TRUSTEE'S BREACH OF FIDUCIARY DUTIES

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WRITTEN BY JOHN STUART

TRUSTEE – COMPLAINT FOR BREACH OF FIDUCIARY DUTIES

 D R A F T. INCOMPLETE. DO NOT USE AS IS.

[Notes: 1. I believe this suit would work against a “real” TRUSTEE also, but I would rather sue a “fake” TRUSTEE and have no one appear in court on the TRUSTEE’s behalf; 2. TRUSTEEs are controlled by State law, and every State is different.

3. The suit will be futile without a notary complaint filed. 4. The “gurus” will get a hold of this and add their “pay-the-idiot” bullshit, don’t listen to them, they are blinded by greed and are barred from learning and understanding the truth]

I.         SUIT:

         1.         Claim:          Breach of Fiduciary Duty to the Trustee

                  A single claim, no reason to muddy the waters and give them a basis to misdirect us down the rabbit hole.

2.         Relief:          Quiet the Title

                  This prevents the judge from being in a bad spot since a quiet Title is totally voidable by anyone that has the proper valid legal documents.

3.         Proof of Claim:                 

                  A.         False notarized documents filed into a public office

                  Often the TRUSTEE is financially tied to the foreclosing entity

B.         IRS form 3949A

                  You inform to the IRS on the TRUSTEE, they are probably not properly reporting ALL of the transactions

II.         LEGAL DOCTRINES: We must defeat the presumption

         1.         Presumptions trump law:

         No, they do NOT teach this in law school and attorneys will argue its wrong, then they realize it’s the whole foundation of civil law; it’s a wake up call for          everyone. (I’ve taught it for years, people are starting to listen)

         2.         Laws do NOT mean crap in civil court when a presumption is in the contract; the court will ALWAYS go with the presumption:

         This is why we lose. The presumption the TRUSTEE is real and valid means that all the judge has to do is what the TRUSTEE orders him to do. It’s called TRUST LAW, not contract law. Remember, DEED OF TRUST not DEED OF CONTRACT

         3.         The Borrower (TRUSTOR) may or may not be in DEFAULT, the LOAN is never in DEFAULT, it’s insured a dozen different ways:

The law firms are always screaming the borrower is in default, but that does not matter, it only matters if the LOAN is in default, which is not possible.

4.         TRUSTS must have 3 separate parties:

         TRUSTEE, TRUSTOR, BENEFICIARY:

No one can be two parties; no attorney can represent 2 parties; that’s called conflict of interest. So if MERS claims they are the TRUSTEE then they lied when they claimed they were the Beneficiary. TRUSTEE must be registered and real, fake TRUSTEE does not exist in law.

         5.         The FIDCUIARY duty is EQUAL to all parties:

So how can the TRUSTEE be issuing fraudulently notarized documents to help the Beneficiary and screw the Trustor? It is not like a divorce; where the woman gets the gold mind and the man gets the shaft.

         6.         A COMPLAINT for BREACH OF FIDCUCIARY DUTIES puts the onus probandi on the FIDUCIARY (TRUSTEE) to prove he has NOT violated his duties:

The notary complaint is sufficient prima facie evidence (even if not answered; it’s the complaint not the response that counts) to initiate the suit.

Tags: bankruptcy, borrower, countrywide, disclosure, foreclosure, foreclosure defense, foreclosure offense, foreclosures, fraud, LOAN MODIFICATION, modification, quiet title, rescission, RESPA, securitization, TILA audit, trustee, WEISBAND
Posted in bubble, Corruption, Eviction, securities fraud |