Illegal takeover of Accotink and Farm
after I tried to expose the accounting at bk467p191
by posting http://www.canweconnectthedots.com
The CPA Joanne L. Barnes and the lawyer Edward J. White make money dissappear. Their signature cover is to divide and dismpower the family they victimize using a trusting family member to unwittingly make it appear as the family's fault. It appears to be the perfect cover. The establishment will not protect you. The only protection families have is to recognize the patterns before it's too late.
I am not the bad guy
I wrote the Judges on July 24, 2000, to try to stop the accounting fraudsters from preying on our family and assets. I was told my letter was inappropriate ex parte communication. The Commissioner of Accounts Jesse B. Wilson, III, closed my Trust account against my will. He closed it by sending a fraudulent version of my 12th Trust account to the Judges. I filed an Exceptions to the Commissioner's Report but it vanished after being received by the Court on August 23, 2000. The accounting at bk467p191 remains concealed as of today, December 7, 2016. http://www.book467page191money.com
"A CPA-lawyer fraud operation stole money from the Estate of Jean M. O'Connell. I would like to (1) find out how much money they stole, (2) recover the stolen money, and (3) free the real estate from their controlling accounting entanglements. Because they use an innocent family member to unwittingly carry out their agenda, the traditional paths of justice through the Court won't work. The direct intervention of a Judge is the last hope in the system. If you could (1) protect all the member's of Jean M. O'Connell's family from further damage, and (2) compel a 100% true and complete financial disclosure of her Estate, with one hard copy in my hands, you could expose an otherwise untouchable fraud operation."
I am made to appear as the bad guy.
I posted my website http://www.canweconnectthedots.com on March 30, 2012, to try to get the attention of a just power who would expose the accounting such as at bk467p191.com. I received retaliations. My farm in Highland County was illegally taken over using a covert lien. My livelihood, Accotink, the Trust property in Fairfax County, was illegally taken over using my trusting sister, Jean Nader, to sign a fraudulent Complaint.
I wrote the Judges on November 21, 2012, to question a Court Notice I received.
The 1992 Deed showing that I, as Trustee, own the Trust property in fee simple, which has been in the Court records since 1992, continues to be ignored. The accounting at bk467p191 remains concealed as of today, December 7, 2016. http://www.book467page191money.com
"The accusations in the summons and in the injunction are so blatantly false, and no evidence is provided to justify them, it's as if the law, the evidence, and accountability is not expected to be relevant...................... Would you please put everything on hold until all of the plaintiff’s issues can be identified and their evidence for their issues can be obtained? The known evidence I need before appearing in Court includes exposing the accounting trails in our Mother’s estate at Bk467p191."
(Above) This Order skips over exposing the accounting at bk467p191 and illegally removes me as Trustee. Why did 17 of my 18 responses to the Complaint vanish after being received by the Court on September 25, 2012, at 10:44 am?
(Above) The 1992 for Accotink shows that I, as Trustee, own the Trust property in fee simple.
(Above) The 1992 Deed has been in the Court records since 1992, continues to be ignored. I believe four of my seventeen responses that vanished after being received by the Court on September 25, 2012, at 10:44am, contained copies of this 1992 Deed.
Concealing the Deed for the property I am trying to sell stops me cold. Is against the law. Not recognizing the Deed for the Property I am trying to sell (Accotink), but not actually saying it's not recognized, and not saying why it should not be recognized, blocked me from selling Accotink. It locks Accotink up leaving me with no control. It left me paying the real estate taxes until I ran out of money. Please remember this when you judge the Complaint against me that says, in part
"15. Anthony is not willing or has determined he is unable to sell the Property due to a mistaken interpretation of events and transactions concerning the Property and, upon information and belief, the administration of his mother's estate. Anthony's position remains intractable, despite court rulings against him, professional advice, and independent evidence. As a result, Anthony is unable to effectively deal with third parties and the other beneficiaries of the Land Trust.
16. In 2007, Anthony received a reasonable offer from a potential buyer to purchase the Property. Upon information and belief, Anthony became convinced of a title defect with the Property that, in his opinion, was an impediment to the sale of the Property. A title commitment issued by Stewart Title and Escrow on April 24, 2007, attached hereto as Exhibit C, did not persuade Anthony that he, as the trustee of the Land Trust, had the power to convey the Property. Because of this and other difficulties created by Anthony, the Property was not sold
(Anthony O'Connell's, comment:
The 2007 title commitment, the Complaint's Exhibit C, would make the Trustee individually liable. The 1992 Trust Agreement and the 1992 Trust Deed state that the Trustee is not individually liable.
Exhibit C, Schedule B - Section 1, item 7, states:
"Proper insstrument(s) creating the estate or interest to be insured must be executed, delivered and duly filed for record, to wit:
A. Deed from ANTHONY MINER OCONNELL, TRUSTEE, and ANTHONY MINER O'CONNELL, INDIVIDUALLY (and spouse(s), if any; marital status to be recited), to LONG BRANCH PARTNERS L.L.C., vesting fee simple title to the subject property."
The 1992 Agreement states, in part:
"8. Trustee Not Individually Liable: Indemnification and
Reimbursement of Trustee by the Beneficiaries.
8.01. The Trustee, in such capacity, shall have no
individual liability or obligation whatsoever arising from holding
the legal record title to the Property pursuant to the provisions
hereof or any act on taken by the Trustee with respect to the
Property except as a result of Trustee's gross negligence or
willful misconduct, or with respect to any act done or contract
entered into or indebtedness incurred by the Beneficiaries, and the
Beneficiaries shall indemnify, defend and hold· Trustee harmless
from any such liability and obligations. Any instrument required
to be executed by Trustee with respect to the Property, including
but not 1imi ted to deeds, deed of trust or mortgages, shall
expressly state that the Trustee has joined in such instrument
solely in the capacity as Trustee and will have no personal
liability or obligation thereunder for performance of any covenants
thereof or for payment of any indebtedness or other sums evidenced
or secured thereby."
The 1992 Deed states:
"1992.10.16 (Trust Deed at bk8307p1446)
"DEED IN TRUST UNDER LAND TRUST AGREEMENT
THIS DEED IN TRUST UNDER LAND TRUST AGREEMENT, made this 16th day of October, 1992 by and between JEAN MARY O’CONNELL NADER and HOWARD NADER, husband and wife, SHEILA ANN O' CONNELL and PIERRE SHEVENELL, husband and wife, ANTHONY MINER O’CONNELL, divorced and not remarried, and ANTHONY MINER O’CONNELL, Trustee Under the Last Will and Testament of Harold A. O’Connell (collectively, “Grantors"); and ANTHONY MINER O’CONNELL, Trustee, of Fairfax County, Virginia (hereinafter sometimes collectively referred to as "Trustees" or "Grantees"):
W I T N E S S E T H:
That Grantors for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, do hereby grant and convey to the Grantees as trustees the hereinafter described parcel of real estate, situate and being in Fairfax County, Virginia, and being more particularly described on the attached and incorporated EXHIBIT A- ("Property").
TO HAVE AND TO HOLD the Property in fee simple, with the appurtenances thereunto belonging, upon the trusts and for the uses and purposes set forth herein and in that certain Land Trust Agreement dated as of 16th day of October 1992, which is incorporated herein by this reference.
Full power and authority is hereby granted to the Trustee and their successors and assigns to protect and conserve the property; to sell, contract to sell and grant options to purchase the Property and any right, title or interest therein on any terms; to exchange the Property or any part thereof for any other real or personal property upon any terms; to convey the Property by deed or other conveyance to any grantee, with or without consideration; to mortgage, pledge or otherwise encumber the Property or any part there of; to lease, contract to lease, grant options to lease and renew, extend, amend and otherwise modify leases on the Property or any part thereof from time to time, for any period of time, for and rental and upon any other terms and conditions; and to release, convey or assign any other right, title or interest whatsoever in the Property or any part there of.
No party dealing with the Trustee in relation to the Property in any manner whatsoever, and (without limiting the foregoing) no party to whom the Property or any part there of or any interest there in shall be conveyed, contracted to be sold , leased or mortgaged by the Trustee, shall be obliged (a) to see to the application of any purchase money, rent or money borrowed or otherwise advanced on the Property, (b) to see that the terms of this trust have been complied with, (c) to inquire into the authority, necessity of expediency of any act of any Trustee, or (d) be privileged to inquire in to any of the terms of the Trust Agreement. Every deed, mortgage, 1ease or other instrument executed by the Trustee in relation to the Property shall be conclusive evidence in favor of every person claiming and right, title or interest thereunder; (a) that at the time of the delivery thereof this trust was in full force and effect, (b) that such instrument was executed in accordance with the trusts, terms and conditions hereof and of the Trust Agreement and is binding upon all beneficiaries thereunder, (c) that the Trustee was duly authorized and empowered t o execute and deliver every such instrument, and (d) if a conveyance has been made to a successor or successors in trust, that such successor or successors have been properly appointed and are fully vested with all the title, estate, rights, powers, duties and obligations of his, its or their predecessor in trust.
The Trustee shall have no individual liability or obligation whatsoever arising from his ownership, as trustee, of the legal title to said property, or with respect to any act done or contract entered into or indebtedness incurred by him in dealing with said property, or in otherwise acting as such trustee, except only so far as said Trust Property and any trust funds in the actual possession of the Trustee shall be applicable to the payment and discharge there of.
The interest of every beneficiary hereunder and under the Trust Agreement and of all persons claiming under any of them shall be only in the earnings, avails and proceeds a rising from the rental, sale or other disposition of the Property. Such interest is hereby declared t o be personal property, and no beneficiary hereunder shall have any right , title or interest, legal or equitable, in or to the Property, as ' such, but only in the earnings, avails and proceeds there of as provided in the Trust Agreement.
This deed is governed by and is to be read and construed with reference t o Section 55-17.1, Code of Virginia (1950 as amended) and now in force.
Except as here in after noted, the Grantors covenant that they have the right to convey the Property to the Trustee, that Grantors have done no act to encumber the Property, that the Trustees shall have quiet possession of the Property, free from all encumbrances, and that Grantors will execute such further assurances of the Property as may be requisite.
Howard Nader and Pierre Shevenell join in this Deed in Trust Under Land Trust Agreement for the sole purpose of consenting to the conveyance of the Property, and hereby forever convey, release and waive any marital rights or right to claim an elective share in such Property as part of their spouses' augmented estate pursuant to Code of Virginia, Section 64.1-13, et seq., as amended, and give no covenant or warranty of title to the property hereby conveyed.")
"17. Since 2007, it appears the only effort put forth by Anthony to sell the Property has been to post it for sale on a website he created, www.alexandriavirginial5acres.com."
"21. In May 20 12, Jean, through her counsel, wrote a letter to Anthony requesting that he cooperate with a plan to sell the Property or resign as trustee. To date, Anthony has not expressed a willingness to do either, and still maintains that the alleged title defect and other "entanglements" must be resolved before any action can be taken towards a sale of the Property."
"24. Anthony has breached his fiduciary duties by his unreasonable, misguided, and imprudent actions, including but not limited to, his failure to sell the Property and non-payment of the real estate taxes on the Property."
"25. The breaches of duty by Anthony constitute good cause for his removal as trustee of the Land Trust."
"WHEREFORE, Plaintiff Jean Mary O'Connell Nader prays for the following relief:
"A. That the Court remove Anthony Minor O'Connell as trustee under the Land Trust Agreement dated October 16, 1992, pursuant to 26-48 of the Code of Virginia (1950, as amended);
B. That all fees payable to Anthony Minor O'Connell under the terms of the aforesaid Land Trust Agreement, including but not limited to, the trustee's compensation under paragraph 9.01, and all interest on advancements by the trustee to the trust for payment of real estate taxes pursuant to paragraph 9.03, be disallowed and deemed forfeited;
C. That all costs incurred by Plaintiff Jean Mary O'Connell Nader in this action, including reasonable attorneys' fees, be paid by the Land Trust; and
D. For all such further relief as this Court deems reasonable and proper.
"32. It is in the best interests of the beneficiaries of the Harold Trust that, upon the sale of the Property, the net sale proceeds be distributed in an orderly and expedient manner. Based on Anthony's actions, he is not the proper individual to fulfill the trustee's duties in administering the Harold Trust.
33. The removal of Anthony as trustee best serves the interests of the beneficiaries of the Harold Trust."