Wednesday, May 17, 2006

Am Jur 2nd 76 331 (5/01/06)

I thought I’d give you a quote and reference for study of my understanding of why Dorean structured our affairs the way we did and why our current trial could not be avoided.

331

The duties of a trustee are similar to those of a personal representative. A trustee occupies a position of peculiar responsibility, and is selected because of the settlor’s confidence in his diligence, prudence, and absolute fidelity. Thus, the duties of a trustee are the highest known to the law.

The trustee’s action is restricted by an overarching fiduciary duty and courts have held that a trustee’s first or primary duty is to:

• Act wholly for the benefit of the trust, and administer the trust solely in the interest or benefit of beneficiaries.
• Preserve trust assets
• Carry out settlor’s intent

I ask any of you to bring a real charge against me for breach of duty. I have stood up to a government attempting to dress the whore bankers in virtue and exposed their own nakedness. I put my life on the line to protect the trust, its interest and parties. I was a good choice for the settlor’s confidence which they attacked through lies and deception. I stand firm now even defending against the settlor’s beguiled stupidity. In the end all folly will be exposed

46 comments:

mogel said...

"Act wholly for the benefit of the trust, and administer the trust solely in the interest or benefit of beneficiaries.
• Preserve trust assets
• Carry out settlor’s intent"

ANOTHER REASON WHY NO FRAUD EXISTS ON YOUR PART. YOU HAD NO CHOICE UNDER THE LAW THAN WHAT YOU DID AS YOU ALSO HAVE NO REAL CHOICE OTHER THAN TO FINISH THE FIGHT BEING MY TRUSTEE. CERTAINLY EVEN THE CORRUPT COURT CANNOT ULTIMATELY DENY THIS FACT.

provb1022 said...

I know of "no breach of duty" since your incarceration. I realize you can’t can't act wholly for the benefit of the trust in jail. Our house in the family trust was just sold at auction and the sale confirmed. We have to be out of the house in 2 weeks. I'm hoping you can be out in 2 weeks to settle the trust issues with the fraudulent take over our home. I believed this to be your responsibility when we put the house in the Trust. This is not right. We expected you to be handling these issues of protecting the estate. God help us and others that are that are in similar circumstances due to the fraud of the banks perpetuated on my family and others. When are you getting clear of this circus so you can fulfill your responsibilities?

WillToFight said...

That's the thing Mogel: These type people get marched off a genious.

Take enron execs' where able to use stolen money for there defense. Stolen money i.e. there money was not confiscated due to the allegation of wrongdoing.

None of these naysayers would bother with us if they thought about the real criminals running around in this country constantly fleasing the blinded citizens.

Kurt and Scott ask a question to be proven by the banks and they become instant criminals and everyone is against them. sic!

People in this society are soooo blinded soooo programmed constantly shooting the messenger instead of the true villian!

These very same people push off a video of something that can not be made out, but is smaller than my mini van as a B757 hiting the pentagon and now everyone is saying
"see all you conspiracy theorist" there is the plane that hit the pentagon now shut up! Wow! It is a shame how they treat us!

It is sickening who they treat us! The big problem is "We The people" allow it by fighting each other instead of looking at the issue and coming to the conclusion that we should at least ask question and exspect answers honestly to those questions.

This is the Dorean (soveriegnty freedom) issue.

WillToFight said...

Provb1022:

Hey I feel for you and yours. I am in simular circumstance and am fighting things off with some assistance from counsel.

It really is a circus provb1022. The reason it is this way is "conflict of interst"! Everyone is running scared in this society. There is no Truth no honesty no humanity! Dog eat Dog!

I know we have an uphill battle. However, I would not have it any other way, but to fight for what I know is right.

Integrity is the only thing I can die with!

This process is so important. It is 10 degrees of this 360 degree madness that is destroying this country as well as many other countries around the world.

Pure unadulterated greed!

There is no fraud on the part of Kurt or Scott. I only saw an attempt to put my Trust matters in corrected perspective that would be for the benefit of the beneficiaries.

I see fraud on the part of the banks and the judiciary attempting to use us all as slaves to this corrupt system.

WillToFight said...

Provb1022

It will be returned in 10 fold!

10 fold myfriend!

We will be free to invest in uncovering much of this corruption that is enslaving much of this society with FED Reserve debt fraud!
_________________________

Kurt & Scott

I understand your circumstance. Theres is not much you can do but to fight the overall issue.

If my family and I lose our assets due to this illegal detention of both you and Scott I understand. I will continue to fight!

provb1022 said...

"Integrity is the only thing I can die with!" Integrity is an intresting subject which it seems few know anything about. But then it is possiable to have it and only you and your Maker know the reality of that. Thanks will to fight for the truth!!!!!

WillToFight said...
This comment has been removed by a blog administrator.
WillToFight said...

Tuesday, May 9th, 2006
Chicago's Abu Ghraib: UN Committee Against Torture Hears Report on How Police Tortured Over 135 African-American Men Inside Chicago Jails

http://www.democracynow.org/article.pl?sid=06/05/09/1415210

Listen to Segment || Download Show mp3
Watch 128k stream Watch 256k stream Read Transcript
Help Printer-friendly version Email to a friend Purchase Video/CD
For nearly two decades a part of the city’s jails known as Area 2 was the epicenter for what has been described as the systematic torture of dozens of African-American males by Chicago police officers. In total, more than 135 people say they were subjected to abuse including having guns forced into their mouths, bags places over their heads, and electric shocks inflicted to their genitals. Four men have been released from death row after government investigators concluded torture led to their wrongful convictions. [includes rush transcript]

papa_dont_preach said...

willtofight, that's a bunch of BS! 10 fold my arse. Try 204 fold. ;)

mogel said...

Prov10:22 Just curious, what State do you live in? I hope you continue to do whatever is necessary to keep your home. I wish some sort of injunction could be filed in your behalf to stop the eviction. Leaving the home is a form of acceptance, and acceptance of the Judge's wrongful ruling. I wonder how many days in jail a person would spend for possible "contempt of court" in this instance? I wonder how many more times in damages a person is entitled to for being arrested, put in jail for protecting one's property in righteousness? Hey, on a personal level, I spent 25 days in jail for "contempt of court". the original charges, which were MANY OF THE SAME CHARGE, started with "renting a mobile home without a license." If I had to do it over again, I wish I would have spent 6 months in jail. I had that option. Looking back, I wish I would have taken other options & spent the 6 months instead. I COULD HAVE made other decisions that would have alloted me that. Course originally they made me face thinking about 6 years on all the B.S. they charged me with. I know how stupid & unfair the System can be & the tricks they play. Been there, done that. I sincerely wish you the best. God bless you.

mogel said...

Someone said: "willtofight, that's a bunch of BS! 10 fold my arse. Try 204 fold. ;)

I THINK WILLTOFIGHT WAS TALKING ABOUT THE MINIMUM THAT THE CLIENT WILL RECEIVE DUE TO THE SALE OF THE ADMINISTRATIVE JUDGMENT, OR THE BOTTOM LINE SO TO SPEAK. SO THIS IS HARDLY B.S. :O) If you ARE TALKING DAMAGES, THEN, THAT'S SOMETHING DIFFERENT.

light1rae said...

Dear Provb1022,
There is no question now, you have been damaged by the mortgage company! Like so many of us the judge (in our cases like your case) just roll over us, and our legal paperwork that has been prepared without mistakes. Proving to the court that there are trial able genuine issues of material facts that need to be heard in a court of law by jurors of our peers. But the judges are in the bankers pocket so we lose everytime! So be of good cheer for you have stood for righteousness and will be rewarded soon for your damages. You could not have a better (representative) Trustee speaking on you behalf then Kurt or Scott. Stay the course!

WillToFight said...

Estimate $3.3 Trillion
Missing From U.S. Treasury

By Buddy Grizzard
authenticpress.net
August, 02
4-7-6


While Americans worry about the disastrous effects on our economy of the accounting scandals at Enron, WorldCom and elsewhere, an even larger accounting scandal has somehow escaped the public consciousness. According to estimates, the Department of Defense and the Department of Housing and Urban Development cannot account for over $3 trillion allotted to them by Congress, amounting to thousands of dollars of missing money for every man, woman and child in the country.
_________________________

Neo, Justass, Fruit I guess you'll will be on the Dept of Treasury like you are here!

WillToFight said...

I know Neo and Justass just have to be pissed off about this!

Come on show us how you hate fraud. Lead us into battle!

______________________

America's Shadow Army Goes From Bad to Worse:


Vast Military Corruption Amplified Under the Watch of George W. Bush

The bad news: According to a report by the inspector general at the Defense Department released in the year 2000, the Defense Department has completely lost track of one trillion and one hundred billion dollars of taxpayers' money. The even worse news: This number is only a rough estimate, because the Defense Department uses approximately 2,300 different accounting methods to keep track of its money, according to the United States General Accounting Office. The news gets worse: The Defense Department has continued to lost track of more money in the three years since the report was released. Worse, worse, news: Even though George W. Bush knows about the report, he has done nothing to recover the missing taxpayers' money or reform the accounting systems in the Defense Department. The worst news of all: Knowing that a substantial percentage of money in the Defense Department's budget is lost every year, George W. Bush decided to give the Defense Department the largest budget increase since World War II.

WillToFight said...

Papa_don't_preach

I was not speaking of anything based on facts on the ground accept that we will win. I just pulled a number.

I just think it is sickening. But facts are that 20 times the damages can be payed or more like what Mogel said

204 times!

I don't know. I am not in it for the money! I am in it for Truth and Justice. Any money I receive will go toward getting others out of the fraudulent mess!

But just what is your point Papa?

papa_dont_preach said...

Mogel said...

something bout something...

Yeah, I was talking damages and it was more of a poke of fun with a dash of reality for the banks. Oh and by the way, don't think for a moment Mogel about minimums. Kurt/Scott ain't traveling this path for a mere 10% brother!!!

WillToFight said...

Your right Provb1022 however,
Many on this blog know what integrity is about. We are in this struggle with you.

Soon I could be exactly where you are. I do not wish so. But I will go to jail first!

Too the good fight! Stand up people! It is only us our children and grandchildren that will suffer if we don't take a stand right now!

Justice, Honesty, Integrity that is all!

WillToFight said...

poking fun is good!

papa_dont_preach said...

N/P Will, like I said, it was lighthearted to you but reality for the banks. BTW, that's very noble of you. I'm interested to learn what you are going to spearhead to fight the system.

WillToFight said...

Those that hate fraud so much must have missed this one! I guess Justass would agree that United should not have to pay pentions?

________________

United Airlines halts pension payments: a major attack on retirement programs in US

By Joseph Kay
31 July 2004

United Airlines announced on July 23 that it was halting all payments to its pension plan while it remains under bankruptcy protection. The move came only a few days after the world’s second largest airline announced that it would be deferring a $72.4 million payment to the plan.

WillToFight said...

Papa_don't_preach

Coming to a theatre near you very soon!

The movement is growing. People are waking up. Legal help is becoming available that agree and recognize the fraud that is going on with the banks.

I will make that a monetary and physical investment! Not ready to give all information about it though!

papa_dont_preach said...

Great, can't wait to hear! I had you pegged as someone who was on the fast-track to something.

WillToFight said...

What do you mean by that?

WillToFight said...

Fruit Cake, Neo, Justsomething you must be on the picket line for this one?

Court approves termination of United Airlines pension plans
By Patrick Martin
13 May 2005

Use this version to print | Send this link by email | Email the author

In a devastating blow to 122,000 workers and retirees, a federal bankruptcy judge ruled May 11 that United Airlines may default on its pension obligations and turn over control of its pension funds to a federal agency that is already swamped by corporate pension defaults. Judge Eugene Wedoff approved the airline management’s request to terminate four pension plans—for pilots, flight attendants, mechanics and other ground service workers. The $9.8 billion pension plan default is the largest in US history.

son of a prophet said...

jus' wonerin'.....


after dg is victorious, so how wouold that affect all the other mtg progarms???

redwood, success trust etc., etc., come to mind....


uhhh, i guess moog, would you care to take a crack at this??.......


it seems that they should also be held liable (the govt.) to those tursts also....


excuse the typing errors, but i keep from 7-10 pages open at once, different forums, blogs, etc and then type and then minimize the page, next page, type and minmize, next page, etc. fingers get tired after a while....

WillToFight said...

Full or empty? GM pension dispute
Article says feds see a $31B shortfall in automaker's retirement plans; GM says its fully funded.
October 3, 2005: 8:33 AM EDT

Neo, Justass, FruitCake with TACO in tow, must be fully investigating what happened here!

You guys are great! Who lying the FEDS or GM? I think both and the employees will be screwed.

WillToFight said...

GM will freeze salaried pensions, shift to 401(k)s

By Sharon Silke Carty, USA TODAY
DETROIT — General Motors announced Tuesday that it is shrinking its salaried pension plans, a move that will save the struggling automaker $420 million in 2007.

The changes will move newer salaried staff to defined contribution 401(k) plans, following a national trend of companies moving away from more expensive traditional pensions.

Salaried workers hired before Jan. 1, 2001 still have the promise of a traditional pension, but the automaker is slashing how it calculates future benefits. Top executives who are eligible for supplemental retirement benefits will have those plans frozen at the end of the year.

________________________

Where were you guys? This happened and you were no where to be found!

You guys are slipping on catching the bad guys! Oh, you spend all your time here!

Could I smell a fraud at GM?

papa_dont_preach said...

Nothing other than I figured you'd be the next to do something rather than sit back and do nothing. It's all good, we're on the same team.

provb1022 said...

Mogel,

OK. is the state. Thanks for the sincere blessing. I believe things are working for good. I believe in the 204 number . I will tell you more at a later date if I can regarding administrative. By the way we are not being "evicted" but the "new owner" is giving us 2 weeks to depart.

Peanut Gallery said...

What guarantee do we have that judge Allsup won't just railroad over K&S? Look what happened to Schiff at his trial, the judge overruled and would not allow testimony that would have prooved the that the IRS has no authority to collect taxes on our labor. He said the testimony was irrelevant, just like that, legislating from the bench

mogel said...

Papa Don't preach said: "Kurt/Scott ain't traveling this path for a mere 10% brother!!!"

My brother, 10 times is more than 10%, is it not? I'm sure Kurt & Scott are going after the most that is possible. I've always maintained that is why they are cautious & taking their time. That's whAat trustees, are obligated by law to do, LOOK AFTER MY BEST INTERESTS & are accountable to the highest standards of law to do exactly just that. COULDN'T THINK OF ANYONE ELSE I'D RATHER BE MY TRUSTEES EITHER.

mogel said...

Will to Fight: Bankruptcy trustees have alot of power as we see.

mogel said...

SOP: Redwood Trust was a scam from all information & events it appears. They had nothing more than a program that alleged getting grant money for clients to pay off mortgages, however, that is not what they produced. The other program, "Success" is a process in theory that the banks seem to like in theory. They use your asset & you get paid for the use of that asset on a monthly basis for a few years & at the end your liability is paid off. Hardly a mortgage challenge process. Closest thing to the Dorean process is Libo or what Freedom Group is doing. Course even both of those in practice, pay off the mortgage with proceeds the clients receive from the sale of the administrative judgment, so a huge difference also. The banks like to be paid off.

mogel said...

Prov 10:22 said: "By the way we are not being "evicted" but the "new owner" is giving us 2 weeks to depart."

What can you give the new owner to stay in your home? How about giving him/her an release for actions he is already guilty of? Tell him y you are seriously considering a possible personal lawsuit against him/her for participating in a scheme to deprive & steal property from you wrongfully? You might have to educate the new owner on the Dorean Process & explain to him that things will change once the Dorean Principals are freed. After all, you have a discharge or recorded in the County Records. The new buyer ignored that or thinks maybe this is not relevant. In either case, give him/her some things to think about. Maybe that will slow him down & buy you the time you need. Or get with Dr. Fred with a TILA audit & getting an injunction to stop what the new owner will eventually do. If the lender had no right to sell your property, the new owner's rights are toast & unenforceable to make you leave. If you refuse to leave, the new owner will get an attorney & have you evicted. If you cave in now, you have less leverage. It all depends how far you want to push this thing & defend your rights. I know of a guy in Utah that refused to leave & was serious about not leaving. It was his last stand & he had firepower to back it up & threatened with that. Not suggesting that. But the stronger you appear to be, the more cautious the other party will proceed.

Contact Richard Conforth, maybe he could help you. He is from Tulsa, OK, the State from which you reside.

What did you mean when you said, "Fruit" was from the same background as you?

mogel said...

Peanut Gallery said: "What guarantee do we have that judge Allsup won't just railroad over K&S? Look what happened to Schiff at his trial, the judge overruled and would not allow testimony that would have prooved the that the IRS has no authority to collect taxes on our labor. He said the testimony was irrelevant, just like that, legislating from the bench"

I think Mr. Schiff made the mistake of not attacking the weakness of the Court & showing or attacking their lack of impartiality. If you can show that the Court is not acting fairly by showing that the interest of the Court & the interest of the IRS are similiar or the same or that they have common interests, or both stand to benefit, or their is a direct relationship between the two that is clearly wrong, then, you might be able to make them back away towards a settlement. I guess Shiff settled for jail, so to speak. Attack the "achilles heel" of your opponent in every fight, for even a perceived immortal, suddenly becomes weak & mortal. Not sure I spelled the quotes correctly, maybe Nemo knows. The easiest way to break a chain is to concentrate & apply force towards it's weakest link. Use the fear of your opponent for your benefit. If your opponent has no fear or stands to lose nothing, than you aren't looking hard enough.

mogel said...

Remember Mr. Bannister who was successful against the IRS?

son of a prophet said...

mog,

so if in all cases, the banks get paid off, what exactly is their beef?

why are they balking and squawking if they are going to get paid anyway?

i must be missing something here??

mogel said...

SOP said: "so if in all cases, the banks get paid off, what exactly is their beef?"

It wasn't Dorean plan to pay off the banks in federal reserve notes, thus the banks have a problem with that.

Libo & Freedom Group, haven't been charged with any fraud have they? No beef there at least to date.

mogel said...

Peanut Gallery: Mr. Bannister, a former IRS agent enlightened to the truth, had incriminating documents against the IRS which couldn't be denied in Court since the documents were on the IRS's letter head showing what the truth is. The IRS not wanting such public exposure & all of these documents in the public record, and the bad publicity of a trial, decided to drop their case against him as in the best interest of the IRS. These documents proved that the IRS have been perpertrating a lie, thus, the IRS dismissed the charges against him. Definitely a victory. Attack the opponents weakness & use to your advantage to get what you want.

Mr. Schiff tried to argue his case as the visiting team. The visiting team is usually the underdog in sports. Often the IRS & the banks have the best devils & the most money that injustice can buy to twist things, so that you can't win most of the time in their arena. Ghengis Khan was never beat. Why? He fought his own battle his way, & according to his own advantages & never let the opponent have home court advantage. He always took his opponents strengths & took them away & always used his enemies weaknesses against them.

mogel said...

Will To Fight said: "That's the thing Mogel: These type people get marched off a genious"

In almost all EVIL agendas it seems there are people who become the patsies or scapegoats FOR THE WRONGDOINGS OF OTHERS HIGHER UP ON THE TOTEM POLE, but the real pupeteers go unharmed MOST of the time. Course God's justice is waiting for them, however, God is patient, real patient sometimes. Makes me wonder who will be the patsies or scapegoats here in the Dorean's fight against the banks. If and when Dorean gets acquitted, who is going to take the fall or the blame for this victory & who will suffer the most? I think the bank's hiearchy will figure out a way to "save face" in all of this.

Didn't I hear in the news that some were convicted in this Enron scandle recently? YOu know, you've got to have at least a little justice, just to appease the masses so it appears the System is working & sometimes someone has to take the fall. What do they call that? Oh yea, I remember, "selective prosecution.".

provb1022 said...

Mogel says

“Leaving the home is a form of acceptance, and acceptance of the Judge's wrongful ruling. I wonder how many days in jail a person would spend for possible "contempt of court" in this instance?”

Yes it is. A form of acceptance. This is not the truth of acceptance since we intend to fight the Judge’s wrongful ruling in another way.

“I hope you continue to do whatever is necessary to keep your home.”

I don’t believe we at this point we can save the home but I will take your advice and call the person you suggested. My understanding is we can fight it administratively which we will pursue to collect damages.




Will to Fight says

“Soon I could be exactly where you are. I do not wish so. But I will go to jail first!”

I’m all for that if your family doesn’t mind.


Mogel says

“How about giving him/her an release for actions he is already guilty of?
Tell him you are seriously considering a possible personal lawsuit against him/her for participating in a scheme to deprive & steal property from you wrongfully?
You might have to educate the new owner on the Dorean Process & explain to him that things will change once the Dorean Principals are freed. After all, you have a discharge or recorded in the County Records. The new buyer ignored that or thinks maybe this is not relevant. In either case, give him/her some things to think about. Maybe that will slow him down & buy you the time you need. Or get with Dr. Fred with a TILA audit & getting an injunction to stop what the new owner will eventually do. If the lender had no right to sell your property, the new owner's rights are toast & unenforceable to make you leave. If you refuse to leave, the new owner will get an attorney & have you evicted. If you cave in now, you have less leverage. It all depends how far you want to push this thing & defend your rights”…



I did give the prospective buyer something’s to think about and educated him of the possibility of him participating in the fraud. Gave him a copy of the discharge of mortgage along with a letter to the Banks attorney about the disputed claim. They simply told the prospected buyer that this was “old news” and handed the documents back to the buyer. The Judge then confirmed the sale since he had put down the total amount from the auction. I was informed that I could not represent myself in a commercial court and needed an attorney. A friend of mine said that he had spoken before the judge and the judge simply said “thank you” when he shared his documentation. Case closed. Figured I didn’t know how to pursue with proper protocol or procedure.

I will check on a “release of actions he is already guilty of”. I had a TILA audit done and paid $500.00 for it. Unfortunately I didn’t realize at the time I needed another $4200.00 to have it filed with the court. This would have been the way to go if I had had the immediate cash. However, I was not just interested in staveing off or buying a little more time in our home. I want to see judgments, and collections. I’m still expecting that. One thing I don’t understand is how the judge can just seemingly void or not pay any attention to the trust? I believe that Kurt and Scott is the trustee’s of our irrevocable trust. How will that be handled once the trial or hearing is over?




Mogel says,

What did you mean when you said, "Fruit" was from the same background as you?

As I recall I was being sarcastic to you but sincere about the same religious background with fruit. It’s a “burning in my bosom” that fruit and I have a similar religious background. This is just a feeling. It just seems the way he or she quotes the Bible to justify him or hers position to be sincere but sincerely wrong which I have done the same thing in the past. If your reading fruit, what religious background do you have?

WillToFight said...

Mogel said....

Will to Fight: Bankruptcy trustees have alot of power as we see.
______________________
Thats' seems to be the case! Lack of conscious seems to get you far in this society?

They view success "trapling" over those that can not defend themselve or are not educated to defend. They get it anyway they can, no regrets, no conscious!

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