Do Secured Party Creditor (SPC) Methods Work

Do Secured Party Creditor (SPC) Methods Work

A UCC Financing Statement (UCC-1) is a very mighty financial instrument indeed, but only when used for the right situation. Filing a lien on a trust one did not create and did not act as trustee for is inherently fraudulent – that is demanding a debt from an entity that owes one nothing. If the US government decided to issue a Social Security account number and thereby create a revocable living trust naming a person the beneficiary, that person has no grounds to file a lien on that trust. No commercial gain was had at their expense, even if the trust is identified based on the name of the cestui que trust, such as using one's name in all capital letters (e.g., JOHN WAYNE DOE).

I can create a thousand trusts, naming all of them based on the cestui que trust, and the beneficiaries don’t even have to be told they are beneficiaries for the trusts to be legally and lawfully enforceable. It happens all the time. People discover they inherited an estate from a distant relative and as long as they accept the benefit when it comes time to distribute the trust, the trust does what it was created to do. Beneficiaries are merely there to benefit, not to decide. Beneficiaries don’t need to be trusted by anyone to do anything because regardless of what they do, by virtue of the graciousness of the settlor or grantor, they stand only to benefit from the decisions of the people put in control of the trust— the trustees. Therefore, one who is a beneficiary, one who benefits from a trust created by the US government has no recourse to file a lien when he discovers he’s been made the beneficiary of a trust identified based on his name. There is not even a copyright violation because, generally, names alone are not intellectual property; the substance represented by the name is the intellectual property. A registered mark cannot be infringed upon in name alone, but the substance connected to the mark must also somehow be subjected to the infringement. I can call anything-ANYTHING as long as the substance is original, which is why we have different books by the same title.

To approach the commercial aspects of the creditor-debtor relationship, for instance with a 1099 Original Issue Discount (1099-OID), without understanding the pivotal role trust law plays in all this is useless. There is no room for a UCC-1 or even a 1099-OID. The simplest way to say it is that these are inadequate to fix the problem. A resignation, discharge of duty, disclaimer or rejection of beneficial interest are the only tools one needs to remedy any issue relating to holding an unwanted position in a trust. If one doesn’t want the duty then resign. If one doesn’t want the benefit then reject it.

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