[00:00:00.000 --> 00:00:07.880] This is the Liberty Beat, your daily source for Liberty News and activist updates, online [00:00:07.880 --> 00:00:08.880] at thelibertybeat.com. [00:00:08.880 --> 00:00:14.400] I'm Brian Hagan with your Liberty Beat for Thursday, September 18, 2014. [00:00:14.400 --> 00:00:20.480] Gold opened today at $1,219, silver opened at $18.36, and Bitcoin is trending around [00:00:20.480 --> 00:00:21.480] $439. [00:00:21.480 --> 00:00:25.240] Support for the Liberty Beat comes from SovereignMiners.com. [00:00:25.240 --> 00:00:28.360] Interested in mining Bitcoin or other cryptocurrencies? [00:00:28.360 --> 00:00:37.560] Visit SovereignMiners.com to buy your miner today. [00:00:37.560 --> 00:00:40.800] And support for the Liberty Beat comes from the Michael Cargill for Austin City Council [00:00:40.800 --> 00:00:42.360] District 1 Campaign. [00:00:42.360 --> 00:00:45.040] Vote Michael Cargill to get the cars moving. [00:00:45.040 --> 00:00:49.080] Learn more or sign up to volunteer at CargillForTexas.com. [00:00:49.080 --> 00:00:52.680] Political advertisement paid for by the Michael Cargill for Austin City Council District 1 [00:00:52.680 --> 00:00:53.680] Campaign. [00:00:53.680 --> 00:00:58.320] In the news, President Obama's goal to train and arm Syrian rebels by the Islamic extremists [00:00:58.320 --> 00:00:59.320] gains approval. [00:00:59.320 --> 00:01:05.960] It happened yesterday when the U.S. House voted 273 to 156 in favor of the plan despite strong [00:01:05.960 --> 00:01:08.160] vocal protests from both sides of the aisle. [00:01:08.160 --> 00:01:12.240] According to The Hill, opposition came from a broad spectrum of ideologies, with such [00:01:12.240 --> 00:01:16.560] liberal Democrats as Jim McGovern and Barbara Lee joined in their votes against the measure [00:01:16.560 --> 00:01:20.100] by conservative Republicans Michelle Bachmann and Steve Stockman. [00:01:20.100 --> 00:01:25.320] The Senate is expected to approve the plan today. [00:01:25.320 --> 00:01:29.680] School police departments across the country have taken advantage of free military surplus [00:01:29.680 --> 00:01:34.720] gear, stocking up on mine-resistant armored vehicles, grenade launchers and scores of [00:01:34.720 --> 00:01:36.000] M16 rifles. [00:01:36.000 --> 00:01:40.160] The Associated Press reports that at least 26 school districts have participated in the [00:01:40.160 --> 00:01:45.040] Pentagon Surplus Program, which has come under scrutiny after militarized police responded [00:01:45.040 --> 00:01:47.560] to protesters in Ferguson, Missouri last month. [00:01:47.560 --> 00:01:51.560] Now, amid the increased criticism, several school districts say they'll give some of [00:01:51.560 --> 00:01:55.600] the equipment back while others plan to keep the rifles they received. [00:01:55.600 --> 00:01:59.040] Nearly two dozen education and civil liberties groups sent a letter earlier this week to [00:01:59.040 --> 00:02:05.080] the feds urging a stop to transfers of military weapons to school police. [00:02:05.080 --> 00:02:09.560] The Organization for Black Struggle is calling for activists to converge on Ferguson, Missouri [00:02:09.560 --> 00:02:14.880] from October 10 to the 13 for large demonstrations and civil disobedience. [00:02:14.880 --> 00:02:19.600] The actions are an effort to call attention to police brutality, militarized police, structural [00:02:19.600 --> 00:02:21.760] violence and systemic racism. [00:02:21.760 --> 00:02:26.160] Beginning October 9, thousands of leaders from around the country will arrive in Ferguson [00:02:26.160 --> 00:02:28.000] for a training session. [00:02:28.000 --> 00:02:30.440] Support for "The Liberty Beat" comes from My Magic Mud. [00:02:30.440 --> 00:02:31.440] All natural teeth whitener. [00:02:31.440 --> 00:02:34.920] Go to My Magic Mud to hear a short interview with Dr. Griffin Cole. [00:02:34.920 --> 00:02:35.920] That's MyMagicMud.com. [00:02:35.920 --> 00:02:40.320] And today's edition of "The Liberty Beat" brought to you by Brave New Books, your source [00:02:40.320 --> 00:02:41.680] for all things Bitcoin. [00:02:41.680 --> 00:02:49.560] Now hosting a Bitcoin ATM, located in Austin, Texas, 1904 Guadalupe Street, or online, BraveNewBookstore.com. [00:02:49.560 --> 00:02:54.160] This is "The Liberty Beat" for Thursday, September 18, 2014. [00:02:54.160 --> 00:02:59.160] Check out the website at TheLibertyBeat.com and like us on Facebook at Facebook.com/TheLibertyBeat. [00:03:00.760 --> 00:03:07.760] [music] [00:03:09.360 --> 00:03:16.360] [music] [00:03:17.960 --> 00:03:24.960] [music] [00:03:26.560 --> 00:03:33.560] [music] [00:03:35.160 --> 00:03:42.160] [music] [00:03:42.160 --> 00:04:03.160] [music] [00:04:04.760 --> 00:04:11.760] [music] [00:04:11.760 --> 00:04:29.760] [music] [00:04:31.360 --> 00:04:38.360] [music] [00:04:38.360 --> 00:04:47.360] Howdy, howdy. [00:04:47.360 --> 00:04:48.360] Hello, everyone. [00:04:48.360 --> 00:04:56.360] This is Randy Kelton, Debra Stevens, Rue LaVa Radio on this Thursday, the 18th of September, [00:04:56.360 --> 00:04:59.000] 2014. [00:04:59.000 --> 00:05:01.200] I'm glad you all could be here tonight. [00:05:01.200 --> 00:05:09.480] I've been looking at ISIS and perhaps I'm looking at this different. [00:05:09.480 --> 00:05:19.600] I had a, I did a show last Monday where, with Pastor Massad out of New York and he seemed [00:05:19.600 --> 00:05:25.280] to want to blame ISIS for all of these problems. [00:05:25.280 --> 00:05:35.120] And while I'm tending not to be political, this whole thing that I'm looking at is beginning [00:05:35.120 --> 00:05:40.080] to look a lot like something I've seen before. [00:05:40.080 --> 00:05:52.840] It's beginning to look a lot like Vietnam, where absolutely nothing is as it appears. [00:05:52.840 --> 00:05:56.960] And you know, it didn't come out until well after. [00:05:56.960 --> 00:06:02.920] There were things that we knew being there, but it didn't come out to the public until [00:06:02.920 --> 00:06:06.080] well after Vietnam. [00:06:06.080 --> 00:06:17.720] Vietnam was a, it was what Eisenhower had warned us about when he warned us about the [00:06:17.720 --> 00:06:21.000] military industrial complex. [00:06:21.000 --> 00:06:29.200] Eisenhower, even though he was the general, the main general in World War II and president, [00:06:29.200 --> 00:06:36.760] he was very well aware of the dangers of our military industrial complex. [00:06:36.760 --> 00:06:47.480] And as I look at this, I was looking at ISIS and Iraq and the Sunnis and the Shia. [00:06:47.480 --> 00:06:51.440] Who is benefiting from this? [00:06:51.440 --> 00:07:02.560] We have these bogus videos of two beheadings and our president uses that as a reason to [00:07:02.560 --> 00:07:05.000] send our kids back to war. [00:07:05.000 --> 00:07:08.280] Are you kidding me? [00:07:08.280 --> 00:07:09.640] What is really going on? [00:07:09.640 --> 00:07:18.360] They seem to be working very, very hard to whip the American public into a religious [00:07:18.360 --> 00:07:30.040] frenzy by telling us how Islam will never be satisfied until they slaughter everyone [00:07:30.040 --> 00:07:34.240] on the planet who doesn't convert to Islam. [00:07:34.240 --> 00:07:46.400] Well, what happened in the last 600 years, you know, the first two or 300 years of Islam, [00:07:46.400 --> 00:07:53.360] while they acted in the name of religion, they really acted in the name of conquest. [00:07:53.360 --> 00:07:56.400] And they killed a lot of people in the name of religion. [00:07:56.400 --> 00:08:00.920] And the Christians, they jump up and down, wave their arms in righteous indignation. [00:08:00.920 --> 00:08:09.320] Well, if you look at the history, the Christians kill more people than the Muslims have for [00:08:09.320 --> 00:08:12.040] religion. [00:08:12.040 --> 00:08:17.680] So people have been using religion. [00:08:17.680 --> 00:08:25.040] I say people, people, people in political positions of political power and influence [00:08:25.040 --> 00:08:34.760] have been using religion to control the people for as long as we've had religion. [00:08:34.760 --> 00:08:41.800] And I'm really frustrated with what's going on now because it should be very obvious to [00:08:41.800 --> 00:08:51.280] anyone looking at this situation that our American government is feeding us as much [00:08:51.280 --> 00:08:55.360] crapola as they possibly can. [00:08:55.360 --> 00:09:00.200] Everything about ISIS becomes the epitome of evil. [00:09:00.200 --> 00:09:09.080] Well, I wonder how you would feel if you were a Sunni in Mosul. [00:09:09.080 --> 00:09:16.680] I wonder how you would feel if you were surrounded by Shiites, greatly outnumbered by them. [00:09:16.680 --> 00:09:24.600] And apparently Al Maliki really turned the tables on the Sunnis when he took over. [00:09:24.600 --> 00:09:32.120] Instead of trying to unite the country, he further divided it. [00:09:32.120 --> 00:09:36.600] And Mosul, is ISIS really such a bad thing? [00:09:36.600 --> 00:09:40.360] Are they really evil people? [00:09:40.360 --> 00:09:47.840] Or are they dedicated individuals fighting for what they believe? [00:09:47.840 --> 00:09:54.120] It reminds me of our fight for independence. [00:09:54.120 --> 00:09:55.800] Were we terrorists? [00:09:55.800 --> 00:09:59.880] I suppose the British considered us to be terrorists. [00:09:59.880 --> 00:10:03.320] Or were we freedom fighters? [00:10:03.320 --> 00:10:09.760] Were we dedicated individuals fighting for what we believe? [00:10:09.760 --> 00:10:17.600] I think my point is, at some point, you and I and the rest of the public, we need to get [00:10:17.600 --> 00:10:23.520] past our fascination with vengeance. [00:10:23.520 --> 00:10:31.720] And it's time for us to mature and look at both sides of this conflict and ask ourselves [00:10:31.720 --> 00:10:34.720] what is really going on? [00:10:34.720 --> 00:10:41.160] And what is a bunch of hype being pushed down our throats in the spirit of Adolf Hitler, [00:10:41.160 --> 00:10:48.000] who said that if you tell a big enough lie often enough, people will believe it. [00:10:48.000 --> 00:10:56.400] And it seems like our government is doing everything they can to take the biggest possible [00:10:56.400 --> 00:11:05.120] lie they can imagine and expand it to the most outrageous extremes because they believe [00:11:05.120 --> 00:11:10.280] if they say it often enough and loud enough, we will believe it. [00:11:10.280 --> 00:11:21.680] And my concern is, is that it is a natural tendency of the human animal to group together [00:11:21.680 --> 00:11:31.800] in small secular groups and to wish to eliminate anyone who doesn't agree with him. [00:11:31.800 --> 00:11:37.200] It's just the way we developed, it's the way we are. [00:11:37.200 --> 00:11:39.520] And our government is using that against us. [00:11:39.520 --> 00:11:50.360] And I'm frustrated that we as a population haven't matured beyond that perspective, haven't [00:11:50.360 --> 00:11:54.800] matured beyond being led around by our emotions. [00:11:54.800 --> 00:11:58.680] I am turning the phones on and we'll have the phones on all night. [00:11:58.680 --> 00:12:03.120] I certainly don't want to talk about this subject all night, but I did want to, I've [00:12:03.120 --> 00:12:07.280] been distressed about this for a while. [00:12:07.280 --> 00:12:15.040] I'm hearing the exact same kinds of rhetoric that I heard when I was in Vietnam about the [00:12:15.040 --> 00:12:21.760] communist red hordes and how ruthless they were. [00:12:21.760 --> 00:12:29.960] And then after the war was over, I hear stories about the incredible sacrifice the North Vietnamese [00:12:29.960 --> 00:12:35.920] soldiers endured in the name of freedom. [00:12:35.920 --> 00:12:41.920] Yeah, maybe they were communist, maybe they weren't, but before they were communists, [00:12:41.920 --> 00:12:45.000] they were freedom fighters. [00:12:45.000 --> 00:12:56.200] And we as a people, instead of passing judgment on them because our government told us that [00:12:56.200 --> 00:13:02.680] these people did not believe the same way that we believed, therefore, it's okay for [00:13:02.680 --> 00:13:07.600] us to go in there and force our beliefs on them. [00:13:07.600 --> 00:13:14.360] And we slaughtered thousands of them in order to keep them from achieving independence. [00:13:14.360 --> 00:13:18.080] And they beat us, they got independence. [00:13:18.080 --> 00:13:23.920] And look at Vietnam now, that's a tourist location. [00:13:23.920 --> 00:13:32.080] The communists or socialists or whatever they were, they gave their people essentially what [00:13:32.080 --> 00:13:36.960] they promised, peace and prosperity. [00:13:36.960 --> 00:13:45.660] It is my opinion, the mess in the Middle East is a mess of our creation. [00:13:45.660 --> 00:13:51.620] And for us to go in there now is a horrible mistake. [00:13:51.620 --> 00:13:58.240] If you read the news reports about what is actually going on there, all the indications [00:13:58.240 --> 00:14:03.480] are that ISIS is running out of steam and running out of support, that they're beginning [00:14:03.480 --> 00:14:08.320] to fail from their own excesses. [00:14:08.320 --> 00:14:19.640] This is something that the people in the region need to address and will address if it's what [00:14:19.640 --> 00:14:24.040] needs to be addressed for them. [00:14:24.040 --> 00:14:29.700] If they don't need to address it, they don't have to just because we want them to, because [00:14:29.700 --> 00:14:33.800] it serves our interests. [00:14:33.800 --> 00:14:34.800] That's all I'm going to say about that. [00:14:34.800 --> 00:14:42.560] I know I'm likely to get some negative comment, but I'm really frustrated mostly at myself [00:14:42.560 --> 00:14:49.160] and at all of us for falling for the same kind of propaganda that we've always fell [00:14:49.160 --> 00:14:50.580] for. [00:14:50.580 --> 00:14:55.720] Our phone lines are open if you have a question or comment. [00:14:55.720 --> 00:15:00.480] Our call in number is 512-646-1984. [00:15:00.480 --> 00:15:01.480] So give us a call. [00:15:01.480 --> 00:15:05.020] We'll be taking calls on all subjects. [00:15:05.020 --> 00:15:10.100] I have been doing some more work on the foreclosure issue and there's some interesting things [00:15:10.100 --> 00:15:16.260] that are beginning to take shape. [00:15:16.260 --> 00:15:25.280] One of which we talked about some a couple of weeks ago, but I don't think we really [00:15:25.280 --> 00:15:29.120] realized the ramifications it's going to have. [00:15:29.120 --> 00:15:35.240] We had a lawyer, I think it's L. Kelly Mackey. [00:15:35.240 --> 00:15:40.120] I've ran into him a couple of times. [00:15:40.120 --> 00:15:53.720] It seems that a borrower demanded to see the original note and Mackey told him, "Come [00:15:53.720 --> 00:15:55.440] on down, we'll show it to you." [00:15:55.440 --> 00:15:59.880] He went down and looked at the original note, except it wasn't the original note, it was [00:15:59.880 --> 00:16:02.280] a copy. [00:16:02.280 --> 00:16:07.760] Apparently this guy was pretty savvy because he apparently didn't raise a big stink there. [00:16:07.760 --> 00:16:14.240] He just went back and sued Mackey for presenting a fraudulent document. [00:16:14.240 --> 00:16:22.640] Now I've helped clients where the lawyers have done the same thing and it didn't occur [00:16:22.640 --> 00:16:29.440] to me to consider the document fraudulent. [00:16:29.440 --> 00:16:34.160] But sometimes you just miss what's right in front of you. [00:16:34.160 --> 00:16:39.040] Part of what we do here is struggle to see what's been right in front of us all the time. [00:16:39.040 --> 00:16:44.680] I'll talk about the ramifications of what happened to Mackey because of this and what [00:16:44.680 --> 00:16:50.080] the ramifications this is likely to have for all of these foreclosure bills. [00:16:50.080 --> 00:16:54.160] This is Randy Kelton, David Stevens, Rue LaVla Radio. [00:16:54.160 --> 00:17:00.720] We'll be right back. [00:17:00.720 --> 00:17:06.120] Through advances in technology, our lives have greatly improved except in the area of [00:17:06.120 --> 00:17:07.120] nutrition. [00:17:07.120 --> 00:17:11.440] People feed their pets better than they feed themselves and it's time we changed all that. [00:17:11.440 --> 00:17:17.240] Our primary defense against aging and disease in this toxic environment is good nutrition. 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[00:17:58.720 --> 00:17:59.720] Order now. [00:17:59.720 --> 00:18:05.280] Are you being harassed by debt collectors with phone calls, letters or even lawsuits? [00:18:05.280 --> 00:18:09.400] Stop debt collectors now with the Michael Maris Proven Method. [00:18:09.400 --> 00:18:13.720] Michael Maris has won six cases in federal court against debt collectors and now you [00:18:13.720 --> 00:18:14.720] can win too. [00:18:14.720 --> 00:18:19.120] You will get step-by-step instructions in plain English on how to win in court using [00:18:19.120 --> 00:18:24.760] federal civil rights statutes, what to do when contacted by phone, mail or court summons, [00:18:24.760 --> 00:18:28.720] how to answer letters and phone calls, how to get debt collectors out of your credit [00:18:28.720 --> 00:18:34.160] report, how to turn the financial tables on them and make them pay you to go away. [00:18:34.160 --> 00:18:38.920] The Michael Maris Proven Method is the solution for how to stop debt collectors. [00:18:38.920 --> 00:18:41.440] Personal consultation is available as well. [00:18:41.440 --> 00:18:46.960] For more information, please visit ruleoflawradio.com and click on the blue Michael Maris banner [00:18:46.960 --> 00:18:49.960] or email michaelmaris@yahoo.com. [00:18:49.960 --> 00:18:59.520] That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s@yahoo.com to learn how to stop debt collectors [00:18:59.520 --> 00:19:00.520] now. [00:19:00.520 --> 00:19:08.080] You are listening to the Logos Radio Network, LogosRadioNetwork.com. [00:19:09.720 --> 00:19:22.720] [music] [00:19:24.360 --> 00:19:35.360] [music] [00:19:37.000 --> 00:19:44.000] [music] [00:19:59.000 --> 00:20:05.560] We are back, Randy Kelton, Debra Stevens, Rewrote Law Radio, and when we went out I [00:20:05.560 --> 00:20:10.640] was talking about this lawsuit against Mackie. [00:20:10.640 --> 00:20:23.160] Apparently when, after this occurred, the borrower sued Mackie and sued him for presenting [00:20:23.160 --> 00:20:26.120] this fraudulent document. [00:20:26.120 --> 00:20:33.640] And apparently Mackie didn't take it very serious because he filed the only response [00:20:33.640 --> 00:20:34.640] he made. [00:20:34.640 --> 00:20:37.640] He did not deny the accusation. [00:20:37.640 --> 00:20:47.120] He simply stated that since he was a lawyer representing a client that he had immunity. [00:20:47.120 --> 00:20:49.840] Perhaps he was confused. [00:20:49.840 --> 00:20:55.840] And the court seemed to have helped him with that confusion when they said that while a [00:20:55.840 --> 00:21:06.720] lawyer does have immunity when he is representing a client that presenting fraudulent documents [00:21:06.720 --> 00:21:14.120] does not fall within the duty of a lawyer representing his client. [00:21:14.120 --> 00:21:21.960] And with as much problems as we've had with the courts ruling against this out of hand [00:21:21.960 --> 00:21:29.880] at every turn, I thought that was a rather remarkable ruling. [00:21:29.880 --> 00:21:35.120] And I talked to another lawyer in the interim and he said, "Well, you know, it was just [00:21:35.120 --> 00:21:39.160] a district judge's ruling. [00:21:39.160 --> 00:21:41.160] It's on appeal." [00:21:41.160 --> 00:21:44.280] And I thought about it, okay, it's on appeal. [00:21:44.280 --> 00:21:52.680] What the district judge said is a lawyer cannot present fraudulent documents in defense of [00:21:52.680 --> 00:21:58.960] his client or in support of his client's case. [00:21:58.960 --> 00:22:09.440] And if the court of appeals overturns the ruling of the district judge and says, "Oh, [00:22:09.440 --> 00:22:16.000] yeah, lawyers can present fraudulent documents with impunity." [00:22:16.000 --> 00:22:19.160] What would that do to the corpus juris? [00:22:19.160 --> 00:22:26.560] What would that do to the entire legal system? [00:22:26.560 --> 00:22:34.800] Somehow I can't see the Texas court of appeals saying, "Oh, yeah, lawyers can present fraudulent [00:22:34.800 --> 00:22:46.920] documents," because of Mackie's insufficient answer or response to the claim, that is apparently [00:22:46.920 --> 00:22:49.280] the only issue before the court. [00:22:49.280 --> 00:23:02.600] You know, we complain about prosec litigants often filing really poorly constructed pleadings [00:23:02.600 --> 00:23:12.320] and in the process getting really crummy court decisions that then can be used against us. [00:23:12.320 --> 00:23:17.920] This looks like where one of these foreclosure mill attorneys did the same thing and turned [00:23:17.920 --> 00:23:21.160] it against the foreclosure mills. [00:23:21.160 --> 00:23:32.280] Because if the court of appeals doesn't overturn the ruling, that not only means that these [00:23:32.280 --> 00:23:43.200] foreclosure mill attorneys can be sued personally for what they're doing now, but this is fraud. [00:23:43.200 --> 00:23:48.400] We can go back in the records as far as we can find cases. [00:23:48.400 --> 00:23:53.560] And if we can show that the documents that were presented are fraudulent, you have the [00:23:53.560 --> 00:23:58.240] attorney now that you can sue. [00:23:58.240 --> 00:24:05.320] So when a lawyer takes a case, especially a civil suit, he's always looking for the party [00:24:05.320 --> 00:24:08.080] with deep pockets. [00:24:08.080 --> 00:24:13.520] And most of these attorneys have malpractice insurance. [00:24:13.520 --> 00:24:16.920] If they don't have malpractice insurance, they've got all their assets hidden and they [00:24:16.920 --> 00:24:20.640] won't be lawyers, but it won't be attorneys long. [00:24:20.640 --> 00:24:29.560] So if clients start suing the lawyers for filing fraudulent documents and going back [00:24:29.560 --> 00:24:37.520] and pulling the foreclosures that have already been done and then suing not the bank, but [00:24:37.520 --> 00:24:40.180] the lawyer himself. [00:24:40.180 --> 00:24:50.320] And I think that's a great tactic because no matter what you file, if you name any of [00:24:50.320 --> 00:24:55.560] the banks, the lawyer's going to pull it out to the federal courts immediately and the [00:24:55.560 --> 00:25:03.120] federal courts will rule against you out of hand at every turn. [00:25:03.120 --> 00:25:08.360] Now I say this on the air that you can expect the courts to rule against you out of hand [00:25:08.360 --> 00:25:09.360] at every turn. [00:25:09.360 --> 00:25:17.720] Well, maybe they won't, but it's good practice to develop your case as if they will. [00:25:17.720 --> 00:25:23.640] And keep in mind that your only purpose in the trial court is to set the record for appeal. [00:25:23.640 --> 00:25:32.180] Well, the problem in the federal court is it certainly appears that our federal judges [00:25:32.180 --> 00:25:36.020] are well bought and paid for. [00:25:36.020 --> 00:25:44.640] They will rule against you, the borrower out of hand at every turn. [00:25:44.640 --> 00:25:50.520] And they simply seem to not care what the law is because they're relatively certain [00:25:50.520 --> 00:25:56.360] that the Fifth Circuit, which appears to be the most corrupt in the country, if there [00:25:56.360 --> 00:26:00.920] can be one that's more corrupt than the other, it will be the Fifth Circuit. [00:26:00.920 --> 00:26:09.800] They will support whatever kind of garbage the federal courts put out. [00:26:09.800 --> 00:26:18.080] But if you sue the lawyer and you sue him for filing a fraudulent document within the [00:26:18.080 --> 00:26:22.680] state, he can't get that one to the federal court. [00:26:22.680 --> 00:26:32.720] And we do have the 2011 Venue and Removal Clarification Act passed into federal law [00:26:32.720 --> 00:26:35.560] went into effect 2012. [00:26:35.560 --> 00:26:43.360] And what it says is, is that while a case can be removed to the federal court that has [00:26:43.360 --> 00:26:51.980] state issues in it, the federal judge must sever the state issues and remand those issues [00:26:51.980 --> 00:26:53.640] back to the state. [00:26:53.640 --> 00:27:02.120] It used to be that toward judicial economy, if there were federal issues and state issues [00:27:02.120 --> 00:27:10.760] in one case, and the case was removed to the federal court, then the federal court could [00:27:10.760 --> 00:27:17.020] hear both the state issues and the federal issues because they're so closely intertwined [00:27:17.020 --> 00:27:19.560] in one action. [00:27:19.560 --> 00:27:25.000] But then some of the circuit said, now, wait a minute, that's preemption. [00:27:25.000 --> 00:27:28.000] That's undue preemption by the federal courts. [00:27:28.000 --> 00:27:37.240] And frankly, that surprised me that the federal courts themselves would limit their own jurisdiction. [00:27:37.240 --> 00:27:47.400] And I suspect that some of them did that because after 2007 with this big foreclosure crash [00:27:47.400 --> 00:27:56.240] and the courts getting inundated with suits, that the court did that as a way to eliminate [00:27:56.240 --> 00:28:01.200] part of their caseload. [00:28:01.200 --> 00:28:06.080] But because the split between the circuits and the legislature addressed that split and [00:28:06.080 --> 00:28:10.000] cleared it up, there's no longer a split. [00:28:10.000 --> 00:28:16.120] If there are state issues, the judge has no subject matter jurisdiction to hear them. [00:28:16.120 --> 00:28:19.160] He must remand them. [00:28:19.160 --> 00:28:24.840] But what the federal courts do instead is dismiss with prejudice. [00:28:24.840 --> 00:28:30.480] To file a trespass to try title suits is purely state issues. [00:28:30.480 --> 00:28:35.720] The lawyer will remove it to the federal court immediately, and the judge will dismiss it [00:28:35.720 --> 00:28:44.120] with prejudice out of hand, especially Judge McBride up here in Fort Worth. [00:28:44.120 --> 00:28:48.480] He will absolutely dismiss it out of hand. [00:28:48.480 --> 00:28:58.880] We had one client go through the record and every single FDCPA suit that he could find [00:28:58.880 --> 00:29:04.260] filed before Judge McBride, Judge McBride dismissed it. [00:29:04.260 --> 00:29:07.720] Every single one. [00:29:07.720 --> 00:29:11.560] So if we can keep out of the federal courts, wonderful. [00:29:11.560 --> 00:29:18.480] But if you sue the lawyer, whose principal place of business is in the state, and you [00:29:18.480 --> 00:29:24.200] sue him for filing a fraudulent document within the state, he doesn't have anything to get [00:29:24.200 --> 00:29:28.000] him outside of the state and into the Fed. [00:29:28.000 --> 00:29:30.000] And you maybe get to hammer him. [00:29:30.000 --> 00:29:33.160] I'm Gary in the state courts. [00:29:33.160 --> 00:29:36.200] We do have a caller about to go to break. [00:29:36.200 --> 00:29:39.400] This is Randy Kelton, Debra Stevens, Rue La Radio. [00:29:39.400 --> 00:29:42.840] Bob will pick you up on the other side. [00:29:42.840 --> 00:29:45.480] I'll call in numbers, 512-646-1984. [00:29:45.480 --> 00:29:47.600] Give us a call. [00:29:47.600 --> 00:29:53.920] We'll have the phones open all night, and we'll be taking calls on most any subject [00:29:53.920 --> 00:29:54.920] that interests you. [00:29:54.920 --> 00:29:55.920] We'll be right back. [00:29:55.920 --> 00:30:07.040] The speed limit on most U.S. highways tops out at a whole hundred seventy-five miles an [00:30:07.040 --> 00:30:08.040] hour. [00:30:08.040 --> 00:30:11.520] Texas is opening a road that will be the fastest in the land. [00:30:11.520 --> 00:30:16.880] I'm Dr. Catherine Albrecht back with America's Highest Speed Road, next. [00:30:16.880 --> 00:30:18.600] Privacy is under attack. [00:30:18.600 --> 00:30:22.200] When you give up data about yourself, you'll never get it back again. [00:30:22.200 --> 00:30:27.200] And once your privacy is gone, you'll find your freedoms will start to vanish too. [00:30:27.200 --> 00:30:28.700] So protect your rights. [00:30:28.700 --> 00:30:32.840] Say no to surveillance and keep your information to yourself. [00:30:32.840 --> 00:30:34.960] Privacy, it's worth hanging on to. [00:30:34.960 --> 00:30:40.560] This message is brought to you by StartPage.com, the private search engine alternative to Google, [00:30:40.560 --> 00:30:42.280] Yahoo and Bing. [00:30:42.280 --> 00:30:45.880] Start over with StartPage. [00:30:45.880 --> 00:30:49.000] In Texas, they say, everything is bigger and better. [00:30:49.000 --> 00:30:53.400] Well, now Texans can call themselves something else, faster. [00:30:53.400 --> 00:30:56.920] That's because officials in the Lone Star State have upped the speed limit on a toll [00:30:56.920 --> 00:30:59.680] road between Austin and San Antonio. [00:30:59.680 --> 00:31:03.720] They've raised it to eighty-five miles an hour, making it the speediest highway in the [00:31:03.720 --> 00:31:04.720] land. [00:31:04.720 --> 00:31:08.880] That may have been dangerous fifty years ago when cars weren't capable of traveling at [00:31:08.880 --> 00:31:10.040] sustained high speeds. [00:31:10.040 --> 00:31:16.040] But with today's superior engines, brakes, suspension systems and tires, why not? [00:31:16.040 --> 00:31:20.400] In fact, if this weren't a toll road, I'd say maybe they're putting the free back in [00:31:20.400 --> 00:31:21.400] freeway. [00:31:21.400 --> 00:31:22.400] Yee-haw! [00:31:22.400 --> 00:31:31.280] I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine. [00:31:31.280 --> 00:31:32.280] What are you thinking? [00:31:32.840 --> 00:31:37.880] Micro plant powder with iodine and probiotics for a total body detox for around ten dollars [00:31:37.880 --> 00:31:38.880] a month. [00:31:38.880 --> 00:31:44.080] Infusa.org has twelve formulations of micro plant powder for absorbing and removing toxins [00:31:44.080 --> 00:31:48.920] from your kidney, liver, blood, lungs, stomach and colon and feel better than ever. [00:31:48.920 --> 00:31:53.920] It alkalizes, oxygenates, kills parasites, does the job of ten products that saves you [00:31:53.920 --> 00:31:55.560] space, time and money. [00:31:55.560 --> 00:32:00.600] Call 888-910-4367 only at Infusa.org. [00:32:01.920 --> 00:32:05.560] Rule of Law Radio is proud to offer the Rule of Law traffic seminar. [00:32:05.560 --> 00:32:07.960] In today's America, we live in an us against them society. [00:32:07.960 --> 00:32:11.240] And if we the people are ever going to have a free society, then we're going to have to [00:32:11.240 --> 00:32:13.280] stand and defend our own rights. [00:32:13.280 --> 00:32:16.560] Among those rights are the right to travel freely from place to place, the right to act [00:32:16.560 --> 00:32:20.560] in our own private capacity and most importantly, the right to due process of law. [00:32:20.560 --> 00:32:24.440] Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve [00:32:24.440 --> 00:32:25.840] our rights through due process. [00:32:25.840 --> 00:32:29.800] Former sheriff's deputy Eddie Craig, in conjunction with Rule of Law Radio, has put together the [00:32:29.800 --> 00:32:33.600] most comprehensive teaching tool available that will help you understand what due process [00:32:33.600 --> 00:32:35.960] is and how to hold courts to the rule of law. [00:32:35.960 --> 00:32:39.960] You can get your own copy of this invaluable material by going to RuleofLawRadio.com and [00:32:39.960 --> 00:32:41.280] ordering your copy today. [00:32:41.280 --> 00:32:44.480] By ordering now, you'll receive a copy of Eddie's book, The Texas Transportation Code, [00:32:44.480 --> 00:32:49.040] The Law Versus the Lie, video and audio of the original 2009 seminar, hundreds of research [00:32:49.040 --> 00:32:51.360] documents and other useful resource material. [00:32:51.360 --> 00:32:55.320] Learn how to fight for your rights with the help of this material from RuleofLawRadio.com. [00:32:55.320 --> 00:32:59.520] Order your copy today and together we can have the free society we all want and deserve. [00:33:01.240 --> 00:33:07.240] Live Free Speech Radio, LogosRadioNetwork.com [00:33:08.960 --> 00:33:12.960] [Music] [00:33:14.680 --> 00:33:17.680] [Music] [00:33:17.680 --> 00:33:24.680] [Music] [00:33:24.680 --> 00:33:28.680] [Music] [00:33:28.680 --> 00:33:32.680] [Music] [00:33:32.680 --> 00:33:36.680] [Music] [00:33:36.680 --> 00:33:40.680] [Music] [00:33:41.680 --> 00:33:44.680] [Music] [00:33:44.680 --> 00:33:47.680] [Music] [00:33:47.680 --> 00:33:50.680] [Music] [00:33:50.680 --> 00:33:53.680] [Music] [00:33:53.680 --> 00:33:56.680] [Music] [00:33:56.680 --> 00:33:59.680] [Music] [00:33:59.680 --> 00:34:02.680] [Music] [00:34:02.680 --> 00:34:05.680] [Music] [00:34:05.680 --> 00:34:08.680] [Music] [00:34:08.680 --> 00:34:11.680] [Music] [00:34:11.680 --> 00:34:14.680] [Music] [00:34:14.680 --> 00:34:17.680] [Music] [00:34:17.680 --> 00:34:22.680] Okay, we are back. Randy Kelton, Debra Stevens, Rule of Law Radio and our caller dropped off. [00:34:22.680 --> 00:34:27.680] Must be due to the rain in Austin. I'm up here in the Dallas/Fort Worth area where it [00:34:27.680 --> 00:34:34.680] never rains, where it never gets cold. We get a lot of Yankee propaganda about that, [00:34:34.680 --> 00:34:42.680] but we don't pay any attention to that. I was talking about the lawyer being sued and the more I think about it, [00:34:42.680 --> 00:34:49.680] the ramifications of that particular case are astounding. [00:34:49.680 --> 00:34:59.680] I cannot see the courts overturning that really because that would completely undermine the integrity of the courts. [00:34:59.680 --> 00:35:08.680] We were talking on the break about how it was kind of remarkable that one of these lawyers actually broke ranks [00:35:08.680 --> 00:35:13.680] and went after another lawyer. They don't do that very often. [00:35:13.680 --> 00:35:22.680] I suspect a lot of it has to do with the fact that there are actually lawyers out there who are human beings. [00:35:22.680 --> 00:35:33.680] Okay, I know most of them are bottom feeding scum suckers. Okay, but there are actually real human beings out there with bar cards [00:35:33.680 --> 00:35:36.680] that want to do the right thing for the right reason. [00:35:36.680 --> 00:35:46.680] Every person I've talked to going to law school, they want to go to law school because they want to be able to help people. [00:35:46.680 --> 00:35:51.680] Just like police, they want to be the good guys and they get into a system they didn't create [00:35:51.680 --> 00:36:02.680] and they hate it. One of the things, the stipulations of that system they didn't create is lawyers don't step on other lawyers [00:36:02.680 --> 00:36:08.680] with the implication if you break ranks, we'll all land on you like a ton of bricks. [00:36:08.680 --> 00:36:18.680] I think that is a false fear and apparently this lawyer did too because the lawyer took him on and they actually won it. [00:36:18.680 --> 00:36:29.680] What I thought that was about is these lawyers trying to help people, the courts are just so biased toward the banks and toward the big money [00:36:29.680 --> 00:36:35.680] that if you're a lawyer trying to help people, it has to really be frustrating. [00:36:35.680 --> 00:36:47.680] You have this lawyer on the other side acting with absolute impunity, just doing whatever kind of garbage he wants to [00:36:47.680 --> 00:36:57.680] and the court says, "Oh yeah, your boss dumped a lot of money in my campaign to get appointed as a federal judge. [00:36:57.680 --> 00:37:03.680] You bet, I'll feather your nest for you." And these lawyers are getting frustrated. [00:37:03.680 --> 00:37:10.680] But this one actually did a good job and kept him in the state court and got him nailed in the state. [00:37:10.680 --> 00:37:18.680] Now, every foreclosure mill out there is in a serious position. [00:37:18.680 --> 00:37:25.680] They know that the documentation they're getting from the banks is for the most part forgery. [00:37:25.680 --> 00:37:37.680] The banks really screwed things up badly and the problem is that bail has already been wrung [00:37:37.680 --> 00:37:40.680] and for the most part they can't unring it. [00:37:40.680 --> 00:37:50.680] If you look at the documentation in the county recorder's office and this is a place most people tend not to go. [00:37:50.680 --> 00:38:01.680] They want to go to securitization and MERS is beneficiary and all of these rabbit hole issues that the bank wants you to take on. [00:38:01.680 --> 00:38:06.680] The old please don't throw me into briar patch routine. [00:38:06.680 --> 00:38:10.680] And I believe they do that because they do have a weakness. [00:38:10.680 --> 00:38:19.680] There is one place they absolutely do not want you to go and that's to the county recorder's office. [00:38:19.680 --> 00:38:25.680] That's where they made a big mess and they couldn't help it. [00:38:25.680 --> 00:38:33.680] They developed a business model and on the surface it looked rational and reasonable. [00:38:33.680 --> 00:38:47.680] You got all of these long term 30 year commitments in residential mortgages and then you have these investment portfolios, [00:38:47.680 --> 00:38:52.680] primarily retirement funds who need a long term investment. [00:38:52.680 --> 00:38:55.680] So, it looks like a perfect match. [00:38:55.680 --> 00:38:57.680] Put these two together. [00:38:57.680 --> 00:38:59.680] We factor the note. [00:38:59.680 --> 00:39:01.680] Everybody says securitization. [00:39:01.680 --> 00:39:03.680] I hate that term. [00:39:03.680 --> 00:39:06.680] Securitization is a really confusing term. [00:39:06.680 --> 00:39:10.680] I think the banks love that term because it is so confusing. [00:39:10.680 --> 00:39:16.680] The deed of trust is a security instrument or a mortgage is a security instrument. [00:39:16.680 --> 00:39:21.680] And the note is a security instrument is a security for the note. [00:39:21.680 --> 00:39:26.680] But when they securitize the note, the note becomes a security for the security they sell. [00:39:26.680 --> 00:39:30.680] This is too many securities. [00:39:30.680 --> 00:39:32.680] It's easy to understand. [00:39:32.680 --> 00:39:34.680] This is factoring. [00:39:34.680 --> 00:39:39.680] Anybody who's ever had their own business and they got a whole stack of accounts receivable here. [00:39:39.680 --> 00:39:43.680] They've got all of their money put out to do these jobs. [00:39:43.680 --> 00:39:47.680] They've got them all billed out, but they're not getting the money. [00:39:47.680 --> 00:39:51.680] So, they're sitting on a stack of accounts receivable and they can't pay their help. [00:39:51.680 --> 00:39:55.680] So, they go to the bank and say, yeah, I got all this money coming in. [00:39:55.680 --> 00:39:59.680] Will you help me out and buy the receivables from me? [00:39:59.680 --> 00:40:03.680] They don't buy anything but the right to receive the payment. [00:40:03.680 --> 00:40:08.680] And they buy it from them for at a discount. [00:40:08.680 --> 00:40:13.680] So, you give me 80% and when you collect it, you keep the whole thing. [00:40:13.680 --> 00:40:15.680] That's factoring. [00:40:15.680 --> 00:40:17.680] It's been common practice forever. [00:40:17.680 --> 00:40:23.680] And that's what they were looking to do with the presidential mortgages. [00:40:23.680 --> 00:40:26.680] You've got a long-term commitment here. [00:40:26.680 --> 00:40:34.680] It will generate two to two and a half times its face value and interest over the 30-year term. [00:40:34.680 --> 00:40:46.680] So, they set up this procedure where the lender would create a debt instrument. [00:40:46.680 --> 00:40:54.680] And the higher the interest on the debt instrument, the more profitable it appeared to be. [00:40:54.680 --> 00:41:01.680] So, the more profit he could show down the road, the more he could ask for it on the front end. [00:41:01.680 --> 00:41:10.680] So, he would write this note, the mortgage company would, and then sell that to the investor. [00:41:10.680 --> 00:41:14.680] We're not going to go into the pooling and servicing and all that stuff. [00:41:14.680 --> 00:41:21.680] They would sell it to the--sell the right to receive the payments to the investor. [00:41:21.680 --> 00:41:29.680] And then the investor would buy it from them for on the average of 103% of the original principal. [00:41:29.680 --> 00:41:44.680] And then the lender who's--when he, in order to secure the contract, made an agreement with the buyer that, [00:41:44.680 --> 00:41:52.680] "Well, I will go buy the property and bring you a warranty deed and give you a warranty deed, [00:41:52.680 --> 00:41:56.680] which gives you ownership of the property right now. [00:41:56.680 --> 00:42:06.680] If you will give me a promise to pay this amount over this period, then we sit down at closing. [00:42:06.680 --> 00:42:12.680] You give me this promise to pay and I trade it for the warranty deed." [00:42:12.680 --> 00:42:17.680] And we have a lot of people that were raising the issue of, "Well, there's no money." [00:42:17.680 --> 00:42:23.680] Who cares? This is not about money. It's about offering acceptance. [00:42:23.680 --> 00:42:28.680] I trade you a warranty deed for a promise to pay. [00:42:28.680 --> 00:42:34.680] How I secured the money, the warranty deed is not any of your business. [00:42:34.680 --> 00:42:44.680] If I got it through the Federal Reserve with my Federal Reserve account, [00:42:44.680 --> 00:42:49.680] where I only actually had to have up 10% in the Federal Reserve, created the rest out of the thin air, [00:42:49.680 --> 00:42:52.680] you don't have anything to do with that transaction. [00:42:52.680 --> 00:42:58.680] It's just not your business. What do you care? That's between the bank and the Federal Reserve. [00:42:58.680 --> 00:43:08.680] But the lender, I'm sorry, the lender in the Federal Reserve, the lender does actually have to put up funds to secure that warranty deed. [00:43:08.680 --> 00:43:17.680] So he doesn't want all his money tied up because he's just a mortgage company and he don't have the super deep pockets that the bank does. [00:43:17.680 --> 00:43:23.680] So he goes to somebody with a bunch of money they need to do something with and gets the money from them [00:43:23.680 --> 00:43:28.680] so he can pay back the Federal Reserve and put that money back in his account [00:43:28.680 --> 00:43:33.680] or he can pay back the bank from whom he loaned this money. [00:43:33.680 --> 00:43:38.680] And then he can go out and do it again and again and again and he makes his money by turnover. [00:43:38.680 --> 00:43:46.680] So in order for him to really move a lot of loans, he needs to sell these things so he can get his money back out of it. [00:43:46.680 --> 00:43:50.680] I hope that makes sense. I'll pick this up on the other side. [00:43:50.680 --> 00:43:58.680] Oh, Bobby's back. Bob, try not to fall off. I'll pick you up as soon as we come back. We'll be right back. [00:43:58.680 --> 00:44:05.680] Hello, my name is Stuart Smith from NaturesPureOrganics.com [00:44:05.680 --> 00:44:11.680] and I would like to invite you to come by our store at 1904 Guadalupe Street, Suite D here in Austin, Texas [00:44:11.680 --> 00:44:17.680] to find brave new books and take things. To see all our fantastic health and wellness products with your very own eyes. [00:44:17.680 --> 00:44:21.680] Have a look at our miracle healing clay that started our adventure in alternative medicine. [00:44:21.680 --> 00:44:29.680] 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. [00:44:29.680 --> 00:44:42.680] Call 512-264-4043 or find us online at NaturesPureOrganics.com. That's 512-264-4043, NaturesPureOrganics.com [00:44:42.680 --> 00:44:46.680] Don't forget to like us on Facebook for information on events and our products. [00:44:46.680 --> 00:44:49.680] NaturesPureOrganics.com [00:44:49.680 --> 00:45:03.680] Are you the plaintiff or defendant in a lawsuit? [00:45:03.680 --> 00:45:14.680] Win your case without an attorney with Jurisdictionary, the affordable, easy to understand 4-CD course that will show you how in 24 hours, step by step. [00:45:14.680 --> 00:45:22.680] 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. [00:45:22.680 --> 00:45:27.680] Thousands have won with our step by step course and now you can too. [00:45:27.680 --> 00:45:33.680] Jurisdictionary was created by a licensed attorney with 22 years of case winning experience. [00:45:33.680 --> 00:45:42.680] Even if you're not in a lawsuit, you can learn what everyone should understand about the principles and practices that control our American courts. [00:45:42.680 --> 00:45:51.680] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, pro se tactics and much more. [00:45:51.680 --> 00:46:00.680] Please visit www.RuleOfLawRadio.com and click on the banner or call toll free 866-LAW-EZ [00:46:01.680 --> 00:46:19.680] If you did not have any problems, where are you going to look for one? [00:46:19.680 --> 00:46:25.680] If you could not wait any bout too long, what was your purpose as we die? [00:46:25.680 --> 00:46:31.680] What's the sentiment of soldier, warrior of love, scuffle and the keep of peace? [00:46:31.680 --> 00:46:36.680] All the digging and the misunderstanding, somebody calls the police. [00:46:36.680 --> 00:47:00.680] Watching the spots fly, watching the spots fly, watching the spots fly, watching the spots fly. [00:47:00.680 --> 00:47:06.680] Friction is an addiction, the hard work can leave you for all this nail. [00:47:06.680 --> 00:47:12.680] There's a high feeling deep, so it's trying to cool you down, a heavy load of sense and not a scale. [00:47:12.680 --> 00:47:18.680] The time is combining with the consequences, you'll find out after a while. [00:47:18.680 --> 00:47:20.680] It's not your moral right to be afraid. [00:47:20.680 --> 00:47:26.680] Okay, we are back. Randy Kelton, Debra Stevens, Rule of Law Radio and we're going to go to Bob in Texas. [00:47:26.680 --> 00:47:29.680] I'll get back to this part later. [00:47:29.680 --> 00:47:39.680] I'm trying to make how this works make sense without getting all into all of the technical mumbo jumbo. [00:47:39.680 --> 00:47:51.680] Once you kind of understand how the procedure is supposed to work, it really makes sense and it makes perfect sense why you should go to the County Records Office. [00:47:51.680 --> 00:47:56.680] Because that is the real weakness in this system. [00:47:56.680 --> 00:48:07.680] It looked like a really good procedure, but there was a problem, a specific problem when you're dealing with real property that other kinds of securities didn't have. [00:48:07.680 --> 00:48:10.680] And I'll get to that later. [00:48:10.680 --> 00:48:13.680] Right now I'm going to go to Bob before he drops off again. [00:48:13.680 --> 00:48:14.680] Hello, Bob. [00:48:14.680 --> 00:48:15.680] Hello, Randy. [00:48:15.680 --> 00:48:17.680] Thank you for taking the call. [00:48:17.680 --> 00:48:43.680] I believe that I have a question in reference to the records that they retain and I believe I was looking through the Texas Code of Business Practices or something like that where Texas allowed all of their documents to be transferred electronically through their cut down on the massive storage space supposedly that was being taken up. [00:48:43.680 --> 00:48:59.680] Yes, I think that was adopted as Chapter 41 and what was adopted was 15 U.S. Code, I think it's 15 U.S. Code 7001. [00:48:59.680 --> 00:49:00.680] Exactly. [00:49:01.680 --> 00:49:15.680] But when you read down there through the requirement, the ability that allows those organizations to do that has to have a signed agreement by all parties of the contract. [00:49:15.680 --> 00:49:24.680] So, if you didn't sign an agreement to have those documents turned to electronic, I would think, yeah, they have to keep the originals on file. [00:49:24.680 --> 00:49:30.680] Well, if you're talking about real property records. [00:49:30.680 --> 00:49:32.680] Yes, exactly. [00:49:32.680 --> 00:49:38.680] They are specifically exempted from e-filing. [00:49:38.680 --> 00:49:55.680] Read 15 U.S. Code 7003 or read, I think it's Chapter 41 of the Business and Commerce Code. The third one, I'm not sure exactly how it's numbered in, I think it's 41003. [00:49:55.680 --> 00:50:05.680] But it specifically exempts certain records and real property records are specifically exempted. [00:50:05.680 --> 00:50:10.680] Some automatic transference to electronic, isn't that correct? [00:50:10.680 --> 00:50:13.680] Wait, say that again, I missed part of that. [00:50:13.680 --> 00:50:17.680] Exactly, so if they don't have your signed agreement, they are forbidden. [00:50:17.680 --> 00:50:20.680] No, no, no, this doesn't have anything to do with that. [00:50:20.680 --> 00:50:27.680] They are specifically forbidden to e-file these documents. [00:50:27.680 --> 00:50:40.680] It's in the code because the codes of every state require that the original instrument be filed in the record. [00:50:40.680 --> 00:50:58.680] So, when they wrote the e-filing act, those documents, those kinds of records that were statutorily required to be filed in their original format were exempted from the e-filing act. [00:50:58.680 --> 00:51:03.680] Okay, that's the records that go to the courthouse. [00:51:03.680 --> 00:51:06.680] No, not the courthouse. [00:51:06.680 --> 00:51:08.680] And that's where their problem is. [00:51:08.680 --> 00:51:11.680] The ones that go to the courthouse is okay. [00:51:11.680 --> 00:51:20.680] The ones that go to the county registrar of deeds, that's the one they cannot electronically file. [00:51:20.680 --> 00:51:24.680] And I was trying to figure out how it happened. [00:51:24.680 --> 00:51:27.680] I'm in Tarrant County, or I'm north of Tarrant County. [00:51:27.680 --> 00:51:31.680] I was at Tarrant County and I talked to the clerk there. [00:51:31.680 --> 00:51:38.680] And apparently, I knew a guy who worked for the district clerk's office for several years. [00:51:38.680 --> 00:51:48.680] And what he said was that Wilder, the district clerk, set up the e-filing program for Tarrant County. [00:51:48.680 --> 00:51:56.680] And I feel relatively certain that what occurred was is the district clerks got together. [00:51:56.680 --> 00:52:07.680] Since the district clerks are kind of higher level than the county clerks, they all got together and put and developed a e-filing system. [00:52:07.680 --> 00:52:17.680] Well, the district clerk doesn't deal with any documents that's in that list of exemptions. [00:52:17.680 --> 00:52:23.680] So, they never paid any attention to it because it didn't apply to them. [00:52:23.680 --> 00:52:31.680] And they set up the e-filing system and the county clerks adopted the e-filing system set up for the district clerks. [00:52:31.680 --> 00:52:34.680] And nobody ever looked at that. [00:52:34.680 --> 00:52:48.680] Now, you want to say, now wait a minute, are you saying that in a state with 25 million people and 245 counties, that not one clerk read the code? [00:52:48.680 --> 00:52:53.680] Probably not. [00:52:53.680 --> 00:52:54.680] Probably not. [00:52:54.680 --> 00:52:56.680] They read the Texas Code of Criminal Procedures. [00:52:56.680 --> 00:53:09.680] So, I went to the county clerk and I said, I want to see all of the documents that you have here that are here for filing today. [00:53:09.680 --> 00:53:13.680] And she said, oh, we don't have any documents. [00:53:13.680 --> 00:53:15.680] Well, then how do you file anything? [00:53:15.680 --> 00:53:20.680] Oh, we receive the documents by e-mail. [00:53:20.680 --> 00:53:24.680] Oh, so you receive them all electronically. [00:53:24.680 --> 00:53:25.680] She said, yes, we do. [00:53:25.680 --> 00:53:36.680] So, what is the scanning rate, the DPI scanning rate of the documents you receive? [00:53:36.680 --> 00:53:39.680] And she gave me this confused look. [00:53:39.680 --> 00:53:40.680] I said, oh, never mind, never mind. [00:53:40.680 --> 00:53:54.680] How do you know that the documents, the copies, the scanned copies that you received were true and accurate copies of an original? [00:53:54.680 --> 00:54:02.680] She said, oh, well, we get those from a special company set up for that purpose. [00:54:02.680 --> 00:54:04.680] Well, how do you know they're scanning originals? [00:54:04.680 --> 00:54:11.680] Oh, well, we have a memorandum of understanding with this company. [00:54:11.680 --> 00:54:14.680] Oh, you have a memorandum of understanding. [00:54:14.680 --> 00:54:15.680] Okay. [00:54:15.680 --> 00:54:20.680] So, this company is not the actual entity who's filing the document. [00:54:20.680 --> 00:54:22.680] Oh, no, no, no, no. [00:54:22.680 --> 00:54:23.680] Well, then where is this? [00:54:23.680 --> 00:54:27.680] Then I should be able to go to this company and see the original documents. [00:54:27.680 --> 00:54:31.680] Oh, no, they don't have the original documents. [00:54:31.680 --> 00:54:32.680] Oh, they don't. [00:54:32.680 --> 00:54:34.680] Then I should be able to. [00:54:34.680 --> 00:54:36.680] So, if I go to them, they're not going to have the original. [00:54:36.680 --> 00:54:43.680] So, how do they know that the documents that they receive are true and accurate copies of the originals? [00:54:43.680 --> 00:54:49.680] Oh, well, they have a memorandum of understanding with the title companies. [00:54:49.680 --> 00:54:55.680] Oh, they receive them from the title companies and they have a memorandum of understanding with the title companies. [00:54:55.680 --> 00:54:56.680] Okay. [00:54:56.680 --> 00:55:09.680] How do we know that the document that the title company got from whoever the original filer was, was a true and accurate copy? [00:55:09.680 --> 00:55:11.680] Oh, well, I don't know about that. [00:55:11.680 --> 00:55:21.680] So, you have a memorandum of understanding with a company that has a memorandum of understanding with a company that doesn't have diddly squat. [00:55:21.680 --> 00:55:26.680] And you're taking these documents and filing them as if they were valid. [00:55:26.680 --> 00:55:31.680] Are you familiar with 15 U.S. Code 7003? [00:55:31.680 --> 00:55:33.680] Huh? [00:55:33.680 --> 00:55:50.680] Well, it specifically exempts the deed of trust, an assignment of the substitute trustee, an appointment, an assignment of the security instrument, appointment of the substitute trustee. [00:55:50.680 --> 00:55:58.680] It specifically exempts them by name from being filed electronically. [00:55:58.680 --> 00:56:08.680] Well, the issue I was bringing up was with the original loan agreement that you signed at the table with the bank representative. [00:56:08.680 --> 00:56:11.680] Okay. Here's the deal with that. [00:56:11.680 --> 00:56:18.680] The agreement has to be with the filer and the clerk. [00:56:18.680 --> 00:56:27.680] The fact that you may have some peripheral interest in the document doesn't make you a party to the document. [00:56:27.680 --> 00:56:44.680] So, if we have the lender filing a transfer of the security instrument to a third party, you are not a party to that transaction. [00:56:44.680 --> 00:56:51.680] Now, you have certain rights concerning the transaction, but you are not a party to that transaction. [00:56:51.680 --> 00:56:53.680] Does that make sense? [00:56:53.680 --> 00:56:56.680] Well, yeah. [00:56:56.680 --> 00:56:58.680] You might not like it. [00:56:58.680 --> 00:57:00.680] You might want to be a party to it. [00:57:00.680 --> 00:57:13.680] Now, whoever did the filing, they had to have to agree with having an agreement with the clerk to file these electronically. [00:57:13.680 --> 00:57:23.680] And in order for the clerk to accept that agreement, they have to establish certain criteria to make sure you are who you say you are. [00:57:23.680 --> 00:57:27.680] I've tried to do that before and they wouldn't do it for me because I wasn't a lawyer. [00:57:27.680 --> 00:57:30.680] There are certain requirements for that. [00:57:30.680 --> 00:57:36.680] Well, still my issue is with the original loan documentation. [00:57:36.680 --> 00:57:47.680] The bank has to keep some kind of record on file that you signed an agreement to pay to let them claim to put your deed in the county record. [00:57:47.680 --> 00:57:49.680] Ah, hold on. [00:57:49.680 --> 00:57:56.680] That is a supposition that's not necessarily true. [00:57:56.680 --> 00:57:59.680] They don't have to. [00:57:59.680 --> 00:58:02.680] They should. [00:58:02.680 --> 00:58:08.680] But this is a free country and they are perfectly free to screw themselves if they want to. [00:58:08.680 --> 00:58:14.680] There's no law that requires them to keep that, file that, do anything with it. [00:58:14.680 --> 00:58:15.680] Exactly. [00:58:15.680 --> 00:58:17.680] And that's my contention. [00:58:17.680 --> 00:58:21.680] What it is, I've been listening to you down goody for three years minimum. [00:58:21.680 --> 00:58:26.680] And so I was making a list to go down and just visit my bank. [00:58:26.680 --> 00:58:30.680] Well, Uncle Bank still holds a filth in the payment room. [00:58:30.680 --> 00:58:33.680] But I wanted to see what was on the record. [00:58:33.680 --> 00:58:34.680] Okay, okay. [00:58:34.680 --> 00:58:35.680] Hang on, hang on. [00:58:35.680 --> 00:58:36.680] We're about to go to break. [00:58:36.680 --> 00:58:39.680] This is Randy Kelton, Debra Stevens, Rule of Our Radio. [00:58:39.680 --> 00:58:43.680] I'll call in number 512-646-1984. [00:58:43.680 --> 00:58:44.680] Give us a call. [00:58:44.680 --> 00:58:46.680] We'll be right back. [00:58:46.680 --> 00:58:52.680] The Bible remains the most popular book in the world. [00:58:52.680 --> 00:58:57.680] Yet countless readers are frustrated because they struggle to understand it. [00:58:57.680 --> 00:59:01.680] Some new translations try to help by simplifying the text, [00:59:01.680 --> 00:59:06.680] but in the process can compromise the profound meaning of the scripture. [00:59:06.680 --> 00:59:08.680] Enter the recovery version. [00:59:08.680 --> 00:59:12.680] First, this new translation is extremely faithful and accurate, [00:59:12.680 --> 00:59:17.680] but the real story is the more than 9,000 explanatory footnotes. [00:59:17.680 --> 00:59:21.680] Difficult and profound passages are opened up in a marvelous way, [00:59:21.680 --> 00:59:27.680] providing an entrance into the riches of the Word beyond which you've ever experienced before. [00:59:27.680 --> 00:59:32.680] Bibles for America would like to give you a free recovery version simply for the asking. [00:59:32.680 --> 00:59:43.680] This comprehensive yet compact study Bible is yours just by calling us toll-free at 1-888-551-0102 [00:59:43.680 --> 00:59:47.680] or by ordering online at freestudybible.com. [00:59:47.680 --> 00:59:50.680] That's freestudybible.com. [00:59:50.680 --> 00:59:59.680] You're listening to the Logos Radio Network at logosradionetwork.com. [00:59:59.680 --> 01:00:06.680] This is the Liberty Beat, your daily source for Liberty News and activist updates, [01:00:06.680 --> 01:00:08.680] online at thelibertybeat.com. [01:00:08.680 --> 01:00:13.680] I'm Brian Hagan with your Liberty Beat for Thursday, September 18, 2014. [01:00:13.680 --> 01:00:15.680] Gold opened today at $1,219. [01:00:15.680 --> 01:00:18.680] Silver opened at $18.36. [01:00:18.680 --> 01:00:21.680] Bitcoin is trading around $439. [01:00:21.680 --> 01:00:24.680] Support for Liberty Beat comes from SovereignMiners.com. [01:00:24.680 --> 01:00:27.680] Interested in mining Bitcoin or other cryptocurrencies? [01:00:27.680 --> 01:00:29.680] Well, Sovereign Miners has you covered. [01:00:29.680 --> 01:00:32.680] All purchases come with a free script ASIC Miner. [01:00:32.680 --> 01:00:36.680] Visit SovereignMiners.com to buy your miner today. [01:00:36.680 --> 01:00:41.680] And support for Liberty Beat comes from the Michael Cargill for Austin City Council District 1 Campaign. [01:00:41.680 --> 01:00:44.680] Vote Michael Cargill to get the cars moving. [01:00:44.680 --> 01:00:48.680] Learn more or sign up to volunteer at CargillforTexas.com. [01:00:48.680 --> 01:00:52.680] Political advertisement paid for by the Michael Cargill for Austin City Council District 1 Campaign. [01:00:52.680 --> 01:00:58.680] In the news, President Obama's goal to train and arm Syrian rebels fighting Islamic extremists gains approval. [01:00:58.680 --> 01:01:04.680] It happened yesterday when the U.S. House voted 273 to 156 in favor of the plan, [01:01:04.680 --> 01:01:07.680] despite strong vocal protests from both sides of the aisle. [01:01:07.680 --> 01:01:11.680] According to The Hill, opposition came from a broad spectrum of ideologies, [01:01:11.680 --> 01:01:14.680] with such liberal Democrats as Jim McGovern and Barbara Lee [01:01:14.680 --> 01:01:19.680] joined in their votes against the measure by conservative Republicans Michelle Bachmann and Steve Stockman. [01:01:19.680 --> 01:01:22.680] The Senate is expected to approve the plan today. [01:01:22.680 --> 01:01:29.680] School police departments across the country have taken advantage of free military surplus gear, [01:01:29.680 --> 01:01:35.680] stocking up on mine-resistant armored vehicles, grenade launchers and scores of M16 rifles. [01:01:35.680 --> 01:01:38.680] The Associated Press reports that at least 26 school districts [01:01:38.680 --> 01:01:41.680] have participated in the Pentagon Surplus Program, [01:01:41.680 --> 01:01:47.680] which has come under scrutiny after militarized police responded to protesters in Ferguson, Missouri last month. [01:01:47.680 --> 01:01:52.680] Now, amid the increased criticism, several school districts say they'll give some of the equipment back, [01:01:52.680 --> 01:01:55.680] while others plan to keep the rifles they received. [01:01:55.680 --> 01:01:59.680] Nearly two dozen education and civil liberties groups sent a letter earlier this week to the feds, [01:01:59.680 --> 01:02:03.680] urging a stop to transfers of military weapons to school police. [01:02:04.680 --> 01:02:09.680] The Organization for Black Struggle is calling for activists to converge on Ferguson, Missouri [01:02:09.680 --> 01:02:14.680] from October 10th to the 13th for large demonstrations and civil disobedience. [01:02:14.680 --> 01:02:21.680] The actions are an effort to call attention to police brutality, militarized police, structural violence and systemic racism. [01:02:21.680 --> 01:02:27.680] Beginning October 9th, thousands of leaders from around the country will arrive in Ferguson for a training session. [01:02:27.680 --> 01:02:30.680] Support for Liberty Beat comes from My Magic Mud. [01:02:30.680 --> 01:02:34.680] For more information on central teeth whitener, go to My Magic Mud to hear a short interview with Dr. Griffin Cole. [01:02:34.680 --> 01:02:36.680] That's MyMagicMud.com. [01:02:36.680 --> 01:02:39.680] And today's edition of the Liberty Beat brought to you by Brave New Books, [01:02:39.680 --> 01:02:41.680] your source for all things bitcoin. [01:02:41.680 --> 01:02:49.680] Now hosting a bitcoin ATM, located in Austin, Texas, 1904 Guadalupe Street, or online, BraveNewBooksCore.com. [01:02:49.680 --> 01:02:53.680] This is the Liberty Beat for Thursday, September 18th, 2014. [01:02:53.680 --> 01:02:56.680] Check out the website at thelibertybeat.com. [01:02:56.680 --> 01:03:00.680] And like us on Facebook at Facebook.com/TheLibertyBeat. [01:03:00.680 --> 01:03:27.680] [music] [01:03:27.680 --> 01:03:32.680] Okay, we are back. Grant Helton, Deborah Stevens, Rural Radio, and we're talking to Bob in Texas. [01:03:32.680 --> 01:03:34.680] Okay, Bob, go ahead. [01:03:34.680 --> 01:03:44.680] And, yeah, I do agree with you on the fact that the bank has no - you know, they can destroy any records they want. [01:03:44.680 --> 01:03:55.680] But what does the bank bring into the court to prove that you owe them any money on this property except for the agreement you signed on your loan? [01:03:55.680 --> 01:04:02.680] Now, when I was going to the bank, I was going to make a list of all the stuff I wanted to pick up. [01:04:02.680 --> 01:04:09.680] My loan documents, power of attorneys of all the people that they said were representing the bank, [01:04:09.680 --> 01:04:21.680] and the loan agreement is not a protected document as far as having to keep in its original deal. [01:04:21.680 --> 01:04:31.680] But under the Electronic Filings Act, they can switch a loan document to electronic if you give agreement. [01:04:31.680 --> 01:04:34.680] And I bought this house, I don't know, 16 years ago. [01:04:34.680 --> 01:04:36.680] Everything's current, but, you know, just curiosity. [01:04:36.680 --> 01:04:39.680] I wanted to check and see what's going on. [01:04:39.680 --> 01:04:44.680] And so I was listening, you know, to get all my court records, the bank records. [01:04:44.680 --> 01:04:57.680] And if they had converted that original loan document to an electronic document without my approval, it's a void instrument. [01:04:57.680 --> 01:05:02.680] That is a good point. [01:05:02.680 --> 01:05:14.680] So, I had never had a bank try to represent an electronic document as an original. [01:05:14.680 --> 01:05:20.680] They always represented it as a true and accurate copy. [01:05:20.680 --> 01:05:34.680] So, I don't see how turning it into an electronic document would get them around the requirements of 3-501 of the Uniform Commercial Code. [01:05:34.680 --> 01:05:47.680] If the lender, if the borrower makes a demand of the lender that he produce the original debt instrument, [01:05:47.680 --> 01:05:59.680] then the lender must make the original debt instrument available for inspection or the borrower may cease all payment without dishonor. [01:05:59.680 --> 01:06:11.680] This is what the requirement that Mackey was acting under when the borrower asked to see the original document. [01:06:11.680 --> 01:06:14.680] The lender doesn't have to give it to him. [01:06:14.680 --> 01:06:17.680] He has to show it to him. [01:06:17.680 --> 01:06:20.680] So, he was acting under that code. [01:06:20.680 --> 01:06:30.680] I don't see how converting it, if you make an electronic copy and move the copies around in electronic format, [01:06:30.680 --> 01:06:37.680] that doesn't affect that requirement that you hold the original as far as I can tell. [01:06:37.680 --> 01:06:38.680] Exactly. [01:06:38.680 --> 01:06:45.680] And that's what I was just trying to prepare myself to see how they presented it. [01:06:45.680 --> 01:06:54.680] And I agree with that if they can't show you the original, you can't confirm that it hasn't been changed. [01:06:54.680 --> 01:07:07.680] It is under the power of the custodian of records, but you might even have a lawsuit against them if your agreement to have it converted isn't attached. [01:07:07.680 --> 01:07:12.680] Well, have you ever looked at the Ginnie Mae manual? [01:07:12.680 --> 01:07:14.680] No. [01:07:14.680 --> 01:07:17.680] You might want to look at the Ginnie Mae manual. [01:07:17.680 --> 01:07:25.680] There's a section in there on getting loans approved for Ginnie Mae. [01:07:25.680 --> 01:07:42.680] And what it says is, is that the lender will present all of the documents in a loan to a commitment officer for Ginnie Mae. [01:07:42.680 --> 01:07:51.680] And that the commitment officer for Ginnie Mae will certify that all of the documents meet the requirements for Ginnie Mae. [01:07:51.680 --> 01:08:01.680] And then that commitment officer will retain possession of these documents until termination of the contract. [01:08:01.680 --> 01:08:06.680] This commitment officer would be the document custodian. [01:08:06.680 --> 01:08:12.680] And normally the document custodian is the servicer. [01:08:12.680 --> 01:08:24.680] So, under the Ginnie Mae requirements, the document custodian is required to have physical possession of the original security instrument. [01:08:24.680 --> 01:08:29.680] So, why all this problem with show me the note? [01:08:29.680 --> 01:08:38.680] And all this nonsense about the lenders giving the documents to MERS. [01:08:38.680 --> 01:08:42.680] They wouldn't be giving the documents to MERS and then MERS shredding them. [01:08:42.680 --> 01:08:46.680] That's nonsense. [01:08:46.680 --> 01:08:52.680] That Ginnie Mae requires that those documents stay right in the hands of that custodian. [01:08:52.680 --> 01:08:56.680] So, all that other crap older the banks was pushing. [01:08:56.680 --> 01:09:01.680] I think that's a rabbit hole they've been trying to get us all to crawl down. [01:09:01.680 --> 01:09:04.680] Yeah, yeah. [01:09:04.680 --> 01:09:14.680] Keep us from looking in the public record and see what has been filed and what has not been filed. [01:09:14.680 --> 01:09:23.680] So, anyway, even if they did make a digitized copy of the note, I don't see how that would affect anything. [01:09:23.680 --> 01:09:25.680] Okay. [01:09:25.680 --> 01:09:34.680] We've never had a bank try to represent the note as the original. [01:09:34.680 --> 01:09:37.680] They always represent it as a true and accurate copy. [01:09:37.680 --> 01:09:42.680] And they try to claim that that's sufficient. [01:09:42.680 --> 01:09:51.680] And we want to claim that it's no such thing because we want to bring in a note that looks exactly like the one they brought, [01:09:51.680 --> 01:10:03.680] has exactly the same number of words, number as pages, ends in the same place, but somehow the words are a little bit different. [01:10:03.680 --> 01:10:06.680] Yeah, yeah. [01:10:06.680 --> 01:10:13.680] So, which one is the true and accurate copy of the original, guys? [01:10:13.680 --> 01:10:24.680] That was one issue that I found was without the agreement of both parties, the document was void if it wasn't agreed to. [01:10:24.680 --> 01:10:27.680] I can put it to electronic. [01:10:27.680 --> 01:10:31.680] In other words, another website. [01:10:31.680 --> 01:10:43.680] But anyways, I was reading through that agreement, it said that the signed agreement by the party must be on file. [01:10:43.680 --> 01:10:50.680] And so that was one of the documents that I was going to look for, in particular when I went to the bank, say, well, where's this document? [01:10:50.680 --> 01:10:54.680] Where's my agreement to have this converted to electronic? [01:10:54.680 --> 01:10:56.680] Wait a minute. [01:10:56.680 --> 01:11:02.680] That will go to the deed of trust. [01:11:02.680 --> 01:11:05.680] Because you did sign the deed of trust. [01:11:05.680 --> 01:11:08.680] You are the creator of the deed of trust. [01:11:08.680 --> 01:11:11.680] So you are definitely a party to that one. [01:11:11.680 --> 01:11:12.680] Yeah. [01:11:12.680 --> 01:11:16.680] Actually, you're the only party to that one. [01:11:16.680 --> 01:11:24.680] Well, actually the bank is kind of a party, but you're the only one that endorses that one. [01:11:24.680 --> 01:11:26.680] Yeah. [01:11:26.680 --> 01:11:43.680] So if that one's been filed without agreement of you, without your agreement, but I think you're going to construe that to say that this goes to the holder as the filer. [01:11:43.680 --> 01:11:55.680] And since you prepared that document and gave it to the holder that you no longer have standing in this capacity. [01:11:55.680 --> 01:12:12.680] But that's the you know, you no longer have standing to decide how it's filed with the county recorder because it's filed with the county recorder, not for your benefit, but for the benefit of the beneficiary of the document. [01:12:12.680 --> 01:12:21.680] So that would be the party of interest as concerns filing with the court. [01:12:21.680 --> 01:12:31.680] But they must retain proof of beneficiary, you know, their ability to assume that benefit. [01:12:31.680 --> 01:12:34.680] That's a different issue. [01:12:34.680 --> 01:12:39.680] But yeah, that goes to the validity of the contract. [01:12:39.680 --> 01:12:46.680] If they are the original holder, and that is a question when it's filed. [01:12:46.680 --> 01:13:01.680] When the document is actually filed with the court, is the filer the holder of the entire instrument? [01:13:01.680 --> 01:13:10.680] See, this is an order. This is for the purpose of securing the holder against loss. [01:13:10.680 --> 01:13:19.680] But if the holder of this document is no longer the holder of the beneficial interest of the security instrument, [01:13:19.680 --> 01:13:34.680] then the filing of this document should be construed as fraudulent because the document claims or purports to protect the named party. [01:13:34.680 --> 01:13:41.680] And it claims that the named party has a claim against the borrower. [01:13:41.680 --> 01:13:46.680] And this document is to protect the interest of that named party. [01:13:46.680 --> 01:13:59.680] Well, if that named party has sold all the beneficial interest to someone else, then that named party no longer holds the claim. [01:13:59.680 --> 01:14:07.680] Because according to the courts, the security instrument follows the note. [01:14:07.680 --> 01:14:15.680] Then when the holder transferred the beneficial interest of the note, the security instrument followed it. [01:14:15.680 --> 01:14:20.680] So, he can no longer be construed as the holder or the beneficiary. [01:14:20.680 --> 01:14:24.680] What is the original security instrument? [01:14:24.680 --> 01:14:33.680] It's like me getting a material man's lien. [01:14:33.680 --> 01:14:37.680] Say I buy property, I buy materials to do work on your property. [01:14:37.680 --> 01:14:41.680] And you pay me, but you don't pay for the materials. [01:14:41.680 --> 01:14:44.680] So, I file a material man's lien. [01:14:44.680 --> 01:14:58.680] And then the contractor from whom I purchased the product says, well, you know, you charge the homeowner 10% markup on the property. [01:14:58.680 --> 01:15:06.680] If you will just sell me the note, I'll cancel your debt and then I'll collect this from the homeowner. [01:15:06.680 --> 01:15:09.680] And I'll gain 10% when I collect it. [01:15:09.680 --> 01:15:12.680] So, I say, that'll work. [01:15:12.680 --> 01:15:15.680] So, I sell it to you and I get my money back. [01:15:15.680 --> 01:15:20.680] I got my payment for labor and I get my money back for materials, I'm cool. [01:15:20.680 --> 01:15:25.680] And this other party over here now holds the right to be paid. [01:15:25.680 --> 01:15:33.680] Then I go down to the clerk and I file a material man's lien saying I have a claim against this party. [01:15:33.680 --> 01:15:35.680] Well, you don't have any such thing. [01:15:35.680 --> 01:15:38.680] You transferred that claim to somebody else. [01:15:38.680 --> 01:15:43.680] So, when you filed this document, it was fraudulent on its face. [01:15:43.680 --> 01:15:56.680] Whoever you sold the security interest to, the lien followed the claim. [01:15:56.680 --> 01:15:59.680] That person is the one that had a claim. [01:15:59.680 --> 01:16:01.680] They should have filed the lien. [01:16:01.680 --> 01:16:03.680] Does that make sense? [01:16:03.680 --> 01:16:04.680] Yeah. [01:16:04.680 --> 01:16:05.680] Okay. [01:16:05.680 --> 01:16:12.680] So, when you go down and sit down with the lender and the lender is a pretender lender, [01:16:12.680 --> 01:16:17.680] the lender is not really the one that bought the warranty deed. [01:16:17.680 --> 01:16:20.680] The special purpose vehicle bought the warranty deed. [01:16:20.680 --> 01:16:27.680] And that special purpose vehicle could well be a Colombian drug cartel. [01:16:27.680 --> 01:16:37.680] They bought it and you came in and said I have it and I'll trade you for the note. [01:16:37.680 --> 01:16:42.680] Well, when you trade for the note, you don't receive the note in trade. [01:16:42.680 --> 01:16:45.680] You're just a courier. [01:16:45.680 --> 01:16:51.680] The special purpose vehicle receives it so you never had any skin in the game. [01:16:51.680 --> 01:16:52.680] Hang on. [01:16:52.680 --> 01:16:54.680] Randy Carlton, Debra Stevens, Rulavile Radio. [01:16:54.680 --> 01:16:57.680] Call it number 512-646-1984. [01:16:57.680 --> 01:16:59.680] We'll be right back. [01:16:59.680 --> 01:17:02.680] Chances are you've heard of My Magic Mud. [01:17:02.680 --> 01:17:03.680] But have you used it? [01:17:03.680 --> 01:17:08.680] Thousands of people are blown away by the clean and healthy feeling they experience after just one use. [01:17:08.680 --> 01:17:12.680] Here's what Harlan Dietrich, owner of Brave New Books, has to say about the product. [01:17:12.680 --> 01:17:13.680] Hey, everybody. 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[01:19:14.680 --> 01:19:19.680] [music] [01:19:20.680 --> 01:19:25.680] [music] [01:19:26.680 --> 01:19:31.680] [music] [01:19:31.680 --> 01:19:36.680] [music] [01:19:56.680 --> 01:20:02.680] Okay, we are back. Brandon Kelton, David Stevens, Rueval Radio, talking to Bob in Texas. [01:20:02.680 --> 01:20:17.680] Then the point there is, is if the lender either has already sold his interest or never had an interest in the first place, [01:20:17.680 --> 01:20:28.680] when he goes down to the clerk and files this claim against your property, claims fraudulent on his face because he never had it in the first place, [01:20:28.680 --> 01:20:32.680] or he had it and he sold it before he got his claim filed. [01:20:32.680 --> 01:20:38.680] So at the time he filed, he didn't have a claim. Does that make sense? [01:20:38.680 --> 01:20:43.680] Well, yeah, it's raised a lot more questions. [01:20:43.680 --> 01:20:47.680] I probably added two years more research rabbit holes and cross references. [01:20:47.680 --> 01:20:51.680] Go to freemortgageshelp.net. [01:20:51.680 --> 01:20:53.680] I put the site up. [01:20:53.680 --> 01:21:00.680] It's not as well set up as I would like it, but it's got a lot of information in there. [01:21:00.680 --> 01:21:02.680] Oh, yeah. [01:21:02.680 --> 01:21:05.680] Let me let you move along to somebody else you can help. [01:21:05.680 --> 01:21:07.680] And hey, thank you all for putting this stuff out. [01:21:07.680 --> 01:21:09.680] Really, I really do appreciate it. [01:21:09.680 --> 01:21:11.680] Okay. Thank you, Bob. [01:21:11.680 --> 01:21:13.680] Okay. [01:21:13.680 --> 01:21:20.680] When Bob called in, I was talking about this lawyer being sued. [01:21:20.680 --> 01:21:30.680] Well, fortunately, the lawyer was not the sharpest knife in the door, or he may be sharper than he appears, but he wasn't paying attention. [01:21:30.680 --> 01:21:38.680] In his answer to the suit, he did not address the claim that the document was fraud. [01:21:38.680 --> 01:21:41.680] He did not deny it. [01:21:41.680 --> 01:21:48.680] He merely stated that the he had immunity and could not be sued. [01:21:48.680 --> 01:21:52.680] And that's pretty arrogant for a lawyer. [01:21:52.680 --> 01:22:00.680] You know, you may think you have an issue that's dead bang. [01:22:00.680 --> 01:22:11.680] But there is a very common term used in law that this lawyer could have taken some wisdom from. [01:22:11.680 --> 01:22:15.680] And the term is in the alternative. [01:22:15.680 --> 01:22:26.680] I make this argument that you can't sue me because I was merely representing my client and as such, I have immunity. [01:22:26.680 --> 01:22:31.680] Well, what if they don't buy that story? [01:22:31.680 --> 01:22:36.680] You need to say in the alternative. [01:22:36.680 --> 01:22:41.680] This document was not fraudulent for this reason, that reason or the other reason. [01:22:41.680 --> 01:22:56.680] And then at least when this went to the Court of Appeals, the Court of Appeals would have had some chump garbage over which they could dismiss the appeal and then ignore the real question. [01:22:56.680 --> 01:23:01.680] The Court of Appeals will ignore the hard question if they can. [01:23:01.680 --> 01:23:10.680] They'll rule against you on some minor point and then refuse to even rule on the major point. [01:23:10.680 --> 01:23:18.680] So in this case, he wasn't smart enough to slide something in there that the Court of Appeals could work with. [01:23:18.680 --> 01:23:23.680] Apparently, he was either too busy or just too arrogant. [01:23:23.680 --> 01:23:31.680] All he said was he couldn't be sued. So that's the only issue before the court. Now the court can't avoid it. [01:23:31.680 --> 01:23:46.680] And what happens to all of these other foreclosure lawyers out there when the bank comes to them and gives them some of these houses to foreclose on? [01:23:46.680 --> 01:23:53.680] And the documentation filed in the case is fraudulent. [01:23:53.680 --> 01:23:58.680] And let's go to what is fraudulent. [01:23:58.680 --> 01:24:08.680] Under 51901(c), I don't have it in front of me, so I can't quote it exactly, but I had a little forethought I had to call it up. [01:24:08.680 --> 01:24:24.680] But it essentially says that any document filed in the record for which there is no stated authority in the record. [01:24:24.680 --> 01:24:30.680] Just a second, I don't multitask well. I just looked it up. Maybe I'll find it. [01:24:30.680 --> 01:24:36.680] For which there's nothing showing that they have authority to file it. [01:24:36.680 --> 01:24:45.680] I've got it here. It's presumed to be fraudulent. [01:24:45.680 --> 01:24:48.680] There it is. I'm sorry. I've got the right. Now I've got it. [01:24:48.680 --> 01:25:17.680] Under 51903(c) for the purpose of this section, a document or instrument is presumed to be fraudulent if the document is a purported judgment or other document purported to memorialize or evidence an act, an order, a directive or process of a purported court or purported judicial entity, a purported judicial officer of a purported court. [01:25:17.680 --> 01:25:36.680] If you understand better why this is worded this way and why it's saying purported, this was actually written to stop those people following the Republic of Texas movement from filing liens against public officials. [01:25:36.680 --> 01:25:44.680] Technically, they were filing the liens in accordance with the Uniform Commercial Code or with the Texas Business Commerce Code. [01:25:44.680 --> 01:25:49.680] The Texas Business Commerce Code adopted the Uniform Commercial Code in its entirety. [01:25:49.680 --> 01:25:58.680] They were doing it accurately under the Texas Business Commerce Code, but they're really hammering these public officials. [01:25:58.680 --> 01:26:01.680] So they passed this law specifically to stop them. [01:26:01.680 --> 01:26:14.680] That's why it's saying a purported court because the Republic of Texas kind of set up their own courts. Now they claim to have law that authorized them to do that. [01:26:14.680 --> 01:26:20.680] But in any case, it gave the legislature a little leverage to get underneath them. [01:26:20.680 --> 01:26:41.680] So let me back up again. For purposes of this section, a document or instrument is presumed to be fraudulent if the document is purported judgment or other document purporting memorialized evidence, an act, an order, a directive or process of a purported court, a purported judicial officer or a purported judicial officer. [01:26:41.680 --> 01:27:06.680] Two, the document or instrument purports to create a lien or assert a claim against real or personal property and an interest in real or personal property and is not a document or instrument provided for by the Constitution or laws of the state of the state or of the United States, [01:27:06.680 --> 01:27:20.680] is not created by implied or expressed consent or agreement of the obligor detour or owner of real or personal property or an interest in the real or personal property. [01:27:20.680 --> 01:27:30.680] If required under the laws of the state of Texas or by implied or expressed consent or agreement of an agent fiduciary or other representative of that person. [01:27:30.680 --> 01:27:39.680] And this is the one we're talking about. If you look in the record, let me give you an example. [01:27:39.680 --> 01:27:51.680] You look in the record, you find a deed of trust granting Washington Mutual Bank a claim against the property. [01:27:51.680 --> 01:28:03.680] And then five years later, there was filed an assignment, an appointment of substitute trustee filed by JPMorgan Chase. [01:28:03.680 --> 01:28:27.680] JPMorgan Chase, nothing in there indicates that JPMorgan Chase has permission by someone named in a filing in the court is not created by implied or expressed consent or agreement of the obligor detour or owner of the real or personal property. [01:28:27.680 --> 01:28:34.680] The owner of the real or personal property is the holder of the warranty deed, the borrower. [01:28:34.680 --> 01:28:49.680] The obligor or debtor, the obligor would be the one to whom the obligation in the deed of trust is made. [01:28:49.680 --> 01:28:55.680] The debtor is the same, but also be the holder of the warranty deed. [01:28:55.680 --> 01:29:14.680] Someone who has a claim, in order for the Washington Mutual to be able to file, say, a transfer of the security instrument to JPMorgan Chase, they would have to be named and they are. [01:29:14.680 --> 01:29:21.680] They're named by the owner of the property. They're named in the security instrument that they filed. [01:29:21.680 --> 01:29:27.680] So that gives Washington Mutual standing in order for JPMorgan Chase to have standing. [01:29:27.680 --> 01:29:39.680] Washington Mutual would have had to have filed a transfer, assignment of the security instrument from Washington Mutual to JPMorgan Chase. [01:29:39.680 --> 01:29:46.680] If you have a JPMorgan Chase, I mean, a Washington Mutual mortgage, you should look. [01:29:46.680 --> 01:29:56.680] Washington Mutual, when they were put out of business, didn't file any of those. Hang on, Randy Carlton, Debra Stevens, Rue La La Radio, we'll be right back. [01:29:56.680 --> 01:30:09.680] Reality TV, sugar, obesity, jet lag, the list of things that makes us dumber just keeps on growing. [01:30:09.680 --> 01:30:12.680] But now researchers say we can add stress to the list. [01:30:12.680 --> 01:30:16.680] I'm Dr. Catherine Albrecht, back with details in a moment. [01:30:16.680 --> 01:30:21.680] Privacy is under attack. When you give up data about yourself, you'll never get it back again. [01:30:21.680 --> 01:30:26.680] And once your privacy is gone, you'll find your freedoms will start to vanish too. [01:30:26.680 --> 01:30:32.680] So protect your rights. Say no to surveillance and keep your information to yourself. [01:30:32.680 --> 01:30:34.680] Privacy, it's worth hanging on to. [01:30:34.680 --> 01:30:41.680] This message is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo and Bing. [01:30:41.680 --> 01:30:44.680] Start over with StartPage. [01:30:44.680 --> 01:30:48.680] Are you always on the go and juggling multiple projects? [01:30:48.680 --> 01:30:52.680] If so, you might think that multitasking proves you're smart. [01:30:52.680 --> 01:30:56.680] But think again, all that stress might be eating your brain. [01:30:56.680 --> 01:31:03.680] A new study finds stress reduces the number of connections between neurons, which actually makes it harder for people to manage problems. [01:31:03.680 --> 01:31:10.680] Researchers at Yale University found that stressed out people have less gray matter in their prefrontal cortex. [01:31:10.680 --> 01:31:15.680] That's the part of the brain that helps us wake conflicting ideas and regulate our emotions. [01:31:15.680 --> 01:31:20.680] So take a deep breath and chill out. It'll help keep your mind as sharp as a tack. [01:31:20.680 --> 01:31:26.680] I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine. [01:31:26.680 --> 01:31:36.680] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th. [01:31:36.680 --> 01:31:43.680] The government says that fire brought it down. However, 1500 architects and engineers concluded it was a controlled demolition. [01:31:43.680 --> 01:31:46.680] Over 6,000 of my fellow service members have given their lives. [01:31:46.680 --> 01:31:48.680] Thousands of my fellow first responders are dying. [01:31:48.680 --> 01:31:50.680] I'm not a conspiracy theorist. [01:31:50.680 --> 01:31:51.680] I'm a structural engineer. [01:31:51.680 --> 01:31:52.680] I'm a New York City correctional. [01:31:52.680 --> 01:31:53.680] I'm an Air Force pilot. [01:31:53.680 --> 01:31:55.680] I'm a father who lost his son. [01:31:55.680 --> 01:31:57.680] We're Americans and we deserve the truth. [01:31:57.680 --> 01:32:00.680] Go to RememberBuilding7.org today. 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[01:32:38.680 --> 01:32:40.680] You'll be amazed. You can be your own doctor. [01:32:40.680 --> 01:32:43.680] I want to keep you out of the hospital and off pharmaceuticals. [01:32:43.680 --> 01:32:46.680] Wow. Why are you so nice to me? [01:32:46.680 --> 01:32:49.680] Because I'm you. You're out of shape and I need a better looking future. [01:32:49.680 --> 01:32:52.680] Call 888-910-4367. [01:32:52.680 --> 01:32:55.680] That's 888-910-4367. [01:32:55.680 --> 01:32:58.680] Or visit microplantpowder.com. [01:32:58.680 --> 01:33:00.680] Microplantpowder.com. [01:33:02.680 --> 01:33:04.680] You are listening to the Logos Radio Network. [01:33:04.680 --> 01:33:07.680] LogosRadioNetwork.com. [01:33:09.680 --> 01:33:12.680] Logos Radio Network. [01:33:12.680 --> 01:33:15.680] [Music] [01:33:17.680 --> 01:33:20.680] [Music] [01:33:20.680 --> 01:33:23.680] [Music] [01:33:47.680 --> 01:33:50.680] Hey, we are back. Randy Kelton, Debra Stevens, Roovide Radio. [01:33:50.680 --> 01:33:55.680] And I know I may sound like I'm being a bit pedantic here. [01:33:55.680 --> 01:34:09.680] But of all of the things to understand about the foreclosure issue and primarily law in general, is the devil's in the details. [01:34:09.680 --> 01:34:17.680] Lawyers tend to think that the practice of law is some kind of an art form. [01:34:17.680 --> 01:34:21.680] It's no such thing. It's an engineering project. [01:34:21.680 --> 01:34:26.680] The codes are very specific and they're very finite. [01:34:26.680 --> 01:34:34.680] There are only a very specific number of elements to any case. [01:34:34.680 --> 01:34:43.680] And if we're to get a case well structured, we need to look at it as an engineering project. [01:34:43.680 --> 01:34:46.680] You know, I'm trained as an engineer. [01:34:46.680 --> 01:34:53.680] And when I design something, I design it based on a set of physical principles. [01:34:53.680 --> 01:35:03.680] And in looking at those physical principles, I can pretty well tell you what each one of them is. [01:35:03.680 --> 01:35:21.680] Or if I acted based on a high level of abstraction, I can back up, back down the levels of abstraction and show you how each level leads directly from the one before it. [01:35:21.680 --> 01:35:26.680] This is not art. This is just connecting the dots. [01:35:26.680 --> 01:35:31.680] In engineering, it starts with one plus one is two. [01:35:31.680 --> 01:35:37.680] Everything I do, I can trace back to one plus one is two. [01:35:37.680 --> 01:35:46.680] If I can't, then I have a spot in there where something's missing and I'm going to get anomalous outcomes. [01:35:46.680 --> 01:35:51.680] So I have to have all the dots in place. That's what law is really about. [01:35:51.680 --> 01:35:58.680] And the whole point here is, is we need to start at the beginning. [01:35:58.680 --> 01:36:03.680] If you go to freemortgageshelp.com, I apologize for the condition of the site. [01:36:03.680 --> 01:36:08.680] I don't have time to do all the work I need to on it. But most everything is in there. [01:36:08.680 --> 01:36:16.680] And on the first page, we start with a set of letters that we want to send to the lenders. [01:36:16.680 --> 01:36:23.680] First thing we want to do is start generating claims. [01:36:23.680 --> 01:36:31.680] And then we want to start at the beginning and not skip over anything. [01:36:31.680 --> 01:36:41.680] So what is the first thing you should do if you think there's a problem with your mortgage? [01:36:41.680 --> 01:36:48.680] What is the first thing you should do if you've been charged with a crime? [01:36:48.680 --> 01:36:59.680] Read the code. Read what you're charged with. If there's a problem with your mortgage, go to the county registrar's office. [01:36:59.680 --> 01:37:06.680] Pull every document that's in there. Then look at those documents. [01:37:06.680 --> 01:37:11.680] The reference I made to Washington Mutual. [01:37:11.680 --> 01:37:20.680] Okay, it's well established that all the assets of Washington Mutual were transferred to JPMorgan Chase. [01:37:20.680 --> 01:37:28.680] So what? And we do this on the air sometimes with somebody will bring up an issue and we'll say, so what? [01:37:28.680 --> 01:37:43.680] So what that means is what cause of action does that go to or more specifically, how have you been harmed? [01:37:43.680 --> 01:37:58.680] So when we say that JPMorgan Chase received all of the assets of Washington Mutual, how is that relevant to our case? [01:37:58.680 --> 01:38:06.680] And see what we want to do is assume, okay, JPMorgan Chase got all the assets of Washington Mutual. [01:38:06.680 --> 01:38:10.680] Therefore, JPMorgan Chase now is the holder. [01:38:10.680 --> 01:38:14.680] No, no, no, that ain't how it works. [01:38:14.680 --> 01:38:23.680] You're not a bona fide holder unless you're a holder by the public record. [01:38:23.680 --> 01:38:41.680] 13.001 Texas Property Code, it has to be reflected in every state in the country who has a requirement to file claims against property with the county recorder. [01:38:41.680 --> 01:38:52.680] In order for that, for the documents in the county recorder's office to have any purpose of validity, they must have this requirement. [01:38:52.680 --> 01:39:19.680] Any document not properly acknowledged or proven and filed in the public record, I'm sorry, any claim against real property, not properly acknowledged or proven and proven means the signature of two witnesses and filed in the public record is void as to the holder. [01:39:19.680 --> 01:39:34.680] So you got JPMorgan Chase comes to the court and says, well, Judge, everybody knows we received all of the assets of the Washington Mutual Bank and the judge is going to say, so what? [01:39:34.680 --> 01:39:37.680] Or he should say, so what? [01:39:37.680 --> 01:39:41.680] What does that have to do with anything? [01:39:41.680 --> 01:39:53.680] The only thing the judge can see as concerns of claim against real property is what has been filed in the public record. [01:39:53.680 --> 01:40:07.680] If we did not have 13.001 property code, there would be no reason to file anything in the public record and the county recorder's office would be worthless. [01:40:07.680 --> 01:40:12.680] So every state's going to have it and that's the first one we need to look at. [01:40:12.680 --> 01:40:21.680] Who is coming making the claim and how do you hold that claim by the public record? [01:40:21.680 --> 01:40:28.680] Now, what you look at, if you go look at county records, it appears more complex than it is. [01:40:28.680 --> 01:40:31.680] You're generally going to find four documents in there. [01:40:31.680 --> 01:40:35.680] If you have not been foreclosed on, you're going to find three. [01:40:35.680 --> 01:40:38.680] Three that you really care about. You've got to find a warranty deed. [01:40:38.680 --> 01:40:51.680] And when I go to the record, you always want a warranty deed because if you're going to make a claim, you have to show how you have standing to make the claim and the warranty deed gives you standing to make a claim. [01:40:51.680 --> 01:40:58.680] Okay, then you look for a deed of trust in a non-judicial state, a mortgage in a judicial state. [01:40:58.680 --> 01:41:02.680] That is the security instrument. [01:41:02.680 --> 01:41:08.680] That's the instrument that grants a claim against real property. [01:41:08.680 --> 01:41:15.680] Then you'll look for an assignment of the security instrument to a third party. [01:41:15.680 --> 01:41:19.680] Then you'll look for an appointment of substitute trustee. [01:41:19.680 --> 01:41:24.680] And if there's been a foreclosure, you look for a substitute trustees deed. [01:41:24.680 --> 01:41:29.680] When you, the first thing you look for, obviously, is the deed of trust. [01:41:29.680 --> 01:41:36.680] When you look at the deed of trust, you look, you see, go down and see if Mergers is in the mix. [01:41:36.680 --> 01:41:41.680] And then who is the original lender? [01:41:41.680 --> 01:41:56.680] When you find the original lenders name, the first thing you want to do is check the Internet to see if there is any indication as to whether or not the original lender is still in business. [01:41:56.680 --> 01:42:04.680] 90% of the time, if the note is over seven or eight years old, they will not be. [01:42:04.680 --> 01:42:08.680] These mortgage companies were going out of business left and right. [01:42:08.680 --> 01:42:11.680] That's a whole different story. It was a tax dodge. [01:42:11.680 --> 01:42:16.680] The banks set up to mortgage companies so they could write all these mortgage mortgages, [01:42:16.680 --> 01:42:24.680] sell them to the banks at a loss so that the mortgage company could bankrupt and write off all the profits of these notes. [01:42:24.680 --> 01:42:28.680] But that's a different issue because they did that. [01:42:28.680 --> 01:42:33.680] The mortgage companies keep going out of business. For this purpose, that's great. [01:42:33.680 --> 01:42:39.680] This is to our benefit. You look to see if mortgage companies out of business. [01:42:39.680 --> 01:42:43.680] Then you look to see if there's an assignment of the security instrument. [01:42:43.680 --> 01:42:54.680] If the assignment of the security instrument occurred after the lender went out of business, they got a problem. [01:42:54.680 --> 01:43:09.680] Under Texas law, a person is defined as a corporation, association or other legal fiction. [01:43:09.680 --> 01:43:16.680] In some places, that's in the penal code, in some places a natural person is also included. [01:43:16.680 --> 01:43:24.680] But it's a legal entity is considered a person under law because they have certain rights. [01:43:24.680 --> 01:43:34.680] Well, in this case, the person may have had MERS as an agent, but then the person died. [01:43:34.680 --> 01:43:42.680] So the question becomes, how did the dead person order his agent to do this transfer? [01:43:42.680 --> 01:43:50.680] And how did the transfer occur where the dead person was paid for the property? [01:43:50.680 --> 01:43:55.680] Hang on. Randy Calvert, Debra Stevens, Rue La Radio. We'll be right back. [01:43:55.680 --> 01:43:59.680] [Music] [01:43:59.680 --> 01:44:03.680] Do you feel tired when talking about important topics like money and politics? [01:44:03.680 --> 01:44:07.680] Are you confused by words like the Constitution or the Federal Reserve? 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[01:45:27.680 --> 01:45:33.680] Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience. [01:45:33.680 --> 01:45:42.680] Even if you're not in a lawsuit, you can learn what everyone should understand about the principles and practices that control our American courts. [01:45:42.680 --> 01:45:51.680] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, pro se tactics, and much more. [01:45:51.680 --> 01:46:00.680] Please visit ruleoflawradio.com and click on the banner or call toll-free 866-LAW-EASY. [01:46:01.680 --> 01:46:08.680] [music] [01:46:08.680 --> 01:46:16.680] Hello. Oh man, get down. You got something on? Oh man, I'm broken. [01:46:16.680 --> 01:46:35.680] Okay, we are back. Randy Kelton, David Stevens, Rule of Law Radio. [01:46:35.680 --> 01:46:40.680] And first thing you look for to see if the guy's dead. [01:46:40.680 --> 01:46:53.680] The vast majority of the problems I find in the public record is an agent acting as an agent for a dead guy. [01:46:53.680 --> 01:47:05.680] An agent, primarily MERS, acting as nominee for the lender and lender's successors and assigns. [01:47:05.680 --> 01:47:21.680] Well, that sounds good. But the problem is if the lender dies without appointing a successor, then MERS doesn't have anybody to represent. [01:47:21.680 --> 01:47:28.680] This is the first thing you look for. And you'd be amazed how often you find it. [01:47:28.680 --> 01:47:36.680] The next thing you look for is did MERS do the assignment for somebody else? [01:47:36.680 --> 01:47:40.680] For a third party, to a third, to a fourth party. [01:47:40.680 --> 01:47:53.680] I find this all the time where the note has been passed around and the security instrument is supposed to follow the note. [01:47:53.680 --> 01:47:58.680] Some of them filed a transfer of the security instrument. Some of them didn't. [01:47:58.680 --> 01:48:14.680] So you jump from Washington Mutual to JPMorgan Chase to Deutsche Bank and Washington Mutual never assigned anything to JPMorgan Chase. [01:48:14.680 --> 01:48:22.680] Or you'll have all kinds of names occurring in here and you can't go back and look at the record and say, [01:48:22.680 --> 01:48:29.680] this is how the claim got from this person to this person to this person. [01:48:29.680 --> 01:48:42.680] You cannot see an uninterrupted chain of title. If you can't see an uninterrupted chain of title, it's like an engineer connecting the dots. [01:48:42.680 --> 01:48:52.680] You know, I get people calling on the show with all kinds of patriot mythology ideas. [01:48:52.680 --> 01:49:00.680] And primarily I go after them about connecting the dots. They'll say this is so and this is so and this is so and therefore this is so. [01:49:00.680 --> 01:49:04.680] And I go to the second one and I say, wait a minute, I don't know that this is so. [01:49:04.680 --> 01:49:10.680] And if we can't attach these two together, you know, everything behind it falls apart. [01:49:10.680 --> 01:49:18.680] And I get a lot of frustration from these guys and they go away. That's because I'm an engineer and I have to connect all the pieces together. [01:49:18.680 --> 01:49:30.680] When you look at the public records, be an engineer. Make sure every dot connects. Primarily be extremely careful. [01:49:30.680 --> 01:49:45.680] Presume. Do not presume anything. When you go look at the public record, you don't know anything about J.P. Morgan taking over the assets of Washington Mutual. [01:49:45.680 --> 01:49:53.680] You don't know anything about that. You don't know anything about Wachovia being swallowed by Wells Fargo. [01:49:53.680 --> 01:49:58.680] Even if you know something about it, set it aside. Doesn't matter what you think, you know. [01:49:58.680 --> 01:50:05.680] It only matters what you can see from the court record. [01:50:05.680 --> 01:50:13.680] Because you have a right to trust and depend on what you see in the public record. [01:50:13.680 --> 01:50:22.680] And everybody who has anything to do with this property knows what is in that court record. [01:50:22.680 --> 01:50:29.680] Now, they may not actually know it, but according to law, they have imputed knowledge. [01:50:29.680 --> 01:50:40.680] This really gets fun when you start suing lawyers because the lawyer can't come to the court and say, your honor, I'm here representing J.P. Morgan Chase. [01:50:40.680 --> 01:50:45.680] And J.P. Morgan Chase is a holder of this security instrument. [01:50:45.680 --> 01:51:01.680] And like I did in Collin County, and I said, hold on, your honor, I don't find anything in the record appointing J.P. Morgan Chase as a holder of this security instrument. [01:51:01.680 --> 01:51:09.680] Well, your honor, the judge, the lawyer said, well, your honor, everybody knows that J.P. Morgan Chase took over all the assets of Washington Mutual. [01:51:09.680 --> 01:51:17.680] Your honor, I don't know that. Well, it was all over the news. I never pay attention to the news. [01:51:17.680 --> 01:51:25.680] And the judge ruled against me. This is a J.P. judge. They rule against you no matter what. [01:51:25.680 --> 01:51:31.680] But the lawyer was in a spot and he knew he was in a spot. [01:51:31.680 --> 01:51:40.680] If he didn't have a corrupt judge, he'd have got thrown out of court because there was an empty space and he could not fill it up. [01:51:40.680 --> 01:51:49.680] So when you look at the records, look at the transfer of the security instrument, who did the transfer to who? [01:51:49.680 --> 01:51:54.680] And then an appointment of substitute trustee. [01:51:54.680 --> 01:52:09.680] Who appointed the substitute trustee? Was the substitute trustee appointed by someone who had a faulty transfer assignment of the security instrument? [01:52:09.680 --> 01:52:14.680] The first flaw you find, everything behind that fails. [01:52:14.680 --> 01:52:21.680] And this makes it relatively easy for you to put the banks on the dime. [01:52:21.680 --> 01:52:32.680] Because if you can find a flaw, especially that first one where the original lenders out of business. [01:52:32.680 --> 01:52:42.680] If the original lender goes out of business without transferring the security instrument, that is a flaw that the lender cannot fix. [01:52:42.680 --> 01:52:44.680] That bell's been rung. [01:52:44.680 --> 01:52:54.680] The only way they can fix this is to make you a deal to make you happy and get you to go away and not pursue them in court. [01:52:54.680 --> 01:52:59.680] Okay, we're going to run out of time, but there's one more thing about that. [01:52:59.680 --> 01:53:05.680] You know, I mentioned earlier that the courts are corrupt and they're going to rule against you out of hand. [01:53:05.680 --> 01:53:09.680] And that's not necessarily a major problem. [01:53:09.680 --> 01:53:22.680] It's an annoyance, but it's really not such a big problem because in the end, it's all about the money and it's all about the politics. [01:53:22.680 --> 01:53:26.680] For the banks, it's all about the money. [01:53:26.680 --> 01:53:35.680] So, you know, if you had a guy call me once because they had done some of this filing liens against public officials. [01:53:35.680 --> 01:53:44.680] They filed $7 trillion worth of liens against the JP over a traffic ticket and the U.S. Attorney was coming after me. [01:53:44.680 --> 01:53:46.680] I asked him, what were you thinking? [01:53:46.680 --> 01:53:48.680] But they said, what do you think? [01:53:48.680 --> 01:53:49.680] I said, oh, you'll win. [01:53:49.680 --> 01:53:50.680] Oh, we will? [01:53:50.680 --> 01:53:52.680] Oh, yeah, you'll win. [01:53:52.680 --> 01:53:56.680] You may beat the time, but you won't beat the ride. [01:53:56.680 --> 01:54:03.680] By the time the U.S. Attorney gets done with you, you lose your family, you lose your house, you lose everything you own. [01:54:03.680 --> 01:54:09.680] He will destroy you and then dismiss the case. [01:54:09.680 --> 01:54:13.680] Well, in this case, we turn it around on the banks. [01:54:13.680 --> 01:54:17.680] We'll cost the banks an ungodly fortune. [01:54:17.680 --> 01:54:23.680] And if we start suing their lawyers, their lawyers are really going to go bananas on them. [01:54:23.680 --> 01:54:33.680] Then we use a suit against the banks to gain leverage to make a deal with the banks to get the whole problem to go away. [01:54:33.680 --> 01:54:41.680] If you think you can take on these large banks and beat them. [01:54:41.680 --> 01:54:54.680] Maybe if you're one in 10,000, I know we every time somebody beats the banks, it makes major news. [01:54:54.680 --> 01:55:05.680] It's kind of similar to the fact that every time there is a fatality in an aircraft, airplane crash, it makes the news. [01:55:05.680 --> 01:55:19.680] But when there are 100 auto accident fatalities a week or a month, nobody even pays attention anymore because it happens so often. [01:55:19.680 --> 01:55:23.680] Do not expect to win in the end. [01:55:23.680 --> 01:55:27.680] But you can make it difficult enough for them. [01:55:27.680 --> 01:55:30.680] So it's easy for them to make a deal. [01:55:30.680 --> 01:55:36.680] And the first place to start is not with securitization of the note. [01:55:36.680 --> 01:55:40.680] And Joe Esquivel does securitization and he's the best I've ever seen. [01:55:40.680 --> 01:55:44.680] But I don't always suggest that on the front end. [01:55:44.680 --> 01:55:47.680] That's not the first place you go. [01:55:47.680 --> 01:55:49.680] The first place you go is the county record. [01:55:49.680 --> 01:55:52.680] Look at the documents that's been filed in there. [01:55:52.680 --> 01:56:03.680] These are much easier to take on because if you have not been to foreclosure yet, you can file a quiet title action. [01:56:03.680 --> 01:56:18.680] And if you say you have a transfer of the assignment of the security instrument by MERS acting on behalf of the original lender after the original lender went out of business. [01:56:18.680 --> 01:56:21.680] That's pretty straightforward. [01:56:21.680 --> 01:56:24.680] You file a quiet title on that. [01:56:24.680 --> 01:56:33.680] And now the bank is looking at if I lose this, then my claim against the property goes away. [01:56:33.680 --> 01:56:39.680] And it can't be fixed because the original lender is gone, dead. [01:56:39.680 --> 01:56:47.680] They can't come back and file the correct documentation because there's nobody to file it. [01:56:47.680 --> 01:56:59.680] So, you frame a good case and I'm leaning towards suggesting to people that you don't sue them first. [01:56:59.680 --> 01:57:06.680] That you go to them and say, here are the problems I find. [01:57:06.680 --> 01:57:11.680] You might consider preparing a tort letter, a notice of tort. [01:57:11.680 --> 01:57:14.680] And file that with them. [01:57:14.680 --> 01:57:22.680] And say, before you say this, you have this problem, this problem, this problem, this problem. [01:57:22.680 --> 01:57:27.680] I'm going to sue you and we're going to stay in court till we both get old. [01:57:27.680 --> 01:57:31.680] Or let's make a deal. [01:57:31.680 --> 01:57:33.680] Make me a deal that I can't pass up. [01:57:33.680 --> 01:57:38.680] The Obama administration requires you to offer me a modification. [01:57:38.680 --> 01:57:45.680] I want you to offer me a modification and give me a real modification. [01:57:45.680 --> 01:57:50.680] None of this song and dance and salsa down your pants stuff you do to most everybody. [01:57:50.680 --> 01:57:56.680] If you give me a modification that I can't pass up. [01:57:56.680 --> 01:58:01.680] We had one client that cut his, they said he owed him $400,000 in past payments. [01:58:01.680 --> 01:58:03.680] They dropped all of that. [01:58:03.680 --> 01:58:10.680] Cut his principal in half and knocked off another $50,000 or $60,000. [01:58:10.680 --> 01:58:14.680] Because he hammered them, they got tired of fighting them. [01:58:14.680 --> 01:58:16.680] You can win these things. [01:58:16.680 --> 01:58:21.680] Maybe not the whole enchilada, but you can win. [01:58:21.680 --> 01:58:23.680] Thank you all for listening. [01:58:23.680 --> 01:58:28.680] We'll be back tomorrow night with our four hour info marathon. [01:58:28.680 --> 01:58:31.680] We'll start out with foreclosure. [01:58:31.680 --> 01:58:34.680] I'm hoping to have a couple of really good callers. [01:58:34.680 --> 01:58:39.680] I may have a lawyer on the line who has some really interesting comments. [01:58:39.680 --> 01:58:42.680] So come listen tomorrow night. [01:58:42.680 --> 01:58:45.680] Thank you all for listening and good night. [01:58:45.680 --> 01:58:50.680] [Music] [01:58:50.680 --> 01:58:57.680] Bibles for America is offering absolutely free a unique study Bible called the New Testament Recovery Version. [01:58:57.680 --> 01:59:04.680] The New Testament Recovery Version has over 9,000 footnotes that explain what the Bible says verse by verse, [01:59:04.680 --> 01:59:08.680] helping you to know God and to know the meaning of life. [01:59:08.680 --> 01:59:11.680] Order your free copy today from Bibles for America. [01:59:11.680 --> 01:59:20.680] Call us toll free at 888-551-0102 or visit us online at bfa.org. [01:59:20.680 --> 01:59:25.680] This translation is highly accurate and it comes with over 13,000 cross references, [01:59:25.680 --> 01:59:29.680] plus charts and maps and an outline for every book of the Bible. [01:59:29.680 --> 01:59:32.680] This is truly a Bible you can understand. [01:59:32.680 --> 01:59:40.680] To get your free copy of the New Testament Recovery Version, call us toll free at 888-551-0102. [01:59:40.680 --> 01:59:49.680] That's 888-551-0102 or visit us online at bfa.org. [01:59:49.680 --> 01:59:59.680] [Music]