[00:00.000 --> 00:07.520]  This is the Liberty Beat, your daily source for Liberty news and activist updates, online
[00:07.520 --> 00:08.520]  at thelibertybeat.com.
[00:08.520 --> 00:13.440]  I'm Brian Hagan with your Liberty Beat for Thursday, May 22, 2014.
[00:13.440 --> 00:16.040]  Gold opened today, $1,302.
[00:16.040 --> 00:21.680]  Silver opened at $19.70 and Bitcoin is trading at $519.06.
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[00:46.480 --> 00:49.520]  That's 844-248-6246.
[00:49.520 --> 00:52.480]  In the news, a move in the wrong direction.
[00:52.480 --> 00:56.360]  That's what the Reform Government Surveillance Coalition, comprised of top tech firms such
[00:56.360 --> 01:01.720]  as Google, Facebook and Microsoft, are calling a bill touted as a reform of NSA spying.
[01:01.720 --> 01:05.660]  According to Russia Today, the so-called USA Freedom Act would remove the mass storage
[01:05.660 --> 01:07.800]  of phone records from the United States government.
[01:07.800 --> 01:11.960]  Instead, it would require telecommunications companies to store the data.
[01:11.960 --> 01:15.840]  The NSA would then need FISA approval to search the information.
[01:15.840 --> 01:20.760]  The Coalition Wednesday issued a statement one day ahead of the House vote on the bill.
[01:20.760 --> 01:24.960]  They say the bill to be voted on is not the same as the one that passed the House Judiciary
[01:24.960 --> 01:27.320]  and Intelligence Committees earlier this month.
[01:27.320 --> 01:31.560]  The opposition is focused on the broad definition for how and when government officials can
[01:31.560 --> 01:34.000]  search the stored phone records.
[01:34.000 --> 01:38.480]  The European Commission has announced new charges against US bank JP Morgan.
[01:38.480 --> 01:43.720]  Europe's HSBC and France's Credit Agricole related to financial rigging.
[01:43.720 --> 01:47.040]  The Commission says they're concerned the three banks may have been involved in a scheme
[01:47.040 --> 01:50.360]  to distort prices of euro interest rate derivatives.
[01:50.360 --> 01:54.640]  JP Morgan and HSBC deny any wrongdoing.
[01:54.640 --> 01:59.440]  Over 100 arrests made Wednesday as nearly 2,000 protesters demanded increased wages
[01:59.440 --> 02:02.440]  and the right to unionize for McDonald's employees.
[02:02.440 --> 02:06.520]  The protest happened near the fast food giant's Oakbrook, Illinois headquarters, timed with
[02:06.520 --> 02:08.000]  the company's shareholders meeting.
[02:08.000 --> 02:12.640]  According to Businessweek, the 125 arrested on trespassing charges included McDonald's
[02:12.640 --> 02:15.860]  employees, members of clergy, and labor leaders.
[02:15.860 --> 02:20.160]  The protest was the latest in a series of demonstrations across the nation as the employees
[02:20.160 --> 02:23.920]  pressed for an hourly wage of $15 and a union.
[02:23.920 --> 02:28.720]  Support for the Liberty Week comes from Affordable Sound, CD and DVD duplication, along with
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[02:53.480 --> 02:58.440]  This is the Liberty Beat for Thursday, May 22nd, 2014.
[02:58.440 --> 03:28.080]  I'm Brian Hagan, reporting.
[03:58.440 --> 04:28.360]  Okay, this is Randy Kelton, Debbie Stevens, with the radio on this Thursday, May the 20th,
[04:28.360 --> 04:30.840]  2012.
[04:30.840 --> 04:33.320]  And things are moving along pretty well.
[04:33.320 --> 04:41.360]  I've been talking to everyone for the past six or seven years about a project, this electronic
[04:41.360 --> 04:45.200]  lawyer that we've been working on.
[04:45.200 --> 04:48.440]  And the pieces are beginning to fall into place.
[04:48.440 --> 04:55.240]  We're hoping that within about four months, we can actually launch the project.
[04:55.240 --> 05:06.640]  And one minor issue I'm having in the interim is I'm trying to find some programmers who
[05:06.640 --> 05:16.800]  can step outside the box, who can take everything they think they know about how to present
[05:16.800 --> 05:24.520]  information on a webpage and throw it out the window and start from scratch.
[05:24.520 --> 05:35.960]  We are working up a whole set of tools that I can't really explain all of it because it
[05:35.960 --> 05:39.000]  would take two or three shows to get it all explained.
[05:39.000 --> 05:46.880]  And I don't have it all, all of my provisional patents in place yet, so I can't anyway.
[05:46.880 --> 05:59.560]  But we have a number of incredibly powerful tools, different ways of dealing with information
[05:59.560 --> 06:03.880]  that, you know, we've talked about for a long time.
[06:03.880 --> 06:10.320]  It was our intention to eliminate the profession of lawyering and get lawyers to pay us to
[06:10.320 --> 06:11.320]  do it.
[06:11.320 --> 06:17.480]  But we won't really eliminate the profession of lawyering, it turns out, but what this
[06:17.480 --> 06:30.280]  tool will be able to do is allow an individual who doesn't know anything about law to follow
[06:30.280 --> 06:32.880]  a questionnaire.
[06:32.880 --> 06:39.960]  And this questionnaire is a compilation of an entire expertise on a given subject.
[06:39.960 --> 06:49.320]  In this case, say criminal, family law, whatever the area happens to be.
[06:49.320 --> 06:57.960]  And based on answering a set of questions, it will lead the person through the legal
[06:57.960 --> 07:03.600]  elements that apply to their particular case.
[07:03.600 --> 07:07.620]  This goes to a whole different paradigm, a whole different way of thinking about how
[07:07.620 --> 07:10.260]  law works.
[07:10.260 --> 07:22.480]  Lawyers go to law school and they are immersed in all of these various legal issues and they
[07:22.480 --> 07:32.720]  come out with the idea that the practice of law is an art form.
[07:32.720 --> 07:40.440]  You know, if you're an artist and someone asks you to explain your art, you tend to
[07:40.440 --> 07:47.960]  get this confused look on your face and say, duh, it's an art, you can't explain that.
[07:47.960 --> 07:58.680]  It's some capacity human beings have to take their environment and rethink it in unusual
[07:58.680 --> 08:03.440]  and innovative ways and there is no way to explain art.
[08:03.440 --> 08:09.320]  And I can agree with that, but law is not an art form.
[08:09.320 --> 08:16.400]  When you read a set of code, that's a tech manual.
[08:16.400 --> 08:28.320]  That's not vague suggestions or insightful directions like you may have in art.
[08:28.320 --> 08:29.520]  That's clear.
[08:29.520 --> 08:31.840]  They are parameters.
[08:31.840 --> 08:38.520]  If I work on automobile, the first thing I want to get out is the tech manual.
[08:38.520 --> 08:40.340]  I need to understand how it works.
[08:40.340 --> 08:41.340]  It's very consistent.
[08:41.340 --> 08:54.280]  The law is just as consistent and it is not an art form or at least 95% of it is not art.
[08:54.280 --> 09:03.440]  Once you have extracted out all of the legal elements, how those elements are presented
[09:03.440 --> 09:12.000]  may involve some skill or some talent beyond skill.
[09:12.000 --> 09:14.000]  Skill is what engineers have.
[09:14.000 --> 09:15.560]  Engineers develop skills.
[09:15.560 --> 09:18.360]  They're not necessarily talented.
[09:18.360 --> 09:24.000]  Some may be a little more talented than others, but talent in engineering tends to get you
[09:24.000 --> 09:32.680]  into trouble or at least the concept of talent because when you think you're talented, you
[09:32.680 --> 09:40.400]  tend to pay less attention to the details, less attention to the parameters.
[09:40.400 --> 09:48.160]  It's a problem I have with lawyers thinking that they are learning to counsel and therefore
[09:48.160 --> 09:53.200]  what they think about law is how law has to be thought about.
[09:53.200 --> 10:02.760]  In constructing these tools, they have demonstrated that there's almost nothing artful about law.
[10:02.760 --> 10:04.120]  It's very specific.
[10:04.120 --> 10:07.080]  It's very mechanical.
[10:07.080 --> 10:17.960]  All law is defined by elements and the elements are very clearly defined.
[10:17.960 --> 10:24.560]  When Bear Bryant was asked how he managed over a career to always maintain a winning
[10:24.560 --> 10:30.720]  season, he said there were three things that he stressed more than any other.
[10:30.720 --> 10:37.960]  Three things were basics, basics, and basics.
[10:37.960 --> 10:42.720]  If we're to understand law, that's the first thing we need to do is get the basics down.
[10:42.720 --> 10:48.880]  The way to get the basics down is to read the code, problem.
[10:48.880 --> 10:55.480]  Too many codes, way too much involved in all of these codes for any one person to try to
[10:55.480 --> 10:58.240]  figure all this out.
[10:58.240 --> 11:07.440]  That's what was the impetus for creating a set of tools that would make it easier to
[11:07.440 --> 11:09.440]  mine down through the codes.
[11:09.440 --> 11:12.840]  We're getting those put together.
[11:12.840 --> 11:18.560]  Actually, we have the tools constructed.
[11:18.560 --> 11:27.840]  Now we're trying to get the codes reconstructed.
[11:27.840 --> 11:38.520]  One of the things that I can talk about is taking the code and converting it to a question.
[11:38.520 --> 11:45.960]  Questions do something in the mind much differently than an assertion does.
[11:45.960 --> 11:54.640]  If I make an assertion, if I tell you something is a fact, then you hear that fact and then
[11:54.640 --> 12:02.240]  you look around to see if you can find a place to put that fact so that when the fact becomes
[12:02.240 --> 12:07.360]  relevant, you will have referential index for that fact.
[12:07.360 --> 12:17.200]  Well, that presupposes that when I give you the facts, you already understand the context
[12:17.200 --> 12:23.600]  that the fact is given in so you know where to put it.
[12:23.600 --> 12:27.800]  That's for the most part not the case.
[12:27.800 --> 12:34.640]  Trying to understand something from assertions is really not a very human-centric way of
[12:34.640 --> 12:35.640]  doing that.
[12:35.640 --> 12:49.040]  But if I ask you questions and cloak the fact in a question or in this case, cloak the code
[12:49.040 --> 12:58.320]  in a question instead of telling you that for a specific offense, let's say aggravated
[12:58.320 --> 13:07.880]  assault, there must be an offensive touching as an element and then there are elements
[13:07.880 --> 13:09.920]  to offensive touching.
[13:09.920 --> 13:19.840]  You must touch someone in a way that a reasonable person of ordinary prudence would find offensive
[13:19.840 --> 13:29.280]  and then that offensive touching must involve physical bodily harm.
[13:29.280 --> 13:37.760]  So I can tell you what those are, but if I'm trying to get you to understand your situation,
[13:37.760 --> 13:44.800]  then instead of telling you what the elements are and then asking you if the elements exist,
[13:44.800 --> 13:55.280]  I ask you, if you're accused of aggravated assault, did you touch someone in a way that
[13:55.280 --> 14:00.840]  a reasonable person of ordinary prudence would consider to be offensive?
[14:00.840 --> 14:08.520]  Now you go back into your mind and you pull up the circumstances at issue.
[14:08.520 --> 14:15.800]  Now you take this element and apply it directly into your memory of the circumstance.
[14:15.800 --> 14:23.320]  That gives you what in neuro-linguistic programming they would call referential index.
[14:23.320 --> 14:31.800]  You take your memory of the incident and attach it directly to the elements of the incident.
[14:31.800 --> 14:38.000]  And as I walk down through the elements, if one of those elements is not there, when I
[14:38.000 --> 14:43.640]  ask you about the element, it will become abundantly clear immediately that that element
[14:43.640 --> 14:49.960]  doesn't exist, whereas if I tell you what the element is, then you have to try to figure
[14:49.960 --> 14:55.040]  out if the element is there, it accesses a different part of the mind that's not nearly
[14:55.040 --> 14:56.040]  as effective.
[14:56.040 --> 15:05.240]  Anyway, I don't know if that makes sense, but it works extremely well.
[15:05.240 --> 15:14.760]  In practice, it turns out to be very effective in presenting information in a way that human
[15:14.760 --> 15:19.960]  beings can make sense of them.
[15:19.960 --> 15:23.560]  We are going to have our phone lines open all night and we don't have a guest tonight,
[15:23.560 --> 15:31.720]  so if you have a question or comment on law, on foreclosure, on most any of the topics
[15:31.720 --> 15:41.440]  that we normally address, feel free to give us a call, 512-646-1984, and we'll be taking
[15:41.440 --> 15:42.840]  your calls all night.
[15:42.840 --> 15:49.680]  I'm struggling a little bit here, we don't have my clocks are not up working, so if I
[15:49.680 --> 15:54.720]  do my outro a little too soon, if I fall off the cliff, bear with me, we should have been
[15:54.720 --> 15:59.840]  working here relatively soon.
[15:59.840 --> 16:06.520]  And my clock is telling me I should be going out, but I'm not, so I'm a little concerned
[16:06.520 --> 16:07.520]  here.
[16:07.520 --> 16:13.280]  Anyway, if I crash out, we'll bring it back up, but anyway, when I come back, I'd like
[16:13.280 --> 16:21.040]  to talk a little bit more about this and I hope you guys bear with me, because I'm kind
[16:21.040 --> 16:31.160]  of figuring out how to talk about this as I talk about it, if that makes sense.
[16:31.160 --> 16:38.240]  And I really should be off the air right now, I think something is amiss, I don't have my,
[16:38.240 --> 16:44.840]  there we go, oh, I'm just floundering around here like a fish on the shore.
[16:44.840 --> 17:00.920]  I'm so, I took the clock, okay, we'll be right back.
[17:00.920 --> 17:05.520]  Through advances in technology, our lives have greatly improved, except in the area
[17:05.520 --> 17:06.920]  of nutrition.
[17:06.920 --> 17:11.680]  People feed their pets better than they feed themselves, and it's time we changed all that.
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[18:49.640 --> 18:59.120]  That's ruleoflawradio.com, or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt
[18:59.120 --> 19:00.120]  collectors next.
[19:00.120 --> 19:10.440]  You are listening to the Logos Radio Network, the LogosRadioNetwork.com.
[19:10.440 --> 19:38.440]  The Logos Radio Network, the Logos Radio Network, the Logos Radio Network, the Logos
[19:38.440 --> 19:53.480]  Radio Network, the
[19:53.480 --> 19:58.480]  Let them up standing up and fight and fight for the freedom and the free.
[19:58.480 --> 20:03.480]  When they like them love slave we can get hand out from the government surely.
[20:03.480 --> 20:12.480]  When we ask the question, we do not have the answer.
[20:12.480 --> 20:18.480]  When we ask the question, we do not have the answer.
[20:18.480 --> 20:23.480]  Okay, we are back, Randy Kelton, Deborah Stevens, and got my page up.
[20:23.480 --> 20:33.480]  I'm so spoiled by having my caller page where I can keep track of time that when I don't have it I get completely lost.
[20:33.480 --> 20:38.480]  And I apologize for floundering around there at the end.
[20:38.480 --> 20:44.480]  This is a, you know, for me this is a really interesting subject and the hardest thing.
[20:44.480 --> 20:49.480]  When you have something that's really complex it's hard to explain it.
[20:49.480 --> 21:00.480]  But we are very close to having a tool available that will allow someone to go online, fill out this questionnaire,
[21:00.480 --> 21:06.480]  and it will spit you out a complete analysis of your entire case.
[21:06.480 --> 21:11.480]  It will give you all of the elements, all of the law relating to those elements.
[21:11.480 --> 21:19.480]  It will tell you what cleanings and motions are indicated by the elements.
[21:19.480 --> 21:28.480]  And when we get the full implementation it will even make those documents available for downloading.
[21:28.480 --> 21:41.480]  And what I'm looking at doing is this method of doing this is really radical.
[21:41.480 --> 21:48.480]  It will be something that the community has never seen before, not lawyers.
[21:48.480 --> 21:51.480]  Lawyers have never seen anything like this before.
[21:51.480 --> 22:03.480]  So when I launch it I need it pretty well debugged and I would like to get my listeners to help me debug it.
[22:03.480 --> 22:12.480]  As soon as I get a working model up I don't want to launch it out in the general public.
[22:12.480 --> 22:23.480]  I will make a private link available on the air for the listeners so that you can go in and use the questionnaire
[22:23.480 --> 22:27.480]  and tell me where I've screwed it up.
[22:27.480 --> 22:33.480]  What we're doing is really, really complex and there's a lot of parts and pieces to it.
[22:33.480 --> 22:37.480]  And we put these together and we think we've got it all right,
[22:37.480 --> 22:42.480]  but then when somebody uses it it doesn't make any sense at all.
[22:42.480 --> 22:48.480]  And it's one of the things I complain a lot about when I read manuals
[22:48.480 --> 22:58.480]  and explanations about things on the Internet is you have someone who's very knowledgeable in a subject
[22:58.480 --> 23:01.480]  and he will try to explain the subject.
[23:01.480 --> 23:10.480]  Well the problem is he's so knowledgeable that he forgets some of the minor details that are so automatic to him
[23:10.480 --> 23:13.480]  they don't even come to mind.
[23:13.480 --> 23:17.480]  Jamula, I once loaded up Jamula.
[23:17.480 --> 23:21.480]  It's a tool for building websites.
[23:21.480 --> 23:34.480]  And nowhere in the directions could I find how to load a file into Jamula, or Jamula, however it's pronounced.
[23:34.480 --> 23:43.480]  Now that was the very first most basic thing to do.
[23:43.480 --> 23:50.480]  And perhaps I missed it, but I went through all of the documentation and then I went and bought a book on the subject.
[23:50.480 --> 23:52.480]  And went through the whole book.
[23:52.480 --> 23:58.480]  Nowhere did it tell me how to load a file into Jamula.
[23:58.480 --> 24:06.480]  Now it told me that I needed to load files, load this file, load that file, but it never told me how to do it.
[24:06.480 --> 24:18.480]  I was more than a little bit annoyed at that and I struggle in what we do here on the air not to fall into that trap.
[24:18.480 --> 24:27.480]  So a lot of times when I have a guest or something and they start talking about something I would tend to interrupt them
[24:27.480 --> 24:36.480]  and back up and try to give some basic information that I know needs to be there.
[24:36.480 --> 24:41.480]  And I know a lot of the listeners who already know this information may get a little frustrated with it.
[24:41.480 --> 24:56.480]  But if we present something and what we're presenting creates a question in the mind of the listener, then we've lost him.
[24:56.480 --> 25:03.480]  Because the listener is sitting there trying to get this question answered and we're moving right along
[25:03.480 --> 25:10.480]  and even if they do finally figure it out, now they're so far behind they can't hardly catch up.
[25:10.480 --> 25:22.480]  And so it's really important when we're trying to present complex information that we not get lost in the complexity,
[25:22.480 --> 25:30.480]  that we first make sure that we get down the basics, explicit and firm,
[25:30.480 --> 25:40.480]  that we anticipate the questions we will create in the mind of our listener or our reader.
[25:40.480 --> 25:53.480]  If ever in one of my documents I create a question in the mind of my reader that I did not create on purpose
[25:53.480 --> 26:02.480]  or that I do not immediately answer, then I've made a major blunder.
[26:02.480 --> 26:13.480]  And when we get this page up and working, I'm going to ask people to go onto it, use it and rip it to pieces for us.
[26:13.480 --> 26:26.480]  Everywhere we ask a question and you read the question and you have a question about how to answer the question,
[26:26.480 --> 26:31.480]  then I haven't phrased the question correctly.
[26:31.480 --> 26:34.480]  I need to know that I've done that and go back and fix it.
[26:34.480 --> 26:39.480]  So I'm hoping that relatively soon I can have a page up.
[26:39.480 --> 26:44.480]  I will go ahead and put a page up that doesn't put out an output document.
[26:44.480 --> 26:54.480]  I have most of the questionnaire actually together so people can go in and romp through the questionnaire.
[26:54.480 --> 26:56.480]  It just won't give them an output document.
[26:56.480 --> 27:04.480]  But one of the purposes of a questionnaire of this nature is teaching.
[27:04.480 --> 27:10.480]  You learn a whole lot more by me asking you questions than me making statements to you.
[27:10.480 --> 27:16.480]  If I ask you questions, then you're constantly doing what we call transderivational search.
[27:16.480 --> 27:24.480]  You're going up inside and focusing on what I just asked you and looking inside to try to find an answer to it.
[27:24.480 --> 27:30.480]  And when you can't find an answer to it and I give you an answer, now you've got your mind open
[27:30.480 --> 27:34.480]  and your mind is looking for closure and I give you the answer and you put closure in,
[27:34.480 --> 27:40.480]  now you have very effective referential index to that piece of information.
[27:40.480 --> 27:43.480]  You'll never forget it.
[27:43.480 --> 27:46.480]  People don't forget things.
[27:46.480 --> 27:49.480]  They just don't remember them in the first place.
[27:49.480 --> 27:53.480]  When they inputted the information,
[27:53.480 --> 28:00.480]  they didn't make really strong internal mental connections to that information.
[28:00.480 --> 28:07.480]  So when the information became relevant, they didn't have the internal mental markers to lead them to it.
[28:07.480 --> 28:09.480]  So they don't forget.
[28:09.480 --> 28:12.480]  They never remembered in the first place.
[28:12.480 --> 28:19.480]  So we're going to try to present this tool in the form of a questionnaire as much as a teaching tool as anything else.
[28:19.480 --> 28:29.480]  So when I get it up, I would like everybody to go on and go through it and just rip this thing to pieces.
[28:29.480 --> 28:35.480]  As a matter of fact, next week I will try to have some tools up and working.
[28:35.480 --> 28:40.480]  I have on LegalEarth.net a number of maps up there.
[28:40.480 --> 28:45.480]  This is the one incarnation of the tool.
[28:45.480 --> 28:52.480]  I produce it in a map first, and then from the map I convert it into a questionnaire.
[28:52.480 --> 28:54.480]  I will give a link to that.
[28:54.480 --> 28:58.480]  I'll set it up on a – it'll actually be published, of course.
[28:58.480 --> 29:05.480]  If somebody knows to look for it, they can find it, but I won't be publishing it, so you'll have to know it's there.
[29:05.480 --> 29:14.480]  And you can go through and go through these questionnaires and give me feedback on when you have no idea what the heck I'm talking about
[29:14.480 --> 29:23.480]  or when I've mentally tripped you up, or even if you just kind of mentally hit a mental speed bump
[29:23.480 --> 29:29.480]  and it kind of draws your attention away from the content and towards the structure.
[29:29.480 --> 29:32.480]  I need to know those things so I can go back and fix it.
[29:32.480 --> 29:34.480]  Okay, Patrick, I see you there.
[29:34.480 --> 29:35.480]  We're about to go to break.
[29:35.480 --> 29:39.480]  I will pick you up as soon as we come back on the other side.
[29:39.480 --> 29:42.480]  This is Randy Kelton, Deborah Stevens, Rue of La Radio.
[29:42.480 --> 29:46.480]  Our call-in number is 512-646-1984.
[29:46.480 --> 29:55.480]  We're going to keep the phone lines open all night because all this stuff about complex issues is going to give everybody a headache anyway.
[29:55.480 --> 29:57.480]  We'll be right back.
[30:02.480 --> 30:10.480]  Apple has spent a boatload to convince Americans to store data online, but the company's co-founder says cloud computing is dangerous.
[30:10.480 --> 30:12.480]  I'm Dr. Catherine Albrecht.
[30:12.480 --> 30:16.480]  Back to tell you about the black clouds over our iClouds next.
[30:16.480 --> 30:18.480]  Privacy is under attack.
[30:18.480 --> 30:22.480]  When you give up data about yourself, you'll never get it back again.
[30:22.480 --> 30:27.480]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:27.480 --> 30:28.480]  So protect your rights.
[30:28.480 --> 30:32.480]  Say no to surveillance and keep your information to yourself.
[30:32.480 --> 30:34.480]  Privacy, it's worth hanging on to.
[30:34.480 --> 30:41.480]  This message is brought to you by Startpage.com, the private search engine alternative to Google, Yahoo, and Bing.
[30:41.480 --> 30:45.480]  Start over with Startpage.
[30:45.480 --> 30:49.480]  For a decade, Apple's been selling the public on cloud technology.
[30:49.480 --> 30:56.480]  The idea is for users to store their files online in the cloud for a fee rather than saving them on their local devices.
[30:56.480 --> 31:00.480]  But Apple co-founder Steve Wozniak opposes the whole idea.
[31:00.480 --> 31:05.480]  He warns of digital disaster if people store their contents in the iCloud.
[31:05.480 --> 31:09.480]  To quote him directly, the cloud computing trend is horrendous.
[31:09.480 --> 31:11.480]  He's right for two reasons.
[31:11.480 --> 31:16.480]  First, the minute you store stuff on an iCloud, you sign away ownership of that data to Apple.
[31:16.480 --> 31:23.480]  And second, walls can never be built high enough to keep hackers out of servers, not even those built in the clouds.
[31:23.480 --> 31:30.480]  I'm Dr. Catherine Albrecht for Startpage.com, the world's most private search engine.
[31:30.480 --> 31:36.480]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[31:36.480 --> 31:38.480]  The government says that fire brought it down.
[31:38.480 --> 31:43.480]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[31:43.480 --> 31:46.480]  Over 6,000 of my fellow service members have given their lives.
[31:46.480 --> 31:49.480]  Thousands of my fellow first responders are dying.
[31:49.480 --> 31:50.480]  I'm not a conspiracy theorist.
[31:50.480 --> 31:51.480]  I'm a structural engineer.
[31:51.480 --> 31:52.480]  I'm a New York City correctional.
[31:52.480 --> 31:53.480]  I'm an Air Force pilot.
[31:53.480 --> 31:55.480]  I'm a father who lost his son.
[31:55.480 --> 31:58.480]  We're Americans, and we deserve the truth.
[31:58.480 --> 32:01.480]  Go to RememberBuilding7.org today.
[32:01.480 --> 32:04.480]  You feel tired when talking about important topics like money and politics?
[32:04.480 --> 32:05.480]  Sorry!
[32:05.480 --> 32:08.480]  Are you confused by words like the Constitution or the Federal Reserve?
[32:08.480 --> 32:09.480]  What?
[32:09.480 --> 32:13.480]  If so, you may be diagnosed with the deadliest disease known today, stupidity.
[32:13.480 --> 32:20.480]  Hi, my name is Steve Holt, and like millions of other Americans, I was diagnosed with stupidity at an early age.
[32:20.480 --> 32:26.480]  I had no idea that the number one cause of the disease is found in almost every home in America, the television.
[32:26.480 --> 32:31.480]  Unfortunately, that puts most Americans at risk of catching stupidity, but there is hope.
[32:31.480 --> 32:37.480]  The staff at Brave New Books have helped me and thousands of other Foxaholics suffering from sports zombieism recover.
[32:37.480 --> 32:44.480]  And because of Brave New Books, I now enjoy reading and watching educational documentaries without feeling tired or uninterested.
[32:44.480 --> 32:56.480]  So if you or anybody you know suffers from stupidity, then you need to call 512-480-2503 or visit them at 1904Guadalupe or bravenewbookstore.com.
[32:56.480 --> 33:01.480]  Side effects from using Brave New Books products may include discernment and enlarged vocabulary and an overall increase in mental functioning.
[33:01.480 --> 33:14.480]  Live, free speech radio, logosradionetwork.com.
[33:14.480 --> 33:20.480]  Yes, Mr. Officer, you're taking delight in heaven.
[33:20.480 --> 33:24.480]  Won't you follow the law of the land?
[33:24.480 --> 33:27.480]  I don't understand.
[33:27.480 --> 33:32.480]  I don't understand.
[33:32.480 --> 33:35.480]  I don't understand.
[33:35.480 --> 33:57.480]  When you're gonna stop abuse, you're power.
[33:57.480 --> 34:02.480]  Believe Mr. Mackle and teach officers not to abuse their power.
[34:02.480 --> 34:05.480]  Send a request to the leader.
[34:05.480 --> 34:06.480]  Okay.
[34:06.480 --> 34:07.480]  We are back.
[34:07.480 --> 34:13.480]  Randy Kelton, Debbie Stevens, and Rue of La Radio, and we're going to Patrick in Texas.
[34:13.480 --> 34:16.480]  Hello, Patrick.
[34:16.480 --> 34:17.480]  Hello.
[34:17.480 --> 34:18.480]  Hello.
[34:18.480 --> 34:20.480]  What do you have for us today?
[34:20.480 --> 34:27.480]  Everybody, I was just following up there real quick on contracts for timeshares.
[34:27.480 --> 34:50.480]  Those are deed of interest if there's any way that I can find some legal issues in those to opt out or find a way to say did not construct the documents and not properly legally binding the agreements that were signed.
[34:50.480 --> 34:51.480]  Okay.
[34:51.480 --> 34:54.480]  Timeshare is something I've never really looked at.
[34:54.480 --> 34:56.480]  A few questions.
[34:56.480 --> 35:02.480]  Take it there is a warranty deed for the property.
[35:02.480 --> 35:05.480]  Is your name on the warranty deed?
[35:05.480 --> 35:06.480]  I believe so.
[35:06.480 --> 35:12.480]  I sent two separate ones in email form for you.
[35:12.480 --> 35:14.480]  I'm not sure if you got those or not.
[35:14.480 --> 35:16.480]  How long ago was that?
[35:16.480 --> 35:18.480]  Oh, boy.
[35:18.480 --> 35:21.480]  I probably get a hundred emails a day.
[35:21.480 --> 35:23.480]  Yeah, I understand.
[35:23.480 --> 35:28.480]  It's probably been, I think the initial sending was probably four or five weeks ago.
[35:28.480 --> 35:29.480]  Okay.
[35:29.480 --> 35:31.480]  If you can resend it to me.
[35:31.480 --> 35:32.480]  Okay.
[35:32.480 --> 35:36.480]  I will look at it during the break.
[35:36.480 --> 35:45.480]  Odd that this morning I was working on the tool I'm talking about, an analysis of the security instrument.
[35:45.480 --> 35:50.480]  If there's a warranty deed, you almost certainly have a security instrument.
[35:50.480 --> 36:00.480]  And if you have a security instrument, I can almost certainly rip that thing to pieces.
[36:00.480 --> 36:06.480]  If it's a Fannie Mae Freddie Mac uniform instrument, it is technically garbage.
[36:06.480 --> 36:07.480]  Okay.
[36:07.480 --> 36:08.480]  Okay.
[36:08.480 --> 36:09.480]  That was my concern.
[36:09.480 --> 36:12.480]  I mean, I said I was thinking from what I heard you talk about.
[36:12.480 --> 36:16.480]  And I don't know enough about it as of yet.
[36:16.480 --> 36:20.480]  Let me go over a few really interesting things to look at.
[36:20.480 --> 36:23.480]  This I got from Joe Esquivel.
[36:23.480 --> 36:35.480]  Look on the security instrument and see if it has a stamp up at the top right-hand corner that says electronically filed on this date.
[36:35.480 --> 36:39.480]  If it has one of those, they got a problem.
[36:39.480 --> 36:40.480]  Okay.
[36:40.480 --> 36:56.480]  I went to the Tarrant County registrars and asked to see all of the documents that were mailed to them for filing in the record.
[36:56.480 --> 37:00.480]  And they said, well, we don't have any of those.
[37:00.480 --> 37:03.480]  Said, well, how do you file things in the record?
[37:03.480 --> 37:07.480]  They said, well, we get it all electronically.
[37:07.480 --> 37:08.480]  Oh, you do.
[37:08.480 --> 37:10.480]  Okay.
[37:10.480 --> 37:23.480]  Well, if you get it electronically, how do you know that what you get is an actual true and verified copy of an original?
[37:23.480 --> 37:32.480]  They said, I'm sorry, first I asked them, well, so can I go to the company that filed it and see a copy of the original?
[37:32.480 --> 37:35.480]  Oh, the company doesn't file it.
[37:35.480 --> 37:43.480]  We have a special company that everybody who does electronic filing goes through.
[37:43.480 --> 37:45.480]  Oh, okay.
[37:45.480 --> 37:49.480]  So I could go to that company and get a copy of the original.
[37:49.480 --> 37:51.480]  Oh, no, no, no, no.
[37:51.480 --> 37:57.480]  They get it from, I asked them, how do you know what that company gives you is a true and correct copy of the original?
[37:57.480 --> 38:03.480]  Oh, well, we have a memorandum of understanding with that company.
[38:03.480 --> 38:07.480]  Oh, you have a memorandum of understanding.
[38:07.480 --> 38:08.480]  Okay.
[38:08.480 --> 38:11.480]  And so I should be able to go to that company and see the originals.
[38:11.480 --> 38:13.480]  Oh, no, no, no, they don't get the originals either.
[38:13.480 --> 38:16.480]  They get the originals from a title company or someone else.
[38:16.480 --> 38:17.480]  Oh, okay.
[38:17.480 --> 38:20.480]  So I can go to the title company and see the originals.
[38:20.480 --> 38:21.480]  Oh, no, no, no, no, no.
[38:21.480 --> 38:24.480]  They don't have it either.
[38:24.480 --> 38:28.480]  How do you know what the title company is giving this other company is the original?
[38:28.480 --> 38:33.480]  Well, that company has a memorandum of understanding with the title company.
[38:33.480 --> 38:34.480]  Oh, my.
[38:34.480 --> 38:39.480]  Oh, so you have a memorandum of understanding with someone who has a memorandum of understanding.
[38:39.480 --> 38:44.480]  Does the title company have a memorandum of understanding with the holder?
[38:44.480 --> 38:47.480]  Oh, well, I couldn't tell you about that.
[38:47.480 --> 38:51.480]  Bubba, you got a problem.
[38:51.480 --> 38:53.480]  And here's the problem.
[38:53.480 --> 38:58.480]  15 U.S. Code 7003.
[38:58.480 --> 39:04.480]  15 U.S. Code 7001 is the Electronic Filing Act.
[39:04.480 --> 39:11.480]  And under, I think it's, which code is one of the codes?
[39:11.480 --> 39:20.480]  It's Section 43001 of the, I think it's Texas Government Code.
[39:20.480 --> 39:32.480]  The Supreme Court adopted the U.S. electronic filing statute in total.
[39:32.480 --> 39:35.480]  And here's the problem.
[39:35.480 --> 39:56.480]  7.003, yeah, 7003, 18 U.S. Code, 15 U.S. Code 7003 specifically forbids the electronic filing of documents affecting title to real property.
[39:56.480 --> 39:59.480]  Oh, they got a problem.
[39:59.480 --> 40:08.480]  If you bring that issue in the court, and when I put together a trespass to try title, I stick that in there.
[40:08.480 --> 40:13.480]  I put in the code, but I don't put any points in authorities.
[40:13.480 --> 40:18.480]  I just kind of cruise by it in passing.
[40:18.480 --> 40:23.480]  So I don't really make a big deal of it because everything's political.
[40:23.480 --> 40:28.480]  You'll never win your case simply because you have the law and the facts on your side.
[40:28.480 --> 40:34.480]  What's going to happen if we force the court to rule on that?
[40:34.480 --> 40:47.480]  You're asking the court to say everything the county clerk has done since the year 2000 is garbage.
[40:47.480 --> 40:50.480]  You're not going to get a court to say that.
[40:50.480 --> 40:58.480]  So they're going to do this thawing and dancing, seltzer it down your pants, and try to find a way not to have to rule on that.
[40:58.480 --> 41:07.480]  Well, if they don't give me the ruling that I want, then I'm going to appeal that issue.
[41:07.480 --> 41:11.480]  That issue is dead bang.
[41:11.480 --> 41:14.480]  They did it wrong, and they continue to do it wrong.
[41:14.480 --> 41:24.480]  All of the records filed with the county recorder in accordance with the electronic filing program is illegal.
[41:24.480 --> 41:30.480]  So you give them something else they can give you your decision on.
[41:30.480 --> 41:41.480]  The only way they can keep you from appealing that point is to give you your ruling on something else, whether you deserve it or not.
[41:41.480 --> 41:49.480]  This way the judge doesn't have to be the one that crashed all of the county records in the state.
[41:49.480 --> 41:53.480]  Does that sound like fun?
[41:53.480 --> 41:56.480]  And that's just one thing.
[41:56.480 --> 41:58.480]  There will be enough in there.
[41:58.480 --> 42:05.480]  Have you ever looked at the security instrument on this particular property?
[42:05.480 --> 42:11.480]  I have not. I glanced at it, but I have not done any due diligence on it.
[42:11.480 --> 42:14.480]  I've got, I think, four of them total.
[42:14.480 --> 42:18.480]  Okay.
[42:18.480 --> 42:23.480]  I take it there's four people involved?
[42:23.480 --> 42:25.480]  Three different companies.
[42:25.480 --> 42:38.480]  So you've got like a Hyatt and a Westgate and two Hilton's, and the only thing I've ever noticed that's odd about or different in those agreements between those three entities is Hilton.
[42:38.480 --> 42:50.480]  They do make some types of a reference in one of their documents about if you are a natural person, something or other, I think you can have your Social Security number withheld.
[42:50.480 --> 42:56.480]  I forgot something, but I did go into something about natural person. I kind of perked my interest like what is this about?
[42:56.480 --> 42:59.480]  Okay. That is interesting.
[42:59.480 --> 43:09.480]  If you, depending on what you want to do with this property, if you want to get all your money back, I would need to see a HUD 1 settlement statement.
[43:09.480 --> 43:13.480]  Okay. I included that. I'll make sure to resend that on each one.
[43:13.480 --> 43:24.480]  Resend it to me so it's on the top, and if you do it now, I'll try to look at it during the breaks, and if you're going to be listening, I'll tell you when to call back in and we'll go back over.
[43:24.480 --> 43:27.480]  Okay. That sounds great. I'll keep my ear to it tonight.
[43:27.480 --> 43:29.480]  Okay. Thank you.
[43:29.480 --> 43:30.480]  Thanks, Randy.
[43:30.480 --> 43:46.480]  Okay. This is Randy Kelp, Debra Stevens, Rule Law Radio. Lon, I see you there, but we're about to go to break, so I'll pick you up on the other side. Lon in Wisconsin. So I call in number 512-646-1984.
[43:46.480 --> 44:01.480]  Give us a call. See if you can stump the chump tonight. I can't say stump the chumps because I'm the only chump here, so give it a shot. I'd like it when I can't answer. We'll be right back.
[44:01.480 --> 44:17.480]  Hello. My name is Stuart Smith from naturespureorganics.com, and I would like to invite you to come by our store at 1904 Guadalupe Street, Suite D here in Austin, Texas, buying Brave New Books and Chase Paint to see all our fantastic health and wellness products with your very own eyes.
[44:17.480 --> 44:42.480]  Have a look at our miracle healing clay that started our adventure in alternative medicine. Take a peek at some of our other wonderful products, including our Australian emu oil, lotion candles, olive oil soaps, and colloidal silver and gold. Call 512-264-4043 or find us online at naturespureorganics.com. That's 512-264-4043, naturespureorganics.com.
[44:42.480 --> 45:00.480]  Don't forget to like us on Facebook for information on events and our products. naturespureorganics.com.
[45:00.480 --> 45:22.480]  Are you the plaintiff or defendant in a lawsuit? Win your case without an attorney with Juris Dictionary, the affordable, easy-to-understand, 4-CD course that will show you how in 24 hours, step-by-step. If you have a lawyer, know what your lawyer should be doing. If you don't have a lawyer, know what you should do for yourself.
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[45:43.480 --> 46:01.480]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, pro se tactics, and much more. Please visit ruleoflawradio.com and click on the banner or call toll-free, 866-LAW-EZ.
[46:13.480 --> 46:42.480]  OK, we are back. We're in Kelton, Deborah Stevens, Rule of Law Radio.
[46:42.480 --> 46:54.480]  And we're taking your calls. We're going to Lon. Hello, Lon. What do you have for us today?
[46:54.480 --> 47:00.480]  There we go. OK. It took my page a little time to refresh. OK, now you're up.
[47:00.480 --> 47:02.480]  All right. Can you hear me?
[47:02.480 --> 47:03.480]  Yes.
[47:03.480 --> 47:13.480]  All right. Small claims question for you. We have a small claims case, and we put in a challenge to jurisdiction, agency, and standing.
[47:13.480 --> 47:25.480]  At that point, we got a letter back from the judge saying that there simply is no legal requirement that a law firm representing a client prove that they're acting in the client's agency.
[47:25.480 --> 47:43.480]  There is no legal requirement that the person they're representing prove that they owe the money, and there is no legal requirement that a written contract exists for providing medical services.
[47:43.480 --> 47:50.480]  Well, that's because this is contract.
[47:50.480 --> 48:08.480]  Law doesn't dictate. OK. Go back to that again. Let me make sure I have the issue correct. You're in a small claims court, and were you sued by a debt collector?
[48:08.480 --> 48:20.480]  Yes, and then they took it to a debt collector. And when you say there is no law, are you saying there is no Wisconsin law?
[48:20.480 --> 48:32.480]  That's the letter that we got back from the judge that said that there simply is no legal requirement that a law firm representing a client prove the law firm is acting as the client's agency.
[48:32.480 --> 48:41.480]  Have you sent the lawyers a debt validation letter?
[48:41.480 --> 48:47.480]  Yes, and they ignored any question that had to do with agency.
[48:47.480 --> 49:02.480]  OK. They are subject to statutory estoppel, and you need to file into this court a challenge to subject matter jurisdiction and maintain that.
[49:02.480 --> 49:19.480]  The lender lacks standing to invoke the subject matter jurisdiction of the court as the lender has made claims and assertions of a debt obligation on your part.
[49:19.480 --> 49:37.480]  You have disputed their claims and assertions. Therefore, they must prove up their claims and assertions. Otherwise, they don't have standing to invoke the subject matter jurisdiction of the court and then sue the judge.
[49:37.480 --> 50:05.480]  All right. So at that point, then their lawyer provided an affidavit from an accountant, and they are moving for a motion for summary judgment that the judge just ruled on this because he stated that there is nothing in dispute here.
[50:05.480 --> 50:10.480]  Did you put your debt validation letter before the court?
[50:10.480 --> 50:13.480]  I believe that was filed with the court, yes.
[50:13.480 --> 50:33.480]  Then you need to challenge the subject matter jurisdiction of the court, file a judicial conduct complaint against the judge for failing to apply the law to the facts in the case, which is a ministerial duty, not a duty over which he has discretion.
[50:33.480 --> 50:40.480]  The trial judge must determine the facts in accordance with the rules of evidence and apply the law to the facts as it comes to him.
[50:40.480 --> 51:01.480]  And the law in this case is the Fair Debt Collections Practices Act and the Fair Debt Collections Practices Act upon the filing of a debt validation letter until such time as you receive a responsive answer, not just an answer, but an answer that responds to the letter.
[51:01.480 --> 51:09.480]  Then they're subject to statutory estoppel from further collections, period.
[51:09.480 --> 51:20.480]  That's federal law and it applies to this debt collector because the debt collector is collecting under the federal cover.
[51:20.480 --> 51:35.480]  The FDCPA, I mean the Fair Debt Collections Practices Act applies to everybody who collects debt unless this lawyer is a lawyer for the original holder of the debt.
[51:35.480 --> 51:57.480]  And for a judge to say that someone can come into his court and make a claim that a person's money and not have to prove up the claim when challenged is simply not true and you should sue the judge.
[51:57.480 --> 52:05.480]  And this is the second law firm that's involved in this. They brought in a second law firm after the first one.
[52:05.480 --> 52:08.480]  Did you bar-grieve the law firm?
[52:08.480 --> 52:10.480]  I have not, no.
[52:10.480 --> 52:12.480]  Oh, you got to bar-grieve the law firm.
[52:12.480 --> 52:14.480]  The first law firm or the second?
[52:14.480 --> 52:17.480]  Both of them, just for yucks.
[52:17.480 --> 52:23.480]  Say, Mr. Lawyer, welcome to the deep end of the pool.
[52:23.480 --> 52:37.480]  Think about it this way, you buy a new car and you get full coverage on it and you go down to Walmart and go inside and come back out and somebody has backed into it and bashed the fender in.
[52:37.480 --> 52:42.480]  Well, you call the insurance company, they come out and fix it and raise your rates.
[52:42.480 --> 52:46.480]  You go down there next month and somebody bashes in another fender.
[52:46.480 --> 52:50.480]  You call the insurance company, they come out and fix it, they cancel.
[52:50.480 --> 52:54.480]  Your fault, their fault, nobody's fault, they do not care.
[52:54.480 --> 52:59.480]  You are an unacceptable risk.
[52:59.480 --> 53:04.480]  Now, practice insurance is the same way.
[53:04.480 --> 53:09.480]  One bar grievance, your first year of practice, they'll cancel immediately.
[53:09.480 --> 53:13.480]  Two bar grievances, any one year of practice, they'll cancel.
[53:13.480 --> 53:17.480]  Valid, invalid, they don't care.
[53:17.480 --> 53:29.480]  Because they know full well that if you file a bar grievance against a lawyer in Wisconsin, and we have experience with that, the bar will get that grievance and throw it in the trash.
[53:29.480 --> 53:36.480]  Send you back a letter, said be examined into your accusation binder, does not rise to the level of misconduct.
[53:36.480 --> 53:39.480]  Problem for the lawyer.
[53:39.480 --> 53:47.480]  The lawyer pays a lot of money. Now practice insurance starts between 25 and 40 grand a year.
[53:47.480 --> 54:00.480]  If the lawyer gets a bar grievance and he doesn't notice the insurance carrier of the grievance, then he's not covered.
[54:00.480 --> 54:04.480]  So he has to tell on himself.
[54:04.480 --> 54:12.480]  If you file the grievance, the state bar is going to try to protect him by trashing the grievance.
[54:12.480 --> 54:25.480]  But actually they're going to harm him far worse because of the fact that they do not actively investigate into grievances.
[54:25.480 --> 54:31.480]  The insurance company has no option but to double the premiums.
[54:31.480 --> 54:38.480]  They say, guys, you want to collect Trump chains from me in a small claims court?
[54:38.480 --> 54:41.480]  Let's dance.
[54:41.480 --> 54:53.480]  And you accuse them of fraudulently filing the case in the court because they're statutorily stopped by the Fair Debt Collections Practices Act.
[54:53.480 --> 54:55.480]  And they're going to say, no, we're not, no, we're not.
[54:55.480 --> 54:59.480]  You're going to say, yeah, you are, yeah, you are.
[54:59.480 --> 55:05.480]  And then you can sue them in the federal court and remove the small claims action to the federal court.
[55:05.480 --> 55:10.480]  You might look and see if they have pulled your credit.
[55:10.480 --> 55:14.480]  They have never reported any of this to the credit bureaus.
[55:14.480 --> 55:15.480]  Okay.
[55:15.480 --> 55:18.480]  If they had pulled the credit, that's a felony.
[55:18.480 --> 55:21.480]  You can really sting them on that.
[55:21.480 --> 55:31.480]  Go to logosradionetwork.com and go to the sponsors page.
[55:31.480 --> 55:37.480]  And I think it's the blue banner is Michael Miras method.
[55:37.480 --> 55:45.480]  He will show you how to kick debt collectors behind every way from Sunday.
[55:45.480 --> 55:54.480]  And we have a guy in Madison, Wisconsin that got sued over a couple of credit cards.
[55:54.480 --> 55:57.480]  One of them, they paid him $6,000 to go away.
[55:57.480 --> 56:00.480]  The other they paid him $3,000 to go away.
[56:00.480 --> 56:06.480]  And he was annoyed that he didn't have any more credit cards.
[56:06.480 --> 56:14.480]  He was saying he was going to have to go out and give him another one so that he could make some more money.
[56:14.480 --> 56:16.480]  These guys are extremely vulnerable.
[56:16.480 --> 56:19.480]  They never do anything right.
[56:19.480 --> 56:27.480]  And from my perspective in what we do, you know, I'm not saying that the judge is a scoundrel,
[56:27.480 --> 56:30.480]  but he's listening to supposed learned counsel.
[56:30.480 --> 56:37.480]  And the problem with learned counsel is they only lie when their lips are moving.
[56:37.480 --> 56:46.480]  So they'll tell him a bunch of nonsense and he will tend to believe them over you because generally these courts,
[56:46.480 --> 56:49.480]  the judges are not necessarily lawyers.
[56:49.480 --> 56:51.480]  They're considered inferior courts.
[56:51.480 --> 56:53.480]  So if he's not a lawyer, he'll believe anything they say.
[56:53.480 --> 57:00.480]  If he is a lawyer, then his snouts in the same trough with these other lawyers, he probably practices with them.
[57:00.480 --> 57:05.480]  So he's going to tend to rule in their favor even when he's intending to be honest.
[57:05.480 --> 57:08.480]  He's likely to be slanted in that favor.
[57:08.480 --> 57:15.480]  So a good swift kick in the professional behind with a judicial conduct complaint
[57:15.480 --> 57:23.480]  or even a tort letter to the county commissioners notifying them that you intend to sue and a tort letter to him
[57:23.480 --> 57:33.480]  because when the judge acts without subject matter jurisdiction, he has no immunity.
[57:33.480 --> 57:37.480]  And that will scare the bejesus out of it.
[57:37.480 --> 57:44.480]  Whether you actually follow through with the suit or not, he needs to understand that when you look out here
[57:44.480 --> 57:49.480]  and you get up behind the bench and look out across the bar at the gallery
[57:49.480 --> 58:00.480]  and all those chump civilians out there, you never know which one's going to sting you good.
[58:00.480 --> 58:05.480]  Okay, hang on. This is Randy Kelton, Deborah Stevens, Rule of Law Radio.
[58:05.480 --> 58:08.480]  We'll go to our top of the hour break.
[58:08.480 --> 58:11.480]  Do you have any more questions for us? Did I pretty well answer that?
[58:11.480 --> 58:14.480]  No, you did answer it well. Thank you, Randy.
[58:14.480 --> 58:18.480]  Okay, thank you, Lon. I see Patrick there. We'll pick you up.
[58:18.480 --> 58:21.480]  We'll come back on the other side.
[58:21.480 --> 58:24.480]  This is Randy Kelton, Deborah Stevens, Rule of Law Radio.
[58:24.480 --> 58:30.480]  I call in number 512-646-1984. Give us a call.
[58:30.480 --> 58:34.480]  I said when I went out last time, I like the questions I can't answer.
[58:34.480 --> 58:40.480]  And that's because when I get a question I can't answer, then I'm learning something.
[58:40.480 --> 58:50.480]  And I like that part. So give us a call. We'll be right back.
[58:50.480 --> 58:55.480]  The Bible remains the most popular book in the world, yet countless readers are frustrated
[58:55.480 --> 58:58.480]  because they struggle to understand it.
[58:58.480 --> 59:01.480]  Some new translations try to help by simplifying the text,
[59:01.480 --> 59:06.480]  but in the process can compromise the profound meaning of the Scripture.
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[59:22.480 --> 59:28.480]  providing an entrance into the riches of the Word beyond which you've ever experienced before.
[59:28.480 --> 59:33.480]  Bibles for America would like to give you a free recovery version simply for the asking.
[59:33.480 --> 59:43.480]  This comprehensive yet compact study Bible is yours just by calling us toll free at 1-888-551-0102
[59:43.480 --> 59:53.480]  or by ordering online at freestudybible.com. That's freestudybible.com.
[59:53.480 --> 01:00:03.480]  You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:03.480 --> 01:00:07.480]  This is the Liberty Beat, your daily source for Liberty news and activist updates,
[01:00:07.480 --> 01:00:09.480]  online at thelibertybeat.com.
[01:00:09.480 --> 01:00:13.480]  I'm Brian Hagan with your Liberty Beat for Thursday, May 22, 2014.
[01:00:13.480 --> 01:00:15.480]  Gold opened today, $1,302.
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[01:00:31.480 --> 01:00:33.480]  Learn more at GrowYourOwnGroceries.org.
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[01:00:46.480 --> 01:00:49.480]  That's 844-248-6246.
[01:00:49.480 --> 01:00:52.480]  In the news, a move in the wrong direction.
[01:00:52.480 --> 01:00:54.480]  That's what the Reform Government Surveillance Coalition,
[01:00:54.480 --> 01:00:58.480]  comprised of top tech firms such as Google, Facebook, and Microsoft,
[01:00:58.480 --> 01:01:01.480]  are calling a bill touted as a reform of NSA spying.
[01:01:01.480 --> 01:01:04.480]  According to Russia Today, the so-called USA Freedom Act
[01:01:04.480 --> 01:01:07.480]  would remove the mass storage of phone records from the United States government.
[01:01:07.480 --> 01:01:11.480]  Instead, it would require telecommunications companies to store the data.
[01:01:11.480 --> 01:01:15.480]  The NSA would then need FISA approval to search the information.
[01:01:15.480 --> 01:01:20.480]  The coalition Wednesday issued a statement one day ahead of the House vote on the bill.
[01:01:20.480 --> 01:01:23.480]  They say the bill to be voted on is not the same as the one that passed
[01:01:23.480 --> 01:01:27.480]  the House Judiciary and Intelligence Committees earlier this month.
[01:01:27.480 --> 01:01:30.480]  The opposition is focused on the broad definition for how and when
[01:01:30.480 --> 01:01:33.480]  government officials can search the stored phone records.
[01:01:33.480 --> 01:01:37.480]  The European Commission has announced new charges against U.S. bank JP Morgan,
[01:01:37.480 --> 01:01:43.480]  Europe's HSBC, and France's credit, Agricole, related to financial rigging.
[01:01:43.480 --> 01:01:46.480]  The Commission says they're concerned the three banks may have been involved
[01:01:46.480 --> 01:01:50.480]  in a scheme to distort prices of euro interest rate derivatives.
[01:01:50.480 --> 01:01:54.480]  JP Morgan and HSBC deny any wrongdoing.
[01:01:54.480 --> 01:01:57.480]  Over 100 arrests made Wednesday as nearly 2,000 protesters
[01:01:57.480 --> 01:02:02.480]  demanded increased wages and the right to unionize for McDonald's employees.
[01:02:02.480 --> 01:02:05.480]  The protest happened near the fast food giant's Oakbrook, Illinois headquarters,
[01:02:05.480 --> 01:02:08.480]  timed with the company's shareholders' meeting.
[01:02:08.480 --> 01:02:11.480]  According to Businessweek, the 125 arrested on trespassing charges
[01:02:11.480 --> 01:02:15.480]  included McDonald's employees, members of clergy, and labor leaders.
[01:02:15.480 --> 01:02:18.480]  The protest was the latest in a series of demonstrations across the nation
[01:02:18.480 --> 01:02:23.480]  as the employees pressed for an hourly wage of $15 and a union.
[01:02:23.480 --> 01:02:27.480]  Support for the Liberty Beat comes from Affordable Sound, CD and DVD duplication,
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[01:02:45.480 --> 01:02:50.480]  Tickets on sale now. Get 10% off with promo code FREEDOM June 21 at Austin Music Hall.
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[01:02:53.480 --> 01:02:58.480]  This is the Liberty Beat for Thursday, May 22, 2014.
[01:02:58.480 --> 01:03:00.480]  I'm Brian Hagan, reporting.
[01:03:28.480 --> 01:03:50.480]  Okay, we are back.
[01:03:50.480 --> 01:03:53.480]  Randy Kelton, Debra Stevens, Roodleball Radio.
[01:03:53.480 --> 01:03:58.480]  And we're going back to Patrick in Texas.
[01:03:58.480 --> 01:04:05.480]  And Patrick, I searched my email and found yours.
[01:04:05.480 --> 01:04:07.480]  I'm looking through it.
[01:04:07.480 --> 01:04:15.480]  This will take a little going over as it's somewhat, this timeshare thing is,
[01:04:15.480 --> 01:04:18.480]  oops, I'm not multitasking well.
[01:04:18.480 --> 01:04:20.480]  I'm trying to bring the page up.
[01:04:20.480 --> 01:04:23.480]  I'm looking at the deed of trust.
[01:04:23.480 --> 01:04:26.480]  Do you have the note in there?
[01:04:26.480 --> 01:04:28.480]  I didn't get to that yet.
[01:04:28.480 --> 01:04:30.480]  Yeah, I did send you the full file.
[01:04:30.480 --> 01:04:32.480]  I just wanted to make sure you got it.
[01:04:32.480 --> 01:04:36.480]  I didn't want to put you on the spot or anything, but I did send a full file on all of them.
[01:04:36.480 --> 01:04:39.480]  What was the interest rate on the note?
[01:04:39.480 --> 01:04:41.480]  I don't have it in front of me.
[01:04:41.480 --> 01:04:45.480]  They were different between the two.
[01:04:45.480 --> 01:04:52.480]  Are you talking about the difference between the note and the two single ending statements?
[01:04:52.480 --> 01:04:54.480]  The one between the two contracts.
[01:04:54.480 --> 01:04:56.480]  There's two separate contracts that I've had.
[01:04:56.480 --> 01:04:58.480]  I wanted to make sure you got both of those.
[01:04:58.480 --> 01:04:59.480]  They're pretty big.
[01:04:59.480 --> 01:05:00.480]  Oh.
[01:05:00.480 --> 01:05:03.480]  And so there's two different ones.
[01:05:03.480 --> 01:05:13.480]  And they should be composite of all of the documents that were rendered as a result of the closing and title.
[01:05:13.480 --> 01:05:18.480]  It's not just a process, but meeting mostly.
[01:05:18.480 --> 01:05:19.480]  Okay.
[01:05:19.480 --> 01:05:22.480]  One of the other things that I will need.
[01:05:22.480 --> 01:05:23.480]  I'm surprised.
[01:05:23.480 --> 01:05:32.480]  I looked at the HUD-1 settlement statement, and on this, there were no closing fees at all.
[01:05:32.480 --> 01:05:35.480]  The only thing they charged was insurance and tax.
[01:05:35.480 --> 01:05:40.480]  That is most unusual.
[01:05:40.480 --> 01:05:42.480]  So that's one claim that I don't get to make.
[01:05:42.480 --> 01:05:52.480]  Now what I want to look at is the amount that you agreed to pay on the note.
[01:05:52.480 --> 01:05:58.480]  And I want to compare that to the amount they actually charged you.
[01:05:58.480 --> 01:05:59.480]  Okay.
[01:05:59.480 --> 01:06:07.480]  And I want to compare it to the amounts on the two single ending statements.
[01:06:07.480 --> 01:06:15.480]  I'm almost at the bottom, and I haven't seen either of the notes.
[01:06:15.480 --> 01:06:18.480]  No, I don't see the notes at all.
[01:06:18.480 --> 01:06:20.480]  It might be in the other document.
[01:06:20.480 --> 01:06:27.480]  But we want to look at, I have a spreadsheet that I can set these to.
[01:06:27.480 --> 01:06:28.480]  Okay.
[01:06:28.480 --> 01:06:39.480]  And what I'll do is a complete amortization based on what you signed the note agreeing to pay.
[01:06:39.480 --> 01:06:47.480]  And that'll calculate out a monthly payment amount of principal and interest.
[01:06:47.480 --> 01:06:53.480]  And look at what the statements demanded that you pay.
[01:06:53.480 --> 01:06:57.480]  Oh, there's a note.
[01:06:57.480 --> 01:07:00.480]  But it's so small I can't read it.
[01:07:00.480 --> 01:07:01.480]  I'm old.
[01:07:01.480 --> 01:07:02.480]  I don't see though.
[01:07:02.480 --> 01:07:05.480]  Here we go.
[01:07:05.480 --> 01:07:09.480]  $5,000.
[01:07:09.480 --> 01:07:12.480]  I'll have to do this when I have a little more time.
[01:07:12.480 --> 01:07:16.480]  It shows an unpaid interest rate.
[01:07:16.480 --> 01:07:23.480]  $29,906.30 was the original amount.
[01:07:23.480 --> 01:07:27.480]  Financed, I'm looking for an interest rate.
[01:07:27.480 --> 01:07:28.480]  Okay.
[01:07:28.480 --> 01:07:30.480]  All of that will calculate out to a payment.
[01:07:30.480 --> 01:07:33.480]  Everybody who has a mortgage should do this.
[01:07:33.480 --> 01:07:39.480]  You can go online and find an amortization schedule.
[01:07:39.480 --> 01:07:46.480]  You want one that is a spreadsheet that shows every payment,
[01:07:46.480 --> 01:07:53.480]  the amount of principal and interest, and put in your numbers for the note,
[01:07:53.480 --> 01:07:58.480]  because the note is what you signed the document and agreed to pay.
[01:07:58.480 --> 01:08:03.480]  And see what your payment comes up and what the principal and interest is.
[01:08:03.480 --> 01:08:08.480]  And then put in the numbers from the truth in lending statement.
[01:08:08.480 --> 01:08:12.480]  A truth in lending statement, the amounts are always different.
[01:08:12.480 --> 01:08:19.480]  Like here, you agreed to pay them $29,906.30.
[01:08:19.480 --> 01:08:30.480]  On the truth in lending statement, the amount it showed you agreed to pay was $27,072.
[01:08:30.480 --> 01:08:36.480]  Now the truth in lending showed an interest rate of 13.9.
[01:08:36.480 --> 01:08:39.480]  That is incredibly high.
[01:08:39.480 --> 01:08:44.480]  And even if we can't get this thing to go away, you should refinance this.
[01:08:44.480 --> 01:08:51.480]  You get this thing down to 4% or 5%, and that will cut your payments dramatically.
[01:08:51.480 --> 01:08:58.480]  But if we can find a variance between what you agreed to pay
[01:08:58.480 --> 01:09:04.480]  and what they actually charged you, now we've got something to work with.
[01:09:04.480 --> 01:09:10.480]  You want to run these two amortizations right next to each other.
[01:09:10.480 --> 01:09:15.480]  And then in a separate column in the spreadsheet,
[01:09:15.480 --> 01:09:24.480]  if there's a difference between what you agreed to pay and what they actually charged you,
[01:09:24.480 --> 01:09:29.480]  and almost always it will be more.
[01:09:29.480 --> 01:09:32.480]  They're charging you more than you agreed to pay.
[01:09:32.480 --> 01:09:38.480]  You set a column on the edge of the amortization schedule,
[01:09:38.480 --> 01:09:46.480]  and in that column you select the amount you were required to pay
[01:09:46.480 --> 01:09:55.480]  and subtract that from the amount they told you to pay and put that amount in this column.
[01:09:55.480 --> 01:09:58.480]  That will show you your overpayment every month.
[01:09:58.480 --> 01:10:06.480]  And then in the next column, take the principal and subtract that overpayment amount from the principal
[01:10:06.480 --> 01:10:08.480]  and drop it in this column.
[01:10:08.480 --> 01:10:13.480]  And then you can follow the column down and you'll see where you zeroed out.
[01:10:13.480 --> 01:10:17.480]  The first one I did this with was Steve Skidmore.
[01:10:17.480 --> 01:10:26.480]  And he agreed to pay $116,000 at 6%.
[01:10:26.480 --> 01:10:35.480]  The truth in lending statement called for $113,900 at 6.5%.
[01:10:35.480 --> 01:10:38.480]  Well, I ran those two numbers together.
[01:10:38.480 --> 01:10:43.480]  He would have paid $47 a month extra.
[01:10:43.480 --> 01:10:52.480]  At payment $240 of $360, his balance went to zero.
[01:10:52.480 --> 01:10:57.480]  The rest of that was theft by fraud.
[01:10:57.480 --> 01:11:05.480]  And he would have paid some $50,000 extra over the period of the note.
[01:11:05.480 --> 01:11:10.480]  So even if there's not a large amount each month overpaid,
[01:11:10.480 --> 01:11:15.480]  over the period of the note that can amount to quite a bit.
[01:11:15.480 --> 01:11:23.480]  So when I get a little time, I'll run these numbers through a tool that I have.
[01:11:23.480 --> 01:11:31.480]  And if anybody wants to run this kind of an amortization,
[01:11:31.480 --> 01:11:37.480]  if you send me an email, I'll send you a link to a tool that I have
[01:11:37.480 --> 01:11:41.480]  or I'll just send you the tool and you can put the figures in it.
[01:11:41.480 --> 01:11:48.480]  And you can tell if they use them or not.
[01:11:48.480 --> 01:11:55.480]  And almost every one of them that I come across, if your note is before 2010,
[01:11:55.480 --> 01:11:59.480]  almost every one of them is really screwed up.
[01:11:59.480 --> 01:12:02.480]  And they're charging you more than you should be paying.
[01:12:02.480 --> 01:12:05.480]  That's a great suit.
[01:12:05.480 --> 01:12:11.480]  Because in the matter of fraud of this type,
[01:12:11.480 --> 01:12:16.480]  you don't sue them for the amount they actually defrauded you of.
[01:12:16.480 --> 01:12:20.480]  Like in Steve's case, the note was only five years old.
[01:12:20.480 --> 01:12:24.480]  You sue them for the amount they would have defrauded you of
[01:12:24.480 --> 01:12:30.480]  had their plan ran to fruition over the 30 years.
[01:12:30.480 --> 01:12:32.480]  In this case, it had been about 50 grand.
[01:12:32.480 --> 01:12:37.480]  But you don't sue for that amount either, you sue for triple.
[01:12:37.480 --> 01:12:40.480]  So if they've overcharged you very much,
[01:12:40.480 --> 01:12:43.480]  good chance you will come up with a claim against them
[01:12:43.480 --> 01:12:49.480]  in excess of the amount that you owed them.
[01:12:49.480 --> 01:12:52.480]  Now they have a problem.
[01:12:52.480 --> 01:12:59.480]  So you can sue them and if you do that in the federal court,
[01:12:59.480 --> 01:13:04.480]  you sue the debt collector because you'll be able to show
[01:13:04.480 --> 01:13:09.480]  that the debt collector purchased the debt.
[01:13:09.480 --> 01:13:13.480]  And here's a problem that it has in purchasing the debt.
[01:13:13.480 --> 01:13:19.480]  Under the FTC Holder Rule, what the FTC said,
[01:13:19.480 --> 01:13:24.480]  the Federal Trade Commission said was that we have these lenders
[01:13:24.480 --> 01:13:32.480]  going into business creating these loans through these predatory loans
[01:13:32.480 --> 01:13:38.480]  and then they go out of business leaving the borrower with no remedy.
[01:13:38.480 --> 01:13:48.480]  Therefore, in the matter of a debt based on a consumer transaction,
[01:13:48.480 --> 01:13:53.480]  any subsequent holder of the note stands in the shoes of the lender
[01:13:53.480 --> 01:14:00.480]  and is subject to any claim the borrower would have against the lender.
[01:14:00.480 --> 01:14:07.480]  And effectively what that means is there is no holder in due course.
[01:14:07.480 --> 01:14:10.480]  These guys have called themselves a holder in due course.
[01:14:10.480 --> 01:14:16.480]  They are no such thing because a holder in due course,
[01:14:16.480 --> 01:14:22.480]  if I write you a check and you accept that check in good faith,
[01:14:22.480 --> 01:14:28.480]  you are a holder in due course, you have no responsibility for any fraud
[01:14:28.480 --> 01:14:31.480]  I may have committed in the creation of that check
[01:14:31.480 --> 01:14:33.480]  because you have nothing to do with that.
[01:14:33.480 --> 01:14:35.480]  If you give it to the bank and it bounces,
[01:14:35.480 --> 01:14:37.480]  they're not going to come back after you for fraud.
[01:14:37.480 --> 01:14:40.480]  They're going to come back after me.
[01:14:40.480 --> 01:14:47.480]  In this case, the holder, the successor or assign
[01:14:47.480 --> 01:14:52.480]  is responsible for any wrongdoing of the borrower.
[01:14:52.480 --> 01:14:55.480]  So he is not a holder in due course.
[01:14:55.480 --> 01:14:59.480]  He is simply a holder and he has imputed knowledge
[01:14:59.480 --> 01:15:02.480]  of anything the lender may have done wrong
[01:15:02.480 --> 01:15:07.480]  and he is vicariously liable for anything the lender may have done
[01:15:07.480 --> 01:15:10.480]  so you can sue him for all of it.
[01:15:10.480 --> 01:15:14.480]  So this guy buys a debt for chump change
[01:15:14.480 --> 01:15:21.480]  and then he files a suit in a local small claims court
[01:15:21.480 --> 01:15:26.480]  and then you land on him in the federal court with a federal lawsuit
[01:15:26.480 --> 01:15:28.480]  and make a rather large claim against him,
[01:15:28.480 --> 01:15:33.480]  bar grieving him a time or two and double or triple his malpractice insurance.
[01:15:33.480 --> 01:15:38.480]  He is going to want a way to get rid of you
[01:15:38.480 --> 01:15:44.480]  and then you play, let's make a deal.
[01:15:44.480 --> 01:15:50.480]  Does that sound like fun?
[01:15:50.480 --> 01:15:54.480]  This can be with that smaller note.
[01:15:54.480 --> 01:15:59.480]  If you find much error in it at all,
[01:15:59.480 --> 01:16:04.480]  good chance you can double or triple the amount that they're claiming,
[01:16:04.480 --> 01:16:14.480]  especially if the note is very old, especially the amount that's still remaining on the note.
[01:16:14.480 --> 01:16:17.480]  It's hard to win in court.
[01:16:17.480 --> 01:16:24.480]  So the best strategy is generally make the best claim you can against them
[01:16:24.480 --> 01:16:27.480]  and once you get the claim in place and they're struggling to try to answer,
[01:16:27.480 --> 01:16:29.480]  call them up and say, look guys,
[01:16:29.480 --> 01:16:32.480]  I don't want to be in court with you the next two or three years.
[01:16:32.480 --> 01:16:34.480]  That's going to give me a headache.
[01:16:34.480 --> 01:16:37.480]  Make me a deal I can't pass up.
[01:16:37.480 --> 01:16:41.480]  Just write me the warranty deed, cancel this note,
[01:16:41.480 --> 01:16:44.480]  and I'll drop my suit and we can all go home.
[01:16:44.480 --> 01:16:47.480]  Hang on, Randy.
[01:16:47.480 --> 01:16:49.480]  This is the root of our radio.
[01:16:49.480 --> 01:16:52.480]  Call in number 512-646-1984.
[01:16:52.480 --> 01:16:54.480]  I'll look at some of this over the break.
[01:16:54.480 --> 01:16:55.480]  Hang on, Patrick.
[01:16:55.480 --> 01:17:00.480]  We'll be right back.
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[01:19:24.480 --> 01:19:31.480]  Okay, we are back.
[01:19:31.480 --> 01:19:35.480]  Randy Kelton, Debra Stevens, Rule Our Radio, and we're...
[01:19:35.480 --> 01:19:43.480]  Oh.
[01:19:43.480 --> 01:19:45.480]  Okay, we are back.
[01:19:45.480 --> 01:19:52.480]  Randy Kelton, Debra Stevens, Rule Our Radio, and we're talking to Patrick in Texas.
[01:19:52.480 --> 01:19:55.480]  There we go.
[01:19:55.480 --> 01:19:56.480]  Okay.
[01:19:56.480 --> 01:19:57.480]  I'm looking through this.
[01:19:57.480 --> 01:20:05.480]  I found another, a second Truth in Lending Statement, and the second Truth in Lending Statement matches exactly the note.
[01:20:05.480 --> 01:20:08.480]  This is interesting.
[01:20:08.480 --> 01:20:10.480]  You have two Truth in Lending Statements.
[01:20:10.480 --> 01:20:18.480]  The first Truth in Lending Statement had on at an interest rate of 13.9.
[01:20:18.480 --> 01:20:21.480]  Question.
[01:20:21.480 --> 01:20:34.480]  When you were negotiating this contract, what was the disclosed expected interest rate?
[01:20:34.480 --> 01:20:47.480]  I'd have to go back and double-check that to make sure what my handwritten notes were.
[01:20:47.480 --> 01:20:51.480]  Okay, while you're...
[01:20:51.480 --> 01:20:57.480]  It is a common practice that they promote you to get you to buy.
[01:20:57.480 --> 01:21:08.480]  Once they get you to mentally own the product, then they start doing their little song and dance and seltzer down your pants,
[01:21:08.480 --> 01:21:13.480]  where they start changing conditions.
[01:21:13.480 --> 01:21:16.480]  They kind of, it's going to go through, everything is great.
[01:21:16.480 --> 01:21:19.480]  Oh, yeah, but we have this one minor little problem.
[01:21:19.480 --> 01:21:25.480]  And they get you, they deliberately try to generate stress.
[01:21:25.480 --> 01:21:32.480]  So when they put the final document in front of you, after they put a whole stack of documents in front of you,
[01:21:32.480 --> 01:21:41.480]  and the details of the final document they put in front of you is not what you negotiated.
[01:21:41.480 --> 01:21:47.480]  But you've signed so many documents, they've got your brains turned on,
[01:21:47.480 --> 01:21:52.480]  because you've read a stack of documents an inch higher, you're kind of losing track of all of this.
[01:21:52.480 --> 01:21:56.480]  People tend to sign that anyway and they know it.
[01:21:56.480 --> 01:22:04.480]  That is essentially an industry standard, and it is absolutely fraudulent.
[01:22:04.480 --> 01:22:15.480]  And I am, it would take me a while to go through all this, but I'm looking at a contract for purchase of sale
[01:22:15.480 --> 01:22:23.480]  that has closing charges of $978 on it.
[01:22:23.480 --> 01:22:28.480]  That's wonderful.
[01:22:28.480 --> 01:22:34.480]  This, okay, so it's $978.
[01:22:34.480 --> 01:22:45.480]  What we, at closing, did the lender provide to you documentation in the form of invoicing
[01:22:45.480 --> 01:22:55.480]  to show that all of the fees charged at closing were fees for services actually rendered,
[01:22:55.480 --> 01:23:07.480]  were fees by bona fide vendors and not by fees going to your fiduciaries,
[01:23:07.480 --> 01:23:11.480]  that the services charged for were necessary,
[01:23:11.480 --> 01:23:19.480]  that the charges for the services were not otherwise forbidden by the Real Estate Settlement Procedures Act
[01:23:19.480 --> 01:23:26.480]  and Truth in Lending Act, and that the lender did not take an undisclosed markup on those fees.
[01:23:26.480 --> 01:23:30.480]  Now this all walks right down the Truth in Lending Act.
[01:23:30.480 --> 01:23:33.480]  These are restrictions.
[01:23:33.480 --> 01:23:38.480]  And since they didn't give you any evidence to indicate that these, and they never do,
[01:23:38.480 --> 01:23:43.480]  that these fees were valid, you just claim they're all invalid.
[01:23:43.480 --> 01:23:50.480]  And do an amortization, and the first thing you do is subtract the closing fees
[01:23:50.480 --> 01:23:59.480]  from the principal that you owe as an overpayment on the first payment.
[01:23:59.480 --> 01:24:01.480]  Then run the note out.
[01:24:01.480 --> 01:24:10.480]  You will be surprised at how much this, in this case it was $978,
[01:24:10.480 --> 01:24:16.480]  how much that will add up to over the life of the note.
[01:24:16.480 --> 01:24:18.480]  This was a ten-year note.
[01:24:18.480 --> 01:24:25.480]  So the interest on this $978 that you would pay the second month
[01:24:25.480 --> 01:24:30.480]  adds to the principal, and the next month you pay interest on the interest.
[01:24:30.480 --> 01:24:31.480]  Right.
[01:24:31.480 --> 01:24:33.480]  And that really adds up.
[01:24:33.480 --> 01:24:36.480]  They stick a little bit on the head of the note.
[01:24:36.480 --> 01:24:42.480]  It's not just about triple or quadruple by the term of the note.
[01:24:42.480 --> 01:24:48.480]  This being 120 payments, it may not, it's at least going to double.
[01:24:48.480 --> 01:24:55.480]  And if I stole from you $1,800, that's a felony.
[01:24:55.480 --> 01:24:57.480]  Right.
[01:24:57.480 --> 01:25:00.480]  And that is exactly what these fraudulent fees.
[01:25:00.480 --> 01:25:07.480]  In Florida there was a case where a woman sued over a $50 fee that wasn't
[01:25:07.480 --> 01:25:10.480]  documented and wasn't supported, and she won the cases.
[01:25:10.480 --> 01:25:15.480]  Her name was Rodash, and that was kind of a seminal case.
[01:25:15.480 --> 01:25:18.480]  Now all of these fees are called Rodash fees.
[01:25:18.480 --> 01:25:24.480]  I have yet to see a single closing statement that did not have
[01:25:24.480 --> 01:25:26.480]  fraudulent fees on it.
[01:25:26.480 --> 01:25:31.480]  I've had people that I was helping with foreclosure issues that when I
[01:25:31.480 --> 01:25:35.480]  showed them this amortization and they saw that I was challenging the
[01:25:35.480 --> 01:25:39.480]  fees on the HUD-1 settlement statement, and these were people who had
[01:25:39.480 --> 01:25:47.480]  worked in the industry, they said, don't you dare put that on there.
[01:25:47.480 --> 01:25:52.480]  The last thing they wanted was that on there because they knew full well
[01:25:52.480 --> 01:25:56.480]  that they had done that themselves.
[01:25:56.480 --> 01:25:59.480]  And by challenging these folks, they were afraid that they themselves
[01:25:59.480 --> 01:26:06.480]  would go to prison because they knew that was criminal.
[01:26:06.480 --> 01:26:10.480]  And so I'll look at this one once we get off the air, I'll have a little
[01:26:10.480 --> 01:26:16.480]  more time, but everybody should look over their documentation.
[01:26:16.480 --> 01:26:24.480]  Every single set of documents I've looked at had these fraudulent fees in
[01:26:24.480 --> 01:26:27.480]  the HUD-1 settlement statement.
[01:26:27.480 --> 01:26:31.480]  It's just an industry standard.
[01:26:31.480 --> 01:26:40.480]  This is institutionalized crime, and here they're charging you almost 18%,
[01:26:40.480 --> 01:26:45.480]  and that brings up another issue.
[01:26:45.480 --> 01:26:50.480]  You might look up, this is not something I get to often, but what's the
[01:26:50.480 --> 01:26:51.480]  term for it?
[01:26:51.480 --> 01:26:52.480]  Usury.
[01:26:52.480 --> 01:26:53.480]  Yes.
[01:26:53.480 --> 01:26:55.480]  This is close to usury.
[01:26:55.480 --> 01:26:59.480]  Now they're charging you 18% interest.
[01:26:59.480 --> 01:27:07.480]  If they've charged you amounts that were not valid, then those are extra
[01:27:07.480 --> 01:27:13.480]  charges, and you calculate what you're actually paying based on what you
[01:27:13.480 --> 01:27:19.480]  agreed to pay, less any fraudulent amounts.
[01:27:19.480 --> 01:27:26.480]  And anything they're having you pay that's in excess of that, then that's
[01:27:26.480 --> 01:27:33.480]  considered interest, and you could use those extra amounts to push up the
[01:27:33.480 --> 01:27:34.480]  interest rate.
[01:27:34.480 --> 01:27:39.480]  The way you do that is you change your principal to what the principal
[01:27:39.480 --> 01:27:46.480]  should be without the fraudulent fees, and then you change the interest rate
[01:27:46.480 --> 01:27:51.480]  until the payment amount calculated by the interest rate in the
[01:27:51.480 --> 01:27:57.480]  amortization schedule matches what you were being asked to pay, and that
[01:27:57.480 --> 01:28:00.480]  will tell you what the interest they were actually charging was.
[01:28:00.480 --> 01:28:05.480]  And if it goes over 20%, they have themselves a problem.
[01:28:05.480 --> 01:28:08.480]  Usury is also a felony.
[01:28:08.480 --> 01:28:09.480]  Yes.
[01:28:09.480 --> 01:28:17.480]  Now is it pretty well standard that 18 or 20, whatever number it is?
[01:28:17.480 --> 01:28:23.480]  I think 20% is usury, but this is incredibly high.
[01:28:23.480 --> 01:28:28.480]  This should absolutely be refinanced.
[01:28:28.480 --> 01:28:29.480]  Right.
[01:28:29.480 --> 01:28:36.480]  You can refinance it down to 4 or 5%, and then you can still go after these
[01:28:36.480 --> 01:28:38.480]  guys.
[01:28:38.480 --> 01:28:44.480]  Okay, this we're not supposed to say, but in the end it don't matter
[01:28:44.480 --> 01:28:47.480]  because it's all about the money.
[01:28:47.480 --> 01:28:52.480]  If you sue, the courts are going to rule against you out of hand at every
[01:28:52.480 --> 01:28:53.480]  turn.
[01:28:53.480 --> 01:28:58.480]  It don't matter because it's all about the money.
[01:28:58.480 --> 01:29:02.480]  It's going to cost that lawyer two, three, four hundred bucks an hour to
[01:29:02.480 --> 01:29:05.480]  prepare documents to defend your case.
[01:29:05.480 --> 01:29:10.480]  It's going to cost you a little annoyance and pain in the neck and little
[01:29:10.480 --> 01:29:13.480]  research.
[01:29:13.480 --> 01:29:15.480]  It's all about the money.
[01:29:15.480 --> 01:29:16.480]  You get the suit filed.
[01:29:16.480 --> 01:29:17.480]  You make all these claims.
[01:29:17.480 --> 01:29:20.480]  He knows he's going to beat you in court.
[01:29:20.480 --> 01:29:24.480]  So what?
[01:29:24.480 --> 01:29:27.480]  You win, you lose.
[01:29:27.480 --> 01:29:28.480]  That's all there is to that.
[01:29:28.480 --> 01:29:29.480]  You're going to lose.
[01:29:29.480 --> 01:29:32.480]  It's just a matter of how much you're going to lose.
[01:29:32.480 --> 01:29:37.480]  So go to him, make a deal.
[01:29:37.480 --> 01:29:41.480]  Depending on how much we can find, you might want him to just give you clear
[01:29:41.480 --> 01:29:43.480]  title and we all go home.
[01:29:43.480 --> 01:29:45.480]  Right.
[01:29:45.480 --> 01:29:46.480]  Okay.
[01:29:46.480 --> 01:29:47.480]  Okay.
[01:29:47.480 --> 01:29:51.480]  I'll look this over and give us a call next week and we'll talk about this
[01:29:51.480 --> 01:29:52.480]  again.
[01:29:52.480 --> 01:29:53.480]  Thank you.
[01:29:53.480 --> 01:29:54.480]  Thanks, Randy.
[01:29:54.480 --> 01:29:55.480]  Okay.
[01:29:55.480 --> 01:29:57.480]  Randy Kelton, Debra Stevens, Rule of Law Radio.
[01:29:57.480 --> 01:30:03.480]  We'll be right back.
[01:30:03.480 --> 01:30:06.480]  Do you rise with the roosters or hoot with the owls?
[01:30:06.480 --> 01:30:09.480]  Either way, it's your brain that determines what time of day you're at your
[01:30:09.480 --> 01:30:10.480]  best.
[01:30:10.480 --> 01:30:13.480]  I'm Dr. Catherine Albrecht and I'll be back with new research on how the
[01:30:13.480 --> 01:30:17.480]  clock affects brain function next.
[01:30:17.480 --> 01:30:19.480]  Privacy is under attack.
[01:30:19.480 --> 01:30:22.480]  When you give up data about yourself, you'll never get it back again.
[01:30:22.480 --> 01:30:26.480]  And once your privacy is gone, you'll find your freedoms will start to vanish
[01:30:26.480 --> 01:30:27.480]  too.
[01:30:27.480 --> 01:30:29.480]  So protect your rights.
[01:30:29.480 --> 01:30:32.480]  Say no to surveillance and keep your information to yourself.
[01:30:32.480 --> 01:30:35.480]  Privacy, it's worth hanging on to.
[01:30:35.480 --> 01:30:39.480]  This message is brought to you by StartPage.com, the private search engine
[01:30:39.480 --> 01:30:42.480]  alternative to Google, Yahoo, and Bing.
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[01:30:46.480 --> 01:30:48.480]  Are you a morning person or a night owl?
[01:30:48.480 --> 01:30:51.480]  Researchers say our brains determine the answer.
[01:30:51.480 --> 01:30:55.480]  They scan volunteers for muscle strength and the excitability of pathways
[01:30:55.480 --> 01:30:57.480]  through their nervous systems.
[01:30:57.480 --> 01:31:01.480]  They found the brains of early risers worked best at 9 a.m., while the night
[01:31:01.480 --> 01:31:03.480]  owls peaked at 9 p.m.
[01:31:03.480 --> 01:31:07.480]  Late sleepers also grew stronger throughout the day, while morning folks
[01:31:07.480 --> 01:31:08.480]  stayed steady.
[01:31:08.480 --> 01:31:11.480]  So early birds, go easy on those night owls.
[01:31:11.480 --> 01:31:14.480]  Sleeping in is more a function of biology than willpower.
[01:31:14.480 --> 01:31:18.480]  And once they clear the sleep from their eyes, night owls grow stronger with
[01:31:18.480 --> 01:31:22.480]  each passing moment, so they're on a continual upswing.
[01:31:22.480 --> 01:31:26.480]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private
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[01:33:02.480 --> 01:33:13.480]  You are listening to the Logos Radio Network, logosradionetwork.com.
[01:33:13.480 --> 01:33:15.480]  Yeah, and who you want to chip?
[01:33:15.480 --> 01:33:16.480]  Who you take me for?
[01:33:16.480 --> 01:33:17.480]  Free Tony?
[01:33:17.480 --> 01:33:18.480]  Who you want to chip?
[01:33:18.480 --> 01:33:19.480]  I'm not free Tony.
[01:33:19.480 --> 01:33:20.480]  You can't chip me.
[01:33:20.480 --> 01:33:22.480]  Oh, I'm sorry.
[01:33:22.480 --> 01:33:25.480]  All of them chip you in the morning, chip you in the evening.
[01:33:25.480 --> 01:33:27.480]  Put the chip in your body.
[01:33:27.480 --> 01:33:29.480]  And anyway, you go computer reading.
[01:33:29.480 --> 01:33:31.480]  You can't hide me safe from nobody.
[01:33:31.480 --> 01:33:32.480]  What me say?
[01:33:32.480 --> 01:33:34.480]  Okay, we are back.
[01:33:34.480 --> 01:33:37.480]  Randy Telt and Deborah Stevens, rule of our radio.
[01:33:37.480 --> 01:33:41.480]  And we were talking about the foreclosure issue with...
[01:33:41.480 --> 01:33:43.480]  Actually, not the foreclosure issue.
[01:33:43.480 --> 01:33:51.480]  The no deed of trust and how these things are handled, in fact.
[01:33:51.480 --> 01:33:57.480]  Every one I've ever seen has just been riddled with fraud.
[01:33:57.480 --> 01:34:02.480]  The mortgage industry has...
[01:34:02.480 --> 01:34:07.480]  They deal primarily with unsophisticated consumers.
[01:34:07.480 --> 01:34:14.480]  And the legislature passed a number of consumer protection laws to protect us.
[01:34:14.480 --> 01:34:18.480]  Well, not really.
[01:34:18.480 --> 01:34:25.480]  What the upshot of all of these consumer protection laws has been is that
[01:34:25.480 --> 01:34:32.480]  because of the existence of the so-called consumer protection laws,
[01:34:32.480 --> 01:34:38.480]  they give the illusion of protection.
[01:34:38.480 --> 01:34:45.480]  They give you the illusion that you can deal with these licensed professionals
[01:34:45.480 --> 01:34:48.480]  with a certain amount of security
[01:34:48.480 --> 01:34:54.480]  because they are governed and controlled by government oversight agencies.
[01:34:54.480 --> 01:34:56.480]  Good luck with that.
[01:34:56.480 --> 01:35:00.480]  The legislature in passing these consumer protection laws
[01:35:00.480 --> 01:35:05.480]  very deliberately set the statute of limitations
[01:35:05.480 --> 01:35:10.480]  for exercising the remedies contained in these laws so short
[01:35:10.480 --> 01:35:16.480]  as to render them absolutely useless.
[01:35:16.480 --> 01:35:23.480]  And the whole intent, from my perspective, was fraudulent from the get-go.
[01:35:23.480 --> 01:35:28.480]  They were bought and paid for by the banks to pass these laws,
[01:35:28.480 --> 01:35:30.480]  and they gave the illusion that you're protected.
[01:35:30.480 --> 01:35:35.480]  But in fact, what it winds up doing is causing you more problems.
[01:35:35.480 --> 01:35:38.480]  You sit down at closing,
[01:35:38.480 --> 01:35:43.480]  and the lender will put in front of you a stack of documents about an inch tall
[01:35:43.480 --> 01:35:45.480]  and ask you to read all these documents.
[01:35:45.480 --> 01:35:50.480]  Well, the problem with those documents is they're not written in English.
[01:35:50.480 --> 01:35:54.480]  No, when you look at them, they appear to be in English.
[01:35:54.480 --> 01:36:01.480]  They have words that we recognize as existing in English, but they're not English.
[01:36:01.480 --> 01:36:10.480]  They're legalese, and it is of critical importance that we understand the difference.
[01:36:10.480 --> 01:36:18.480]  They use terms in these documents that are used in the common language.
[01:36:18.480 --> 01:36:25.480]  But when they're used in the legal context, they often have very different meanings.
[01:36:25.480 --> 01:36:30.480]  So they put these documents in front of you and ask you to read all of these
[01:36:30.480 --> 01:36:31.480]  and sign off on these.
[01:36:31.480 --> 01:36:34.480]  Well, I don't care about these documents.
[01:36:34.480 --> 01:36:38.480]  A lot of these were put in place because of the consumer protection laws.
[01:36:38.480 --> 01:36:41.480]  And so they get you reading all these documents, one after the other,
[01:36:41.480 --> 01:36:42.480]  after the other, after the other.
[01:36:42.480 --> 01:36:49.480]  You will notice that when you go to closing, it's the note in front of you first
[01:36:49.480 --> 01:36:53.480]  and the HUD-1 settlement statement with all the fees,
[01:36:53.480 --> 01:36:58.480]  because you're still, your brain is still clear and you're fresh,
[01:36:58.480 --> 01:37:02.480]  and you might actually look at these documents and ask questions about them
[01:37:02.480 --> 01:37:06.480]  or the truth in lending statement.
[01:37:06.480 --> 01:37:10.480]  These documents that they don't want you to pay attention to,
[01:37:10.480 --> 01:37:16.480]  they don't want you to carefully examine, they save these till last.
[01:37:16.480 --> 01:37:21.480]  They've already set you up where they keep telling you this loan's going to go through
[01:37:21.480 --> 01:37:22.480]  and everything is great.
[01:37:22.480 --> 01:37:26.480]  So you've got your other house on the market, either sold or almost sold.
[01:37:26.480 --> 01:37:28.480]  You are virtually committed.
[01:37:28.480 --> 01:37:30.480]  You've already paid the movers.
[01:37:30.480 --> 01:37:32.480]  You've got the truck sitting out front.
[01:37:32.480 --> 01:37:35.480]  You've already got this property committed.
[01:37:35.480 --> 01:37:38.480]  You're committed to another property.
[01:37:38.480 --> 01:37:46.480]  And they come to you and tell you, oh, oh, well, we got this minor little problem.
[01:37:46.480 --> 01:37:52.480]  They gradually slip in these little problems to increase the anxiety.
[01:37:52.480 --> 01:37:59.480]  So by the time you get to the closing table, you just want this thing done.
[01:37:59.480 --> 01:38:02.480]  They do not want you looking at any of the documents.
[01:38:02.480 --> 01:38:06.480]  I had a friend or a kid, Magnus, let me talk about him, on the air.
[01:38:06.480 --> 01:38:10.480]  He's on sometimes and he has a pretty hard edge.
[01:38:10.480 --> 01:38:16.480]  He went to closing and they put the documents in front of him and he wanted to read them.
[01:38:16.480 --> 01:38:22.480]  And the closing trustee got all excited and said, we don't have time for this.
[01:38:22.480 --> 01:38:27.480]  If you want to read all of these, we're just going to have to cancel the closing.
[01:38:27.480 --> 01:38:34.480]  He got up, got his wife up, said, okay, bye, guys, and walked out.
[01:38:34.480 --> 01:38:36.480]  They were playing poker.
[01:38:36.480 --> 01:38:41.480]  They ran out and called him in the hall and said, okay, okay, okay, we'll have time.
[01:38:41.480 --> 01:38:43.480]  They were lying to him.
[01:38:43.480 --> 01:38:50.480]  This all was theater, song and dance and seltzer down your pants.
[01:38:50.480 --> 01:38:56.480]  He read every single document and these people were furious.
[01:38:56.480 --> 01:39:02.480]  And when he got to the HUD-1 settlement statement, he made them redo it three times
[01:39:02.480 --> 01:39:06.480]  because they had charges on there they couldn't account for.
[01:39:06.480 --> 01:39:10.480]  This is the thing they don't want you to do.
[01:39:10.480 --> 01:39:17.480]  And they create all of this theater so you won't see or notice the fraud that they're committing
[01:39:17.480 --> 01:39:23.480]  because they know that once they've done the closing and you move into the house,
[01:39:23.480 --> 01:39:27.480]  it's going to be two or three years before you realize that there's something wrong.
[01:39:27.480 --> 01:39:32.480]  And by the end, it's too late for you to raise any issues.
[01:39:32.480 --> 01:39:36.480]  So we take a little bit different approach.
[01:39:36.480 --> 01:39:43.480]  You know, if you've listened to this, studied this area much, you'll hear a lot about bifurcation
[01:39:43.480 --> 01:39:51.480]  of the note and MERS and all this other stuff that everybody's going after.
[01:39:51.480 --> 01:39:56.480]  And personally, I think it's all a rabbit hole.
[01:39:56.480 --> 01:40:10.480]  Years ago, I had someone come to me and said the FBI told him that MERS received the loan documents,
[01:40:10.480 --> 01:40:14.480]  scanned them in their system, then destroyed the originals.
[01:40:14.480 --> 01:40:26.480]  Horse manure, they did not do any such thing. In a pooling and servicing agreement,
[01:40:26.480 --> 01:40:36.480]  a lender creates a note and then the lender takes those notes and puts them into separate pools.
[01:40:36.480 --> 01:40:40.480]  A pool can have as little as three notes in them.
[01:40:40.480 --> 01:40:46.480]  All of the notes in the pool must have the same interest rate.
[01:40:46.480 --> 01:40:51.480]  And then they file the note with Fannie Mae.
[01:40:51.480 --> 01:41:00.480]  And Fannie Mae requires that the lender forward all of the documents had in the transaction,
[01:41:00.480 --> 01:41:04.480]  and it names specifically the note and a couple of other documents.
[01:41:04.480 --> 01:41:06.480]  They're all to be forwarded.
[01:41:06.480 --> 01:41:12.480]  It says the note, something else, something else, and all documents contained, included in the transaction
[01:41:12.480 --> 01:41:16.480]  are to be sent to the document custodian.
[01:41:16.480 --> 01:41:27.480]  And the document custodian is to be a, I forget what the term is, he's an agent for Fannie Mae.
[01:41:27.480 --> 01:41:38.480]  He can confirm the note or the transaction for Fannie Mae,
[01:41:38.480 --> 01:41:50.480]  that then the document custodian must assure that all of the documents are in the requirements for Fannie Mae.
[01:41:50.480 --> 01:41:56.480]  Then the document custodian is required to maintain possession of the documents until termination of the contract.
[01:41:56.480 --> 01:41:58.480]  What the heck is with that?
[01:41:58.480 --> 01:42:01.480]  I mean, that is really abundantly clear.
[01:42:01.480 --> 01:42:10.480]  You can go online and look up the, I'm sorry, I said Fannie Mae, Ginnie Mae, the Ginnie Mae manual.
[01:42:10.480 --> 01:42:12.480]  It's online, and it's in there.
[01:42:12.480 --> 01:42:22.480]  It very clearly directs the documents to a document custodian, which is almost always the servicer.
[01:42:22.480 --> 01:42:31.480]  So when we asked for the note and they put that information out there that MERS shredded them,
[01:42:31.480 --> 01:42:34.480]  what is that nonsense and why did they do that?
[01:42:34.480 --> 01:42:40.480]  They did that to send us down that rabbit hole and all this stuff about bifurcation of the note.
[01:42:40.480 --> 01:42:45.480]  That's not exactly a rabbit hole, but if the judge gives you ruling on that,
[01:42:45.480 --> 01:42:56.480]  then he undermines every foreclosure in the country. Where they don't want you to go is to the security instrument.
[01:42:56.480 --> 01:43:00.480]  The mortgage or deed of trust, read that thing.
[01:43:00.480 --> 01:43:11.480]  All these consumer protection laws, we don't need the remedies that the legislature crafted to go with those consumer protection laws.
[01:43:11.480 --> 01:43:16.480]  We got breach of contract. Breach of contract is not complex.
[01:43:16.480 --> 01:43:24.480]  It's not hard for the judge to wrap his head around, and it won't change the legal landscape as the judge knows it.
[01:43:24.480 --> 01:43:30.480]  It's specific to this particular set of circumstances in this particular contract.
[01:43:30.480 --> 01:43:34.480]  And instead of claiming the remedy provided by the legislature,
[01:43:34.480 --> 01:43:41.480]  you claim the remedy under breach of contract, under default on the security instrument,
[01:43:41.480 --> 01:43:48.480]  with a petition to quiet title and rule the security instrument, void and unenforceable.
[01:43:48.480 --> 01:43:55.480]  Randy Kelton, Dennis Stevens, Rule of Law Radio, I call it number 512-646-1984.
[01:43:55.480 --> 01:44:00.480]  We'll be right back.
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[01:46:22.480 --> 01:46:27.480]  Okay, we are back.
[01:46:27.480 --> 01:46:30.480]  Randy Kelton, Deborah Stevens, Rule of Law Radio.
[01:46:30.480 --> 01:46:40.480]  And we were talking about the foreclosure industry and some of the fallacies that I personally believe are out there.
[01:46:40.480 --> 01:47:05.480]  When you go into court and you ask the judge, like the one I mentioned earlier when talking to Patrick, render the ruling that the document that was electronically filed is not properly before the court because the document was filed in improper form.
[01:47:05.480 --> 01:47:10.480]  Well, the judge is going to look at that and say, are you kidding me?
[01:47:10.480 --> 01:47:24.480]  You want me to give you a ruling that will essentially render void every document that's been filed with the county recorder since 2000?
[01:47:24.480 --> 01:47:38.480]  That means every lender who's followed the county recorder's accepted practices and procedures have documents that are void and unenforceable.
[01:47:38.480 --> 01:47:46.480]  These banks would sue the county clerk into oblivion.
[01:47:46.480 --> 01:47:56.480]  So there's no way a judge in his right mind is going to give you that ruling no matter what.
[01:47:56.480 --> 01:48:09.480]  And it appears as though the banks have deliberately created issues to send us chasing that are of the same nature.
[01:48:09.480 --> 01:48:17.480]  And if you look at the records, almost every once in a while you get a minor win on one of these, but almost never.
[01:48:17.480 --> 01:48:23.480]  They're sending us chasing the most difficult issues we could address.
[01:48:23.480 --> 01:48:27.480]  And I'm not saying don't address those issues.
[01:48:27.480 --> 01:48:34.480]  But don't start at the hard end, start at the easy end, start at the beginning.
[01:48:34.480 --> 01:48:37.480]  Go to the basics.
[01:48:37.480 --> 01:48:45.480]  The very first thing to do is go down to the county recorder and pull the documents in the county record.
[01:48:45.480 --> 01:49:00.480]  It is my considered opinion that the banks send us down these rabbit holes because the one thing they did not want us to do is go look in the county record.
[01:49:00.480 --> 01:49:03.480]  The county records are a horrible mess.
[01:49:03.480 --> 01:49:12.480]  The banks know they are a horrible mess, but because of the way they were playing fast and loose with these mortgages,
[01:49:12.480 --> 01:49:19.480]  they couldn't do the proper filings, otherwise they would have given away the game.
[01:49:19.480 --> 01:49:28.480]  So they took the calculated risk that the unsophisticated consumer wouldn't sort out the issues.
[01:49:28.480 --> 01:49:33.480]  The place they don't want you to go, the Deed of Trust to start with.
[01:49:33.480 --> 01:49:38.480]  I read the Deed of Trust and I am astounded at what's in there.
[01:49:38.480 --> 01:49:52.480]  If you have MERS in the contract, in the definition section they define MERS as the beneficiary and nominee for the lender.
[01:49:52.480 --> 01:49:56.480]  What the heck is a nominee?
[01:49:56.480 --> 01:50:06.480]  I look in Webster's, I look in Black's, Webster's The Common Meaning Dictionary, Black's The Legal Dictionary,
[01:50:06.480 --> 01:50:16.480]  and none of them show a meaning that matches what I find in this document.
[01:50:16.480 --> 01:50:27.480]  Because if MERS is someone who has been nominated to act in some capacity, well they haven't been appointed,
[01:50:27.480 --> 01:50:31.480]  they've just been nominated for appointment.
[01:50:31.480 --> 01:50:33.480]  That's the way I read the definition.
[01:50:33.480 --> 01:50:37.480]  So that's clearly not what it intends.
[01:50:37.480 --> 01:50:47.480]  It appears to mean that MERS is intended to be the agent, but they didn't say agent.
[01:50:47.480 --> 01:50:50.480]  They deliberately used this other term.
[01:50:50.480 --> 01:51:02.480]  Because had they said agent, it would have been clear to everybody that if the security instrument appoints MERS as an agent,
[01:51:02.480 --> 01:51:07.480]  that is not a concession the borrower can make.
[01:51:07.480 --> 01:51:16.480]  The borrower, traditionally for the last couple hundred years at least, when a loan was consummated,
[01:51:16.480 --> 01:51:26.480]  the borrower would, my apologies, that must be my wife calling me because it brings, anyway,
[01:51:26.480 --> 01:51:39.480]  when a security instrument is consummated, the borrower makes concessions in the security instrument to the lender.
[01:51:39.480 --> 01:51:47.480]  They grant the lender a claim against the property so that the lender can hold,
[01:51:47.480 --> 01:51:55.480]  the lender holds legal title for the property so that they can ensure that the property isn't sold or otherwise disposed of
[01:51:55.480 --> 01:51:58.480]  so they can protect their collateral.
[01:51:58.480 --> 01:52:04.480]  In a non-judicial state, instead of transferring the legal title to the lender,
[01:52:04.480 --> 01:52:10.480]  it's transferred to a trustee to hold in trust for the benefit of both parties.
[01:52:10.480 --> 01:52:19.480]  And the borrower, I mean the lender's benefit is that the property is held in trust so that the borrower can't dispose of it.
[01:52:19.480 --> 01:52:23.480]  He can maintain his collateral.
[01:52:23.480 --> 01:52:30.480]  Well, these are concessions made by the borrower to the lender because the borrower has the warranty deed.
[01:52:30.480 --> 01:52:32.480]  They have full ownership of the property.
[01:52:32.480 --> 01:52:40.480]  And they give away partial ownership temporarily as a benefit to the lender until the notice paid.
[01:52:40.480 --> 01:52:46.480]  Well, in order for the lender to exercise the, I'm sorry, I got ahead of myself,
[01:52:46.480 --> 01:52:57.480]  in order for MERS to be appointed as an agent for the lender, the lender would have had to sign the contract.
[01:52:57.480 --> 01:53:04.480]  When the borrower was the only one making concessions for the last couple hundred years,
[01:53:04.480 --> 01:53:10.480]  the lender didn't have to sign it because the lender wasn't granting anything.
[01:53:10.480 --> 01:53:20.480]  But once they put MERS in there, if in the definition section where MERS is noted as the beneficiary and nominee for the lender,
[01:53:20.480 --> 01:53:29.480]  if the lender intended that the beneficial interest to the note be transferred to MERS,
[01:53:29.480 --> 01:53:34.480]  that's not something the borrower can do because the borrower doesn't hold the beneficial interest.
[01:53:34.480 --> 01:53:36.480]  The lender does.
[01:53:36.480 --> 01:53:43.480]  So if the lender wants to give it to MERS, well, they can certainly do that, but they'd have to sign the contract.
[01:53:43.480 --> 01:53:45.480]  Look at your deed of trust.
[01:53:45.480 --> 01:53:49.480]  If MERS is in there, did the lender sign it?
[01:53:49.480 --> 01:53:56.480]  And if the lender didn't affirm it and affirm it before a notary properly acknowledged
[01:53:56.480 --> 01:54:02.480]  and the affirmation by someone who actually has power of authority for MERS,
[01:54:02.480 --> 01:54:06.480]  then MERS was never properly appointed.
[01:54:06.480 --> 01:54:17.480]  Then if you have an appointment of substitute trustee or an assignment of the security instrument or deed of trust by MERS,
[01:54:17.480 --> 01:54:29.480]  then you go in for quiet title as to any document filed by MERS because nothing in the record has established their authority to do that.
[01:54:29.480 --> 01:54:31.480]  I hope that makes sense.
[01:54:31.480 --> 01:54:33.480]  That's one of the things.
[01:54:33.480 --> 01:54:40.480]  When you read the contract where they put MERS in there, if you read it carefully,
[01:54:40.480 --> 01:54:45.480]  you're going to wonder if the guy who put this stuff in there was on crack
[01:54:45.480 --> 01:54:55.480]  because in the definition section, they define MERS as the beneficiary and nominee for the lender.
[01:54:55.480 --> 01:55:08.480]  Then after the definition section, the first paragraph of the contract itself is the transfer of property rights.
[01:55:08.480 --> 01:55:15.480]  I'm going to speak here to a deed of trust because it's the one that's the most egregious.
[01:55:15.480 --> 01:55:27.480]  In the transfer of property rights paragraph, the document purports to transfer the property to the trustee.
[01:55:27.480 --> 01:55:36.480]  Now, in law, there are two titles.
[01:55:36.480 --> 01:55:40.480]  One is beneficial, equitable title.
[01:55:40.480 --> 01:55:43.480]  The other one is legal title.
[01:55:43.480 --> 01:55:48.480]  The beneficiary holds equitable title.
[01:55:48.480 --> 01:55:52.480]  Generally, the beneficiary will hold both equitable and legal,
[01:55:52.480 --> 01:55:59.480]  but in this case where there's a claim against the property and it is a nonjudicial state,
[01:55:59.480 --> 01:56:08.480]  legal title is transferred to the trustee to hold and trust so that the property can't be sold or otherwise dispensed with.
[01:56:08.480 --> 01:56:14.480]  Neither the borrower nor the lender can dispose of the property unless it's in accordance with the contract.
[01:56:14.480 --> 01:56:26.480]  It is the trustee's duty to ensure that any change in holder status of the property itself is done in accordance with the contract.
[01:56:26.480 --> 01:56:28.480]  That's why the trustee is there.
[01:56:28.480 --> 01:56:36.480]  The very next paragraph, it starts with together with and it's together with all improvements or additions.
[01:56:36.480 --> 01:56:47.480]  It is intended to ensure that any improvements to the property become part of the collateral base.
[01:56:47.480 --> 01:56:56.480]  In the middle of that one, they added this section that said that you understand that Merge does not hold beneficial interest.
[01:56:56.480 --> 01:57:03.480]  Well, that's in contradiction to the definition in the definition section where it said Merge is a beneficiary.
[01:57:03.480 --> 01:57:08.480]  The lender does not hold beneficial interest, but only holds legal title.
[01:57:08.480 --> 01:57:10.480]  Now, wait a minute.
[01:57:10.480 --> 01:57:14.480]  You just transferred legal title to the trustee.
[01:57:14.480 --> 01:57:19.480]  Now you're saying that Merge holds legal title.
[01:57:19.480 --> 01:57:29.480]  Well, if Merge holds legal title and Merge is an agent for the lender, the lender holds legal title through Merge and that's a mortgage.
[01:57:29.480 --> 01:57:31.480]  That is not a deed of trust.
[01:57:31.480 --> 01:57:37.480]  In a mortgage, the property is granted to the lender.
[01:57:37.480 --> 01:57:51.480]  In Texas, the Texas Civil Torture Remedies Code strictly forbids the lender to require that the borrower transfer the property to the lender.
[01:57:51.480 --> 01:57:57.480]  It is strictly forbidden by law, but that's exactly what that document says.
[01:57:57.480 --> 01:58:05.480]  I don't know who wrote that, but the banks sure do not want you to look closely at that mess.
[01:58:05.480 --> 01:58:06.480]  Thank you all for listening.
[01:58:06.480 --> 01:58:08.480]  We are running out of time.
[01:58:08.480 --> 01:58:18.480]  We will be back tomorrow night for our four-hour info marathon with Joe Esquivel and Steve Skidmore.
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[01:58:39.480 --> 01:58:42.480]  We will talk to you all tomorrow night.
[01:58:42.480 --> 01:58:50.480]  Thank you for listening, and good night.
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