ROL_2010-10-15_16k_Hr1-2.timecode
[00:00.000 --> 00:04.360] This news brief brought to you by the International News Net.
[00:04.360 --> 00:09.680] Athens riot police clashed with protesting workers barricading the Acropolis Thursday
[00:09.680 --> 00:15.040] using tear gas and pepper spray to clear the entrance to Greece's most famous ancient site.
[00:15.040 --> 00:20.120] Culture ministry workers owed up to 22 months back pay, padlocked themselves inside the
[00:20.120 --> 00:23.760] building refusing to unlock doors until they were paid.
[00:23.760 --> 00:30.240] Tourists snapped photographs as riot police violently dispersed the strikers.
[00:30.240 --> 00:34.680] The Obama administration said Wednesday health insurance companies could charge higher premiums
[00:34.680 --> 00:39.240] for coverage of children with serious medical problems if state law allowed it.
[00:39.240 --> 00:44.760] Earlier this year major insurers stopped issuing new child only policies saying the administration's
[00:44.760 --> 00:49.680] interpretation of the new healthcare law would allow families to buy coverage after children
[00:49.680 --> 00:52.080] became ill.
[00:52.080 --> 00:58.000] The advocacy group Campaign for Innocent Victims in Conflict reports Islamabad and Washington
[00:58.000 --> 01:03.760] must publicly track civilian deaths from military operations and drone strikes in Pakistan and
[01:03.760 --> 01:06.640] compensate the families of those killed.
[01:06.640 --> 01:11.440] Their report warned the Pakistani government and military risked undermining public support
[01:11.440 --> 01:17.680] for the war against Taliban and Al-Qaeda militants and cautioned the US that failure to provide
[01:17.680 --> 01:23.800] greater transparency could drive more people to join the extremists.
[01:23.800 --> 01:28.440] The whistleblowing group WikiLeaks claims it has had its funding blocked and is the
[01:28.440 --> 01:32.080] victim of financial warfare by the US government.
[01:32.080 --> 01:37.360] Money Bookers, a UK registered internet company that collects WikiLeaks donations, emailed
[01:37.360 --> 01:41.880] the organization to say it had closed its account because WikiLeaks had been put on
[01:41.880 --> 01:44.680] US and Australian government watch lists.
[01:44.680 --> 01:49.320] The blacklisting came a few days after the Pentagon expressed anger at WikiLeaks founder
[01:49.320 --> 01:54.160] Julian Assange, an Australian citizen, for obtaining thousands of classified military
[01:54.160 --> 01:56.720] documents about the war in Afghanistan.
[01:56.720 --> 02:01.800] The documents caused a sensation when they were published, revealing hitherto unreported
[02:01.800 --> 02:03.440] civilian casualties.
[02:03.440 --> 02:09.080] WikiLeaks defied Pentagon calls to return the war logs and destroy all copies.
[02:09.080 --> 02:15.080] Instead, WikiLeaks said it intends to release an even larger cache of military documents
[02:15.080 --> 02:19.800] disclosing other abuses in Iraq.
[02:19.800 --> 02:24.800] Photographs and video footage were published Wednesday on the website michaelmoore.com
[02:24.800 --> 02:29.520] of more detainee abuse at the hands of US military personnel in Iraq.
[02:29.520 --> 02:35.280] Evidence of the degrading treatment of prisoners was posted by Ethan McCord of Bravo Company
[02:35.280 --> 02:41.880] 216, the same unit involved in the collateral murder WikiLeaks video of civilians and reporters
[02:41.880 --> 02:45.920] gunned down from a US helicopter in 2007.
[02:45.920 --> 02:51.520] The videos and photographs show soldiers mentally and emotionally abusing detainees, laughing
[02:51.520 --> 02:53.800] at them and posing with them.
[02:53.800 --> 02:58.480] McCord urged the public to direct its anger toward the system rather than the individual
[02:58.480 --> 02:59.480] soldiers.
[02:59.480 --> 03:06.480] This news brief brought to you by the International News Net.
[03:29.480 --> 03:36.480] This news brief brought to you by the International News Net.
[03:59.480 --> 04:15.920] Bad boys, bad boys.
[04:15.920 --> 04:23.920] What are you going to do when we come for you here on the rule of law, ruleoflawradio.com?
[04:23.920 --> 04:35.040] Tonight is Friday, October 15, 2010 and we are on our four hour Friday info marathon
[04:35.040 --> 04:40.520] and tonight we've got Randy Kelton of course, Eddie Craig will be taking your calls and
[04:40.520 --> 04:46.600] Randy is going to start off by talking about the fraud in the mortgage industry.
[04:46.600 --> 04:50.240] So, Randy, what do you got for us tonight?
[04:50.240 --> 04:56.880] Yes, we've been talking about what we expected to happen in the mortgage industry for quite
[04:56.880 --> 05:06.240] a while since the back in March when the legislature allotted a couple hundred million to the FBI
[05:06.240 --> 05:13.200] to look into financial fraud, we pretty well expected that around June or July they would
[05:13.200 --> 05:23.560] start indicting which they did and I expected them to start prosecuting in September, October
[05:23.560 --> 05:30.200] but what they did was far more extensive than prosecuting a few chumps.
[05:30.200 --> 05:36.480] They pretty well dropped the sky on the mortgage industry.
[05:36.480 --> 05:42.240] We expected them to throw them to the wolves but not quite this far.
[05:42.240 --> 05:48.480] We've been getting some remarkable rulings out of the court, we got a couple of rulings
[05:48.480 --> 05:58.400] out of San Diego bankruptcy courts where guys went into chapter seven bankruptcy, listed
[05:58.400 --> 06:10.880] their property as unsecured, as an unsecured debt and what that did was put the bankruptcy
[06:10.880 --> 06:20.080] court in a position to force the lender to prove that he had a valid claim and they weren't
[06:20.080 --> 06:21.080] able to do it.
[06:21.080 --> 06:27.120] There were two primary decisions, first one was just an individual mortgage company saying
[06:27.120 --> 06:31.960] you come into the court and claim you are the holder of the note but you failed to prove
[06:31.960 --> 06:34.520] it up so they threw them out.
[06:34.520 --> 06:43.520] The next one went to MERS, Mortgage Electronic Registration Service and MERS is on some 62
[06:43.520 --> 06:52.600] million notes and MERS claimed to be the nominee for the lender, the trustee and beneficiary
[06:52.600 --> 06:59.280] with authority to foreclose and they presented their evidence to the court and the court
[06:59.280 --> 07:10.200] said absolutely not, you are not in a position to foreclose because you have no interest
[07:10.200 --> 07:16.160] in the property, you have no monetary interest in the property, you cannot foreclose.
[07:16.160 --> 07:27.480] This put 62 million consumer notes in jeopardy so with that and then apparently China is
[07:27.480 --> 07:34.840] going after Bank of America in the Hague for selling these security instruments to China
[07:34.840 --> 07:43.760] 20 to 30 times over and China is not happy about it.
[07:43.760 --> 07:51.520] So we're looking at what's going on and I was trying to imagine how can they fix this?
[07:51.520 --> 08:01.760] What is happening is we've also had a number of media news reports, big time, Good Morning
[08:01.760 --> 08:10.600] America, all the standard government owned news agencies are now reporting on foreclosure
[08:10.600 --> 08:21.120] issue and Good Morning America, they warned people against purchasing at foreclosure sales
[08:21.120 --> 08:28.040] because of the break in the chain of title, because the lender sold the security instrument
[08:28.040 --> 08:38.000] that the borrower gave them to promise to pay, he took the note where the borrower promised
[08:38.000 --> 08:46.560] to pay the lender, converted it to a security instrument and sold it to an investment pool.
[08:46.560 --> 08:52.440] Now the investment pool then took that note and combined it with a whole bunch of others,
[08:52.440 --> 08:59.440] combined all of those into a real estate mortgage investment conduit and sold percentages of
[08:59.440 --> 09:08.120] that group of notes to a number of different investors and then they took these different
[09:08.120 --> 09:16.880] remics and adjusted their income rates, so if one is producing a lot of income and another
[09:16.880 --> 09:20.360] one is not, the one producing a lot of income is going to have to pay taxes.
[09:20.360 --> 09:25.680] So they would move some of the notes from one to the other to take one that's not producing
[09:25.680 --> 09:31.680] well and bring it up to the point just before it would have to pay taxes and reduce the
[09:31.680 --> 09:36.800] one that's making a profit down to the point that it doesn't have to pay taxes, so they're
[09:36.800 --> 09:43.840] adjusting their income tax, but in the process they're shifting these notes around in such
[09:43.840 --> 09:53.680] a complex structure that now nobody knows who has a claim against the title.
[09:53.680 --> 10:00.920] The claim against the title has essentially been lost in all this trading.
[10:00.920 --> 10:09.760] It was required that the sale of a security instrument based on a consumer mortgage be
[10:09.760 --> 10:18.160] filed in the public record with the county recorder's office, but MERS, Mortgage Electronic
[10:18.160 --> 10:24.680] Registration Service, a consortium of banks put together this company claiming that the
[10:24.680 --> 10:29.420] requirement to register the sale of a security instrument with the clerk of the court was
[10:29.420 --> 10:32.920] archaic, cumbersome, and costly.
[10:32.920 --> 10:41.140] So they put together this whiz-bang company where these investment vehicles could register
[10:41.140 --> 10:50.840] the security instrument electronically with MERS and then MERS would stand as the supposed
[10:50.840 --> 10:58.440] holder of the note while all of these trades went on in the background.
[10:58.440 --> 11:04.040] That way they figured they wouldn't have to file each of these trades with the clerk of
[11:04.040 --> 11:05.040] the court.
[11:05.040 --> 11:12.680] Well, the courts are saying that that does not meet the requirements or the intent of
[11:12.680 --> 11:19.920] the law and that MERS cannot stand as the holder of the note when MERS has no economic
[11:19.920 --> 11:24.440] investment in the note, and that was the big deal about MERS.
[11:24.440 --> 11:30.880] Only Chase stopped doing business with MERS in 2008.
[11:30.880 --> 11:36.400] They saw this problem coming and got out of MERS that far back.
[11:36.400 --> 11:48.500] Well, it's taken until just before the election for the issue of the mortgage to become political.
[11:48.500 --> 11:54.680] One who thinks that if they go out and find just the right law, just the right statute,
[11:54.680 --> 12:01.000] just the right case law and support, that magically the courts are going to jump up
[12:01.000 --> 12:05.880] and say, oh boy, look at this, you got us.
[12:05.880 --> 12:09.440] You are right, you win the jackpot.
[12:09.440 --> 12:12.760] They are naive.
[12:12.760 --> 12:19.960] In the end, the law only sort of matters.
[12:19.960 --> 12:24.200] In the end, everything is political.
[12:24.200 --> 12:31.480] And the lender was getting blown out of court up until it became clear that the sleeping
[12:31.480 --> 12:39.320] giant is not sleeping anymore, that the brain dead public is not so brain dead anymore.
[12:39.320 --> 12:44.400] They are waking up and they are angry.
[12:44.400 --> 12:49.120] All of the members of the House of Representatives are up for reelection, they are going in.
[12:49.120 --> 12:54.440] At last I heard was an 11% approval rating, and that was down from 12, I suspect it's
[12:54.440 --> 12:57.360] down further by now.
[12:57.360 --> 13:03.920] So the politicians have to do something to get the voter back.
[13:03.920 --> 13:07.640] And we've been saying they are going to throw the lender to the wolves, and we intend to
[13:07.640 --> 13:08.640] be the wolves.
[13:08.640 --> 13:14.840] So that's precisely what they are doing, except they are doing it big time.
[13:14.840 --> 13:25.280] GMAC first stopped all foreclosures in 23 states, which are the judicial foreclosure
[13:25.280 --> 13:29.600] states, states where they have to go to the courts, and that's because the paperwork
[13:29.600 --> 13:32.440] was faulty.
[13:32.440 --> 13:37.000] Then Bank of America stopped in all 23 states, and just a few days later they stopped in
[13:37.000 --> 13:39.720] all of the states.
[13:39.720 --> 13:45.160] These guys see the sky falling in around them, they know they don't have the paperwork.
[13:45.160 --> 13:49.160] The courts are coming after them for not having the paperwork, and they are counting on another
[13:49.160 --> 13:52.520] bailout by the legislature.
[13:52.520 --> 13:59.440] The problem is, is if they try this, just about everybody that's in office now is likely
[13:59.440 --> 14:06.200] to get voted out, or a very good percentage of them.
[14:06.200 --> 14:13.720] They will be electing more politicians, and eventually they will all become as corrupt
[14:13.720 --> 14:16.840] as the ones we have in there.
[14:16.840 --> 14:23.680] But initially, a good portion of them are going to go in there with somewhat high ideals,
[14:23.680 --> 14:28.780] and it will take a while to buy them and jade them.
[14:28.780 --> 14:32.360] So we have a window of opportunity.
[14:32.360 --> 14:41.640] I'm hoping that even if this lame duck legislature passes treasonous legislation to try to protect
[14:41.640 --> 14:46.600] these lenders, that we'll be able to get that thrown out and overturned by the incoming
[14:46.600 --> 14:52.760] legislature, and put them back on the dime where they belong.
[14:52.760 --> 14:53.760] So far, so good.
[14:53.760 --> 15:01.440] There's a good chance that of all the some 200 suits we have out there right now, there's
[15:01.440 --> 15:04.520] a good chance all of them could win.
[15:04.520 --> 15:07.640] Good chance they could win by default.
[15:07.640 --> 15:14.400] Now in the overall scheme of things, that's really less than a drop in the bucket.
[15:14.400 --> 15:22.080] But we are gaining momentum all the time, and there's a good chance that in the next
[15:22.080 --> 15:27.380] year or two, not just us, but other people who are doing essentially the same thing and
[15:27.380 --> 15:33.840] trying to help people, will begin to gain enough momentum to keep enough of the equity
[15:33.840 --> 15:40.840] in the hands of the American public to keep this country from crashing and burning completely.
[15:40.840 --> 15:47.920] And during the research, the more we dig, the more garbage we find.
[15:47.920 --> 15:55.000] Right now, it's very clear that it has been in the lenders' best interest to create a
[15:55.000 --> 16:03.400] good note they intended to default, because they profited at every turn.
[16:03.400 --> 16:12.600] And the deeper we dig, the more intricate becomes the conspiracy to defraud the American
[16:12.600 --> 16:19.320] public, not just the lender, but everyone.
[16:19.320 --> 16:26.880] One of the things that came up recently is this thing of all of these mortgage companies
[16:26.880 --> 16:29.160] bankrupting.
[16:29.160 --> 16:39.640] These mortgage companies are creating predatory loans hand over fist, and they're going bankrupt.
[16:39.640 --> 16:40.640] What is going on?
[16:40.640 --> 16:46.960] When we come back from break, I'll explain what's going on.
[16:46.960 --> 16:50.600] It's set up that way, and it's set up to defraud us all.
[16:50.600 --> 16:54.320] You want to take us out, Deb?
[16:54.320 --> 16:55.320] I'll go ahead and remember.
[16:55.320 --> 16:56.320] We'll be right back.
[16:56.320 --> 16:57.320] Call me back.
[16:57.320 --> 16:58.320] Thanks, Deb.
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[18:50.000 --> 18:59.000] That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt
[18:59.000 --> 19:10.040] collectors now.
[19:10.040 --> 19:30.320] Thank you, Justin, yeah, whoa, my world is spinning like it's out of control, on the
[19:30.320 --> 19:33.320] edge of a hole inside a deep dark bone.
[19:33.320 --> 19:42.880] I'm always on the lookout for something to suit my soul, so I sit back and I watch the
[19:42.880 --> 19:55.880] evidence unfold, and I see justice is the door, yeah, justice is the door.
[19:55.880 --> 20:12.240] Okay, this is Eddie Craig, Debra Stevens, Randy Kelton, Rule of Law Radio, and we were
[20:12.240 --> 20:19.400] talking about the real estate mortgage industry and what a mess it is in.
[20:19.400 --> 20:25.480] We're talking about why all of these mortgage companies are going out of business.
[20:25.480 --> 20:27.800] They're making money hand over fist.
[20:27.800 --> 20:30.760] They're stealing from everybody they deal with.
[20:30.760 --> 20:32.280] They steal from the borrower.
[20:32.280 --> 20:34.080] They steal from the investor.
[20:34.080 --> 20:39.880] They steal from everyone, the taxpayer, everybody, but they keep going out of business.
[20:39.880 --> 20:41.040] They keep bankrupting.
[20:41.040 --> 20:43.040] What is the deal?
[20:43.040 --> 20:52.560] Well, what the deal may be is that the mortgage company is not what it appears to be, a private
[20:52.560 --> 20:58.840] company trying to secure consumer mortgage notes and then sell them to the special purpose
[20:58.840 --> 20:59.840] vehicle.
[20:59.840 --> 21:07.880] It appears as though the mortgage company may actually be an undisclosed arm of the
[21:07.880 --> 21:16.880] special purpose vehicle, that the consortium who is putting together the investment conduit
[21:16.880 --> 21:23.440] actually is creating the mortgage company and having the mortgage company create these
[21:23.440 --> 21:32.440] predatory loans and then transfer the loans via a purported sale from the mortgage company
[21:32.440 --> 21:35.920] to the special purpose vehicle.
[21:35.920 --> 21:41.880] The reason they would do this is so they can use the mortgage company to hide their profits
[21:41.880 --> 21:42.880] from the IRS.
[21:42.880 --> 21:48.640] It's a little complex, but this is how it works.
[21:48.640 --> 21:56.440] Chase, Wells Fargo, Bank of America, Fannie Mae, Freddie Mac, they all got together and
[21:56.440 --> 22:04.400] implemented rules that say that only the mortgage company can hire appraisers.
[22:04.400 --> 22:06.880] The borrower can't hire his own appraiser.
[22:06.880 --> 22:11.920] The mortgage company has exclusive right to hire the appraiser.
[22:11.920 --> 22:19.080] This gives the mortgage company undue influence over the appraiser so that the mortgage company
[22:19.080 --> 22:27.840] has opportunity to exert undue influence on the appraiser to induce the appraiser to over
[22:27.840 --> 22:30.960] appraise the property.
[22:30.960 --> 22:45.280] That allows the lender to extract the higher mortgage from the borrower and when the mortgage
[22:45.280 --> 22:53.920] company secures the note and purportedly sells it to the special purpose vehicle, they discount
[22:53.920 --> 23:01.200] the note from the inflated value the appraiser, they induce the appraiser to give down to
[23:01.200 --> 23:09.920] the value that the property should be at and thereby show a loss.
[23:09.920 --> 23:19.640] This allows the special purpose vehicle to get the security instrument at a hidden profit
[23:19.640 --> 23:23.400] because each time the mortgage company transfers a security instrument to the special purpose
[23:23.400 --> 23:30.640] vehicle they show a loss on each transaction and subsequently go to the bankruptcy courts,
[23:30.640 --> 23:38.520] file for bankruptcy and in the process defraud the bankruptcy court and evade their income
[23:38.520 --> 23:39.520] tax.
[23:39.520 --> 23:46.600] It keeps the special purpose vehicle from having to pay the income tax but in the process
[23:46.600 --> 23:55.160] it defrauds everyone for a number of reasons, one of which is the original perpetrators
[23:55.160 --> 24:01.720] of the fraud disappear, the company goes out of business, the employees disappear and turn
[24:01.720 --> 24:11.000] up with other companies, makes it very difficult to find who to go after when you detect the
[24:11.000 --> 24:19.200] fraud and we're having a problem now with knowing who to sue because whoever we sue
[24:19.200 --> 24:26.240] they come back and say oh you sued the wrong person, you need to sue somebody else and
[24:26.240 --> 24:30.400] when we go for them they say oh you need to sue somebody else so they obscure the real
[24:30.400 --> 24:37.960] party in interest in this way and help to hide the fraud that they've perpetrated.
[24:37.960 --> 24:44.280] So we're beginning to sort out how they're doing these things and we're finding a lot
[24:44.280 --> 24:52.360] of other things, one of the solutions we're putting together right now to this problem
[24:52.360 --> 25:02.920] where they obscure the true, the real party in interest is we're working up a way to go
[25:02.920 --> 25:09.120] after them so we don't have to worry about who the real party in interest is, whoever
[25:09.120 --> 25:21.200] the attorney firm is who is actually promoting the foreclosure we sue that attorney, we sue
[25:21.200 --> 25:28.800] the attorney firm individually and claim that the attorney firm is a fraud, that they have
[25:28.800 --> 25:37.880] fraudulently perpetrated an illegal foreclosure, that they claim to be the agent for the principal
[25:37.880 --> 25:46.520] with authority to express the lien and we say they're liars, they're no such thing,
[25:46.520 --> 25:50.960] they just made this up, they just came to the court and filed false documents with the
[25:50.960 --> 25:57.600] court claiming they have agency and they have no agency, we maintain they're not the agent
[25:57.600 --> 26:03.080] for the principal because they don't even know who the principal is and this has been
[26:03.080 --> 26:12.640] the key issue, this is the key issue that goes to chain of title, chain of title is
[26:12.640 --> 26:20.200] emerging as the single most important issue in the foreclosure process, the United States
[26:20.200 --> 26:29.560] became a mecca for foreign investment and subsequently became the most powerful economic
[26:29.560 --> 26:35.960] engine on the planet, the reason the United States was a mecca for foreign investment
[26:35.960 --> 26:42.120] is that a foreign investor could come to the United States and purchase property and trace
[26:42.120 --> 26:48.240] the chain of title to that property all the way back to the original land grab because
[26:48.240 --> 26:54.880] from the beginning this country has required that every change of hand of property be filed
[26:54.880 --> 27:02.240] in the public record with the county recorder's office and this gave us an absolutely stable
[27:02.240 --> 27:09.280] property base, with what the lenders are doing now they will destabilize this country for
[27:09.280 --> 27:17.360] generations, the courts have been allowing these lenders to come in and foreclose on
[27:17.360 --> 27:27.000] properties without establishing a clear and uninterrupted chain of title and Good Morning
[27:27.000 --> 27:34.400] America recently they had a big article on this and they warned people against purchasing
[27:34.400 --> 27:41.880] properties at foreclosure sales because when you purchase at a foreclosure sale you purchase
[27:41.880 --> 27:49.360] at your peril and the title insurance companies are rewriting their policies and refusing
[27:49.360 --> 27:55.080] to write title insurance on these properties foreclosed on without a clear uninterrupted
[27:55.080 --> 28:04.360] chain of title, so it doesn't take a financial wizard to understand the kinds of problems
[28:04.360 --> 28:12.720] this will cause if you go to a foreclosure sale and purchase property then try to resell
[28:12.720 --> 28:17.280] that property you're not going to be able to get title insurance and no one in their
[28:17.280 --> 28:23.640] right mind would buy that property because it was purchased at foreclosure purchased
[28:23.640 --> 28:30.400] at their peril so any claim against title that shows up later leaves the purchaser without
[28:30.400 --> 28:48.520] any course they lose the property they are screwed but in the longer run
[28:48.520 --> 28:56.560] Randy sorry folks it looks like we lost Randy try to get him back here we're about to go
[28:56.560 --> 29:06.520] to break anyways so this is a very serious issue this lack of chain of title and another
[29:06.520 --> 29:12.200] thing I wanted to comment on when Randy was talking about this bailout issue yeah these
[29:12.200 --> 29:22.220] people these banks are literally banking hand over fist here but yet they're still failing
[29:22.220 --> 29:27.520] and they have to be bailed out well in Jared Griffin's book the creature from Jekyll Island
[29:27.520 --> 29:33.600] there's a whole chapter titled there's a whole chapter on the bailout it's titled the name
[29:33.600 --> 29:38.640] of the game is bailout this has been going on ever since ever since it's set up purposely
[29:38.640 --> 29:44.560] it's by design okay folks we'll be right back on the other side of this break this is the
[29:44.560 --> 30:00.920] rule of law
[30:00.920 --> 30:05.880] Christ fed the multitude with only one loaf of bread poor people there's something for
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[30:34.360 --> 30:38.520] real books I'm dr. Catherine Albrecht and I'll be right back to explain how replacing
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[30:44.840 --> 30:49.880] recording all your searches and creating a massive database of your personal information
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[31:21.000 --> 31:26.000] you read and even records which passages you highlight the government finds these records
[31:26.000 --> 31:30.040] very interesting and has sought the identities of thousands of people who have bought books
[31:30.040 --> 31:34.920] through Amazon your ebooks can also vanish down the memory hole Kindle owners learned
[31:34.920 --> 31:40.680] this the hard way when Amazon remotely deleted their copies of George Orwell's 1984 over
[31:40.680 --> 31:46.000] a copyright dispute ah the irony so next time you want to lose yourself in a good old-fashioned
[31:46.000 --> 31:50.600] book make a paper nobody's watching and your book will still be there in the morning I'm
[31:50.600 --> 32:04.520] Dr. Katherine Albrecht more news and information at KatherineAlbrecht.com
[32:04.520 --> 32:21.440] I got a warrant and I'm gonna serve them to the head government them prosecute them okay
[32:21.440 --> 32:50.360] so how the hell you get the presidency that's why we have a warrant for you
[32:50.360 --> 33:14.600] wait about this
[33:14.600 --> 33:15.520] we know
[33:15.520 --> 33:19.520] Warrant for him, all the Chinese Warrant for him
[33:19.520 --> 33:21.520] Tweet about the citizens in the country
[33:21.520 --> 33:23.520] Them getting so mad and them getting angry
[33:23.520 --> 33:26.520] We have some war out we need to solve
[33:26.520 --> 33:28.520] Need a prosecutor to come and help us
[33:28.520 --> 33:31.520] Prosecutors from any state will do
[33:31.520 --> 33:33.520] Come over and let me show them too
[33:33.520 --> 33:35.520] Hear them tell you about me, I tell you
[33:35.520 --> 33:38.520] Three shoes, plus it states the truth, that is true
[33:38.520 --> 33:40.520] There is Silverstein too
[33:40.520 --> 33:43.520] You get the citizens arrested too
[33:43.520 --> 33:45.520] Silverstein and Hamilton clean
[33:45.520 --> 33:48.520] You know them and them and them not clean
[33:48.520 --> 33:50.520] Everybody bring them in
[33:50.520 --> 33:53.520] So we could prove them we warranted
[33:53.520 --> 33:55.520] Then the man need to quarantine
[33:55.520 --> 33:57.520] You know them like Mr. Wittens
[33:57.520 --> 34:01.520] This is arrest for Mr. Bush
[34:01.520 --> 34:06.520] This is arrest for Dick Cheney
[34:06.520 --> 34:11.520] This is arrest for Mr. Bush
[34:11.520 --> 34:16.520] This is arrest for Dick Cheney
[34:16.520 --> 34:18.520] All this guys in the three shoe suits
[34:18.520 --> 34:21.520] All them a do them a tell like a wait
[34:21.520 --> 34:23.520] In them three suit a tie
[34:23.520 --> 34:25.520] OK folks, we are back
[34:25.520 --> 34:27.520] That's why we have to prosecute
[34:27.520 --> 34:30.520] gotten some internet issues on Randy's end
[34:30.520 --> 34:33.520] Somewhere between the studio and Randy
[34:33.520 --> 34:35.520] Wherever he's at tonight
[34:35.520 --> 34:37.520] So we've got Randy on the phone
[34:37.520 --> 34:39.520] OK, Randy. Please continue
[34:39.520 --> 34:48.200] Okay, we were, I'm not sure exactly where I left off, but we've discovered a number
[34:48.200 --> 34:55.480] of things that the lenders are doing wrong, especially this one that the sales of the
[34:55.480 --> 35:03.640] security instrument is not an arm's length sale, but it's all contrived as part of the
[35:03.640 --> 35:13.680] profit-taking scheme to not only defraud the lender, where the lender creates a loan intended
[35:13.680 --> 35:23.520] to, but even in the process, they're defaulting, they're denying all the American people by
[35:23.520 --> 35:27.640] evading their taxes through defrauding the bankruptcy courts.
[35:27.640 --> 35:32.480] Yes, and the chain of title, Randy, that's where you left off about the foreclosure sales
[35:32.480 --> 35:37.160] and no one in their right mind should buy a home, have foreclosure sales because there's
[35:37.160 --> 35:40.320] no chain of title, you can't get title insurance, that's where you left off.
[35:40.320 --> 35:45.880] Right, yeah, this is the biggest emerging issue.
[35:45.880 --> 35:53.280] If they're allowed to do this, it will plunge this country in the worst depression the country's
[35:53.280 --> 35:59.040] ever seen, and it may be generations before the country recovers, because it will dry
[35:59.040 --> 36:01.960] up all foreign investment.
[36:01.960 --> 36:07.480] No one will invest in this country, that's why so many countries that are third world
[36:07.480 --> 36:12.560] nations stay third world nations, because the countries themselves are so corrupt that
[36:12.560 --> 36:18.480] no one can risk investing in those countries, because the corrupt politicians just steal
[36:18.480 --> 36:20.080] everything they bring in there.
[36:20.080 --> 36:26.180] Randy, what is the deal with the chain of title, why is there such a risk of not having
[36:26.180 --> 36:31.480] a chain of title with these homes that are on the foreclosure auction block?
[36:31.480 --> 36:38.520] Because of the way that the sales have been made, it's become impossible to determine
[36:38.520 --> 36:45.600] who actually owns the property, because they took the ownership of the property out of
[36:45.600 --> 36:54.080] the name of a single individual and put ownership into a pool, along with thousands of other
[36:54.080 --> 37:04.120] individuals, and then they took that pool and sold that pool out to investors by percentages.
[37:04.120 --> 37:08.360] In other words, they bundle up the mortgages into these bundles and sell them, and so then
[37:08.360 --> 37:11.920] it makes it really difficult to trace, is that right?
[37:11.920 --> 37:17.960] They bundle them up, they sell them into a real estate mortgage investment conduit, this
[37:17.960 --> 37:26.960] thing may have 10,000 separate notes in it, and then they take this conduit and they sell
[37:26.960 --> 37:31.000] shares in it to investors.
[37:31.000 --> 37:39.000] So we very quickly reach a point to where who actually owns an individual note, and
[37:39.000 --> 37:47.840] if that weren't bad enough, then they take the investment conduit and shift portions
[37:47.840 --> 37:59.000] of it around below the level of the investors, the stockholders, they shift portions of the
[37:59.000 --> 38:06.360] pool from one pool to another to adjust income streams, that's the credit default swaps,
[38:06.360 --> 38:13.560] and it becomes such a complex interweaving of trading, it reached a point of where nobody
[38:13.560 --> 38:21.720] knows who owns what, so it's virtually impossible at this point to determine who actually has
[38:21.720 --> 38:28.720] an interest in your note, and the laws are very clear and they have been for a very long
[38:28.720 --> 38:36.840] time, the only one who can foreclose is the one who owns the note, but nobody knows who
[38:36.840 --> 38:46.120] owns it, and we don't know next week, next year, 10 years, someone may well emerge from
[38:46.120 --> 38:52.920] this mire and say, hey, I own this note, and they may actually be able to show that they
[38:52.920 --> 38:55.520] own the note.
[38:55.520 --> 39:02.560] If this property has sold at foreclosure and some poor schlaps bought it, he is scarrude.
[39:02.560 --> 39:10.440] If somebody sells me a car that's been stolen with a bogus title, and the original owner
[39:10.440 --> 39:17.320] comes along and locates it and says, hey, guy, that is my car, you got it, I want it
[39:17.320 --> 39:25.240] back, you are without recourse, the true owner gets it, and this is the exact problem that
[39:25.240 --> 39:29.280] we are looking at in the mortgage industry, and this is a problem that could follow us
[39:29.280 --> 39:32.280] for generations.
[39:32.280 --> 39:36.880] Someone purchased this house, they live in it, their children live in it, and their grandchildren
[39:36.880 --> 39:42.400] try to sell it, or they live in it and their children live in it, and somebody comes along
[39:42.400 --> 39:51.200] and says, hey, I just purchased all of this investment, and I find that the ownership
[39:51.200 --> 39:58.120] of this note belongs to me now, and it was never paid off.
[39:58.120 --> 40:04.480] I have the right to foreclose, I come and take your property, and you have no recourse.
[40:04.480 --> 40:12.640] This is a terrible problem, and it really came to light when the mortgage companies,
[40:12.640 --> 40:19.160] I'm sorry, when the title insurance companies looked at this issue and said, hey, we can't
[40:19.160 --> 40:29.360] insure this title, we can't guarantee an uninterrupted chain of ownership back to the original land
[40:29.360 --> 40:37.640] grant, so we can't guarantee the title, who is going to buy a property if they can't get
[40:37.640 --> 40:45.920] guaranteed title, and when that became clear, that is when all of this began to come out
[40:45.920 --> 40:52.120] in the open, and all of a sudden, even the courts are beginning to realize how big a
[40:52.120 --> 40:58.080] problem this will become, not only for the American public, but even for the courts.
[40:58.080 --> 41:03.680] They will be dealing with consequences of this for generations, and there's more to
[41:03.680 --> 41:05.880] it than that.
[41:05.880 --> 41:13.840] The court's retirement funds are heavily invested in these commercial, into these pools,
[41:13.840 --> 41:22.360] into these consumer security secondary market pools, and they have went to something like
[41:22.360 --> 41:31.360] the last figure I saw recently was $6.8 billion down to $2.4 billion.
[41:31.360 --> 41:36.840] The value of their investment pool has lost that much, so their investment pool is getting
[41:36.840 --> 41:37.840] decimated.
[41:37.840 --> 41:46.720] They're losing as well, good for them because they have created a problem, but it's coming
[41:46.720 --> 41:53.680] to light, and anyone who takes them on now is in a very good position.
[41:53.680 --> 42:02.560] Precisely what we expected to happen is that the politicians would throw the lenders to
[42:02.560 --> 42:11.120] the wolves, and we're doing everything we can to be the wolves, so thus far, we're having
[42:11.120 --> 42:17.760] some good luck, and now we're looking at taking a somewhat different approach.
[42:17.760 --> 42:30.320] Since the true ownership has been obscured, and we have law firms coming and trying to
[42:30.320 --> 42:38.520] do the foreclosure, and then when the borrower sues and serves at the law firm who claims
[42:38.520 --> 42:44.800] to be the agent for the holder of the security instrument for the purpose of foreclosure,
[42:44.800 --> 42:53.720] when they receive the summons, when they get served with the petition, they say, wait a
[42:53.720 --> 42:55.680] minute, wait a minute.
[42:55.680 --> 42:59.040] We're not the agent for the lender for this purpose.
[42:59.040 --> 43:03.480] Now, we're only the agent for the purpose of foreclosing.
[43:03.480 --> 43:11.760] Now we're making an argument that they're subject to a judicial estoppel, in that they
[43:11.760 --> 43:20.840] can't claim a position that serves them in one instance, and then in a secondary instance
[43:20.840 --> 43:27.240] claim an opposite position, the judiciary has stopped from doing that, but in looking
[43:27.240 --> 43:34.360] at this issue, it appears as though we were starting in the wrong place.
[43:34.360 --> 43:43.080] We were going after the holder of the property, and when we come back from break, we'll talk
[43:43.080 --> 43:46.320] about who we really should have been going after.
[43:46.320 --> 43:53.240] This is Randy Kelton, Debra Stevens, Eddie Craig, Wheel of Law Radio, we'll be right
[43:53.240 --> 44:01.600] back.
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[45:00.880 --> 45:04.040] Are you the plaintiff or defendant in a lawsuit?
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[46:14.200 --> 46:42.360] Thank you.
[46:44.200 --> 46:51.200] I give my message out to anyone in shot and distance
[46:51.200 --> 46:57.200] Vote for bravery and begin slavery show and resistance
[46:57.200 --> 47:02.200] First I'm crawling, then I'm walking, then I start strutting
[47:02.200 --> 47:07.200] I'm just so glad to make my living pushing buttons
[47:07.200 --> 47:14.200] Oh, oh, oh, oh, oh
[47:14.200 --> 47:19.200] Oh, oh, oh, oh, yeah
[47:19.200 --> 47:22.200] I wish that sounds a plague monopoly
[47:22.200 --> 47:25.200] We all wanted to win the game
[47:25.200 --> 47:28.200] We gave some guy and his money supply
[47:28.200 --> 47:31.200] Must have not been thinking with brains
[47:31.200 --> 47:34.200] After some time, the worth of my dime
[47:34.200 --> 47:37.200] But damn, there's nothing I might have been doing
[47:37.200 --> 47:42.200] All right, but still, I make my living pushing buttons
[47:42.200 --> 47:47.200] Yeah, oh, oh, oh, oh, oh
[47:47.200 --> 47:49.200] Okay, we're back.
[47:49.200 --> 47:53.200] Okay, Randy, please continue. We're talking about a new approach.
[47:53.200 --> 47:59.200] Okay, I'm looking at a whole new approach to going after them.
[47:59.200 --> 48:02.200] We've been going to the wrong place.
[48:02.200 --> 48:06.200] We're going after the lender.
[48:06.200 --> 48:10.200] And the lender is not the one causing this problem.
[48:10.200 --> 48:15.200] The one causing this problem is the attorney trying to do the foreclosure.
[48:15.200 --> 48:21.200] And we're saying that the lender doesn't have standing to foreclose.
[48:21.200 --> 48:28.200] Well, that's the wrong place to start because we really don't know who the holder is.
[48:28.200 --> 48:33.200] That's the only one who has standing to foreclose.
[48:33.200 --> 48:42.200] And it occurred to me this law firm that's trying to foreclose doesn't know who the real holder is either.
[48:42.200 --> 48:46.200] So the real holder doesn't have anything to do with this.
[48:46.200 --> 48:53.200] This is some law firm that just claimed that they have authority to foreclose on this property.
[48:53.200 --> 48:58.200] Well, they're making the proactive claim.
[48:58.200 --> 49:04.200] So they have a duty to prove up that claim.
[49:04.200 --> 49:12.200] What we're maintaining is that they're lying, that they have no agency for the principal.
[49:12.200 --> 49:15.200] They're claiming to be an agent for the principal.
[49:15.200 --> 49:22.200] And under the doctrine of agency, since agency cannot be proven out of the mouth of the agent,
[49:22.200 --> 49:31.200] but it must be proven out of the mouth of the principal, we're saying you claim you're an agent, prove you're an agent.
[49:31.200 --> 49:37.200] Kind of like if I go down to the uniform store and rent me a uniform to get me a shiny little badge
[49:37.200 --> 49:42.200] and a double-gum machine and put it on my car and come out here and say,
[49:42.200 --> 49:47.200] I'm a police officer and I'm going to write you these tickets.
[49:47.200 --> 49:51.200] You're going to post bond with me or go to jail.
[49:51.200 --> 49:59.200] When you find out I'm not a real police officer, you're going to want me in jail.
[49:59.200 --> 50:04.200] Or if I come to your house and say, I own your house.
[50:04.200 --> 50:06.200] You've got to get out.
[50:06.200 --> 50:10.200] You're going to say, prove it.
[50:10.200 --> 50:16.200] Or else you're committing criminal fraud, trying to steal my house from me by deception.
[50:16.200 --> 50:21.200] That's the allegation we're going to make against the attorneys.
[50:21.200 --> 50:24.200] You are trying to steal our house by deception.
[50:24.200 --> 50:27.200] You have no claim against it.
[50:27.200 --> 50:31.200] If you have a claim against it, prove it.
[50:31.200 --> 50:38.200] If you're unable to prove it, then we sue the crapola out of you.
[50:38.200 --> 50:41.200] And that's exactly what we're looking to do.
[50:41.200 --> 50:49.200] We're going directly after the attorney who's doing the foreclosure and nobody else.
[50:49.200 --> 51:00.200] Now, if the attorney doing the foreclosure proves up that in fact he is the agent for the principal,
[51:00.200 --> 51:06.200] then we can always go back after the alleged principal.
[51:06.200 --> 51:10.200] But we're relatively certain what's going to happen.
[51:10.200 --> 51:16.200] There will be an entity claiming to be the principal,
[51:16.200 --> 51:25.200] but they're not going to have a clear and direct chain of title back to the original land grant.
[51:25.200 --> 51:29.200] And that's what it will take to be the principal.
[51:29.200 --> 51:38.200] So whoever steps up and says they're the principal, we go after them and accuse them of fraud
[51:38.200 --> 51:51.200] because we have our programs in place to determine precisely the chain of custody of the security instrument
[51:51.200 --> 51:55.200] and the chain of custody of the lien document.
[51:55.200 --> 51:58.200] We're going to know exactly who all of these people are,
[51:58.200 --> 52:05.200] and there's absolutely little doubt that the individuals trying to foreclose don't have a clue.
[52:05.200 --> 52:12.200] So when the attorney firm comes back and says, well, this guy over here, he's the principal,
[52:12.200 --> 52:20.200] we go back to the county recorder's records and see who's recorded in there.
[52:20.200 --> 52:30.200] And if this entity is not listed in the county recorder's office, or even if they are, as a holder,
[52:30.200 --> 52:38.200] the only way someone can properly hold a note, a security instrument,
[52:38.200 --> 52:47.200] is if they receive that security instrument in an assignment from another holder,
[52:47.200 --> 52:53.200] someone who has the security instrument as a proper holder.
[52:53.200 --> 52:59.200] And the only way that that person can be a holder is to get it from a previous holder.
[52:59.200 --> 53:02.200] So they're going to claim this person is the holder,
[53:02.200 --> 53:09.200] and we're going to have a list of names that show to be part of an assignment,
[53:09.200 --> 53:13.200] but those names aren't filed in the county recorder's office.
[53:13.200 --> 53:17.200] So one of two things is going on here.
[53:17.200 --> 53:24.200] Either you are not a proper holder or you hold the security instrument
[53:24.200 --> 53:30.200] in violation of the reporting requirement with the county recorder's office.
[53:30.200 --> 53:35.200] You hold it based on a non-public sale.
[53:35.200 --> 53:38.200] Therefore, you come to the court with dirty hands,
[53:38.200 --> 53:47.200] and you cannot ask the court to help you secure gains based on criminal activity.
[53:47.200 --> 53:51.200] So either way, they've got a problem.
[53:51.200 --> 53:56.200] Does this sound like fun or what?
[53:56.200 --> 53:58.200] Sounds like fun to me.
[53:58.200 --> 54:00.200] I wasn't sure if I was still in the air.
[54:00.200 --> 54:04.200] Having to do it on the phone makes it kind of iffy.
[54:04.200 --> 54:08.200] But this is the newest approach we're taking,
[54:08.200 --> 54:13.200] and we're developing a long string of arguments.
[54:13.200 --> 54:22.200] We will maintain that the agent, if the attorney proves up his agency,
[54:22.200 --> 54:30.200] then we'll go after the attorney anyway and say it doesn't matter who we sue.
[54:30.200 --> 54:35.200] If you're an agent for the principal, we can sue you personally.
[54:35.200 --> 54:47.200] You have vicarious liability as, oh, there's a term for it, something delicti.
[54:47.200 --> 54:52.200] Anyone who acts in concert collusion with a criminal conspiracy
[54:52.200 --> 54:59.200] is equally culpable for the actions of all the other members of the conspiracy.
[54:59.200 --> 55:08.200] So we don't have to name every person who may or may not have participated in the conspiratorial conduct.
[55:08.200 --> 55:16.200] We only have to name the one, and that one is vicariously liable for the acts of all of the others.
[55:16.200 --> 55:19.200] So we give the attorney something to dance with,
[55:19.200 --> 55:24.200] and we take a shot directly at the attorney himself.
[55:24.200 --> 55:30.200] We go after standing capacity agency.
[55:30.200 --> 55:36.200] And then once we get past that, then we go to ongoing criminal conspiracy.
[55:36.200 --> 55:41.200] We maintain judicial equitable estoppel.
[55:41.200 --> 55:48.200] If someone engages in contractual negotiations with someone in that faith,
[55:48.200 --> 55:58.200] that the individual doesn't give full disclosure to the opposing party
[55:58.200 --> 56:05.200] and creates a contract that's not in good faith with both participants in the contract,
[56:05.200 --> 56:10.200] they are equitably stopped from enforcing the contract.
[56:10.200 --> 56:15.200] And we will maintain that due to predatory lending practices,
[56:15.200 --> 56:19.200] which there are numerous, specifically alleged,
[56:19.200 --> 56:24.200] that even if you are the true agent for the true holder,
[56:24.200 --> 56:34.200] the true holder is equitably stopped from pursuing adjudication of the contract.
[56:34.200 --> 56:39.200] And I have a number of issues we're still briefing out.
[56:39.200 --> 56:47.200] We will start making criminal accusations against the individuals.
[56:47.200 --> 56:56.200] We have a case in Austin where we accused the lender of engaging in a criminal conspiracy
[56:56.200 --> 57:10.200] that resulted in torts against the plaintiff, and Judge Sparks issued an order
[57:10.200 --> 57:21.200] directing the plaintiff to remove all references to criminal accusations or face sanctions.
[57:21.200 --> 57:25.200] Interesting that he should do that.
[57:25.200 --> 57:30.200] I certainly want to see where he gets that authority.
[57:30.200 --> 57:36.200] And we want to go back and maintain that the judge has a duty as a magistrate
[57:36.200 --> 57:41.200] and move to disqualify that chump.
[57:41.200 --> 57:46.200] I don't have a high opinion of Judge Sparks to start with.
[57:46.200 --> 57:55.200] Anyway, we are putting together a very powerful and comprehensive approach.
[57:55.200 --> 58:01.200] The fact that we have a lot of people who are going after these guys,
[58:01.200 --> 58:08.200] we're getting lots of responses from all over the country.
[58:08.200 --> 58:14.200] Oh, different music. Wonderful. Is that you playing, Deb?
[58:14.200 --> 58:16.200] No, that's Jerry.
[58:16.200 --> 58:19.200] Oh, okay.
[58:19.200 --> 58:25.200] This song is actually based on an Irish traditional song called
[58:25.200 --> 58:29.200] Rocky Road to Dublin, and we did a reggae version of it.
[58:29.200 --> 58:38.200] This one's called Rocky Road to Dubland, because reggae is dub music.
[58:38.200 --> 59:00.200] Okay, this is Randy Kelton, Deb Steven, Debbie Craig. We'll be right back.
[59:00.200 --> 59:04.200] The Bible remains the most popular book in the world,
[59:04.200 --> 59:08.200] but countless readers are frustrated because they struggle to understand it.
[59:08.200 --> 59:12.200] Some new translations try to help by simplifying the text,
[59:12.200 --> 59:17.200] but in the process can compromise the profound meaning of the Scripture.
[59:17.200 --> 59:19.200] Enter the recovery version.
[59:19.200 --> 59:23.200] First, this new translation is extremely faithful and accurate,
[59:23.200 --> 59:28.200] but the real story is the more than 9,000 explanatory footnotes.
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[59:32.200 --> 59:35.200] providing an entrance into the riches of the Word
[59:35.200 --> 59:38.200] beyond which you've ever experienced before.
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[59:48.200 --> 59:57.200] at 1-888-551-0102 or by ordering online at freestudybible.com.
[59:57.200 --> 01:00:00.200] That's freestudybible.com.
[01:00:00.200 --> 01:00:04.200] This news brief brought to you by the International News Net.
[01:00:04.200 --> 01:00:08.200] Japan responded with dismay Friday to the first U.S. nuclear test
[01:00:08.200 --> 01:00:10.200] carried out under the Obama administration.
[01:00:10.200 --> 01:00:15.200] Survivors of the 1945 atomic bombings of Hiroshima and Nagasaki
[01:00:15.200 --> 01:00:18.200] said they had lost faith in the U.S. President.
[01:00:18.200 --> 01:00:23.200] Experts said the test, conducted at an underground site in Nevada on September 15,
[01:00:23.200 --> 01:00:29.200] was the only way to ascertain the reliability and safety of the U.S. nuclear arsenal.
[01:00:29.200 --> 01:00:33.200] Three NATO troops were killed Friday in Afghanistan,
[01:00:33.200 --> 01:00:37.200] raising the death toll of international troops to 17 over the past three days.
[01:00:37.200 --> 01:00:42.200] 150,000 international troops and 220,000 Afghan security forces
[01:00:42.200 --> 01:00:46.200] are struggling to gain the upper hand against an estimated 30,000 insurgents
[01:00:46.200 --> 01:00:49.200] aided by the local populations.
[01:00:49.200 --> 01:00:54.200] The U.S. State Department Thursday defended its decision to issue a terror alert
[01:00:54.200 --> 01:00:57.200] covering all of Europe, even though it had no specific information
[01:00:57.200 --> 01:01:02.200] of any plot or potential target.
[01:01:02.200 --> 01:01:05.200] Strikers in France Friday cut the fuel supply to Paris,
[01:01:05.200 --> 01:01:08.200] blockading depots and pipelines that feed the city
[01:01:08.200 --> 01:01:13.200] in a bid to reverse the government's plans to raise the retirement age and slash pensions.
[01:01:13.200 --> 01:01:17.200] Several hundred gas stations have shut down because supplies have run out,
[01:01:17.200 --> 01:01:19.200] prompting panic buying.
[01:01:19.200 --> 01:01:22.200] When police managed to reopen depots in some cities,
[01:01:22.200 --> 01:01:26.200] strikers threw up fresh picket lines at other fuel depots.
[01:01:26.200 --> 01:01:30.200] Across the country, students threw stones at police in violent altercations.
[01:01:30.200 --> 01:01:35.200] France is currently in the throes of a battle between President Nicolas Sarkozy,
[01:01:35.200 --> 01:01:38.200] whose austerity legislation comes before the Senate Tuesday,
[01:01:38.200 --> 01:01:43.200] and workers and students who say Sarkozy is making them pay the bill for the financial crisis.
[01:01:43.200 --> 01:01:47.200] An estimated three million people demonstrated earlier this week,
[01:01:47.200 --> 01:01:53.200] with protests set to roll into next week and neither side ready to back down.
[01:01:53.200 --> 01:01:58.200] Award-winning journalist John Pilger says the spectacle of 33 rescued Chilean miners
[01:01:58.200 --> 01:02:02.200] being welcomed by Chile's President Sebastián Piñera
[01:02:02.200 --> 01:02:05.200] relies troubling questions about mining conditions in Chile.
[01:02:05.200 --> 01:02:10.200] The accident that entombed the workers at the San Jose mine was not out of the ordinary,
[01:02:10.200 --> 01:02:15.200] as on average there are 39 fatal accidents every year in Chile's mines.
[01:02:15.200 --> 01:02:18.200] On July 30th, six days before the San Jose accident,
[01:02:18.200 --> 01:02:24.200] a Labor Department report warned of serious safety deficiencies, but the Minister took no action.
[01:02:24.200 --> 01:02:28.200] Pilger says Piñera controls a slice of the mining industry
[01:02:28.200 --> 01:02:34.200] and made billions of dollars in the aftermath of the 1973 coup by Augusto Pinochet.
[01:02:34.200 --> 01:02:38.200] His brother José Pinyera, a Labor Minister under Pinochet,
[01:02:38.200 --> 01:02:42.200] privatized mining and state pensions and dismantled the unions.
[01:02:42.200 --> 01:02:45.200] Pilger says without a union and with a Labor Department
[01:02:45.200 --> 01:02:48.200] cowered by the demands of private industry,
[01:02:48.200 --> 01:03:16.200] workers are helpless to improve safety conditions.
[01:03:19.200 --> 01:03:27.200] It's all according to the will of the Almighty
[01:03:27.200 --> 01:03:34.200] I read his book and he says he cares not for the unsightly
[01:03:34.200 --> 01:03:43.200] These warmongers come by that term rightly
[01:03:43.200 --> 01:03:50.200] I won't pay for the war with my body, ain't gonna pay for the car with my money
[01:03:50.200 --> 01:03:57.200] I won't pay for the fun with my body, their plans wicked and their logic shoddy
[01:03:57.200 --> 01:04:00.200] Ain't gonna pay for the oil with my body
[01:04:00.200 --> 01:04:08.200] I won't pay for the boys with my money, ain't gonna pay for the kids with my body
[01:04:08.200 --> 01:04:18.200] The whole agenda smells funny, I wanna fight in a war of my own
[01:04:18.200 --> 01:04:25.200] That one would be less accident prone
[01:04:25.200 --> 01:04:31.200] I wanna pay for a war of my own
[01:04:31.200 --> 01:04:38.200] They live in glass houses so I can watch them throw bones
[01:04:38.200 --> 01:04:41.200] I wanna fight in a war I can win
[01:04:41.200 --> 01:04:44.200] I can never win the one that they have me in
[01:04:44.200 --> 01:04:48.200] That one I lose long before it begins
[01:04:48.200 --> 01:04:51.200] I wanna pay for a war I can win
[01:04:51.200 --> 01:04:58.200] When I'm fighting in my own war
[01:04:58.200 --> 01:05:05.200] It's such a peaceful feeling
[01:05:05.200 --> 01:05:12.200] When I'm paying for my own war
[01:05:12.200 --> 01:05:22.200] I take time for the healing
[01:05:22.200 --> 01:05:29.200] It's all according to the will of the Almighty
[01:05:29.200 --> 01:05:36.200] I read his book and he says he cares not for this
[01:05:36.200 --> 01:05:52.200] And we are taking your calls folks, if you'd like to call in now, 512-646-1984. We've got Dan in Connecticut. Dan, thanks for calling in. What's on your mind tonight?
[01:05:52.200 --> 01:06:09.200] Hi guys, good news on how widespread knowledge of mortgage fraud has become. I was actually doing a candidate forum two days ago at a, believe it or not, a college, and the students had a lot of good questions about this, and this was one of the things I'd focused on.
[01:06:09.200 --> 01:06:20.200] So I just wanted to let you know that the knowledge is indeed becoming very widespread, and they had a lot of good questions about it, such as, you know, how do we unwind this? What are people doing about it?
[01:06:20.200 --> 01:06:24.200] And I mentioned some of Randy's work while I was there.
[01:06:24.200 --> 01:06:30.200] Wonderful. So what did they think about going after the lender in court?
[01:06:30.200 --> 01:06:43.200] Yeah, a lot of the college students were also eager to hear about the shenanigans going on in student loan fraud of all places, for whatever reason, Lord knows why.
[01:06:43.200 --> 01:06:47.200] Yeah, I have no idea why that would be a concern to them.
[01:06:47.200 --> 01:07:02.200] Yeah, believe it or not, I actually used to work for Unipack in Colorado, which is the servicing center for all of the documentation associated with these student loans all over the country in different parts of the world.
[01:07:02.200 --> 01:07:18.200] My job was writing software for the imaging stations that actually scanned in the documents and stored them on optical drives. But guess what happens to the originals after that's all done?
[01:07:18.200 --> 01:07:28.200] The originals are either destroyed or they're separated and vaulted, in which case they lose track of them from what we've understood about the way it was done.
[01:07:28.200 --> 01:07:34.200] Wait, wait, wait. Will you repeat that, Eddie, because Randy started talking and I couldn't understand what you were saying. What happens to them?
[01:07:34.200 --> 01:07:42.200] They either destroy the originals after they're scanned in or they are vaulted in different parts of the country.
[01:07:42.200 --> 01:07:49.200] But when they vault them, they do not catalog them, so they can very rarely go back and find them.
[01:07:49.200 --> 01:07:57.200] Oh, well, that's a brilliant idea. I mean, let's put something in the vault and not document where it is.
[01:07:57.200 --> 01:08:01.200] Pretty much. The government does it all the time. They're not these guys.
[01:08:01.200 --> 01:08:11.200] But be it was to say, when they want to pull out a document on a loan, they use the scanned image. They don't produce an original.
[01:08:11.200 --> 01:08:23.200] Why bother even keep the original if they're not going to make a notation somewhere of where it's kept? Give me a break. Amazing.
[01:08:23.200 --> 01:08:37.200] The problem with that is if you pay off the note and somebody's digging around in the archives and finds the original, they can come and present that and collect again.
[01:08:37.200 --> 01:08:41.200] Is that true for real?
[01:08:41.200 --> 01:08:45.200] That's what a security instrument is. It's a background.
[01:08:45.200 --> 01:08:51.200] You're supposed to get the note back when you pay off the house, right?
[01:08:51.200 --> 01:09:01.200] Well, if I get a check and I want you to cash a check, you're going to want the check because you're not going to want another one coming.
[01:09:01.200 --> 01:09:07.200] You're not going to want a photocopy because somebody may come back with the original.
[01:09:07.200 --> 01:09:14.200] You've got to have the original, UCC 3-501.
[01:09:14.200 --> 01:09:16.200] All right, Dan, do you have anything else for us?
[01:09:16.200 --> 01:09:26.200] Yes, two additional pieces of good news. Tomorrow I'm going to be doing a class myself at the Otis Public Library in Norwich, Connecticut, 11-2.
[01:09:26.200 --> 01:09:32.200] We're just going to go over the basic. It's called the crash course on the courts.
[01:09:32.200 --> 01:09:40.200] Part one is going to be the basic stuff like different kinds of motions you can file, statutory interpretation, just the basic stuff.
[01:09:40.200 --> 01:09:47.200] Part two, we're going to schedule that for November, and that's going to go into a bunch of different other stuff.
[01:09:47.200 --> 01:09:55.200] And I also wanted to mention, I think I will be the first rule of law listener, run-of-the-mill listener who's not an attorney,
[01:09:55.200 --> 01:10:05.200] that actually gets to argue before a state Supreme Court, and that will happen on Thursday the 21st at 9 a.m.
[01:10:05.200 --> 01:10:07.200] Interesting. What are you going to argue?
[01:10:07.200 --> 01:10:13.200] Believe it or not, it's that particular elections case that was very complex.
[01:10:13.200 --> 01:10:25.200] And believe it or not, in Connecticut, the nature of the complaint that I'm bringing, the Supreme Court in Connecticut has original jurisdiction.
[01:10:25.200 --> 01:10:32.200] Is this the issue of them trying to get the libertarians off the ballot?
[01:10:32.200 --> 01:10:40.200] Yes, and as a matter of fact, part of the other relief I've requested was the full and complete audit of the Secretary of State's office.
[01:10:40.200 --> 01:10:50.200] And in my complaint, I actually give exhibits of a fake voter and evidence that the voter database has been tampered with.
[01:10:50.200 --> 01:10:51.200] So it's really twofold.
[01:10:51.200 --> 01:10:56.200] One, we're looking to get back on the ballot, and two, we're looking to, at least if we can't do that,
[01:10:56.200 --> 01:11:06.200] you know, pretty much tear up every floor board in that office until, you know, Enron style, we figure out exactly what went on.
[01:11:06.200 --> 01:11:10.200] Go ahead and find people you can point fingers at.
[01:11:10.200 --> 01:11:13.200] Yeah, yeah, it's going to be interesting to say the least.
[01:11:13.200 --> 01:11:19.200] I did call into Frederick Graves' show, and he did give a lot of pointers that were very helpful.
[01:11:19.200 --> 01:11:25.200] And I did make a point of finding arguments that were made before this court, you know, to determine how it went.
[01:11:25.200 --> 01:11:34.200] It's really different from a superior court, for example, you know, because in a superior court, you know, it's very slow and it's very dragged out.
[01:11:34.200 --> 01:11:41.200] But on the 18th, I'm supposed to have my findings as fact submitted.
[01:11:41.200 --> 01:11:46.200] And then on the 19th, we have to have our briefs on conclusions at law submitted.
[01:11:46.200 --> 01:11:52.200] And on the 21st, basically, we're going to go ahead and, you know, argue that.
[01:11:52.200 --> 01:11:57.200] And the way a supreme court generally works is you run a timer.
[01:11:57.200 --> 01:12:02.200] You know, so the way this particular one is going to pan out is I have 30 minutes,
[01:12:02.200 --> 01:12:06.200] and I'm going to have to reserve some of that time for rebuttal.
[01:12:06.200 --> 01:12:11.200] So it should be interesting, and I'll have to let you know how it turns out Thursday.
[01:12:11.200 --> 01:12:15.200] And we will be waiting on pins and needles.
[01:12:15.200 --> 01:12:22.200] Yeah, the case is called Dan Reel, Real Deal for Congress v. Susan Bysiewicz.
[01:12:22.200 --> 01:12:24.200] So yeah, look for that case.
[01:12:24.200 --> 01:12:31.200] It's unfortunately they had to use one of the rooms in the superior court across the street.
[01:12:31.200 --> 01:12:34.200] I was hoping to get the whole nine yards, have the attorney general there,
[01:12:34.200 --> 01:12:41.200] but there's going to be someone there for him since he's running for Senate.
[01:12:41.200 --> 01:12:45.200] Good, maybe you can put a dent in that.
[01:12:45.200 --> 01:12:47.200] Yeah, it should be interesting.
[01:12:47.200 --> 01:12:51.200] I don't want to take up too much time, but I just wanted to let you know what was going on.
[01:12:51.200 --> 01:12:55.200] And I figured, you know, that you would find it interesting that, yes,
[01:12:55.200 --> 01:12:58.200] there's an interest in the courts going on here,
[01:12:58.200 --> 01:13:01.200] and one of your listeners actually made it to the Supreme Court.
[01:13:01.200 --> 01:13:04.200] And yeah, the mortgage thing's really taken off.
[01:13:04.200 --> 01:13:07.200] You probably know that, but, you know, it's happening here too.
[01:13:07.200 --> 01:13:11.200] So anyway, I'll get off and I'll let you guys get on with the show.
[01:13:11.200 --> 01:13:12.200] All right.
[01:13:12.200 --> 01:13:13.200] Thanks, Dan.
[01:13:13.200 --> 01:13:14.200] Keep us posted.
[01:13:14.200 --> 01:13:15.200] Oh, we'll do.
[01:13:15.200 --> 01:13:16.200] Talk to you later.
[01:13:16.200 --> 01:13:17.200] Okay, talk to you later.
[01:13:17.200 --> 01:13:18.200] All right.
[01:13:18.200 --> 01:13:21.200] We're going now to Tim in Texas.
[01:13:21.200 --> 01:13:23.200] How are you guys doing tonight?
[01:13:23.200 --> 01:13:24.200] Hey, Tim.
[01:13:24.200 --> 01:13:25.200] Thanks for calling in.
[01:13:25.200 --> 01:13:26.200] What's on your mind tonight?
[01:13:26.200 --> 01:13:29.200] Well, Randy, I had a couple things I wanted to go over.
[01:13:29.200 --> 01:13:35.200] First real briefly, how do we think that this mortgage fiasco will affect homeowners
[01:13:35.200 --> 01:13:40.200] who have paid their note in full and a release of lien has been filed
[01:13:40.200 --> 01:13:41.200] in the county clerk's office?
[01:13:41.200 --> 01:13:44.200] In other words, do those people have any issues of clear title
[01:13:44.200 --> 01:13:47.200] like those that are foreclosed on?
[01:13:47.200 --> 01:13:53.200] Well, you essentially already have clear title if you have a release of lien.
[01:13:53.200 --> 01:13:54.200] Okay.
[01:13:54.200 --> 01:13:57.200] But what you also have is a claim of fraud against the lender
[01:13:57.200 --> 01:14:00.200] for their predatory loan practices.
[01:14:00.200 --> 01:14:02.200] You can't go back and sue them.
[01:14:02.200 --> 01:14:05.200] If the loan is paid off and a release of lien, you're probably in the best situation
[01:14:05.200 --> 01:14:07.200] to go hammer them.
[01:14:07.200 --> 01:14:08.200] Absolutely.
[01:14:08.200 --> 01:14:12.200] They have no counterclaim of any kind.
[01:14:12.200 --> 01:14:15.200] And in the end, it boils down to the money.
[01:14:15.200 --> 01:14:17.200] How much money are we going to lose?
[01:14:17.200 --> 01:14:21.200] Because in their circumstances, there's only loss,
[01:14:21.200 --> 01:14:23.200] and they get to calculate how much.
[01:14:23.200 --> 01:14:27.200] Now, Randy, in a situation like that, could somebody still be in danger
[01:14:27.200 --> 01:14:33.200] of losing their home because if they don't get the note back
[01:14:33.200 --> 01:14:38.200] when they pay off the house, somebody could still come back after the note
[01:14:38.200 --> 01:14:40.200] if they have it, right?
[01:14:40.200 --> 01:14:42.200] Well, that is a good point.
[01:14:42.200 --> 01:14:47.200] I mean, you're supposed to get the note back when you pay it off,
[01:14:47.200 --> 01:14:49.200] not just have a release of lien.
[01:14:49.200 --> 01:14:52.200] You're supposed to get back the original promissory note.
[01:14:52.200 --> 01:14:55.200] Yeah, you may appear to have a release of lien,
[01:14:55.200 --> 01:14:57.200] but someone could come back later and say,
[01:14:57.200 --> 01:15:01.200] wait a minute, I have a claim against this title.
[01:15:01.200 --> 01:15:07.200] That's exactly what I'm concerned about because when I called the mortgage company,
[01:15:07.200 --> 01:15:13.200] the servicer, they said I demanded that they send me a certified copy of the note.
[01:15:13.200 --> 01:15:16.200] They said they didn't have one, and then they changed their tune
[01:15:16.200 --> 01:15:19.200] after talking to the supervisor and said that they did have one.
[01:15:19.200 --> 01:15:22.200] They assured me I would get it, and I said that if I don't,
[01:15:22.200 --> 01:15:24.200] I can sue you for $150,000.
[01:15:24.200 --> 01:15:28.200] Wait, wait, wait, wait, you're asking for the wrong thing.
[01:15:28.200 --> 01:15:30.200] You paid that thing off.
[01:15:30.200 --> 01:15:33.200] You want the original.
[01:15:33.200 --> 01:15:34.200] Right.
[01:15:34.200 --> 01:15:38.200] Well, at the time, it had not been paid off, so...
[01:15:38.200 --> 01:15:42.200] Oh, okay, I thought you had...
[01:15:42.200 --> 01:15:47.200] So you're still engaged in the mortgage?
[01:15:47.200 --> 01:15:48.200] No.
[01:15:48.200 --> 01:15:52.200] Did you pay off the house already is the question.
[01:15:52.200 --> 01:15:54.200] The question is, how do I get the original note back?
[01:15:54.200 --> 01:15:57.200] Well, wait a minute, did you pay off the house or not?
[01:15:57.200 --> 01:15:58.200] Yes.
[01:15:58.200 --> 01:16:01.200] Okay, the house is paid off, they filed a release of lien.
[01:16:01.200 --> 01:16:02.200] Yes.
[01:16:02.200 --> 01:16:08.200] Okay, you need to get the original note back.
[01:16:08.200 --> 01:16:12.200] The last thing you want is someone to come and wave in that original note at you
[01:16:12.200 --> 01:16:16.200] and say, this is what I got, I haven't been paid.
[01:16:16.200 --> 01:16:19.200] How does he get the original?
[01:16:19.200 --> 01:16:21.200] That's their problem, not your problem.
[01:16:21.200 --> 01:16:26.200] Well, he may have to sue them to get it back.
[01:16:26.200 --> 01:16:30.200] Well, what they couldn't make of his problem is the deal.
[01:16:30.200 --> 01:16:33.200] Yeah, if you sue them, then it becomes their problem.
[01:16:33.200 --> 01:16:36.200] Exactly, that's what I'm saying.
[01:16:36.200 --> 01:16:38.200] Okay, does that answer your question, Tim?
[01:16:38.200 --> 01:16:40.200] Do you need to hang on the line?
[01:16:40.200 --> 01:16:41.200] Yeah, I do, I have one other issue.
[01:16:41.200 --> 01:16:44.200] Okay, all right, just stay right there, we'll be right back.
[01:16:44.200 --> 01:16:49.200] We've got other callers, we've got Don and Kevin, y'all are up next.
[01:16:49.200 --> 01:17:02.200] Callers, if you'd like to call in 512-646-1984, we will be right back.
[01:17:02.200 --> 01:17:04.200] Capital Coin and Bullion is your local source for rare coins,
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[01:17:07.200 --> 01:17:09.200] We also ship worldwide.
[01:17:09.200 --> 01:17:12.200] We are a family-owned and operated business that offers competitive prices
[01:17:12.200 --> 01:17:14.200] on your coin and metals purchases.
[01:17:14.200 --> 01:17:18.200] We buy, sell, trade, and confine rare coins, gold, and silver coin collections,
[01:17:18.200 --> 01:17:20.200] precious metals, and scrap gold.
[01:17:20.200 --> 01:17:22.200] We purchase and sell gold and jewelry items.
[01:17:22.200 --> 01:17:25.200] We offer daily specials on coins and bullion.
[01:17:25.200 --> 01:17:27.200] We are located at 5448 Burnett Road,
[01:17:27.200 --> 01:17:30.200] Suite 3 at the corner of Burnett and Stulmark.
[01:17:30.200 --> 01:17:34.200] And we're open Mondays and Fridays, 10 to 6, Saturdays, 10 to 5.
[01:17:34.200 --> 01:17:37.200] You are welcome to stop in our shop during regular business hours
[01:17:37.200 --> 01:17:42.200] or call 512-646-6440 with any questions.
[01:17:42.200 --> 01:17:46.200] Ask for a chat and say you heard about us on Blu La La Radio or Texas Liberty Radio.
[01:17:46.200 --> 01:17:49.200] That's Capital Coin and Bullion at the corner of Burnett and Stulmark,
[01:17:49.200 --> 01:17:53.200] and we're open Mondays and Fridays, 10 to 6, Saturdays, 10 to 5.
[01:17:53.200 --> 01:18:00.200] That's Capital Coin and Bullion, 512-646-6440.
[01:18:00.200 --> 01:18:03.200] It is so enlightening to listen to 90.1 FM,
[01:18:03.200 --> 01:18:06.200] but finding things on the Internet isn't so easy,
[01:18:06.200 --> 01:18:09.200] and neither is finding like-minded people to share it with.
[01:18:09.200 --> 01:18:12.200] Oh, well, I guess you haven't heard of Brave New Books, then.
[01:18:12.200 --> 01:18:13.200] Brave New Books?
[01:18:13.200 --> 01:18:16.200] Yes, Brave New Books has all the books and DVDs you're looking for
[01:18:16.200 --> 01:18:20.200] by authors like Alex Jones, Ron Paul, Angie Edward Griffin.
[01:18:20.200 --> 01:18:24.200] They even stock inner food, Berkey products, and Calvin Soaps.
[01:18:24.200 --> 01:18:26.200] There's no way a place like that exists.
[01:18:26.200 --> 01:18:28.200] Go check it out for yourself.
[01:18:28.200 --> 01:18:32.200] It's downtown at 1904 Guadalupe Street, just south of UT.
[01:18:32.200 --> 01:18:35.200] By UT, there's never anywhere to park down there.
[01:18:35.200 --> 01:18:38.200] Actually, they now offer a free hour of parking
[01:18:38.200 --> 01:18:43.200] for paying customers at the 500 MLK Parking Facility, just behind the bookstore.
[01:18:43.200 --> 01:18:47.200] It does exist, but when are they open?
[01:18:47.200 --> 01:18:51.200] Monday through Saturday, 11 AM to 9 PM, and 1 to 6 PM on Sundays.
[01:18:51.200 --> 01:18:55.200] So give them a call at 512-480-2503,
[01:18:55.200 --> 01:19:09.200] or check out their events page at bravenewbookstore.com.
[01:19:25.200 --> 01:19:30.200] I was blindsided, but now I can see your plans
[01:19:30.200 --> 01:19:35.200] You put the fear in my pocket, took the money from my hand
[01:19:35.200 --> 01:19:40.200] Ain't gonna fool me with that same old trick again
[01:19:40.200 --> 01:20:05.200] Ain't gonna fool me with that same old trick again
[01:20:05.200 --> 01:20:10.200] I get it now, but then I must have been out of love
[01:20:10.200 --> 01:20:14.200] Back then you had room to move, but now you're feeling the ground
[01:20:14.200 --> 01:20:17.200] Okay, folks, we are back.
[01:20:17.200 --> 01:20:19.200] We're taking your phone calls.
[01:20:19.200 --> 01:20:21.200] We've got Tim from Texas.
[01:20:21.200 --> 01:20:23.200] Okay, Tim, go ahead.
[01:20:23.200 --> 01:20:26.200] Okay, Randy and Eddie, I discovered something
[01:20:26.200 --> 01:20:30.200] when I was looking through the O'Connor's Texas Rules of Evidence,
[01:20:30.200 --> 01:20:32.200] or, yeah, Rules of Evidence Handbook.
[01:20:32.200 --> 01:20:35.200] I thought you might find interesting.
[01:20:35.200 --> 01:20:40.200] Would you say that in the traffic court cases
[01:20:40.200 --> 01:20:43.200] that they don't seem to honor the Rules of Evidence?
[01:20:43.200 --> 01:20:45.200] Oh, I absolutely agree.
[01:20:45.200 --> 01:20:49.200] They don't honor the Rules of Evidence or Discovery or anything else.
[01:20:49.200 --> 01:20:52.200] Okay, that's exactly what I thought you were going to say.
[01:20:52.200 --> 01:20:57.200] But what it's saying here in the Rules of Evidence Handbook
[01:20:57.200 --> 01:20:59.200] is it says that the Rules of Evidence
[01:20:59.200 --> 01:21:02.200] basically apply in adversarial proceedings
[01:21:02.200 --> 01:21:04.200] or where someone's liberty is at stake,
[01:21:04.200 --> 01:21:08.200] but it doesn't apply for evidentiary or preliminary hearings
[01:21:08.200 --> 01:21:15.200] or other types of trials like that or arbitration or small claims court.
[01:21:15.200 --> 01:21:20.200] So maybe what we're running into is these are actually preliminary examinations
[01:21:20.200 --> 01:21:27.200] or small claims court or some other kind of administrative parole
[01:21:27.200 --> 01:21:30.200] that they simply won't tell us that it's not a regular court.
[01:21:30.200 --> 01:21:31.200] Well, that may be.
[01:21:31.200 --> 01:21:34.200] Well, I would agree that they're accusing you of one thing,
[01:21:34.200 --> 01:21:37.200] but they're trying you under a different set of procedures.
[01:21:37.200 --> 01:21:42.200] But the problem is that Chapter 45 specifically says
[01:21:42.200 --> 01:21:48.200] that the Rules of Evidence apply in those cases.
[01:21:48.200 --> 01:21:52.200] It's written right into Chapter 45 that the Rules of Evidence,
[01:21:52.200 --> 01:21:58.200] anything not specifically dealt with evidence-wise within 45,
[01:21:58.200 --> 01:22:00.200] the Rules of Evidence apply.
[01:22:00.200 --> 01:22:01.200] Okay.
[01:22:01.200 --> 01:22:08.200] Yes, and in the Code of Criminal Procedure 1604 in an examining trial,
[01:22:08.200 --> 01:22:16.200] these are those issues not covered by 45 or those issues.
[01:22:16.200 --> 01:22:19.200] Any issue where your liberty is at stake,
[01:22:19.200 --> 01:22:22.200] it specifically states that the Rules of Evidence apply.
[01:22:22.200 --> 01:22:23.200] Yeah.
[01:22:23.200 --> 01:22:29.200] Now, 45 also says that anything that is written in another part of the Code
[01:22:29.200 --> 01:22:35.200] of Criminal Procedure that's not dealt with in 45 is also applicable,
[01:22:35.200 --> 01:22:39.200] at least as far as it relates to the thing at hand.
[01:22:39.200 --> 01:22:43.200] But the Code of Criminal Procedure in its entirety applies,
[01:22:43.200 --> 01:22:45.200] as do the Rules of Evidence.
[01:22:45.200 --> 01:22:49.200] Whether these judges wish to admit it or not, it does,
[01:22:49.200 --> 01:22:53.200] which brings me to the issue I wanted to bring up with Randy a while ago, Tim,
[01:22:53.200 --> 01:22:54.200] and I'm not trying to cut you off.
[01:22:54.200 --> 01:22:55.200] Please hang on for a second.
[01:22:55.200 --> 01:22:56.200] Sure.
[01:22:56.200 --> 01:23:01.200] But I actually had a caller that I've been communicating with for some assistance,
[01:23:01.200 --> 01:23:06.200] Randy, and he actually had someone who went to court,
[01:23:06.200 --> 01:23:09.200] used my motions from the traffic seminar,
[01:23:09.200 --> 01:23:12.200] especially the one dealing with the authority of the city attorney
[01:23:12.200 --> 01:23:15.200] to prosecute in the name of the state,
[01:23:15.200 --> 01:23:19.200] made the argument that it was a violation of the state constitution
[01:23:19.200 --> 01:23:22.200] and the Code of Criminal Procedure.
[01:23:22.200 --> 01:23:27.200] The judge called them both into chambers, the prosecution and the defendant,
[01:23:27.200 --> 01:23:30.200] and told them that they would hold them in contempt of court
[01:23:30.200 --> 01:23:36.200] if they tried to utilize any more Republic of Texas crap in his courtroom,
[01:23:36.200 --> 01:23:42.200] even though the only thing that's cited is the Constitution and the statutes.
[01:23:42.200 --> 01:23:46.200] Now, the first thing I would have done to this judge would have been to object
[01:23:46.200 --> 01:23:51.200] and state, since when is the Constitution or the laws of this state
[01:23:51.200 --> 01:23:54.200] Republic of Texas crap?
[01:23:54.200 --> 01:23:55.200] Yeah.
[01:23:55.200 --> 01:23:57.200] And by what authority do you ignore it?
[01:23:57.200 --> 01:24:02.200] He used to call court charges against the judge.
[01:24:02.200 --> 01:24:07.200] Let the judge explain that to a grand jury.
[01:24:07.200 --> 01:24:09.200] I hope he had his recorder on when he said that.
[01:24:09.200 --> 01:24:14.200] Well, again, folks, I can't say this enough.
[01:24:14.200 --> 01:24:19.200] Don't talk to a public serpent without a recorder, period,
[01:24:19.200 --> 01:24:22.200] no matter where or when you are.
[01:24:22.200 --> 01:24:29.200] Get used to carrying it with you, like your hair.
[01:24:29.200 --> 01:24:32.200] And use it.
[01:24:32.200 --> 01:24:34.200] All right, Sam, please, go ahead with what you're doing.
[01:24:34.200 --> 01:24:37.200] So where was the jurisdiction where this occurred?
[01:24:37.200 --> 01:24:40.200] I don't have the answer to that.
[01:24:40.200 --> 01:24:47.200] I know it was here in Texas, but I don't know which town.
[01:24:47.200 --> 01:24:49.200] If I can get it, we'll call down there.
[01:24:49.200 --> 01:24:51.200] It would be Austin area, I believe.
[01:24:51.200 --> 01:24:54.200] Say again.
[01:24:54.200 --> 01:24:59.200] So we need to call down and ask for a YouTube interview,
[01:24:59.200 --> 01:25:00.200] an on-camera interview.
[01:25:00.200 --> 01:25:02.200] We're doing YouTube videos.
[01:25:02.200 --> 01:25:05.200] We want to interview with the judge who threatens people with
[01:25:05.200 --> 01:25:09.200] contempt if they mention the laws or Constitution in their court.
[01:25:09.200 --> 01:25:12.200] Yeah, and then makes an arbitrary argument about something
[01:25:12.200 --> 01:25:19.200] that's never discussed in the brief that's submitted to him.
[01:25:19.200 --> 01:25:21.200] So YouTube makes them nuts.
[01:25:21.200 --> 01:25:25.200] I have great fun with YouTube.
[01:25:25.200 --> 01:25:27.200] So maybe we can get the judge's attention.
[01:25:27.200 --> 01:25:29.200] We're going to have to start going after these judges.
[01:25:29.200 --> 01:25:33.200] Well, I think we need to start a new video channel.
[01:25:33.200 --> 01:25:39.200] We'll call it UBOOB.
[01:25:39.200 --> 01:25:41.200] Well, just to wrap this up real quick,
[01:25:41.200 --> 01:25:43.200] because I know we're almost at the end of the segment.
[01:25:43.200 --> 01:25:47.200] So basically what I'm looking at in here is that the rules of
[01:25:47.200 --> 01:25:51.200] evidence apply only in certain things like adversarial
[01:25:51.200 --> 01:25:54.200] proceedings, but traffic court actually is an adversarial
[01:25:54.200 --> 01:25:56.200] proceeding, so they should apply,
[01:25:56.200 --> 01:25:58.200] but they're not being applied properly.
[01:25:58.200 --> 01:25:59.200] That's what you're saying.
[01:25:59.200 --> 01:26:00.200] That's correct.
[01:26:00.200 --> 01:26:01.200] Okay.
[01:26:01.200 --> 01:26:05.200] I found that interesting, and it seemed to be pointing to,
[01:26:05.200 --> 01:26:09.200] well, maybe we don't know something, but maybe we do.
[01:26:09.200 --> 01:26:10.200] We know it.
[01:26:10.200 --> 01:26:11.200] They're just ignoring it.
[01:26:11.200 --> 01:26:12.200] That's the difference.
[01:26:12.200 --> 01:26:13.200] Okay.
[01:26:13.200 --> 01:26:15.200] Well, that makes more sense, too, though.
[01:26:15.200 --> 01:26:16.200] Okay.
[01:26:16.200 --> 01:26:17.200] Well, I appreciate it.
[01:26:17.200 --> 01:26:19.200] And, Eddie, I look forward to when you get back online.
[01:26:19.200 --> 01:26:20.200] Thanks.
[01:26:20.200 --> 01:26:21.200] All right.
[01:26:21.200 --> 01:26:22.200] Bye-bye.
[01:26:22.200 --> 01:26:23.200] All right.
[01:26:23.200 --> 01:26:24.200] Thanks, Tim.
[01:26:24.200 --> 01:26:25.200] Okay.
[01:26:25.200 --> 01:26:27.200] We're going now to Dawn in Georgia.
[01:26:27.200 --> 01:26:28.200] Dawn, thanks for calling in.
[01:26:28.200 --> 01:26:30.200] What's on your mind tonight?
[01:26:30.200 --> 01:26:31.200] Good evening.
[01:26:31.200 --> 01:26:32.200] How is everybody?
[01:26:32.200 --> 01:26:33.200] Pretty good.
[01:26:33.200 --> 01:26:34.200] Good.
[01:26:34.200 --> 01:26:35.200] Thanks.
[01:26:35.200 --> 01:26:37.200] I don't know what's going on, but I was studying for midterms
[01:26:37.200 --> 01:26:39.200] about contracts, in fact, and it seems like that's what the
[01:26:39.200 --> 01:26:42.200] topic of tonight was, so it's a little creepy,
[01:26:42.200 --> 01:26:45.200] but I'm glad that that was the topic.
[01:26:45.200 --> 01:26:48.200] I have a couple of comments, and one for Dan.
[01:26:48.200 --> 01:26:51.200] I just want to say good luck on Thursday,
[01:26:51.200 --> 01:26:53.200] and I hope everything goes well.
[01:26:53.200 --> 01:26:56.200] For Randy, I have a question for you.
[01:26:56.200 --> 01:26:59.200] As far as the stuff you've been working on,
[01:26:59.200 --> 01:27:03.200] I guess the unconscionability.
[01:27:03.200 --> 01:27:06.200] I've been studying the defenses to contracts,
[01:27:06.200 --> 01:27:09.200] including the frauds that you've been talking about,
[01:27:09.200 --> 01:27:12.200] and unconscionability falling underneath that,
[01:27:12.200 --> 01:27:14.200] that if you have a take it or leave it kind of contract,
[01:27:14.200 --> 01:27:17.200] where you don't have a lot of bargaining power
[01:27:17.200 --> 01:27:20.200] and you're working with somebody who is much more superior
[01:27:20.200 --> 01:27:23.200] than you as far as bargaining goes,
[01:27:23.200 --> 01:27:29.200] then sometimes you can keep that contract from actually being enforceable.
[01:27:29.200 --> 01:27:34.200] Is that something that maybe we could look at in the mortgage industry?
[01:27:34.200 --> 01:27:40.200] Yeah, I think what that essentially goes to is equitable estoppel.
[01:27:40.200 --> 01:27:42.200] Okay.
[01:27:42.200 --> 01:27:48.200] Where the other party has failed to negotiate in good faith
[01:27:48.200 --> 01:27:54.200] or has pressured the other party
[01:27:54.200 --> 01:27:59.200] into accepting unconscionable covenants in the contract,
[01:27:59.200 --> 01:28:03.200] that the contract there equitably has stopped from enforcing the contract.
[01:28:03.200 --> 01:28:07.200] I think that's where we can go to with that.
[01:28:07.200 --> 01:28:09.200] Okay.
[01:28:09.200 --> 01:28:11.200] It's one of the pieces I'm researching out.
[01:28:11.200 --> 01:28:15.200] You mentioned something when we were talking in the airport
[01:28:15.200 --> 01:28:22.200] about if the lender comes to the table at closing
[01:28:22.200 --> 01:28:28.200] and drops on you a different set of contractual conditions
[01:28:28.200 --> 01:28:32.200] than those over which you negotiated,
[01:28:32.200 --> 01:28:34.200] that he has essentially stopped from doing that.
[01:28:34.200 --> 01:28:38.200] Will you explain that issue?
[01:28:38.200 --> 01:28:41.200] Yes.
[01:28:41.200 --> 01:28:44.200] What I was looking at for that was promissory estoppel,
[01:28:44.200 --> 01:28:50.200] and what that is is you rely on a set of standards and conditions
[01:28:50.200 --> 01:28:53.200] that you relied on to your detriment.
[01:28:53.200 --> 01:28:55.200] So what I was looking at that,
[01:28:55.200 --> 01:28:58.200] and that was that USA Today article we were looking into
[01:28:58.200 --> 01:29:03.200] where people were trying to get their loans renegotiated,
[01:29:03.200 --> 01:29:06.200] and to their own detriment they didn't try to sell their house,
[01:29:06.200 --> 01:29:08.200] they didn't try to get out from underneath the loan.
[01:29:08.200 --> 01:29:11.200] They stayed there for about six months or eight months,
[01:29:11.200 --> 01:29:14.200] and then all of a sudden whoever the bank was, the big four,
[01:29:14.200 --> 01:29:16.200] they would back out,
[01:29:16.200 --> 01:29:20.200] and they were only maybe renegotiating about 30% of the time.
[01:29:20.200 --> 01:29:23.200] That is a promissory estoppel kind of thing
[01:29:23.200 --> 01:29:26.200] because those people really could have had other options
[01:29:26.200 --> 01:29:31.200] if they had not relied on the promises made by the bank.
[01:29:31.200 --> 01:29:36.200] So when the bank tells them in order to qualify
[01:29:36.200 --> 01:29:42.200] you have to be a couple of payments behind,
[01:29:42.200 --> 01:29:47.200] they allow the couple of payments behind
[01:29:47.200 --> 01:29:51.200] so that they can secure the modification
[01:29:51.200 --> 01:29:53.200] and then they're lying to them the whole time.
[01:29:53.200 --> 01:29:57.200] Okay, Randy Kelton, Debra Stevens, Eddie Craig,
[01:29:57.200 --> 01:30:02.200] Radio, we'll be right back.
[01:30:27.200 --> 01:30:31.200] Please go to okcbombingtruth.com.
[01:30:31.200 --> 01:30:34.200] It's summer in 2017 and it's hot,
[01:30:34.200 --> 01:30:38.200] but when you go to turn on your A.C. you find you no longer can.
[01:30:38.200 --> 01:30:39.200] I'm Director Catherine Albrecht
[01:30:39.200 --> 01:30:43.200] and I'll tell you about the coming smart grid in just a moment.
[01:30:43.200 --> 01:30:45.200] Privacy is under attack.
[01:30:45.200 --> 01:30:48.200] When you give up data about yourself you'll never get it back again,
[01:30:48.200 --> 01:30:50.200] and once your privacy is gone
[01:30:50.200 --> 01:30:53.200] you'll find your freedoms will start to vanish too.
[01:30:53.200 --> 01:30:54.200] So protect your rights.
[01:30:54.200 --> 01:30:58.200] Say no to surveillance and keep your information to yourself.
[01:30:58.200 --> 01:31:00.200] Privacy, it's worth hanging on to.
[01:31:00.200 --> 01:31:04.200] This public service announcement is brought to you by Startpage.com,
[01:31:04.200 --> 01:31:08.200] the private search engine alternative to Google, Yahoo, and Bing.
[01:31:08.200 --> 01:31:12.200] Start over with Startpage.
[01:31:12.200 --> 01:31:14.200] You've probably heard of smart cars,
[01:31:14.200 --> 01:31:16.200] but have you heard of the smart grid?
[01:31:16.200 --> 01:31:20.200] Stimulus money is being used to fund smart electric meters across the country.
[01:31:20.200 --> 01:31:23.200] Chances are there's already one on the side of your house.
[01:31:23.200 --> 01:31:28.200] Smart meters allow for two-way communication between your home's electric system and the power company,
[01:31:28.200 --> 01:31:33.200] but monitoring your energy consumption today could turn into rationing tomorrow.
[01:31:33.200 --> 01:31:35.200] Already power companies are running trials
[01:31:35.200 --> 01:31:39.200] where they remotely turn off people's air conditioners during peak hours.
[01:31:39.200 --> 01:31:44.200] Eventually the smart grid will monitor every time you use the toaster or run the dryer.
[01:31:44.200 --> 01:31:47.200] It'll know when you're home or when you use the guest room.
[01:31:47.200 --> 01:31:51.200] It's all micromanagement and it's the future, unless we say no.
[01:31:51.200 --> 01:31:56.200] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:32:21.200 --> 01:32:38.200] The wicked come with temptations They're trying to buy the whole place
[01:32:38.200 --> 01:32:48.200] They want to poison the nation Because they've fallen from grace
[01:32:48.200 --> 01:32:55.200] I will not think about her
[01:32:55.200 --> 01:32:57.200] Take that away
[01:32:57.200 --> 01:33:01.200] I will not think about her
[01:33:01.200 --> 01:33:04.200] I will not think about her
[01:33:04.200 --> 01:33:06.200] Take that away
[01:33:06.200 --> 01:33:09.200] I will not think about her
[01:33:09.200 --> 01:33:12.400] you negotiate a set of conditions,
[01:33:13.560 --> 01:33:18.560] and the one party uses unfair influence
[01:33:19.320 --> 01:33:22.680] to change the contract.
[01:33:22.680 --> 01:33:27.680] It had to do with that the negotiation was,
[01:33:29.400 --> 01:33:31.000] that the offer was rescinded,
[01:33:31.000 --> 01:33:33.740] that the original offer of contract was rescinded.
[01:33:35.360 --> 01:33:36.440] Do you recall that?
[01:33:36.440 --> 01:33:39.720] Right, yeah, real estate is common law,
[01:33:39.720 --> 01:33:43.420] and I remember now we were talking about revocation.
[01:33:45.120 --> 01:33:49.040] My, again, my studies in real estate are very limited,
[01:33:49.040 --> 01:33:51.960] but the contract piece, I've been studying for midterms,
[01:33:51.960 --> 01:33:56.780] and when you have a common law offer,
[01:33:56.780 --> 01:33:58.240] that would be an offer from, let's say,
[01:33:58.240 --> 01:34:00.640] a real estate agent or somebody else,
[01:34:00.640 --> 01:34:02.240] you have to have what's called the mirror rule.
[01:34:02.240 --> 01:34:04.900] You have to accept it exactly the way
[01:34:04.900 --> 01:34:05.940] that it's been presented,
[01:34:05.940 --> 01:34:10.120] and if you don't, or if the offer changes in some way,
[01:34:10.120 --> 01:34:13.200] that is a revocation, in other words,
[01:34:13.200 --> 01:34:16.360] it revokes the right of acceptance,
[01:34:16.360 --> 01:34:18.320] and then you have to renegotiate.
[01:34:19.400 --> 01:34:22.680] So people who are being forced into these other contracts,
[01:34:23.720 --> 01:34:26.720] you know, may not be getting a real fair shake
[01:34:27.880 --> 01:34:30.200] under the common law, which really governs
[01:34:30.200 --> 01:34:31.800] in the United States every single one
[01:34:31.800 --> 01:34:33.300] of our real estate contracts.
[01:34:33.300 --> 01:34:37.940] Do you see forces in the instruments,
[01:34:37.940 --> 01:34:40.020] but the actual title for the land
[01:34:40.020 --> 01:34:41.460] is all done by common law?
[01:34:42.340 --> 01:34:45.920] So what would be the remedy if, you know,
[01:34:45.920 --> 01:34:50.920] I so arranged my affairs based on negotiation
[01:34:51.980 --> 01:34:56.180] with the lender and promised by the lender
[01:34:57.100 --> 01:35:00.340] to the point that I am up to closing,
[01:35:00.340 --> 01:35:03.540] and my affairs have been adjusted
[01:35:03.540 --> 01:35:06.580] so that I now depend on the closing
[01:35:06.580 --> 01:35:08.900] because I sold the house I'm in
[01:35:08.900 --> 01:35:11.940] so that I can purchase the house I'm purchasing,
[01:35:11.940 --> 01:35:14.340] and at the last moment, they changed the deal.
[01:35:15.460 --> 01:35:16.700] What's my remedy?
[01:35:17.980 --> 01:35:20.700] Well, I can tell you from my contract's course,
[01:35:20.700 --> 01:35:22.220] that would be unenforceable.
[01:35:24.380 --> 01:35:27.660] I mean, literally, you could walk away from the table,
[01:35:27.660 --> 01:35:30.460] and you could sue for breach, material breach.
[01:35:33.060 --> 01:35:35.980] Something that Tim said about getting that release of lien,
[01:35:35.980 --> 01:35:40.460] there's something else, again, from my contract's course,
[01:35:40.460 --> 01:35:43.820] where it's called a suit of quiet title,
[01:35:43.820 --> 01:35:48.620] and I'm not sure how it goes in every single state,
[01:35:48.620 --> 01:35:51.020] but what that is is where you go ahead
[01:35:51.020 --> 01:35:53.900] and you file a lawsuit to prevent anybody else
[01:35:53.900 --> 01:35:56.400] from claiming any kind of title to your land.
[01:35:56.400 --> 01:35:59.600] Yeah, but here's the problem with that.
[01:36:02.040 --> 01:36:06.400] Say you purchase an automobile for someone,
[01:36:06.400 --> 01:36:08.080] you purchase it in good faith,
[01:36:09.000 --> 01:36:13.640] you receive the automobile and sue for quiet title,
[01:36:14.800 --> 01:36:17.200] and they give you quiet title,
[01:36:17.200 --> 01:36:21.040] and then someone comes along and says, wait a minute,
[01:36:21.040 --> 01:36:26.720] guy, you purchased that from fake to title,
[01:36:26.720 --> 01:36:28.600] and the title you have is garbage
[01:36:28.600 --> 01:36:30.480] because I've got the original here,
[01:36:30.480 --> 01:36:31.720] I've got the real title,
[01:36:31.720 --> 01:36:33.680] and I have real claim to that property,
[01:36:33.680 --> 01:36:35.280] it was mine in the first place.
[01:36:37.600 --> 01:36:39.040] What then?
[01:36:39.040 --> 01:36:42.920] Well, if the court orders for real property,
[01:36:42.920 --> 01:36:45.560] a quiet title, and that's what it stands,
[01:36:45.560 --> 01:36:48.400] under the UCC, which covers all the movable goods,
[01:36:48.400 --> 01:36:51.480] I'm not really sure how that would work for an automobile,
[01:36:51.480 --> 01:36:53.280] but under common law,
[01:36:53.280 --> 01:36:55.640] and I don't know again how it works in state to state,
[01:36:55.640 --> 01:36:57.600] but if you sue for quiet title,
[01:36:57.600 --> 01:37:00.120] and the court orders quiet title, that quiet,
[01:37:01.000 --> 01:37:04.480] anything else that anybody could raise against your property.
[01:37:05.720 --> 01:37:08.480] Okay, yeah, and looking and thinking about that,
[01:37:08.480 --> 01:37:13.480] there's gonna have to be some pretty astringent requirements
[01:37:13.480 --> 01:37:17.080] that you'd have to meet before you could claim quiet title.
[01:37:18.520 --> 01:37:22.080] It would seem we would have to have a way of saying,
[01:37:22.080 --> 01:37:27.080] there can be no one else with a claim to this title,
[01:37:27.080 --> 01:37:29.800] and frankly, this is one of the things I was thinking about
[01:37:29.800 --> 01:37:33.880] as a way to fix this foreclosure issue.
[01:37:35.280 --> 01:37:38.760] If we can claim vicarious liability
[01:37:38.760 --> 01:37:43.760] for all persons who have any interest
[01:37:43.760 --> 01:37:48.760] in the security instrument, the note on the property,
[01:37:49.800 --> 01:37:52.000] by claiming fraud and inducement,
[01:37:52.000 --> 01:37:57.000] fraud by the common law fraud, fraud by non-disclosure,
[01:37:59.400 --> 01:38:01.560] in the creation of the contract,
[01:38:01.560 --> 01:38:04.960] and maintain that anyone involved in the contract
[01:38:04.960 --> 01:38:08.960] is subject to various vicarious reliability
[01:38:08.960 --> 01:38:10.920] for all of the fraud committed,
[01:38:10.920 --> 01:38:13.720] then anyone who would subsequently bring a claim
[01:38:13.720 --> 01:38:18.720] under the contract could then be equitably stopped,
[01:38:21.560 --> 01:38:25.120] and under that circumstance, the grant quiet title
[01:38:25.120 --> 01:38:28.760] as it relates to any claim based on
[01:38:28.760 --> 01:38:30.760] this original promissory note.
[01:38:30.760 --> 01:38:34.080] Well, the neat thing, at least at common law,
[01:38:34.080 --> 01:38:36.480] from, again, my contract, from 1L,
[01:38:36.480 --> 01:38:40.280] it says that if you're in possession of the property,
[01:38:40.280 --> 01:38:41.920] you have got the upper hand.
[01:38:44.880 --> 01:38:47.840] Yes, and anyone who would come and make a claim
[01:38:47.840 --> 01:38:51.760] against the property would have to prove up their claim
[01:38:51.760 --> 01:38:56.280] beyond a reasonable doubt, and you have nothing to prove
[01:38:56.280 --> 01:38:59.760] because you are in possession of the property.
[01:38:59.760 --> 01:39:03.680] Because you are the prima facie holder.
[01:39:03.680 --> 01:39:05.400] Yeah, you're in possession of it,
[01:39:05.400 --> 01:39:09.880] and basically, the mortgagee, not the landowner,
[01:39:09.880 --> 01:39:11.280] would just bring the action.
[01:39:13.720 --> 01:39:17.560] Right, so when they came in, when that law firm comes
[01:39:17.560 --> 01:39:21.400] and says, I have authority to foreclose,
[01:39:22.440 --> 01:39:24.080] he has to prove it up.
[01:39:24.960 --> 01:39:27.120] We don't have to prove that he doesn't.
[01:39:27.120 --> 01:39:31.920] Right, in civil court, though, my understanding is only 51%.
[01:39:31.920 --> 01:39:34.760] It is not actually beyond a reasonable doubt.
[01:39:34.760 --> 01:39:36.080] That's criminal law.
[01:39:36.080 --> 01:39:39.680] But in possession of the property,
[01:39:39.680 --> 01:39:43.200] you're really actually in a better situation
[01:39:43.200 --> 01:39:48.200] than somebody who comes with, and the way we like to say it,
[01:39:48.280 --> 01:39:51.880] it's in pieces and titles from different organizations.
[01:39:51.880 --> 01:39:56.240] Who really owns greater than 50% or greater than 20%
[01:39:56.240 --> 01:39:58.520] of who really has that property.
[01:39:58.520 --> 01:40:01.960] If they can't prove it, then that person in possession
[01:40:01.960 --> 01:40:03.880] who's got their couch in the living room,
[01:40:03.880 --> 01:40:06.680] obviously, they should be able to make a good claim for it.
[01:40:09.160 --> 01:40:12.160] It has been that the courts have been ignoring our claims,
[01:40:12.160 --> 01:40:17.160] but it appears as though the political tide is turning.
[01:40:17.680 --> 01:40:22.200] So now, what we're getting from the courts
[01:40:22.200 --> 01:40:25.160] are responses to what we're doing.
[01:40:25.160 --> 01:40:28.920] The responses are saying, we didn't give you what you want,
[01:40:30.080 --> 01:40:33.920] but here is precisely why we didn't give it to you.
[01:40:33.920 --> 01:40:36.920] Here's what we need so that we can give it to you.
[01:40:38.520 --> 01:40:42.400] The frustrating part is is that each of the courts
[01:40:42.400 --> 01:40:45.120] seem to be asking for something else.
[01:40:46.520 --> 01:40:49.440] So it seems as though each court is gonna have
[01:40:49.440 --> 01:40:51.400] a different set of requirements,
[01:40:51.400 --> 01:40:54.080] but we're plowing our way through them.
[01:40:54.080 --> 01:40:56.600] If you give the court what they ask for,
[01:40:56.600 --> 01:40:59.480] will then the suit be successful?
[01:41:00.360 --> 01:41:02.880] That's essentially what they're telling us.
[01:41:02.880 --> 01:41:05.440] So it's not like you've lost,
[01:41:05.440 --> 01:41:06.760] this is what you should have done.
[01:41:06.760 --> 01:41:08.080] It's like if you do this,
[01:41:08.080 --> 01:41:09.320] then we'll give you what you want.
[01:41:09.320 --> 01:41:10.160] Is that right?
[01:41:10.160 --> 01:41:13.000] Yeah, we didn't give it to you this time,
[01:41:13.000 --> 01:41:14.640] but if you come back and do it right,
[01:41:14.640 --> 01:41:15.480] you got a shot at it.
[01:41:15.480 --> 01:41:17.680] With the same case, you mean?
[01:41:17.680 --> 01:41:20.040] Yeah, almost always you can come back
[01:41:20.040 --> 01:41:22.560] if you didn't get it right,
[01:41:22.560 --> 01:41:25.160] it's almost never sudden death.
[01:41:25.160 --> 01:41:26.000] Now that's good.
[01:41:26.000 --> 01:41:27.640] There are a few things that are sudden death,
[01:41:27.640 --> 01:41:30.080] but most of the things involving motions
[01:41:30.080 --> 01:41:33.440] and moving the court is if you don't get it right,
[01:41:33.440 --> 01:41:34.280] it's not sudden death,
[01:41:34.280 --> 01:41:38.720] you can come back with a notice of errata
[01:41:38.720 --> 01:41:43.720] or a more definite pleading.
[01:41:43.720 --> 01:41:47.720] There's a lot of things you can do to recover from oopses.
[01:41:47.720 --> 01:41:48.560] That's good.
[01:41:48.560 --> 01:41:50.760] Especially when the court tells you what you need to do
[01:41:50.760 --> 01:41:53.360] and you can file for reconsideration
[01:41:53.360 --> 01:41:55.160] based on the new information.
[01:41:55.160 --> 01:41:57.000] That's very helpful.
[01:41:57.000 --> 01:42:00.960] That's not considered litigating from the bench, is it?
[01:42:00.960 --> 01:42:03.720] No, I had a, someone called me today
[01:42:03.720 --> 01:42:07.960] and complained about the court doing that to the other side.
[01:42:07.960 --> 01:42:10.600] And then I reminded him, wait a minute, wait a minute,
[01:42:10.600 --> 01:42:14.680] when you first filed, they denied your TRO
[01:42:14.680 --> 01:42:16.880] and then send you this six page brief
[01:42:16.880 --> 01:42:19.400] telling you exactly why they denied it,
[01:42:19.400 --> 01:42:21.080] what they needed, what you didn't give them,
[01:42:21.080 --> 01:42:22.960] what you needed to give them.
[01:42:22.960 --> 01:42:26.920] And he said, oh, okay, you got a point there.
[01:42:26.920 --> 01:42:29.080] So they actually do that to both sides.
[01:42:30.240 --> 01:42:32.920] But they didn't used to do it to the pro se.
[01:42:32.920 --> 01:42:35.720] Now they seem to be doing it to the pro se.
[01:42:35.720 --> 01:42:39.040] It's like the courts are saying, give me what I need
[01:42:39.040 --> 01:42:43.480] so I can give you the response that you want.
[01:42:43.480 --> 01:42:46.560] I'm getting the impression, the political pressure is on
[01:42:47.800 --> 01:42:52.800] to bring the, to give the voter confidence
[01:42:52.800 --> 01:42:56.800] in the system so that they'll vote for the incumbents.
[01:42:56.800 --> 01:42:59.880] Well, and besides, these aren't public serpents.
[01:42:59.880 --> 01:43:02.600] This is private industry.
[01:43:02.600 --> 01:43:05.960] And so the judges really have no incentive
[01:43:05.960 --> 01:43:07.760] to want to protect the lender.
[01:43:07.760 --> 01:43:11.400] Like they would want to protect their business.
[01:43:11.400 --> 01:43:14.920] They want to protect their prosecutor buddy.
[01:43:16.120 --> 01:43:16.960] Exactly.
[01:43:16.960 --> 01:43:18.960] Precisely, that's the deal.
[01:43:18.960 --> 01:43:21.520] And when we come back, when we get,
[01:43:21.520 --> 01:43:24.960] if we run out of callers, I'll talk about how we're using
[01:43:24.960 --> 01:43:29.960] that very relationship to put more pressure on the lenders.
[01:43:30.600 --> 01:43:32.960] Now, Don, we've got a couple of the callers on the line.
[01:43:32.960 --> 01:43:35.240] Do you want to stay on the line while we take Kevin?
[01:43:35.240 --> 01:43:37.960] Or do you have more you wanted to talk about?
[01:43:37.960 --> 01:43:39.640] I just wanted to ask an opinion.
[01:43:39.640 --> 01:43:41.320] If he could answer when he gets back,
[01:43:41.320 --> 01:43:42.960] what do you think's going to happen
[01:43:42.960 --> 01:43:45.960] when the banking committee comes back on November 16th
[01:43:45.960 --> 01:43:48.240] and addresses some of this mortgage mess?
[01:43:48.240 --> 01:43:49.840] All right, good question.
[01:43:49.840 --> 01:43:51.480] We'll be right back, folks.
[01:43:51.480 --> 01:43:52.320] Thank you all so much.
[01:43:52.320 --> 01:43:54.280] You're welcome to stay on the line if you'd like, Don.
[01:43:54.280 --> 01:43:55.240] I'm good, thanks.
[01:43:55.240 --> 01:43:56.320] Okay, we'll be right back.
[01:43:56.320 --> 01:43:57.160] All right.
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[01:45:55.720 --> 01:46:03.880] When the karma is lurking around the karma,
[01:46:03.880 --> 01:46:06.760] you better watch, baby, get ready to take,
[01:46:06.760 --> 01:46:09.800] and get in touch with the problem, you,
[01:46:09.800 --> 01:46:13.800] you know, yeah.
[01:46:13.800 --> 01:46:15.560] Yeah, baby, Jerry,
[01:46:15.560 --> 01:46:17.240] some reality,
[01:46:17.240 --> 01:46:21.560] we love you.
[01:46:21.560 --> 01:46:24.200] Again, karma is lurking around the karma,
[01:46:24.200 --> 01:46:29.400] and it's been Jerry, as we saw,
[01:46:29.400 --> 01:46:33.240] so shall we read,
[01:46:33.240 --> 01:46:35.240] from so many girls,
[01:46:35.240 --> 01:46:37.160] no words can put on,
[01:46:37.160 --> 01:46:41.640] oh, love me.
[01:46:41.640 --> 01:46:45.160] Okay, folks, we are back.
[01:46:45.160 --> 01:46:47.640] Okay, Dawn,
[01:46:47.640 --> 01:46:49.000] we're not able to answer your question
[01:46:49.000 --> 01:46:51.960] because we don't know what this banking committee is
[01:46:51.960 --> 01:46:53.600] that you're referring to.
[01:46:53.600 --> 01:46:58.100] So, if you want to call back in and clarify, then we can try to answer your question.
[01:46:58.980 --> 01:47:03.920] But I do have some triputation about a banking committee.
[01:47:05.080 --> 01:47:13.140] I can't see a banking committee abandoning the banks and saying they're all a bunch
[01:47:13.140 --> 01:47:19.540] of bottom-feeding scumbags and they all need to go to prison.
[01:47:19.540 --> 01:47:28.860] I am concerned about one bill that's floating around that would essentially attempt
[01:47:28.860 --> 01:47:43.460] to grant not clemency, but essentially protect all of these attorneys from any civil
[01:47:43.460 --> 01:47:46.660] or criminal retribution for the crapola they've been pulling.
[01:47:46.660 --> 01:47:52.900] I expect the bill to be floating around because the bad guys, you know,
[01:47:52.900 --> 01:47:55.180] they see the sky falling in on them.
[01:47:55.180 --> 01:47:56.820] They're going to do their best to get covered.
[01:47:57.600 --> 01:48:05.980] But I'm hoping that there is enough pressure from the people that are waking up
[01:48:05.980 --> 01:48:11.480] and they're not happy to frighten the politicians enough to keep them from doing this.
[01:48:11.480 --> 01:48:21.380] I think if even a lame duck session votes in this garbage, that we will change out enough
[01:48:21.380 --> 01:48:28.560] of the incumbents to break up their PACs and their organizations to give us opportunity
[01:48:28.560 --> 01:48:32.640] to fix a lot of the garbage that they've produced recently.
[01:48:32.640 --> 01:48:39.120] One of the things I would like to see fixed is this issue on derivatives,
[01:48:39.120 --> 01:48:45.580] a bill that would forbid insurance companies from paying off on derivatives and order them
[01:48:45.580 --> 01:48:49.660] to return the premiums to the people who purchased the derivatives
[01:48:50.480 --> 01:48:55.400] that would eliminate this great incentive for the lenders to foreclose on the notes
[01:48:56.440 --> 01:49:01.480] and take a whole lot of pressure off and also save the taxpayer a fortune.
[01:49:02.360 --> 01:49:07.460] Yeah, and so listen, bankers out there, we want some bankers to call in.
[01:49:07.460 --> 01:49:08.740] We want to hear from some bankers.
[01:49:08.740 --> 01:49:10.140] We want to hear your side of the story.
[01:49:10.140 --> 01:49:13.540] We always like to weigh both sides of the issue here at Rule of Law Radio.
[01:49:13.540 --> 01:49:16.060] So come on, bankers, call in and tell us your side.
[01:49:16.060 --> 01:49:17.820] Tell us if we're wrong, how we're wrong.
[01:49:17.820 --> 01:49:19.940] We'll see if some bankers call in.
[01:49:19.940 --> 01:49:22.460] Listen, bankers, stick up for yourselves.
[01:49:22.460 --> 01:49:23.460] Stand up for yourselves.
[01:49:23.460 --> 01:49:26.060] Call in. Seriously, tell us your side of the story.
[01:49:26.060 --> 01:49:31.180] Yeah, and if you come on, we won't tell banker jokes while you're there.
[01:49:31.180 --> 01:49:33.260] All right, let's move on to some callers.
[01:49:33.260 --> 01:49:34.580] We've got Kevin in Texas.
[01:49:34.580 --> 01:49:36.580] Hi, Deborah.
[01:49:36.580 --> 01:49:38.660] Hey, Kevin, thanks for calling in.
[01:49:38.660 --> 01:49:40.220] What's on your mind?
[01:49:40.220 --> 01:49:44.300] Well, I wanted to kind of have a little bit different reaction
[01:49:44.300 --> 01:49:48.740] with at least some friends of mine with the court on some speeding tickets.
[01:49:48.740 --> 01:49:54.660] The last two friends I helped using material I learned from Randy and you and Eddie,
[01:49:54.660 --> 01:50:02.700] we actually just sent the prosecutor a discovery request of about 30 things,
[01:50:02.700 --> 01:50:08.220] like the logbook and the model of the radar gun and just, you know, things like that,
[01:50:08.220 --> 01:50:11.780] the officer's oath, you know, things like that.
[01:50:11.780 --> 01:50:14.180] My first friend, he walked in the court,
[01:50:14.180 --> 01:50:18.940] judge looked at him and said, your case is dismissed, he walked out.
[01:50:18.940 --> 01:50:22.060] The second guy, this just happened two weeks ago,
[01:50:22.060 --> 01:50:24.220] he actually walked in and made it up to the podium
[01:50:24.220 --> 01:50:27.260] and judge looked at the prosecutor and said, you ready?
[01:50:27.260 --> 01:50:31.060] And he says, yes, he looks at my friend, she looks at my friend and says, are you ready?
[01:50:31.060 --> 01:50:32.900] And he goes, no, I'm not.
[01:50:32.900 --> 01:50:35.300] And she says, well, what's the problem?
[01:50:35.300 --> 01:50:38.780] And he says, well, I haven't received my discovery from the prosecutor.
[01:50:38.780 --> 01:50:42.740] And this guy's got a stack of paper like, you know, cases like three or four feet high
[01:50:42.740 --> 01:50:46.900] and he's gone through it and he can't find anything and he doesn't know.
[01:50:46.900 --> 01:50:49.620] He says, judge, I don't know, I can't find anything.
[01:50:49.620 --> 01:50:54.300] And she just looks at him and says, hey, you know, your ticket's dismissed.
[01:50:54.300 --> 01:50:57.980] So, you know, they didn't want to go any further with it,
[01:50:57.980 --> 01:51:05.540] so basically just doing that, they've won their cases just using the discovery.
[01:51:05.540 --> 01:51:06.220] That's good.
[01:51:06.220 --> 01:51:12.340] Normally, they'll, the judge will deny your attempt to discovery out of hand.
[01:51:12.340 --> 01:51:14.620] Yeah, and I just want to bring up one other thing.
[01:51:14.620 --> 01:51:20.340] I've been doing a little research and this is, I'm going to just read real quick for you.
[01:51:20.340 --> 01:51:27.660] This is from the Texas Criminal Practice Guide for 2010 and it's a right to examining trial.
[01:51:27.660 --> 01:51:34.220] And this is a decision from Clark v. State Criminal Appellate Court, 1967.
[01:51:34.220 --> 01:51:39.060] And it states, the code of criminal procedure provides that all defendants
[01:51:39.060 --> 01:51:44.420] in a felony case shall have the right to an examining trial before indictment
[01:51:44.420 --> 01:51:48.020] in the county having jurisdiction of the offense.
[01:51:48.020 --> 01:51:56.620] However, a suspect accused of a misdemeanor has no right to an examining trial.
[01:51:56.620 --> 01:52:02.460] So, I'm wondering if that's why when you all bring up, you know, the fact, you know,
[01:52:02.460 --> 01:52:06.620] that hey, I didn't get an examining trial, maybe they're ignoring that because of,
[01:52:06.620 --> 01:52:09.340] you know, maybe this case ruling or something similar.
[01:52:09.340 --> 01:52:12.540] Yeah, here's the problem with that case ruling.
[01:52:12.540 --> 01:52:17.540] The code of criminal procedure section they're addressing does say exactly that,
[01:52:17.540 --> 01:52:24.100] that in a felony before indictment, an examining trial must be had,
[01:52:24.100 --> 01:52:33.300] but nowhere does it say that only felonies get one or misdemeanors do not get one.
[01:52:33.300 --> 01:52:40.740] It simply says that in a felony case, then the examining trial must be held before indictment.
[01:52:40.740 --> 01:52:42.620] That's all it says.
[01:52:42.620 --> 01:52:50.100] It does not say that anyone else is denied an examining trial at all.
[01:52:50.100 --> 01:53:00.140] Yeah, so I've been aware of that in the practice guide,
[01:53:00.140 --> 01:53:08.500] and there is simply zero statutory or case law support for that proclamation.
[01:53:08.500 --> 01:53:12.860] It is simply not true.
[01:53:12.860 --> 01:53:17.860] These people read that and they think it's true.
[01:53:17.860 --> 01:53:21.740] Whoever put it in there apparently misread the statute and thought
[01:53:21.740 --> 01:53:27.100] that when it guaranteed you a right to an examining trial in a felony case prior
[01:53:27.100 --> 01:53:31.180] to indictment, I mean, prior to indictment,
[01:53:31.180 --> 01:53:39.980] that that was somehow excluded examining trials in other cases.
[01:53:39.980 --> 01:53:46.220] The other issue is any time you are restricted at your liberty,
[01:53:46.220 --> 01:53:50.500] you have a right to an examining trial.
[01:53:50.500 --> 01:53:56.260] You are required when you receive a citation, the officer can release you
[01:53:56.260 --> 01:54:05.740] on your signatory promise to appear not before a judge, but before a magistrate,
[01:54:05.740 --> 01:54:14.700] and the only thing a magistrate can do is hold an examining trial and post and set bail.
[01:54:14.700 --> 01:54:18.940] Yeah, let's look at the other logical alternative here.
[01:54:18.940 --> 01:54:23.180] Any time you are arrested without warrant, the arrest is presumed
[01:54:23.180 --> 01:54:29.540] to be unlawful unless an examining trial to establish probable cause is held
[01:54:29.540 --> 01:54:35.180] so that the officer is not held liable for kidnapping and false imprisonment.
[01:54:35.180 --> 01:54:40.180] Without the examining trial, that issue is never addressed.
[01:54:40.180 --> 01:54:45.980] Oh, I agree 100% with you guys, and your stance is actually more logical
[01:54:45.980 --> 01:54:49.740] than this court case, but I wanted to just bring it to your attention.
[01:54:49.740 --> 01:54:51.460] Oh, yeah, I've read the case.
[01:54:51.460 --> 01:54:56.420] I've actually looked at it, but I've gone back and read the statute 100 times along
[01:54:56.420 --> 01:55:05.300] with the Chapter 16, and that court decision could not be more off the mark,
[01:55:05.300 --> 01:55:08.060] you know, than is possible.
[01:55:08.060 --> 01:55:13.780] I mean, it's just completely out there versus what the law and due process requires.
[01:55:13.780 --> 01:55:16.940] What case was that?
[01:55:16.940 --> 01:55:29.180] That was, let me pull it up here just take a second, and that was Clark v. State,
[01:55:29.180 --> 01:55:41.060] 417, Southwestern 2nd, 402 at page 403.
[01:55:41.060 --> 01:55:47.340] Now, that's the one that says that they have a right to an examining trial
[01:55:47.340 --> 01:55:49.500] in a felony case.
[01:55:49.500 --> 01:55:51.340] Yes, only in a felony case.
[01:55:51.340 --> 01:55:57.860] Did it say that you have a right to an examining trial only in a felony case,
[01:55:57.860 --> 01:56:05.180] or did it simply guarantee you are in a felony case?
[01:56:05.180 --> 01:56:07.780] Kevin, I don't know if you heard Randy.
[01:56:07.780 --> 01:56:12.220] He was asking, is the word only in that court ruling?
[01:56:12.220 --> 01:56:16.180] Does the court say that it only applies in a felony case,
[01:56:16.180 --> 01:56:19.300] or does it just say it applies in a felony case?
[01:56:19.300 --> 01:56:21.900] Exactly how you just said it, Deborah.
[01:56:21.900 --> 01:56:27.020] It does not have the word only or in any way indicate only.
[01:56:27.020 --> 01:56:34.420] Okay, does it address a misdemeanor case at all, or is this only a case,
[01:56:34.420 --> 01:56:39.740] or is this a case that specifically points to felony?
[01:56:39.740 --> 01:56:42.020] I couldn't answer that because I don't have the entire case.
[01:56:42.020 --> 01:56:43.220] I haven't pulled it yet.
[01:56:43.220 --> 01:56:44.780] I just have the case.
[01:56:44.780 --> 01:56:46.660] I'm relatively certain of what it is.
[01:56:46.660 --> 01:56:53.300] It guarantees the right to an examining trial prior to indictment in a felony case
[01:56:53.300 --> 01:56:56.620] and doesn't speak to misdemeanor at all.
[01:56:56.620 --> 01:57:00.700] Yeah, just as the last sentence is, however a suspect accused of a misdemeanor
[01:57:00.700 --> 01:57:05.140] has no right to an examining trial.
[01:57:05.140 --> 01:57:07.260] Okay, does it have any case?
[01:57:07.260 --> 01:57:08.540] Okay, then that's important.
[01:57:08.540 --> 01:57:10.900] I need to look at that.
[01:57:10.900 --> 01:57:11.420] Yeah.
[01:57:11.420 --> 01:57:14.340] I want to see the statutory support for that.
[01:57:14.340 --> 01:57:18.500] And then just the next thing that's said in this paragraph is,
[01:57:18.500 --> 01:57:22.100] there's no federal constitutional right to an examining trial,
[01:57:22.100 --> 01:57:28.180] and they give a U.S. Supreme Court decision and a Fifth Circuit Court.
[01:57:28.180 --> 01:57:38.100] Okay, I need to see that because, what is it, there's a Florida case,
[01:57:38.100 --> 01:57:45.180] I don't believe I've lost it, but it's very clear, the stacks of case law
[01:57:45.180 --> 01:57:50.100] that absolutely demand that on an arrest without a warrant or with a warrant,
[01:57:50.100 --> 01:57:52.980] you're to be taken to a magistrate immediately for an examining trial.
[01:57:52.980 --> 01:57:56.380] This is, for them to come up with something to say it's not,
[01:57:56.380 --> 01:57:58.700] we need to see how they got there.
[01:57:58.700 --> 01:58:00.780] That's absolutely bogus law.
[01:58:00.780 --> 01:58:04.860] Yeah, I'll get this out to all three of you in an email probably tomorrow.
[01:58:04.860 --> 01:58:08.180] All right, thanks Kevin.
[01:58:08.180 --> 01:58:09.100] Yeah, have a great evening.
[01:58:09.100 --> 01:58:11.780] Okay, y'all too, you too.
[01:58:11.780 --> 01:58:16.620] All right, when we get back, we're going to go to Pat in West Texas,
[01:58:16.620 --> 01:58:18.860] then we've got David.
[01:58:18.860 --> 01:58:20.860] After that, we've got open phone lines.
[01:58:20.860 --> 01:58:25.540] We're at the midway point of our four-hour info marathon.
[01:58:25.540 --> 01:58:30.780] So folks, if you'd like to call in, 512-646-1984.
[01:58:30.780 --> 01:59:00.020] We'll be back after the top of the hour news.
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