[00:00.000 --> 00:05.000]  This news brief brought to you by the International News Net.
[00:05.000 --> 00:10.000]  Afghan villages in Helmand province say at least nine civilians, three of them children,
[00:10.000 --> 00:13.000]  were killed Wednesday by NATO rockets.
[00:13.000 --> 00:16.000]  Protesters from the village marched bodies in tow,
[00:16.000 --> 00:21.000]  chanting death to the governor and down with the government and United States.
[00:21.000 --> 00:25.000]  Former Afghan presidential challenger Abdullah Abdullah said Wednesday
[00:25.000 --> 00:29.000]  the decision to keep Karzai in office had no basis in law,
[00:29.000 --> 00:33.000]  saying a government which comes to power without the people's support
[00:33.000 --> 00:38.000]  cannot fight terrorism, unemployment, poverty and hundreds of other problems.
[00:38.000 --> 00:44.000]  A Taliban Pakistan spokesman said Wednesday his group is making a series of tactical retreats
[00:44.000 --> 00:49.000]  inside South Waziristan and is attempting to avoid large-scale engagements
[00:49.000 --> 00:59.000]  until the first heavy snowfall of the year, likely in the next few weeks, effectively ends fighting.
[00:59.000 --> 01:05.000]  More than three-quarters of the nation's 17 to 24-year-olds couldn't serve in the military
[01:05.000 --> 01:07.000]  even if they wanted to.
[01:07.000 --> 01:14.000]  They're too fat, too sickly, too dumb, have too many kids or have copped to using illegal drugs.
[01:14.000 --> 01:20.000]  Kurt Gilroy, the Pentagon's director of accession, says kids are just not able to do push-ups,
[01:20.000 --> 01:23.000]  they can't do pull-ups and they can't run.
[01:23.000 --> 01:30.000]  23% of 18 to 34-year-olds are now obese, up from 6% in 1987.
[01:30.000 --> 01:37.000]  The group of potential enlistees is further slimmed by the propensity to serve among American youths,
[01:37.000 --> 01:40.000]  which social scientists say is also declining.
[01:40.000 --> 01:48.000]  According to Gilroy, research shows only 12% of military eligible youth show an interest in military service.
[01:48.000 --> 01:52.000]  Thanks to the economy, the military has just had a big recruiting year.
[01:52.000 --> 01:56.000]  But as the economy improves and the war in Afghanistan drags on,
[01:56.000 --> 02:06.000]  it's going to be tough to rely on such a tiny sliver of American youth to maintain an all-volunteer force.
[02:06.000 --> 02:10.000]  The Patriot Act rushed into law during the anthrax attacks,
[02:10.000 --> 02:15.000]  gave the government broad surveillance powers to spy on innocent citizens.
[02:15.000 --> 02:21.000]  But the act also stipulated that three of its more controversial provisions should expire next month,
[02:21.000 --> 02:24.000]  unless re-approved by lawmakers.
[02:24.000 --> 02:29.000]  And it appears re-approval may be about to happen with a green light from the Obama administration
[02:29.000 --> 02:34.000]  and over strong objections from human rights and civil liberties groups.
[02:34.000 --> 02:40.000]  Last week, the Senate Judiciary Committee passed the USA Patriot Act Extension Act.
[02:40.000 --> 02:45.000]  The bill makes only minor changes to the original act and was further watered down
[02:45.000 --> 02:49.000]  by amendments adopted during the committee's deliberations.
[02:49.000 --> 02:54.000]  The ACLU said, the Senate Judiciary Committee failed to rein in a bill
[02:54.000 --> 02:59.000]  that has become a symbol of out-of-control government invasions of your privacy.
[02:59.000 --> 03:09.000]  You are listening to the Rule of Law Radio Network at ruleoflawradio.com.
[03:09.000 --> 03:36.000]  Live free speech talk radio at its best.
[03:36.000 --> 03:39.000]  You tell me, what you gonna do?
[03:39.000 --> 03:44.000]  What you gonna do?
[03:44.000 --> 03:47.000]  Bad boys, bad boys, what you gonna do?
[03:47.000 --> 03:50.000]  What you gonna do when they come for you?
[03:50.000 --> 03:53.000]  Bad boys, bad boys, what you gonna do?
[03:53.000 --> 03:56.000]  What you gonna do when they come for you?
[03:56.000 --> 03:58.000]  When you were eight and you had bad dreams,
[03:58.000 --> 04:01.000]  you'd go to school and learn the golden rule.
[04:01.000 --> 04:04.000]  So why are you acting like a bloody fool?
[04:04.000 --> 04:06.000]  You get kicked up in your máscara, that's cool.
[04:06.000 --> 04:09.000]  Bad boys, bad boys, what you gonna do?
[04:09.000 --> 04:13.000]  What you gonna do when they come for you?
[04:13.000 --> 04:15.000]  Bad boys, bad boys, what you gonna do?
[04:15.000 --> 04:18.000]  What you gonna do when they come for you?
[04:18.000 --> 04:20.000]  You chuck it on that one, you chuck it on this one,
[04:20.000 --> 04:23.000]  you chuck it on your mother and you chuck it on your father.
[04:23.000 --> 04:26.000]  You chuck it on your brother and you chuck it on your sister.
[04:26.000 --> 04:29.000]  You chuck it on that one and you chuck it on me.
[04:29.000 --> 04:31.000]  Bad boys, bad boys, bad boys, what you gonna do?
[04:31.000 --> 04:32.000]  All right.
[04:32.000 --> 04:36.000]  What are you going to do when we come for you?
[04:36.000 --> 04:41.000]  This is the rule of law, Randy Kelton and Deborah Stevens.
[04:41.000 --> 04:44.000]  Tonight we have Randy Raylor on as our guest.
[04:44.000 --> 04:50.000]  We're going to be talking about the mortgage industry, where we're coming from, where it's headed,
[04:50.000 --> 04:54.000]  and what we can do to help people that are in trouble.
[04:54.000 --> 05:02.000]  Randy Kelton has just launched his new website to do forensic mortgage analysis
[05:02.000 --> 05:07.000]  and prepare lawsuits for folks, whether you're in trouble with your mortgage or not.
[05:07.000 --> 05:11.000]  That's forensicfraudfinder.com.
[05:11.000 --> 05:17.000]  I will be posting a link to that this week on theruleoflawradio.com.
[05:17.000 --> 05:23.000]  So Randy, Randy Kelton, Randy Raylor, thanks for joining us tonight.
[05:23.000 --> 05:27.000]  Hello all, this is Randy, and I'm here with Randy.
[05:27.000 --> 05:31.000]  I hope this doesn't get too confusing.
[05:31.000 --> 05:36.000]  I've been researching the mortgage industry for a while now,
[05:36.000 --> 05:42.000]  and during the show I've received a lot of input on the trouble in the mortgage industry,
[05:42.000 --> 05:48.000]  and that led me to look at putting together some sort of remedy.
[05:48.000 --> 05:55.000]  And that's precisely what we've put together is a, we'll do an analysis of a loan,
[05:55.000 --> 06:00.000]  and most of these analysis companies give you this little booklet
[06:00.000 --> 06:03.000]  that tells you all the things that's wrong with your note.
[06:03.000 --> 06:06.000]  Wow, now what?
[06:06.000 --> 06:09.000]  So what we're providing is the now what?
[06:09.000 --> 06:16.000]  And I wanted Randy Raylor, he's been a real estate agent in Austin area for quite a while.
[06:16.000 --> 06:23.000]  Randy, can you kind of give us a rundown on the condition of the mortgage industry today?
[06:23.000 --> 06:28.000]  Well, Randy, the deal is that, you know, there was a period of time not too long ago
[06:28.000 --> 06:34.000]  when anybody that could breathe and fog a mirror could get a loan,
[06:34.000 --> 06:37.000]  and they were pushing them on everybody.
[06:37.000 --> 06:39.000]  There was a great push.
[06:39.000 --> 06:46.000]  I remember having a countrywide representative come into a meeting that we had,
[06:46.000 --> 06:49.000]  and they basically told us that, you know,
[06:49.000 --> 06:53.000]  they would make a loan to anyone who wasn't a U.S. citizen,
[06:53.000 --> 06:59.000]  provided that, you know, they could just basically make an X on the line,
[06:59.000 --> 07:02.000]  which I thought was very interesting.
[07:02.000 --> 07:08.000]  This was right after the mortgage subprime started blowing up on them.
[07:08.000 --> 07:13.000]  And what's kind of come about is that the requirements keep getting tighter and tighter.
[07:13.000 --> 07:16.000]  It's more difficult to get loans.
[07:16.000 --> 07:24.000]  But the problems that we see are still there because of the, you know, the owners' regulation.
[07:24.000 --> 07:30.000]  The ones that try and do it right have just as much trouble as the ones who try and do it wrong.
[07:30.000 --> 07:32.000]  And it's just a big mess.
[07:32.000 --> 07:37.000]  And for the consumer that's been kind of caught in the middle of this
[07:37.000 --> 07:40.000]  because now that we've got the economic downturn,
[07:40.000 --> 07:45.000]  it's developing into a situation of what do I do to stay in my home?
[07:45.000 --> 07:50.000]  And so, you know, we're seeing it on both sides, people that have to sell a house,
[07:50.000 --> 07:54.000]  the lenders don't want to work with them on these short sales.
[07:54.000 --> 07:59.000]  You can get all the way to the closing table, and the bank will pull the deal.
[07:59.000 --> 08:03.000]  And so they're now stuck with a foreclosure.
[08:03.000 --> 08:06.000]  Or on the other side of it, somebody wants to buy a house,
[08:06.000 --> 08:09.000]  and they're having trouble getting the financing just because of, you know,
[08:09.000 --> 08:16.000]  the tightening of the regulations and the excess government requirements
[08:16.000 --> 08:21.000]  that are coming down from the Fed, basically.
[08:21.000 --> 08:27.000]  And so, you know, it's just a really interesting but not good situation.
[08:27.000 --> 08:31.000]  It's just getting worse and worse and worse and more troublesome.
[08:31.000 --> 08:32.000]  And there are good lenders out there.
[08:32.000 --> 08:33.000]  Don't get me wrong.
[08:33.000 --> 08:36.000]  I know a few, and they really do try and do it right,
[08:36.000 --> 08:40.000]  but even they seem to make a few mistakes here and there just because there are
[08:40.000 --> 08:46.000]  so many things and so many I's and T's that they've got to cross and dot.
[08:46.000 --> 08:51.000]  Well, you were talking earlier about, we were talking about the short sales
[08:51.000 --> 08:58.000]  and how the lender would lead you along toward the short sale
[08:58.000 --> 09:02.000]  and then screw it and then just blow it off right at the end.
[09:02.000 --> 09:09.000]  Why would a lender rather foreclose than short sale?
[09:09.000 --> 09:16.000]  You know, I'm not really sure what their motivation is.
[09:16.000 --> 09:25.000]  They just tend to do things in a short-sighted manner, and I'm not sure why.
[09:25.000 --> 09:28.000]  A lot of times what they'll do is, you know,
[09:28.000 --> 09:33.000]  one of the most common practices is that the realtor who's doing the listing
[09:33.000 --> 09:40.000]  for the homeowner that's doing a short sale is in a really precarious predicament
[09:40.000 --> 09:42.000]  because he's got this listing out there,
[09:42.000 --> 09:46.000]  and typically he's offering 3% to the buyer's agent to, you know,
[09:46.000 --> 09:51.000]  facilitate getting other realtors to show the property and sell it.
[09:51.000 --> 09:56.000]  And then on a short sale, it's going to take 60, 90 days to get these things closed.
[09:56.000 --> 09:59.000]  And almost every time the lenders will come back in
[09:59.000 --> 10:02.000]  and they'll try and short the broker's commission.
[10:02.000 --> 10:05.000]  So what happens is the listing agent,
[10:05.000 --> 10:09.000]  who's offered, say, a 3% commission to the buyer's agent,
[10:09.000 --> 10:14.000]  is in a real pickle because now his commission's been cut by a third party
[10:14.000 --> 10:18.000]  that's not a party to the contract for the listing.
[10:18.000 --> 10:22.000]  And so what he has to end up doing is go to the buyer's agent half the time
[10:22.000 --> 10:26.000]  and say, hey, you know, they cut the commission, would you take less?
[10:26.000 --> 10:31.000]  The problem he's got is that he's still liable for the whole thing.
[10:31.000 --> 10:35.000]  And if, you know, push comes to shove, he's going to have to cough up the difference
[10:35.000 --> 10:38.000]  even though he didn't get paid.
[10:38.000 --> 10:41.000]  And that's a big deal.
[10:41.000 --> 10:45.000]  And so the banks pull all these gains, and, you know, it's not a ton of money,
[10:45.000 --> 10:50.000]  but it's enough money that it causes real problems.
[10:50.000 --> 10:54.000]  And then, of course, the sellers themselves are just in a real bind
[10:54.000 --> 10:57.000]  because they're really out of control.
[10:57.000 --> 11:03.000]  They usually don't have a job or something catastrophic has gone wrong,
[11:03.000 --> 11:08.000]  and they're just trying to, you know, get by and stay afloat.
[11:08.000 --> 11:11.000]  And then these lenders, they just basically do what they want.
[11:11.000 --> 11:18.000]  And the problem is that nobody knows what they're going to do,
[11:18.000 --> 11:20.000]  when they're going to act, or if they'll just pull the deal.
[11:20.000 --> 11:26.000]  And it's just very frustrating on all the parties involved.
[11:26.000 --> 11:33.000]  Well, what I don't understand is they can't be doing this just for the heck of it.
[11:33.000 --> 11:39.000]  From what you're saying, it sounds like they're going through the motions
[11:39.000 --> 11:44.000]  as if they're trying to put on a show of trying to find a way
[11:44.000 --> 11:48.000]  to keep this person in the home, but they don't really want to,
[11:48.000 --> 11:51.000]  so they screw it up right there at the end.
[11:51.000 --> 11:58.000]  Well, yeah, I mean, you would think, honestly, that the best course of action for them,
[11:58.000 --> 12:06.000]  in most cases, would be to somehow do a workout with the borrower to keep them in the home,
[12:06.000 --> 12:09.000]  paying something and keep it going,
[12:09.000 --> 12:13.000]  especially when you have a large portfolio of these going under.
[12:13.000 --> 12:17.000]  But for whatever reason, they don't seem to operate in that fashion.
[12:17.000 --> 12:22.000]  And once they get them back, then these things sit on their books,
[12:22.000 --> 12:29.000]  and they're usually vacant, they're usually torn up to some greater or lesser degree.
[12:29.000 --> 12:35.000]  And then their incentives when they sell them is interesting as well.
[12:35.000 --> 12:39.000]  They have basically a formula that they follow on pricing.
[12:39.000 --> 12:46.000]  But getting back to the short-sale side of it, it's very unusual the way they handle it.
[12:46.000 --> 12:49.000]  In other words, I've been in the business a long time.
[12:49.000 --> 12:55.000]  I would not mean that the way that they handle these things would be the way that you would do it.
[12:55.000 --> 13:02.000]  I just don't understand their mentality and philosophy of why they do this the way they do it.
[13:02.000 --> 13:05.000]  It makes no sense from a business practices standpoint.
[13:05.000 --> 13:12.000]  It seems to me that they create more problems for themselves than they solve.
[13:12.000 --> 13:19.000]  I can't help but think that they have some other agenda that you're not aware of,
[13:19.000 --> 13:21.000]  that they're not releasing,
[13:21.000 --> 13:30.000]  because surely these guys are not going to deliberately make their lives more miserable for themselves without some reason.
[13:30.000 --> 13:32.000]  Well, I think you may be right.
[13:32.000 --> 13:36.000]  The people you're dealing with in the loss mitigation,
[13:36.000 --> 13:42.000]  they're just following a set of policies and procedures that the institution has given them.
[13:42.000 --> 13:46.000]  And so they're just doing what they're told.
[13:46.000 --> 13:53.000]  And so I've never gotten any real good feedback as to why they do the things that they do.
[13:53.000 --> 14:00.000]  All of us that get involved in it and look at it kind of scratch our heads,
[14:00.000 --> 14:04.000]  because we don't understand why you would handle it in a certain way.
[14:04.000 --> 14:09.000]  I mean, I could understand it maybe if this was an uncommon thing and it didn't happen a lot,
[14:09.000 --> 14:12.000]  but right now you've got a lot of this going on.
[14:12.000 --> 14:18.000]  And you would think you wouldn't want to have all these REOs on your books because they basically are a liability.
[14:18.000 --> 14:27.000]  And you would think that you would just want to have some – at some point I guess you would foreclose.
[14:27.000 --> 14:32.000]  But if you could get them to pay something and it was a certain amount,
[14:32.000 --> 14:34.000]  a percentage of what the original payment was,
[14:34.000 --> 14:40.000]  you would think that that would be a better option for them to do that and to go ahead and foreclose the whole thing.
[14:40.000 --> 14:50.000]  Well, what about the factoring that they've done where they put out these loans and they only have to hold a 10 percent reserve?
[14:50.000 --> 15:00.000]  How does a foreclosure affect their reserve?
[15:00.000 --> 15:05.000]  That is an interesting question,
[15:05.000 --> 15:12.000]  but I think most of the time that you're dealing with a servicing agent in these situations
[15:12.000 --> 15:17.000]  and you're not dealing with the underlying polder and decorse.
[15:17.000 --> 15:25.000]  I think these things have been put in trances and have been sold to investor groups in large, large poolings.
[15:25.000 --> 15:37.000]  And so the requirements, say, of a lender that's staying in the Fed system is not really there.
[15:37.000 --> 15:47.000]  Okay, then, if we're dealing with – not with the mortgage company, but with a servicer,
[15:47.000 --> 15:54.000]  the way I understand it, the servicer makes money on the foreclosure.
[15:54.000 --> 15:59.000]  He doesn't make money if you pay your bills on time or he doesn't make extra money.
[15:59.000 --> 16:04.000]  Any late fees that you have, he keeps.
[16:04.000 --> 16:08.000]  And the cost of foreclosure, he gets paid back.
[16:08.000 --> 16:18.000]  But if you just pay your bills regular, he just gets the money and gives it to whoever owns the security, and he gets a small piece.
[16:18.000 --> 16:25.000]  It appears as though if he writes a bad loan, he makes more profit on the front end,
[16:25.000 --> 16:30.000]  and then when it fails, he makes profit foreclosing on the back end.
[16:30.000 --> 16:34.000]  That's probably true.
[16:34.000 --> 16:36.000]  Defrauding both sides.
[16:36.000 --> 16:38.000]  Okay, listen, we're going to break, guys.
[16:38.000 --> 16:42.000]  We'll pick this up on the other side.
[16:42.000 --> 16:45.000]  Are you all ready to take calls or do you all want to discuss this a little bit more?
[16:45.000 --> 16:47.000]  Yeah, if we have any calls up, absolutely.
[16:47.000 --> 17:00.000]  Okay, callers, if you'd like to call in 512-646-1984, we will be right back.
[17:00.000 --> 17:04.000]  You feel tired when talking about important topics like money and politics?
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[18:28.000 --> 18:35.000]  the
[18:35.000 --> 18:42.000]  the
[18:42.000 --> 18:49.000]  the
[18:49.000 --> 18:56.000]  the
[18:56.000 --> 19:01.000]  They don't have the answer.
[19:01.000 --> 19:06.000]  And the arts were questioned.
[19:06.000 --> 19:11.000]  And they don't have the answer.
[19:11.000 --> 19:18.000]  Here and here, they may tear you, they may tear me, Lord, they may tear the country.
[19:18.000 --> 19:23.000]  Here and here, they may tear me, they may tear you, and they may tear the country.
[19:23.000 --> 19:28.000]  They may tear up the constitution, they may rip it in three, they may give a damn about it.
[19:28.000 --> 19:33.000]  They may free this country, they may lead we, they may lead we.
[19:33.000 --> 19:38.000]  Like we're blind and we're crazy, they may lead us with destruction.
[19:38.000 --> 19:43.000]  Nuclear weapons and big guns, they may point at the country.
[19:43.000 --> 19:48.000]  Here and here, they may tear you, they may tear me, Lord, they may tear the country.
[19:48.000 --> 19:53.000]  Here and here, they may tear you, they may tear me, Lord, they may tear the country.
[19:53.000 --> 19:58.000]  And the arts were questioned.
[19:58.000 --> 20:03.000]  They don't have the answer.
[20:03.000 --> 20:08.000]  And the arts were questioned.
[20:08.000 --> 20:13.000]  They don't have the answer.
[20:13.000 --> 20:18.000]  And the arts were questioned.
[20:18.000 --> 20:23.000]  They don't have the answer.
[20:23.000 --> 20:32.000]  Okay, tyranny, they may tear you, they may tear me, they may tear up the whole country if we don't do something to stop it.
[20:32.000 --> 20:40.000]  Okay, before we went to break, we were discussing why these mortgage companies would rather foreclose and work things out.
[20:40.000 --> 20:43.000]  So Randy, what do you have to say about that?
[20:43.000 --> 20:55.000]  Yes, in studying what's going on, it appears as though the servicer, I don't want to call them the mortgage company, that's what they appear to be,
[20:55.000 --> 21:05.000]  that's what they start out as, but they stop being the mortgage company very quickly because they get a large loan from a large bank,
[21:05.000 --> 21:13.000]  convert that loan into 20 and 30-year mortgages, but have to pay the loan back rather quickly, six, nine months.
[21:13.000 --> 21:21.000]  So they convert the loans and then they sell the security instrument to an investment pool.
[21:21.000 --> 21:25.000]  They get paid, they get their money on the front end.
[21:25.000 --> 21:36.000]  Well, the majority of all of the mortgages written are really good loans because especially now with the aging baby boomers,
[21:36.000 --> 21:42.000]  we've owned houses for a long time. Mine, for instance, is completely paid off.
[21:42.000 --> 21:52.000]  And if I wanted to get an equity loan against it, I'm a real good bet because I own the house outright.
[21:52.000 --> 22:00.000]  And people who have lived in a house for 20 years and been paying on it, they want to upgrade, they sell the house,
[22:00.000 --> 22:09.000]  use the income from the sale of the house as a down payment in another, so they have a lot of equity.
[22:09.000 --> 22:15.000]  It's a real good stable loan, nice low interest.
[22:15.000 --> 22:20.000]  However, the agent doesn't make much on that one.
[22:20.000 --> 22:31.000]  What he makes the money on are the high risk, high interest, higher amounts where he finances the whole loan.
[22:31.000 --> 22:40.000]  And in the mid-80s and early 90s, under the guise of making homes available to the poor,
[22:40.000 --> 22:46.000]  the government essentially unleashed the bankers on us.
[22:46.000 --> 22:52.000]  Separate pieces of legislation loosened the restrictions on the bankers to the point
[22:52.000 --> 22:56.000]  that they could write any kind of loan they wanted to to anyone.
[22:56.000 --> 23:03.000]  Now, we spent 200 years developing a system that would protect the unsophisticated
[23:03.000 --> 23:14.000]  from getting into situations that they would eventually wind up causing them to fail or default.
[23:14.000 --> 23:18.000]  We had all of those protections in place.
[23:18.000 --> 23:24.000]  The government removed them under the guise of making homes available to the poor,
[23:24.000 --> 23:29.000]  but what they actually did was enslave the poor.
[23:29.000 --> 23:35.000]  Because now you get talked into buying a house you can't afford, and they say, oh, don't worry about it, don't worry about it.
[23:35.000 --> 23:40.000]  Prices are going up, but you buy it for $100,000 today, next week you'll be worth $120,000.
[23:40.000 --> 23:43.000]  You'll have $20,000 in equity.
[23:43.000 --> 23:50.000]  A year from now it'll have so much equity in it that you can refinance it and get a loan for next to nothing.
[23:50.000 --> 23:54.000]  They used this crapola to convince people to buy houses.
[23:54.000 --> 24:00.000]  People that were in houses had good loans and convinced them to sell that house,
[24:00.000 --> 24:05.000]  buy a more expensive house or take a lot of money out on the equity
[24:05.000 --> 24:12.000]  because the prices are rising so much that they'd get all that equity back shortly.
[24:12.000 --> 24:15.000]  And then the bubble broke.
[24:15.000 --> 24:20.000]  And now these people find themselves upside down and in trouble.
[24:20.000 --> 24:22.000]  Well, the servicer.
[24:22.000 --> 24:25.000]  The servicer made all this money on the front end because he got that loan.
[24:25.000 --> 24:29.000]  Say he gets a loan for $100,000 30 years.
[24:29.000 --> 24:34.000]  The person buying it's going to pay about $250,000.
[24:34.000 --> 24:41.000]  So he goes to the investor and says, well, I got this $100,000 loan here.
[24:41.000 --> 24:46.000]  It will produce $225,000 or $250,000.
[24:46.000 --> 24:50.000]  I'll sell it to you for $170,000 and I'll do the collection on it.
[24:50.000 --> 24:53.000]  So he gets his money on the front end.
[24:53.000 --> 24:56.000]  He pays off the bank he borrowed the original from.
[24:56.000 --> 24:59.000]  He gets a big lump in his hand.
[24:59.000 --> 25:02.000]  Now he's servicing the loan.
[25:02.000 --> 25:10.000]  But he doesn't make much servicing the loan unless you get behind any payments.
[25:10.000 --> 25:11.000]  Then he makes pretty good check.
[25:11.000 --> 25:15.000]  Makes about 5%, 6% for each late payment.
[25:15.000 --> 25:21.000]  And if he forecloses, he gets paid for all the costs of foreclosing.
[25:21.000 --> 25:27.000]  If he makes a deal with you or you pay less money, he makes less money.
[25:27.000 --> 25:31.000]  So if you do foreclose, he's got his money.
[25:31.000 --> 25:33.000]  He doesn't lose any.
[25:33.000 --> 25:36.000]  You know, if you lose your house, he doesn't care.
[25:36.000 --> 25:39.000]  You lose all your equity.
[25:39.000 --> 25:48.000]  The investor loses their investment, but he wins that the servicer wins from both sides.
[25:48.000 --> 25:55.000]  So when Randy's talking about these bankers or these servicers not wanting,
[25:55.000 --> 26:03.000]  not seeming to want to let the short sale happen, I understand why.
[26:03.000 --> 26:07.000]  Because they don't make as much money if they do that.
[26:07.000 --> 26:13.000]  That's why we have so many bad loans because they didn't make profit on the good loans.
[26:13.000 --> 26:17.000]  So, I mean, they were selling all of these good loans to investors.
[26:17.000 --> 26:21.000]  And in any group of loans, you can expect a certain amount of failure.
[26:21.000 --> 26:24.000]  So they said, well, you know, we can take, we got all these good loans here.
[26:24.000 --> 26:27.000]  We can seed it with a little crapola.
[26:27.000 --> 26:30.000]  And we make a lot of money on the crapola.
[26:30.000 --> 26:31.000]  We make it on the front end.
[26:31.000 --> 26:33.000]  We make it on the back end.
[26:33.000 --> 26:36.000]  And nobody will notice.
[26:36.000 --> 26:38.000]  They are noticing.
[26:38.000 --> 26:43.000]  Now the bubble has burst and this is coming back to roost on them.
[26:43.000 --> 26:52.000]  And one of the things we've just been looking at in the last few days is it appears as though the,
[26:52.000 --> 27:04.000]  because of the nature of the sales, who actually owns the security instrument on a given piece of property is in doubt
[27:04.000 --> 27:06.000]  because the accounting was terrible.
[27:06.000 --> 27:08.000]  A lot of the notes got lost.
[27:08.000 --> 27:10.000]  A lot of them were just destroyed.
[27:10.000 --> 27:14.000]  They don't really know who actually owns what.
[27:14.000 --> 27:18.000]  But they do have a servicer there who pretends to know.
[27:18.000 --> 27:30.000]  And what they've been doing is they move to foreclose and they show documentation where the note has been assigned to them.
[27:30.000 --> 27:40.000]  And what we're finding is it is not the holder-in-due course of the note that has assigned the note to them.
[27:40.000 --> 27:41.000]  They did it.
[27:41.000 --> 27:44.000]  They assigned it to themselves.
[27:44.000 --> 27:54.000]  They have people that are just signing these assignments that work for the very bank they're assigning them to.
[27:54.000 --> 28:04.000]  And this one study I was looking at in Florida, they had two people who signed for three different banks as vice presidents of each of the banks
[28:04.000 --> 28:08.000]  when in fact they worked for one of the banks and they were just a section manager.
[28:08.000 --> 28:11.000]  They weren't a vice president of any of them.
[28:11.000 --> 28:16.000]  But they claim to be assigning the note to these banks.
[28:16.000 --> 28:17.000]  They had no authority to do it.
[28:17.000 --> 28:20.000]  It's all a scam.
[28:20.000 --> 28:29.000]  And it's a scam to hide a lot of this from the, hide the fraud from the actual holder of the security instrument.
[28:29.000 --> 28:37.000]  And then they try to hide the loss under the expected mean failure rate.
[28:37.000 --> 28:47.000]  And I suspect at this point they're all trying to do a dance along a tight wire between prison and insolvency.
[28:47.000 --> 28:53.000]  But in any case, they're defrauding both sides at the same time.
[28:53.000 --> 28:56.000]  And that's pretty much the point.
[28:56.000 --> 28:57.000]  Go ahead.
[28:57.000 --> 29:08.000]  Well, I was going to say they did a study back in 2005 and over 68% of the home loans issued in 2004 were done by mortgage brokers.
[29:08.000 --> 29:09.000]  Okay.
[29:09.000 --> 29:20.000]  So you have like 53,000 mortgage brokers companies employing, you know, 420,000 people that play a significant role in the lending process.
[29:20.000 --> 29:21.000]  Okay.
[29:21.000 --> 29:30.000]  Now the banks, the lenders, the wholesale lenders use the brokers basically to effectively outsource the job of finding and qualifying the borrower.
[29:30.000 --> 29:41.000]  But they also outsource some of their liabilities for the fraud and the foreclosures on the originators through the legal agreements that they had with their broker.
[29:41.000 --> 29:42.000]  Okay. We're about to go to break.
[29:42.000 --> 29:45.000]  I'd like to go back to that when we come back.
[29:45.000 --> 29:46.000]  All right.
[29:46.000 --> 29:47.000]  We'll be right back.
[29:47.000 --> 29:54.000]  And callers, if you'd like to call in, if you have questions, comments about mortgage situation, 512-646-1984.
[29:54.000 --> 30:00.000]  We will be right back to the rule of law.
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[31:00.000 --> 31:22.000]  Yeah, Mr. Office, are you taking me like that? Won't you follow the law of the land? I don't understand. Your job is to protect and preserve, not be a beast.
[31:22.000 --> 31:45.000]  When you're gonna stop abuse, your power.
[31:45.000 --> 31:56.000]  So please, Mr. Michael, I'm teaching officers not to abuse their power. Send a request to the leader, the captain of all officers.
[31:56.000 --> 32:07.000]  Tell them to uphold the law, or please don't abuse their power. They beat and they beat and they cheat and they cheat and they lie every hour.
[32:07.000 --> 32:18.000]  So Mr. Officer, please stop abusing your power. You will be over until we be silenced, sir.
[32:18.000 --> 32:29.000]  I need to speak to my lawyer, Mr. Officer. I can't lie to you and the judge. You're firing me guilty, sir.
[32:29.000 --> 32:48.000]  So when you're gonna stop abuse, your power.
[32:48.000 --> 32:59.000]  Okay, we are here with Randy Raylor, our guest, talking about the mortgage industry. And Randy, you were saying that most of the loans are originated by mortgage brokers, is that correct?
[32:59.000 --> 33:11.000]  Yeah, basically 68% in 2004 of the home loans were originated through mortgage brokers. Now brokers are not lenders. I mean, they're originators, but they're not like the bank.
[33:11.000 --> 33:21.000]  They're not the source of the funds. They operate as a kind of an intermediary between a wholesale lender and the consumer.
[33:21.000 --> 33:32.000]  And the deal is, the reason why the banks, the lenders, want to use them is they're outsourcing the finding and qualifying of the borrowers.
[33:32.000 --> 33:41.000]  And so they're not having to do advertising or maintain a national presence, but they get the same, they get a national exposure.
[33:41.000 --> 33:52.000]  And they also get to outsource and spread the liabilities for fraud and the foreclosures back to the originators through their legal agreements.
[33:52.000 --> 33:59.000]  So they're getting the best of both worlds. They're getting the business, but they're not taking all the risk and the expense to do it.
[33:59.000 --> 34:13.000]  And that would probably be one of the things that Randy was talking about, is that they've managed to outsource some of the riskier side of the business
[34:13.000 --> 34:22.000]  while they take over the servicing and ultimately sell these to the investors. And so they're kind of making it on both sides.
[34:22.000 --> 34:33.000]  So it's not in their best interest to keep the loan from foreclosing, let's make more money on it.
[34:33.000 --> 34:43.000]  It would appear that they don't have a whole lot of vested interest in this thing going to completion.
[34:43.000 --> 34:47.000]  They're making their money through transactions.
[34:47.000 --> 34:58.000]  This was primarily the reason I was looking at doing something in this area, because I tend to be focused toward remedy.
[34:58.000 --> 35:13.000]  And in looking at this, it appears as though we have this broker and mortgage company standing in the middle here, feeding from both sides, defrauding both sides.
[35:13.000 --> 35:18.000]  When they make the loan, they win. When the loan forecloses, they win.
[35:18.000 --> 35:29.000]  So it's in their best interest to make a bad loan, more profit on the bad loan on the front end, more profit on the bad loan when it fails.
[35:29.000 --> 35:37.000]  It's an absolutely impossible situation for a stable system, but everything's about profit taking.
[35:37.000 --> 36:00.000]  So how do we turn the tables on them? The first thing when I look at these that I want to know is who is every one of the investors who has held the note, the security instrument?
[36:00.000 --> 36:15.000]  Because the first thing that we want to do is send them a tort letter and accuse them of unjust enrichment on a fraudulent contract.
[36:15.000 --> 36:23.000]  The best one to kick is the one who's innocent because he'll scream the loudest.
[36:23.000 --> 36:28.000]  And the one we're kicking here is the one with the deepest pockets.
[36:28.000 --> 36:37.000]  And anytime you get around the one with the deepest pockets, he's always the first one to get sued because he has the deep pockets.
[36:37.000 --> 36:46.000]  So when he gets the tort letter, he's going to come back to the mortgage company and say, what in the heck is going on?
[36:46.000 --> 36:55.000]  I bought a thousand notes from you, and now I'm going to get sued on one of them. Am I also going to get sued on all the rest of them?
[36:55.000 --> 37:04.000]  He's likely to want this guy to buy them back to get him out from under the claim of fraud.
[37:04.000 --> 37:11.000]  So we try to put the mortgage company in the middle where they put themselves.
[37:11.000 --> 37:16.000]  You have the lender on the one side coming after them for fraud.
[37:16.000 --> 37:23.000]  Then you'll have the investor on the other side coming back at them for fraud.
[37:23.000 --> 37:36.000]  Now they've got incentive to play let's make a deal or make the note go away, whatever it takes to keep these guys out of prison.
[37:36.000 --> 37:38.000]  At least that's the idea.
[37:38.000 --> 37:46.000]  I think that's a correct assumption because the investor's the one that has the risk.
[37:46.000 --> 37:50.000]  He's got his money at risk.
[37:50.000 --> 38:01.000]  The originating broker, short-term borrowed from the wholesale lender, turned around and then brokered the deal to somebody else
[38:01.000 --> 38:09.000]  and sold the whole package to probably a servicing company who then bundled it and sold it to the investor.
[38:09.000 --> 38:17.000]  Then the little old consumer's over there, and he has no idea, but he just signed him out in the paperwork to buy his house.
[38:17.000 --> 38:21.000]  So he doesn't really know what's going on.
[38:21.000 --> 38:31.000]  But the investor's the guy that actually has something on the line, and he's not really responsible for the fraud.
[38:31.000 --> 38:36.000]  He just kind of got the whole thing dropped in his lap.
[38:36.000 --> 38:38.000]  So he himself is probably the fraud.
[38:38.000 --> 38:43.000]  When he gets dumped, he's going to really be unhappy.
[38:43.000 --> 38:50.000]  And the thing about looking at this, the reason for the forensic analysis when I first heard about it,
[38:50.000 --> 38:54.000]  I thought it was an incredibly good idea.
[38:54.000 --> 38:55.000]  It didn't matter.
[38:55.000 --> 39:01.000]  It doesn't matter if you're up to date on your loan payments.
[39:01.000 --> 39:03.000]  I just looked at one the other day.
[39:03.000 --> 39:08.000]  The guy's paying 9.99 percent.
[39:08.000 --> 39:13.000]  They charged an outrageous amount to set up the loan.
[39:13.000 --> 39:21.000]  He's looking at going to 12 and 13 percent on this loan because it's an arm.
[39:21.000 --> 39:25.000]  I looked at it, and he's got a house that he only borrowed.
[39:25.000 --> 39:31.000]  He owned it outright and took an equity loan against it for 50 percent.
[39:31.000 --> 39:37.000]  With 50 percent equity in the home, they charged him 10 percent.
[39:37.000 --> 39:40.000]  They stuck him good.
[39:40.000 --> 39:51.000]  So even if you're up to date, if it's a fraudulent loan, do you want to be screwed for the next 30 years?
[39:51.000 --> 39:55.000]  You run the note, find the fraud, go back, and make them fix it.
[39:55.000 --> 40:03.000]  And some of the things that you can do is if the loan's fraudulent, then you can move for rescission.
[40:03.000 --> 40:08.000]  Now, ordinarily, you have three days to rescind the contract.
[40:08.000 --> 40:17.000]  However, if the loan was fraudulent and fraudulent by nondisclosure or fraudulent
[40:17.000 --> 40:26.000]  by other predatory lending practices where this seems to be a practice with lenders,
[40:26.000 --> 40:28.000]  they get someone interested in their product.
[40:28.000 --> 40:31.000]  It's kind of like the guy that does the puppy dog clothes.
[40:31.000 --> 40:35.000]  They bring you their product and say, here, take this home and use it for a few days.
[40:35.000 --> 40:40.000]  And once they've used it for a few days, it's still new, so it's not breaking down every 30 minutes.
[40:40.000 --> 40:41.000]  So they're real happy with it.
[40:41.000 --> 40:43.000]  And then he comes to take it home with him.
[40:43.000 --> 40:44.000]  Now, wait, wait, wait, wait.
[40:44.000 --> 40:45.000]  You can't leave with that.
[40:45.000 --> 40:49.000]  And now they have him interested in the product.
[40:49.000 --> 40:55.000]  They take the people out to show them the home, and they get them really interested in the home.
[40:55.000 --> 41:02.000]  And people buying homes forget that they're the guys with the money.
[41:02.000 --> 41:09.000]  They're the ones making the purchase because the lender puts so much pressure on them,
[41:09.000 --> 41:11.000]  makes them start jumping through hoops.
[41:11.000 --> 41:21.000]  So they get them in a frame of mind where they're struggling to coax the lender into letting the lender,
[41:21.000 --> 41:26.000]  getting the lender to let them give them their money.
[41:26.000 --> 41:30.000]  And they get them wanting the loans more and more.
[41:30.000 --> 41:34.000]  And then they draw them up to the closing table.
[41:34.000 --> 41:36.000]  And they drop these papers on them.
[41:36.000 --> 41:37.000]  And they look at them.
[41:37.000 --> 41:38.000]  They don't look quite right.
[41:38.000 --> 41:39.000]  No, no, that's okay.
[41:39.000 --> 41:41.000]  Sign here, sign here, sign here, sign here.
[41:41.000 --> 41:43.000]  And they sign.
[41:43.000 --> 41:44.000]  Have no idea what they're signing.
[41:44.000 --> 41:54.000]  And that's why we had all of these protections in place to keep the money changers from doing just exactly this,
[41:54.000 --> 41:59.000]  taking people who are unsophisticated in finance,
[41:59.000 --> 42:06.000]  the largest financial acquisition most people ever make is the home they live in.
[42:06.000 --> 42:10.000]  For the most part, they're generally way over their heads.
[42:10.000 --> 42:14.000]  And that's why we have licensed brokers.
[42:14.000 --> 42:18.000]  They're not licensed just to collect money from them.
[42:18.000 --> 42:22.000]  They're licensed so that we can trust them.
[42:22.000 --> 42:25.000]  They're highly regulated by the government.
[42:25.000 --> 42:34.000]  So if my licensed broker tells me something, I have reason to believe him because he's sanctioned by the government.
[42:34.000 --> 42:39.000]  And he's monitored and controlled by the government, supposedly.
[42:39.000 --> 42:43.000]  So they created a false sense of trust.
[42:43.000 --> 42:47.000]  And then they violated that trust.
[42:47.000 --> 42:55.000]  Well, you know, the mortgage brokerage industry is regulated by 10 federal laws.
[42:55.000 --> 43:01.000]  And there are five federal enforcement agencies and 49 state laws or licensing boards.
[43:01.000 --> 43:03.000]  And yet we still have a problem.
[43:03.000 --> 43:08.000]  Right, because they just unleashed the wolves on us.
[43:08.000 --> 43:14.000]  They unleashed the bankers and the money changers on us 15, 20 years ago
[43:14.000 --> 43:18.000]  under the false guise of making housing available to everybody.
[43:18.000 --> 43:20.000]  Well, everybody can't afford it.
[43:20.000 --> 43:25.000]  And if we sell them to everybody, we wind up putting everybody in slavery.
[43:25.000 --> 43:34.000]  One of the things that they did that I thought was interesting is when Congress came in and —
[43:34.000 --> 43:38.000]  Okay, let's hold them on the edge of that cliff.
[43:38.000 --> 43:39.000]  All right.
[43:39.000 --> 43:41.000]  Should we come back from break?
[43:41.000 --> 43:43.000]  All right, we'll be right back.
[43:43.000 --> 43:45.000]  Callers, the call board's awful quiet tonight.
[43:45.000 --> 43:49.000]  If y'all like to call in, 512-646-1984.
[43:49.000 --> 43:50.000]  Let's try to stay on topic.
[43:50.000 --> 43:52.000]  If you would, please call us.
[43:52.000 --> 43:56.000]  And then maybe later on in the show, if y'all want to call in about other topics, you can.
[43:56.000 --> 44:06.000]  We'll be right back.
[44:26.000 --> 44:36.000]  We'll be right back.
[44:36.000 --> 44:56.000]  We'll be right back.
[45:06.000 --> 45:16.000]  We'll be right back.
[45:16.000 --> 45:26.000]  We'll be right back.
[45:26.000 --> 45:50.000]  All right, watching the sparks fly here on The Rule of Law with Randy Kelton and Deborah Stevens.
[45:50.000 --> 45:52.000]  We're here with Randy Raylor, a very special guest.
[45:52.000 --> 45:54.000]  We've got Carrie from California on the line.
[45:54.000 --> 45:56.000]  Carrie, just sit tight for one moment.
[45:56.000 --> 46:01.000]  Randy Raylor was just about to tell us about some laws that were passed in the Clinton administration.
[46:01.000 --> 46:05.000]  Yeah, basically during the Clinton administration,
[46:05.000 --> 46:10.000]  Congress mandated that loans had to be made to low-income homebuyers.
[46:10.000 --> 46:14.000]  And so in order to meet that requirement and avoid being fined,
[46:14.000 --> 46:18.000]  they just started loaning to literally anybody that could fog a mirror.
[46:18.000 --> 46:22.000]  And so the deal is Congress had to know what they were doing,
[46:22.000 --> 46:25.000]  and they just went ahead and did it anyway.
[46:25.000 --> 46:35.000]  And that kind of was the catalyst to this whole situation that we're in now.
[46:35.000 --> 46:40.000]  So is there a fix?
[46:40.000 --> 46:42.000]  Well, as you and I have been discussing,
[46:42.000 --> 46:46.000]  I think the fix is going to be that people come in and do these audits
[46:46.000 --> 46:54.000]  and come up with looking for the violations of RESPA and TILA and go back after the lenders
[46:54.000 --> 46:59.000]  to try and at least force them to renegotiate these loans.
[46:59.000 --> 47:02.000]  If not make them go away altogether.
[47:02.000 --> 47:04.000]  Correct.
[47:04.000 --> 47:08.000]  I just read about a case in New York, half a million dollar loan,
[47:08.000 --> 47:15.000]  where the courts threw the whole thing out, just liquidated the lien,
[47:15.000 --> 47:23.000]  gave them a quiet title because the lender failed to prove upstanding.
[47:23.000 --> 47:27.000]  They had sold this note, and it sold a number of times.
[47:27.000 --> 47:29.000]  And this always happens.
[47:29.000 --> 47:34.000]  They sell the note to someone who buys the original notes when they're new.
[47:34.000 --> 47:38.000]  They're new and unproven, so they get a bigger discount.
[47:38.000 --> 47:45.000]  And then they hold them for six months or a year and let them begin to pay out
[47:45.000 --> 47:48.000]  and establish a pattern of payment.
[47:48.000 --> 47:53.000]  As the pattern develops, the loans become more valuable.
[47:53.000 --> 47:58.000]  Then they sell them to another investor who buys them at less of a premium,
[47:58.000 --> 48:01.000]  and they generally sell three or four times this way.
[48:01.000 --> 48:05.000]  And by the time it gets down to the end of the chain,
[48:05.000 --> 48:10.000]  they're not selling each note one at a time.
[48:10.000 --> 48:15.000]  If you're an investor and you're buying 1,000 notes,
[48:15.000 --> 48:19.000]  you want to buy one product, not 1,000 products.
[48:19.000 --> 48:21.000]  So they sell them one product.
[48:21.000 --> 48:27.000]  Well, all of those 1,000 notes that are in there have tended to have gotten lost.
[48:27.000 --> 48:34.000]  And if you ask for the original contract, which is very basic law,
[48:34.000 --> 48:39.000]  you can't come into court with a photocopy of a contract.
[48:39.000 --> 48:44.000]  The photocopy of the contract is prima facie evidence that a contract exists.
[48:44.000 --> 48:49.000]  You know, I could come into the grocery store with a photocopy of a $100 bill,
[48:49.000 --> 48:55.000]  and I can assure them this $100 bill actually does exist.
[48:55.000 --> 48:58.000]  And they're going to say, well, cool, give me the $100 bill.
[48:58.000 --> 49:00.000]  I don't want the photocopy.
[49:00.000 --> 49:05.000]  And this is the same issue we're bringing to the courts.
[49:05.000 --> 49:12.000]  If you're going to come to a court and attempt to invoke subject matter jurisdiction with that court,
[49:12.000 --> 49:19.000]  you're going to need more than, oh, yeah, I am the agent for the principal.
[49:19.000 --> 49:23.000]  You're going to need the contract.
[49:23.000 --> 49:27.000]  I'm here to foreclose on a contract.
[49:27.000 --> 49:31.000]  Well, Bubba, show me the contract.
[49:31.000 --> 49:33.000]  Same thing with credit cards.
[49:33.000 --> 49:41.000]  We're here to take this action on a contract where we extended credit and they agreed to pay it back.
[49:41.000 --> 49:42.000]  Okay.
[49:42.000 --> 49:46.000]  Show us the agreement.
[49:46.000 --> 49:48.000]  And they say, well, you used the card, didn't you?
[49:48.000 --> 49:50.000]  Yeah, we did.
[49:50.000 --> 49:51.000]  Well, you have to pay it back.
[49:51.000 --> 49:53.000]  Okay.
[49:53.000 --> 49:56.000]  Show me under what conditions I have to pay it back.
[49:56.000 --> 49:57.000]  They don't have the contract.
[49:57.000 --> 50:00.000]  They don't have standing.
[50:00.000 --> 50:12.000]  And the position we're taking, if they fail to come to the court with a legal demonstration of standing,
[50:12.000 --> 50:20.000]  then their pleadings are insufficient to invoke the subject matter jurisdiction of the court.
[50:20.000 --> 50:24.000]  A lot of people complain about going in the courts and they just ignore you.
[50:24.000 --> 50:26.000]  They just walk right over you.
[50:26.000 --> 50:31.000]  Well, it's time we started doing some walking of our own.
[50:31.000 --> 50:46.000]  It's my position that it is not my place to determine whether or not the judge has subject matter jurisdiction over a cause when he exercises authority over me.
[50:46.000 --> 50:58.000]  Before he exercises, purports to exercise authority over me, he better make sure he has it because if he does attempt to exercise authority over me
[50:58.000 --> 51:10.000]  and he doesn't have subject matter jurisdiction, I'm going to counter suit him and file criminal charges against him for impersonating a judicial officer
[51:10.000 --> 51:22.000]  and let him prove up his subject matter jurisdiction to a grand jury where he should be proving it up instead of coming into court and say it just doesn't matter.
[51:22.000 --> 51:25.000]  We start taking these guys on this way.
[51:25.000 --> 51:27.000]  We'll start getting our courts back.
[51:27.000 --> 51:36.000]  And these lenders who have been perpetrating these fraudulent loans and getting away with it because the courts are on their side,
[51:36.000 --> 51:45.000]  and what I understand from Mark Adams, all you got to do is lose $500 on the golf course to the judge and he's bought your case.
[51:45.000 --> 51:52.000]  I thought it was incredibly depressing to think that all I'm worth is $500, but that appears to be the case.
[51:52.000 --> 52:08.000]  So if we start taking the judges to the wall, the only time you can sue a judge when he has no immunity of any kind is when he acts without subject matter jurisdiction.
[52:08.000 --> 52:12.000]  And in every one of these cases, that appears to be what's going on.
[52:12.000 --> 52:21.000]  Now, Randy, haven't you also said that they don't have any civil immunity concerning their administrative decisions anytime?
[52:21.000 --> 52:36.000]  Well, I found in case law where on ministerial decisions, they're granting immunity if the ministerial decision is made within the scope of authority.
[52:36.000 --> 52:44.000]  And that was frustrating because those are decisions where the judge has no legal option.
[52:44.000 --> 52:48.000]  For instance, if I file a motion to disqualify.
[52:48.000 --> 52:56.000]  If I move to disqualify the judge because it supports his hair on the wrong side, the judge is going to say, oh, this is crapola and deny it.
[52:56.000 --> 52:59.000]  Well, he is forbidden to deny it.
[52:59.000 --> 53:06.000]  If a motion to disqualify is made, the judge must forward the motion to the head administrative judge of the district,
[53:06.000 --> 53:13.000]  ask that judge to appoint another judge to hear this motion.
[53:13.000 --> 53:18.000]  And then that judge has to throw the motion out, but the first judge cannot.
[53:18.000 --> 53:22.000]  And they do it all the time, but it can't sue them for it.
[53:22.000 --> 53:26.000]  So trying to get people to go after them criminally.
[53:26.000 --> 53:37.000]  However, if the original pleading is insufficient to invoke subject matter jurisdiction in the court, he's not a judge.
[53:37.000 --> 53:50.000]  He's just like me if I go out to the uniform rental and rent me a uniform, get me a little shiny badge and a little bubble gum machine, put on the car and pull you over.
[53:50.000 --> 53:54.000]  You're going to file a challenge to my jurisdiction?
[53:54.000 --> 53:59.000]  Are you going to file criminal charges to get me put in jail where I would belong?
[53:59.000 --> 54:02.000]  We need to start doing this to the judges.
[54:02.000 --> 54:08.000]  Let's go to Carrie.
[54:08.000 --> 54:16.000]  She's off topic, but if you guys have anything else, y'all want to finish up on this and then we'll go to Carrie.
[54:16.000 --> 54:18.000]  Let's go ahead and go to Carrie.
[54:18.000 --> 54:19.000]  We can come back later.
[54:19.000 --> 54:20.000]  All right.
[54:20.000 --> 54:21.000]  Hey, Carrie, thanks for calling in.
[54:21.000 --> 54:23.000]  What's on your mind tonight?
[54:23.000 --> 54:29.000]  Hey, I'm continuing my research on who exactly is in control of California waters.
[54:29.000 --> 54:30.000]  Okay.
[54:30.000 --> 54:40.000]  I dug up the Act from 1850, which admitted the state of California into the Union, and there was some interesting language in it that I think you would, I would like your comment on.
[54:40.000 --> 54:56.000]  Section 3 reads, the state of California is admitted into the Union upon the express condition that the people of California shall never interfere with the primary disposal of the public lands within its limits
[54:56.000 --> 55:07.000]  and shall pass no law and do no act whereby the title of the United States to and rights to dispose of shall be impaired or questioned.
[55:07.000 --> 55:14.000]  It continues on, but I've lost my place.
[55:14.000 --> 55:16.000]  Okay.
[55:16.000 --> 55:23.000]  And that they shall never lay any tax or any assessment upon description whatsoever upon the public domain of the United States.
[55:23.000 --> 55:32.000]  It continues on, and that all navigable waters within said state shall be common highways.
[55:32.000 --> 55:33.000]  Okay.
[55:33.000 --> 55:35.000]  That goes with the right to travel.
[55:35.000 --> 55:37.000]  Okay.
[55:37.000 --> 55:39.000]  Can you read that first part again?
[55:39.000 --> 55:43.000]  Yes.
[55:43.000 --> 56:04.000]  That, okay, that the said state of California is admitted into the Union upon the express condition that the people of said state through their legislature or otherwise shall never interfere with the primary disposal of the public lands within its limits
[56:04.000 --> 56:21.000]  and shall pass no law and do no act whereby the title of the United States to and rights to dispose of the same shall be impaired or questioned.
[56:21.000 --> 56:25.000]  That's unclear.
[56:25.000 --> 56:34.000]  Are they saying that the United States maintains the authority to control the public lands?
[56:34.000 --> 56:38.000]  That's kind of what it sounded like to me.
[56:38.000 --> 57:00.000]  That would fit with what I've been researching and finding that California was a military, was seeded from Mexico, and it was a military territory. It was never officially a territory and then became a state. It was occupied by the military and then became a state.
[57:00.000 --> 57:04.000]  So essentially you might consider it spoils of war.
[57:04.000 --> 57:05.000]  Yes.
[57:05.000 --> 57:14.000]  Well, they could pretty much make any condition they wanted to.
[57:14.000 --> 57:22.000]  It appears as though they did the as a condition of statehood.
[57:22.000 --> 57:28.000]  They gave control of the public lands is federal government.
[57:28.000 --> 57:35.000]  I would have to brief that out. Much different situation than here in Texas, that's for sure.
[57:35.000 --> 57:45.000]  Well, Texas came into the Union as a sovereign nation. That's my point. That's my whole point.
[57:45.000 --> 57:54.000]  Can you give me the citation on that point in the Constitution?
[57:54.000 --> 57:56.000]  In the Constitution?
[57:56.000 --> 57:59.000]  Yes, that you're reading from.
[57:59.000 --> 58:12.000]  It is printed from Volume 9 of the Statues at Large, but it was part of, it's a separate statue because the state came in as part of the Compromise of 1850.
[58:12.000 --> 58:15.000]  Okay, hold on. We'll have to get it when we come back from Brighton.
[58:15.000 --> 58:19.000]  All right, we're going to a three minute break right now. Just stay on the line, Carrie.
[58:19.000 --> 58:20.000]  Okay.
[58:20.000 --> 58:28.000]  And other callers who would like to call in 512-646-1984.
[58:28.000 --> 58:51.000]  We'll be back with Randy Raylor, Randy Kelton. I'm Deborah Stevens. This is the Rule of Law.
[58:58.000 --> 59:25.000]  Thank you.
[59:25.000 --> 59:53.000]  Thank you.
[59:53.000 --> 01:00:04.000]  This news brief brought to you by the International News Net.
[01:00:04.000 --> 01:00:13.000]  The UN is temporarily relocating more than half its staff in Afghanistan after last week's Taliban attack that killed five UN workers.
[01:00:13.000 --> 01:00:21.000]  About 600 non-essential staffers will be moved to more secure locations while the UN finds safer housing.
[01:00:21.000 --> 01:00:30.000]  The Palestinian Health Ministry in Gaza says 360 people have died as a result of the Israeli siege of Gaza.
[01:00:30.000 --> 01:00:39.000]  A Palestinian cancer patient who was denied approval to leave the Strip to receive medical treatment abroad died Tuesday.
[01:00:39.000 --> 01:00:49.000]  British ambassador to Uzbekistan, Craig Murray, has criticized the UK spy service MI6 for using intelligence gained through torture
[01:00:49.000 --> 01:00:57.000]  in a confidential document leaked to the Financial Times. Murray said Uzbek officials abused prisoners to extract information.
[01:00:57.000 --> 01:01:05.000]  The intelligence was used by MI6 after being passed on by the CIA.
[01:01:05.000 --> 01:01:12.000]  In a medical disaster now overtaking Ukraine, 81 people have died, 24,000 are hospitalized,
[01:01:12.000 --> 01:01:20.000]  and 478,000 are reported suffering from flu or ARI, acute respiratory infections.
[01:01:20.000 --> 01:01:25.000]  The number of infected patients has almost doubled in the past two days.
[01:01:25.000 --> 01:01:32.000]  The explosion of cases raises concerns that the number of fatalities is significantly higher than 81.
[01:01:32.000 --> 01:01:41.000]  The rapid rise in reported infections, hospitalizations, and deaths in the past few days raise concerns the virus is transmitting very efficiently.
[01:01:41.000 --> 01:01:52.000]  Afghan officials say President Hamid Karzai has six months to sideline his brother and reduce corruption or risk losing U.S. support.
[01:01:52.000 --> 01:01:59.000]  Senior officials said Barack Obama delivered the ultimatum when congratulating Karzai on his re-election Monday.
[01:01:59.000 --> 01:02:05.000]  Obama's demands included action against corruption, appointment of reform-minded ministers,
[01:02:05.000 --> 01:02:11.000]  and several high-profile scalps to prove Karzai's commitment to cleaning up his government.
[01:02:11.000 --> 01:02:18.000]  An official with access to Karzai's inner circle said if Karzai doesn't meet the conditions within six months,
[01:02:18.000 --> 01:02:25.000]  Obama told him America will pull out, adding Obama said they don't want their soldiers' lives wasted for nothing.
[01:02:25.000 --> 01:02:34.000]  The president's half-brother, Hamid Wali Karzai, has repeatedly denied claims he controls Afghanistan's billion-dollar heroin trade.
[01:02:34.000 --> 01:02:40.000]  As head of Kandahar's Provincial Council, he is the main power broker in the south of the country,
[01:02:40.000 --> 01:02:45.000]  but the president has refused to remove him, insisting there is no proof of wrongdoing.
[01:02:45.000 --> 01:03:13.000]  You are listening to the Rule Law Radio Network at rulelawradio.com, live free speech talk radio at its best.
[01:03:15.000 --> 01:03:38.000]  Okay, we are back.
[01:03:38.000 --> 01:03:42.000]  We're talking with Kerry in California.
[01:03:42.000 --> 01:03:47.000]  Okay, Kerry, we were looking up on the break for this place in the Constitution that you're talking about.
[01:03:47.000 --> 01:03:48.000]  We can't find it.
[01:03:48.000 --> 01:03:51.000]  Can you please give us a citation?
[01:03:51.000 --> 01:03:58.000]  The citation says, volume nine of the Statutes at Law on page 452.
[01:03:58.000 --> 01:04:07.000]  And the ex-summally says it's the 31st Congress of the United States of America at the first session,
[01:04:07.000 --> 01:04:14.000]  which was begun on the 3rd day of December, 1849.
[01:04:14.000 --> 01:04:16.000]  Oh, my.
[01:04:16.000 --> 01:04:19.000]  A statute at large from 1849?
[01:04:19.000 --> 01:04:22.000]  Has it been codified into any code?
[01:04:22.000 --> 01:04:25.000]  Because this is not Constitution.
[01:04:25.000 --> 01:04:27.000]  Yeah, I don't know.
[01:04:27.000 --> 01:04:32.000]  I got this from a copy of the Constitution of the United States in the state of California.
[01:04:32.000 --> 01:04:41.000]  It's a 1948 handbook given to an assemblyman, Vernon Kilpatrick, from the Los Angeles 55th District.
[01:04:41.000 --> 01:04:44.000]  Okay, well, I'm looking at the Constitution.
[01:04:44.000 --> 01:04:53.000]  It has two articles, Article 10, Article 10A, that address water, water resources development,
[01:04:53.000 --> 01:05:03.000]  and Article 10B, marine resources protection, and that just goes to who can fish, where they can fish, and that sort of thing.
[01:05:03.000 --> 01:05:12.000]  It has protection of water rights, water quality, fish resources, procedure for statutory change,
[01:05:12.000 --> 01:05:17.000]  storage of diversion of water from wild scenic river systems.
[01:05:17.000 --> 01:05:23.000]  It was passed in 1981, but it didn't seem to go to your issue.
[01:05:23.000 --> 01:05:29.000]  I need something a little more specific, a change in Delta Water Protection Act,
[01:05:29.000 --> 01:05:35.000]  giving up domain to acquire Delta water rights, procedure in certain water-related actions,
[01:05:35.000 --> 01:05:37.000]  consistent exercise of state powers.
[01:05:37.000 --> 01:05:43.000]  There's nothing mentioned here about the Fed.
[01:05:43.000 --> 01:05:47.000]  Yes, we will probably need to get a little more research so I can dig a little deeper.
[01:05:47.000 --> 01:05:52.000]  If you can get me close, I can go into Lexis and pull you up the annotations
[01:05:52.000 --> 01:05:59.000]  if I can get specific statutes or specific constitutional references.
[01:05:59.000 --> 01:06:00.000]  Okay.
[01:06:00.000 --> 01:06:07.000]  I can pull these out annotated, and the annotations would be the court cases relating to this specific statute,
[01:06:07.000 --> 01:06:13.000]  and that will give you some really good information and ways from those court cases
[01:06:13.000 --> 01:06:16.000]  you can expand back out into your issue.
[01:06:16.000 --> 01:06:18.000]  Okay.
[01:06:18.000 --> 01:06:23.000]  So call me in next week with something a little more specific so I can go to it,
[01:06:23.000 --> 01:06:25.000]  and I can give you some good research.
[01:06:25.000 --> 01:06:27.000]  Okay.
[01:06:27.000 --> 01:06:28.000]  Thank you.
[01:06:28.000 --> 01:06:29.000]  All right.
[01:06:29.000 --> 01:06:30.000]  Thank you, guys.
[01:06:30.000 --> 01:06:31.000]  Thank you, Kerry.
[01:06:31.000 --> 01:06:32.000]  Thanks, Kerry.
[01:06:32.000 --> 01:06:37.000]  Okay, we're going to go now to Pat in Texas.
[01:06:37.000 --> 01:06:38.000]  Pat, thanks for calling in.
[01:06:38.000 --> 01:06:41.000]  What's on your mind tonight?
[01:06:41.000 --> 01:06:48.000]  Just a point for Randy and you and your last caller.
[01:06:48.000 --> 01:06:55.000]  All of the states that were entered into the U.S. entered in under the understanding,
[01:06:55.000 --> 01:07:00.000]  with the exception of Texas, that all public lands would be turned over to the federal government
[01:07:00.000 --> 01:07:03.000]  and would be handled by the Bureau of Land Management,
[01:07:03.000 --> 01:07:08.000]  and then either be transferred or sold, as the case may be.
[01:07:08.000 --> 01:07:16.000]  And they were normally sold on a patent up until about, well, you could still buy them.
[01:07:16.000 --> 01:07:20.000]  Even in the state of Texas, you can buy land from the state on a land patent.
[01:07:20.000 --> 01:07:28.000]  And once you do that, if the patent has water rights associated with it,
[01:07:28.000 --> 01:07:39.000]  and you have to look at the land patent and the land law of the date of the land patent,
[01:07:39.000 --> 01:07:45.000]  it will tell you whether or not you control the water or somebody else controls the water.
[01:07:45.000 --> 01:07:55.000]  And for all states except for Texas, that law would be dealing with the law that governs the BLM,
[01:07:55.000 --> 01:08:02.000]  the Bureau of Land Management, and the general land office in Washington, D.C.
[01:08:02.000 --> 01:08:06.000]  And this has been adjudicated many, many, many, many times.
[01:08:06.000 --> 01:08:12.000]  So if you have your patent, if she's looking for a particular water rights issue
[01:08:12.000 --> 01:08:18.000]  dealing with a particular piece of property, tell her to go to the state capitol,
[01:08:18.000 --> 01:08:26.000]  go to the archives, and follow up through the archives the particular land patent for that piece of property.
[01:08:26.000 --> 01:08:38.000]  Well, her issue was originally about mismanagement of the water in, I forget, was it San Francisco area or LA area,
[01:08:38.000 --> 01:08:42.000]  where there were a tremendous amount of leaks.
[01:08:42.000 --> 01:08:51.000]  And because of the water shortage, her concern was with the poor management.
[01:08:51.000 --> 01:08:59.000]  And she was backing up looking for statutory support for, I guess,
[01:08:59.000 --> 01:09:10.000]  an action to force the user to fix their system so they're not wasting so much water when it's in such short supply.
[01:09:10.000 --> 01:09:16.000]  That was the impression I got. I may be wrong, and I'm sure Carrie let me know if I missed the point.
[01:09:16.000 --> 01:09:21.000]  But she was trying to get back to how the federal government got involved in all of this.
[01:09:21.000 --> 01:09:25.000]  And you may well have given us the answer.
[01:09:25.000 --> 01:09:34.000]  Well, the federal government controls navigable water systems up until earlier this year when they changed the federal law
[01:09:34.000 --> 01:09:39.000]  and they dropped the word navigable out.
[01:09:39.000 --> 01:09:52.000]  They are trying to take control of all water, whether it's surface or runoff water or river or subsurface water.
[01:09:52.000 --> 01:09:59.000]  Well, is this a change in the code or a change in the public law?
[01:09:59.000 --> 01:10:01.000]  Change in the public law.
[01:10:01.000 --> 01:10:05.000]  Because the code can only reflect the public law without substantive change.
[01:10:05.000 --> 01:10:16.000]  I understand. No, this was a change to the public law of a federal law in the US registry.
[01:10:16.000 --> 01:10:24.000]  So the feds are trying to extend control of all of the waters within the states.
[01:10:24.000 --> 01:10:25.000]  Correct.
[01:10:25.000 --> 01:10:29.000]  I don't see how they can do that without the states going along with it.
[01:10:29.000 --> 01:10:32.000]  I think they're going to trip over sovereign immunity here.
[01:10:32.000 --> 01:10:35.000]  Yeah, I don't think that's going to fly.
[01:10:35.000 --> 01:10:41.000]  I mean, they can't just say, oh, well, now we're going to control all the waterways and not just the navigable waterways.
[01:10:41.000 --> 01:10:48.000]  I mean, I think that if they have some kind of contract or treaty or whatever annexation documents
[01:10:48.000 --> 01:10:57.000]  when they were brought into the union, the feds can't just decide everything's going to be totally different now
[01:10:57.000 --> 01:11:00.000]  without the states agreeing to it.
[01:11:00.000 --> 01:11:02.000]  Well, there's a lot more to this issue.
[01:11:02.000 --> 01:11:09.000]  Remember a while back we had some folks call in where someone was given a citation
[01:11:09.000 --> 01:11:17.000]  for collecting water in a rain barrel that the state claimed they owned all of the water?
[01:11:17.000 --> 01:11:21.000]  That's going on right here instead of Texas.
[01:11:21.000 --> 01:11:31.000]  I mean, when I was living north of Fort Worth, we were in the Trinity River Basin,
[01:11:31.000 --> 01:11:38.000]  and you could not divert any water from a natural course.
[01:11:38.000 --> 01:11:39.000]  Correct.
[01:11:39.000 --> 01:11:45.000]  I had someone come after a friend of mine accusing him of flooding her property
[01:11:45.000 --> 01:11:52.000]  by breaking a levee in a stock tank and called the state.
[01:11:52.000 --> 01:11:57.000]  The state said, you know, we can't do anything about that.
[01:11:57.000 --> 01:12:01.000]  He didn't divert any water from its natural course.
[01:12:01.000 --> 01:12:03.000]  He returned it to its natural course.
[01:12:03.000 --> 01:12:06.000]  Well, this is all coming down from Agenda 21 anyway,
[01:12:06.000 --> 01:12:13.000]  the whole business about the feds wanting to just change their side of the agreement.
[01:12:13.000 --> 01:12:17.000]  I mean, this is all coming down from the UN, to be honest.
[01:12:17.000 --> 01:12:20.000]  I mean, so, you know, if you want to say there's more to it than that,
[01:12:20.000 --> 01:12:22.000]  yeah, there is more to it than that.
[01:12:22.000 --> 01:12:24.000]  This is about global government.
[01:12:24.000 --> 01:12:27.000]  I mean, I was just presenting one side of it.
[01:12:27.000 --> 01:12:36.000]  I'm wondering how the state can claim ownership of water that falls on my property.
[01:12:36.000 --> 01:12:43.000]  Randy, the state of Texas has issued a change in the state code
[01:12:43.000 --> 01:12:48.000]  where it is claiming all water, including rainwater,
[01:12:48.000 --> 01:12:52.000]  unless you have your land patent in effect
[01:12:52.000 --> 01:12:58.000]  and the land law that was in effect at the time the land patent was issued,
[01:12:58.000 --> 01:13:02.000]  specifically states otherwise.
[01:13:02.000 --> 01:13:08.000]  I know out here in West Texas we talk about the water issue quite a bit,
[01:13:08.000 --> 01:13:15.000]  and there are water districts and water regional management districts.
[01:13:15.000 --> 01:13:22.000]  They're not the same, but they're both state bodies, if you will.
[01:13:22.000 --> 01:13:30.000]  In other words, they have been instituted by the state to manage water resources for the state.
[01:13:30.000 --> 01:13:33.000]  Oh, by the way, we have Carrie from California who's called back in.
[01:13:33.000 --> 01:13:35.000]  She may want to comment on this.
[01:13:35.000 --> 01:13:36.000]  I'll bring her in the conversation.
[01:13:36.000 --> 01:13:38.000]  Carrie, thanks for calling back in.
[01:13:38.000 --> 01:13:41.000]  Did you have a comment for Pat or us?
[01:13:41.000 --> 01:13:45.000]  Well, I just want to say you guys are starting to get to what I'm kind of looking at.
[01:13:45.000 --> 01:13:46.000]  Let me explain how I got there.
[01:13:46.000 --> 01:13:51.000]  I was interested in how by shutting off the water to a city such as Los Angeles,
[01:13:51.000 --> 01:13:53.000]  you could institute martial law,
[01:13:53.000 --> 01:13:56.000]  because if you did that it would cause riots and such forth.
[01:13:56.000 --> 01:14:02.000]  In the process of researching what exactly martial law's connection was to water law,
[01:14:02.000 --> 01:14:07.000]  then I started finding out all this stuff about the feds claiming they have ability to control the water
[01:14:07.000 --> 01:14:12.000]  within California, which then led me to questioning if California has dual sovereignty.
[01:14:12.000 --> 01:14:23.000]  What I just read to you guys is from the act that admits the state of California from Congress in Washington, D.C.
[01:14:23.000 --> 01:14:26.000]  The reference to the statutes I think is for the state.
[01:14:26.000 --> 01:14:27.000]  I don't know.
[01:14:27.000 --> 01:14:28.000]  I'm not a lawyer.
[01:14:28.000 --> 01:14:33.000]  But that's how I got from point A to point B.
[01:14:33.000 --> 01:14:37.000]  And now I'm not looking at a specific property per se,
[01:14:37.000 --> 01:14:45.000]  but I'm interested in doing a FOIA request to find out if the federal government did get the deeds of session
[01:14:45.000 --> 01:14:51.000]  from the state of California for the like 9.1 million acres of parkland they have or whatever.
[01:14:51.000 --> 01:14:58.000]  But based upon the act to get into the union having this clause in it,
[01:14:58.000 --> 01:15:03.000]  I'm wondering if the state of California was essentially swiss cheese from the start.
[01:15:03.000 --> 01:15:06.000]  Well, that's what it kind of sounds like to me.
[01:15:06.000 --> 01:15:12.000]  I mean, from that perspective and looking at what you're talking about,
[01:15:12.000 --> 01:15:14.000]  the terms and conditions of being annexed,
[01:15:14.000 --> 01:15:20.000]  there may have never been a deed of session because it never belonged to the state of California to begin with.
[01:15:20.000 --> 01:15:24.000]  It was never part of California.
[01:15:24.000 --> 01:15:26.000]  That's correct.
[01:15:26.000 --> 01:15:30.000]  You're 100% correct, Debra.
[01:15:30.000 --> 01:15:37.000]  The public land and the water and all of the associated minerals and everything else that goes with them
[01:15:37.000 --> 01:15:40.000]  were never ever part of the state of California.
[01:15:40.000 --> 01:15:46.000]  They were ceded prior to statehood being granted.
[01:15:46.000 --> 01:15:53.000]  That may explain why Ashcroft is willing to go into California over this marijuana issue
[01:15:53.000 --> 01:15:57.000]  because California is only sort of sovereign.
[01:15:57.000 --> 01:16:00.000]  Well, I don't know because where he went was private property.
[01:16:00.000 --> 01:16:02.000]  It wasn't public lands.
[01:16:02.000 --> 01:16:04.000]  It had nothing to do with that.
[01:16:04.000 --> 01:16:10.000]  But California is real accustomed to the feds walking through their territory with jackpots already.
[01:16:10.000 --> 01:16:12.000]  I think he was just trying to make an example.
[01:16:12.000 --> 01:16:18.000]  I think he was just trying to make an example because California is one of the main states that has the medical marijuana clinics
[01:16:18.000 --> 01:16:22.000]  and it's regulated under California state law and stuff.
[01:16:22.000 --> 01:16:29.000]  I mean, it was strictly private land and it had nothing to do with commerce even.
[01:16:29.000 --> 01:16:31.000]  This is not a commercial enterprise.
[01:16:31.000 --> 01:16:38.000]  Debra, any of the land that is now private, in other words that had been sold by...
[01:16:38.000 --> 01:16:39.000]  Wait, hold on.
[01:16:39.000 --> 01:16:41.000]  Hold that thought, Pat, because we're going to break.
[01:16:41.000 --> 01:16:43.000]  Pat, Terry, stay on the line.
[01:16:43.000 --> 01:16:45.000]  We've still got Randy Raylor here, too.
[01:16:45.000 --> 01:16:47.000]  He may have some comments on this issue.
[01:16:47.000 --> 01:16:51.000]  We'll be right back after this short break.
[01:16:51.000 --> 01:16:55.000]  Callers 512-646-1984.
[01:16:55.000 --> 01:16:56.000]  We'll be right back.
[01:16:56.000 --> 01:17:01.000]  Hello, Austin.
[01:17:01.000 --> 01:17:05.000]  My name is Harlan Dietrich, owner of Brave New Books, a local independent bookstore here in town.
[01:17:05.000 --> 01:17:09.000]  Many of you are familiar with the bookstore and have attended some of our events.
[01:17:09.000 --> 01:17:13.000]  We've been proud to host speakers like Alex Jones, Ron Paul, Jim Mars,
[01:17:13.000 --> 01:17:18.000]  Catherine Aubrey, Webster Carpley, G. Edward Griffin, and many other heroic figures in the patriot movement.
[01:17:18.000 --> 01:17:21.000]  But now Brave New Books needs your help.
[01:17:21.000 --> 01:17:26.000]  In order to continue to provide a space for these events and be an outlet for hard-to-find materials,
[01:17:26.000 --> 01:17:30.000]  we're going to need you, Austin, to help spread the word about the bookstore.
[01:17:30.000 --> 01:17:34.000]  Please tell your friends and family about the wide variety of materials we offer.
[01:17:34.000 --> 01:17:38.000]  We also have DVD duplication capabilities for all you activists.
[01:17:38.000 --> 01:17:42.000]  Also, if you haven't visited us yet, please come down and show your support.
[01:17:42.000 --> 01:17:46.000]  It is so easy to support the big corporate chain stores that do nothing to further our message.
[01:17:46.000 --> 01:17:48.000]  Remember, you vote with your dollars.
[01:17:48.000 --> 01:17:50.000]  We're counting on you, Austin.
[01:17:50.000 --> 01:17:57.000]  If you need any information, please call 512-480-2503 or visit us at 1904 Guadalupe Street.
[01:17:57.000 --> 01:18:00.000]  Thank you, everyone.
[01:18:00.000 --> 01:18:21.000]  Okay, we are back.
[01:18:21.000 --> 01:18:25.000]  We're speaking with Pat from Texas and Carrie in California.
[01:18:25.000 --> 01:18:30.000]  Okay, Pat, go ahead. What were you saying before we cut to break?
[01:18:30.000 --> 01:18:40.000]  Well, all of the land that is private land in California falls under the auspices of land patents
[01:18:40.000 --> 01:18:47.000]  that were sold and transferred into private ownership by the Bureau of Land Management
[01:18:47.000 --> 01:18:49.000]  through the federal government.
[01:18:49.000 --> 01:18:59.000]  That is private land. The federal boys and the state have absolutely no jurisdiction on that land
[01:18:59.000 --> 01:19:04.000]  as long as it's not in commerce.
[01:19:04.000 --> 01:19:07.000]  In other words, it is truly private.
[01:19:07.000 --> 01:19:12.000]  The patent is still there and has been brought forward.
[01:19:12.000 --> 01:19:17.000]  And if you'll look at a patent and you can go and research your own patents,
[01:19:17.000 --> 01:19:22.000]  you guys are right there in Austin, go over to the General Land Office,
[01:19:22.000 --> 01:19:27.000]  two or three blocks north of the Capitol on Congress.
[01:19:27.000 --> 01:19:29.000]  The first floor is the Archives.
[01:19:29.000 --> 01:19:32.000]  Go in there and ask them to look at a land patent.
[01:19:32.000 --> 01:19:41.000]  It specifically states that the land has been transferred to the patent holder,
[01:19:41.000 --> 01:19:47.000]  their heirs, and assigned forever.
[01:19:47.000 --> 01:19:49.000]  That is the exact wording.
[01:19:49.000 --> 01:19:57.000]  I've got mine. We have brought our patent forward by accepting the assignment on the patent.
[01:19:57.000 --> 01:20:04.000]  It doesn't cost really anything, $5 for the copy of the patent and filing fee in the county.
[01:20:04.000 --> 01:20:14.000]  But what you're looking at is taking control of that land, the minerals, the water, and everything,
[01:20:14.000 --> 01:20:24.000]  but only in accordance with the land law that is in effect at the time the patent is issued.
[01:20:24.000 --> 01:20:36.000]  And as the land law changes over time and the patents were issued with specific caveats,
[01:20:36.000 --> 01:20:47.000]  then you have to abide by those caveats and by the land law for that particular year.
[01:20:47.000 --> 01:20:54.000]  It's like right now in Texas we have several different water laws,
[01:20:54.000 --> 01:21:05.000]  and they all revolve around the land laws that were in effect from the late 1830s with the republic
[01:21:05.000 --> 01:21:15.000]  all the way up through current land laws where water rights are a major issue.
[01:21:15.000 --> 01:21:22.000]  This sounds like, if you're a regulatory agency, this sounds like an incredible quagmire.
[01:21:22.000 --> 01:21:25.000]  Any piece of land that you may choose to look at,
[01:21:25.000 --> 01:21:31.000]  you might have to go back to the date of the land patent and apply a whole different set of code to it.
[01:21:31.000 --> 01:21:41.000]  You do. This is why there are so many agencies involved with water in every state.
[01:21:41.000 --> 01:21:47.000]  I really like that idea because it appears to make it extremely difficult for the government
[01:21:47.000 --> 01:21:49.000]  to come in and screw with your property.
[01:21:49.000 --> 01:21:53.000]  Well, yeah, and Pat, what you were saying just now regarding California,
[01:21:53.000 --> 01:22:00.000]  there's just one more reason why the Raich v. Ashcroft decision was so bogus by the Supreme Court.
[01:22:00.000 --> 01:22:04.000]  You're 100% correct.
[01:22:04.000 --> 01:22:11.000]  If the people who own the different parcels of land, and that even includes a house inside the city,
[01:22:11.000 --> 01:22:18.000]  if they will go and do the research, bring their little parcel of that land patent forward,
[01:22:18.000 --> 01:22:27.000]  because land patents were normally issued using either a section, a half section, or a quarter section of land.
[01:22:27.000 --> 01:22:30.000]  That's how they were normally issued.
[01:22:30.000 --> 01:22:34.000]  But you could also get it issued on a smaller parcel.
[01:22:34.000 --> 01:22:44.000]  But you can accept the assignment for a small parcel of land within a land patent.
[01:22:44.000 --> 01:22:51.000]  And you own it. It cannot be taken from you, even for tackles.
[01:22:51.000 --> 01:22:55.000]  That's what I was going to ask. Does it take you off the tax roll?
[01:22:55.000 --> 01:22:59.000]  You still have to go through some steps to be taken off of the tax roll.
[01:22:59.000 --> 01:23:02.000]  You can't just have your land patent and then not pay.
[01:23:02.000 --> 01:23:10.000]  You still have to complete the process and go through steps to get your land taken off of the tax roll.
[01:23:10.000 --> 01:23:12.000]  Do you know about that, Pat?
[01:23:12.000 --> 01:23:13.000]  Yes, I do.
[01:23:13.000 --> 01:23:20.000]  And part of that has to do with what is commercial land and what is private land.
[01:23:20.000 --> 01:23:23.000]  And that's a whole other discussion for another time.
[01:23:23.000 --> 01:23:35.000]  But where you wind up going is you get it out of their total grasp and you take back total ownership of your land.
[01:23:35.000 --> 01:23:37.000]  It takes a little bit of work.
[01:23:37.000 --> 01:23:42.000]  It takes a little bit of getting out and doing the research.
[01:23:42.000 --> 01:23:46.000]  But it's well worth it.
[01:23:46.000 --> 01:23:52.000]  Pat, how would this affect a lien, a mortgage on your particular piece of property?
[01:23:52.000 --> 01:23:54.000]  It does not affect the mortgage at all.
[01:23:54.000 --> 01:23:56.000]  A contract is a contract.
[01:23:56.000 --> 01:24:03.000]  If you owe somebody money for a contract for a mortgage, you still owe that money.
[01:24:03.000 --> 01:24:07.000]  What about somebody that comes after you in a suit?
[01:24:07.000 --> 01:24:13.000]  Well, the suit will be judged upon its merits.
[01:24:13.000 --> 01:24:24.000]  If you sign the contract in good faith and so did the other party, and then you fail to go through with that, he's got grounds.
[01:24:24.000 --> 01:24:27.000]  You have violated the contract.
[01:24:27.000 --> 01:24:33.000]  Donna, I'm thinking about something, somebody that comes after you with a tort or something that's not – there's no contract.
[01:24:33.000 --> 01:24:34.000]  It's just a –
[01:24:34.000 --> 01:24:38.000]  What, and if they win a suit against you that they could put a lien on your property?
[01:24:38.000 --> 01:24:40.000]  Is that what you're talking about, Randy?
[01:24:40.000 --> 01:24:48.000]  Yeah, I'm talking about if you bring this patent forward and somebody sues you over something that has no contract involved,
[01:24:48.000 --> 01:24:51.000]  it's just a tort action or something, and then could they lien those –
[01:24:51.000 --> 01:24:54.000]  Probably, I would say yes.
[01:24:54.000 --> 01:25:00.000]  If you really want to protect your assets from tort actions, you need to set up trusts.
[01:25:00.000 --> 01:25:03.000]  Well, you don't really have to set up a trust.
[01:25:03.000 --> 01:25:12.000]  The tort would – any lien that they would try to put against the property would be unenforceable.
[01:25:12.000 --> 01:25:13.000]  That's what I was getting at.
[01:25:13.000 --> 01:25:15.000]  Why is that?
[01:25:15.000 --> 01:25:23.000]  Because the land patent is true ownership, and they're not an assignee on that land patent unless you make them such.
[01:25:23.000 --> 01:25:25.000]  You make them such if you sign a contract.
[01:25:25.000 --> 01:25:33.000]  Well, what I'm – I think what Randy – I think what Randy Raylor is asking is that if somebody came after you in a tort action,
[01:25:33.000 --> 01:25:38.000]  not having anything to do with a contract related to the land per se –
[01:25:38.000 --> 01:25:50.000]  Land cannot be taken by the court under a judgment because the land is not something that can be taken that way with patents,
[01:25:50.000 --> 01:25:54.000]  and that's been adjudicated all the way up through the U.S. Supreme Court.
[01:25:54.000 --> 01:25:59.000]  Awesome. Awesome. That's awesome.
[01:25:59.000 --> 01:26:12.000]  So even with a house in Austin, if it was ever bequeathed in a land patent, then you can still bring that patent forward.
[01:26:12.000 --> 01:26:15.000]  You don't have to be the original heir.
[01:26:15.000 --> 01:26:22.000]  No. No, no, no. I'm not the original purchaser of this property that I have, my wife and I have.
[01:26:22.000 --> 01:26:26.000]  We have brought the patent forward.
[01:26:26.000 --> 01:26:37.000]  The patent was issued in 1935 under a contract of sale from the state in 1918,
[01:26:37.000 --> 01:26:45.000]  so that the land law that deals with our piece of property is the land law from 1918,
[01:26:45.000 --> 01:26:53.000]  and we are the assignees on that land patent, and we have accepted the assignment,
[01:26:53.000 --> 01:27:00.000]  and that has now been filed in our county records section and in the state in Austin.
[01:27:00.000 --> 01:27:04.000]  Have you been able to take your property off the tax roll, the county tax roll?
[01:27:04.000 --> 01:27:07.000]  I do not pay any taxes, Deborah.
[01:27:07.000 --> 01:27:13.000]  But have you gotten it removed from the tax roll or are you just not paying?
[01:27:13.000 --> 01:27:19.000]  No, no. I went in and sat down with our county tax fine folks,
[01:27:19.000 --> 01:27:28.000]  and there are other patent holders in the county that I live in, and they've never been on the tax rolls,
[01:27:28.000 --> 01:27:41.000]  and I sat down with our fine young gentleman, and his property, all 17 sections of it, is not on the tax roll.
[01:27:41.000 --> 01:27:44.000]  We saw no problem in removing it.
[01:27:44.000 --> 01:27:49.000]  So your property was originally on the tax roll, and then you were able to get it removed through this process?
[01:27:49.000 --> 01:27:54.000]  We bought it with a deed, and the deed was on the tax roll.
[01:27:54.000 --> 01:28:03.000]  You have to understand, a deed is a commercial piece of paper which puts the property into commerce.
[01:28:03.000 --> 01:28:06.000]  We really need to do a show with you on this issue.
[01:28:06.000 --> 01:28:08.000]  Yeah, no kidding.
[01:28:08.000 --> 01:28:11.000]  I think you may be the guy we've been looking for.
[01:28:11.000 --> 01:28:18.000]  We've had a lot of people tell us a lot of nonsense about land patents.
[01:28:18.000 --> 01:28:21.000]  You seem to be the first one who understands what's really going on.
[01:28:21.000 --> 01:28:28.000]  Well, and whatever he's done is work because he got his property taken off the tax roll, which is the whole goal.
[01:28:28.000 --> 01:28:31.000]  It's so easy to find your patent.
[01:28:31.000 --> 01:28:39.000]  Number one, everybody that has piece of property has a deed, and on that deed, either on the face of it or on the previous deed,
[01:28:39.000 --> 01:28:49.000]  it tells you the exact meets and bounds of the property you have, and it'll all be in meets and bounds here in the state of Texas.
[01:28:49.000 --> 01:28:53.000]  And it'll say a part of that section.
[01:28:53.000 --> 01:28:58.000]  It'll give you the section and survey map that you have to go to.
[01:28:58.000 --> 01:29:02.000]  You call – you don't even have to go there.
[01:29:02.000 --> 01:29:16.000]  You can call the archive section of the GLO, or you can go online and look up texasglo.us.texas.gov or whatever it is,
[01:29:16.000 --> 01:29:26.000]  and you give them the exact survey statement for your piece of property.
[01:29:26.000 --> 01:29:33.000]  And they will send you an email back telling you that your land patent is such and such and such and such,
[01:29:33.000 --> 01:29:36.000]  and if you want a certified copy of it, it's $5.
[01:29:36.000 --> 01:29:37.000]  All right.
[01:29:37.000 --> 01:29:38.000]  Hold on one moment.
[01:29:38.000 --> 01:29:39.000]  We're going to break.
[01:29:39.000 --> 01:29:40.000]  Pat, you want to stay on the line?
[01:29:40.000 --> 01:29:41.000]  Sure.
[01:29:41.000 --> 01:29:44.000]  Okay, great.
[01:29:44.000 --> 01:29:50.000]  And we still have Carrie in California with us and, of course, Randy Raylor.
[01:29:50.000 --> 01:29:52.000]  We will be right back.
[01:29:52.000 --> 01:29:56.000]  Callers, if you'd like to call in, 512-646-1984.
[01:29:56.000 --> 01:30:00.000]  We'll be right back.
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[01:31:01.000 --> 01:31:13.000]  Thank you.
[01:31:31.000 --> 01:31:48.000]  Okay, we are back.
[01:31:48.000 --> 01:31:51.000]  All right, we are speaking with Randy Raylor.
[01:31:51.000 --> 01:31:57.000]  We've got Pat from Texas, Carrie from California, and it's pretty amazing what our listeners
[01:31:57.000 --> 01:32:03.000]  and callers will go through to get the word of truth out for the cause of liberty.
[01:32:03.000 --> 01:32:06.000]  Poor Pat is on top of a windmill tower right now,
[01:32:06.000 --> 01:32:09.000]  because it's the only way you can get good cell phone reception to call in.
[01:32:09.000 --> 01:32:13.000]  So Pat, thank you for going through what you're going through.
[01:32:13.000 --> 01:32:17.000]  Deborah, I've got a quick question for Carrie.
[01:32:17.000 --> 01:32:22.000]  She's asking about water and martial law.
[01:32:22.000 --> 01:32:30.000]  Carrie, have you looked at the California Constitution in the Bill of Rights section
[01:32:30.000 --> 01:32:38.000]  to see if martial law is even legal under your Constitution?
[01:32:38.000 --> 01:32:40.000]  Can you hear me?
[01:32:40.000 --> 01:32:42.000]  I'm sorry.
[01:32:42.000 --> 01:32:44.000]  Yeah, go ahead, Carrie.
[01:32:44.000 --> 01:32:53.000]  Yeah, I haven't had a chance to go through the Constitution yet.
[01:32:53.000 --> 01:33:01.000]  I started by looking at like a water law book, and then I went down a rabbit hole.
[01:33:01.000 --> 01:33:03.000]  Well, I understand that.
[01:33:03.000 --> 01:33:11.000]  I'm looking at the California Constitution Declaration of Rights, Article 1.
[01:33:11.000 --> 01:33:13.000]  That's where it should be.
[01:33:13.000 --> 01:33:16.000]  I don't see anything referring to martial law.
[01:33:16.000 --> 01:33:21.000]  It'll have to be sort of hidden in there.
[01:33:21.000 --> 01:33:26.000]  Probably the Article 1, paragraph 1, inalienable rights.
[01:33:26.000 --> 01:33:31.000]  While people are by nature free and independent and have inalienable rights,
[01:33:31.000 --> 01:33:37.000]  among these are enjoying and defending life, liberty, acquiring, processing,
[01:33:37.000 --> 01:33:46.000]  and protecting property, and pursuing obtaining, and obtaining safety, happiness, and privacy.
[01:33:46.000 --> 01:33:52.000]  Randy, somewhere in there, you should say, just like in the Texas Constitution,
[01:33:52.000 --> 01:34:01.000]  that that section of their Constitution, that article, can not be suspended even in a time of emergency.
[01:34:01.000 --> 01:34:06.000]  It's held inviolate in perpetuity.
[01:34:06.000 --> 01:34:13.000]  That's the key words, operative functional phrase, right there.
[01:34:13.000 --> 01:34:16.000]  Just like Article 1 in the Texas Constitution.
[01:34:16.000 --> 01:34:19.000]  I can almost remember it.
[01:34:19.000 --> 01:34:23.000]  All of the rights enumerated in this section shall be held inviolate,
[01:34:23.000 --> 01:34:31.000]  are exempted from the powers of the legislature, and shall be held inviolate in perpetuity.
[01:34:31.000 --> 01:34:33.000]  That's it.
[01:34:33.000 --> 01:34:37.000]  They cannot set any rights aside for martial law.
[01:34:37.000 --> 01:34:42.000]  They cannot, lawfully, now.
[01:34:42.000 --> 01:34:45.000]  Now, can they do it?
[01:34:45.000 --> 01:34:49.000]  Well, let's see, does rain fall out of the sky?
[01:34:49.000 --> 01:34:55.000]  Well, here's the closest, this may be it, construction of constitutional provisions.
[01:34:55.000 --> 01:35:00.000]  The provisions of this Constitution are mandatory and prohibitory,
[01:35:00.000 --> 01:35:05.000]  unless by express words they are declared to be otherwise.
[01:35:05.000 --> 01:35:11.000]  That's the closest I can find in the California Constitution.
[01:35:11.000 --> 01:35:20.000]  But it's pretty clear that martial law is not lawful in accordance with the Constitution of California,
[01:35:20.000 --> 01:35:29.000]  because it would be violating the individual guaranteed right.
[01:35:29.000 --> 01:35:33.000]  Yes.
[01:35:33.000 --> 01:35:34.000]  Can you hear me?
[01:35:34.000 --> 01:35:35.000]  I'm getting a lot of feedback on this.
[01:35:35.000 --> 01:35:36.000]  Yeah, we can hear you.
[01:35:36.000 --> 01:35:37.000]  We can hear you fine.
[01:35:37.000 --> 01:35:38.000]  Yeah.
[01:35:38.000 --> 01:35:40.000]  Okay.
[01:35:40.000 --> 01:35:49.000]  So what Terry's worried about, about them shutting off, and I say them, the great, big, ugly them, whoever they may be,
[01:35:49.000 --> 01:35:57.000]  shutting off the water in a major city to institute panic, chaos, whatever.
[01:35:57.000 --> 01:35:59.000]  Can it happen?
[01:35:59.000 --> 01:36:00.000]  Yes, it can.
[01:36:00.000 --> 01:36:01.000]  Is it lawful?
[01:36:01.000 --> 01:36:03.000]  No.
[01:36:03.000 --> 01:36:06.000]  Will it happen?
[01:36:06.000 --> 01:36:08.000]  Who's got the pistol ball?
[01:36:08.000 --> 01:36:10.000]  Yeah.
[01:36:10.000 --> 01:36:14.000]  Do I trust any of them?
[01:36:14.000 --> 01:36:24.000]  Well, the more that we know the law and know our rights and take proactive action ahead of time,
[01:36:24.000 --> 01:36:28.000]  the less likely it is that they're going to be able to pull it off.
[01:36:28.000 --> 01:36:34.000]  Pat, I have a question just to something I wanted to run by you.
[01:36:34.000 --> 01:36:43.000]  I thought of you recently, someone sent me an email of a police officer in El Paso.
[01:36:43.000 --> 01:36:55.000]  He was walking down a street with a backpack on and three individuals with a motorcycle tried to steal the backpack.
[01:36:55.000 --> 01:37:03.000]  He killed two of them and shot the other one in both arms and they had some incredibly graphic photographs.
[01:37:03.000 --> 01:37:08.000]  But I thought about that later and I thought about you.
[01:37:08.000 --> 01:37:10.000]  Why did they want this off?
[01:37:10.000 --> 01:37:12.000]  He was in town.
[01:37:12.000 --> 01:37:17.000]  Why did they want his backpacks bad enough to risk getting shot to death?
[01:37:17.000 --> 01:37:20.000]  I guess the first two don't count.
[01:37:20.000 --> 01:37:21.000]  Yes.
[01:37:21.000 --> 01:37:27.000]  Well, Randy, they may not have known that they would get shot to death by trying to steal the man's backpack.
[01:37:27.000 --> 01:37:34.000]  Pat had a problem with border patrol agents crossing his property and he wouldn't let them.
[01:37:34.000 --> 01:37:38.000]  And they're out there looking for backpacks.
[01:37:38.000 --> 01:37:47.000]  And this is the same agency that a few years earlier was almost shut down for running drugs across the border.
[01:37:47.000 --> 01:37:58.000]  Now, some of these folks that were involved in that time period that you were talking about before out here, they're still here.
[01:37:58.000 --> 01:38:01.000]  Yes, same people, same practices.
[01:38:01.000 --> 01:38:09.000]  And when you're talking about they're out there looking for a backpack and then they go out in a four-wheeler and come back with a backpack.
[01:38:09.000 --> 01:38:16.000]  And when I saw these photos, I thought there's more to this story.
[01:38:16.000 --> 01:38:19.000]  Anyway, I thought you'd find that interesting.
[01:38:19.000 --> 01:38:27.000]  Well, we stay in touch with a lot of the other agencies out here, I say we, some friends of mine and I.
[01:38:27.000 --> 01:38:35.000]  And there's a border coalition of all the cities along the border now in the state of Texas.
[01:38:35.000 --> 01:38:46.000]  And they're trying to get the border patrol back where they belong along with the rest of the federal agents from the different alphabet suits.
[01:38:46.000 --> 01:38:56.000]  And they're not having a great deal of effectiveness thanks to the state.
[01:38:56.000 --> 01:38:58.000]  Thanks to Perry.
[01:38:58.000 --> 01:39:07.000]  Well, I'm not going to law just drop it in his lap, but he's one of the many boys in Austin that has something to do with this.
[01:39:07.000 --> 01:39:29.000]  But also the guys in DC are using money very copiously like our current sheriff is driving around at a brand new $100,000 SUV branded to him by the border patrol and DHS so that he can do whatever it is that he does.
[01:39:29.000 --> 01:39:36.000]  And that is not pursue the lawful aspects of being the sheriff.
[01:39:36.000 --> 01:39:49.000]  Okay, while we were talking, I was looking through the California Constitution and I found something that seems a bit disturbing.
[01:39:49.000 --> 01:39:53.000]  Due process equal protection, privileges and immunity.
[01:39:53.000 --> 01:40:07.000]  A person may not be deprived of life, liberty or property without the due process of law or denial of equal protection of the laws, provided that nothing contained here in or elsewhere in the Constitution imposes upon the state of California.
[01:40:07.000 --> 01:40:27.000]  Or any public entity board or official any obligations or responsibilities which exceed those imposed by the equal protection clause of 14th Amendment to the United States Constitution with respect to the use of pupil that says pupil school assignments or pupil transportation.
[01:40:27.000 --> 01:40:44.000]  By enforcing this subject division or any other provision of the Constitution, no court of the state may impose upon the state of California or any public entry board or official or obligation or responsibility with respect to the use of public school assignment or public transportation.
[01:40:44.000 --> 01:41:07.000]  Except to remedy a specific violation by such party that would also constitute a violation of the equal protection clause of 14th Amendment. And unless a federal court would be permitted under federal decisional law to impose that obligation or responsibility on such a party to remedy the specific violation of the equal protection clause of the 14th Amendment.
[01:41:07.000 --> 01:41:17.000]  It sounds like these guys have read due process in California to equal federal due process.
[01:41:17.000 --> 01:41:20.000]  That's what it sounds like.
[01:41:20.000 --> 01:41:25.000]  It sounds like the feds are in California's back pocket.
[01:41:25.000 --> 01:41:26.000]  Oh yeah.
[01:41:26.000 --> 01:41:29.000]  Or they're in California's in their back pocket.
[01:41:29.000 --> 01:41:37.000]  I think the feds have got California tucked away in an inside death pocket for many reasons.
[01:41:37.000 --> 01:41:45.000]  That's why we have Kamala Pelosi sitting where she's at.
[01:41:45.000 --> 01:41:53.000]  But what's one more socialist when you have a Marxist state?
[01:41:53.000 --> 01:41:57.000]  Yeah, you got a point there.
[01:41:57.000 --> 01:41:59.000]  Okay, I keep distracting us.
[01:41:59.000 --> 01:42:02.000]  We got off topic there and I do apologize.
[01:42:02.000 --> 01:42:04.000]  No, I did that.
[01:42:04.000 --> 01:42:10.000]  The land patent thing is very, very specific with land law.
[01:42:10.000 --> 01:42:17.000]  The land law is very specific dealing with water and water rights.
[01:42:17.000 --> 01:42:30.000]  So if a group of people own some land and somebody turns their water off, they have remedy to fix that problem.
[01:42:30.000 --> 01:42:36.000]  And I don't care if it's even the federal government if they turn it off.
[01:42:36.000 --> 01:42:47.000]  Now, is somebody going to declare martial law if they shut all the water off to a major city?
[01:42:47.000 --> 01:42:48.000]  Probably.
[01:42:48.000 --> 01:42:50.000]  You're going to have a lot of rioting and you're going to have a lot of other things
[01:42:50.000 --> 01:42:54.000]  because along with shutting off the water, you're going to shut off the sewers
[01:42:54.000 --> 01:43:01.000]  because each one of the major cities has pumps to pump those sewers to keep them moving.
[01:43:01.000 --> 01:43:07.000]  Yes, and the last time they had riots, they declared martial law, so they have a history of that.
[01:43:07.000 --> 01:43:14.000]  And I don't remember any major outcry over martial law, so even if they did,
[01:43:14.000 --> 01:43:21.000]  I suspect that the citizens of California have had enough experience with it that they've become sensitized.
[01:43:21.000 --> 01:43:26.000]  Either that or we just didn't hear about the outcry.
[01:43:26.000 --> 01:43:27.000]  That's a good point.
[01:43:27.000 --> 01:43:33.000]  There was a very minor outcry. There was probably a certain number of people that said something,
[01:43:33.000 --> 01:43:36.000]  but their voices weren't heard.
[01:43:36.000 --> 01:43:41.000]  Or there were, like I said, or there were a lot of people saying a lot and we just didn't hear about it.
[01:43:41.000 --> 01:43:46.000]  They were rioting over martial law and they instituted martial law over the riots.
[01:43:46.000 --> 01:43:50.000]  Okay, listen, we're going to break. You guys want to hang on the line?
[01:43:50.000 --> 01:43:52.000]  I'll hang here for a moment.
[01:43:52.000 --> 01:44:06.000]  All right, we'll be right back. This is the rule of law.
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[01:45:00.000 --> 01:45:21.000]  Hello. Oh, man, she in jail. She got broken, man. Oh, man, I'm broke, man.
[01:45:21.000 --> 01:45:30.000]  Some things in this world I will never understand. Some things I realize fully.
[01:45:30.000 --> 01:45:38.000]  Somebody's known a police, a policeman. Somebody's known a police, a bully.
[01:45:38.000 --> 01:45:47.000]  There's always a room at the top of the hill. I hear through the grapevine and it's lonely left too.
[01:45:47.000 --> 01:45:53.000]  They're wishing it was more than I position to fail. They know that if they don't do it,
[01:45:53.000 --> 01:45:59.000]  somebody will. Some things in this world I will never understand.
[01:45:59.000 --> 01:46:08.000]  Some things I realize fully. Somebody's known a police, a policeman.
[01:46:08.000 --> 01:46:12.000]  Somebody's known a police, a bully.
[01:46:12.000 --> 01:46:17.000]  Okay. Somebody's going to police the policeman. Somebody is going to bully the bully.
[01:46:17.000 --> 01:46:23.000]  All right. I was speaking with Pat on the break and Pat has agreed to come on the air with us tomorrow night.
[01:46:23.000 --> 01:46:25.000]  Is that right, Pat?
[01:46:25.000 --> 01:46:32.000]  Yeah. I'll call in as soon as I can get network connection and get up. It should be somewhere around 9 o'clock.
[01:46:32.000 --> 01:46:36.000]  Okay. So around 9 o'clock and then we'll go over land patent issues,
[01:46:36.000 --> 01:46:40.000]  see how we can get our properties taken off the tax roll.
[01:46:40.000 --> 01:46:47.000]  Pat, when we went out, I can't believe you said you would hang there for a while.
[01:46:47.000 --> 01:46:51.000]  Yeah, you said you would hang there. What were you saying just now, Pat?
[01:46:51.000 --> 01:46:57.000]  I was just trying to listen to Randy. I've got a lot of background noise going on back here.
[01:46:57.000 --> 01:47:00.000]  Would Randy say that again?
[01:47:00.000 --> 01:47:05.000]  I said when we went out, I almost couldn't believe you said I'll just hang here for a while.
[01:47:05.000 --> 01:47:10.000]  When you're on top of a water tower.
[01:47:10.000 --> 01:47:17.000]  Well, yeah, we took the windmill down for the water well and I've got a wind generator up there now.
[01:47:17.000 --> 01:47:24.000]  We're 40 feet in the air and we always have wind out here, so why not use it?
[01:47:24.000 --> 01:47:29.000]  Our listeners may appreciate this more if they know that Pat's a paraplegic.
[01:47:29.000 --> 01:47:32.000]  Have you got your wheelchair up there?
[01:47:32.000 --> 01:47:37.000]  No, no, I get out of that as much as I possibly can.
[01:47:37.000 --> 01:47:42.000]  I've got a rough terrain wheelchair.
[01:47:42.000 --> 01:47:46.000]  I don't think Deborah saw the new chair.
[01:47:46.000 --> 01:47:52.000]  Anyway, I've got knobby tires on it and everything else, but I get out of that, crawl up this thing,
[01:47:52.000 --> 01:47:56.000]  and you'd be surprised the number of days that the Border Patrol stopped out here
[01:47:56.000 --> 01:48:01.000]  and they'd look at me and take pictures.
[01:48:01.000 --> 01:48:03.000]  You've got to appreciate that.
[01:48:03.000 --> 01:48:13.000]  I can't believe this one-armed guy gets up this tower, but it's kind of interesting out here.
[01:48:13.000 --> 01:48:18.000]  You were talking about mortgage companies and everything else earlier.
[01:48:18.000 --> 01:48:25.000]  What I wanted to find out is does anybody know of anybody that has a good mortgage company
[01:48:25.000 --> 01:48:29.000]  that is also an interim lender?
[01:48:29.000 --> 01:48:33.000]  I need some billing money.
[01:48:33.000 --> 01:48:38.000]  You mean setting up so that you can do like a draw loan on a construction?
[01:48:38.000 --> 01:48:43.000]  Yeah, construction loan and then roll that into long-term when we're done.
[01:48:43.000 --> 01:48:47.000]  I could probably help you out on that.
[01:48:47.000 --> 01:48:53.000]  Okay, Randy has my email address.
[01:48:53.000 --> 01:48:55.000]  I hope he still has it.
[01:48:55.000 --> 01:48:57.000]  Yeah, I've got it.
[01:48:57.000 --> 01:49:04.000]  Anyway, for the first Randy there, I'm 100% disabled vet, Texas vet,
[01:49:04.000 --> 01:49:14.000]  and I'm buying another partial section next to us, and I'm going to put a small house on it,
[01:49:14.000 --> 01:49:17.000]  fanny cat accessible and all that.
[01:49:17.000 --> 01:49:20.000]  For me and all the dogs...
[01:49:20.000 --> 01:49:23.000]  I'm sure we can get you hooked in with some...
[01:49:23.000 --> 01:49:27.000]  I have a pretty good lender.
[01:49:27.000 --> 01:49:30.000]  They look pretty good when we run the checks on them.
[01:49:30.000 --> 01:49:36.000]  They don't tend to have too many problems, and I'm sure we could get you...
[01:49:36.000 --> 01:49:40.000]  So Pat, let me ask you something about this land patent thing
[01:49:40.000 --> 01:49:43.000]  and getting your property taken off the tax roll.
[01:49:43.000 --> 01:49:49.000]  About how long does this process take if you really are on top of it?
[01:49:49.000 --> 01:49:59.000]  Well, you can do it in as little as a couple of weeks if the tax people in your county don't give you fit.
[01:49:59.000 --> 01:50:05.000]  Now, you have to understand that ours out here, we only have 1,200 people in the county,
[01:50:05.000 --> 01:50:12.000]  and the county twice the size of Bear County, so it's a little more relaxed out here,
[01:50:12.000 --> 01:50:16.000]  and people know each other by first names.
[01:50:16.000 --> 01:50:21.000]  There in Austin, you're probably going to have a career bureaucrat
[01:50:21.000 --> 01:50:29.000]  that their primary function is to make sure that they get the most out of your hip pocket.
[01:50:29.000 --> 01:50:35.000]  So you may have to go through court and get a court order to get it taken off the tax roll or something like that?
[01:50:35.000 --> 01:50:40.000]  I don't think you're going to have to go to court, but you're going to probably have to get nasty.
[01:50:40.000 --> 01:50:43.000]  Well, I guess the reason I'm asking how long it's going to take is because
[01:50:43.000 --> 01:50:51.000]  here we are at the beginning of November, and property taxes are due the end of January, and it ain't looking good.
[01:50:51.000 --> 01:50:58.000]  Okay, a lot of people are really, really up in arms about the property tax situation here in Travis County.
[01:50:58.000 --> 01:51:06.000]  I mean, legislature went into special session last session on and on and on and on over this issue
[01:51:06.000 --> 01:51:13.000]  to reduce the rates and all these kinds of things so that because people were going nuts
[01:51:13.000 --> 01:51:23.000]  about how expensive the property taxes are, and our bill is like 30% more than it was last year, so a lot of good it did.
[01:51:23.000 --> 01:51:30.000]  So I'm trying to figure out if there's a way that I can get this thing taken care of with my property
[01:51:30.000 --> 01:51:36.000]  and other people's properties that we know so that we don't have to pay our 2008 bill,
[01:51:36.000 --> 01:51:43.000]  or would this just apply to the following year?
[01:51:43.000 --> 01:51:55.000]  That is going to be a determination that probably should have already been done.
[01:51:55.000 --> 01:52:06.000]  There's been some adjudication on this within the state dealing with land patents and ad valorem taxes.
[01:52:06.000 --> 01:52:10.000]  Randy has access to the computer there.
[01:52:10.000 --> 01:52:16.000]  He needs to pull up the Texas Code on ad valorem taxes.
[01:52:16.000 --> 01:52:25.000]  You're going to find that the ad valorem taxes are strictly for commercial entities.
[01:52:25.000 --> 01:52:37.000]  What we're going to find on ad valorem taxes is that it very specifically says that any taxes that are forbidden to the United States
[01:52:37.000 --> 01:52:42.000]  are forbidden to the state of Texas, and ad valorem taxes are forbidden.
[01:52:42.000 --> 01:52:54.000]  Yes, and we knew that already. I guess what my real question is, is it too late to be able to get out of paying taxes for the 2008 year,
[01:52:54.000 --> 01:53:02.000]  or would this process only apply starting of the year 2009 and forward?
[01:53:02.000 --> 01:53:08.000]  You can try and get out of the 2008 taxes.
[01:53:08.000 --> 01:53:18.000]  I just went ahead and paid my last taxes and then told the hard tax guy from that point on,
[01:53:18.000 --> 01:53:24.000]  from that day on, we're off the roll, and he agreed with me.
[01:53:24.000 --> 01:53:31.000]  But then my previous taxes were $33 for the year on 200 acres.
[01:53:31.000 --> 01:53:39.000]  It's not that we have a heavy tax burden out here. You guys do.
[01:53:39.000 --> 01:53:51.000]  My taxes included school tax, but then we only have 123 students in the whole school district from pre-K all the way through K.
[01:53:51.000 --> 01:54:01.000]  When you did your research, what time frame did they start going away from the land patents and going to the warranty deeds
[01:54:01.000 --> 01:54:05.000]  to kind of get this process going where they get everybody paying taxes?
[01:54:05.000 --> 01:54:13.000]  The warranty deed is what was used originally to sell the property originally from the state.
[01:54:13.000 --> 01:54:21.000]  This started back about 1880 when the property was totally paid.
[01:54:21.000 --> 01:54:27.000]  The state was carrying the note at normally 6% simple.
[01:54:27.000 --> 01:54:33.000]  When it was paid, then the purchaser could request by letter, it was a very simple letter,
[01:54:33.000 --> 01:54:43.000]  he just wrote it out and mailed it in requesting the patent be issued. And it was issued.
[01:54:43.000 --> 01:54:53.000]  It was signed by two people, the commissioner of the general land office in Austin and the governor of the state.
[01:54:53.000 --> 01:55:04.000]  But the actual use of the deed was a commercial means of maintaining foreclosure rights to the property
[01:55:04.000 --> 01:55:09.000]  should the property not be fully paid prior to issuing of the patent.
[01:55:09.000 --> 01:55:16.000]  Because once the patent is issued, it cannot be foreclosed upon.
[01:55:16.000 --> 01:55:29.000]  So if you have a warranty deed now, is there a step in here that we're missing where once you pay off the note,
[01:55:29.000 --> 01:55:32.000]  somebody should be issuing you a patent?
[01:55:32.000 --> 01:55:35.000]  No, no. The patent has already been issued.
[01:55:35.000 --> 01:55:42.000]  There's very little amount of land left in the state of Texas that does not have a patent issued on it.
[01:55:42.000 --> 01:55:54.000]  All you have to do is accept the assignment of that patent and file that with your county records department
[01:55:54.000 --> 01:55:59.000]  and file a copy with the archives section in Austin.
[01:55:59.000 --> 01:56:07.000]  And when you accept that, that's just kind of like almost a declaration under oath or something that you make?
[01:56:07.000 --> 01:56:12.000]  It is a declaration under oath and notarized.
[01:56:12.000 --> 01:56:22.000]  And there's a couple of different people out there that have very good forms or formats for doing this.
[01:56:22.000 --> 01:56:25.000]  I called Mr. Mullins.
[01:56:25.000 --> 01:56:31.000]  He's the patent attorney, the land patent attorney for the general land office in Austin.
[01:56:31.000 --> 01:56:35.000]  He and I had a long discussion about this particular subject.
[01:56:35.000 --> 01:56:40.000]  He still issues land patents, brand new ones.
[01:56:40.000 --> 01:56:45.000]  And if you want a brand new one, he'll issue you one.
[01:56:45.000 --> 01:56:53.000]  But I advise against that because you would be tying the land patent to the current land law,
[01:56:53.000 --> 01:57:02.000]  which grants the state the right to retain all minerals and all water.
[01:57:02.000 --> 01:57:06.000]  Yeah, that's what I said.
[01:57:06.000 --> 01:57:12.000]  And that little patent will cost you $21.
[01:57:12.000 --> 01:57:14.000]  Not a whole lot of money, I understand.
[01:57:14.000 --> 01:57:22.000]  But it's easier if you do the research, ask for the original land patent.
[01:57:22.000 --> 01:57:29.000]  It costs you five bucks for a certified color copy of it from the archives section.
[01:57:29.000 --> 01:57:33.000]  They'll mail it to you in a great big envelope.
[01:57:33.000 --> 01:57:36.000]  You get your current deed.
[01:57:36.000 --> 01:57:43.000]  You're going to need a certified copy of that and a certified copy of your current survey.
[01:57:43.000 --> 01:57:51.000]  And there are – well, Randy, you had a lady on – no, it wasn't Randy.
[01:57:51.000 --> 01:58:03.000]  It was on – what was it – Agenda 21, radio program that had the young lady on
[01:58:03.000 --> 01:58:07.000]  that had all the information about land patents.
[01:58:07.000 --> 01:58:09.000]  I believe so.
[01:58:09.000 --> 01:58:11.000]  Yeah.
[01:58:11.000 --> 01:58:14.000]  She has a couple of different formats that she uses.
[01:58:14.000 --> 01:58:25.000]  The one I like comes from a group out in Arizona called Team Law, and they have a website called teamlaw.org.
[01:58:25.000 --> 01:58:28.000]  Okay, listen, listen, Pat, I'm sorry to cut you out.
[01:58:28.000 --> 01:58:30.000]  Yeah, we're at the end of the show.
[01:58:30.000 --> 01:58:33.000]  You're going to come on the air with us tomorrow night, right?
[01:58:33.000 --> 01:58:34.000]  Yes, ma'am.
[01:58:34.000 --> 01:58:35.000]  I'll be on the air.
[01:58:35.000 --> 01:58:36.000]  Okay, excellent.
[01:58:36.000 --> 01:58:37.000]  All right.
[01:58:37.000 --> 01:58:38.000]  Stay on the line right there.
[01:58:38.000 --> 01:58:39.000]  I want to talk to you on the break.
[01:58:39.000 --> 01:58:40.000]  Sure.
[01:58:40.000 --> 01:58:41.000]  Okay.
[01:58:41.000 --> 01:58:42.000]  All right.
[01:58:42.000 --> 01:58:44.000]  Thank you, Randy Raylor, for joining us tonight.
[01:58:44.000 --> 01:58:50.000]  You've got a couple seconds if you want to have any closing comments.
[01:58:50.000 --> 01:58:55.000]  I would just say to anybody that's listening that has a mortgage issue to get a hold of us
[01:58:55.000 --> 01:58:58.000]  and let's see if we can help you straighten it out.
[01:58:58.000 --> 01:58:59.000]  All right.
[01:58:59.000 --> 01:59:00.000]  Stay tuned.
[01:59:00.000 --> 01:59:13.000]  We'll be right back.
[01:59:30.000 --> 01:59:57.000]  Thank you.
[02:00:00.000 --> 02:00:27.000]  Thank you.