Public Record/Public Notice

Infra Corpus Comitatus Ab auctoritate legis

Infra Jurisdictionem

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

All Lis Pendens (Pending Suit) Foreclosure Are Common­Law Trial By Jury

Of course without much imagination a common­law trial­by­jury MUST take place in

a common­law court. No common­law trial­by­jury 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 Common­Law, 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 common­law,
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.

LIS PENDENS defined: A pending suit. Jurisdiction, power, or control which

courts acquire over property in litigation pending action and until final
judgment. A common­law doctrine, now codified in many states so as to condition
its effect on the filing of a notice, that binds a purchaser or encumbrancer of
property to the results of any pending lawsuit which may affect the title to,
any lien on, or possession of the property. Purpose of "lis pendens" is to
notify prospective purchasers and encumbrancers that any interest acquired by
them in property in litigation is subject to decision of court and while it is
simply a notice of pending litigation the effect thereof on the owner of
property is constraining. Beefy King Intern., Inc., v. Veigle, C.A.Fla., 464
F.2d 1102, 1104. Black’s Law Dictionary Sixth Edition (page 932)

NOTICE OF LIS PENDENS defined: A notice filed on public records for the purpose
of warning all persons that the title to certain property is in litigation,\ and

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that they are in danger of being
the purpose of preserving rights
Bank of St. Louis, 206 Ark. 253,
of pendency" in New York. CPLR §
(page 932)
bound by an adverse judgment. The notice is for
pending litigation. Mitchell v. Federal Land
174 S.W.2d 671, 674. This is termed a "notice
650l. Black’s Law Dictionary Sixth Edition

LIS defined: at law. Lat. A controversy or dispute; a suit or action Black’s Law
Dictionary Sixth Edition (page 931)

PENDENS defined: Lat. Pending; as lis pendens, a pending suit. Black’s Law
Dictionary Sixth Edition (page 1134)

AT LAW defined: This phrase is used to point out that a thing is to be done
according to the course of the common­law; it is distinguished from a proceeding
in equity. 2. In many cases when there is no remedy at law, one will be afforded
in equity. See 3 Bouv. Inst. n. 2411.

PAIS, or PAYS defined: A French word signifying country. In law, matter in pais
is matter of fact in opposition to matter of record: a trial per pais, is a
trial by the country, that is, by a jury.

Notice of Breach of Fiduciary Duty

Whereas defined by virtue of; Notice of Breach of Fiduciary: (a) In this

section: (1) "Fiduciary" means an agent, trustee, partner, corporate officer or
director, or other representative owing a fiduciary duty with respect to an
instrument. (2) "Represented person" means the principal, beneficiary,
partnership, corporation, or other person to whom the duty stated in paragraph
(1) is owed. (b) If (i) an instrument is taken from a fiduciary for payment or
collection or for value, (ii) the taker has knowledge of the fiduciary status of
the fiduciary, and (iii) the represented person makes a claim to the instrument
or its proceeds on the basis that the transaction of the fiduciary is a breach
of fiduciary duty, the following rules apply: (1) Notice of breach of fiduciary
duty by the fiduciary is notice of the claim of the represented person.

FIDUCIARY DUTY defined: A duty to act for someone else's benefit, while
subordinating one's personal interests to that of the other person. It is the
highest standard of duty implied by law (e.g., trustee, guardian). Black’s Law
Dictionary Sixth Edition (page 625)

BREACH OF TRUST defined: Any act done by a trustee contrary to the terms of his
trust, or in excess of his authority and to the detriment of the trust; or the
wrongful omission by a trustee of any act required of him by the terms of the
trust. Also the wrongful misappropriation by a trustee of any fund or property,
which had been lawfully committed to him in a fiduciary character. Every
violation by a trustee of a duty which equity lays upon him, whether willful and
fraudulent, or done through negligence, or arising through mere oversight and
forgetfulness, is a "breach of trust." The term, therefore, includes every
omission and commission in carrying out the trust according to its terms, of
care and diligence in protecting and investing the trust property, and of using
perfect good faith. A violation by the trustee of any duty, which he owes to the
beneficiary. Bruun v. Hanson, C.C.A.ldaho, 103 F.2d 685, 699. Black’s Law
Dictionary Sixth Edition (page 189)

BREACH OF DUTY defined: In a general sense, any violation or omission of a legal

or moral duty. More particularly, the neglect or failure to fulfill in a just
and proper manner the duties of an office or fiduciary employment. Every
violation by a trustee of a duty which equity lays upon him, whether willful and
fraudulent, or done through negligence or arising through mere oversight or

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forgetfulness, is a breach of duty. See Non­support. Black’s Law Dictionary
Sixth Edition (page 189)
Trespass

Trespass to land prohibited; whereas defined by virtue of; Criminal trespass to

real property: (a) A person commits criminal trespass to real property when he
or she: (1) knowingly and without lawful authority enters or remains within or
on a building; (2) enters upon the land of another, after receiving, prior to
the entry, notice from the owner or occupant that the entry is forbidden; (3)
remains upon the land of another, after receiving notice from the owner or
occupant to depart; (3.5) presents false documents or falsely represents his or
her identity orally to the owner or occupant of a building or land in order to
obtain permission from the owner or occupant to enter or remain in the building
or on the land; (3.7) intentionally removes a notice posted on residential real
estate as required by subsection (1) of Section 15­1505.8 of Article XV of the
code of Civil Procedure before the date and time set forth in the notice; or (4)
enters a field used or capable of being used for growing crops, an enclosed area
containing livestock, an agricultural building containing livestock, or an
orchard in or on a motor vehicle (including an off­road vehicle, prior to the
entry, notice from the owner or occupant that the entry is forbidden or remains
upon or in the area after receiving notice from the owner or occupant to depart.
For purposes of item (1) of this subsection, this Section shall not apply to
being in a building, which is open to the public while the building is open to
the public during its normal hours of operation; nor shall this Section apply to
a person who enters a public building under the reasonable belief that the
building is still open to the public. (b) A person has received notice from the
owner or occupant within the meaning of Subsection (a) if he or she has been
notified personally, either orally or in writing including a valid court order
as defined by subsection (7) of Section 112A­3 of the Code of Criminal Procedure
of 1963 granting remedy (2) of subsection (b) of Section 112A­14 of that code,
or if a printed written notice forbidding such entry has been conspicuously
posted or exhibited at the main entrance to the land of the forbidden part
thereof.

Whereas defined by virtue of; Trespass to Residence: It is unlawful to commit

trespass to a residence. A person commits trespass to a residence when, without
authority, that person knowingly enters or remains within a residence, including
a house trailer. For purposes of this section, in the case of a multi­unit
residential building or complex, "residence" shall only include the portion of
the building or complex which is the actual dwelling place of any person and
shall not include such places as common recreational areas or lobbies. (Ord.
1996­M­64 § 1.)

Whereas defined by virtue of; conspiracy to defeat enforcement of the laws: If

two or more persons in any State or Territory conspire for the purpose of
impeding, hindering, obstructing, or defeating, in any manner, the due course of
justice in any State or Territory, with intent to deny to any citizen the equal
protection of the laws, or to injure him or his property for lawfully enforcing,
or attempting to enforce, the right of any person, or class of persons, to the
equal protection of the laws, each of such persons shall be punished by a fine
of not less than five hundred nor more than five thousand dollars, or by
imprisonment, with or without hard labor, not less than six months nor more than
six years, or by both such fine and imprisonment. [See § § 1977­1991, 20042010,
5506­5510.1]

The Common­Law Act (Trust)

This Act may be cited as the Common­Law Act whereas defined by virtue of: That
the common­law of England, so far as the same is applicable and of a general

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nature, and all statutes or acts of the British parliament made in aid of, and
to supply the defects of the common­law, prior to the fourth year of James the
First, excepting the second section of the sixth chapter of 43d Elizabeth, the
eight chapter of 13th Elizabeth, and ninth chapter of 37th Henry Eighth, and
which are of a general nature and not local to that kingdom, shall be the rule
of decision, and shall be considered as of full force until repealed by
legislative authority. (Source: R.S. 1874, p. 269.)

Whereas defined by virtue of: "The Code is complimentary to the Common­Law, MUST
BE THE RULE OF DECISION, AND MUST BE CONSIDERED AS OF FULL FORCE, except where
displaced by the code. A statute should be construed in harmony with the Common­
Law, unless there is a clear legislative intent to abrogate the Common­
Law." U.C.C. 1­103.6 Defines how contract law must be in compliance with the
rules of the common­law providing there is made a knowing reservation of common­
law rights.