[00:00.000 --> 00:11.000]  Your listening to The Liberty Beat, your daily source for Liberty news and activist updates,
[00:11.000 --> 00:15.000]  online at TheLibertyBeat.com.
[00:15.000 --> 00:20.000]  Don Bush here with Your Liberty Beat for Thursday, August 8, 2013.
[00:20.000 --> 00:28.000]  Gold opened today at $1,292, silver at $19.81, and bitcoin is trading at $93.
[00:28.000 --> 00:31.000]  Support for The Liberty Beat comes from Carmacazi Productions,
[00:31.000 --> 00:33.000]  the production house bringing you sovereign living the show,
[00:33.000 --> 00:38.000]  specializing in high quality audio recording and video production for The Liberty Movement,
[00:38.000 --> 00:42.000]  online at Carmacazi.tv, and from Central Texas Gunworks,
[00:42.000 --> 00:45.000]  CHL Courses Self-Defense Training and Firearm Sales,
[00:45.000 --> 00:48.000]  online at CentralTexasGunworks.com.
[00:48.000 --> 00:49.000]  And now the news.
[00:49.000 --> 00:54.000]  On Monday, Reuters reported that the Special Operations Division of the Drug Enforcement Agency
[00:54.000 --> 00:58.000]  gathers information from overseas NSA logs, domestic wiretaps, informants,
[00:58.000 --> 01:03.000]  and a large DEA database of telephone records to give to law enforcement officials
[01:03.000 --> 01:05.000]  around the country to aid in their investigations.
[01:05.000 --> 01:09.000]  Reuters obtained documents which describe the database, known as DICE,
[01:09.000 --> 01:13.000]  as well as a 350-word entry in the Internal Revenue Manual,
[01:13.000 --> 01:17.000]  which instructs agents of the IRS to recreate the investigative trail
[01:17.000 --> 01:22.000]  and omit reference to tips supplied by the DEA Special Operations Division.
[01:22.000 --> 01:25.000]  This process is known as parallel construction
[01:25.000 --> 01:33.000]  and involves concealing the source of tips and falsifying reports.
[01:33.000 --> 01:37.000]  The Austin City Council will be voting today on a new $60 million contract
[01:37.000 --> 01:40.000]  to increase the smart meter system in Austin, Texas.
[01:40.000 --> 01:43.000]  The contract is to implement a two-way communication system
[01:43.000 --> 01:45.000]  that has health and privacy advocates concerned.
[01:45.000 --> 01:48.000]  The new contract will increase the levels of radiation
[01:48.000 --> 01:51.000]  and will query our electricity usage multiple times a minute
[01:51.000 --> 01:55.000]  and enable communication with devices in our homes such as dryers,
[01:55.000 --> 01:57.000]  A.C., dishwashers, and more.
[01:57.000 --> 02:01.000]  We caught up with Dr. Laura Presley, a longtime opponent of smart meter technology,
[02:01.000 --> 02:05.000]  who had this to say about why smart meters are bad for Austinites.
[02:05.000 --> 02:09.000]  There are a lot of health and privacy concerns with regard to smart meters.
[02:09.000 --> 02:11.000]  There's radiation issues with them.
[02:11.000 --> 02:14.000]  There are people that are sensitive to it, and there are also privacy issues.
[02:14.000 --> 02:19.000]  They want to monitor our every-moment usage of electricity
[02:19.000 --> 02:22.000]  so they can charge higher prices for peak rates,
[02:22.000 --> 02:24.000]  and we need to speak out against this.
[02:24.000 --> 02:26.000]  Austinites opposed to smart meter expansion in Austin
[02:26.000 --> 02:29.000]  are encouraged to email, call, or show up to City Hall today
[02:29.000 --> 02:31.000]  to voice their concerns on the matter.
[02:31.000 --> 02:34.000]  More information as well as phone numbers and email addresses
[02:34.000 --> 02:37.000]  to contact at TheLibertyBeat.com.
[02:37.000 --> 02:39.000]  Support for The Liberty Beat comes from the
[02:39.000 --> 02:42.000]  Second Annual Peaceful Streets Police Accountability Summit,
[02:42.000 --> 02:48.000]  August 17th, 10 a.m. to 4 p.m. at the AT&T Executive Conference Center on UT campus.
[02:48.000 --> 02:50.000]  Speakers include Bobby Seal of the Black Panther Party
[02:50.000 --> 02:53.000]  and Radley Valco, author of Rise of the Warrior Cop.
[02:53.000 --> 02:56.000]  Information at PeacefulStreets.com.
[02:56.000 --> 03:00.000]  This is The Liberty Beat for August 8th, 2013.
[03:00.000 --> 03:27.000]  Bad boys, bad boys, whatcha gonna do, whatcha gonna do
[03:27.000 --> 03:33.000]  when they come for you?
[03:33.000 --> 03:37.000]  Bad boys, bad boys, whatcha gonna do, whatcha gonna do
[03:37.000 --> 03:39.000]  when they come for you?
[03:39.000 --> 03:41.000]  When you were eight and you had bad treats
[03:41.000 --> 03:44.000]  you'd go to school and learn the golden rules
[03:44.000 --> 03:47.000]  so why are you acting like a bloody fool?
[03:47.000 --> 03:49.000]  Eat sugar and you must get coot!
[03:49.000 --> 03:52.000]  Bad boys, bad boys, whatcha gonna do,
[03:52.000 --> 03:55.000]  whatcha gonna do when they come for you?
[03:55.000 --> 03:57.000]  Bad boys, bad boys, whatcha gonna do,
[03:57.000 --> 04:00.000]  whatcha gonna do when they come for you?
[04:00.000 --> 04:03.000]  You chuck it on that one, you chuck it on this one
[04:03.000 --> 04:06.000]  you chuck it on your mother and you chuck it on your father
[04:06.000 --> 04:09.000]  you chuck it on your brother and you chuck it on your sister
[04:09.000 --> 04:11.000]  you chuck it on that one and you chuck it on me!
[04:11.000 --> 04:14.000]  Bad boys, bad boys, whatcha gonna do,
[04:14.000 --> 04:16.000]  whatcha gonna do when they come for you?
[04:16.000 --> 04:19.000]  Bad boys, bad boys, whatcha gonna do,
[04:19.000 --> 04:22.000]  whatcha gonna do when they come for you?
[04:22.000 --> 04:27.500]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[04:27.500 --> 04:33.000]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[04:33.000 --> 04:38.000]  Nobody now give you no break, for lose now give you no break.
[04:38.000 --> 04:42.000]  That's how soldier manna give you no break, not even your idren.
[04:42.000 --> 04:49.000]  Not even your idren give you no break. Idren of course means brethren and sisterin.
[04:49.000 --> 04:54.000]  Not even your own family give you a break because you are such a bad, bad boy.
[04:54.000 --> 04:59.000]  And or a bad girl. Well maybe not and, but either a bad girl or a bad girl.
[04:59.000 --> 05:06.000]  And this is of course the rule of law. Tonight is Thursday, August 8th, 2013.
[05:06.000 --> 05:09.000]  I am Deborah Stevens here with Randy Kelton.
[05:09.000 --> 05:14.000]  And we are taking it to the bad boys and the bad girls. That's what this show is all about.
[05:14.000 --> 05:19.000]  We are here to help you, the listeners, deal with the bad boys and the bad girls.
[05:19.000 --> 05:26.000]  That just basically are running rampant right now and need to be taken to task.
[05:26.000 --> 05:30.000]  Need to be taken to justice. Before we start the show, we do have a guest.
[05:30.000 --> 05:35.000]  But before we start the show, we are, I have an announcement to make.
[05:35.000 --> 05:43.000]  We, I talked to Catherine, sorry I had to communicate with my call screener here for a moment.
[05:43.000 --> 05:47.000]  I talked to Catherine Albrecht today, earlier today.
[05:47.000 --> 05:52.000]  And I'm sure many of you out there listen to her show, the Catherine Albrecht show.
[05:52.000 --> 05:57.000]  She is a very close friend of mine, a dear sister in Christ and a dear sister in the Lord.
[05:57.000 --> 06:03.000]  And she is one of the co-authors of the book Spiedships.com.
[06:03.000 --> 06:08.000]  She has, you know, made a crusade against RFID and tracking.
[06:08.000 --> 06:13.000]  And of course she's a spokesperson for startpage.com and ixquick.com,
[06:13.000 --> 06:17.000]  which is completely private search engine companies.
[06:17.000 --> 06:19.000]  They are completely private search engine.
[06:19.000 --> 06:25.000]  Ixquick uses basically every search engine except for Google.
[06:25.000 --> 06:29.000]  And startpage is a Google proxy search engine.
[06:29.000 --> 06:34.000]  So you can use either or personally, I don't want anything to do with Google.
[06:34.000 --> 06:40.000]  I'm not even going to give them my business or use them as a search engine via proxy of startpage.
[06:40.000 --> 06:44.000]  I do support startpage, however, but I use ixquick.com
[06:44.000 --> 06:50.000]  because that is a proxy for basically every other major search engine except for Google.
[06:50.000 --> 06:58.000]  Now, most of you all already know about this and startpage and ixquick are both fantastic services
[06:58.000 --> 07:08.000]  because those companies do not log your IP address nor your search terms when you do searches with them.
[07:08.000 --> 07:15.000]  So even if the government or the NSA or whoever tried to subpoena them to court to get any information,
[07:15.000 --> 07:18.000]  well, they just don't have any information to give.
[07:18.000 --> 07:20.000]  So it's a wonderful service.
[07:20.000 --> 07:26.000]  And now the company ixquick, which is also like the mother company of startpage,
[07:26.000 --> 07:31.000]  they are offering a new service called startmail.
[07:31.000 --> 07:36.000]  And you can find out a little more about it at startmail.com.
[07:36.000 --> 07:41.000]  And the reason I'm making this announcement now, and Katherine has already talked about this at great length,
[07:41.000 --> 07:47.000]  is because there is a time consideration here.
[07:47.000 --> 07:52.000]  What startmail is, it's completely private encrypted email.
[07:52.000 --> 08:00.000]  And what makes it different from other encrypted email services is several things.
[08:00.000 --> 08:06.000]  Number one, you don't just get one encryption key for your email account.
[08:06.000 --> 08:14.000]  Every single email that you send has its own unique encryption.
[08:14.000 --> 08:18.000]  And from what I have studied, if I'm remembering properly,
[08:18.000 --> 08:27.000]  it takes hundreds of thousands of processing hours on the fastest computer to crack one of these encryption keys.
[08:27.000 --> 08:31.000]  And each email has its own unique encryption.
[08:31.000 --> 08:35.000]  And so that's what makes it so much different from these other encryption services,
[08:35.000 --> 08:41.000]  because other email encryption services, you get one encryption for your account.
[08:41.000 --> 08:48.000]  And so if the bad guys happen to or manage to put the time and effort into hacking your encryption key,
[08:48.000 --> 08:50.000]  well then they've got all your email.
[08:50.000 --> 08:52.000]  Not so with startmail.
[08:52.000 --> 08:58.000]  They would have to hack every single one of them, and it's just almost impossible to do that.
[08:58.000 --> 09:04.000]  Now the other thing that makes it different from other encrypted email services
[09:04.000 --> 09:10.000]  is that most encrypted email services are a pain in the you-know-what to use.
[09:10.000 --> 09:12.000]  I've tried several of them.
[09:12.000 --> 09:13.000]  They're a nightmare.
[09:13.000 --> 09:14.000]  They're complicated.
[09:14.000 --> 09:23.000]  You have to send back and forth information via other means to the person you're trying to communicate with.
[09:23.000 --> 09:32.000]  And it's basically just a very difficult, tedious, slow process that's very complicated to deal with,
[09:32.000 --> 09:36.000]  and most people just don't bother because it's not worth their time.
[09:36.000 --> 09:43.000]  Now with startmail, their interface makes it very easy to use to deal with the encryption.
[09:43.000 --> 09:49.000]  So that is another thing that makes it different than other encrypted email services.
[09:49.000 --> 09:55.000]  Now the reason that I'm discussing this tonight is because for quite a while,
[09:55.000 --> 10:02.000]  startmail has been offering a signup for people who want to participate in their beta testing program.
[10:02.000 --> 10:07.000]  They have not officially launched their full service yet.
[10:07.000 --> 10:12.000]  They are taking signups for their beta testing program,
[10:12.000 --> 10:16.000]  and Katherine has already been participating in the beta testing program.
[10:16.000 --> 10:20.000]  Now here is the clincher.
[10:20.000 --> 10:28.000]  Everyone who signs up for their beta testing program will be guaranteed the opportunity to participate
[10:28.000 --> 10:34.000]  in the full official program email service once it launches.
[10:34.000 --> 10:36.000]  And it is going to be a paid service.
[10:36.000 --> 10:39.000]  You get what you pay for.
[10:39.000 --> 10:44.000]  All these free email services like Yahoo and Gmail, there's a reason they're free.
[10:44.000 --> 10:50.000]  It's because they read all your email and they give all your information to marketing companies and the government.
[10:50.000 --> 10:53.000]  Well, not so with startmail.
[10:53.000 --> 10:56.000]  So I think it's going to be like $5 or $7 a month.
[10:56.000 --> 11:01.000]  But, I mean, come on, for the price of a couple of cups of coffee a month,
[11:01.000 --> 11:07.000]  you won't be able to have completely encrypted email with other people who also use the startmail service.
[11:07.000 --> 11:13.000]  Of course, if you're going to email somebody that has a Gmail account, that's not going to work.
[11:13.000 --> 11:18.000]  But at any rate, the thing is, if you sign up for the beta testing program now,
[11:18.000 --> 11:22.000]  you will be guaranteed the opportunity to...
[11:22.000 --> 11:26.000]  Randy, I think there's like a lot of background noise in here and I hear like...
[11:26.000 --> 11:28.000]  My bad. My bad. I hear the truck.
[11:28.000 --> 11:29.000]  Okay. Yeah.
[11:29.000 --> 11:30.000]  If I can get to it.
[11:30.000 --> 11:31.000]  Okay. Thank you.
[11:31.000 --> 11:32.000]  All right.
[11:32.000 --> 11:36.000]  So at any rate, back to the beta testing program.
[11:36.000 --> 11:43.000]  People who participate in the beta program now, who sign up now to be participants in the beta program,
[11:43.000 --> 11:54.000]  will be guaranteed the opportunity to have a full account once the program officially launches in full.
[11:54.000 --> 11:59.000]  Now, this is very crucial because they have so many...
[11:59.000 --> 12:07.000]  She told me today that they have so many people that have signed up so far that they are just about getting maxed out.
[12:07.000 --> 12:18.000]  And they are working overtime to increase their server capacity and expand to basically handle all of the beta participants.
[12:18.000 --> 12:20.000]  But here's the thing.
[12:20.000 --> 12:27.000]  Once the window is closed to sign up for the beta testing program, the window is closed.
[12:27.000 --> 12:32.000]  And then after they launch their full program,
[12:32.000 --> 12:38.000]  the general public is not going to be guaranteed an opportunity to even participate in their service at all.
[12:38.000 --> 12:43.000]  It's going to be on a first-come, first-serve basis as available.
[12:43.000 --> 12:48.000]  And so what that means is that if you don't get in now for the beta program,
[12:48.000 --> 12:56.000]  and then two months from now when they launch their full service, you just may be out of luck.
[12:56.000 --> 13:05.000]  They may not be able to get in until they do whatever they need to do to upgrade their servers and expand.
[13:05.000 --> 13:07.000]  But if you are a beta participant,
[13:07.000 --> 13:13.000]  then you are guaranteed to get a full account once they launch officially in their full program.
[13:13.000 --> 13:20.000]  Now, the reason I'm bringing this up tonight is because she told me today they're closing the window this weekend.
[13:20.000 --> 13:21.000]  That's it.
[13:21.000 --> 13:26.000]  Now, I don't know exactly when this weekend they're going to be closing the window,
[13:26.000 --> 13:29.000]  but weekend means Saturday, Sunday.
[13:29.000 --> 13:31.000]  It could be midnight, tomorrow night.
[13:31.000 --> 13:32.000]  We don't know.
[13:32.000 --> 13:33.000]  I'm not sure.
[13:33.000 --> 13:35.000]  Their techs are working overtime.
[13:35.000 --> 13:40.000]  So the bottom line is if you want to be able to participate in the StartMail
[13:40.000 --> 13:46.000]  without having to wait in lines on the first-come, first-serve basis after they launch,
[13:46.000 --> 13:53.000]  you need to go to StartMail.com right now, and you need to sign up to be a beta participant.
[13:53.000 --> 14:02.000]  Now, you can sign up for as many accounts as you want according to however many email accounts you already have.
[14:02.000 --> 14:09.000]  All right, you have to register to sign up as a beta participant with an email account that you already have.
[14:09.000 --> 14:14.000]  All right, now I've got four or five different email accounts that I use for different purposes,
[14:14.000 --> 14:21.000]  personal, a few different ones for business, some for banking, some for PayPal, and this, that, and the other thing.
[14:21.000 --> 14:32.000]  And so I have already signed up for, you know, five or so accounts using StartMail accounts using all my different email accounts.
[14:32.000 --> 14:36.000]  So most people only have one or two email accounts or whatever.
[14:36.000 --> 14:38.000]  You know, don't overload StartMail.
[14:38.000 --> 14:45.000]  Don't just go out and sign up for a bunch of Hotmail accounts just so you can get as many StartMail accounts as you possibly can.
[14:45.000 --> 14:50.000]  You know, we want to be legitimate here, but, you know, if you're self-employed and you have a business
[14:50.000 --> 14:54.000]  and you have a few different email accounts for different purposes like what I do,
[14:54.000 --> 15:01.000]  then go ahead and use your legitimate email accounts to register to get multiple StartMail accounts.
[15:01.000 --> 15:06.000]  Now, you can't pick your name for your email account yet.
[15:06.000 --> 15:14.000]  Okay, all you do is register, and then you will be able to pick your email name later after they launch the beta program.
[15:14.000 --> 15:23.000]  But at any rate, the window is closing this weekend, and so Katherine told me to let people know in my circle of friends and family,
[15:23.000 --> 15:32.000]  and she also authorized me to make this announcement on the air on my show that if you guys want to get in on the goods,
[15:32.000 --> 15:36.000]  you better get in while the getting is good, so to speak.
[15:36.000 --> 15:44.000]  So I would encourage everyone to please go to StartMail.com and register to get into the beta program because this is the real deal.
[15:44.000 --> 15:54.000]  All right, this is totally encrypted email and separate encryption, unique encryption for each email that you send, and it's basically unhackable.
[15:54.000 --> 15:58.000]  So that's about all I have for the announcement.
[15:58.000 --> 16:02.000]  We are about to go to break here, so I don't want to start in on taking any calls.
[16:02.000 --> 16:09.000]  But before we go to break, Randy, you have comments on this?
[16:09.000 --> 16:13.000]  Randy.
[16:13.000 --> 16:15.000]  Okay, I think he muted his mic, but he may not.
[16:15.000 --> 16:17.000]  Somebody snuck in here and muted my mic.
[16:17.000 --> 16:24.000]  Well, yeah, you needed to because of all the trucks and the whistling and the dogs barking.
[16:24.000 --> 16:41.000]  I just took on a client for a consulting program that the SEC is trying to dig into their business, and this will be absolutely perfect.
[16:41.000 --> 16:42.000]  Excellent.
[16:42.000 --> 16:44.000]  So the timing is perfect.
[16:44.000 --> 16:45.000]  Excellent.
[16:45.000 --> 16:54.000]  Yeah, now, people, if you have a group of clients, you need to get your clients to register too because it only works if both people have a StartMail account.
[16:54.000 --> 16:56.000]  All right, that's very crucial.
[16:56.000 --> 16:57.000]  We'll be right back.
[16:57.000 --> 17:22.000]  This is a will of law.
[17:22.000 --> 17:37.000]  I think I love you.
[17:37.000 --> 17:45.000]  Did you know that you could extend your life by as much as 15% by taking young liberty products like tanny tangerine?
[17:45.000 --> 17:55.000]  My missus lost so much weight by taking tanny tangerine, she eventually disappeared, which will probably let me live an extra 15 years.
[17:55.000 --> 18:00.000]  Go to logosradionetwork.com and click the Ungevity banner.
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[19:01.000 --> 19:11.000]  You are listening to the Logos Radio Network, lo-lo-lo-logosradio network dot com.
[19:31.000 --> 19:41.000]  The Logos Radio Network, lo-lo-lo-logosradio network dot com.
[20:01.000 --> 20:30.000]  All right.
[20:30.000 --> 20:40.000]  All right.
[20:40.000 --> 20:42.000]  That's why we have Joe on.
[20:42.000 --> 20:44.000]  We have a special guest, Joe Esquivel.
[20:44.000 --> 20:46.000]  We've had him on before.
[20:46.000 --> 20:53.000]  And the reason I asked him to call in tonight is we had an interesting discussion earlier today.
[20:53.000 --> 21:07.000]  I always really enjoy kicking these things back and forth with somebody who knows what the heck is going on because he always helps me find insights.
[21:07.000 --> 21:11.000]  And, you know, I'm talking here to a microphone.
[21:11.000 --> 21:17.000]  It's not like you're sitting in front of someone where you can gauge their reactions.
[21:17.000 --> 21:35.000]  You're talking to air, so you have to be a lot more careful about how you structure your explanations and arguments because you can't see the responses of the person you're listening to.
[21:35.000 --> 21:46.000]  And when I can find someone with the exquisite level of knowledge, they help me to better structure my questions.
[21:46.000 --> 21:54.000]  I know that seems kind of counterintuitive that somebody who's more sophisticated would help me make something more simple, but it absolutely does.
[21:54.000 --> 22:13.000]  And frankly, the first time I had Joe on, he annoyed me big time because he made this insight into the structure of the note and how the security worked.
[22:13.000 --> 22:24.000]  I'd been working on this for four or five years to try to get sorted out what was actually going on from the trash that we hear kicked around.
[22:24.000 --> 22:31.000]  And he came in and threw an insight at me that I was annoyed that I had missed it.
[22:31.000 --> 22:36.000]  And we were talking about that earlier today. I wanted to bring Joe on and talk about these issues.
[22:36.000 --> 22:47.000]  I'd like you guys to hear us kick these things back and forth. They tend to be the most informative sessions.
[22:47.000 --> 22:56.000]  When I was talking to Joe, I was in a meeting and had someone sitting across from me, and he was entranced listening to us.
[22:56.000 --> 23:06.000]  He's only here in my side of the conversation, and I'm trying to structure what I'm saying to give him some clues of what was going on.
[23:06.000 --> 23:10.000]  But he found that extremely interesting, and that's what prompted me to want to bring Joe on again.
[23:10.000 --> 23:11.000]  Hello, Joe.
[23:11.000 --> 23:14.000]  Hello. How are you doing today?
[23:14.000 --> 23:17.000]  I'm annoyed.
[23:17.000 --> 23:19.000]  Welcome to my world.
[23:19.000 --> 23:26.000]  You're sort of like the Harmon Taylor of foreclosure issues.
[23:26.000 --> 23:33.000]  Harmon Taylor, every time I talk to him, it takes me two or three days to catch up.
[23:33.000 --> 23:38.000]  Well, that's a good thing I take it.
[23:38.000 --> 23:42.000]  It is a very good thing, and I need that.
[23:42.000 --> 23:53.000]  I do this show, and people who don't know anything about the subject, who are new to the subject, they hear me talking about this stuff,
[23:53.000 --> 23:57.000]  and they think, oh, gee whiz, you're so smart.
[23:57.000 --> 24:06.000]  Well, you know, I do process, and I've had people say, how can you memorize all of those codes?
[24:06.000 --> 24:11.000]  And I have to explain to them, it's not as hard as you think.
[24:11.000 --> 24:15.000]  I don't memorize the whole code.
[24:15.000 --> 24:21.000]  What we do as we study these things is we figure out which ones we don't have to bother with,
[24:21.000 --> 24:30.000]  and there's only about a half a dozen or so that I keep bringing up over and over out of the whole book and all of these codes.
[24:30.000 --> 24:44.000]  There's just 201, 203, 210, 211, 1403, 1406, 1517, Chapter 16, that's about it.
[24:44.000 --> 24:47.000]  You know, a couple more down the road, but there aren't that many.
[24:47.000 --> 24:54.000]  I keep going over and over, keep doing them over and over, and people get the idea that we're a lot smarter than we are.
[24:54.000 --> 25:03.000]  And I'm uncomfortable with that because the primary purpose of this show is so you'll understand that you can do what we're doing.
[25:03.000 --> 25:05.000]  It's not that hard.
[25:05.000 --> 25:07.000]  Now, don't go talk to a lawyer.
[25:07.000 --> 25:13.000]  He's going to try to make it sound incredibly complex because he doesn't want you to know what's going on.
[25:13.000 --> 25:16.000]  He wants you to pay him to know what's going on.
[25:16.000 --> 25:31.000]  So anyway, when I talk to someone like Joe, then he increases my level of understanding to the point that we can make this more understandable for you
[25:31.000 --> 25:37.000]  and help you mine through all of these different possibilities and get to the points that really matter.
[25:37.000 --> 25:47.000]  And the point I was referring to was the sale of a portion of the security instrument.
[25:47.000 --> 26:01.000]  I read that in Covenant 20 of the Deed of Trust, and I understood how the process worked that you write a note
[26:01.000 --> 26:08.000]  and then you create a security instrument in the form of a deed of trust or a mortgage to secure the note,
[26:08.000 --> 26:13.000]  and then the note is used as security for something else.
[26:13.000 --> 26:19.000]  And it was Joe that very cogently explained that something else.
[26:19.000 --> 26:32.000]  Will you explain what we were talking about earlier, how when the lender sells a portion of the note, how he screws things up?
[26:32.000 --> 26:33.000]  Okay.
[26:33.000 --> 26:38.000]  First, you're going to go back to where we started, Covenant 20.
[26:38.000 --> 26:55.000]  Covenant 20 in a Freddie Fannie multistate uniform document states, one, similar verbiage for all 50 states.
[26:55.000 --> 27:03.000]  Now, while each state has its own number, form, they basically read the same.
[27:03.000 --> 27:21.000]  It states, this note or a partial interest of this note may be sold together with the security instrument one or more times.
[27:21.000 --> 27:30.000]  Again, the note or a partial interest of the note may be sold together with the security instrument one or more times.
[27:30.000 --> 27:36.000]  The lender is telling you what their intention is to be.
[27:36.000 --> 27:48.000]  And then what they do is this document is filed, indexed, and recorded into public record.
[27:48.000 --> 27:54.000]  So now we have prima facie evidence as to what is going to happen.
[27:54.000 --> 28:03.000]  What they're talking about is your promise to pay, the intangible payment obligation.
[28:03.000 --> 28:10.000]  I, Joe Esquivel, promise to pay countrywide home loans for the next 360 months.
[28:10.000 --> 28:11.000]  Okay.
[28:11.000 --> 28:16.000]  That is a legal debt description.
[28:16.000 --> 28:24.000]  The tangible promissory note evidences this promise to pay.
[28:24.000 --> 28:36.000]  And the deed of trust is simply an alternative contract listing another means of collection should you not make your payments.
[28:36.000 --> 28:53.000]  Now, together, the tangible promissory note, the tangible deed of trust, and this intangible payment obligation constitute an entire instrument.
[28:53.000 --> 29:10.000]  And this entire instrument must be together at all times in order to remain an entire instrument, the mortgage loan.
[29:10.000 --> 29:26.000]  Now, one of the things is that everyone is asking Joe, how do you tie in the governing documents and the trust to the client?
[29:26.000 --> 29:28.000]  Simple.
[29:28.000 --> 29:38.000]  What we're going to do is we're going to bring up Trott in the factum.
[29:38.000 --> 29:40.000]  Okay. Hang on, Joe. We're about to go to break.
[29:40.000 --> 29:44.000]  This is Randy Kelton, Debbie Stevens, Rudy Blow Radio.
[29:44.000 --> 29:48.000]  Our call in number 512-646-1984.
[29:48.000 --> 29:52.000]  Those of you on the bridge already, hang on.
[29:52.000 --> 29:58.000]  We will probably go to the top of the hour and then we'll start taking calls.
[29:58.000 --> 30:02.000]  We'll be right back.
[30:02.000 --> 30:08.000]  Artificial food colors may make candy look nice, but they've been tied to hyperactivity and even cancer.
[30:08.000 --> 30:13.000]  Now, researchers say the blue dye in M&Ms is also a potent medication.
[30:13.000 --> 30:16.000]  I'm Dr. Catherine Albrecht, and I'll tell you more in just a moment.
[30:16.000 --> 30:18.000]  Privacy is under attack.
[30:18.000 --> 30:22.000]  When you give up data about yourself, you'll never get it back again.
[30:22.000 --> 30:27.000]  And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[30:27.000 --> 30:32.000]  To protect your rights, say no to surveillance and keep your information to yourself.
[30:32.000 --> 30:35.000]  Privacy, it's worth hanging on to.
[30:35.000 --> 30:38.000]  This public service announcement is brought to you by StartPage.com,
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[30:45.000 --> 30:48.000]  M&Ms are more than just a colorful snack.
[30:48.000 --> 30:55.000]  The food dye in blue M&Ms is nearly identical to the brilliant blue G dye that scientists are injecting into lab rats
[30:55.000 --> 30:57.000]  as an experimental spinal medication.
[30:57.000 --> 30:59.000]  Blue dye is petroleum-based.
[30:59.000 --> 31:03.000]  It's used to color food and drinks and products like shampoo and mouthwash.
[31:03.000 --> 31:08.000]  While the U.S. Food and Drug Administration has approved blue food dyes like those used in M&Ms,
[31:08.000 --> 31:13.000]  countries like Austria are considering a ban because of the links to childhood illnesses.
[31:13.000 --> 31:16.000]  As for me, I avoid artificial colors, period.
[31:16.000 --> 31:23.000]  I don't like spinal medications in my candy, and I don't want my world painted blue, or any other color for that matter.
[31:23.000 --> 31:30.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[31:30.000 --> 31:36.000]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[31:36.000 --> 31:38.000]  The government says that fire brought it down.
[31:38.000 --> 31:43.000]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[31:43.000 --> 31:46.000]  Over 6,000 of my fellow service members have given their lives.
[31:46.000 --> 31:49.000]  Thousands of my fellow first responders are dying.
[31:49.000 --> 31:51.000]  I'm not a conspiracy theorist. I'm a structural engineer.
[31:51.000 --> 31:53.000]  I'm a New York City correction officer. I'm an Air Force pilot.
[31:53.000 --> 31:57.000]  I'm a father who lost his son. We're Americans, and we deserve the truth.
[31:57.000 --> 32:00.000]  Go to RememberBuilding7.org today.
[32:00.000 --> 32:04.000]  Do you feel tired when talking about important topics like money and politics?
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[32:20.000 --> 32:26.000]  I had no idea that the number one cause of the disease is found in almost every home in America, the television.
[32:26.000 --> 32:31.000]  Unfortunately, that puts most Americans at risk of catching stupidity, but there is hope.
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[33:01.000 --> 33:11.000]  Live, free speech radio, logosradionetwork.com.
[33:11.000 --> 33:19.000]  Yeah, Mr. Officer, you're taking the line ahead.
[33:19.000 --> 33:23.000]  I want you to follow the law of the land.
[33:23.000 --> 33:26.000]  I don't understand.
[33:26.000 --> 33:29.000]  Your job is to protect our servers.
[33:29.000 --> 33:31.000]  Not beat Arabians.
[33:31.000 --> 33:34.000]  Officer!
[33:34.000 --> 33:56.000]  When you're gonna stop abuse, you're power.
[33:56.000 --> 34:02.000]  So please, Mr. Michael and each officer, not to abuse the power.
[34:02.000 --> 34:07.000]  Send a request to the leader, the captain of all officers.
[34:07.000 --> 34:12.000]  Tell them to uphold the law, or please don't abuse their power.
[34:12.000 --> 34:17.000]  They beat and they beat and they cheat and they cheat and they lie every hour.
[34:17.000 --> 34:18.000]  Okay, we are back.
[34:18.000 --> 34:23.000]  We're in Kelton Derby Stevens, New Law Radio, here with our special guest, Joe Esquivel.
[34:23.000 --> 34:27.000]  Okay, Joe, we were talking about the fraud and the factum.
[34:27.000 --> 34:29.000]  The fraud and the factum.
[34:29.000 --> 34:29.000]  Okay.
[34:29.000 --> 34:30.000]  Go ahead.
[34:30.000 --> 34:38.000]  This is very important, all right, because what is talked about in Covenant 20, all right,
[34:38.000 --> 34:46.000]  is selling a partial interest of your loan.
[34:46.000 --> 34:49.000]  Now, what is fraud and the factum?
[34:49.000 --> 34:56.000]  Fraud and the factum is the type of fraud where misrepresentation causes one to enter transaction
[34:56.000 --> 35:06.000]  without accurately realizing the risks, duties, or obligations incurred.
[35:06.000 --> 35:13.000]  So this can be when the maker of a negotiable instrument, such as a promissory note,
[35:13.000 --> 35:19.000]  is induced to sign the instrument without a reasonable opportunity to learn if it's fraudulent,
[35:19.000 --> 35:22.000]  character, or essential items.
[35:22.000 --> 35:27.000]  So the determination of whether an act constitutes fraud and the factum
[35:27.000 --> 35:30.000]  depends upon the considerations of all relevant factors.
[35:30.000 --> 35:39.000]  Very few people are educated enough to have an understanding as to what they were signing.
[35:39.000 --> 35:43.000]  In fact, many times in the States, even where you have an attorney,
[35:43.000 --> 35:50.000]  the attorney has not even told you, listen, this is what they're planning to do.
[35:50.000 --> 35:58.000]  So fraud and the factum usually void the instrument under State law, and it is a real defense.
[35:58.000 --> 36:01.000]  Joe, let me make a quick comment here.
[36:01.000 --> 36:02.000]  Sure.
[36:02.000 --> 36:08.000]  Keep in mind, when you sit down at the closing table,
[36:08.000 --> 36:14.000]  the closing agent puts in front of you this document called the Deed of Trust or a mortgage,
[36:14.000 --> 36:17.000]  which you've never seen before.
[36:17.000 --> 36:24.000]  It was created by the lender, provided to the closing trustee or agent,
[36:24.000 --> 36:28.000]  and the agent made it available to you.
[36:28.000 --> 36:38.000]  So it must be presumed that this document is worded precisely the way the lender intended that it be worded.
[36:38.000 --> 36:40.000]  Correct.
[36:40.000 --> 36:42.000]  Go ahead. That was...
[36:42.000 --> 36:44.000]  Correct. That you're 100% right.
[36:44.000 --> 36:53.000]  Now, again, there's a presumption when you ask, you know, is everything correct?
[36:53.000 --> 36:55.000]  They say, of course.
[36:55.000 --> 37:02.000]  You know, when you're at closing at the title company and the person in front of you says,
[37:02.000 --> 37:06.000]  oh, we've looked at everything, everything is true and correct.
[37:06.000 --> 37:08.000]  For whom?
[37:08.000 --> 37:14.000]  Because they do not even have an understanding as to what will be done.
[37:14.000 --> 37:21.000]  Many times the brokers have no idea what is being done.
[37:21.000 --> 37:29.000]  They just want to get this loan put together so they make the commission.
[37:29.000 --> 37:42.000]  And many times prior to the closing, that loan has already, an interest in that loan has already been sold forward.
[37:42.000 --> 37:59.000]  So when one sells an interest of this instrument, this instrument is now not an entire instrument.
[37:59.000 --> 38:02.000]  So let me resave what I'm saying.
[38:02.000 --> 38:08.000]  Because the instrument is comprised of the tangible promissory note,
[38:08.000 --> 38:17.000]  in Texas it would be the deed of trust, and the general obligation or the promise to pay,
[38:17.000 --> 38:20.000]  which is the debt itself.
[38:20.000 --> 38:31.000]  When a portion of this is sold into an RMBS or sold to a GSE such as Fannie Mae, all right,
[38:31.000 --> 38:40.000]  it is that asset, that promise to pay is what is sold.
[38:40.000 --> 38:53.000]  So if you have a dollar bill and you tear it in half, and I say, here, Randy, here's half the dollar bill.
[38:53.000 --> 38:59.000]  Randy, what can you do with that dollar bill, half that you have?
[38:59.000 --> 39:02.000]  Call it paper?
[39:02.000 --> 39:07.000]  Okay. Is it an entire instrument?
[39:07.000 --> 39:09.000]  Not from my perspective.
[39:09.000 --> 39:11.000]  Correct.
[39:11.000 --> 39:19.000]  So when you look at the entire instrument being comprised of these two tangible documents
[39:19.000 --> 39:30.000]  as one payment and tangible, when you remove one of the wheels, it is no longer a complete instrument.
[39:30.000 --> 39:39.000]  And pursuant to 3203, all right, and if we're in the state of Texas, all right, I'm going to use Texas.
[39:39.000 --> 39:53.000]  Okay, 3203, he is in talk, if a transferor purports to transfer less than the entire instrument,
[39:53.000 --> 39:59.000]  negotiation of the instrument does not occur.
[39:59.000 --> 40:08.000]  The transferee obtains no rights under this chapter and has only the rights of a partial assignee.
[40:08.000 --> 40:20.000]  Now, this is very, very powerful, because if you can wrap your heads around the entire instrument
[40:20.000 --> 40:36.000]  and ask yourself, was there a point in time when a portion of this instrument was sold, assigned, transferred
[40:36.000 --> 40:42.000]  that would make this instrument less whole?
[40:42.000 --> 40:48.000]  Because then negotiation of the instrument does not occur.
[40:48.000 --> 40:56.000]  And what you need to understand is that pursuant to the Texas Business and Commerce Code,
[40:56.000 --> 41:09.000]  this is the only statute that pertains to the transfer of instrument and rights acquired by transfer.
[41:09.000 --> 41:16.000]  Because what we are talking about is rights.
[41:16.000 --> 41:20.000]  Rights, rights, rights.
[41:20.000 --> 41:25.000]  It's not about ownership.
[41:25.000 --> 41:34.000]  And when you can wrap your heads around this, you will have one up on every one else.
[41:34.000 --> 41:40.000]  This is what makes this so powerful.
[41:40.000 --> 41:42.000]  Go on.
[41:42.000 --> 41:51.000]  One of the things here is that we tend not to notice or we tend not to put the pieces together.
[41:51.000 --> 41:57.000]  A lot of people come to me and they say, well, you know, I entered into the note with this company
[41:57.000 --> 41:59.000]  and they sold it to this company over here.
[41:59.000 --> 42:01.000]  I said, well, how do you know that?
[42:01.000 --> 42:05.000]  Well, I got this assignment of deed of trust.
[42:05.000 --> 42:07.000]  Okay.
[42:07.000 --> 42:09.000]  That's part of it.
[42:09.000 --> 42:15.000]  Will you explain what the problem with that is, if it is an assignment of the deed of trust?
[42:15.000 --> 42:17.000]  Sure.
[42:17.000 --> 42:23.000]  Let's go ahead and attack what is an assignment?
[42:23.000 --> 42:26.000]  What is the purpose of an assignment?
[42:26.000 --> 42:40.000]  An assignment, the entire purpose of an assignment is used to memorialize the sale of the tangible promissory note.
[42:40.000 --> 42:45.000]  That is it.
[42:45.000 --> 42:52.000]  It is used to memorialize the sale of the tangible promissory note.
[42:52.000 --> 43:03.000]  So if they are, if there is a sale or an assignment of deed of trust,
[43:03.000 --> 43:10.000]  then because the deed of trust and note are to be construed as one instrument,
[43:10.000 --> 43:17.000]  then there should be a matching endorsement that would match the assignment.
[43:17.000 --> 43:26.000]  And the same party to whom it was assigned to should also be the sole party with sole interest in the intangible payment obligation.
[43:26.000 --> 43:37.000]  Otherwise, if a transfer purports to transfer less than the entire instrument, negotiation of the instrument does not occur.
[43:37.000 --> 43:43.000]  Okay, hang on. This is Randy Kelton, Deborah Stevens, Rule of Law Radio.
[43:43.000 --> 43:46.000]  We will be on with this for one more segment.
[43:46.000 --> 43:48.000]  Then we'll go to callers.
[43:48.000 --> 43:51.000]  So if you called in earlier, give us a call back.
[43:51.000 --> 43:54.000]  When we go to the after the top of the hour, we'll start taking calls.
[43:54.000 --> 44:01.000]  Our call in number 512-646-1984 will be right.
[44:01.000 --> 44:04.000]  Mr. President, members of Congress,
[44:04.000 --> 44:08.000]  you've been making a lot of noise about taking our guns away,
[44:08.000 --> 44:11.000]  but you might want to review history.
[44:11.000 --> 44:15.000]  1835, Gonzales, Texas Territory.
[44:15.000 --> 44:20.000]  The authorities wanted to confiscate the big gun that protected that colony.
[44:20.000 --> 44:22.000]  You know what the people said?
[44:22.000 --> 44:24.000]  Come and take it.
[44:24.000 --> 44:29.000]  Because they were willing to fight for their freedom and their guns.
[44:29.000 --> 44:31.000]  So are we.
[44:31.000 --> 44:34.000]  Come and take it if you want it.
[44:34.000 --> 44:37.000]  Come and take it if you think you can.
[44:37.000 --> 44:40.000]  Come and take it, but I want you.
[44:40.000 --> 44:43.000]  You'll have to cry it from my cold dead hands.
[44:43.000 --> 44:46.000]  We want the freedom that God gave us.
[44:46.000 --> 44:49.000]  So you best not cross that line.
[44:49.000 --> 44:54.000]  If you want this gun, you've got to come through us and take it.
[44:54.000 --> 44:57.000]  One shot at a time.
[44:57.000 --> 45:01.000]  Just like Gonzales, we're keeping our guns.
[45:01.000 --> 45:04.000]  Are you the plaintiff or defendant in a lawsuit?
[45:04.000 --> 45:07.000]  Win your case without an attorney with Jurisdictionary,
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[45:56.000 --> 46:01.000]  or call toll-free, 866-LAW-EZ.
[46:01.000 --> 46:29.000]  Okay.
[46:29.000 --> 46:31.000]  Okay, we are back.
[46:31.000 --> 46:34.000]  Randy Kelton, David Stevens, Rule of Law Radio.
[46:34.000 --> 46:37.000]  And we're here with our special guest, Joe Esquivel.
[46:37.000 --> 46:41.000]  And we're talking about the...
[46:41.000 --> 46:45.000]  When we went out, we were talking about the assignment of the Deed of Trust.
[46:45.000 --> 46:55.000]  Now, after 2008 or 9, when the foreclosure mills started really cranking up
[46:55.000 --> 47:02.000]  and people began to object to them, I guess mostly after 2010,
[47:02.000 --> 47:09.000]  after the major banks entered into this stipulation
[47:09.000 --> 47:11.000]  with the Office of the Comptroller of the Currency
[47:11.000 --> 47:17.000]  where they stipulated that they had been prosecuting fraudulent foreclosures,
[47:17.000 --> 47:23.000]  when they did the assignments, they started asserting on the assignment
[47:23.000 --> 47:30.000]  that they were assigning the Deed of Trust and the note,
[47:30.000 --> 47:37.000]  whereas before that, they were mostly only mentioned the Deed of Trust.
[47:37.000 --> 47:41.000]  And I suspect that's because the presumption was
[47:41.000 --> 47:47.000]  is that the note and the Deed of Trust always move together.
[47:47.000 --> 47:52.000]  But I have a problem with that because they're claiming they're transferring...
[47:52.000 --> 47:58.000]  They're assigning the Deed of Trust when the Deed of Trust follows the note.
[47:58.000 --> 48:03.000]  If they're assigning that thing, then they should be assigning the note
[48:03.000 --> 48:08.000]  and they wouldn't have to mention the Deed of Trust because it would follow.
[48:08.000 --> 48:11.000]  Does that make sense, Joe?
[48:11.000 --> 48:16.000]  Yes. If you go even deeper than that, all right,
[48:16.000 --> 48:21.000]  the only place the MERS exists is within the security instrument.
[48:21.000 --> 48:24.000]  It cannot exist anywhere else.
[48:24.000 --> 48:27.000]  And the only reason it exists is because there is a claim
[48:27.000 --> 48:35.000]  of an agency relationship under and MERS.
[48:35.000 --> 48:40.000]  And we give them that when we sign it under the definitions.
[48:40.000 --> 48:43.000]  Okay. Now, let me test that one.
[48:43.000 --> 48:47.000]  That's the one I've looked at.
[48:47.000 --> 48:56.000]  MERS is mentioned in the definitions as the nominee for the lender,
[48:56.000 --> 48:58.000]  whatever nominee means.
[48:58.000 --> 49:02.000]  When I use nominee, you know, if I needed an agent,
[49:02.000 --> 49:06.000]  I might want to get the best agent, so I'd nominate half a dozen.
[49:06.000 --> 49:14.000]  And then I would pick through the MC which ones agreed to accept my nomination.
[49:14.000 --> 49:21.000]  I'd pick through the ones I nominated and I would appoint one as an agent.
[49:21.000 --> 49:29.000]  So that's the definition I find of nominee in Blacks and in Webster.
[49:29.000 --> 49:35.000]  But the one used in this document doesn't match either one of those.
[49:35.000 --> 49:40.000]  And I'm assuming that they mean agent.
[49:40.000 --> 49:45.000]  So you loan me money to buy a property and you say,
[49:45.000 --> 49:49.000]  okay, you give me this promise to pay, but I want more than that.
[49:49.000 --> 49:55.000]  I want a security instrument, so I want a claim against the property.
[49:55.000 --> 49:58.000]  So you can't dispose of the property.
[49:58.000 --> 50:01.000]  I can make sure you take care of it and insure it
[50:01.000 --> 50:04.000]  so that it's available as collateral for my note.
[50:04.000 --> 50:06.000]  And I say, okay, I can do that.
[50:06.000 --> 50:07.000]  Yeah, I'll do that.
[50:07.000 --> 50:13.000]  But I tell you what, I don't like your agent you have representing you.
[50:13.000 --> 50:18.000]  I think I'm going to fire him and I'm going to hire my brother-in-law.
[50:18.000 --> 50:26.000]  Well, what do you like to say about that?
[50:26.000 --> 50:35.000]  The problem is how did I, as the borrower, appoint the agent for the lender?
[50:35.000 --> 50:40.000]  If it is the position of the lender that by that reference to Merz,
[50:40.000 --> 50:47.000]  Merz is appointed, then I'm going to fire him.
[50:47.000 --> 50:56.000]  And we've been filing notices in the record that Merz is removed as agent for the lender.
[50:56.000 --> 51:00.000]  So if they don't like it, they can always go to the district court
[51:00.000 --> 51:06.000]  and ask the court to rule that that document is void and no force in effect.
[51:06.000 --> 51:09.000]  And they're going to go to the court and say, well, you can't fire Merz.
[51:09.000 --> 51:11.000]  I said, sure, I can. I hired him.
[51:11.000 --> 51:15.000]  And if they say, no, you didn't hire him, we did.
[51:15.000 --> 51:21.000]  Well, I don't see anything that shows that Merz was appointed as agent to represent you.
[51:21.000 --> 51:24.000]  I looked in the record and didn't find any power of attorney.
[51:24.000 --> 51:29.000]  So if I didn't hire him, then they were hired in the first place.
[51:29.000 --> 51:34.000]  If I did hire him, if I had the power to hire him, I'd fire him.
[51:34.000 --> 51:39.000]  You didn't appoint him because you didn't sign the deed of trust.
[51:39.000 --> 51:42.000]  Everything in the deed of trust is a grant by me.
[51:42.000 --> 51:51.000]  And one of the grants in the deed of trust is a grant of legal title to Merz.
[51:51.000 --> 52:03.000]  The way I read, I think 22.01 of the business commerce code, that is forbidden by statute.
[52:03.000 --> 52:09.000]  A lender in Texas cannot require the borrower to transfer the property to the lender.
[52:09.000 --> 52:13.000]  If Merz is in fact a proper agent for the lender,
[52:13.000 --> 52:19.000]  then we've just taken legal title away from the trustee and given it to Merz.
[52:19.000 --> 52:24.000]  That's not a trust. That's a grant. That's a mortgage.
[52:24.000 --> 52:29.000]  During a deed of trust date, at least in Texas, that's forbidden.
[52:29.000 --> 52:32.000]  That's my story. I'm sticking to it.
[52:32.000 --> 52:37.000]  But what I was really going through is definitions. This is where we're having problems.
[52:37.000 --> 52:39.000]  What do these terms mean?
[52:39.000 --> 52:48.000]  What does it mean when the document says that you understand that Merz holds no beneficial interest
[52:48.000 --> 52:52.000]  but only holds legal title?
[52:52.000 --> 53:00.000]  I thought I granted legal title to the trustee to hold in trust.
[53:00.000 --> 53:08.000]  And now it comes down here and says, no, we didn't give it to the trustee. We gave it to Merz.
[53:08.000 --> 53:10.000]  I think I kind of got off my point.
[53:10.000 --> 53:18.000]  The biggest point about that and one of the arguments that we're making is these terms are not defined.
[53:18.000 --> 53:22.000]  However, they're using legal title.
[53:22.000 --> 53:26.000]  That must mean something else than what we think it does.
[53:26.000 --> 53:29.000]  Because if it meant what we think it does,
[53:29.000 --> 53:35.000]  then the document would be in violation of state law and would be void on its face.
[53:35.000 --> 53:37.000]  Do you have any comment on that, Joe?
[53:37.000 --> 53:40.000]  You are right to a point.
[53:40.000 --> 53:49.000]  Again, if you break it down simple, okay, if you actually get to the heart of what is being done.
[53:49.000 --> 53:50.000]  All right.
[53:50.000 --> 53:55.000]  Let's just, again, the document that Merz purports to be an assignment.
[53:55.000 --> 54:04.000]  The first question that runs across my mind is, is this document eligible to be recorded?
[54:04.000 --> 54:07.000]  Okay.
[54:07.000 --> 54:18.000]  Because they can make a document that they claim to be an assignment of mortgage.
[54:18.000 --> 54:29.000]  But this assignment of mortgage many times does not contain conditions over which include the right of enforcement.
[54:29.000 --> 54:39.000]  Because Merz never received any rights pursuant to Nemo Dad, one cannot sell, but one does not own.
[54:39.000 --> 54:49.000]  So if Merz never acquired any rights, then Merz could not transfer any rights.
[54:49.000 --> 54:59.000]  Right. And you'll often see on the assignment they list Merz as the original mortgageee.
[54:59.000 --> 55:04.000]  So is that what they mean by nominee?
[55:04.000 --> 55:12.000]  I still haven't figured that out because, again, they're just wearing different hats.
[55:12.000 --> 55:13.000]  All right.
[55:13.000 --> 55:16.000]  Go back to 3203D.
[55:16.000 --> 55:17.000]  All right.
[55:17.000 --> 55:20.000]  Use this in the assignment.
[55:20.000 --> 55:21.000]  All right.
[55:21.000 --> 55:22.000]  Think about it.
[55:22.000 --> 55:32.000]  When it says Merz transfers together all beneficial interest that it has.
[55:32.000 --> 55:37.000]  Now, let's just say it didn't say the note.
[55:37.000 --> 55:39.000]  One, you can't assign the note.
[55:39.000 --> 55:42.000]  You transfer and negotiate and deliver the note.
[55:42.000 --> 55:51.000]  But it says right here, indeed, if a transfer purports to transfer less the entire instrument.
[55:51.000 --> 55:52.000]  Okay.
[55:52.000 --> 55:55.000]  What do we say the entire instrument was?
[55:55.000 --> 55:57.000]  Tangible promissory note?
[55:57.000 --> 56:03.000]  Did Merz transfer the tangible promissory note?
[56:03.000 --> 56:05.000]  Yes or no?
[56:05.000 --> 56:07.000]  It's real simple.
[56:07.000 --> 56:08.000]  No.
[56:08.000 --> 56:10.000]  Okay.
[56:10.000 --> 56:17.000]  Did Merz transfer the intangible payment obligation?
[56:17.000 --> 56:20.000]  Yes or no?
[56:20.000 --> 56:22.000]  No.
[56:22.000 --> 56:24.000]  Okay.
[56:24.000 --> 56:31.000]  Well, if Merz actually held the payment obligation, maybe.
[56:31.000 --> 56:34.000]  But there was nothing to indicate that they hold it.
[56:34.000 --> 56:41.000]  Again, they must be named to the sole party of interest.
[56:41.000 --> 56:57.000]  For there to be a right to enforce any part of the instrument, all three parts, the tangible and intangible, must be named to the same party.
[56:57.000 --> 57:01.000]  Otherwise, you are less an entire instrument.
[57:01.000 --> 57:05.000]  What is it in a nutshell?
[57:05.000 --> 57:20.000]  So, again, if the assignment, if Merz is coming forth, claim an agency relationship, whether it be nominee, beneficiary, or mortgagee, fine.
[57:20.000 --> 57:24.000]  You did an assignment of deed of trust.
[57:24.000 --> 57:26.000]  Okay.
[57:26.000 --> 57:31.000]  What did you assign and to whom?
[57:31.000 --> 57:46.000]  Because if I check public record and it says Bank of America, however, I was at the Fannie Mae website and it said that Fannie Mae is claiming to be an investor.
[57:46.000 --> 57:54.000]  Do we have one party claiming the entire instrument or do we have multiple parties claiming a portion of the instrument?
[57:54.000 --> 58:00.000]  Okay, let me read a quick quote from a case one of my listeners sent me.
[58:00.000 --> 58:03.000]  It's from a Nevada case.
[58:03.000 --> 58:10.000]  Since Merz admits that it does not actually receive or forfeit money from borrowers.
[58:10.000 --> 58:13.000]  Oops, I lost it.
[58:13.000 --> 58:15.000]  Is that the other one?
[58:15.000 --> 58:22.000]  This is the Merz V. Medina.
[58:22.000 --> 58:23.000]  Okay.
[58:23.000 --> 58:29.000]  Merz admits that it does not actually receive or forfeit money when borrowers fail to make their payments.
[58:29.000 --> 58:36.000]  Merz has to at least provide evidence of its alleged agency relationship with the real party in interest.
[58:36.000 --> 58:40.000]  They can't get that from the deed of trust because the borrower can't appoint them.
[58:40.000 --> 58:41.000]  We'll be right back on the other side.
[58:41.000 --> 58:48.000]  This is Randy Calcadero-Stevens with Joe Esquivel, call in number 512-646-1984.
[58:48.000 --> 58:50.000]  We'll be right back.
[58:50.000 --> 58:58.000]  The Bible remains the most popular book in the world, yet countless readers are frustrated because they struggle to understand it.
[58:58.000 --> 59:06.000]  Some new translations try to help by simplifying the text, but in the process can compromise the profound meaning of the scripture.
[59:06.000 --> 59:09.000]  Enter the recovery version.
[59:09.000 --> 59:18.000]  First, this new translation is extremely faithful and accurate, but the real story is the more than 9,000 explanatory footnotes.
[59:18.000 --> 59:28.000]  Difficult and profound passages are opened up in a marvelous way, providing an entrance into the riches of the Word beyond which you've ever experienced before.
[59:28.000 --> 59:33.000]  Bibles for America would like to give you a free recovery version simply for the asking.
[59:33.000 --> 59:47.000]  This comprehensive yet compact study Bible is yours just by calling us toll free at 1-888-551-0102 or by ordering online at freestudybible.com.
[59:47.000 --> 59:50.000]  That's freestudybible.com.
[59:50.000 --> 01:00:03.000]  You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:03.000 --> 01:00:15.000]  You're listening to The Liberty Beads, your daily source for Liberty news and activist updates, online at TheLibertyBeads.com.
[01:00:15.000 --> 01:00:20.000]  John Bush here with your Liberty Beat for Thursday, August 8th, 2013.
[01:00:20.000 --> 01:00:28.000]  Gold opened today at $1,292, silver at $19.81, and bitcoin is trading at $93.
[01:00:28.000 --> 01:00:33.000]  Support for The Liberty Beat comes from Carmacazi Productions, the production house bringing you sovereign living to show,
[01:00:33.000 --> 01:00:40.000]  specializing in high-quality audio recording and video production for the Liberty Movement, online at carmacazi.tv,
[01:00:40.000 --> 01:00:48.000]  and from Central Texas Gunworks, CHL courses, self-defense training, and firearm sales, online at centraltexasgunworks.com.
[01:00:48.000 --> 01:00:49.000]  And now the news.
[01:00:49.000 --> 01:00:54.000]  On Monday, Reuters reported that the Special Operations Division of the Drug Enforcement Agency
[01:00:54.000 --> 01:01:01.000]  gathers information from overseas NSA logs, domestic wiretaps, informants, and a large DEA database of telephone records
[01:01:01.000 --> 01:01:06.000]  to give to law enforcement officials around the country to aid in their investigations.
[01:01:06.000 --> 01:01:13.000]  Reuters obtained documents which describe the database, known as DICE, as well as a 350-word entry in the Internal Revenue Manual,
[01:01:13.000 --> 01:01:17.000]  which instructs agents of the IRS to recreate the investigative trail
[01:01:17.000 --> 01:01:22.000]  and omit reference to tips supplied by the DEA Special Operations Division.
[01:01:22.000 --> 01:01:33.000]  This process is known as parallel construction and involves concealing the source of tips and falsifying reports.
[01:01:33.000 --> 01:01:40.000]  The Austin City Council will be voting today on a new $60 million contract to increase the smart meter system in Austin, Texas.
[01:01:40.000 --> 01:01:45.000]  The contract is to implement a two-way communication system that has health and privacy advocates concerned.
[01:01:45.000 --> 01:01:51.000]  The new contract will increase the levels of radiation and will query our electricity usage multiple times a minute
[01:01:51.000 --> 01:01:57.000]  and enable communication with devices in our homes, such as dryers, A.C., dishwashers, and more.
[01:01:57.000 --> 01:02:01.000]  We caught up with Dr. Laura Presley, a longtime opponent of smart meter technology,
[01:02:01.000 --> 01:02:05.000]  who had this to say about why smart meters are bad for Austinites.
[01:02:05.000 --> 01:02:09.000]  There are a lot of health and privacy concerns with regard to smart meters.
[01:02:09.000 --> 01:02:14.000]  There's radiation issues with them, there are people that are sensitive to it, and there are also privacy issues.
[01:02:14.000 --> 01:02:22.000]  They want to monitor our every-moment usage of electricity so they can charge higher prices for peak rates,
[01:02:22.000 --> 01:02:24.000]  and we need to speak out against this.
[01:02:24.000 --> 01:02:29.000]  Austinites opposed to smart meter expansion in Austin are encouraged to email, call, or show up to City Hall today
[01:02:29.000 --> 01:02:31.000]  to voice their concerns on the matter.
[01:02:31.000 --> 01:02:37.000]  More information as well as phone numbers and email addresses to contact at TheLibertyBeat.com.
[01:02:37.000 --> 01:02:42.000]  Support for The Liberty Beat comes from the second annual Peaceful Streets Police Accountability Summit,
[01:02:42.000 --> 01:02:47.000]  August 17th, 10 a.m. to 4 p.m. at the AT&T Executive Conference Center on UT campus.
[01:02:47.000 --> 01:02:53.000]  Speakers include Bobby Seale of the Black Panther Party and Radley Valco, author of Rise of the Warrior Cop.
[01:02:53.000 --> 01:02:55.000]  Information at PeacefulStreets.com.
[01:02:55.000 --> 01:03:00.000]  This is The Liberty Beat for August 8th, 2013.
[01:03:26.000 --> 01:03:28.000]  How are we, sir?
[01:03:45.000 --> 01:03:47.000]  Okay, we are back.
[01:03:47.000 --> 01:03:50.000]  Randy Kelton, Debbie Stevens, with Indian Law Radio.
[01:03:50.000 --> 01:03:52.000]  And we're going to go to our callers.
[01:03:52.000 --> 01:03:55.000]  This is Debbie in California.
[01:03:55.000 --> 01:03:58.000]  Hello, Ms. Debbie, what do you have for us today?
[01:03:58.000 --> 01:04:00.000]  Hi, how are you?
[01:04:00.000 --> 01:04:02.000]  I'm just wondering, is Ann on the line?
[01:04:02.000 --> 01:04:05.000]  I'd rather her, she's supposed to be on.
[01:04:05.000 --> 01:04:07.000]  And if she could take over and ask, the question is not that I can.
[01:04:07.000 --> 01:04:09.000]  Who is Ann?
[01:04:09.000 --> 01:04:11.000]  We don't have an Ann.
[01:04:11.000 --> 01:04:15.000]  We've got Debbie, Cicelynn, and Chris.
[01:04:15.000 --> 01:04:17.000]  Right, also Ann is not on the line.
[01:04:17.000 --> 01:04:20.000]  I've never, who is Ann, ma'am?
[01:04:20.000 --> 01:04:21.000]  It's a friend of mine.
[01:04:21.000 --> 01:04:24.000]  Oh, okay, no, there's no Ann that has called in.
[01:04:24.000 --> 01:04:26.000]  Okay, all right, my name is Debbie.
[01:04:26.000 --> 01:04:27.000]  Hi, Randy.
[01:04:27.000 --> 01:04:30.000]  I'm so impressed with all of your knowledge.
[01:04:30.000 --> 01:04:35.000]  And, you know, I have been battling HSBC for quite some time
[01:04:35.000 --> 01:04:42.000]  and have filed several lawsuits against them in reference to trying to stop them
[01:04:42.000 --> 01:04:45.000]  from trying to, you know, do what they've been doing.
[01:04:45.000 --> 01:04:49.000]  And it went as far as the appellate court.
[01:04:49.000 --> 01:04:51.000]  And in the appellate court, they denied it.
[01:04:51.000 --> 01:04:56.000]  Now, some of the actions that we brought against them were the robo-signing.
[01:04:56.000 --> 01:05:02.000]  Actually, the secretary of the MERS had signed off on one of the deeds.
[01:05:02.000 --> 01:05:06.000]  And so, I mean, trying to get, our judicial system is so corrupt.
[01:05:06.000 --> 01:05:15.000]  You know, my question to you is, you know, is there anything that can be done to stop these guys?
[01:05:15.000 --> 01:05:21.000]  Well, the legal climate is changing.
[01:05:21.000 --> 01:05:32.000]  And a lot of this may well be that we don't understand what the courts are ruling on.
[01:05:32.000 --> 01:05:37.000]  I accuse the courts of being corrupt, but as I look deeper,
[01:05:37.000 --> 01:05:44.000]  often the problem is ours in that we haven't given the court enough to work with.
[01:05:44.000 --> 01:05:47.000]  We have Harmon Taylor on.
[01:05:47.000 --> 01:05:55.000]  And Harmon Taylor keeps talking about how the judges are always trying to teach you.
[01:05:55.000 --> 01:06:01.000]  When they render a ruling, they tend to tell you why they rule the way they do.
[01:06:01.000 --> 01:06:06.000]  When we first started doing this, we have about 600 lawsuits that we've helped people file.
[01:06:06.000 --> 01:06:11.000]  When we first started, the courts just dismissed our cases out of hand.
[01:06:11.000 --> 01:06:14.000]  And we kept redoing them and working on them.
[01:06:14.000 --> 01:06:26.000]  And of late, we seem to have the courts actually giving us good reasons why they're dismissing our cases.
[01:06:26.000 --> 01:06:28.000]  We just had one dismissed in California.
[01:06:28.000 --> 01:06:35.000]  And when I read the rationale, I agreed 100%.
[01:06:35.000 --> 01:06:39.000]  The judge did it just exactly right.
[01:06:39.000 --> 01:06:43.000]  He explained exactly why he ruled the way he ruled.
[01:06:43.000 --> 01:06:45.000]  We need to pay real close attention.
[01:06:45.000 --> 01:06:49.000]  There are issues we have to bring.
[01:06:49.000 --> 01:06:52.000]  You brought up the issue of global signers.
[01:06:52.000 --> 01:07:02.000]  Did you send a letter to each company for whom someone signed a document
[01:07:02.000 --> 01:07:11.000]  requesting from the company evidence of power of attorney for the individual?
[01:07:11.000 --> 01:07:13.000]  That was the question.
[01:07:13.000 --> 01:07:15.000]  No, no.
[01:07:15.000 --> 01:07:18.000]  Okay, you need to do that.
[01:07:18.000 --> 01:07:26.000]  This person, okay, this goes back to never stipulate to anything.
[01:07:26.000 --> 01:07:28.000]  This person signed this note.
[01:07:28.000 --> 01:07:36.000]  Look at the document and determine what you actually know.
[01:07:36.000 --> 01:07:38.000]  This is a hard thing to do.
[01:07:38.000 --> 01:07:48.000]  And this is something that Joe and I talked about earlier about separating what you think from what you know.
[01:07:48.000 --> 01:07:58.000]  Now, what you know is there's a document filed in the record purporting to do this assignment.
[01:07:58.000 --> 01:08:07.000]  And it has this person's signature on it as the person making these proactive statements.
[01:08:07.000 --> 01:08:13.000]  That's what you know as to the proactive statements made in the documents.
[01:08:13.000 --> 01:08:16.000]  You don't know squat.
[01:08:16.000 --> 01:08:23.000]  You know this guy said it and this guy purported to be someone who had authority to make this filing,
[01:08:23.000 --> 01:08:26.000]  but you don't know if he did or not.
[01:08:26.000 --> 01:08:29.000]  You don't know if any of those facts in there are true.
[01:08:29.000 --> 01:08:37.000]  And in law, you never have to accept anything someone else says is true.
[01:08:37.000 --> 01:08:48.000]  If someone makes a proactive statement of fact without incontrovertible evidence, then you dispute the fact.
[01:08:48.000 --> 01:08:57.000]  This document is filed with a signature on it asserting power of attorney to sign for the company.
[01:08:57.000 --> 01:09:05.000]  Whether they actually state they have power of attorney, some do, the signature on the document makes the assertion.
[01:09:05.000 --> 01:09:10.000]  Well, if you're going to charge robo-signing, you can go to the court and say,
[01:09:10.000 --> 01:09:15.000]  Your Honor, this guy's a robo-signer while his name is splattered all over the Internet.
[01:09:15.000 --> 01:09:18.000]  The judge is going to say so.
[01:09:18.000 --> 01:09:23.000]  That doesn't mean he doesn't have capacity to sign in this instance.
[01:09:23.000 --> 01:09:28.000]  So you say, Your Honor, this guy's a robo-signer, his name is splattered all over the Internet.
[01:09:28.000 --> 01:09:36.000]  So we sent a letter to the entity for whom he alleged to exercise power of attorney
[01:09:36.000 --> 01:09:43.000]  and requested evidence of said power of attorney as we did not find that evidence in the county record.
[01:09:43.000 --> 01:09:47.000]  And the entity failed to provide a responsive answer.
[01:09:47.000 --> 01:09:53.000]  Therefore, we have reason to believe and do believe based on this evidence that this guy's a robo-signer.
[01:09:53.000 --> 01:09:57.000]  Now the judge has something to wrap his head around.
[01:09:57.000 --> 01:10:02.000]  Now you have overcome prima facie.
[01:10:02.000 --> 01:10:10.000]  When that document's filed, prima facie, it is prima facie evidence of a valid filing.
[01:10:10.000 --> 01:10:14.000]  And it will stand as valid until it's challenged.
[01:10:14.000 --> 01:10:21.000]  So now you, first thing you have to do is get some evidence.
[01:10:21.000 --> 01:10:24.000]  Right.
[01:10:24.000 --> 01:10:26.000]  Go ahead.
[01:10:26.000 --> 01:10:28.000]  No, I understand exactly what you're saying.
[01:10:28.000 --> 01:10:30.000]  The burden of proof lays here with me.
[01:10:30.000 --> 01:10:32.000]  I need to prove.
[01:10:32.000 --> 01:10:37.000]  Not so much burden of proof, but just simply prima facie.
[01:10:37.000 --> 01:10:44.000]  He provided prima facie evidence of his standing by the filing.
[01:10:44.000 --> 01:10:48.000]  Now you pushed the prima facie back to the other side.
[01:10:48.000 --> 01:10:53.000]  On the face of it, he didn't have that because of these facts.
[01:10:53.000 --> 01:10:58.000]  And it has to be a fact related to the document itself.
[01:10:58.000 --> 01:11:06.000]  So do that, also send a letter to all of the notaries asking for evidence of authentication.
[01:11:06.000 --> 01:11:09.000]  That's one of the areas he screwed up real bad.
[01:11:09.000 --> 01:11:13.000]  You can't just go in there and say this is a bogus notary.
[01:11:13.000 --> 01:11:18.000]  But you can go in there and say, Ron, we had reason to believe that this was bogus notary.
[01:11:18.000 --> 01:11:24.000]  So we sent a request to the notary requesting evidence of the authentication.
[01:11:24.000 --> 01:11:29.000]  And if it's the states that don't require a sequential ledger, then they're going to say,
[01:11:29.000 --> 01:11:31.000]  we don't have to have a sequential ledger.
[01:11:31.000 --> 01:11:35.000]  You might know that, but you're a licensed professional.
[01:11:35.000 --> 01:11:39.000]  This is a profession that's practiced for pay.
[01:11:39.000 --> 01:11:47.000]  One would expect tax records to account for the income from these authentications.
[01:11:47.000 --> 01:11:52.000]  And that would provide evidence of the authentication, but they didn't provide any evidence.
[01:11:52.000 --> 01:11:57.000]  So we have reason to believe they didn't do a proper authentication.
[01:11:57.000 --> 01:12:00.000]  Now you can raise the issue and push.
[01:12:00.000 --> 01:12:03.000]  They have to overcome that issue.
[01:12:03.000 --> 01:12:07.000]  But the case has already been dismissed.
[01:12:07.000 --> 01:12:09.000]  Okay.
[01:12:09.000 --> 01:12:19.000]  Subject matter jurisdiction, that should always be the first issue you raise.
[01:12:19.000 --> 01:12:30.000]  Joe, will you explain why the problem with the note would affect subject matter jurisdiction of the foreclosing agent?
[01:12:30.000 --> 01:12:34.000]  Okay.
[01:12:34.000 --> 01:12:37.000]  Okay, I don't know how deep you want to go on that one.
[01:12:37.000 --> 01:12:43.000]  Actually, I was going to standing to invoke subject matter jurisdiction of the court.
[01:12:43.000 --> 01:12:45.000]  Who the heck are you?
[01:12:45.000 --> 01:12:50.000]  Very few parties coming forward have standing.
[01:12:50.000 --> 01:12:57.000]  And if they do claim standing, are they claiming constitutional standing or prudential standing?
[01:12:57.000 --> 01:13:09.000]  I mean, if you have a summary judgment ruled against you in the bank's favor for a foreclosure sale,
[01:13:09.000 --> 01:13:18.000]  all one need do is raise issues of material fact in order to overturn the summary judgment.
[01:13:18.000 --> 01:13:27.000]  Because when you show issues of material fact and you can quite easily, it then goes to law of voids
[01:13:27.000 --> 01:13:32.000]  and there's a good chance that you can void the summary judgment.
[01:13:32.000 --> 01:13:34.000]  Yes, especially summary judgments.
[01:13:34.000 --> 01:13:41.000]  Courts really frown on those because they tend to deny one party or the other,
[01:13:41.000 --> 01:13:47.000]  especially when the summary judgment is default, the opportunity to seek remedy.
[01:13:47.000 --> 01:13:55.000]  So if you get a summary judgment, they're probably some of the easiest ones to get overturned.
[01:13:55.000 --> 01:13:57.000]  But it can be done.
[01:13:57.000 --> 01:14:01.000]  Again, you need to raise issues of material fact.
[01:14:01.000 --> 01:14:05.000]  So what have we been talking about tonight?
[01:14:05.000 --> 01:14:09.000]  We've been talking about rights, rights acquired.
[01:14:09.000 --> 01:14:17.000]  So if the party that has received the summary judgment for the foreclosure sale,
[01:14:17.000 --> 01:14:23.000]  meaning that there was a plaintiff in court claiming that they had the rights to the obligation.
[01:14:23.000 --> 01:14:25.000]  Okay.
[01:14:25.000 --> 01:14:31.000]  What rights did they have and how did they acquire them?
[01:14:31.000 --> 01:14:32.000]  Again.
[01:14:32.000 --> 01:14:42.000]  Where we're at now is that we have not received a trustee sale date or anything.
[01:14:42.000 --> 01:14:47.000]  And it's been, the last one we received was in 2007.
[01:14:47.000 --> 01:14:53.000]  And my question is, do they have to start all over with a notice of default?
[01:14:53.000 --> 01:14:54.000]  Whoa, hold on.
[01:14:54.000 --> 01:14:56.000]  You're in California?
[01:14:56.000 --> 01:14:57.000]  Yes.
[01:14:57.000 --> 01:15:02.000]  We've only got six years in California from point of default.
[01:15:02.000 --> 01:15:05.000]  They may be beyond statute of limitations.
[01:15:05.000 --> 01:15:08.000]  And it's something to look at, correct.
[01:15:08.000 --> 01:15:09.000]  Meaning what?
[01:15:09.000 --> 01:15:11.000]  In Texas, it's four years.
[01:15:11.000 --> 01:15:16.000]  So I'm not certain about the statute of limitations in California.
[01:15:16.000 --> 01:15:30.000]  You need to check in Texas, if there is a default, the party with the claim has four years to exercise the claim.
[01:15:30.000 --> 01:15:36.000]  If they exercise the claim and get a unlawful detainer,
[01:15:36.000 --> 01:15:44.000]  they have two years in which time to get the person removed from the property.
[01:15:44.000 --> 01:15:47.000]  They exceed that time and they can't.
[01:15:47.000 --> 01:15:49.000]  So you definitely need to look at that.
[01:15:49.000 --> 01:15:58.000]  But regardless of what has been ruled, the reason I mentioned subject matter jurisdiction,
[01:15:58.000 --> 01:16:03.000]  subject matter jurisdiction cannot be waived.
[01:16:03.000 --> 01:16:11.000]  Venue impersonal jurisdiction can be waived, authority over the person.
[01:16:11.000 --> 01:16:14.000]  But subject matter jurisdiction cannot be waived.
[01:16:14.000 --> 01:16:19.000]  If the judge don't have subject matter jurisdiction to hear the case, you can't give it to him.
[01:16:19.000 --> 01:16:26.000]  And if the party coming to the court does not have standing to invoke the subject matter jurisdiction of the court,
[01:16:26.000 --> 01:16:30.000]  there's no way for the court to get subject matter jurisdiction.
[01:16:30.000 --> 01:16:34.000]  And if he doesn't hold the interest he needs to get that done,
[01:16:34.000 --> 01:16:40.000]  you can challenge that at any time, no matter how remote in history.
[01:16:40.000 --> 01:16:41.000]  Okay, hang on.
[01:16:41.000 --> 01:16:45.000]  This is Randy Kelton Davis-Stevens, Rule of Law Radio.
[01:16:45.000 --> 01:16:49.000]  Call in number 512-646-1984.
[01:16:49.000 --> 01:16:50.000]  Give us a call.
[01:16:50.000 --> 01:16:53.000]  We'll be taking calls for the rest of the show.
[01:16:53.000 --> 01:17:13.000]  We'll be right back on the other side.
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[01:20:16.000 --> 01:20:22.000]  I wanted to make an announcement about some points of misunderstanding.
[01:20:22.000 --> 01:20:23.000]  Go ahead, Deb.
[01:20:23.000 --> 01:20:24.000]  Yeah, I'm sorry.
[01:20:24.000 --> 01:20:26.000]  I won't take up very much of the time from the show.
[01:20:26.000 --> 01:20:28.000]  Just a couple of points of order.
[01:20:28.000 --> 01:20:35.000]  First off, I just want to say that I'm very excited that we have so many new callers lately
[01:20:35.000 --> 01:20:37.000]  and so many new listeners.
[01:20:37.000 --> 01:20:41.000]  I'm very happy that we can spread this information to new people
[01:20:41.000 --> 01:20:43.000]  and help as many people as possible.
[01:20:43.000 --> 01:20:47.000]  I just wanted to make a point of order here because I've noticed some things happening on this show
[01:20:47.000 --> 01:20:50.000]  and on some other shows.
[01:20:50.000 --> 01:20:54.000]  I know that a lot of folks that deal with this sort of situation a lot
[01:20:54.000 --> 01:20:58.000]  and that participate in forums online and voice forums and things like that,
[01:20:58.000 --> 01:21:01.000]  meetings and things like that, voice over IP meetings,
[01:21:01.000 --> 01:21:05.000]  they're used to something called a conference call.
[01:21:05.000 --> 01:21:11.000]  And so I can tell by the way some of the callers are interacting with the call screener
[01:21:11.000 --> 01:21:16.000]  and just on other shows, too, asking to talk to us on other shows and things like this.
[01:21:16.000 --> 01:21:20.000]  I just wanted to make a point of order here that this is not a conference call.
[01:21:20.000 --> 01:21:25.000]  And so people, if you call in and say, for example,
[01:21:25.000 --> 01:21:29.000]  you're trying to jump into the conversation while you're sitting there,
[01:21:29.000 --> 01:21:35.000]  I've gotten some feedback that people are frustrated because they think they're on this call,
[01:21:35.000 --> 01:21:40.000]  quote unquote, and they're trying to talk to us, but we're ignoring them or something like that.
[01:21:40.000 --> 01:21:46.000]  I just want folks to realize out here this is not a conference call.
[01:21:46.000 --> 01:21:50.000]  You don't call into this number and then you're just automatically on.
[01:21:50.000 --> 01:21:53.000]  This is not a conference call. This is a radio show.
[01:21:53.000 --> 01:21:57.000]  This is an Internet radio network.
[01:21:57.000 --> 01:22:03.000]  And we are on the air on multiple AM and FM stations around the country.
[01:22:03.000 --> 01:22:08.000]  This is a talk show. This is a radio show. This is not a conference call.
[01:22:08.000 --> 01:22:12.000]  And so we take the callers in order one at a time.
[01:22:12.000 --> 01:22:15.000]  Sometimes we'll bring multiple callers on the air.
[01:22:15.000 --> 01:22:20.000]  Occasionally, you know, we'll communicate with our call screener through instant messaging.
[01:22:20.000 --> 01:22:24.000]  And if there's people that are calling in that know each other
[01:22:24.000 --> 01:22:28.000]  and maybe want to go on the air at the same time and things like that,
[01:22:28.000 --> 01:22:30.000]  then we will bring them on the air at the same time.
[01:22:30.000 --> 01:22:34.000]  But if you're sitting there thinking, you know, out there saying hello, hello,
[01:22:34.000 --> 01:22:37.000]  and you're trying to talk to us and we're not answering, it's because you're muted.
[01:22:37.000 --> 01:22:40.000]  It's because we haven't brought you live on the air yet.
[01:22:40.000 --> 01:22:48.000]  And I also wanted to clarify that the 646-1984 number is not a 24-7 legal help desk.
[01:22:48.000 --> 01:22:51.000]  That's a hotline to either me or Randy or Eddie.
[01:22:51.000 --> 01:22:56.000]  It is the call-in number for the Logos radio network.
[01:22:56.000 --> 01:23:01.000]  So when you call that number, you are calling to talk on the air
[01:23:01.000 --> 01:23:07.000]  to whatever host happens to be on the air on their show at any particular given time.
[01:23:07.000 --> 01:23:11.000]  And we have a lot of shows on this network that cover a lot of different topics,
[01:23:11.000 --> 01:23:14.000]  and they're not all law-related, okay?
[01:23:14.000 --> 01:23:18.000]  So don't just call this number any time of day or night
[01:23:18.000 --> 01:23:24.000]  and expect that whoever the host is, is going to be able to answer legal questions.
[01:23:24.000 --> 01:23:30.000]  We ask that people actually listen to the radio network before they call in,
[01:23:30.000 --> 01:23:35.000]  because even on our shows sometimes it's not just always an open forum
[01:23:35.000 --> 01:23:37.000]  where people can just ask whatever legal question they want.
[01:23:37.000 --> 01:23:41.000]  Sometimes we have guests, like tonight we have Mr. Esquivel,
[01:23:41.000 --> 01:23:43.000]  and so we're basically sticking to mortgage issues.
[01:23:43.000 --> 01:23:48.000]  And so I just wanted to clarify that we really appreciate and love it,
[01:23:48.000 --> 01:23:51.000]  that our network is expanding, we're getting more listeners,
[01:23:51.000 --> 01:23:56.000]  but I just wanted to make this point of order here that this is not a conference call,
[01:23:56.000 --> 01:24:01.000]  it's a radio show, and so the way that the formatting works
[01:24:01.000 --> 01:24:04.000]  and the way we run things is much different from a conference call, okay?
[01:24:04.000 --> 01:24:06.000]  So I just wanted to put that out there.
[01:24:06.000 --> 01:24:10.000]  Okay, that's all I had to say, and thank you very much for listening to the show, new listeners.
[01:24:10.000 --> 01:24:12.000]  We're so happy to have you in our audience.
[01:24:12.000 --> 01:24:14.000]  All right, go ahead, Randy.
[01:24:14.000 --> 01:24:18.000]  And I did want to make one point so that they understand how this works.
[01:24:18.000 --> 01:24:26.000]  Deborah has a suppressor on the system so that if the host is talking and the guest is talking
[01:24:26.000 --> 01:24:30.000]  at the same time, the guest gets pushed down.
[01:24:30.000 --> 01:24:37.000]  So if I'm talking and you want to enter a comment, just make a noise and stop.
[01:24:37.000 --> 01:24:41.000]  And if I hear the noise, then I'll get back to you.
[01:24:41.000 --> 01:24:46.000]  But if I'm talking and moving along, I won't even hear you.
[01:24:46.000 --> 01:24:48.000]  Meaning the callers, yeah, I do have a...
[01:24:48.000 --> 01:24:49.000]  I'm sorry, the callers.
[01:24:49.000 --> 01:24:50.000]  Yes.
[01:24:50.000 --> 01:24:56.000]  So wait for a break, and when I talk, I try to say something
[01:24:56.000 --> 01:24:59.000]  and then give a slight break and then say something else.
[01:24:59.000 --> 01:25:03.000]  I do that for editing, but it leaves breaks.
[01:25:03.000 --> 01:25:06.000]  So when I make a break, if you make a noise, then I'll know you're there
[01:25:06.000 --> 01:25:10.000]  and then I can go to a stopping place and then go to you.
[01:25:10.000 --> 01:25:15.000]  But if you try to talk while I'm talking, you'll get pushed down, nobody will hear you.
[01:25:15.000 --> 01:25:20.000]  Okay, that's my story and I'm sticking to it.
[01:25:20.000 --> 01:25:23.000]  Okay, we're going to go back to Debra.
[01:25:23.000 --> 01:25:26.000]  Debbie, we have Debra and Debra and I'm getting confused.
[01:25:26.000 --> 01:25:29.000]  Okay.
[01:25:29.000 --> 01:25:35.000]  Okay, Debbie, what is the condition of your mortgage now?
[01:25:35.000 --> 01:25:41.000]  I think I've got it in that you've been foreclosed on.
[01:25:41.000 --> 01:25:50.000]  They got the right to foreclose in court, but they haven't actually executed the sale.
[01:25:50.000 --> 01:25:51.000]  Is that correct?
[01:25:51.000 --> 01:25:57.000]  Yeah, I haven't received a notice of default since 2005.
[01:25:57.000 --> 01:26:05.000]  And the last time I received a sell date notice on my door was in 2000, I believe, seven.
[01:26:05.000 --> 01:26:10.000]  These guys are out of time.
[01:26:10.000 --> 01:26:16.000]  The longest statute of limitations I've heard of is six years.
[01:26:16.000 --> 01:26:26.000]  And you can pretty well calculate default from three payments behind.
[01:26:26.000 --> 01:26:32.000]  When was the last time they received a payment and accepted a payment?
[01:26:32.000 --> 01:26:38.000]  I believe that was in 2007.
[01:26:38.000 --> 01:26:45.000]  Oh, okay, so they may be squeaking under if there's a six-year limitation.
[01:26:45.000 --> 01:26:46.000]  But you need to check.
[01:26:46.000 --> 01:26:48.000]  If it's four years, they don't have time to get under.
[01:26:48.000 --> 01:26:51.000]  So let me understand.
[01:26:51.000 --> 01:26:57.000]  They have went through court and gotten the right to foreclose?
[01:26:57.000 --> 01:26:59.000]  Not at all, no.
[01:26:59.000 --> 01:27:04.000]  I just basically sued them trying to basically buy time.
[01:27:04.000 --> 01:27:13.000]  And so the last time I've received anything, any sort of notice on my door was 2005 or 2007.
[01:27:13.000 --> 01:27:17.000]  Okay, hold on, yahoo.
[01:27:17.000 --> 01:27:22.000]  Everybody should hear that.
[01:27:22.000 --> 01:27:27.000]  These foreclosure bills, they're going for easy money.
[01:27:27.000 --> 01:27:36.000]  And when they started, approximately 3% of the foreclosures were resisted.
[01:27:36.000 --> 01:27:41.000]  The last number I heard was 43%.
[01:27:41.000 --> 01:27:49.000]  They're going to foreclose on the ones that aren't disputed and get their money and do those first.
[01:27:49.000 --> 01:27:56.000]  So when you indicate you're going to give them a fight, they don't want to get in a fight.
[01:27:56.000 --> 01:27:59.000]  They want to go make some money and go to the house.
[01:27:59.000 --> 01:28:01.000]  And so you started it.
[01:28:01.000 --> 01:28:05.000]  When did you file suit against them, their first action against them?
[01:28:05.000 --> 01:28:10.000]  It's been maybe three years ago.
[01:28:10.000 --> 01:28:17.000]  Once it's clear this person's going to fight them, they went on to easier prey.
[01:28:17.000 --> 01:28:25.000]  So if you have the mortgage and you're either in trouble in the mortgage or looking at getting in trouble in the mortgage, do something.
[01:28:25.000 --> 01:28:35.000]  And the only thing that in all of my experience with this has only been one thing that ever gets their attention,
[01:28:35.000 --> 01:28:39.000]  sue them, file a good suit, file a bad suit.
[01:28:39.000 --> 01:28:45.000]  A horrible trash garbage suit is better than no suit because it stops them anyway.
[01:28:45.000 --> 01:28:50.000]  First one we ever filed, the other side two days before eviction.
[01:28:50.000 --> 01:28:58.000]  We filed a suit, it stopped eviction, the other side came back with an answer, said, your honor, this suit's a piece of crap.
[01:28:58.000 --> 01:29:03.000]  And the court read it and said, yeah, you're right, this suit's a piece of crap, fix it.
[01:29:03.000 --> 01:29:08.000]  That was six years ago and he just won the whole enchilada.
[01:29:08.000 --> 01:29:11.000]  Point is, sue them.
[01:29:11.000 --> 01:29:16.000]  Good suit, bad suit, good suits better than a bad suit.
[01:29:16.000 --> 01:29:24.000]  But in a pinch, file a bad suit, get something in there, get them stopped, then you have time to fight.
[01:29:24.000 --> 01:29:25.000]  Okay.
[01:29:25.000 --> 01:29:28.000]  I used up your whole segment, Deb.
[01:29:28.000 --> 01:29:33.000]  We will pick you up when we come back on the other side and we'll address your questions.
[01:29:33.000 --> 01:29:35.000]  We have a couple more callers.
[01:29:35.000 --> 01:29:38.000]  We'll get to everybody before the end of the show.
[01:29:38.000 --> 01:29:46.000]  This is Randy Kelton, Deborah Stevens, Rule of Law Radio, our call in number 512-646-1984.
[01:29:46.000 --> 01:29:50.000]  We have two more segments, so we should get to everybody.
[01:29:50.000 --> 01:29:52.000]  So give us a call.
[01:29:52.000 --> 01:29:57.000]  If not, tomorrow night we have a four-hour call-in show, so we will be able to get to everybody then.
[01:29:57.000 --> 01:30:00.000]  We'll be right back.
[01:30:00.000 --> 01:30:02.000]  If you can't beat them, eat them.
[01:30:02.000 --> 01:30:08.000]  That's the rallying cry of the new food movement, and their members could be living and hunting right in your neighborhood.
[01:30:08.000 --> 01:30:11.000]  I'm Dr. Catherine Albrecht, and I'll be back with more in just a moment.
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[01:30:42.000 --> 01:30:46.000]  All you need is an open mind and a healthy appetite to help save the planet.
[01:30:46.000 --> 01:30:50.000]  That's the philosophy of environmental activists called Invasive Wars.
[01:30:50.000 --> 01:30:56.000]  Their goal is to save the planet from invasive plants and animals by hunting them down and eating them.
[01:30:56.000 --> 01:31:05.000]  Governments have spent billions trying to eradicate pests like Asian carp and edible weeds that threaten native ecosystems, but they haven't had much success.
[01:31:05.000 --> 01:31:14.000]  Invasive Wars figure if they can get humans to develop a taste for dishes like broiled lionfish with sauteed field mustard greens, the invaders won't stand a chance.
[01:31:14.000 --> 01:31:20.000]  So they're blogging and writing cookbooks in hopes you'll help make mincemeat out of out-of-control species.
[01:31:20.000 --> 01:31:30.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
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[01:33:01.000 --> 01:33:11.000]  You are listening to the Logos Radio Network, LogosRadioNetwork.com.
[01:33:11.000 --> 01:33:19.000]  Yeah, and who you want to chip? Who you take me for? Free Tully? Who you want to chip? Me no free Tully. You can't chip me.
[01:33:19.000 --> 01:33:25.000]  Don't let them chip you in the morning, chip you in the evening, put a chip in your body.
[01:33:25.000 --> 01:33:30.000]  And anyway, you go computer reading, you can't hide me safe from nobody.
[01:33:30.000 --> 01:33:40.000]  When you say chip in your mom, chip in your daddy, chip in your grandpa and the granny, chip in me, chip in your baby, chip in your family, whole family.
[01:33:40.000 --> 01:33:47.000]  Chip in your dad and the cap around me. Chip in the beef and you still go EP. Chip in the fish, them all in the sea.
[01:33:47.000 --> 01:33:52.000]  Chip in the shark and the whale around me. You must be mankind, gone chip crazy.
[01:33:52.000 --> 01:33:57.000]  Take the clinic home and they want to eat it. Social Security, they go tell me.
[01:33:57.000 --> 01:34:03.000]  Okay, we are back. Randy Kelton, Debbie Stevens, Rule of Law Radio, and we're here with our special guest, Joe Esquivel,
[01:34:03.000 --> 01:34:05.000]  and we're talking to Debbie in California.
[01:34:05.000 --> 01:34:14.000]  But before we go there, we forgot to, on the last break, on the last segment, to refer people to our other shows.
[01:34:14.000 --> 01:34:22.000]  Go to Logos Radio Network and we have a list, a schedule of all the shows.
[01:34:22.000 --> 01:34:28.000]  We have some really good broadcasters, so go have a look at who's there.
[01:34:28.000 --> 01:34:34.000]  You might find the topic that's of special interest beyond just the legal issues.
[01:34:34.000 --> 01:34:40.000]  Okay, we're going back to Debbie, and Debbie, I kind of stepped over you a bit.
[01:34:40.000 --> 01:34:44.000]  Okay, what is your primary question for us?
[01:34:44.000 --> 01:34:53.000]  My question, can you elaborate a little bit more on the statute of limitation as far as you said they're out of time?
[01:34:53.000 --> 01:35:02.000]  I've been in contact with David to help me with this, and I just want to know what I should be telling him,
[01:35:02.000 --> 01:35:05.000]  what we should do next.
[01:35:05.000 --> 01:35:15.000]  Okay, every state has a statute of limitations on how long you have to prosecute a claim.
[01:35:15.000 --> 01:35:24.000]  In Texas, if someone files a document in the record and there's an error in the document,
[01:35:24.000 --> 01:35:30.000]  there's something wrong with the document, you have four years in which to correct the error.
[01:35:30.000 --> 01:35:35.000]  Otherwise, the error is corrected by the passage of time.
[01:35:35.000 --> 01:35:42.000]  Now, that doesn't go to a fraudulent issue, but if there's a problem with the notary,
[01:35:42.000 --> 01:35:51.000]  if there's a problem with something's not signed the way it should be, that's corrected over time.
[01:35:51.000 --> 01:35:53.000]  And that's four years in Texas.
[01:35:53.000 --> 01:36:10.000]  And the same amount of time, if you have a claim that has accrued, you have four years to prosecute the claim.
[01:36:10.000 --> 01:36:16.000]  Say you have a mechanics lien, you file a mechanics lien in the record.
[01:36:16.000 --> 01:36:19.000]  You have four years to prosecute that mechanics lien.
[01:36:19.000 --> 01:36:25.000]  You need to, you file that in the record and then you go to the court and you file suit to get a judgment
[01:36:25.000 --> 01:36:36.000]  against the owner of the property and then get an authorization to liquidate the property to satisfy the judgment.
[01:36:36.000 --> 01:36:39.000]  You got four years to do that.
[01:36:39.000 --> 01:36:44.000]  If there's a default on a deed of trust, they've got four years to prosecute that.
[01:36:44.000 --> 01:36:49.000]  They can't come back 30 years later and say, I was digging through my records
[01:36:49.000 --> 01:36:57.000]  and I found this deed of trust from 25 years ago and now I want to come and take your property away from you.
[01:36:57.000 --> 01:37:00.000]  So they said, you got four years and that's it.
[01:37:00.000 --> 01:37:04.000]  I think we looked at Michigan and they had six years.
[01:37:04.000 --> 01:37:07.000]  So it varies from state to state.
[01:37:07.000 --> 01:37:14.000]  So you need to see what the limitation is on enforcing a claim against property.
[01:37:14.000 --> 01:37:16.000]  It's not just deed of trust.
[01:37:16.000 --> 01:37:22.000]  It's any lien claim to any claim against property.
[01:37:22.000 --> 01:37:26.000]  See how long they have to prosecute it.
[01:37:26.000 --> 01:37:32.000]  I have a case here where I have a mechanics lien in the record.
[01:37:32.000 --> 01:37:38.000]  If I never do anything with it, it will cloud title forever.
[01:37:38.000 --> 01:37:41.000]  So now I can go look at the record and I see a mechanics lien.
[01:37:41.000 --> 01:37:46.000]  If that mechanics lien is over four years old, I can ignore it.
[01:37:46.000 --> 01:37:47.000]  Okay.
[01:37:47.000 --> 01:37:48.000]  Does that make sense?
[01:37:48.000 --> 01:37:49.000]  Yes.
[01:37:49.000 --> 01:37:51.000]  So what, Randy, just one last question.
[01:37:51.000 --> 01:37:55.000]  So what happens if they've exceeded the limitation?
[01:37:55.000 --> 01:37:58.000]  What if it's, so can they continue?
[01:37:58.000 --> 01:38:02.000]  They lack standing to invoke the claim.
[01:38:02.000 --> 01:38:08.000]  The claim is abandoned.
[01:38:08.000 --> 01:38:12.000]  If they haven't prosecuted the claim within the time,
[01:38:12.000 --> 01:38:19.000]  they don't have standing to invoke subject matter jurisdiction of the court.
[01:38:19.000 --> 01:38:23.000]  So what happens with the house?
[01:38:23.000 --> 01:38:28.000]  They can't exercise the deed of trust for the mortgage.
[01:38:28.000 --> 01:38:29.000]  Okay.
[01:38:29.000 --> 01:38:32.000]  We need to back up a bit.
[01:38:32.000 --> 01:38:38.000]  When you write a mortgage or a deed of trust,
[01:38:38.000 --> 01:38:45.000]  what you do is you grant privileges to the lender with stipulations.
[01:38:45.000 --> 01:38:51.000]  In a mortgage state, you grant a claim against the property.
[01:38:51.000 --> 01:38:54.000]  With no claim against the property, you could sell the property,
[01:38:54.000 --> 01:38:57.000]  you could burn the house down and have no insurance on it.
[01:38:57.000 --> 01:39:00.000]  You could destroy the collateral.
[01:39:00.000 --> 01:39:05.000]  So the lender gives you a loan to purchase this property.
[01:39:05.000 --> 01:39:09.000]  He wants to make sure that his loan can be paid back
[01:39:09.000 --> 01:39:14.000]  and he wants the property you purchased with the loan as collateral.
[01:39:14.000 --> 01:39:17.000]  And he wants you to write him an agreement to that.
[01:39:17.000 --> 01:39:25.000]  So you write him a mortgage and you grant, you confess a claim against the property.
[01:39:25.000 --> 01:39:31.000]  Without that, the lender on default would have to sue you in the court,
[01:39:31.000 --> 01:39:36.000]  get a claim against you, and then petition the court for authorization
[01:39:36.000 --> 01:39:44.000]  to liquidate your property for the purpose of extinguishing the claim.
[01:39:44.000 --> 01:39:51.000]  So the lender says, heck with that, I want to be able to sue the property directly.
[01:39:51.000 --> 01:39:55.000]  If I have a claim against the property, then you can't liquidate.
[01:39:55.000 --> 01:40:00.000]  So he asks for a mortgage and you confess a claim against the property.
[01:40:00.000 --> 01:40:05.000]  You give him this privilege of a claim with stipulations.
[01:40:05.000 --> 01:40:12.000]  If you're in a deed of trust state, you grant a claim against the property
[01:40:12.000 --> 01:40:16.000]  so that they can sue and get a judgment against the property.
[01:40:16.000 --> 01:40:19.000]  But you also confess the judgment so they don't even have to bother to sue.
[01:40:19.000 --> 01:40:22.000]  They already got it.
[01:40:22.000 --> 01:40:26.000]  But they granted that with stipulations.
[01:40:26.000 --> 01:40:31.000]  And this is what we go in and say.
[01:40:31.000 --> 01:40:36.000]  You know, we charge them with violations of the stipulations.
[01:40:36.000 --> 01:40:39.000]  We authorize you to sell the note or a portion of the note
[01:40:39.000 --> 01:40:42.000]  together with the security instrument.
[01:40:42.000 --> 01:40:45.000]  So if you sell the note separate from the security instrument,
[01:40:45.000 --> 01:40:49.000]  you breach the deed of trust and you are in default.
[01:40:49.000 --> 01:40:57.000]  If you fail to follow all law, you're in breach of the covenants of the deed of trust.
[01:40:57.000 --> 01:41:01.000]  So this is a claim against the property.
[01:41:01.000 --> 01:41:07.000]  Once that claim matures, once there is a default,
[01:41:07.000 --> 01:41:11.000]  because the claim doesn't actually exist until there's a default.
[01:41:11.000 --> 01:41:15.000]  When there's a default, now the claim has matured.
[01:41:15.000 --> 01:41:20.000]  The courts are saying you can't let that claim lay there and cloud title forever.
[01:41:20.000 --> 01:41:23.000]  So you've got four years in Texas.
[01:41:23.000 --> 01:41:27.000]  If you've got a claim, you've got to prosecute that thing within four years.
[01:41:27.000 --> 01:41:31.000]  But that thing goes void and it doesn't cloud title anymore.
[01:41:31.000 --> 01:41:39.000]  Now, in order for them to secure repayment, they would have to sue you personally.
[01:41:39.000 --> 01:41:42.000]  So here's my suggestion.
[01:41:42.000 --> 01:41:45.000]  You check the statute of limitations.
[01:41:45.000 --> 01:41:51.000]  If they have exceeded it, you get another deed of trust in that record
[01:41:51.000 --> 01:41:55.000]  or a warranty deed in the record quickly.
[01:41:55.000 --> 01:41:56.000]  Okay.
[01:41:56.000 --> 01:41:59.000]  What do you mean get another deed of trust on the record?
[01:41:59.000 --> 01:42:00.000]  What do you mean?
[01:42:00.000 --> 01:42:04.000]  Grant a deed of trust to someone else.
[01:42:04.000 --> 01:42:06.000]  Oh, okay.
[01:42:06.000 --> 01:42:07.000]  Call in tomorrow.
[01:42:07.000 --> 01:42:09.000]  We'll talk about that in more detail.
[01:42:09.000 --> 01:42:10.000]  It takes a little bit.
[01:42:10.000 --> 01:42:15.000]  I'll talk to you about how to create a trust for that purpose,
[01:42:15.000 --> 01:42:18.000]  a trust that is at arm's length.
[01:42:18.000 --> 01:42:19.000]  But we've got a couple more callers.
[01:42:19.000 --> 01:42:20.000]  I'm going to run out of time.
[01:42:20.000 --> 01:42:21.000]  We've only got one segment left.
[01:42:21.000 --> 01:42:25.000]  So I want to try to get to them before we run out of time.
[01:42:25.000 --> 01:42:28.000]  I do a four-hour show tomorrow night.
[01:42:28.000 --> 01:42:33.000]  If you'll call in then, we'll talk about that in more detail.
[01:42:33.000 --> 01:42:37.000]  See, once their claim ends, you want another claim
[01:42:37.000 --> 01:42:40.000]  so that if they come back and refile their claim,
[01:42:40.000 --> 01:42:44.000]  they got a problem because now yours is in front of it.
[01:42:44.000 --> 01:42:50.000]  We'll explain how to get that claim set up so that you can make it so.
[01:42:50.000 --> 01:42:53.000]  The bank might be able to overcome your claim,
[01:42:53.000 --> 01:42:58.000]  but this makes for a big legal hill for them to get over.
[01:42:58.000 --> 01:43:01.000]  It costs them more money and there's a chance they'll lose,
[01:43:01.000 --> 01:43:02.000]  and they don't like those chances.
[01:43:02.000 --> 01:43:06.000]  So nothing is hard and fast.
[01:43:06.000 --> 01:43:08.000]  You will not win your case because you have the law
[01:43:08.000 --> 01:43:09.000]  and the facts on your side.
[01:43:09.000 --> 01:43:11.000]  To think so is naive.
[01:43:11.000 --> 01:43:14.000]  You will win your case if you have the politics on your side
[01:43:14.000 --> 01:43:17.000]  and all politics is local.
[01:43:17.000 --> 01:43:21.000]  By adding these little bumps they got to get over,
[01:43:21.000 --> 01:43:25.000]  that creates a little local politics.
[01:43:25.000 --> 01:43:26.000]  Money.
[01:43:26.000 --> 01:43:29.000]  Okay, we are about to go to break again.
[01:43:29.000 --> 01:43:31.000]  Give us a call tomorrow night, Deb,
[01:43:31.000 --> 01:43:37.000]  and we will go into this in detail because this is one of our favorite subjects.
[01:43:37.000 --> 01:43:42.000]  Okay, our call in number 512-646-1984.
[01:43:42.000 --> 01:43:43.000]  Give us a call.
[01:43:43.000 --> 01:43:45.000]  We have Chris and Jerry on the line.
[01:43:45.000 --> 01:43:50.000]  As soon as we come back, we'll start taking your calls.
[01:43:50.000 --> 01:43:52.000]  But be sure to listen in tomorrow night.
[01:43:52.000 --> 01:43:57.000]  We do a four-hour show and we have a lot more time to get to everybody.
[01:43:57.000 --> 01:44:00.000]  We'll be right back.
[01:44:00.000 --> 01:44:04.000]  You feel tired when talking about important topics like money and politics?
[01:44:04.000 --> 01:44:05.000]  Sorry.
[01:44:05.000 --> 01:44:07.000]  Are you confused by words like the Constitution or the Federal Reserve?
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[01:44:22.000 --> 01:44:25.000]  is found in almost every home in America, the television.
[01:44:25.000 --> 01:44:29.000]  Unfortunately, that puts most Americans at risk of catching stupidity,
[01:44:29.000 --> 01:44:30.000]  but there is hope.
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[01:44:39.000 --> 01:44:43.000]  and watching educational documentaries without feeling tired or uninterested.
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[01:45:01.000 --> 01:45:04.000]  Are you the plaintiff or defendant in a lawsuit?
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[01:45:52.000 --> 01:45:56.000]  Please visit ruleoflawradio.com and click on the banner
[01:45:56.000 --> 01:46:01.000]  or call toll-free, 866-LAW-EZ.
[01:46:01.000 --> 01:46:14.000]  Hello. Oh, man, in jail.
[01:46:14.000 --> 01:46:23.000]  Oh, man, I'm broken.
[01:46:23.000 --> 01:46:27.000]  Some things in this world I will never understand.
[01:46:27.000 --> 01:46:31.000]  Some things I realize foolish.
[01:46:31.000 --> 01:46:35.000]  Somebody's gonna police that policeman.
[01:46:35.000 --> 01:46:40.000]  Somebody's gonna police the police.
[01:46:40.000 --> 01:46:44.000]  There's always a room at the top of the hill.
[01:46:44.000 --> 01:46:49.000]  I hear through the grapevine and it's lonely left too.
[01:46:49.000 --> 01:46:52.000]  They're wishing it was more than opposition to jail.
[01:46:52.000 --> 01:46:53.000]  Okay, we are back.
[01:46:53.000 --> 01:46:56.000]  Randy Kelton, Debbie Stevens, Rule of Law Radio,
[01:46:56.000 --> 01:47:00.000]  and we're going to Chris in Texas.
[01:47:00.000 --> 01:47:03.000]  Hey, Mr. Kelton, if Jeremy has a mortgage question,
[01:47:03.000 --> 01:47:07.000]  go ahead and go to him.
[01:47:07.000 --> 01:47:12.000]  Jerry has a question on filing bar grievances,
[01:47:12.000 --> 01:47:16.000]  which I like a lot better, but it's not mortgaged.
[01:47:16.000 --> 01:47:17.000]  Okay, go ahead.
[01:47:17.000 --> 01:47:18.000]  We'll try to move quickly.
[01:47:18.000 --> 01:47:20.000]  If we don't get it done tonight, we can do it tomorrow night.
[01:47:20.000 --> 01:47:22.000]  We'll have more time.
[01:47:22.000 --> 01:47:24.000]  And I do like to spend time with listeners.
[01:47:24.000 --> 01:47:27.000]  Most shows you get about two sentences,
[01:47:27.000 --> 01:47:31.000]  and then the narrator just takes off.
[01:47:31.000 --> 01:47:35.000]  I do like to examine issues in more detail.
[01:47:35.000 --> 01:47:38.000]  Okay, I understand you have a traffic ticket.
[01:47:38.000 --> 01:47:40.000]  Go ahead and go to Jeremy.
[01:47:40.000 --> 01:47:41.000]  I'll call back tomorrow.
[01:47:41.000 --> 01:47:42.000]  Thank you very much.
[01:47:42.000 --> 01:47:44.000]  Okay, thank you.
[01:47:44.000 --> 01:47:47.000]  That's very nice of you, Chris.
[01:47:47.000 --> 01:47:53.000]  Okay, Jerry in Kansas.
[01:47:53.000 --> 01:47:56.000]  Hello, Jerry.
[01:47:56.000 --> 01:47:59.000]  What do you have for us tonight?
[01:47:59.000 --> 01:48:09.000]  I've got an issue with a lawyer in a family matter case, state lawyer.
[01:48:09.000 --> 01:48:11.000]  Okay, before you go into that,
[01:48:11.000 --> 01:48:17.000]  let me explain a little something about the way it works in family law.
[01:48:17.000 --> 01:48:19.000]  You know, all of these lawyers work together.
[01:48:19.000 --> 01:48:23.000]  They see each other, you know, case after case.
[01:48:23.000 --> 01:48:27.000]  And they've kind of got these unwritten agreements.
[01:48:27.000 --> 01:48:30.000]  Two lawyers on different sides of the family law case,
[01:48:30.000 --> 01:48:36.000]  they're both going to look at the litigant's estate.
[01:48:36.000 --> 01:48:39.000]  They're going to see how much is in the estate,
[01:48:39.000 --> 01:48:46.000]  and then they're going to try to estimate how much can we extract from that estate
[01:48:46.000 --> 01:48:52.000]  before we allow this case to get away from us and get settled.
[01:48:52.000 --> 01:48:53.000]  Okay.
[01:48:53.000 --> 01:48:55.000]  Yes, Randy.
[01:48:55.000 --> 01:48:57.000]  This has got to do with child support modification,
[01:48:57.000 --> 01:49:01.000]  and actually this state is no longer in it.
[01:49:01.000 --> 01:49:05.000]  The custodial parent decided that she no longer needed this state assistance
[01:49:05.000 --> 01:49:10.000]  in modification case, in the modification cases.
[01:49:10.000 --> 01:49:16.000]  And what I called in about is that the lawyer of record that was on the case
[01:49:16.000 --> 01:49:19.000]  never gave me notification he was off the case.
[01:49:19.000 --> 01:49:22.000]  I looked at the record, and the last lawyer to do it,
[01:49:22.000 --> 01:49:25.000]  I've never seen that lawyer's name before.
[01:49:25.000 --> 01:49:31.000]  So I'm just wondering how many awards I might be able to give them.
[01:49:31.000 --> 01:49:38.000]  If this guy's doing family law, is he in a large law firm?
[01:49:38.000 --> 01:49:43.000]  Not a large law firm, but yes, he is in a large law firm.
[01:49:43.000 --> 01:49:51.000]  The thing about bar grievances is it really kicks their behinds.
[01:49:51.000 --> 01:49:56.000]  When you file a bar grievance, they're going to be pretty quiet about it.
[01:49:56.000 --> 01:49:58.000]  Okay.
[01:49:58.000 --> 01:50:03.000]  Because, you know, it's kind of like you and I about to get in a fight,
[01:50:03.000 --> 01:50:07.000]  and I've got this really sore shoulder.
[01:50:07.000 --> 01:50:11.000]  I'm not going to turn that shoulder toward you and point at that shoulder
[01:50:11.000 --> 01:50:14.000]  and you say, you see this spot right here?
[01:50:14.000 --> 01:50:17.000]  That really, really hurts.
[01:50:17.000 --> 01:50:19.000]  So don't hit me there.
[01:50:19.000 --> 01:50:22.000]  They're not going to say that.
[01:50:22.000 --> 01:50:26.000]  The more something hurts them or stings them,
[01:50:26.000 --> 01:50:28.000]  the quieter they're going to be about it.
[01:50:28.000 --> 01:50:32.000]  And besides, with bar grievances, they are forbidden to mention.
[01:50:32.000 --> 01:50:38.000]  If they open your mouth, then you file a bar grievance for that.
[01:50:38.000 --> 01:50:44.000]  If they tell the judge about it and the judge opens his mouth,
[01:50:44.000 --> 01:50:49.000]  you charge him with tampering with witness obstruction of justice.
[01:50:49.000 --> 01:50:56.000]  So, you know, this is kind of a big deal.
[01:50:56.000 --> 01:51:01.000]  So are you asking what you can grieve him for?
[01:51:01.000 --> 01:51:03.000]  Well, I know what you'll say.
[01:51:03.000 --> 01:51:06.000]  You'll say, for part, care wrong.
[01:51:06.000 --> 01:51:07.000]  Yes.
[01:51:07.000 --> 01:51:09.000]  Well, let me give you an example.
[01:51:09.000 --> 01:51:12.000]  I've got Johnny Enigmas listening.
[01:51:12.000 --> 01:51:15.000]  He just sent me some case law.
[01:51:15.000 --> 01:51:17.000]  I was talking to him and he was in court recently,
[01:51:17.000 --> 01:51:24.000]  and the lawyer on the other side got real loud and rude with him,
[01:51:24.000 --> 01:51:31.000]  and he told the lawyer that he could get himself a stack of bar grievances
[01:51:31.000 --> 01:51:35.000]  for his bad attitude.
[01:51:35.000 --> 01:51:37.000]  And that was exactly right.
[01:51:37.000 --> 01:51:45.000]  It's in the model standards that just being rude is enough to get you grieved.
[01:51:45.000 --> 01:51:49.000]  I have a book here on malpractice,
[01:51:49.000 --> 01:51:58.000]  and it is clear that no lawyer currently practicing read this book
[01:51:58.000 --> 01:52:04.000]  before he went to law school because he'd have went in another profession.
[01:52:04.000 --> 01:52:09.000]  You can sue that lawyer for everything.
[01:52:09.000 --> 01:52:11.000]  So you might look at that.
[01:52:11.000 --> 01:52:18.000]  If this is a problem with your lawyer, your lawyer has a duty.
[01:52:18.000 --> 01:52:22.000]  Okay, this leads to a whole discussion.
[01:52:22.000 --> 01:52:25.000]  Let me talk about just, okay, hold on.
[01:52:25.000 --> 01:52:29.000]  Before I do that, what is your issue?
[01:52:29.000 --> 01:52:31.000]  Am I going to your issue?
[01:52:31.000 --> 01:52:34.000]  Did you have a specific question or is this general?
[01:52:34.000 --> 01:52:36.000]  It's just general.
[01:52:36.000 --> 01:52:40.000]  I've already written up a bar grievance for the opposing counsel.
[01:52:40.000 --> 01:52:42.000]  This is the opposing counsel.
[01:52:42.000 --> 01:52:45.000]  One for the attorney that was on the case that didn't give me notice
[01:52:45.000 --> 01:52:47.000]  that he was no longer on the case,
[01:52:47.000 --> 01:52:51.000]  or the state attorney through the SRS that gave notice
[01:52:51.000 --> 01:52:55.000]  that the state no longer had any dog in the hunt
[01:52:55.000 --> 01:53:01.000]  in the child support modification cases or this case for not notifying me,
[01:53:01.000 --> 01:53:08.000]  which under family law rules in Kansas, it goes under civil procedure,
[01:53:08.000 --> 01:53:11.000]  and under civil procedure it says that in a civil case,
[01:53:11.000 --> 01:53:16.000]  any time they give notice, they must give process to all parties involved,
[01:53:16.000 --> 01:53:19.000]  and they didn't do anything.
[01:53:19.000 --> 01:53:21.000]  Oh, that is wonderful.
[01:53:21.000 --> 01:53:27.000]  These guys are not used to having somebody grieve them for that.
[01:53:27.000 --> 01:53:30.000]  This lawyer who's working for the state,
[01:53:30.000 --> 01:53:35.000]  he's working for the state because he's not sharpest knife in the drawer.
[01:53:35.000 --> 01:53:38.000]  There's two reasons they'll work for the state.
[01:53:38.000 --> 01:53:45.000]  One is they thought they were a mascot for a beer company while they were going to college.
[01:53:45.000 --> 01:53:49.000]  Two, they have high political aspirations
[01:53:49.000 --> 01:53:55.000]  and they're using this position as a stepping stone to step up.
[01:53:55.000 --> 01:54:01.000]  In either case, even though they are indemnified by the state,
[01:54:01.000 --> 01:54:06.000]  a bar grievance will sting them big time.
[01:54:06.000 --> 01:54:13.000]  If they're trying to step up, they become a political liability.
[01:54:13.000 --> 01:54:17.000]  If they're here because they can't make it on the outside,
[01:54:17.000 --> 01:54:22.000]  they'll eventually wind up in private practice,
[01:54:22.000 --> 01:54:30.000]  and malpractice insurance will cost them a fortune.
[01:54:30.000 --> 01:54:32.000]  So it really stings them.
[01:54:32.000 --> 01:54:36.000]  But let me give you a little insight into lawyers.
[01:54:36.000 --> 01:54:40.000]  Lawyers go to law school, they learn all kinds of stuff about law.
[01:54:40.000 --> 01:54:43.000]  They don't learn squat about the practice of law.
[01:54:43.000 --> 01:54:47.000]  They don't learn how to file a motion, how to get a motion set for hearing.
[01:54:47.000 --> 01:54:50.000]  They don't learn what motions to file and when.
[01:54:50.000 --> 01:54:54.000]  They don't learn how to extract good information from their clients.
[01:54:54.000 --> 01:54:56.000]  They don't know squat.
[01:54:56.000 --> 01:55:04.000]  The problem is once they pass the bar, they become learned counsel.
[01:55:04.000 --> 01:55:06.000]  So they have to know.
[01:55:06.000 --> 01:55:10.000]  A lawyer can't miss something and say, oh, gee, Willie Curse,
[01:55:10.000 --> 01:55:13.000]  I didn't know about that.
[01:55:13.000 --> 01:55:17.000]  That is a mortal sin for a lawyer.
[01:55:17.000 --> 01:55:19.000]  So they become learned counsel.
[01:55:19.000 --> 01:55:23.000]  They've got to know, but they know they don't.
[01:55:23.000 --> 01:55:30.000]  I read a book by a lawyer who became a psychiatrist who only treats lawyers,
[01:55:30.000 --> 01:55:34.000]  and he treats lawyers for the imposter syndrome,
[01:55:34.000 --> 01:55:39.000]  and he treats only lawyers because lawyers never get better.
[01:55:39.000 --> 01:55:45.000]  They know they're an imposter and they do everything they can to hide it from you.
[01:55:45.000 --> 01:55:49.000]  Once you understand that, when you sit down in front of a lawyer,
[01:55:49.000 --> 01:55:53.000]  sometimes you talk to a lawyer and he'll get all upset about something
[01:55:53.000 --> 01:55:56.000]  and you don't understand why he's getting so upset.
[01:55:56.000 --> 01:56:02.000]  Once you understand that he's an imposter and he's trying to hide that from you
[01:56:02.000 --> 01:56:06.000]  and you do something to poke a little hole in his veil,
[01:56:06.000 --> 01:56:10.000]  he gets real excited real fast.
[01:56:10.000 --> 01:56:16.000]  If a lawyer wins your case for you but failed to raise an issue
[01:56:16.000 --> 01:56:20.000]  that would have caused you to get a bigger settlement or a bigger judgment,
[01:56:20.000 --> 01:56:24.000]  you can sue him for the difference.
[01:56:24.000 --> 01:56:29.000]  If he adjudicates a case and raises an issue that's already been adjudicated
[01:56:29.000 --> 01:56:33.000]  in another case, he can be sanctioned for that.
[01:56:33.000 --> 01:56:38.000]  And under sanctions, a judge can charge anything he wants to.
[01:56:38.000 --> 01:56:41.000]  Lawyers are terrified of sanctions.
[01:56:41.000 --> 01:56:46.000]  Lawyers are just terrified of everything.
[01:56:46.000 --> 01:56:51.000]  That's why they hate the pro se from hell,
[01:56:51.000 --> 01:56:57.000]  because you pierce that facade that they put on.
[01:56:57.000 --> 01:57:03.000]  When you talk to these lawyers, keep in mind, they're snookering you,
[01:57:03.000 --> 01:57:07.000]  they don't know squat, they know they don't know squat,
[01:57:07.000 --> 01:57:11.000]  and they're doing everything they can to hide it from you.
[01:57:11.000 --> 01:57:14.000]  That'll give you a whole different way of thinking about them.
[01:57:14.000 --> 01:57:17.000]  The one lawyer is part of a law firm and he's an older gentleman,
[01:57:17.000 --> 01:57:20.000]  I've talked to him before, he seems pretty all right,
[01:57:20.000 --> 01:57:26.000]  but the other one is just a low rung state employee lawyer.
[01:57:26.000 --> 01:57:29.000]  Good, steaming good.
[01:57:29.000 --> 01:57:35.000]  Maybe he'll wind up flipping burgers at McDonald's where he won't hurt anybody.
[01:57:35.000 --> 01:57:40.000]  Okay, I want to give Joe a chance to kind of close out here,
[01:57:40.000 --> 01:57:43.000]  we've only got a minute left.
[01:57:43.000 --> 01:57:45.000]  Can you call us back tomorrow night?
[01:57:45.000 --> 01:57:48.000]  I would like to spend more time on barbecues.
[01:57:48.000 --> 01:57:50.000]  Sure could, thank you.
[01:57:50.000 --> 01:57:54.000]  Okay, Joe, would you like to kind of give a final word
[01:57:54.000 --> 01:57:58.000]  and tell us who you are and where everybody can find you?
[01:57:58.000 --> 01:58:02.000]  Sure.
[01:58:02.000 --> 01:58:05.000]  I'm one of the owners of Mortgage Compliance Investigators,
[01:58:05.000 --> 01:58:08.000]  we are a licensed private investigation company,
[01:58:08.000 --> 01:58:13.000]  we are licensed by the Texas DPS,
[01:58:13.000 --> 01:58:22.000]  and this is something that's very relevant to everybody in the fight.
[01:58:22.000 --> 01:58:29.000]  Listening to shows that give you information is something you must do every day.
[01:58:29.000 --> 01:58:31.000]  So if anybody wishes to contact me,
[01:58:31.000 --> 01:58:40.000]  they can email me at info at mortgagecomplianceinvestigators.com,
[01:58:40.000 --> 01:58:42.000]  they can go to the website,
[01:58:42.000 --> 01:58:46.000]  the website will take you to our script page, our Facebook page, our YouTube page.
[01:58:46.000 --> 01:58:50.000]  Okay, hold it, we're out of time.
[01:58:50.000 --> 01:58:55.000]  Bibles for America is offering absolutely free a unique study Bible
[01:58:55.000 --> 01:58:58.000]  called the New Testament Recovery Version.
[01:58:58.000 --> 01:59:01.000]  The New Testament Recovery Version has over 9,000 footnotes
[01:59:01.000 --> 01:59:04.000]  that explain what the Bible says verse by verse,
[01:59:04.000 --> 01:59:08.000]  helping you to know God and to know the meaning of life.
[01:59:08.000 --> 01:59:11.000]  Order your free copy today from Bibles for America.
[01:59:11.000 --> 01:59:20.000]  Call us toll free at 888-551-0102 or visit us online at bfa.org.
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[01:59:30.000 --> 01:59:32.000]  This is truly a Bible you can understand.
[01:59:32.000 --> 01:59:35.000]  To get your free copy of the New Testament Recovery Version,
[01:59:35.000 --> 01:59:41.000]  call us toll free at 888-551-0102.
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[01:59:50.000 --> 02:00:05.000]  You're listening to the Logos Radio Network at logosradionetwork.com.