Scribd Logo
Upload

Welcome to Scribd!

  • What You Don't Know About "Lis Pendens/Foreclosure"

    Uploaded by

    in1or
    2K views4 pages
    All Lis Pendens (Pending Suit) Foreclosure Are Common-Law Trial By Jury Ab auctoritate legis (prescribed by the authority of the law.) Infra Jurisdictionem (within the jurisdiction) Infra Corpus Comitatus (within the body of the county the common-law courts have jurisdiction; the admiralty on the other hand have no such jurisdiction) Of course without much imagination a common-law trial-by-jury MUST take place in a common-law court. No common-law trial-by-jury within the body of the county means: Breach Of Fiduciary Duty and Trespass by all parties who partake in said actions. This includes all actions COMMENCED by any ATTORNEY AT LAW. In U.S. law, decisions in many civil and criminal trials are made by a jury. Considerable power is vested in this traditional body of ordinary men and women, who are charged with deciding matters of fact and delivering a verdict of guilt or innocence based on the evidence in a case derived from its historical counterpart in English Common-Law, trial by jury has had a central role in American courtrooms since the colonial era, and it is firmly established as a basic guarantee in the National Constitution. Modern juries are the result of a long series of Supreme Court decisions that have interpreted this constitutional liberty and, in significant ways extended it. JURY defined: A body of men selected according to law, for the purpose of deciding some controversy. 2. This mode of trial by jury was adopted soon after the conquest of England, by William, and was fully established for the trial of civil suits in the reign of Henry II. Crabb's C. L. 50, 61. In the old French law they are called inquests or tourbes of ten men. 2 Loisel's Inst. 238, 246, 248. 3. Juries are either grand juries, (q.v.) or petit juries. The former having been treated of elsewhere, it will only be necessary to consider the latter. A petit jury consists of twelve citizens duly qualified to serve on juries, impanelled and sworn to try one or more issues of facts submitted to them, and to give a judgment respecting the same, which is called a verdict. 4. Each one of the citizens so impanelled and sworn is called a juror. Vide Trial. 5. The constitution of the United States directs, that "the trial of all crimes, except in cases of impeachment, shall be by jury;" and this invaluable institution is also, secured by the several state constitutions. The constitution of the United States also provides that in suits at common-law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved. Amend. VII. 6. It is scarcely practicable to give the rules established in the different states to secure impartial juries; it may, however, be stated that in all, the selection of persons who are to serve on the jury is made by disinterested officers, and that out of the lists thus made out, the jurors are selected by lot.

    Original Title

    What You Don’t Know About “Lis Pendens/Foreclosure”

    Copyright

    © © All Rights Reserved

    Available Formats

    DOC, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    All Lis Pendens (Pending Suit) Foreclosure Are Common-Law Trial By Jury Ab auctoritate legis (prescribed by the authority of the law.) Infra Jurisdictionem (within the jurisdiction) Infra Corpus Comitatus (within the body of the county the common-law courts have jurisdiction; the admiralty on the other hand have no such jurisdiction) Of course without much imagination a common-law trial-by-jury MUST take place in a common-law court. No common-law trial-by-jury within the body of the county means: Breach Of Fiduciary Duty and Trespass by all parties who partake in said actions. This includes all actions COMMENCED by any ATTORNEY AT LAW. In U.S. law, decisions in many civil and criminal trials are made by a jury. Considerable power is vested in this traditional body of ordinary men and women, who are charged with deciding matters of fact and delivering a verdict of guilt or innocence based on the evidence in a case derived from its historical counterpart in English Common-Law, trial by jury has had a central role in American courtrooms since the colonial era, and it is firmly established as a basic guarantee in the National Constitution. Modern juries are the result of a long series of Supreme Court decisions that have interpreted this constitutional liberty and, in significant ways extended it. JURY defined: A body of men selected according to law, for the purpose of deciding some controversy. 2. This mode of trial by jury was adopted soon after the conquest of England, by William, and was fully established for the trial of civil suits in the reign of Henry II. Crabb's C. L. 50, 61. In the old French law they are called inquests or tourbes of ten men. 2 Loisel's Inst. 238, 246, 248. 3. Juries are either grand juries, (q.v.) or petit juries. The former having been treated of elsewhere, it will only be necessary to consider the latter. A petit jury consists of twelve citizens duly qualified to serve on juries, impanelled and sworn to try one or more issues of facts submitted to them, and to give a judgment respecting the same, which is called a verdict. 4. Each one of the citizens so impanelled and sworn is called a juror. Vide Trial. 5. The constitution of the United States directs, that "the trial of all crimes, except in cases of impeachment, shall be by jury;" and this invaluable institution is also, secured by the several state constitutions. The constitution of the United States also provides that in suits at common-law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved. Amend. VII. 6. It is scarcely practicable to give the rules established in the different states to secure impartial juries; it may, however, be stated that in all, the selection of persons who are to serve on the jury is made by disinterested officers, and that out of the lists thus made out, the jurors are selected by lot.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    2K views4 pages

    What You Don't Know About "Lis Pendens/Foreclosure"

    Uploaded by

    in1or
    All Lis Pendens (Pending Suit) Foreclosure Are Common-Law Trial By Jury Ab auctoritate legis (prescribed by the authority of the law.) Infra Jurisdictionem (within the jurisdiction) Infra Corpus Comitatus (within the body of the county the common-law courts have jurisdiction; the admiralty on the other hand have no such jurisdiction) Of course without much imagination a common-law trial-by-jury MUST take place in a common-law court. No common-law trial-by-jury within the body of the county means: Breach Of Fiduciary Duty and Trespass by all parties who partake in said actions. This includes all actions COMMENCED by any ATTORNEY AT LAW. In U.S. law, decisions in many civil and criminal trials are made by a jury. Considerable power is vested in this traditional body of ordinary men and women, who are charged with deciding matters of fact and delivering a verdict of guilt or innocence based on the evidence in a case derived from its historical counterpart in English Common-Law, trial by jury has had a central role in American courtrooms since the colonial era, and it is firmly established as a basic guarantee in the National Constitution. Modern juries are the result of a long series of Supreme Court decisions that have interpreted this constitutional liberty and, in significant ways extended it. JURY defined: A body of men selected according to law, for the purpose of deciding some controversy. 2. This mode of trial by jury was adopted soon after the conquest of England, by William, and was fully established for the trial of civil suits in the reign of Henry II. Crabb's C. L. 50, 61. In the old French law they are called inquests or tourbes of ten men. 2 Loisel's Inst. 238, 246, 248. 3. Juries are either grand juries, (q.v.) or petit juries. The former having been treated of elsewhere, it will only be necessary to consider the latter. A petit jury consists of twelve citizens duly qualified to serve on juries, impanelled and sworn to try one or more issues of facts submitted to them, and to give a judgment respecting the same, which is called a verdict. 4. Each one of the citizens so impanelled and sworn is called a juror. Vide Trial. 5. The constitution of the United States directs, that "the trial of all crimes, except in cases of impeachment, shall be by jury;" and this invaluable institution is also, secured by the several state constitutions. The constitution of the United States also provides that in suits at common-law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved. Amend. VII. 6. It is scarcely practicable to give the rules established in the different states to secure impartial juries; it may, however, be stated that in all, the selection of persons who are to serve on the jury is made by disinterested officers, and that out of the lists thus made out, the jurors are selected by lot.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    of 4

    PublicRecord/PublicNotice

    InfraCorpusComitatusAbauctoritatelegis
    InfraJurisdictionem
    WhatYouDontKnowAboutLisPendens/Foreclosure
    AllLisPendens(PendingSuit)ForeclosureAreCommonLawTrialByJury
    OfcoursewithoutmuchimaginationacommonlawtrialbyjuryMUSTtakeplacein
    acommonlawcourt.Nocommonlawtrialbyjurywithinthebodyofthecounty
    means:BreachOfFiduciaryDutyandTrespassbyallpartieswhopartakeinsaid
    actions.ThisincludesallactionsCOMMENCEDbyanyATTORNEYATLAW.
    InU.S.law,decisionsinmanycivilandcriminaltrialsaremadebyajury.
    Considerablepowerisvestedinthistraditionalbodyofordinarymenandwomen,
    whoarechargedwithdecidingmattersoffactanddeliveringaverdictofguilt
    orinnocencebasedontheevidenceinacasederivedfromitshistorical
    counterpartinEnglishCommonLaw,trialbyjuryhashadacentralrolein
    Americancourtroomssincethecolonialera,anditisfirmlyestablishedasa
    basicguaranteeintheNationalConstitution.Modernjuriesaretheresultofa
    longseriesofSupremeCourtdecisionsthathaveinterpretedthisconstitutional
    libertyand,insignificantwaysextendedit.
    JURYdefined:Abodyofmenselectedaccordingtolaw,forthepurposeof
    decidingsomecontroversy.2.Thismodeoftrialbyjurywasadoptedsoonafter
    theconquestofEngland,byWilliam,andwasfullyestablishedforthetrialof
    civilsuitsinthereignofHenryII.Crabb'sC.L.50,61.IntheoldFrench
    lawtheyarecalledinquestsortourbesoftenmen.2Loisel'sInst.238,246,
    248.3.Juriesareeithergrandjuries,(q.v.)orpetitjuries.Theformer
    havingbeentreatedofelsewhere,itwillonlybenecessarytoconsiderthe
    latter.Apetitjuryconsistsoftwelvecitizensdulyqualifiedtoserveon
    juries,impanelledandsworntotryoneormoreissuesoffactssubmittedto
    them,andtogiveajudgmentrespectingthesame,whichiscalledaverdict.
    4.Eachoneofthecitizenssoimpanelledandsworniscalledajuror.Vide
    Trial.5.TheconstitutionoftheUnitedStatesdirects,that"thetrialof
    allcrimes,exceptincasesofimpeachment,shallbebyjury;"andthis
    invaluableinstitutionisalso,securedbytheseveralstateconstitutions.
    TheconstitutionoftheUnitedStatesalsoprovidesthatinsuitsatcommonlaw,
    wherethevalueincontroversyshallexceedtwentydollars,therightoftrial
    byjuryshallbepreserved.Amend.VII.6.Itisscarcelypracticabletogive
    therulesestablishedinthedifferentstatestosecureimpartialjuries;it
    may,however,bestatedthatinall,theselectionofpersonswhoaretoserve
    onthejuryismadebydisinterestedofficers,andthatoutoftheliststhus
    madeout,thejurorsareselectedbylot.
    LISPENDENSdefined:Apendingsuit.Jurisdiction,power,orcontrolwhich
    courtsacquireoverpropertyinlitigationpendingactionanduntilfinal
    judgment.Acommonlawdoctrine,nowcodifiedinmanystatessoastocondition
    itseffectonthefilingofanotice,thatbindsapurchaserorencumbrancerof
    propertytotheresultsofanypendinglawsuitwhichmayaffectthetitleto,
    anylienon,orpossessionoftheproperty.Purposeof"lispendens"isto
    notifyprospectivepurchasersandencumbrancersthatanyinterestacquiredby
    theminpropertyinlitigationissubjecttodecisionofcourtandwhileitis
    simplyanoticeofpendinglitigationtheeffectthereofontheownerof
    propertyisconstraining.BeefyKingIntern.,Inc.,v.Veigle,C.A.Fla.,464
    F.2d1102,1104.BlacksLawDictionarySixthEdition(page932)
    NOTICEOFLISPENDENSdefined:Anoticefiledonpublicrecordsforthepurpose
    ofwarningallpersonsthatthetitletocertainpropertyisinlitigation,\and

    thattheyareindangerofbeingboundbyanadversejudgment.Thenoticeisfor
    thepurposeofpreservingrightspendinglitigation.Mitchellv.FederalLand
    BankofSt.Louis,206Ark.253,174S.W.2d671,674.Thisistermeda"notice
    ofpendency"inNewYork.CPLR650l.BlacksLawDictionarySixthEdition
    (page932)
    LISdefined:atlaw.Lat.Acontroversyordispute;asuitoractionBlacksLaw
    DictionarySixthEdition(page931)
    PENDENSdefined:Lat.Pending;aslispendens,apendingsuit.BlacksLaw
    DictionarySixthEdition(page1134)
    ATLAWdefined:Thisphraseisusedtopointoutthatathingistobedone
    accordingtothecourseofthecommonlaw;itisdistinguishedfromaproceeding
    inequity.2.Inmanycaseswhenthereisnoremedyatlaw,onewillbeafforded
    inequity.See3Bouv.Inst.n.2411.
    PAIS,orPAYSdefined:AFrenchwordsignifyingcountry.Inlaw,matterinpais
    ismatteroffactinoppositiontomatterofrecord:atrialperpais,isa
    trialbythecountry,thatis,byajury.
    NoticeofBreachofFiduciaryDuty
    Whereasdefinedbyvirtueof;NoticeofBreachofFiduciary:(a)Inthis
    section:(1)"Fiduciary"meansanagent,trustee,partner,corporateofficeror
    director,orotherrepresentativeowingafiduciarydutywithrespecttoan
    instrument.(2)"Representedperson"meanstheprincipal,beneficiary,
    partnership,corporation,orotherpersontowhomthedutystatedinparagraph
    (1)isowed.(b)If(i)aninstrumentistakenfromafiduciaryforpaymentor
    collectionorforvalue,(ii)thetakerhasknowledgeofthefiduciarystatusof
    thefiduciary,and(iii)therepresentedpersonmakesaclaimtotheinstrument
    oritsproceedsonthebasisthatthetransactionofthefiduciaryisabreach
    offiduciaryduty,thefollowingrulesapply:(1)Noticeofbreachoffiduciary
    dutybythefiduciaryisnoticeoftheclaimoftherepresentedperson.
    FIDUCIARYDUTYdefined:Adutytoactforsomeoneelse'sbenefit,while
    subordinatingone'spersonalintereststothatoftheotherperson.Itisthe
    higheststandardofdutyimpliedbylaw(e.g.,trustee,guardian).BlacksLaw
    DictionarySixthEdition(page625)
    BREACHOFTRUSTdefined:Anyactdonebyatrusteecontrarytothetermsofhis
    trust,orinexcessofhisauthorityandtothedetrimentofthetrust;orthe
    wrongfulomissionbyatrusteeofanyactrequiredofhimbythetermsofthe
    trust.Alsothewrongfulmisappropriationbyatrusteeofanyfundorproperty,
    whichhadbeenlawfullycommittedtohiminafiduciarycharacter. Every
    violationbyatrusteeofadutywhichequitylaysuponhim,whetherwillfuland
    fraudulent,ordonethroughnegligence,orarisingthroughmereoversightand
    forgetfulness,isa"breachoftrust."Theterm,therefore,includesevery
    omissionandcommissionincarryingoutthetrustaccordingtoitsterms,of
    careanddiligenceinprotectingandinvestingthetrustproperty,andofusing
    perfectgoodfaith.Aviolationbythetrusteeofanyduty,whichheowestothe
    beneficiary.Bruunv.Hanson,C.C.A.ldaho,103F.2d685,699.BlacksLaw
    DictionarySixthEdition(page189)
    BREACHOFDUTYdefined:Inageneralsense,anyviolationoromissionofalegal
    ormoralduty.Moreparticularly,theneglectorfailuretofulfillinajust
    andpropermannerthedutiesofanofficeorfiduciaryemployment.Every
    violationbyatrusteeofadutywhichequitylaysuponhim,whetherwillfuland
    fraudulent,ordonethroughnegligenceorarisingthroughmereoversightor

    forgetfulness,isabreachofduty.SeeNonsupport.BlacksLawDictionary
    SixthEdition(page189)
    Trespass
    Trespasstolandprohibited;whereasdefinedbyvirtueof;Criminaltrespassto
    realproperty:(a)Apersoncommitscriminaltrespasstorealpropertywhenhe
    orshe:(1)knowinglyandwithoutlawfulauthorityentersorremainswithinor
    onabuilding;(2)entersuponthelandofanother,afterreceiving,priorto
    theentry,noticefromtheowneroroccupantthattheentryisforbidden;(3)
    remainsuponthelandofanother,afterreceivingnoticefromtheowneror
    occupanttodepart;(3.5)presentsfalsedocumentsorfalselyrepresentshisor
    heridentityorallytotheowneroroccupantofabuildingorlandinorderto
    obtainpermissionfromtheowneroroccupanttoenterorremaininthebuilding
    orontheland;(3.7)intentionallyremovesanoticepostedonresidentialreal
    estateasrequiredbysubsection(1)ofSection151505.8ofArticleXVofthe
    codeofCivilProcedurebeforethedateandtimesetforthinthenotice;or(4)
    entersafieldusedorcapableofbeingusedforgrowingcrops,anenclosedarea
    containinglivestock,anagriculturalbuildingcontaininglivestock,oran
    orchardinoronamotorvehicle(includinganoffroadvehicle,priortothe
    entry,noticefromtheowneroroccupantthattheentryisforbiddenorremains
    uponorintheareaafterreceivingnoticefromtheowneroroccupanttodepart.
    Forpurposesofitem(1)ofthissubsection,thisSectionshallnotapplyto
    beinginabuilding,whichisopentothepublicwhilethebuildingisopento
    thepublicduringitsnormalhoursofoperation;norshallthisSectionapplyto
    apersonwhoentersapublicbuildingunderthereasonablebeliefthatthe
    buildingisstillopentothepublic.(b)Apersonhasreceivednoticefromthe
    owneroroccupantwithinthemeaningofSubsection(a)ifheorshehasbeen
    notifiedpersonally,eitherorallyorinwritingincludingavalidcourtorder
    asdefinedbysubsection(7)ofSection112A3oftheCodeofCriminalProcedure
    of1963grantingremedy(2)ofsubsection(b)ofSection112A14ofthatcode,
    orifaprintedwrittennoticeforbiddingsuchentryhasbeenconspicuously
    postedorexhibitedatthemainentrancetothelandoftheforbiddenpart
    thereof.
    Whereasdefinedbyvirtueof;TrespasstoResidence:Itisunlawfultocommit
    trespasstoaresidence.Apersoncommitstrespasstoaresidencewhen,without
    authority,thatpersonknowinglyentersorremainswithinaresidence,including
    ahousetrailer.Forpurposesofthissection,inthecaseofamultiunit
    residentialbuildingorcomplex,"residence"shallonlyincludetheportionof
    thebuildingorcomplexwhichistheactualdwellingplaceofanypersonand
    shallnotincludesuchplacesascommonrecreationalareasorlobbies.(Ord.
    1996M641.)
    Whereasdefinedbyvirtueof;conspiracytodefeatenforcementofthelaws:If
    twoormorepersonsinanyStateorTerritoryconspireforthepurposeof
    impeding,hindering,obstructing,ordefeating,inanymanner,theduecourseof
    justiceinanyStateorTerritory,withintenttodenytoanycitizentheequal
    protectionofthelaws,ortoinjurehimorhispropertyforlawfullyenforcing,
    orattemptingtoenforce,therightofanyperson,orclassofpersons,tothe
    equalprotectionofthelaws,eachofsuchpersonsshallbepunishedbyafine
    ofnotlessthanfivehundrednormorethanfivethousanddollars,orby
    imprisonment,withorwithouthardlabor,notlessthansixmonthsnormorethan
    sixyears,orbybothsuchfineandimprisonment.[See19771991,20042010,
    55065510.1]

    TheCommonLawAct(Trust)
    ThisActmaybecitedastheCommonLawActwhereasdefinedbyvirtueof:That
    thecommonlawofEngland,sofarasthesameisapplicableandofageneral

    nature,andallstatutesoractsoftheBritishparliamentmadeinaidof,and
    tosupplythedefectsofthecommonlaw,priortothefourthyearofJamesthe
    First,exceptingthesecondsectionofthesixthchapterof43dElizabeth,the
    eightchapterof13thElizabeth,andninthchapterof37thHenryEighth,and
    whichareofageneralnatureandnotlocaltothatkingdom,shallbetherule
    ofdecision,andshallbeconsideredasoffullforceuntilrepealedby
    legislativeauthority.(Source:R.S.1874,p.269.)
    Whereasdefinedbyvirtueof:"TheCodeiscomplimentarytotheCommonLaw,MUST
    BETHERULEOFDECISION,ANDMUSTBECONSIDEREDASOFFULLFORCE,exceptwhere
    displacedbythecode.AstatuteshouldbeconstruedinharmonywiththeCommon
    Law,unlessthereisaclearlegislativeintenttoabrogatetheCommon
    Law."U.C.C.1103.6Defineshowcontractlawmustbeincompliancewiththe
    rulesofthecommonlawprovidingthereismadeaknowingreservationofcommon
    lawrights.

    You might also like