[00:00.000 --> 00:05.840] The following newsflash is brought to you by the Lone Star Lowdown, providing the daily [00:05.840 --> 00:08.360] bulletins for the commodities market. [00:08.360 --> 00:21.320] Today in history, news updates and the inside scoop into the tides of the alternative. [00:21.320 --> 00:27.760] Markets for the 4th of November, 2015, opened up with a gold at $1,107.90 an ounce, silver [00:27.760 --> 00:35.640] at $15.11 an ounce, Texas crude $47.90 a barrel, and Bitcoin is up $100 from the 1st of November, [00:35.640 --> 00:44.720] currently sitting at about $471 U.S. currency. [00:44.720 --> 00:50.720] Today in history, Tuesday, November 4th, 1862, Dr. Richard Gatling patents the Gatling machine [00:50.720 --> 00:52.120] gun in Indianapolis. [00:52.120 --> 00:55.920] Gatling wrote that he created it to reduce the size of armies and so reduce the number [00:55.920 --> 01:00.640] of deaths by combat and disease and to show how futile war is. [01:00.640 --> 01:04.880] Richard's Gatling gun was first used in battle by the Union forces against the Confederates [01:04.880 --> 01:10.360] during the American Civil War. [01:10.360 --> 01:15.400] In recent news, North Carolina Supreme Court State Judge Arnold Jones II was arrested today [01:15.400 --> 01:20.400] on charges that he tried to bribe an FBI officer to gather text messages between two phone [01:20.400 --> 01:22.640] numbers for a personal family matter. [01:22.640 --> 01:26.120] The bribe included cash, money, and a couple cases of beer. [01:26.120 --> 01:35.520] He is facing a maximum of 37 years in federal prison if convicted on all charges. [01:35.520 --> 01:39.200] A government watchdog group for Reconstruction in Afghanistan announced Monday of this week [01:39.200 --> 01:44.960] that U.S. taxpayers got the tab for a $43 million natural gas filling station in Afghanistan, [01:44.960 --> 01:47.480] which should have only cost around $500,000. [01:47.480 --> 01:51.200] That insult to injury, the multi-million dollar gas station has virtually no value to the [01:51.200 --> 01:52.200] average Afghan. [01:52.200 --> 01:56.680] A Pentagon task force apparently awarded a $3 million contract to build the station in [01:56.680 --> 02:01.360] Shevardgan, Afghanistan, but ended up spending $12 million in construction costs and a whopping [02:01.360 --> 02:06.200] $30 million in overhead costs alone between 2011 and 2014. [02:06.200 --> 02:10.240] Similar gas stations built in neighboring Pakistan cost a fraction of that, roughly [02:10.240 --> 02:16.640] only $500,000 on average. [02:16.640 --> 02:20.640] A U.S. infrared satellite detected a mid-air heat flash over the Sinai Peninsula at the [02:20.640 --> 02:25.440] same time the Russian Metrojet Flight 9268 crashed in the area this weekend. [02:25.440 --> 02:28.920] U.S. intelligence analysis believed that the heat flash could have been from an explosion [02:28.920 --> 02:33.440] inside the aircraft, most likely caused from a fuel tank eruption or a bomb. [02:33.440 --> 02:37.520] Egyptian forensic experts have also reported that the burns and other injuries on the victims [02:37.520 --> 02:41.000] indicated the mid-air explosion might have taken place within the plane itself. [02:41.000 --> 02:44.560] And even though the insurgents affiliated with the Islamic State claimed responsibility [02:44.560 --> 02:48.200] for the incident, the aircraft's tail, which fell to the ground miles from the rest of [02:48.200 --> 02:52.200] the jet, did strike a runway during a landing in Cairo in 2001. [03:18.800 --> 03:26.800] Tell me, whatcha gonna do, whatcha gonna do? [03:26.800 --> 03:32.200] Bad boys, bad boys, whatcha gonna do, whatcha gonna do when they come for you? [03:32.200 --> 03:38.000] Bad boys, bad boys, whatcha gonna do, whatcha gonna do when they come for you? [03:38.000 --> 03:43.400] When you were eight and you had bad traits, you'd go to school and learn the golden rules. [03:43.400 --> 03:48.800] So why are you acting like a bloody fool? [03:48.800 --> 03:54.200] Bad boys, bad boys, whatcha gonna do, whatcha gonna do when they come for you? [03:54.200 --> 03:59.800] Bad boys, bad boys, whatcha gonna do, whatcha gonna do when they come for you? [03:59.800 --> 04:02.600] You took it on that one, you took it on this one. [04:02.600 --> 04:17.600] Okay, howdy, howdy, this is Randy Kelton, Deborah Stevens, Root of Law Radio, on this Thursday, the fifth day of November 2015. [04:17.600 --> 04:22.800] And we have the call boards up, gonna keep them up all night. [04:22.800 --> 04:29.600] Actually, I'm so anxious to have calls, I've got my call board up twice. [04:29.600 --> 04:34.000] So Deborah, does that mean I can take twice as many calls? [04:34.000 --> 04:35.400] I guess not. [04:35.400 --> 04:47.200] Okay, call board's gonna be open all night, but I'm gonna start talking about what I consider to be another conspiracy. [04:47.200 --> 05:00.000] You know, for quite a while I've said that it was my belief that the legislature passed the Consumer Protection Laws, [05:00.000 --> 05:11.000] the Real Estate Settlement Procedures Act, Fair Debt Collections Practices Act, and Truthful Inning Act, as song and dance themselves are down your pants. [05:11.000 --> 05:23.600] They pretended to give us all of these consumer protections and created a remedy for us. [05:23.600 --> 05:34.200] But they set the statute of limitations to exercise those remedies so short that at least in the case of real estate mortgage transactions, [05:34.200 --> 05:45.800] the Consumer Protection Laws are almost worthless, that they did a song and dance in front of us waving their arms [05:45.800 --> 05:57.200] and telling us what a great thing they were doing for us while they were crafting a remedy for their financial backers, the banksters, [05:57.200 --> 06:00.800] that would lead us down the wrong path. [06:00.800 --> 06:04.400] I've been researching uniform commercial code. [06:04.400 --> 06:11.200] We've had a lot of people talk about UCC and common law and these common law remedies. [06:11.200 --> 06:18.000] And if you listen to my show very much, you'll know that when people start talking about common law, I start to tell them, [06:18.000 --> 06:24.400] okay, but I am a creature of statute. [06:24.400 --> 06:27.200] I don't know what the common law is. [06:27.200 --> 06:31.400] They want to show me what it is and nobody's been able to show it to me. [06:31.400 --> 06:38.000] They say, well, that's the old English law that was just common knowledge. [06:38.000 --> 06:44.400] And I said, no, it's not just common knowledge. [06:44.400 --> 06:46.800] It's ruled by judges. [06:46.800 --> 06:49.000] That's what common law is. [06:49.000 --> 06:56.600] I did a presentment to the Republic of Texas several years ago and they were talking about common law. [06:56.600 --> 06:58.200] They were wanting to bring them back to common law. [06:58.200 --> 07:01.400] And I asked them, okay, guys, where can I find the common law? [07:01.400 --> 07:03.400] Well, it's not written down. [07:03.400 --> 07:04.000] What is it? [07:04.000 --> 07:06.400] Just something somebody makes up? [07:06.400 --> 07:14.000] I said, well, in the common law, the judges ruled on what was right and fair. [07:14.000 --> 07:17.600] Give me a break. [07:17.600 --> 07:26.400] You've got judges now that won't follow the statute and do whatever the heck they want to and they rule for whoever pays them the most. [07:26.400 --> 07:35.200] And you want to get rid of the statutes that we have to hold them to and go back to common law so they can do anything they want to. [07:35.200 --> 07:38.600] Well, this has always been my argument about it. [07:38.600 --> 07:44.000] And the common law seemed to always closely connected to the UCC. [07:44.000 --> 07:48.800] And I had a number of people tell me I should read the UCC. [07:48.800 --> 07:53.000] Well, so 900 pages is what the UCC is. [07:53.000 --> 07:54.800] I'm sorry, not 900 pages. [07:54.800 --> 08:01.400] I downloaded the Texas Business Commerce Code. [08:01.400 --> 08:02.600] It was 900 pages. [08:02.600 --> 08:06.600] It turned out only 500 pages of that was UCC. [08:06.600 --> 08:09.600] The 500 pages is enough. [08:09.600 --> 08:11.400] That's a lot. [08:11.400 --> 08:23.800] So I did start researching it because I had someone else who brought me a plea thing that wasn't well done. [08:23.800 --> 08:34.800] But it went to the singular position that this is my property. [08:34.800 --> 08:37.600] It belongs to me. [08:37.600 --> 08:43.600] Someone else is making a claim against my property. [08:43.600 --> 08:46.200] Prove up your claim against my property. [08:46.200 --> 08:47.800] He didn't talk about bifurcation. [08:47.800 --> 08:51.600] He didn't talk about, show me the note, any of that. [08:51.600 --> 08:58.000] Prove up your claim against my property because you're trying to take my property away from me. [08:58.000 --> 09:05.600] And that seemed like a much cleaner issue, way to go about this. [09:05.600 --> 09:13.400] I know we've had Dr. Beath on the show and he talked about property rights, how it's the most basic of rights. [09:13.400 --> 09:18.200] And in the Constitution and laws, yeah, it is. [09:18.200 --> 09:19.800] It's the most basic of rights. [09:19.800 --> 09:21.200] It's the right to property. [09:21.200 --> 09:26.400] So I began to look into it. [09:26.400 --> 09:33.800] And what I found was more than a little bit annoying. [09:33.800 --> 09:49.600] What I found in the UCC was everything that I find in Hope at Healer Respondent and all these consumer protection laws. [09:49.600 --> 09:51.400] Everything is in the UCC. [09:51.400 --> 10:04.800] Everything that's in there, every right the legislature pretended to grant us in the consumer protection laws, it's all in the UCC. [10:04.800 --> 10:10.200] Big difference between the UCC and the consumer protection laws. [10:10.200 --> 10:18.400] You're not shackled with the set of limitations the way you are with the consumer protection laws. [10:18.400 --> 10:26.200] I'm beginning to think that what's really going on here is they're playing by a rabbit. [10:26.200 --> 10:36.600] They passed these consumer protection laws because they're federal and they have the federal judges bought and paid for. [10:36.600 --> 10:42.200] And the statutory limitations, they got set so short we can't use them. [10:42.200 --> 10:50.000] And they're doing all of this to keep us from looking in the Uniform Commercial Code [10:50.000 --> 10:59.400] because the Uniform Commercial Code holds their feet to the fire in a way that the consumer protection laws do not. [10:59.400 --> 11:02.400] It's a conspiracy, I tell you. [11:02.400 --> 11:04.800] I think they set us up. [11:04.800 --> 11:12.000] They fed this to us just like they fed MERS to us, just like they fed the show me the note argument to us. [11:12.000 --> 11:15.400] Oh, please don't throw me in that bribe hatch. [11:15.400 --> 11:27.400] The last thing they want you to do is read the contract, then compare the contract to contract law. [11:27.400 --> 11:31.200] I'm suggesting anyone with a foreclosure or issue. [11:31.200 --> 11:38.800] Before you start going down these roads with these esoteric, all-encompassing arguments, [11:38.800 --> 11:43.200] MERS, bifurcation, show me the note. [11:43.200 --> 11:58.000] Before you go there, read your contract and then go read the first three sections of the Uniform Commercial Code. [11:58.000 --> 12:00.400] All right, section one, two, and three. [12:00.400 --> 12:05.200] They will give you most of what you need in those sections. [12:05.200 --> 12:09.000] There are some things that refer to some of the others, but for the most part, [12:09.000 --> 12:16.000] most of the protections we find in the consumer protection laws, they're all right there. [12:16.000 --> 12:17.400] Right there in the code. [12:17.400 --> 12:24.800] Some of them you have to read the code carefully to get it, but it's clear, it's all in there. [12:24.800 --> 12:27.400] Recision is in there. [12:27.400 --> 12:34.600] The right to challenge the assignment is right there in the Uniform Commercial Code. [12:34.600 --> 12:43.400] And when there's a change of beneficial interest, then the Uniform Commercial Code [12:43.400 --> 12:55.000] specifically states that the lender and all other parties have standing to challenge [12:55.000 --> 13:00.400] and assign a change in beneficial interest. [13:00.400 --> 13:06.600] The exact wording they use is peculiar to the UCC and I don't have it quite memorized yet, [13:06.600 --> 13:08.400] but they have special terms for it. [13:08.400 --> 13:11.800] They're really kind of cool terms. [13:11.800 --> 13:12.800] But it's all in there. [13:12.800 --> 13:16.400] This whole thing is, prove up your position. [13:16.400 --> 13:20.200] It's right there in the Uniform Commercial Code. [13:20.200 --> 13:23.200] And every state has a version of the Uniform Commercial Code. [13:23.200 --> 13:26.400] It's a contract law. [13:26.400 --> 13:35.000] And that's where you should go first because we're going before the court, asking the court [13:35.000 --> 13:46.100] to rule that in this particular case, based on this individual set of facts that are unique [13:46.100 --> 13:59.700] to this borrower and this lender, this lender violated this code of the UCC and breached [13:59.700 --> 14:01.400] this covenant of the contract. [14:01.400 --> 14:07.200] So he's only ruling on this one contract. [14:07.200 --> 14:12.200] He's not rendering a ruling that's going to change the world as he knows it. [14:12.200 --> 14:16.200] He's not rendering a ruling that's going to become very controversial and his name's going [14:16.200 --> 14:19.200] to get slug around all over. [14:19.200 --> 14:21.000] Judges don't like that. [14:21.000 --> 14:24.500] They like to be really conservative. [14:24.500 --> 14:30.300] And they like less complex issues. [14:30.300 --> 14:32.800] So we decode. [14:32.800 --> 14:37.400] We have the consumer protection laws, but you know, your statute of limitations runs [14:37.400 --> 14:40.000] out and it looks like you can't use it. [14:40.000 --> 14:43.200] Oh, yeah, you can. [14:43.200 --> 14:49.600] Forget about the remedy that the legislature pretended to provide for us when they enacted [14:49.600 --> 14:51.900] the consumer protection laws. [14:51.900 --> 14:56.400] You can use the consumer protection law for something else. [14:56.400 --> 14:59.600] Use it as breach of contract. [14:59.600 --> 15:07.400] The Fannie Mae Fremont Uniform Instrument has a clause in it. [15:07.400 --> 15:17.000] It's generally clause 16, if it's an FHA loan, it may be 15 or 14, but there's always a severability [15:17.000 --> 15:20.000] and standing law clause. [15:20.000 --> 15:25.000] The severability says that if any part of this contract is found to be in violation [15:25.000 --> 15:30.600] of any law and that portion of the contract can be nullified without avoiding the whole [15:30.600 --> 15:38.400] contract, then all of the other provisions of the contract stand and are valid. [15:38.400 --> 15:47.800] The governing law section, both parties agree to abide by all law. [15:47.800 --> 15:56.400] So you use the consumer protection laws, but you don't claim the remedy that your legislatures, [15:56.400 --> 16:00.900] legislators pretended to make available to you. [16:00.900 --> 16:07.200] You claim your remedy under breach of contract, which has the effect of repudiation of the [16:07.200 --> 16:15.000] contract, which gives you ground under the UCC to rescind the contract. [16:15.000 --> 16:27.400] That's a lot more effective and less all-encompassing than all of these more complex arguments. [16:27.400 --> 16:28.400] That's my story. [16:28.400 --> 16:29.400] I'm sticking to it. [16:29.400 --> 16:34.200] We do have, we had two callers on the line, one dropped off, but if you call back this [16:34.200 --> 16:37.200] next segment, I'll start taking calls. [16:37.200 --> 16:43.000] We've got Rob in New Mexico, he's probably sitting somewhere in his truck, snuck, or [16:43.000 --> 16:47.200] some nasal fumes, so we need to hurry up and get to him before he loses it. [16:47.200 --> 17:00.800] Randy Kelton, Rue La Radio, I call you number 512-646-1984, we'll be right back. [17:00.800 --> 17:05.400] Through advances in technology, our lives have greatly improved, except in the area [17:05.400 --> 17:06.800] of nutrition. [17:06.800 --> 17:11.560] People feed their pets better than they feed themselves, and it's time we changed all that. [17:11.560 --> 17:17.160] The primary defense against aging and disease in this toxic environment is good nutrition. 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[18:39.560 --> 18:44.440] No longer will you compromise taste and quality for full-term shelf life or eat poor-quality [18:44.440 --> 18:45.800] food due to cost. [18:45.800 --> 18:50.360] Check out our FlexPay options and design a no-contract plan to satisfy your needs. [18:50.360 --> 18:56.160] Go to non-GMOsolutions.com today and get 10% off with promo code LOGOS. [18:56.160 --> 18:59.640] That's non-GMOsolutions.com with promo code LOGOS. [18:59.640 --> 19:08.320] You are listening to the Logos Radio Network, the LogosRadioNetwork.com. [19:08.320 --> 19:34.200] Look what we've got, we are the Christians, don't know what I don't have the answer. [19:34.200 --> 20:03.960] Okay, we are back, Randy Felton with Logos Radio, and our call-in number is 512-646-99. [20:03.960 --> 20:08.120] We're going to go to Rob in New Mexico. [20:08.120 --> 20:09.720] Hello, Rob. [20:09.720 --> 20:10.720] Hey, Randy. [20:10.720 --> 20:14.600] You mentioned something about reading a garbage pleading. [20:14.600 --> 20:17.480] Does that mean you got my email? [20:17.480 --> 20:20.400] Yeah, that must have been yours. [20:20.400 --> 20:24.040] Rob was really nice to me the other day. [20:24.040 --> 20:35.920] He called up and he warned me that Eddie Craig accused me of being a horse suppository. [20:35.920 --> 20:38.600] And he stuck up for me, and Rob stuck up for me. [20:38.600 --> 20:47.000] He assured Eddie that that was not true, that I more resembled the repository for the suppository. [20:47.000 --> 20:49.360] What a guy. [20:49.360 --> 20:52.160] So I owe you a couple of truck driver jokes. [20:52.160 --> 20:53.800] Okay. [20:53.800 --> 21:00.680] I did not read your document if I got it. [21:00.680 --> 21:08.120] I don't, I kind of remember an email from you, but had some really busy days and I haven't [21:08.120 --> 21:09.680] had time to go through it. [21:09.680 --> 21:16.680] Will you give us a brief on where you're at in the overall scheme of things and what the [21:16.680 --> 21:18.680] nature of the document is? [21:18.680 --> 21:24.680] Okay, let me try and go back briefly to the beginning. [21:24.680 --> 21:27.360] In November of 2011. [21:27.360 --> 21:28.360] Hold on, hold on. [21:28.360 --> 21:34.960] You have a horrible reverb in your mic. [21:34.960 --> 21:37.800] You want to move it away from your mouth a little bit? [21:37.800 --> 21:39.520] Is that better? [21:39.520 --> 21:42.000] Yeah, get your head out of the toilet. [21:42.000 --> 21:43.000] You won't get as much echo. [21:43.000 --> 21:48.000] Now I can't hear you, though. [21:48.000 --> 21:54.920] November 2011, I approached a real estate broker to try to purchase a house. [21:54.920 --> 22:00.440] He directed me to a couple of houses, one in particular that I did like. [22:00.440 --> 22:03.520] He recommended that I purchase it through a mortgage. [22:03.520 --> 22:08.320] I was unable to obtain a mortgage due to my bad credit, but in the process of trying to [22:08.320 --> 22:13.000] get that mortgage, I purchased an insurance policy. [22:13.000 --> 22:18.440] After I was unable to get the mortgage, the insurance policy expired. [22:18.440 --> 22:27.840] In May of 2012, the seller of the house entered into a real estate contract with me to purchase [22:27.840 --> 22:30.520] the house. [22:30.520 --> 22:35.400] One of the terms of the real estate contract was that insurance had to be in place. [22:35.400 --> 22:41.160] I was unable to get insurance prior to settlement due to my job work as an over the road truck [22:41.160 --> 22:47.080] driver, so I arranged with the seller to pay for the insurance, and the seller would purchase [22:47.080 --> 22:48.080] the insurance. [22:48.080 --> 22:54.720] I have a purchaser's settlement statement that evidences that I did pay for the insurance [22:54.720 --> 22:57.880] at settlement. [22:57.880 --> 23:03.760] In April of 2012, I received a letter from the escrow company informing me that the insurance [23:03.760 --> 23:11.800] policy was defective and announcing an adjustment to the insurance and tax escrow charges. [23:11.800 --> 23:17.920] On May 10th of 2012, I wrote back to the escrow company with a copy to the seller stating [23:17.920 --> 23:21.880] that the seller had made the insurance arrangements and they needed to talk to the seller about [23:21.880 --> 23:27.440] that and asking for an accounting for the changes in the escrow charges. [23:27.440 --> 23:30.440] I received no response to that letter. [23:30.440 --> 23:36.560] Two and a half years later, September of 2014, I received a letter from the escrow company [23:36.560 --> 23:40.880] stating that there was no insurance on the property and if I didn't fix that, they were [23:40.880 --> 23:49.600] going to quit as my escrow company and that I may lose the contract. [23:49.600 --> 23:58.960] I wrote back to them, referenced my May 2012 letter, and demanded validation of all charges [23:58.960 --> 24:02.080] and a full accounting of everything. [24:02.080 --> 24:12.680] They sent me a copy of the first page of the real estate contract and a payment history. [24:12.680 --> 24:15.000] Was it a complete payment history? [24:15.000 --> 24:22.720] The reason I ask that is a lot of times when we put in a debt validation letter, what we [24:22.720 --> 24:29.320] get back is a payment history from the current servicer and nothing more. [24:29.320 --> 24:35.400] Well, they're the only servicer up to that point, but all the payment history showed [24:35.400 --> 24:44.160] was what I had paid and what they had paid out to the seller and showed the interest [24:44.160 --> 24:45.640] charges. [24:45.640 --> 24:51.000] It did not show a full accounting of the tax and insurance escrow, which is what I was [24:51.000 --> 24:55.020] looking for because of the changes that they had made and the fact that they had just told [24:55.020 --> 24:58.480] me that there was no insurance. [24:58.480 --> 25:04.000] I wrote back to them again demanding to know what they had been doing with the insurance [25:04.000 --> 25:10.040] escrow that I had been paying if it wasn't going to an insurance policy and had they [25:10.040 --> 25:12.760] credited it to the principal? [25:12.760 --> 25:16.000] Was it accumulating interest somewhere? [25:16.000 --> 25:18.520] Were they just taking it and keeping it? [25:18.520 --> 25:21.680] What was going on? [25:21.680 --> 25:30.680] They sent me back a partial offer of rebate on it without any kind of accounting. [25:30.680 --> 25:36.000] I believe they offered me roughly one-third of the almost $3,000 that they were holding [25:36.000 --> 25:42.520] at that point, but no explanation of why they were offering that part back, why they were [25:42.520 --> 25:46.600] holding the rest of it, and what was to be done with it considering that there was no [25:46.600 --> 25:48.640] insurance policy. [25:48.640 --> 25:56.520] Meanwhile, I received a copy of a letter they had sent to the seller telling them that they [25:56.520 --> 26:03.000] were unable to use the insurance policy that the seller had provided because it did not [26:03.000 --> 26:07.920] name me as a party. [26:07.920 --> 26:14.120] Then I received a copy of a letter from the seller to the escrow company stating that [26:14.120 --> 26:23.560] they had been unable to put me on the policy, but that, what did they say, they were unable [26:23.560 --> 26:29.560] to put me on the policy and they demanded that I get insurance, but they didn't provide [26:29.560 --> 26:32.000] any information about the insurance policy. [26:32.000 --> 26:38.000] They never attempted to contact me to have me help them get me on the policy. [26:38.000 --> 26:39.000] Nothing. [26:39.000 --> 26:47.800] About a month after that, I received a letter from the escrow company's attorney who is [26:47.800 --> 26:57.600] an in-house attorney at the same address operating under a fake law firm name, and he demanded [26:57.600 --> 27:00.200] that I obtain insurance. [27:00.200 --> 27:10.920] So I sent him validation demand, and he sent me back a copy of the contract. [27:10.920 --> 27:15.480] Also I had previously in my letter to the escrow servicer demanding accounting, I had [27:15.480 --> 27:20.000] demanded that they produce the original instrument for my viewing and inspection. [27:20.000 --> 27:21.000] They ignored that. [27:21.000 --> 27:27.840] This went back and forth for a little while, and then finally in February of this year, [27:27.840 --> 27:34.960] I sent a notice of rescission to the escrow company, to their attorney, to the seller, [27:34.960 --> 27:45.560] and to the broker who is the son of the seller and co-owner of the real estate company. [27:45.560 --> 27:54.880] Nobody, the broker, the seller did not respond to my notice of rescission. [27:54.880 --> 28:00.960] The escrow company responded, telling me that rescission was not in my contract. [28:00.960 --> 28:07.640] I ceased making payments when I sent the notice of rescission. [28:07.640 --> 28:12.800] The escrow company notified me that they would no longer be servicing the account and that [28:12.800 --> 28:14.480] they were resigning. [28:14.480 --> 28:16.920] They did not name a successor. [28:16.920 --> 28:20.280] The seller never named a successor. [28:20.280 --> 28:28.560] In April, I received a letter from a new escrow company purporting to be the escrow servicer. [28:28.560 --> 28:33.240] I sent them a validation demand and a request for accounting and received no response from [28:33.240 --> 28:36.800] them whatsoever. [28:36.800 --> 28:42.320] About two months after that, I started getting letters from a new attorney demanding that [28:42.320 --> 28:43.800] I do this, that, and the other thing. [28:43.800 --> 28:46.520] I sent him validation demands. [28:46.520 --> 28:53.040] He responded without validation and continuing collection notices. [28:53.040 --> 29:00.040] That brings us up to Saturday when he had us served with a three-day notice to pay the [29:00.040 --> 29:08.400] full amount or quit and notifying us that the contract was now void. [29:08.400 --> 29:11.640] Good. [29:11.640 --> 29:16.720] You knew it was void because you rendered it void by rescission. [29:16.720 --> 29:18.400] Yeah. [29:18.400 --> 29:23.280] Seven days before he had us served with that notice, I had a notice of seller's default [29:23.280 --> 29:25.680] recorded in the county records. [29:25.680 --> 29:26.680] Wonderful. [29:26.680 --> 29:32.720] Do you hear the first part, me talking about UCC? [29:32.720 --> 29:34.720] Yes, sir. [29:34.720 --> 29:42.480] You really need to read the first three sections to the Uniform Commercial Code. [29:42.480 --> 29:46.280] You will be surprised what you find in there. [29:46.280 --> 29:53.520] Primarily, what you'll find in there is where the lawyer said it's time to go to break. 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[32:06.120 --> 32:09.920] In today's America, we live in an us-against-them society, and if we, the people, are ever going [32:09.920 --> 32:14.040] to have a free society, then we're going to have to stand and defend our own rights. [32:14.040 --> 32:17.080] Among those rights are the right to travel freely from place to place, the right to act [32:17.080 --> 32:21.120] in our own private capacity, and most importantly, the right to due process of law. [32:21.120 --> 32:25.360] The courts afford us the least expensive opportunity to learn how to enforce and preserve our rights [32:25.360 --> 32:26.360] through due process. [32:26.360 --> 32:30.300] Former Sheriff's Deputy Eddie Craig, in conjunction with Rule of Law Radio, has put together the [32:30.300 --> 32:34.080] most comprehensive teaching tool available that will help you understand what due process [32:34.080 --> 32:36.480] is and how to hold courts to the rule of law. [32:36.480 --> 32:40.480] You can get your own copy of this invaluable material by going to ruleoflawradio.com and [32:40.480 --> 32:41.800] ordering your copy today. [32:41.800 --> 32:45.000] By ordering now, you'll receive a copy of Eddie's book, The Texas Transportation Code, [32:45.000 --> 32:49.560] The Law Versus the Lie, video and audio of the original 2009 seminar, hundreds of research [32:49.560 --> 32:51.840] documents and other useful resource material. [32:51.840 --> 32:55.800] Learn how to fight for your rights with the help of this material from ruleoflawradio.com. [32:55.800 --> 33:01.080] Order your copy today, and together we can have the free society we all want and deserve. [33:01.080 --> 33:07.080] Live, free speech radio, logosradionetwork.com. [33:07.080 --> 33:28.080] Mr. Officer, you're taking the right hand Won't you follow the law of the land? [33:28.080 --> 33:52.080] Okay, we are back, Randy Charlton, Rule of Law Radio, with Debra Stevens, and speaking [33:52.080 --> 33:59.480] of Debra Stevens, she's got Amazon up and working on our website. [33:59.480 --> 34:07.000] And if you're thinking of buying something online, it would help us greatly if you went [34:07.000 --> 34:12.680] to Amazon on our website and use that, we'll get a little bit of a commission and help [34:12.680 --> 34:16.320] to support this radio. [34:16.320 --> 34:23.540] We were talking to Rob in New Mexico, and he said that the lawyer told you that rescission [34:23.540 --> 34:28.480] was not in your contract. [34:28.480 --> 34:34.240] When you read the Uniform Commercial Code, what you'll find it says is that rescission [34:34.240 --> 34:43.080] is a contractual right under the UCC, but that rescission can be specifically waived [34:43.080 --> 34:45.160] in the contract. [34:45.160 --> 34:52.760] So my question is, is there a reference to a waiver of rescission in the contract? [34:52.760 --> 34:53.760] No. [34:53.760 --> 34:59.240] The lawyer probably hasn't read the UCC either. [34:59.240 --> 35:04.120] They haven't even read the contract, Randy. [35:04.120 --> 35:06.480] Wait, say that again? [35:06.480 --> 35:09.960] You need to get your head back out of the toilet. [35:09.960 --> 35:11.600] They haven't even read the contract. [35:11.600 --> 35:14.600] Oh, I'm sure they haven't. [35:14.600 --> 35:30.120] I am amazed at how ignorant lawyers are of the laws surrounding what they do. [35:30.120 --> 35:36.360] It's not the way I was told in high school that it was. [35:36.360 --> 35:43.480] And this thing of calling lawyers learned in counsel, that is absolutely a misnomer [35:43.480 --> 35:45.080] because they are not learning. [35:45.080 --> 35:50.000] They may be learning in some things, but I don't know what that is. [35:50.000 --> 35:53.280] It doesn't appear to be law. [35:53.280 --> 35:58.960] They learn what a process, they learn a process. [35:58.960 --> 36:02.200] These are the things we do in every case. [36:02.200 --> 36:09.680] We got these set of motions that we file and this is how we generate a billing to our client. [36:09.680 --> 36:13.960] And we don't get outside the scope of these few little motions. [36:13.960 --> 36:19.720] They hate pro-says because we drag them outside what the lawyers do. [36:19.720 --> 36:24.480] You see, it's not really adversarial like you think it is. [36:24.480 --> 36:28.400] These lawyers know each other and they deal with each other all the time. [36:28.400 --> 36:32.800] The one lawyer does something to lead into the other lawyer so he can bill his client [36:32.800 --> 36:34.280] and do something back. [36:34.280 --> 36:38.560] And they bounce back and forth so they can bill their client when they get to a certain [36:38.560 --> 36:44.440] point, always at that point, they throw the client under the bus because they're not going [36:44.440 --> 36:50.640] to do any more because now they have to do legal research, they have to figure things [36:50.640 --> 36:52.400] out and learn the law. [36:52.400 --> 37:01.920] I hate to be that critical of lawyers because it's not my position, my intent to vilify [37:01.920 --> 37:05.800] anybody or to villainize lawyers. [37:05.800 --> 37:13.160] But don't go on it, they are so surprisingly inept, it's frustrating. [37:13.160 --> 37:16.600] So yeah, I'm not surprised you didn't read it. [37:16.600 --> 37:22.320] So now we have the latest document you wanted me to read. [37:22.320 --> 37:27.320] I tried to find it on the break but I get so many emails, I couldn't find it in there. [37:27.320 --> 37:29.880] So tell us what this latest document says. [37:29.880 --> 37:34.080] Okay, well the first one, I've got three lawsuits right now. [37:34.080 --> 37:43.080] The first one is against the new alleged servicer for their failure to respond under the escrow [37:43.080 --> 37:49.920] company act and the administrative code regulating escrow companies. [37:49.920 --> 37:56.320] They are A, required to respond to any written request within 14 days. [37:56.320 --> 38:03.920] They are required to provide accounting to anybody that asks for it as a party and they [38:03.920 --> 38:10.880] are prohibited from withholding account information from any party to the account. [38:10.880 --> 38:17.280] So I'm suing them for three counts under the Unfair Practice Act in New Mexico for failing [38:17.280 --> 38:21.360] to respond to my request. [38:21.360 --> 38:30.240] If they prove of agency, I will amend my big complaint and add them as a defendant. [38:30.240 --> 38:35.280] If they don't prove of agency, I'm also going to sue them in federal court under the Fair [38:35.280 --> 38:39.040] Debt Collection Practices Act. [38:39.040 --> 38:46.280] The second suit, which I didn't send you yet, is my first of at least five suits against [38:46.280 --> 38:48.760] the new attorney. [38:48.760 --> 38:50.480] This one is for overshadowing. [38:50.480 --> 38:58.880] He demanded in his first collection letter that I pay the debt within 30 days from the [38:58.880 --> 39:06.520] date the letter was sent, which clearly contradicts the ability to dispute within 30 days of receipt [39:06.520 --> 39:07.520] of the letter. [39:07.520 --> 39:13.560] Then I have several more suits for mistaking the nature and amount of illegal status of [39:13.560 --> 39:17.520] the debt continuing collection after an event for validation and threatening to take action [39:17.520 --> 39:19.600] that he is not legally able to take. [39:19.600 --> 39:25.480] I'm going to do those all separately because you can only collect $1,000 per defendant [39:25.480 --> 39:29.200] to pursue no matter how many violations you have. [39:29.200 --> 39:31.560] I don't think they'll allow you to do that. [39:31.560 --> 39:39.200] When you try to file the second one, they're going to tell you that you had a duty to join [39:39.200 --> 39:45.000] all issues and claims against this party in your initial suit. [39:45.000 --> 39:50.080] By failing to claim them in your initial suit, you waive them because you're not allowed [39:50.080 --> 40:00.000] to file separate suits for each issue. [40:00.000 --> 40:01.000] Be careful with that. [40:01.000 --> 40:05.200] That may cost you the whole length of the letter. [40:05.200 --> 40:12.440] If he approves of agency, then I will also add him as a defendant to the big suit, which [40:12.440 --> 40:17.680] I have demanded proof of agency from him and he has failed to provide that. [40:17.680 --> 40:25.400] I want to go back to your ESCO for a moment. [40:25.400 --> 40:27.440] Did you have a fixed rate note? [40:27.440 --> 40:28.440] Yes. [40:28.440 --> 40:35.680] What was the principle and interest on the note? [40:35.680 --> 40:38.720] Let me back up a little bit. [40:38.720 --> 40:39.720] There's no note. [40:39.720 --> 40:40.720] There's no mortgage. [40:40.720 --> 40:43.760] This is a real estate contract in New Mexico. [40:43.760 --> 40:46.080] It is not a statutory contract. [40:46.080 --> 40:50.480] It's governed by common law, which is interesting that you were talking about that. [40:50.480 --> 40:57.440] It'll be governed by contract law, not necessarily common law. [40:57.440 --> 41:06.440] You see, it did have a principle and an interest, didn't it? [41:06.440 --> 41:10.600] The base payment was $775. [41:10.600 --> 41:15.640] What was the original principle? [41:15.640 --> 41:18.120] The full amount of the loan? [41:18.120 --> 41:19.120] Yes. [41:19.120 --> 41:27.320] I believe it's $89,000, but I'm not exactly sure of the full dollar amount right now. [41:27.320 --> 41:28.320] Okay. [41:28.320 --> 41:29.320] $89,000. [41:29.320 --> 41:34.320] Somehow my system is off. [41:34.320 --> 41:35.320] $89,000. [41:35.320 --> 41:38.320] What was the interest? [41:38.320 --> 41:39.320] 7%. [41:39.320 --> 41:47.680] $89,000 at seven. [41:47.680 --> 41:56.840] That should be a payment of five... Let me check my schedule. [41:56.840 --> 42:06.160] This says your payment should have been $592.12 a month principle and interest. [42:06.160 --> 42:09.040] What were you actually paying? [42:09.040 --> 42:17.680] We were paying $775 plus tax and insurance. [42:17.680 --> 42:20.360] Tax and insurance. [42:20.360 --> 42:25.280] That insurance was distributed by the escrow agent? [42:25.280 --> 42:27.360] It was intended to be, yes. [42:27.360 --> 42:28.360] Okay. [42:28.360 --> 42:31.560] What was it with tax and insurance? [42:31.560 --> 42:39.160] I believe the full amount was about $932, $938, something like that. [42:39.160 --> 42:40.160] Okay. [42:40.160 --> 42:43.160] I'll say $932. [42:43.160 --> 42:49.160] Let me go over here and put a number in for you. [42:49.160 --> 42:50.160] Okay. [42:50.160 --> 42:51.160] Go ahead. [42:51.160 --> 42:55.240] While you're talking, I'm going to run a little amortization here. [42:55.240 --> 43:04.800] If you're paying $592.12, what this calculates that based on what you told me, it may be [43:04.800 --> 43:09.080] off a little bit, but it's not going to be off a whole lot. [43:09.080 --> 43:11.520] You're paying almost double. [43:11.520 --> 43:19.440] You're paying almost as much to escrow as you are to principle and interest. [43:19.440 --> 43:25.560] It'd be interesting to see where all that money went to. [43:25.560 --> 43:29.280] It went to the seller. [43:29.280 --> 43:33.280] The seller received $775 a month. [43:33.280 --> 43:34.280] Okay. [43:34.280 --> 43:35.280] Hold on. [43:35.280 --> 43:36.280] Okay. [43:36.280 --> 43:44.240] Yeah, but that went to principle and interest, but we'll see how that amortizes out. [43:44.240 --> 43:45.240] Hang on. [43:45.240 --> 43:52.160] Andy Kelton, Wheel of the Radio, I called it number 512-646-1984, and have a look at [43:52.160 --> 43:55.160] our sponsors. [43:55.160 --> 44:01.600] I was looking at Amazon, and I'm going to start buying some stuff off Amazon. [44:01.600 --> 44:03.080] Hello. [44:03.080 --> 44:08.200] My name is Stuart Smith from naturespureorganics.com, and I would like to invite you to come by our [44:08.200 --> 44:13.720] store at 1904 Guadalupe Street, Sweet D, here in Austin, Texas, on Brave New Books and Chase [44:13.720 --> 44:14.720] Bank. [44:14.720 --> 44:17.640] We've got fantastic health and wellness products with your very own eyes. [44:17.640 --> 44:22.680] Have a look at our Miracle Healing Clay that started our adventure in alternative medicine. [44:22.680 --> 44:26.600] Take a peek at some of our other wonderful products, including our Australian Eme oil, [44:26.600 --> 44:30.400] lotion candles, olive oil soaps, and colloidal silver and gold. [44:30.400 --> 44:37.600] Call 512-264-4043, or find us online at naturespureorganics.com. [44:37.600 --> 44:43.240] That's 512-264-4043, naturespureorganics.com. [44:43.240 --> 45:01.280] Don't forget to like us on Facebook for information on events and our products, naturespureorganics.com. [45:01.280 --> 45:04.480] Are you the plaintiff or defendant in a lawsuit? [45:04.480 --> 45:09.720] Win your case without an attorney with Juris Dictionary, the affordable, easy to understand [45:09.720 --> 45:14.280] 4-CD course that will show you how in 24 hours, step-by-step. [45:14.280 --> 45:18.960] If you have a lawyer, know what your lawyer should be doing. [45:18.960 --> 45:23.240] If you don't have a lawyer, know what you should do for yourself. [45:23.240 --> 45:28.080] Thousands have won with our step-by-step course, and now you can too. [45:28.080 --> 45:34.880] Juris Dictionary was created by a licensed attorney with 22 years of case-winning experience. [45:34.880 --> 45:39.520] Even if you're not in a lawsuit, you can learn what everyone should understand about the [45:39.520 --> 45:43.680] principles and practices that control our American courts. [45:43.680 --> 45:49.800] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, [45:49.800 --> 45:52.160] pro se tactics, and much more. [45:52.160 --> 45:59.920] Please visit ruleoflawradio.com and click on the banner, or call toll-free, 866-LAW-EZ. [45:59.920 --> 46:20.560] Give me this night's high problem, where you gonna look for one? [46:20.560 --> 46:38.040] If you could not reach any bouts of love, would your purpose have to die? [46:38.040 --> 47:03.760] If you could not reach any bouts of love, would your purpose have to die? [47:03.760 --> 47:31.480] If you could not reach any bouts of love, would your purpose have to die? [47:31.480 --> 47:59.280] If you could not reach any bouts of love, would your purpose have to die? [47:59.280 --> 48:23.840] If you could not reach any bouts of love, would your purpose have to die? [48:23.840 --> 48:51.640] If you could not reach any bouts of love, would your purpose have to die? [48:51.640 --> 49:16.200] If you could not reach any bouts of love, would your purpose have to die? [49:16.200 --> 49:36.280] If you could not reach any bouts of love, would your purpose have to die? [49:36.280 --> 49:47.800] You need to look at that contract, if you're not paying the full, you're not paying apparently [49:47.800 --> 49:52.200] what you think you're paying. [49:52.200 --> 50:01.720] So you're paying, you loaned the money at 7%, but they have you pay an amount in excess [50:01.720 --> 50:10.640] of 7%, and you don't know what that amount is. [50:10.640 --> 50:17.720] No, and I've been unable to figure out how to amortize a five-year real estate contract [50:17.720 --> 50:21.320] with an undisclosed balloon payment at the end. [50:21.320 --> 50:25.160] Yeah, I think this is going to be an unconscionable contract. [50:25.160 --> 50:30.480] I think it's likely to be an illegal contract. [50:30.480 --> 50:32.680] Can I offer a suggestion? [50:32.680 --> 50:34.280] Absolutely. [50:34.280 --> 50:41.440] Go ahead and calculate out the amortization schedule for it, or a 30-year note, and then [50:41.440 --> 50:46.240] change the number of payments. [50:46.240 --> 50:47.240] See what the difference is. [50:47.240 --> 50:52.240] Change the number to what? [50:52.240 --> 50:55.080] To five years? [50:55.080 --> 50:56.080] Yeah. [50:56.080 --> 51:00.760] Which is what, 120? [51:00.760 --> 51:05.520] Yeah, I think so. [51:05.520 --> 51:08.960] Five times 12 is what, 80, 90? [51:08.960 --> 51:09.960] I can't think right now. [51:09.960 --> 51:10.960] 60, I think. [51:10.960 --> 51:18.320] And then calculate what your future value would be. [51:18.320 --> 51:19.320] It's 60. [51:19.320 --> 51:20.320] 60, right. [51:20.320 --> 51:21.320] God, I'm bad. [51:21.320 --> 51:27.520] Here, I know these things. [51:27.520 --> 51:28.840] It only took me two minutes. [51:28.840 --> 51:34.480] I should know my multiplication tables, my gosh. [51:34.480 --> 51:40.880] I have pictures now of Barbara, I mean Barbara, but Deborah slapping me soundly around the [51:40.880 --> 51:45.200] neck and shoulders with a two-by-four. [51:45.200 --> 51:46.200] Come on, Jeff. [51:46.200 --> 51:47.200] You can do better than that. [51:47.200 --> 51:48.200] Geez. [51:48.200 --> 51:56.280] Calculate your future value, and that should give you what your balloon payment would be [51:56.280 --> 51:59.280] at the end of the five years. [51:59.280 --> 52:00.280] Okay. [52:00.280 --> 52:01.280] Okay. [52:01.280 --> 52:08.760] Get out your contract and get precise values. [52:08.760 --> 52:09.760] Right. [52:09.760 --> 52:14.840] But here's the thing, what prompted me to call in. [52:14.840 --> 52:22.960] I like your attitude about going after the attorney for overshadowing, but what I want [52:22.960 --> 52:33.280] to suggest to you is that you do not use just one FDCPA complaint or infraction, but you [52:33.280 --> 52:36.960] use as many as they actually perpetrated. [52:36.960 --> 52:37.960] Okay. [52:37.960 --> 52:47.400] What's underneath that is, if you get defeated on all of them but one, then your case stands. [52:47.400 --> 52:53.200] But if you only have one and that gets defeated, your case is gone. [52:53.200 --> 52:56.960] Okay? [52:56.960 --> 52:59.760] I guess you could call it stacking the deck. [52:59.760 --> 53:10.960] Granted, you can only get the penalties for one, that is, you can only get a $1,000 penalty. [53:10.960 --> 53:23.200] But unless I'm mistaken, you have in the wings, perspective, actual damages. [53:23.200 --> 53:28.520] So I would suggest that you not overlook that, because if you file a suit against the attorney [53:28.520 --> 53:36.160] for his bad behavior as a debt collector, whatever actual damages you have, you'd be [53:36.160 --> 53:45.800] able to tag him for, and I would start looking at the note and the fruit of the note. [53:45.800 --> 53:48.800] Let me ask you this. [53:48.800 --> 53:56.800] Even if the contract is void of an issue, which obviously is for numerous reasons, since [53:56.800 --> 54:13.360] he sent me that letter canceling the contract, does that go to actual damages? [54:13.360 --> 54:17.520] Where would you suppose your actual damages would be? [54:17.520 --> 54:22.560] Well, the alleged loss of the house. [54:22.560 --> 54:23.560] Okay. [54:23.560 --> 54:27.520] So what do you got in the house? [54:27.520 --> 54:37.440] Well, so far, aside from time, labor- Why are you putting those aside? [54:37.440 --> 54:41.880] Are you just asking for the money that I have in the house? [54:41.880 --> 54:43.920] No, I'm not asking you. [54:43.920 --> 54:45.560] I didn't say how much money you got in the house. [54:45.560 --> 54:48.480] I asked you what you got in the house. [54:48.480 --> 54:49.480] Everything. [54:49.480 --> 54:51.480] You got repairs? [54:51.480 --> 54:53.480] Oh, yeah. [54:53.480 --> 54:55.480] Maintenance? [54:55.480 --> 54:57.480] Mm-hmm. [54:57.480 --> 55:01.480] Cost of the mortgage? [55:01.480 --> 55:03.480] Mm-hmm. [55:03.480 --> 55:05.480] What else? [55:05.480 --> 55:07.480] My wife and kids. [55:07.480 --> 55:14.480] I don't think that they're going to count as actual damages unless, of course, you could [55:14.480 --> 55:21.480] possibly make the case for actual damages because a threat of foreclosure got up and [55:21.480 --> 55:23.480] down. [55:23.480 --> 55:26.480] Even that might be a little bit hard-pressed just to stick. [55:26.480 --> 55:31.480] But one of the suggestions I would like to make to you is that you start doing some research [55:31.480 --> 55:35.480] in the form of actual damages on Google. [55:35.480 --> 55:37.480] Okay. [55:37.480 --> 55:45.480] Perhaps even Google Scholar so that you can get a context of what actual damages are. [55:45.480 --> 55:47.480] Gotcha. [55:47.480 --> 55:56.480] Yeah, because in a particular case that I am aware of, the lawyer was sent a Dunning [55:56.480 --> 55:57.480] notice. [55:57.480 --> 56:00.480] They sent a dispute and demand for validation. [56:00.480 --> 56:02.480] He filed suit. [56:02.480 --> 56:08.480] They challenged the suit based on failure to state a claim. [56:08.480 --> 56:13.480] They didn't have any kind of account-level documentation, didn't have any of things like [56:13.480 --> 56:14.480] that. [56:14.480 --> 56:18.480] Which is the customary practice, it seems, in state courts. [56:18.480 --> 56:20.480] He got the judgment anyway. [56:20.480 --> 56:24.480] Well, guess what gets transferred over to the actual damages? [56:24.480 --> 56:29.480] Guess who's liable for it? [56:29.480 --> 56:35.480] The judgment and the attorney. [56:35.480 --> 56:37.480] Why? [56:37.480 --> 56:41.480] Because he violated federal law in getting the judgment. [56:41.480 --> 56:48.480] It became fruit of the poisonous tree. [56:48.480 --> 56:52.480] Okay, I'm confused. [56:52.480 --> 56:58.480] How did we get, what became, the judgment itself was fruit of the poison tree? [56:58.480 --> 57:02.480] Yes, because he had violated federal law in getting the judgment. [57:02.480 --> 57:06.480] He violated the FDCPA. [57:06.480 --> 57:11.480] That became an actual damage. [57:11.480 --> 57:15.480] Yeah, but isn't there a statutory amount for that particular? [57:15.480 --> 57:19.480] Not actual damage, statutory damage there is. [57:19.480 --> 57:21.480] Okay. [57:21.480 --> 57:25.480] So you got to read the damages straight there, guys. [57:25.480 --> 57:28.480] And by the way, correct me if I'm wrong. [57:28.480 --> 57:33.480] Did you sit down and copy that deed of trust and mortgage by hand? [57:33.480 --> 57:38.480] Because it sure sounded like you did in your monologue. [57:38.480 --> 57:42.480] No, actually I didn't, but I did read it carefully. [57:42.480 --> 57:44.480] Okay. [57:44.480 --> 57:47.480] Were you surprised, what you found in there? [57:47.480 --> 57:49.480] No, I've read it a number of times. [57:49.480 --> 57:50.480] But you weren't. [57:50.480 --> 57:54.480] So I wasn't, I didn't find anything yet that surprised me. [57:54.480 --> 57:55.480] Okay. [57:55.480 --> 57:58.480] I'm an engineer in my nature. [57:58.480 --> 58:02.480] I tend to read things very carefully, especially when they're reading documents. [58:02.480 --> 58:03.480] Okay. [58:03.480 --> 58:05.480] I don't just skim over it. [58:05.480 --> 58:12.480] I look at every word and analyze what that word is doing there and what weight it's carrying. [58:12.480 --> 58:14.480] And what that whole sentence means. [58:14.480 --> 58:27.480] And when I did that with the Fannie Mae Freddie Mac uniform instrument, I came out of it confused. [58:27.480 --> 58:37.480] Because when you read it carefully and don't assume an intent before you've read the intent, [58:37.480 --> 58:40.480] I don't find intent. [58:40.480 --> 58:44.480] I'm convinced that whoever wrote it was high on coke. [58:44.480 --> 58:46.480] Hang on, Randy Kelton. [58:46.480 --> 58:47.480] We'll use our radio. [58:47.480 --> 58:50.480] I'll call it number 512-6469. [58:50.480 --> 58:54.480] The Bible remains the most popular book in the world. [58:54.480 --> 58:58.480] Countless readers are frustrated because they struggle to understand it. [58:58.480 --> 59:02.480] Some new translations try to help by simplifying the text, [59:02.480 --> 59:06.480] but in the process can compromise the profound meaning of the scripture. [59:06.480 --> 59:09.480] Enter the recovery version. [59:09.480 --> 59:13.480] First, this new translation is extremely faithful and accurate, [59:13.480 --> 59:18.480] but the real story is the more than 9,000 explanatory footnotes. [59:18.480 --> 59:22.480] Difficult and profound passages are opened up in a marvelous way, [59:22.480 --> 59:28.480] providing an entrance into the riches of the Word beyond which you've ever experienced before. [59:28.480 --> 59:33.480] Bibles for America would like to give you a free recovery version simply for the asking. [59:33.480 --> 59:43.480] This comprehensive yet compact study Bible is yours just by calling us toll free at 1-888-551-0102 [59:43.480 --> 59:47.480] or by ordering online at freestudybible.com. [59:47.480 --> 59:52.480] That's freestudybible.com. [59:52.480 --> 01:00:00.480] You're listening to the Logos Radio Network at logosradionetwork.com. [01:00:00.480 --> 01:00:05.480] The following use flash is brought to you by the Lone Star Lowdown, [01:00:05.480 --> 01:00:08.480] providing the daily bulletins for the commodity market, [01:00:08.480 --> 01:00:10.480] Today in History, [01:00:10.480 --> 01:00:12.480] News Updates, [01:00:12.480 --> 01:00:20.480] and the Inside Scoop into the tides of the alternatives. [01:00:20.480 --> 01:00:23.480] Markets for the 4th of November, 2015, [01:00:23.480 --> 01:00:27.480] opened up with gold at $1,107.90 an ounce, [01:00:27.480 --> 01:00:29.480] silver $15.11 an ounce, [01:00:29.480 --> 01:00:32.480] Texas crude $47.90 a barrel, [01:00:32.480 --> 01:00:35.480] and bitcoin is up $100 from the 1st of November, [01:00:35.480 --> 01:00:44.480] currently sitting at about $471 U.S. currency. [01:00:44.480 --> 01:00:45.480] Today in History, [01:00:45.480 --> 01:00:48.480] Tuesday, November 4, 1862, [01:00:48.480 --> 01:00:52.480] Dr. Richard Gatling patents the Gatling machine gun in Indianapolis. [01:00:52.480 --> 01:00:55.480] Gatling wrote that he created it to reduce the size of armies [01:00:55.480 --> 01:00:58.480] and so reduce the number of deaths by combat and disease [01:00:58.480 --> 01:01:00.480] and to show how futile war is. [01:01:00.480 --> 01:01:03.480] Richard's Gatling gun was first used in battle by the Union forces [01:01:03.480 --> 01:01:10.480] against the Confederates during the American Civil War. [01:01:10.480 --> 01:01:11.480] In recent news, [01:01:11.480 --> 01:01:14.480] North Carolina Supreme Court State Judge Arnold Jones II [01:01:14.480 --> 01:01:17.480] was arrested today on charges that he tried to bribe an FBI officer [01:01:17.480 --> 01:01:20.480] to gather text messages between two phone numbers [01:01:20.480 --> 01:01:22.480] for a personal family matter. [01:01:22.480 --> 01:01:25.480] The bribe included cash money and a couple cases of beer. [01:01:25.480 --> 01:01:29.480] He is facing a maximum of 37 years in federal prison [01:01:29.480 --> 01:01:35.480] if convicted on all charges. [01:01:35.480 --> 01:01:37.480] A government watchdog group for reconstruction in Afghanistan [01:01:37.480 --> 01:01:40.480] announced Monday of this week that U.S. taxpayers got the tab [01:01:40.480 --> 01:01:44.480] for a $43 million natural gas filling station in Afghanistan, [01:01:44.480 --> 01:01:47.480] which should have only cost around $500,000. [01:01:47.480 --> 01:01:48.480] To add insult to injury, [01:01:48.480 --> 01:01:52.480] the multi-million dollar gas station has virtually no value to the average Afghan. [01:01:52.480 --> 01:01:55.480] A Pentagon task force apparently awarded a $3 million contract [01:01:55.480 --> 01:01:58.480] to build the station in Shebergan, Afghanistan, [01:01:58.480 --> 01:02:00.480] but ended up spending $12 million in construction costs [01:02:00.480 --> 01:02:05.480] and a whopping $30 million in overhead costs alone between 2011 and 2014. [01:02:05.480 --> 01:02:09.480] Similar gas stations built in neighboring Pakistan cost a fraction of that, [01:02:09.480 --> 01:02:16.480] roughly only $500,000 on average. [01:02:16.480 --> 01:02:20.480] A U.S. infrared satellite detected a mid-air heat flash over the Sinai Peninsula [01:02:20.480 --> 01:02:25.480] at the same time the Russian Metrojet Flight 9268 crashed in the area this weekend. [01:02:25.480 --> 01:02:28.480] U.S. intelligence analysis believed that the heat flash could have been from an explosion [01:02:28.480 --> 01:02:33.480] inside the aircraft, most likely caused from a fuel tank eruption or a bomb. [01:02:33.480 --> 01:02:37.480] Egyptian forensic experts have also reported that the burns and other injuries on the victims [01:02:37.480 --> 01:02:40.480] indicated the mid-air explosion might have taken place within the plane itself. [01:02:40.480 --> 01:02:43.480] And even though the insurgents affiliated with the Islamic State [01:02:43.480 --> 01:02:45.480] claimed responsibility for the incident, [01:02:45.480 --> 01:02:48.480] the aircraft's tail, which fell to the ground miles from the Russian jet, [01:02:48.480 --> 01:02:58.480] did strike a runway during a landing in Cairo in 2001. [01:03:48.480 --> 01:03:52.480] Okay, we are back. [01:03:52.480 --> 01:03:58.480] Randy Kelton, we're here with our special guest, Jeff Cedric, [01:03:58.480 --> 01:04:02.480] and we're talking to Rob in New Mexico. [01:04:02.480 --> 01:04:06.480] So, Rob, as we last left it, I want to make sure that you're clear [01:04:06.480 --> 01:04:11.480] that I am praising you for using the FDCPA, [01:04:11.480 --> 01:04:15.480] even though Randy kind of conspiracized it. [01:04:15.480 --> 01:04:22.480] It's a very powerful tool. [01:04:22.480 --> 01:04:25.480] You've got quite a few violations under it. [01:04:25.480 --> 01:04:30.480] I'm kind of bummed about having to bring them all at once, [01:04:30.480 --> 01:04:33.480] because I was looking for the camera. [01:04:33.480 --> 01:04:36.480] Randy's right, but what will happen is if you file them in separately, [01:04:36.480 --> 01:04:40.480] the court will require that you combine them. [01:04:40.480 --> 01:04:44.480] If you file them in separately, when you go to settle them, [01:04:44.480 --> 01:04:50.480] they'll require that you relieve them of all liability [01:04:50.480 --> 01:04:54.480] from that point forward to the end of the earth, [01:04:54.480 --> 01:04:57.480] and that basically will destroy your other suits. [01:04:57.480 --> 01:04:59.480] Okay. [01:04:59.480 --> 01:05:06.480] So it's, you know, one way or the other, you're not going to prevail on that. [01:05:06.480 --> 01:05:08.480] Okay. [01:05:08.480 --> 01:05:13.480] There is an exception to that, but that's not going to apply here, [01:05:13.480 --> 01:05:20.480] because you have a common nucleus of operative fact, you know, [01:05:20.480 --> 01:05:26.480] as opposed to if they were calling you about a debt that wasn't your debt, [01:05:26.480 --> 01:05:30.480] so each call would be a separate action, okay, [01:05:30.480 --> 01:05:34.480] because you don't know the debt, there's no common nucleus of operative fact. [01:05:34.480 --> 01:05:39.480] So anyway, congratulations, and thank you for doing that. [01:05:39.480 --> 01:05:43.480] Thank you. You're welcome. [01:05:43.480 --> 01:05:48.480] Now, what about the fact that he has failed to prove up agency [01:05:48.480 --> 01:05:51.480] in spite of my demand that he do so? [01:05:51.480 --> 01:05:55.480] Does he have a duty to do that? [01:05:55.480 --> 01:06:01.480] You know, everything, I mean everything comes back to duty, [01:06:01.480 --> 01:06:05.480] and if you can't get a hold of a black swan, look up duty. [01:06:05.480 --> 01:06:08.480] Extremely powerful word. [01:06:08.480 --> 01:06:12.480] The real estate contract that he's attempting to collect on [01:06:12.480 --> 01:06:14.480] is a matter of public record. [01:06:14.480 --> 01:06:18.480] That doesn't make it his duty. [01:06:18.480 --> 01:06:21.480] Okay, but anybody could go down to the county records, [01:06:21.480 --> 01:06:24.480] pull that out and say, hey, pay me for this. [01:06:24.480 --> 01:06:30.480] Well, once he makes a proactive statement of fact, [01:06:30.480 --> 01:06:38.480] that proactive statement of fact will be considered regular until challenged, [01:06:38.480 --> 01:06:40.480] but once challenged, [01:06:40.480 --> 01:06:47.480] the court can no longer accept his proactive statement of fact as fact. [01:06:47.480 --> 01:06:49.480] Then he must prove it up. [01:06:49.480 --> 01:06:51.480] So yes, he does have a duty. [01:06:51.480 --> 01:06:52.480] Okay. [01:06:52.480 --> 01:06:54.480] When his agency is challenged. [01:06:54.480 --> 01:06:55.480] I don't know. [01:06:55.480 --> 01:06:56.480] I don't know. [01:06:56.480 --> 01:06:58.480] It's just a question that needs to be answered. [01:06:58.480 --> 01:07:01.480] I've got a big section on agency. [01:07:01.480 --> 01:07:03.480] Agency cannot be proven out of the mouth of the agent. [01:07:03.480 --> 01:07:04.480] Right. [01:07:04.480 --> 01:07:06.480] It must be proven out of the mouth of the principal. [01:07:06.480 --> 01:07:09.480] However, I found in uniform commercial code where it said [01:07:09.480 --> 01:07:14.480] it can be proven out of the mouth of the agent, [01:07:14.480 --> 01:07:17.480] but I haven't done any case law study on that yet, [01:07:17.480 --> 01:07:20.480] so there are some contradictions as concerns agency. [01:07:20.480 --> 01:07:23.480] Yeah. [01:07:23.480 --> 01:07:30.480] But he does have to produce enough facts that can be corroborated [01:07:30.480 --> 01:07:34.480] to establish his agency standing capacity. [01:07:34.480 --> 01:07:36.480] Those three always have to go together. [01:07:36.480 --> 01:07:38.480] Right. [01:07:38.480 --> 01:07:42.480] Agency to represent a principal who has standing [01:07:42.480 --> 01:07:45.480] and the legal capacity to act on that standing. [01:07:45.480 --> 01:07:47.480] Right. [01:07:47.480 --> 01:07:49.480] That's my story, and I'm sticking to it. [01:07:49.480 --> 01:07:52.480] Well, you may do that. [01:07:52.480 --> 01:07:53.480] Okay. [01:07:53.480 --> 01:07:58.480] All of a sudden we have got a board full of callers. [01:07:58.480 --> 01:08:01.480] Do we have any more, Rob? [01:08:01.480 --> 01:08:05.480] Well, I was just going to say his failure to provide any evidence of agency [01:08:05.480 --> 01:08:08.480] creates the adverse inference that he has not. [01:08:08.480 --> 01:08:12.480] Exactly. [01:08:12.480 --> 01:08:16.480] That should get him a bar grievance just for yucks. [01:08:16.480 --> 01:08:17.480] Oh, yeah. [01:08:17.480 --> 01:08:19.480] Of course. [01:08:19.480 --> 01:08:23.480] If he fails to do what he has a duty to do, [01:08:23.480 --> 01:08:28.480] then at the very least he's a representative of the court. [01:08:28.480 --> 01:08:31.480] He's a quasi-public official. [01:08:31.480 --> 01:08:40.480] He's not an officer, but he is a public official. [01:08:40.480 --> 01:08:44.480] I'm sorry, he's not an official, but he is an officer of the court, [01:08:44.480 --> 01:08:48.480] and he has a duty to act with candor to the court. [01:08:48.480 --> 01:08:54.480] And I'm back working on the bar grievance site, trying to get it back up. [01:08:54.480 --> 01:08:56.480] That and Judiciconda. [01:08:56.480 --> 01:09:03.480] As a matter of fact, I just built a Texas bar grievance input form. [01:09:03.480 --> 01:09:12.480] I took the form off of the State Bar's website and turned it into an input. [01:09:12.480 --> 01:09:17.480] It just had a PDF document, and I turned it into a fill-in-the-blanks document. [01:09:17.480 --> 01:09:22.480] But I also put notations on it, and I'll try to get to that tomorrow [01:09:22.480 --> 01:09:26.480] and load it up on jurisimprudence.com. [01:09:26.480 --> 01:09:28.480] I've got notations. [01:09:28.480 --> 01:09:41.480] The very first piece of information the Texas State Bar Association standard form asks for, [01:09:41.480 --> 01:09:45.480] the first two pieces of information. [01:09:45.480 --> 01:09:54.480] The first one is your Texas Department of Justice inmate number. [01:09:54.480 --> 01:10:02.480] The second is your immigration, some kind of immigration stand number. [01:10:02.480 --> 01:10:12.480] Before they even ask your name, so I put notations in there for people filling these out. [01:10:12.480 --> 01:10:18.480] Why on earth would the State Bar ask you for that information? [01:10:18.480 --> 01:10:29.480] What does that have to do with whether a lawyer violated a standard? [01:10:29.480 --> 01:10:31.480] Doesn't. [01:10:31.480 --> 01:10:39.480] It just tells them who they can ignore and who they can jerk around easily [01:10:39.480 --> 01:10:45.480] because they're either in jail or they're a wet-backed immigrant [01:10:45.480 --> 01:10:47.480] that we don't have to pay any attention to. [01:10:47.480 --> 01:10:49.480] I put in notes in there. [01:10:49.480 --> 01:10:52.480] Do not fill that in. [01:10:52.480 --> 01:10:55.480] Even if you are an inmate, don't put anything in there. [01:10:55.480 --> 01:10:58.480] None of their business. [01:10:58.480 --> 01:11:04.480] And I went on down the form and noted where information they're asking for [01:11:04.480 --> 01:11:07.480] is only information they can use against you. [01:11:07.480 --> 01:11:11.480] Do not tell them who your employer is. [01:11:11.480 --> 01:11:15.480] They get a section, they want to know who your employer is and what his phone number is. [01:11:15.480 --> 01:11:18.480] Now, why would they do that, Jeff? [01:11:18.480 --> 01:11:21.480] So they can call him up. [01:11:21.480 --> 01:11:28.480] And ask him, is this guy some kind of flake or they want to know if he's a public official. [01:11:28.480 --> 01:11:30.480] Does he drink on the job? [01:11:30.480 --> 01:11:33.480] Yeah. When did he stop drinking on the job? [01:11:33.480 --> 01:11:34.480] Right. [01:11:34.480 --> 01:11:36.480] Has he stopped beating his wife? [01:11:36.480 --> 01:11:39.480] Has he stopped beating Randy's wife? [01:11:39.480 --> 01:11:43.480] No. I'd like to see him try that. [01:11:43.480 --> 01:11:45.480] Good luck. [01:11:45.480 --> 01:11:47.480] I want to sell tickets. [01:11:47.480 --> 01:11:51.480] Yes. I've heard from Debbie that you come in to work sometimes. [01:11:51.480 --> 01:11:53.480] We remember bumps all over. [01:11:53.480 --> 01:11:59.480] She learned her strategies from her mother [01:11:59.480 --> 01:12:08.480] when her mother found out that guano was not female for bowana. [01:12:08.480 --> 01:12:14.480] We were watching this program where they're mining bat poop in Arizona. [01:12:14.480 --> 01:12:21.480] And when they called it guano, she just kind of froze and turned toward me real slow [01:12:21.480 --> 01:12:26.480] and made up this new pet name for me, which I will repeat. [01:12:26.480 --> 01:12:29.480] And don't provide them with ammunition. [01:12:29.480 --> 01:12:33.480] Women just don't find us as funny as we do. [01:12:33.480 --> 01:12:36.480] Anyway, enough of the funny stuff. [01:12:36.480 --> 01:12:39.480] I do miss my mother-in-law. She was a hoot. [01:12:39.480 --> 01:12:43.480] She took abuse well. [01:12:43.480 --> 01:12:45.480] That's why you loved her, huh? [01:12:45.480 --> 01:12:51.480] Yeah. She was great. She really was great. [01:12:51.480 --> 01:12:53.480] If mother-in-laws go. [01:12:53.480 --> 01:12:57.480] The lawyers. [01:12:57.480 --> 01:13:04.480] I work with someone here who is really hammering lawyers. [01:13:04.480 --> 01:13:07.480] If we can get more people doing this. [01:13:07.480 --> 01:13:13.480] We filed a removal in an eviction case to the federal court, [01:13:13.480 --> 01:13:20.480] and the lawyer filed a motion for remand claiming that the federal court [01:13:20.480 --> 01:13:27.480] lacked subject matter jurisdiction and asked the court to grant $2,000 in attorney fees. [01:13:27.480 --> 01:13:34.480] Rob, what is wrong with that picture? [01:13:34.480 --> 01:13:38.480] I don't know. Tell me. [01:13:38.480 --> 01:13:46.480] If the judge does not have subject matter jurisdiction, which he ruled that he did not, [01:13:46.480 --> 01:13:50.480] there's only one thing he can do. [01:13:50.480 --> 01:13:52.480] Remand. [01:13:52.480 --> 01:13:56.480] In this case, it wasn't in his court, so he could remand it back. [01:13:56.480 --> 01:13:58.480] That's all he could do. [01:13:58.480 --> 01:14:02.480] And the lawyer asked for $2,000 in attorney fees. [01:14:02.480 --> 01:14:06.480] So David's going to burn him the second time. [01:14:06.480 --> 01:14:11.480] Has David sent him a dispute and demand for validation letter? [01:14:11.480 --> 01:14:14.480] Oh, yeah. And also sent a... [01:14:14.480 --> 01:14:18.480] He was attempting to collect the debt before it was due. [01:14:18.480 --> 01:14:22.480] David is really working these guys over. [01:14:22.480 --> 01:14:25.480] They have a lawyer and a bankruptcy proceeding. [01:14:25.480 --> 01:14:30.480] David and me are putting together pleadings, [01:14:30.480 --> 01:14:34.480] and the client is giving them to the lawyer to file. [01:14:34.480 --> 01:14:38.480] He's refusing to file them, so she filed them herself. [01:14:38.480 --> 01:14:41.480] The lawyer put in a motion to withdraw, [01:14:41.480 --> 01:14:47.480] she filed in the Northern District of Texas an objection to the motion to withdraw, [01:14:47.480 --> 01:14:54.480] and the clerk said, I have never seen one of these before. [01:14:54.480 --> 01:14:59.480] They get in court and the judge said, well, why do you, Ms. Ortiz, [01:14:59.480 --> 01:15:02.480] why do you not want him to withdraw? [01:15:02.480 --> 01:15:06.480] It's because I paid him. He's under contract. [01:15:06.480 --> 01:15:10.480] This woman follows directions well. [01:15:10.480 --> 01:15:12.480] Yet you can't get along with him. [01:15:12.480 --> 01:15:14.480] Doesn't matter if I get along with him. [01:15:14.480 --> 01:15:16.480] I paid him. He's got my money. [01:15:16.480 --> 01:15:19.480] He owes it to me to do to get this case. [01:15:19.480 --> 01:15:26.480] And the judge said, well, counselor, you're just going to have to work this out. [01:15:26.480 --> 01:15:31.480] They have been working this lawyer over, and the lawyers, [01:15:31.480 --> 01:15:38.480] that's why I say they are not the sharpest knives in the drawer. [01:15:38.480 --> 01:15:42.480] I had one lawyer talking, he did not practice, [01:15:42.480 --> 01:15:49.480] and he said that he loves to examine lawyers on the stand. [01:15:49.480 --> 01:15:54.480] They make absolutely horrible witnesses say the stupidest things. [01:15:54.480 --> 01:16:00.480] Well, I'm looking at the emails this lawyer is sending his client, [01:16:00.480 --> 01:16:04.480] and he is unbelievably stupid. [01:16:04.480 --> 01:16:10.480] He is setting himself up to be for a malpractice suit. [01:16:10.480 --> 01:16:21.480] They got in court, and the judge asked the client if she knew David. [01:16:21.480 --> 01:16:28.480] And David was in the courtroom, and he's shocked. [01:16:28.480 --> 01:16:31.480] This is a new judge, only been on the bench a week. [01:16:31.480 --> 01:16:36.480] How did he know David's name? [01:16:36.480 --> 01:16:42.480] David only interacted with the lawyer. [01:16:42.480 --> 01:16:45.480] Oops. [01:16:45.480 --> 01:16:49.480] This lawyer is, I'm telling you, they're not the sharpest, [01:16:49.480 --> 01:16:53.480] I don't know if he said they're not the sharpest knives in the drawer. [01:16:53.480 --> 01:16:57.480] They're just so incredibly arrogant. [01:16:57.480 --> 01:17:00.480] Hang on, we'll be right back. [01:17:00.480 --> 01:17:02.480] Are you being harassed by debt collectors [01:17:02.480 --> 01:17:05.480] with phone calls, letters, or even lawsuits? [01:17:05.480 --> 01:17:09.480] Stop debt collectors now with the Michael Mears proven method. [01:17:09.480 --> 01:17:12.480] Michael Mears has won six cases in federal court against debt collectors, [01:17:12.480 --> 01:17:14.480] and now you can win too. [01:17:14.480 --> 01:17:17.480] You'll get step-by-step instructions in plain English [01:17:17.480 --> 01:17:20.480] on how to win in court using federal civil rights statutes, [01:17:20.480 --> 01:17:24.480] what to do when contacted by phone, mail, or court summons, [01:17:24.480 --> 01:17:26.480] how to answer letters and phone calls, [01:17:26.480 --> 01:17:29.480] how to get debt collectors out of your credit report, [01:17:29.480 --> 01:17:33.480] how to turn the financial tables on them and make them pay you to go away. [01:17:33.480 --> 01:17:38.480] The Michael Mears proven method is the solution for how to stop debt collectors. [01:17:38.480 --> 01:17:41.480] Personal consultation is available as well. [01:17:41.480 --> 01:17:44.480] For more information, please visit ruleoflawradio.com [01:17:44.480 --> 01:17:46.480] and click on the blue Michael Mears banner, [01:17:46.480 --> 01:17:49.480] or email michaelmears at yahoo.com. [01:17:49.480 --> 01:17:57.480] That's ruleoflawradio.com, or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com. [01:17:57.480 --> 01:18:01.480] You'll learn how to stop debt collectors now. [01:18:01.480 --> 01:18:05.480] At Capital Coin and Bullion, our mission is to be your preferred shopping destination [01:18:05.480 --> 01:18:09.480] by delivering excellent customer service and outstanding value at an affordable price. [01:18:09.480 --> 01:18:15.480] We provide a wide assortment of favorite products featuring a great selection of high-quality coins and precious metals. [01:18:15.480 --> 01:18:19.480] We cater to beginners in coin collecting as well as large transactions for investors. [01:18:19.480 --> 01:18:24.480] We believe in educating our customers with resources from top accredited metals dealers and journalists. [01:18:24.480 --> 01:18:27.480] If we don't have what you're looking for, we can find it. [01:18:27.480 --> 01:18:32.480] In addition, we carry popular longevity products such as Beyond Tangy Tangerine and Polynverse. [01:18:32.480 --> 01:18:39.480] We also offer One World Way, Mountain House Storable Foods, Berkey Water Products, ammunition at 10% above wholesale, and more. [01:18:39.480 --> 01:18:43.480] We broker metals IRA accounts and we also accept Bitcoins as payment. [01:18:43.480 --> 01:18:46.480] Call us at 512-646-6440. [01:18:46.480 --> 01:18:51.480] We're located at 7304 Burnett Road, Suite A, about a half mile south of Anderson. [01:18:51.480 --> 01:18:54.480] We're open Monday through Friday 10 to 6, Saturdays 10 to 2. [01:18:54.480 --> 01:19:22.480] Visit us at capitalcoinandbullying.com or call 512-646-6440. [01:19:25.480 --> 01:19:35.480] Well, ain't gonna fool me with that same old trick again. [01:19:35.480 --> 01:19:40.480] I was blindsided but now I can see your plan. [01:19:40.480 --> 01:19:46.480] You put the fear in my pocket, took the money from my ass. [01:19:46.480 --> 01:19:55.480] Ain't gonna fool me with that same old trick again. [01:19:55.480 --> 01:20:05.480] Ain't gonna fool me. [01:20:05.480 --> 01:20:10.480] I'm just blabbing away and somebody snuck in here and muted my mic again. [01:20:10.480 --> 01:20:12.480] This is Randy Kelton, Debra Stevens. [01:20:12.480 --> 01:20:18.480] I did a great intro that time and I think Jeff Sedgwick remotely muted my mic. [01:20:18.480 --> 01:20:21.480] I need somebody to blame it on. [01:20:21.480 --> 01:20:22.480] Wait, you there, Jeff? [01:20:22.480 --> 01:20:23.480] You there, Rob? [01:20:23.480 --> 01:20:27.480] I will be as soon as I can stop laughing. [01:20:27.480 --> 01:20:28.480] Okay, Rob. [01:20:28.480 --> 01:20:29.480] Blame it on me. [01:20:29.480 --> 01:20:31.480] Have we pretty well handled yours? [01:20:31.480 --> 01:20:32.480] We got a full board. [01:20:32.480 --> 01:20:34.480] We do need to get moving. [01:20:34.480 --> 01:20:36.480] Yeah, real quick. [01:20:36.480 --> 01:20:41.480] How much weight does my notice of seller's default in the county records carry [01:20:41.480 --> 01:20:44.480] and what is the effect thereof? [01:20:44.480 --> 01:20:52.480] Okay, I've been reading the UCC and it appears it may carry a lot of weight. [01:20:52.480 --> 01:20:53.480] Good. [01:20:53.480 --> 01:21:02.480] Your notice of default accuses the borrower of repudiating the contract. [01:21:02.480 --> 01:21:08.480] And there's a lot about repudiation in the UCC. [01:21:08.480 --> 01:21:14.480] Read the first three chapters of the UCC and then let's talk about this next Friday. [01:21:14.480 --> 01:21:19.480] I want to get a lot deeper into the specifics of the UCC. [01:21:19.480 --> 01:21:24.480] You'll be surprised at the nature of the remedy you have in there. [01:21:24.480 --> 01:21:27.480] Now, understand that when you read this, for the most part, [01:21:27.480 --> 01:21:32.480] it's talking about buying and selling goods or services. [01:21:32.480 --> 01:21:37.480] Well, in this case, your property are the goods that were sold. [01:21:37.480 --> 01:21:40.480] So this applies to it. [01:21:40.480 --> 01:21:45.480] You will find it extremely interesting and informative. [01:21:45.480 --> 01:21:46.480] Okay. [01:21:46.480 --> 01:21:51.480] And it's black letter law that we get to rely on. [01:21:51.480 --> 01:21:58.480] And it's very well seasoned black letter law. [01:21:58.480 --> 01:22:01.480] And what about the... [01:22:01.480 --> 01:22:04.480] Go ahead. [01:22:04.480 --> 01:22:07.480] Okay. What about the what? [01:22:07.480 --> 01:22:12.480] What about the alleged assignment of the servicing of the real estate contract [01:22:12.480 --> 01:22:18.480] to the new servicer without any kind of notice or assignment that I've ever seen? [01:22:18.480 --> 01:22:21.480] Look at the UCC. It's in there. [01:22:21.480 --> 01:22:25.480] Okay. I'm looking at that section now. [01:22:25.480 --> 01:22:34.480] The section says the buyers breach a repudiation before seller identifies. [01:22:34.480 --> 01:22:39.480] If before the seller has identified existing goods to the contract, [01:22:39.480 --> 01:22:42.480] the buyer breaches by failing to pay when the contract... [01:22:42.480 --> 01:22:44.480] I'm sorry. This is the wrong section. [01:22:44.480 --> 01:22:46.480] I'll have to study this a little bit more. [01:22:46.480 --> 01:22:53.480] But there's a section in here about when they change, [01:22:53.480 --> 01:22:59.480] they can transfer the debt or the contract. [01:22:59.480 --> 01:23:00.480] It doesn't say debt. [01:23:00.480 --> 01:23:03.480] It says the contract can be transferred. [01:23:03.480 --> 01:23:08.480] It appears as though either side can transfer the contract. [01:23:08.480 --> 01:23:11.480] But it doesn't here that if they transfer the contract, [01:23:11.480 --> 01:23:21.480] the original creditor cannot transfer the responsibility for the contract. [01:23:21.480 --> 01:23:24.480] That's the Holder rule. [01:23:24.480 --> 01:23:32.480] That makes the original buyer always responsible. [01:23:32.480 --> 01:23:35.480] He can't transfer away his responsibility. [01:23:35.480 --> 01:23:38.480] And that's what the Holder rule was about. [01:23:38.480 --> 01:23:51.480] It says when a transfer is made, then the buyer doesn't say validate the contract, [01:23:51.480 --> 01:24:03.480] but he can challenge the validity of the transfer because he is a party to the transaction. [01:24:03.480 --> 01:24:10.480] All this stuff they're arguing about right now, we've got some cases going on right now [01:24:10.480 --> 01:24:17.480] where the banks are trying to get the courts to say that you're not a party to that assignment. [01:24:17.480 --> 01:24:20.480] And the UCC says, yes, you are. [01:24:20.480 --> 01:24:30.480] So you had an assignment to an escrow. [01:24:30.480 --> 01:24:35.480] You said an escrow agent, you didn't say a servicer. [01:24:35.480 --> 01:24:39.480] Yeah, it's an escrow company, escrow servicer. [01:24:39.480 --> 01:24:40.480] Hold on, hold on. [01:24:40.480 --> 01:24:44.480] Are they acting, are they simply, they're not the ones, [01:24:44.480 --> 01:24:50.480] are they the ones collecting the payments or are they merely the ones handling the escrow? [01:24:50.480 --> 01:24:54.480] I thought the servicer did both of those. [01:24:54.480 --> 01:24:59.480] They collect the payments and then they disperse the payments to the supplier. [01:24:59.480 --> 01:25:02.480] Okay, they're the servicer. [01:25:02.480 --> 01:25:06.480] And they would disperse the insurance payments if there was insurance. [01:25:06.480 --> 01:25:14.480] Okay, you're using the term escrow agent, but that defines what we would call a servicer. [01:25:14.480 --> 01:25:17.480] Yeah, I'm sorry, it is escrow servicer. [01:25:17.480 --> 01:25:24.480] The escrow agent would be the one that handled the settlement at the time of purchase. [01:25:24.480 --> 01:25:25.480] That's what they call it. [01:25:25.480 --> 01:25:36.480] I would consider the fact that the escrow company resigned from the contract rather than give you information. [01:25:36.480 --> 01:25:39.480] What does that tell you? [01:25:39.480 --> 01:25:42.480] Yeah, no, they didn't want to handle my information request [01:25:42.480 --> 01:25:46.480] and I don't believe that they have the escrow documents filed with them. [01:25:46.480 --> 01:25:56.480] I'm going to bet you they do have the escrow documents and they don't want you to see them. [01:25:56.480 --> 01:26:05.480] Everybody that knows the business tells me most of the thieving is done in escrow. [01:26:05.480 --> 01:26:09.480] You have no idea what's being paid out. [01:26:09.480 --> 01:26:25.480] And it is not unreasonable to expect that the person in the profession of handling your money [01:26:25.480 --> 01:26:31.480] can tell you where every penny went to. [01:26:31.480 --> 01:26:38.480] To have these learning professionals just for that purpose and they're called accountants [01:26:38.480 --> 01:26:42.480] and they do accounting. [01:26:42.480 --> 01:26:47.480] In an escrow company, it's an accounting firm. [01:26:47.480 --> 01:26:51.480] And to consider that they can't tell you where every dime went to, [01:26:51.480 --> 01:26:55.480] of course they can tell you where every dime went to. [01:26:55.480 --> 01:27:01.480] They just don't intend to because very good chance they'll go to prison if they do. [01:27:01.480 --> 01:27:04.480] So I would certainly go after that one. [01:27:04.480 --> 01:27:09.480] But I've got to get going. We've got a whole board full of callers. [01:27:09.480 --> 01:27:12.480] Read the UCC and then call us next Friday. [01:27:12.480 --> 01:27:16.480] I think we'll have an interesting conversation. [01:27:16.480 --> 01:27:18.480] All right. Thanks a lot. [01:27:18.480 --> 01:27:22.480] Just section one, two, and three and it'll refer a little bit to some of the others. [01:27:22.480 --> 01:27:25.480] But basically that's it. [01:27:25.480 --> 01:27:29.480] And I think you'll find it really interesting. [01:27:29.480 --> 01:27:31.480] Okay. Thank you, Rob. [01:27:31.480 --> 01:27:34.480] Now we're going to go to Mr. Jeff in Mississippi. [01:27:34.480 --> 01:27:38.480] And where have you been, young man? [01:27:38.480 --> 01:27:39.480] Hey, Randy. [01:27:39.480 --> 01:27:43.480] I've called in the last couple of weeks and I just couldn't get through. [01:27:43.480 --> 01:27:47.480] I'm not sure what was going on. [01:27:47.480 --> 01:27:51.480] Well, our call board will only hold four callers. [01:27:51.480 --> 01:27:55.480] So if anybody's trying to call in and they can't get through, [01:27:55.480 --> 01:28:02.480] when you finish a call, drop off the line. [01:28:02.480 --> 01:28:06.480] Don't stay on and listen because we can only hold four at a time. [01:28:06.480 --> 01:28:11.480] So after we've finished with one caller, if you've been trying to get in, [01:28:11.480 --> 01:28:13.480] that's a good time to call in. [01:28:13.480 --> 01:28:19.480] And I apologize for the congestion, but we've been having a lot of caller slavery. [01:28:19.480 --> 01:28:20.480] Not a problem. [01:28:20.480 --> 01:28:26.480] I have got something very interesting going on with my case, but I'm kind of lost. [01:28:26.480 --> 01:28:28.480] I don't know where to go. [01:28:28.480 --> 01:28:38.480] My motion to have a new trial after my trial was denied on June the 15th. [01:28:38.480 --> 01:28:43.480] And according to the rules, Mississippi rules, [01:28:43.480 --> 01:28:49.480] the court reporter has 60 days and then she has a 90-day extension. [01:28:49.480 --> 01:28:55.480] Or I'm sorry, a 30-day extension, which gives her a total of 90 days. [01:28:55.480 --> 01:28:57.480] And she is shot way past that. [01:28:57.480 --> 01:29:03.480] She's now on five and a half months and has not given me... [01:29:03.480 --> 01:29:06.480] She hasn't given me one. [01:29:06.480 --> 01:29:10.480] Have you sued her? [01:29:10.480 --> 01:29:11.480] No, I haven't. [01:29:11.480 --> 01:29:16.480] I filed a complaint against her about a month ago and I'm ready to file another one. [01:29:16.480 --> 01:29:21.480] I also emailed my attorney to telling him to file an objection [01:29:21.480 --> 01:29:28.480] and he was dumb enough to write me back and to say, I will not. [01:29:28.480 --> 01:29:30.480] So I think I can hang these people. [01:29:30.480 --> 01:29:33.480] I just don't know where to go. [01:29:33.480 --> 01:29:35.480] Sue her. [01:29:35.480 --> 01:29:37.480] Okay. [01:29:37.480 --> 01:29:38.480] Hang on. [01:29:38.480 --> 01:29:40.480] We're at the count of the rule already. [01:29:40.480 --> 01:29:46.480] I call it number 512-646-1984. [01:29:46.480 --> 01:29:48.480] On the break, go look at our sponsors. [01:29:48.480 --> 01:29:51.480] And this is a little longer break, so have a little more time [01:29:51.480 --> 01:29:56.480] and spend a whole lot of money because Randy's Beer Fund is in terrible shape. [01:29:56.480 --> 01:30:01.480] We'll be right back. [01:30:01.480 --> 01:30:05.480] A lot of people are down on their luck these days, going hungry and homeless. [01:30:05.480 --> 01:30:10.480] But groups that try to feed them face a surprising enemy, their own governments. [01:30:10.480 --> 01:30:13.480] Apparently, no good deed goes unpunished. [01:30:13.480 --> 01:30:16.480] I'm Dr. Catherine Albrecht and I'll be back with details. [01:30:16.480 --> 01:30:18.480] Privacy is under attack. [01:30:18.480 --> 01:30:22.480] When you give up data about yourself, you'll never get it back again. [01:30:22.480 --> 01:30:27.480] And once your privacy is gone, you'll find your freedoms will start to vanish too. [01:30:27.480 --> 01:30:28.480] So protect your rights. [01:30:28.480 --> 01:30:32.480] Say no to surveillance and keep your information to yourself. [01:30:32.480 --> 01:30:34.480] Privacy, it's worth hanging on to. [01:30:34.480 --> 01:30:38.480] This public service announcement is brought to you by StartPage.com, [01:30:38.480 --> 01:30:42.480] the private search engine alternative to Google, Yahoo, and Bing. [01:30:42.480 --> 01:30:45.480] Start over with StartPage. [01:30:45.480 --> 01:30:48.480] Warm-hearted heroes or cold-blooded criminals. [01:30:48.480 --> 01:30:53.480] Three members of a group called Food Not Bombs, including 24-year-old Jessica Cross, [01:30:53.480 --> 01:30:57.480] brought healthy meals to an Orlando park to feed the homeless. [01:30:57.480 --> 01:31:00.480] Despite a city ordinance that allows feeding just 25 people, [01:31:00.480 --> 01:31:04.480] Cross's group fed all 40 hungry souls who arrived. [01:31:04.480 --> 01:31:08.480] The police used their excellent counting skills to detect the crime [01:31:08.480 --> 01:31:10.480] and nabbed the hardened lawbreakers. [01:31:10.480 --> 01:31:12.480] Of course, there's a historical precedent. [01:31:12.480 --> 01:31:15.480] Jesus served thousands with loaves and fishes, [01:31:15.480 --> 01:31:18.480] and he wasn't popular with the local authorities either. [01:31:18.480 --> 01:31:20.480] He was crucified for his kindness, [01:31:20.480 --> 01:31:24.480] while Jessica Cross and her friends face up to 60 days in jail. [01:31:24.480 --> 01:31:25.480] I'm Dr. Catherine Albrecht. [01:31:25.480 --> 01:31:30.480] More news and information at CatherineAlbrecht.com. [01:31:30.480 --> 01:31:35.480] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11. [01:31:35.480 --> 01:31:37.480] The government says that fire brought it down. [01:31:37.480 --> 01:31:42.480] However, 1,500 architects and engineers concluded it was a controlled demolition. [01:31:42.480 --> 01:31:45.480] Over 6,000 of my fellow service members have given their lives. [01:31:45.480 --> 01:31:48.480] Thousands of my fellow first responders are dying. [01:31:48.480 --> 01:31:49.480] I'm not a conspiracy theorist. [01:31:49.480 --> 01:31:50.480] I'm a structural engineer. [01:31:50.480 --> 01:31:52.480] I'm a New York City correction officer. [01:31:52.480 --> 01:31:53.480] I'm an Air Force pilot. [01:31:53.480 --> 01:31:54.480] I'm a father who lost his son. [01:31:54.480 --> 01:31:57.480] We're Americans, and we deserve the truth. [01:31:57.480 --> 01:32:25.480] Go to rememberbuilding7.org today. [01:32:27.480 --> 01:32:28.480] Thank you. [01:32:27.480 --> 01:32:28.480] Thank you. [01:32:28.480 --> 01:32:56.480] Thank you. [01:32:56.480 --> 01:32:59.480] Thank you. [01:32:59.480 --> 01:33:27.480] Thank you. [01:33:27.480 --> 01:33:49.080] Okay, we are back, Randy Kelton, Deborah Stevens, Blue strand Radio, here with Jeff [01:33:49.080 --> 01:33:53.480] Cedrick and we're talking to Jeff in Mississippi. [01:33:53.480 --> 01:34:02.560] Sue the court reporter, she is not a public official, she is a contractor, she [01:34:02.560 --> 01:34:10.760] doesn't have any immunity. So you've been stuck here with this cloud hanging [01:34:10.760 --> 01:34:16.480] over your head, you're unable to relieve the cloud that's hanging over your head [01:34:16.480 --> 01:34:23.680] because she failed to produce a transcript. So what you might do is ask [01:34:23.680 --> 01:34:30.360] her for the actual note she took and you'll take them to another court [01:34:30.360 --> 01:34:37.560] reporter. Do they do a voice recording as well? [01:34:37.560 --> 01:34:46.840] I don't know. Most court reporters nowadays do. You might check that and [01:34:46.840 --> 01:34:51.360] request the voice recording so that you can make your own transcript. You can [01:34:51.360 --> 01:34:56.160] give it to another court reporter and they can make a transcript for you. [01:34:56.160 --> 01:35:09.600] Okay. The rules of this situation is after 90 days the court reporter has to [01:35:09.600 --> 01:35:16.200] request further extensions from the Supreme Court and she has to submit in [01:35:16.200 --> 01:35:23.240] writing why she wasn't able to finish her job. And the only piece of paper that [01:35:23.240 --> 01:35:30.760] I have is a letter from the Supreme Court clerk granting her another extension [01:35:30.760 --> 01:35:37.400] but it's not signed by a judge and no one has turned over any paperwork that [01:35:37.400 --> 01:35:43.840] you know shows cause for her to be late with her job. Have you made a specific [01:35:43.840 --> 01:35:54.080] request for that? No. Let me make a suggestion. I'm learning more about how [01:35:54.080 --> 01:36:02.080] to play politics. You might look in Alabama or Mississippi law for [01:36:02.080 --> 01:36:11.000] pre-litigation discovery. Most states have it in one form or another but you [01:36:11.000 --> 01:36:17.960] might want to do pre-litigation discovery to subpoena the court reporter [01:36:17.960 --> 01:36:27.840] and question her about these procedures she was required to follow. That'll [01:36:27.840 --> 01:36:33.760] get everybody unhappy. Look in your rules of civil procedure for preservation of [01:36:33.760 --> 01:36:43.480] evidence. Because this type of procedure is about preserving evidence. [01:36:43.480 --> 01:36:53.240] Yes I think in the Fed it's rule 70. I think it's question 9. But in the Fed most [01:36:53.240 --> 01:37:02.520] states follow the Fed and the Fed allows you to do depositions. Texas and the Fed [01:37:02.520 --> 01:37:07.920] only allows you to do deposition to preserve evidence and your whole suits [01:37:07.920 --> 01:37:15.440] about preserving evidence. Right. So that tells the court reporter and everybody [01:37:15.440 --> 01:37:19.760] else that you're fixing to file a civil suit against them. And they also know [01:37:19.760 --> 01:37:28.320] that just federal courts have a jaundiced eye towards the state courts. Yeah the rule [01:37:28.320 --> 01:37:37.800] is take this date to the Fed and the Fed to the state. All right. So if you make [01:37:37.800 --> 01:37:44.720] your request under the federal pre-litigation discovery act that'll [01:37:44.720 --> 01:37:48.980] kind of say I'm fixing to do a federal suit against you guys without you [01:37:48.980 --> 01:37:56.200] actually having to say it. It's always better if somebody else figures out what [01:37:56.200 --> 01:37:59.800] they think you're trying to do. It's always worse than what you're actually [01:37:59.800 --> 01:38:12.040] trying to do. Yeah it's kind of like the theme song from Music Man. 76 trombones [01:38:12.040 --> 01:38:19.320] led the big parade with a hundred and ten cornets right behind. Yep. You'll be [01:38:19.320 --> 01:38:30.360] announced. I like it when they think what you're doing rather than you say it. [01:38:30.360 --> 01:38:34.080] When I went into Williamson County and looked through their records and [01:38:34.080 --> 01:38:40.000] wouldn't tell anybody why I was there. I went and sat in a courtroom and one of [01:38:40.000 --> 01:38:44.720] these little assistant district attorneys came over and said sir, sir and [01:38:44.720 --> 01:38:50.240] I looked up and I'm sitting here taking notes. Do you have a case in this court [01:38:50.240 --> 01:38:55.040] today? Oh no no no nothing like that. I go back to writing. Sir, sir and I look up [01:38:55.040 --> 01:39:00.760] yes. Do you have a civil case in this court? No no no nothing like that. I go [01:39:00.760 --> 01:39:05.040] back to writing. Stands there a minute. Sir, sir and I look up and hold up both [01:39:05.040 --> 01:39:10.960] hands with my palms out. No more questions. And you thought I hit him with [01:39:10.960 --> 01:39:16.680] a brick. By the time I got out of that courtroom, the guy I had come down there [01:39:16.680 --> 01:39:24.160] about and looked at his folder, they arrested him for two prescription pills [01:39:24.160 --> 01:39:28.160] and an aspirin bottle. He brought him the prescriptions for both pills. They're [01:39:28.160 --> 01:39:32.720] still trying to prosecute. They dismissed the case, took him to the judge, got the [01:39:32.720 --> 01:39:36.700] judge to sign the order, took him to the clerk, filled out the paperwork. He got [01:39:36.700 --> 01:39:42.880] his bail money back the next day. And that's because the more corrupt they [01:39:42.880 --> 01:39:48.640] are, the more and you come in there and they don't know who you are, the more [01:39:48.640 --> 01:39:52.680] frightened they get. They all run home and they crack the door open on their [01:39:52.680 --> 01:39:57.560] deepest darkest closet and look at those skeletons in there and they're sure [01:39:57.560 --> 01:40:08.440] you're there because of them. So politics works. So have fun with it, Jeff. Do you [01:40:08.440 --> 01:40:17.280] have anything else for us? No, I will call you next week. Okay, stay after them. [01:40:17.280 --> 01:40:23.880] Okay, thank you, Jeff. Now we're going to go to Sonny in Georgia. Hello, Sonny. Hello, [01:40:23.880 --> 01:40:32.040] Randy. How are you doing? I'm doing good. What do you have for us today? Well, I had [01:40:32.040 --> 01:40:41.400] a TRO hearing a couple days ago and I just got the... I was denied. I just got [01:40:41.400 --> 01:40:51.200] the order back and the judge pulled a switcheroo on me in court. Can you [01:40:51.200 --> 01:40:59.560] imagine? No, I wouldn't think judges would do things like that. What did he do? [01:40:59.560 --> 01:41:11.920] He misapplied the statute. He said that I did not... Well, what I was doing, I was [01:41:11.920 --> 01:41:19.760] filing a quiet title action to remove a fraudulent document from the record and [01:41:19.760 --> 01:41:27.920] it was an assignment of the security deed and I was trying to get a temporary [01:41:27.920 --> 01:41:38.800] restraining order to stop the foreclosure sale. The attorney for the... at the [01:41:38.800 --> 01:41:44.840] hearing, the morning of the sale, the attorney for the servicer, they [01:41:44.840 --> 01:41:50.800] represent the SPS, Bank of America, Deutsche Bank, but they said they do not [01:41:50.800 --> 01:41:55.880] represent MERS. They came in and they said, oh, we don't represent MERS. I filed [01:41:55.880 --> 01:42:03.120] a suit. I'd only listed MERS because they're the ones who transferred the... or [01:42:03.120 --> 01:42:12.040] claimed to assign the security deed. Whoa, hold on, stop. You filed a quiet [01:42:12.040 --> 01:42:21.960] title. You're named as a defendant MERS. Yes. And no one else? No one else. Did [01:42:21.960 --> 01:42:29.440] these attorneys present themselves to the court? Yes. Did you object to them? [01:42:29.440 --> 01:42:38.680] Yes. Yes, I did. And the court heard them anyway? Yes. He said, no, just hold on. [01:42:38.680 --> 01:42:45.000] He said, you know, you know, I get to hear them, you know, let me hear and just [01:42:45.000 --> 01:42:49.800] hold on. You'll get your chance to speak. That's what he was trying to say. And I [01:42:49.800 --> 01:42:54.200] would say, you know, look, I object to this. And he said, you know, you'll get [01:42:54.200 --> 01:43:06.040] your chance in a minute. So did he... in his order, did he give indication that [01:43:06.040 --> 01:43:19.000] the defendant had appeared in the court? No, they... Did the defendant file an [01:43:19.000 --> 01:43:31.240] answer? No, there was no answer. Oh, so there was no evidence of any kind before [01:43:31.240 --> 01:43:41.480] the court to oppose your motion to your court title? Not from their side. Not any [01:43:41.480 --> 01:43:46.320] real evidence. Nothing entered. No, no, no, no, no, no, wait. You're missing my [01:43:46.320 --> 01:43:51.560] point. If MERS didn't show up in the court, it doesn't make any difference what [01:43:51.560 --> 01:43:56.600] these other lawyers said. And you should bar Grieve and both of those lawyers and [01:43:56.600 --> 01:44:02.280] ask the court for sanctions. Hang on. You feel tired when talking about important [01:44:02.280 --> 01:44:06.600] topics like money and politics? 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If you don't have a [01:45:20.200 --> 01:45:24.600] lawyer, know what you should do for yourself. Thousands have won with our [01:45:24.600 --> 01:45:29.960] step by step course and now you can too. Jurisdictionary was created by a [01:45:29.960 --> 01:45:35.480] licensed attorney with 22 years of case winning experience. Even if you're not [01:45:35.480 --> 01:45:39.480] in a lawsuit, you can learn what everyone should understand about the [01:45:39.480 --> 01:45:44.280] principles and practices that control our American courts. You'll receive our [01:45:44.280 --> 01:45:50.360] audio classroom, video seminar, tutorials, forms for civil cases, pro se [01:45:50.360 --> 01:45:55.880] tactics, and much more. Please visit ruleoflawradio.com and click on the [01:45:55.880 --> 01:46:16.200] banner or call toll-free 866-LAW-EZ. [01:46:26.120 --> 01:46:37.000] Okay, Randy Kelton back from falling off the cliff again. [01:46:37.000 --> 01:46:43.880] Debra Stevens here with Jeff Cedric and Sonny, something's missing. [01:46:43.880 --> 01:46:47.320] How did these guys get in the court route? How did they get in front of the [01:46:47.320 --> 01:46:49.480] bar? [01:46:49.960 --> 01:46:55.320] What did they tell the court they were doing there? [01:46:55.320 --> 01:47:03.080] I didn't hear them say anything until after the hearing started. [01:47:03.080 --> 01:47:08.200] They were there. Okay, hold on. When the hearing starts, [01:47:08.200 --> 01:47:14.760] the court will generally identify the participants. How did [01:47:14.760 --> 01:47:18.600] these lawyers identify themselves? [01:47:18.600 --> 01:47:24.760] He said that he was not there representing MERS, but he was there [01:47:24.760 --> 01:47:31.880] representing the trustee Deutsche Bank. He was saying that he had an [01:47:31.880 --> 01:47:38.760] interest in the hearing, in the suits. [01:47:38.760 --> 01:47:43.240] Okay, this is a quiet title action. He can do that. [01:47:43.240 --> 01:47:50.520] Well, technically, he doesn't. Okay. No, what I'm saying is, [01:47:50.520 --> 01:47:57.160] you're challenging the public record, [01:47:57.160 --> 01:48:00.280] and it is his public record and it belongs to everybody. [01:48:00.280 --> 01:48:05.240] So, anyone who claims an interest can be heard. [01:48:05.640 --> 01:48:10.120] Now, whether they actually have an interest or not, [01:48:10.120 --> 01:48:15.480] that you can challenge, and you did. You objected to them, [01:48:15.480 --> 01:48:22.440] but they claimed an interest. Did you refer the judge to the public record [01:48:22.440 --> 01:48:26.360] in order to establish their interest? [01:48:27.000 --> 01:48:34.920] Yes, I did. As I tried to explain to the judge [01:48:34.920 --> 01:48:42.520] how he kept cutting me off. He would not [01:48:42.520 --> 01:48:48.280] let me show, because I was ready to show that [01:48:48.280 --> 01:48:52.520] Deutsche Bank did not have an interest because [01:48:52.520 --> 01:48:59.560] it was on its face clear to the court [01:48:59.560 --> 01:49:04.200] that Deutsche Bank, they were never the trustee [01:49:04.200 --> 01:49:08.440] because it was never transferred. It was transferred six years after [01:49:08.440 --> 01:49:11.720] the pooling and service agreement cut off date. [01:49:11.720 --> 01:49:14.680] So... [01:49:15.560 --> 01:49:19.160] Well, I can, you know, just under what you got through saying to us, [01:49:19.160 --> 01:49:22.440] just now, I can understand the judge cutting you off. [01:49:22.440 --> 01:49:25.560] It doesn't make any sense. Okay. [01:49:27.080 --> 01:49:30.760] Yeah, I never even got that far. I just made some pooling and service agreement, [01:49:30.760 --> 01:49:32.840] and he just said... Yeah, and it said, you know, as far as [01:49:32.840 --> 01:49:36.600] they're concerned, pooling and service agreement is none of your business. [01:49:36.600 --> 01:49:41.960] What's on the record that shows it was transferred into the dress? [01:49:43.960 --> 01:49:48.920] Well, yeah, that's why I was saying public record because [01:49:49.320 --> 01:49:54.520] the question should have been, where is there evidence in the public [01:49:54.520 --> 01:49:59.560] record that Deutsche Bank has any claim to this property? [01:49:59.560 --> 01:50:04.840] Right. Yeah, that's all it matters. [01:50:04.840 --> 01:50:08.600] The pooling and service agreement, Jeff is right, don't mean anything. [01:50:08.600 --> 01:50:12.120] It's not in the public record. The only thing the judge can [01:50:12.120 --> 01:50:15.400] see or hear is he can see what's in the record, [01:50:15.400 --> 01:50:20.040] it can hear something said about what's in the record. [01:50:20.040 --> 01:50:24.040] I stood in an eviction hearing. The lawyer brought up a [01:50:24.040 --> 01:50:27.560] substitute trustees deed objection, your honor. [01:50:27.560 --> 01:50:32.520] I have here a printout from the County Clerk's Office where I had the [01:50:32.520 --> 01:50:37.800] clerk do a search in the record for this property. [01:50:37.800 --> 01:50:41.080] You'll see that a trustee's deed is not listed there, [01:50:41.080 --> 01:50:44.680] and the trustee deed he's offering to this court does not have a [01:50:44.680 --> 01:50:48.120] court stamp on it. Well, Mr. Kalkin, he has one. [01:50:48.120 --> 01:50:52.840] Yes, he does, your honor, but you can't see it. [01:50:53.560 --> 01:50:56.680] He decided he could anyway and ruled against you with the I have filed [01:50:56.680 --> 01:51:00.680] criminal charges against him. But the point is it's not in the record [01:51:00.680 --> 01:51:03.240] so the judge can't see it, it's not before the court. [01:51:03.240 --> 01:51:07.320] The pooling and servicing agreement is never going to be before this court, [01:51:07.320 --> 01:51:10.360] not this court, because this court is about [01:51:10.360 --> 01:51:15.080] public record. So the objection should have been [01:51:15.080 --> 01:51:18.600] there's nothing in the public record that shows that the [01:51:18.600 --> 01:51:23.720] that Deutsche Bank has any interest in this matter. [01:51:23.720 --> 01:51:29.240] They claimed that that the assignment was [01:51:29.240 --> 01:51:33.000] was was proof as they were the proposed holder. [01:51:33.000 --> 01:51:37.400] Sir, your challenge is the public record, as Randy said. [01:51:37.400 --> 01:51:40.920] You did not mention the public record's absence of that. [01:51:40.920 --> 01:51:43.400] You lose. [01:51:44.120 --> 01:51:49.560] Hold on. Who assigned what to who? [01:51:49.560 --> 01:51:58.040] Southern Lenders Mortgage through their nominee MERS [01:51:58.040 --> 01:52:06.120] transferred the security deed to the trust and Deutsche Bank is trustee. [01:52:06.120 --> 01:52:08.840] They had standing. [01:52:10.600 --> 01:52:14.280] Because they had standing based on the on the [01:52:14.280 --> 01:52:18.440] face of the document. They're named in the document. [01:52:18.440 --> 01:52:22.200] Now you're saying the document's not valid and they're coming to say oh yeah [01:52:22.200 --> 01:52:26.920] it is valid. And it's got my name on it so I have a [01:52:26.920 --> 01:52:31.720] right to to stand before the court and raise the issue. [01:52:31.880 --> 01:52:36.360] So they were right. They did have standing. Okay. [01:52:36.840 --> 01:52:40.040] But it still is not in the public record? No, no, no, yeah it is. [01:52:40.040 --> 01:52:44.520] Yeah this is what he he's challenging an assignment that's in the public record. [01:52:44.520 --> 01:52:47.720] Oh okay. I thought it was just a MERS which is not recorded. [01:52:47.720 --> 01:52:51.800] My mistake? Yeah this one's in the record so since [01:52:51.800 --> 01:52:55.240] they were named in that document in the record that gave them standing. [01:52:55.240 --> 01:53:02.520] Okay. I was talking to to Sonny. [01:53:04.600 --> 01:53:07.720] Does that make sense Sonny? [01:53:10.440 --> 01:53:16.760] Sonny did we lose you? Oh well looks like we lost Sonny. [01:53:16.760 --> 01:53:21.560] Okay we're going to Charles in Georgia. We got five minutes [01:53:21.560 --> 01:53:25.560] left. Hello Charles. What do you have for us today? [01:53:25.560 --> 01:53:29.880] How's it going Randy? I was following up with what we talked about last week [01:53:29.880 --> 01:53:35.240] about the rule 12b6 filing. [01:53:35.240 --> 01:53:39.640] Yes you got just the right guy here. [01:53:39.640 --> 01:53:44.280] You were putting in you we were talking about how [01:53:44.280 --> 01:53:50.280] rule 12b6 if you claim fraud it's going to get you to rule 12b6. [01:53:50.280 --> 01:53:53.320] Oh wait a minute wait a minute hold on I'm thinking somebody else. You already [01:53:53.320 --> 01:53:58.520] have a rule 12b6 that's right? No I don't have it in yet. [01:53:58.520 --> 01:54:03.640] No I've just gotten the um I've just gotten my my [01:54:03.640 --> 01:54:07.800] my notes back from the appeals. Okay hold on let's back up. [01:54:07.800 --> 01:54:11.320] We've only got five minutes so very quickly what's your situation? I'm [01:54:11.320 --> 01:54:14.760] mixing you up with someone else. [01:54:16.920 --> 01:54:22.680] Now I'm drawing a blank on my situation. You need to talk to Jeff [01:54:22.680 --> 01:54:25.240] Sedgwick. [01:54:27.240 --> 01:54:31.880] No um what has happened I'm I'm the one with the um [01:54:31.880 --> 01:54:38.200] the paternity issue. Oh my. Georgia Michigan paternity. I've had the [01:54:38.200 --> 01:54:44.440] case removed from the county court to a federal court. [01:54:44.440 --> 01:54:49.080] Okay we couldn't hear you you need to keep the mic close to your mouth. [01:54:49.080 --> 01:54:52.600] Okay can you hear me now is this a little bit better? Yeah yeah it sounds [01:54:52.600 --> 01:54:55.880] like you turned your head away from the mic or something. [01:54:55.880 --> 01:55:00.840] Okay go ahead um what what has happened is um I've had the case [01:55:00.840 --> 01:55:03.960] uh I'm having the case removed from the county court [01:55:03.960 --> 01:55:08.760] to the federal court. County court being in Michigan? [01:55:08.760 --> 01:55:14.440] Yes. Okay I thought I remembered. Yeah and now you you were going to file a [01:55:14.440 --> 01:55:17.320] 12b6. [01:55:17.400 --> 01:55:22.520] Yes that's what we discussed last week is um I need to read up on what a 12b6 is [01:55:22.520 --> 01:55:25.080] and I'm looking at the Stanford Law Review and it looks [01:55:25.080 --> 01:55:30.520] just this this Stanford Law Review is 27 pages and it looks like I'm going to [01:55:30.520 --> 01:55:33.480] have to read this about seven times to actually understand what the hell is [01:55:33.480 --> 01:55:37.240] going on. Well I suggest you serve the name if you [01:55:37.240 --> 01:55:40.600] get two or three maybe even four or five articles on [01:55:40.600 --> 01:55:46.760] failure to state a claim which is what 12b6 is. [01:55:46.760 --> 01:55:52.760] Yes and read up as much as you possibly can on it. It's not an [01:55:52.760 --> 01:55:57.880] it's not an easy topic it can be a very difficult topic [01:55:57.880 --> 01:56:02.440] and it basically goes to court lacks subject matter jurisdiction [01:56:02.440 --> 01:56:07.480] but they don't like hearing that they much rather hear 12b6 [01:56:07.480 --> 01:56:15.480] failure to state a claim. Right Randy? Exactly if you fail to state a claim [01:56:15.480 --> 01:56:19.000] that for which the court can grant remedy [01:56:19.000 --> 01:56:25.240] now you can state the claim but if if it's not a claim for which the [01:56:25.240 --> 01:56:31.800] court can grant remedy then you you have been failed to [01:56:31.800 --> 01:56:36.040] invoke the subject matter jurisdiction in the court. Right. [01:56:36.040 --> 01:56:40.040] That's the argument. See Jaddy made claims [01:56:40.040 --> 01:56:46.440] but they're not claims that this court can hear. Your claims are insufficient. [01:56:48.440 --> 01:56:54.200] Well this come after Ashcroft Twombly [01:56:54.200 --> 01:57:03.560] Ashcroft Tongue-Tightly Lee. How about Ashcroft the [01:57:03.560 --> 01:57:10.360] Ickball? Ickball. Might be easier to say. Yeah Ickball is a little easier [01:57:10.360 --> 01:57:15.320] but you you can't just give notice pleadings anymore [01:57:15.320 --> 01:57:18.920] and when they passed these they said it wasn't their intention to [01:57:18.920 --> 01:57:23.960] to raise the pleading standard but they raised the pleading standard to an [01:57:23.960 --> 01:57:28.680] almost impossible standard. You almost literally have to [01:57:28.680 --> 01:57:32.120] adjudicate your case in the original pleading [01:57:32.120 --> 01:57:35.480] but then on the other hand I can understand [01:57:35.480 --> 01:57:42.120] why it's better that way because the other side gets notice of what your [01:57:42.120 --> 01:57:45.160] claims really are. [01:57:45.560 --> 01:57:48.920] But it makes it more difficult it's unsettled. [01:57:48.920 --> 01:57:54.680] What the Supreme Court did is raise the bar to the complaint [01:57:54.680 --> 01:58:00.520] has to be plausible without a definition of plausible. [01:58:00.520 --> 01:58:06.760] So it's just whatever the judge as you decide suits you at the [01:58:06.760 --> 01:58:13.080] moment. Very much so. So do your reading [01:58:13.080 --> 01:58:17.560] and then call back in next week and kind of give us a synopsis of what you [01:58:17.560 --> 01:58:21.560] found out. We are out of time this is Randy [01:58:21.560 --> 01:58:25.640] Kelton, Debra Stevens, Radio, [01:58:25.640 --> 01:58:28.840] and here with Jeff Sedgert. Thank you Jeff for your [01:58:28.840 --> 01:58:36.040] valuable input and your comedy second. [01:58:36.040 --> 01:58:40.040] I hope I didn't take the other caller away. [01:58:40.040 --> 01:58:44.760] Mississippi or Georgia? Georgia. [01:58:44.760 --> 01:58:50.360] Okay hang on we're out of time. [01:58:50.360 --> 01:58:53.880] Bibles for America is offering absolutely free [01:58:53.880 --> 01:58:57.880] a unique study Bible called the New Testament Recovery Version. [01:58:57.880 --> 01:59:02.520] The New Testament Recovery Version has over 9,000 footnotes that explain what [01:59:02.520 --> 01:59:06.600] the Bible says verse by verse helping you to know God [01:59:06.600 --> 01:59:10.840] and to know the meaning of life. Order your free copy today from Bibles for [01:59:10.840 --> 01:59:16.760] America. Call us toll free at 888-551-0102 [01:59:16.760 --> 01:59:22.920] or visit us online at bfa.org. This translation is highly accurate [01:59:22.920 --> 01:59:26.200] and it comes with over 13,000 cross references [01:59:26.200 --> 01:59:30.280] plus charts and maps and an outline for every book of the Bible. [01:59:30.280 --> 01:59:34.600] This is truly a Bible you can understand. 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