40

AntiShyster News Magazine Volume 11, No. 1 www.antishyster.com adask@gte.net 972-418-8993

Lots oI peopIe wInd up In traIIIc court at one tIme or another.
Most peopIe just pay theIr tIckets to avoId goIng there In the IIrst
pIace, most oI the rest wInd up payIng no matter what theIr deIense
mIght be. However, an obstInate Iew wIII brIng up theIr rIghts recog
nIzed by the ConstItutIon as a part oI theIr deIense - sometImes In
reIatIon to the actuaI charge, sometImes In reIatIon to the way the
court handIes the case ItseII.
My advIce!
Don`t bother brIngIng up the ConstItutIon In traIIIc court.
Why! ecause In my opInIon, the ConstItutIon Is IrreIevant. More
than once `ve heard peopIe teII storIes oI exasperated judges warn
Ing the "hoseees" appearIng In that court that II they mentIoned the
ConstItutIon one more tIme, they`d be Iound In contempt oI court.
How couId the ConstItutIon not be reIevant In a court, you ask!
WeII, II the case at hand was a matter oI Inw, and It InvoIved your
property, and you weren`t InvoIved In a star chamberJextortIon mIII
proceedIng, the ConstItutIon mIght be reIevant. UnIortunateIy Ior
you, traIIIc cases don`t InvoIve Iaw, It don`t InvoIve your property,
and when enterIng traIIIc court, you`ve stepped onto a conveyor beIt
desIgned and operated to part you Irom your money.
The astute observer wIII have notIced at Ieast two Issues In that
Iast statement that don`t jIbe wIth conventIonaI thought. AIIow me
to examIne them In a IIttIe detaII.
Are you sure it's your car?
The IIrst Issue Is whether thIs traIIIc IncIdent actuaIIy InvoIves
what you thnk Is your property - "your" car. ut are you sure It`s
your car!
You bought the car brand, spankIng new Irom your IocaI deaIer
and IInaIIy paId oII the bank note. What a nIce IeeIIng to get that
enveIope In the maII wIth that "CertIIIcate oI TItIe" marked "PAD."
Ahhhhhhhh . . . It`s MIIIer tIme!
ut beIore you get too comIortabIe and break out the potato
Dont bother bringing the Constitution to traffic court
Whose car is it?
by Agitarox@banet.net
AntiShyster News Magazine Volume 11, No. 1 www.antishyster.com adask@ gte.net 972-418-8993
41
chIps, Iet`s Iook at what happened over the Iast 48 months.
When you bought the car what dId you do! You wrote a check Ior
the down payment. When the car arrIved at the deaIer`s Iot, you wanted
to drIve It NOW so you Iet the deaIer tItIe It wIth the state. NaturaIIy,
sInce you stIII owe a Iot oI money on that car, the bank got the "Cer
tIIIcate oI TItIe" untII you paId oII the Ioan.
STOP. ThInk about what just happened.
What's a FRN?
FIrst, you cut a down payment check to be "paId" In FederaI Re
serve Notes. SInce started taIkIng about the ConstItutIon Iet`s ex
amIne what FRN`s are.
FIrst `II teII you what they aren`t. They aren`t money. They may
be "IegaI tender Ior aII debts pubIIc and prIvate" but they aren`t money.
Debts can onIy be nd wIth money; IawIuI money, I.e., goId and
sIIver coIns oI the unIted States oI AmerIca per T2 USC T52.
So you dIdn`t reaIIy PAY oII that Ioan, you mereIy dschnrged
that debt wIth a negotIabIe Instrument oI debt (FRNs). So you dIdn`t
reaIIy ny that debt, you mereIy dschnrged It.
I you dIdn`t reaIIy pay Ior "your" car, how can you cIaIm to own It!
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lt was your car . . . sort of . . .
The next thIng you dId was
Iet the deaIer "tItIe" your car sInce
you wanted to drIve that new car
oII the Iot NOW - not Iater.
What exactIy happens there!
The deaIer took the
ManuIacturer`s Statement oI OrI
gIn (MSO), whIch was the IIrst
pIece oI paper constItutIng IegaI
evIdence oI ownershIp oI the car
and gnve t to the stnte!
ThInk about that. Here you are, authorIzIng the deaIer to take
the onIy evIdence oI "ownershIp" assocIated wIth that car and donnte
It to the government.
What does the state gIve the deaIer In return Ior that document
oI ownershIp! They gIve hIm a "certIIIcate oI tItIe" - evIdence that a
"tItIe" exsts - but not the "tItIe" ItseII and not a document showIng
that you have the actuaI absoIute rIght, tItIe, and Interest In that car.
Huh! You got a pIece oI paper that has your name on It, THER
name on It, and the word "owner" Is next to your name. You own It,
rIght!
WRONNNNC!!!
The "cert]cnte oI tItIe" Is mereIy evdence that a tItIe exIsts. Some
one In the state government has sIgned a document that "certIIIes"
that a tItIe exIsts (somewhere). Hence, the document Is caIIed a
"Cert]cnte oI TItIe" rather than a "TItIe".
There are a dozen dIIIerent ways to IegaIIy deIIne "ownershIp"
but the one we`re concerned wIth here InvoIves the bare IegaI owner
42
AntiShyster News Magazine Volume 11, No. 1 www.antishyster.com adask@gte.net 972-418-8993
shIp In the Iorm oI a "possessory rIght."
You may have physIcaI ossesson oI the car but that doesn`t
necessarIIy mean you "own" It the way you thInk oI the concept oI
ownershIp.
What Is the true tItIe Ior that car! The "ManuIacturer`s Statement
oI OrIgIn" (the "MSO") - an actuaI attested IegaI document prepared
by the manuIacturer statIng that they created the car (manuIactured
It) and thereIore own It (untII they seII It).
The next owner can prove hIs true ownershIp oI the new car In Iaw by
possessIon oI the MSO nnd a bIII oI saIe. What was the document show
Ing ownershIp or "tItIe" oI the car durIng the tIme between when the
manuIacturer buIIt and owned It and the deaIer soId It to you! The MSO.
I the MSO Is onIy an IndIcatIon oI what type oI car It Is, what year
It was made, or other sundry descrIptIve InIormatIon, why wouId the
state be so concerned wIth receIvIng and RETANNC It!
I the MSO Is not the IegaI tItIe, why wouIdn`t sImpIy showIng the
MSO to the state suIIIce! Why Is the state so concerned that the
"CertIIIcate oI TItIe" be prInted on archIvaI grade, Iraud resIstant,
securItyIeatured document paper the kInd normaIIy reserved Ior
IegaI documents IIke stock certIIIcates, and tItIes to homes and Iand!
Why do they InsIst on the deIIvery and retenton oI the orgnnI
MSO! Why wouIdn`t a court certIIIed copy do! Or an oIIIcIaI notIce
Irom the manuIacturer! sn`t the poInt oI the MSO to sImpIy to show
that the car that was deIIvered to you was new and that you own It!
n Iact, II you march down to a court reporterJnotary pubIIcJjudge
wIth the deaIer and have the reporterJauthorIty certIIy under oath
that the MSO that you hoId Is the orIgInaI, have the deaIer aIIIrm
under oath In an aIIIdavIt that he deIIvered the orIgInaI MSO to you -
and you then brIng a courtcertIIIed copy oI that MSO to the Depart
ment oI Motor VehIcIes to "tItIe" It - they stIII won`t take It.
Why! ecause they need the orgnnI MSO to eIIect a transIer oI
actuaI tItIe to them, to the stnte. They then Issue you a "CertIIIcate oI
TItIe" whIch mereIy evIdences that a transIer took pIace, that an ac
tuaI tItIe does exIst, and that whIIe they hoId nctunI tItIe and there
Iore IegaI ownershIp oI they car, you have bare IegaI possessIon oI
the car. So who was It that reaIIy owns "your" car!
Your car goes into a trust
OK, so now the state owns your car. So what! WeII, here`s what.
What`s the IIrst thIng you Iet that deaIer do aIter he got "your" car
tItIed! He regIstered It.
What`s wrong wIth that! You have to understand how regIstra
tIon aIIects the status oI property and you have to understand the
concept oI trusts. A trust Is a sItuatIon where property Is heId by a
IegaI entIty Ior the "beneIIt" oI another. That property may or may
not be In the physIcaI possessIon oI a trustee oI the trust. No matter
who has physIcaI possessIon oI the property, It Is subject to the terms
oI the trust. Anyone havIng physIcaI possessIon oI trust assets has a
IIducIary duty to maIntaIn or Improve the assets oI that trust Ior the
beneIIt oI whoever hoIds Interest In the trust.
AntiShyster News Magazine Volume 11, No. 1 www.antishyster.com adask@ gte.net 972-418-8993
43
The terms oI a trust are Its "constItutIon." WhIIe the FederaI Con
stItutIon InvoIves Inw, the terms oI a trust InvoIve prIvate Iaw or
contract Iaw that wIII be IItIgated In courts oI equIty. (ncIdentaIIy,
who owns and operates the courts oI equIty! The same state that
owns IegaI tItIe to "your" car. ShouId we be surprIsed II the state`s
courts routIneIy ruIed In Iavor the state!)
What Is requIred to create a trust! Massachusetts Iaw Is probabIy
representatIve oI most state`s Iaw on trust creatIon. n Massachu
setts, there are three IegaI requIrements to create a trust:
T. A wrItten transIer oI the property to another "person" contaIn
Ing a descrIptIon oI the property.
2. The names oI at Ieast three partIes InvoIved
a. creatorJtransIeror oI the trust;
b. custodIaI trustee oI the trust;
c. beneIIcIary oI the trust.
3. An evIdencIng oI the creatIon oI a trust by a regIstratIon oI the
property.
Check It out. AccordIng to the Massachusetts CeneraI Laws,
2. UnIIorm CustodIaI Trust Act
T8:52 CeneraIIy; creatIon [T4 Mass ]ur DECEDENTS` ES
TATES AND TRUSTS]
A person may create a custodIaI trust oI property by a
wrItten transIer oI the property to another person, evIdenced
by regIstratIon or by other Instrument oI transIer, executed
In any IawIuI manner, namIng as beneIIcIary, an IndIvIduaI
who may be the transIeror, In whIch the transIeree Is desIg
nated, In substance, as custodIaI trustee. 95 [EmphasIs added]
I you read SectIon T8:52 careIuIIy you`II notIce two terms that
are easIIy mIsunderstood or overIooked: "person" and "IndIvIduaI."
The average person wouIdn`t dream that the meanIngs oI "person"
or "IndIvIduaI" couId IncIude "government," but the average person
wouId be WRONNNNNNC!!!
oth "person" and "IndIvIduaI" can be used to IdentIIy a IegaI
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44
AntiShyster News Magazine Volume 11, No. 1 www.antishyster.com adask@gte.net 972-418-8993
IIctIon such as corporate state government. Look them up In Inck`s
Inw Dctonnry to see what mean.
NotIce aIso that the crenton oI the trust Is "evIdenced by regs-
trnton" oI the property. What dId you do wIth that car aIter you gave
the tItIe to the state! You regstered It. y regsterng the car, you
eIIectIveIy created a trust whereIn the state owns IegaI tItIe to the car
and you mereIy retaIn equItabIe tItIe (possessIon).
The UnIIorm CustodIaI Trust Act contInues:
A person may create a custodIaI trust oI property by a
wrItten decIaratIon, evIdenced by regstrnton oI the prop
erty or by other Instrument oI decIaratIon executed In any
IawIuI manner, descrIbIng the property and namIng as ben
eIIcIary an IndIvIduaI other than the decIarant.
A regIstratIon or other decInrnton o] trust Ior the soIe ben
eIIt oI the decIarant wIII not constItute a custodIaI trust. 96
TItIe to custodIaI trustee property wIII be In the custodIaI
trustee and the beneIIcIaI Interest wIII be In the beneIIcIary. 97
Any person may augment exIstIng custodIaI trust prop
erty by the addItIon oI other property pursuant to the Act. 98
The UnIIorm CustodIaI Trust Act wIII not dIspIace or re
strIct other means oI creatIng trusts. A trust whose terms do
not conIorm to the Act may be enIorceabIe accordIng to Its
terms under other Iaw. 99 [EmphasIs added]
NotIce aIso thIs sectIon:
C. 20TC Sec. T. TransIer to Statutory CustodIanshIp
Trustee.
An aduIt person may, durIng hIs IIIetIme, transIer any prop
erty owned by hIm, In any manner otherwIse consIstent wIth
Iaw, to one or more named persons desIgnated, In substance,
as a "Statutory custodIanshIp trustee".
Such trnns]er shaII be suIIIcIent to create a trust upon
the terms set Iorth In thIs chapter as It Is In eIIect at the date
oI the transIer wthout nny ]urther trust nstrunent or desIg
natIon oI terms and wIthout appoIntment or quaIIIIcatIon by
any court, and shaII be compIete upon nccetnnce oI the trust
by the trustee or trustees manIIested In any Iorm. The trustee
or trustees shaII serve wIthout gIvIng bond or surety unIess
the transIeror by wrItten Instrument, or the probate court
upon the appIIcatIon oI any person Interested In the estate oI
the transIeror and upon good cause shown, shaII provIde Ior
a bond. AII transIers In trust under thIs chapter shaII be revo
cabIe by the transIeror at any tIme he has IegaI capacIty by a
wrItIng sIgned by hIm and deIIvered to the person, or II more
than one to any person servIng as trustee. [EmphasIs added]
Thus, It appears to me that aIter donatIng the tItIe (MSO) to "your"
car to the state, a "constructIve trust" Is created.
ut don`t take my word Ior It. Look up the exact deIInItIon oI
AntiShyster News Magazine Volume 11, No. 1 www.antishyster.com adask@ gte.net 972-418-8993
45
"constructIve trust" In a Iaw dIctIonary. You have unwIttIngIy suc
cumbed to the deceIt oI the manuIacturer, deaIer and state govern
ment and transIerred tItIe (MSO) to property you supposedIy owned
to the state or It`s agent. You then regstered the property whIch Is
aII that Is necessary to crente a trust. Remember that It says:
"A person may create a custodIaI trust oI property by a
wrItten decIaratIon, evIdenced by regstrnton oI the prop
erty or by other Instrument oI decIaratIon executed In any
IawIuI manner, descrIbIng the property and namIng as ben
eIIcIary an IndIvIduaI other than the decIarant."
Remember that regIstratIon wouIdn`t constItute the creatIon oI a
trust II the document onIy had your name on It. (See Item "96,"
above.) UsuaIIy, that "tItIe" and "regIstratIon" appIIcatIon and docu
ment have:
a) your name,
b) the name oI the state and motor vehIcIe agency representIng
the state you`re deaIIng wIth; and IInaIIy,
c) the sIgnature andJor seaI oI the head oI that agency.
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So there are the requIsIte
number oI entItIes or "person"(s)
named on the documents to cre
ate a trust.
You unknowIngIy created the
trust by transIerrIng IegaI tItIe -
but not ossesson (equItabIe tItIe)
- oI the property to the agency
head named on the "CertIIIcate oI
TItIe"J"RegIstratIon." UsuaIIy, thIs
person`s sIgnature or seaI Is In
cIuded on the document. Take a
Iook at yours and see.
The stateJDMV agency
names you as "owner" aIthough you onIy have "ownershIp" In the
Iorm oI bare IegaI possessIon oI the car. You don`t have aII rIght,
tItIe, and Interest In the car, just bare IegaI possessIon. As beneII
cIary to thIs autotrust, you are aIso pIaced In a IIducIary capacIty to
make sure that "your" car Is weIImaIntaIned and operated saIeIy under
the ruIes oI the ownerstate.
You go to court and . . .
So what happens when you get a tIcket Ior a deIectIve taII IIght!
You start whInIng that nobody was hurt and, under the ConstItutIon,
the common Iaw says that there has to be an Injured party and you
demand the state produce the Injured party!
Whereupon, the judge says "Shut up and don`t mentIon that Con
stItutIon agaIn or `II throw you In jaII Ior contempt!"
You`re scratchIng your head but the judge Is rIght. He`s enIorc
Ing the terms oI a constructIve trust that you heIped to create. Trusts
46
AntiShyster News Magazine Volume 11, No. 1 www.antishyster.com adask@gte.net 972-418-8993
are prIvate contractuaI agreements and operate outsIde oI the Iaw
and generaIIy have nothIng to do wIth the ConstItutIon. Thus, your
constItutIonaI deIense was IrreIevant.
You have a IIducIary duty to the ownerstate to keep that car In
tIptop shape and you screwed up when you Iet the taII IIght burn out
on the car the state has been kInd enough to Iet you use. t doesn`t
matter that nobody was hurt; and the judge wII toss your butt In the
can II you keep brIngIng up that damned common Iaw and ConstItu
tIon.
Homework
There`s one Iast thIng the sharper readers may have notIced. The
end oI C. 20TC Sec. T reads:
"AII transIers In trust under thIs chapter shaII be revo-
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cnbIe by the transIeror at
any tIme he has IegaI ca
pacIty by a wrItIng sIgned
by hIm and deIIvered to
the person, or II more
than one to any person
servIng as trustee."
Here`s today`s homework as
sIgnment. FIgure out T) what It
means to have "IegaI capacIty";
2) what It Is that you have to say
In that wrItIng; and 3) to whom
you have to present your IegaI "wrItIng".
HInt: Search Am ]ur 2.
I you couId Iearn how to revoke the transIers under the auto
trust to "your" car, you mIght be abIe to regaIn IegaI tItIe (and reaI
ownershIp) to "your" car.
There`s one other tactIc that mIght deIeat the judge`s sIIent ju
dIcIaI notIce and presumptIon oI trust. Let`s say you return your "Cer
tIIIcate oI TItIe" to the state aIong wIth your regIstratIon utIIIzIng the
Iorms prescrIbed Ior that purpose. (You can`t very weII cIaIm that you
own "your" car when you`re hoIdIng evIdence that the stnte owns In
your waIIet! n truth, the "CertIIIcate oI TItIe" and regIstratIon don`t
prove you do own "your" car, they prove you don`t.) What II you were
to then to pubIIsh a IegaI notIce, three tImes, over 3 consecutIve
weeks, In a newspaper oI wIde cIrcuIatIon In your area that Iooked
somethIng IIke thIs:
PartIes cIaImIng Interest In property(Ies): (T) T984: AMC: ]eep:
C]7: VN#: T23456789098765432T andJor (2) T987: Chev: Iazer: S
T0: VN#: T23456789098765432T must state Interest by March 30,
200T by repIyIng at ox T234, Any county News, Anytown, TA.
AccordIng to Inck`s Inw Dctonnry 6th edItIon.
The term "interest" means, but Is not IImIted to:
[T] an Instrument oI securIty by hypothecatIon,
AntiShyster News Magazine Volume 11, No. 1 www.antishyster.com adask@ gte.net 972-418-8993
47
[2] cIaIm: adverse, equItabIe,
IegaI, marketabIe,
[3] Interest: adverse, equI
tabIe, IegaI,
[4] ownershIp: adverse, equI
tabIe, IegaI, possessory,
[5] rIght: adverse, equItabIe,
IegaI, possessory,
[6] presumptIon by statute,
[7] subject by trust: construc
tIve, de son tort, exdeIIcto, ex
maIeIIcIo, ImpIIed, InvoIuntary,
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[8] tItIe: adverse, equItabIe, IegaI, marketabIe,
[9] Interest resuItIng by trust deIIned In Iaw: prIvate, pubIIc, n
ternatIonaI, FederaI, CeneraILaws oI the PeopIe`s RepubIIc oI
Taxachusetts, statute(s),
[T0] subject oI bankruptcy,
[TT] Interest by operatIon oI Iaw: prIvate, pubIIc , nternatIonaI, Fed
eraI, CeneraILaws oI the PeopIe`s RepubIIc oI Taxachusetts, statute(s),
[T2] IIen or encumbrance.
Then, II you were stopped Ior a tIcket, what wouId happen II you
motIoned a court Ior a decIaratory judgement statIng that by vIrtue oI
no cIaIms oI Interest beIng stated pursuant by your notIce, you have
absoIute rIght, tItIe, and Interest In those propertIes! Do you thInk
they`d submIt evIdence that they actuaIIy own "your" (and everyone
eIse`s) car to reIute your cIaIm oI
ownershIp! They mIght, but
wouId they!
A final note for those annoying
Constitutionalists
For aII oI those ConstItutIon
aIIsts who have the temerIty to
thInk they have a rIght to traveI
wIth theIr prIvate property wIthout
IIrst gettIng permIssIon Irom the
state, remember that the judge
aIways takes sIIent judIcIaI notIce
that you`re "drIvIng" one oI the
state`s cars - regardIess oI
whether the regIstratIon Is current
or even exIsts or whether you re
turned theIr "CertIIIcate oI TItIe."
UntII you regaIn the MSO or get
ther court to recognIze that "your"
car Is, In Iact and In theIr Iaw, yours
- you`re just whIstIIng "DIxIe."