ROL_2011-07-01_16k_Hr1-2.timecode

[00:00.000 --> 00:04.600]  This news brief brought to you by the International Newsnet.
[00:04.600 --> 00:09.320]  Sources close to US Treasury Secretary Timothy Geithner say he is considering stepping down
[00:09.320 --> 00:14.560]  later this year, but will not make a decision until negotiations over the US debt ceiling
[00:14.560 --> 00:16.080]  are completed.
[00:16.080 --> 00:21.080]  General Electric Chief Jeff Immelt, who heads a council advising the White House, New York
[00:21.080 --> 00:28.280]  Mayor Michael Bloomberg, and J.P. Morgan Chase Chairman Jamie Dimon, are potential replacements.
[00:28.280 --> 00:32.200]  Darlington, Texas police are testing the use of drones.
[00:32.200 --> 00:37.920]  The department has been evaluating two battery-operated remote-control aircraft away from populated
[00:37.920 --> 00:38.920]  areas.
[00:38.920 --> 00:44.200]  The model helicopter-like drones, just 20 inches long, can carry cameras that shoot
[00:44.200 --> 00:49.280]  high-quality still pictures and videos and have night vision capability.
[00:49.280 --> 00:53.360]  Resident Kimberly Franklin said, quote, I'm opposed to the drones.
[00:53.360 --> 00:56.360]  There is definitely an invasion of privacy factor.
[00:56.360 --> 01:03.160]  Venezuela President Hugo Chavez admitted Thursday he had undergone a successful operation
[01:03.160 --> 01:07.760]  to remove a cancer tumor in Cuba and was on the road to full recovery.
[01:07.760 --> 01:13.120]  Comparing his health problem to the short-lived US-backed coup against him in 2002, Chavez
[01:13.120 --> 01:16.120]  said, I want to talk to you about the rising sun.
[01:16.120 --> 01:18.880]  I think we have emerged.
[01:18.880 --> 01:23.720]  US drone strikes in Somalia that wounded two leaders of the Al Shabaab militant group last
[01:23.720 --> 01:29.720]  week coincided with the unveiling of a new US counter-terrorism strategy that has shifted
[01:29.720 --> 01:34.120]  the war on terror from battlefields to covert operations.
[01:34.120 --> 01:40.440]  In the new national strategy for counter-terrorism, John Brennan, Barack Obama's top anti-terrorism
[01:40.440 --> 01:45.320]  advisor, made no mention of the Bush-era global war on terror.
[01:45.320 --> 01:50.560]  Brennan insisted Al Qaeda remained a threat, but since Obama has taken office, Al Qaeda's
[01:50.560 --> 01:53.400]  leadership has been, quote, decimated.
[01:53.400 --> 01:58.240]  Brennan said America's new counter-terrorism strategy relies on intelligence and special
[01:58.240 --> 02:04.600]  operation forces backed by the rapid deployment of what he called unique assets, a reference
[02:04.600 --> 02:07.440]  to smaller and deadlier drones.
[02:07.440 --> 02:12.320]  Critics say the shift toward covert operations will shield the military, currently enmeshed
[02:12.320 --> 02:16.440]  in numerous theaters of war from public scrutiny.
[02:16.440 --> 02:22.800]  Outgoing CIA director Leon Panetta was sworn in as Defense Secretary Friday.
[02:22.800 --> 02:27.960]  The U.S. has rejected demands by Pakistani officials to abandon the Shamsi military base
[02:27.960 --> 02:30.360]  used by the CIA for drone strikes.
[02:30.360 --> 02:35.640]  The U.S. declaration that drone operations in Pakistan will continue unabated is the
[02:35.640 --> 02:41.400]  latest twist in a fraught relationship between security authorities in Washington and Islamabad.
[02:41.400 --> 02:46.600]  John Brennan, Barack Obama's top counter-terrorism advisor, rejected suggestions that U.N. drone
[02:46.600 --> 02:52.560]  attacks had caused numerous civilian casualties, claiming not a single collateral death had
[02:52.560 --> 02:56.440]  been caused by U.S. counter-terrorism operations over the last year.
[03:22.560 --> 03:38.320]  That's what you want, what you want, what you're gonna do, when the Syrians don't come for
[03:38.320 --> 03:39.320]  you.
[03:39.320 --> 03:50.600]  Tell me, what you're gonna do, what you're gonna do, yeah, bad boys, bad boys, what you're
[03:50.600 --> 04:01.500]  gonna do, what you're gonna do, when they come for you?
[04:01.500 --> 04:04.640]  Bad boys, bad boys, what you're gonna do, what you're gonna do, when they come for you?
[04:04.640 --> 04:06.160]  When you were 8 and your Head Bath traits, you go to school and earn the golden roof so why
[04:06.160 --> 04:07.160]  are you acting like a plucky poof?
[04:07.160 --> 04:08.160]  If you get cooed, then you must just booze.
[04:08.160 --> 04:08.980]  Bad boys, bad boys, what you're gonna do, what you're gonna do, when they come for
[04:08.980 --> 04:18.980]  you, bad boys, bad boys, what you're gonna do, or what you're gonna do when they come
[04:18.980 --> 04:19.980]  for you?
[05:19.980 --> 05:23.100]  When they come for you, bad boys, bad boys
[05:23.100 --> 05:25.660]  You know what you're gonna do, what you're gonna do
[05:25.660 --> 05:29.260]  When they come for you
[05:29.260 --> 05:30.700]  All right folks, good evening.
[05:30.700 --> 05:32.860]  It is time for Rule of Law Radio.
[05:32.860 --> 05:36.060]  It is Friday, July 1, 2011.
[05:36.060 --> 05:39.420]  This is Eddie Craig, Randy Kelton, Deborah Stevens.
[05:39.420 --> 05:40.940]  Rule of Law Radio.
[05:40.940 --> 05:44.700]  All right, this is our Friday night info marathon.
[05:44.700 --> 05:47.900]  So if you have any issues, questions, or things of that nature,
[05:47.900 --> 05:49.660]  tonight will be a good night to get in line,
[05:49.660 --> 05:51.500]  to get on board, and tell us all about them,
[05:51.500 --> 05:53.900]  and let's see what we can work out.
[05:53.900 --> 05:56.140]  Randy, are you on board?
[05:56.140 --> 05:57.740]  I'm on board.
[05:57.740 --> 06:00.860]  All right, rumor has it there's supposed to be something
[06:00.860 --> 06:02.860]  you've got going on that you want to talk about
[06:02.860 --> 06:05.020]  or continue talking about.
[06:05.020 --> 06:09.500]  Well, I was talking about the real estate issue
[06:09.500 --> 06:11.260]  in general last night.
[06:13.340 --> 06:19.100]  There is a lot going on, and it's worse than I said last night.
[06:19.100 --> 06:23.100]  I didn't have time last night really to go through
[06:23.100 --> 06:24.860]  all of the garbage that's out there,
[06:24.860 --> 06:27.820]  and how bad it really is.
[06:27.820 --> 06:34.380]  And with what has been happening in the last few months,
[06:34.380 --> 06:38.380]  the one thing I didn't get to last night was
[06:38.380 --> 06:43.580]  the Kathy addressed, and I've since looked into some more,
[06:43.580 --> 06:50.620]  is this class action lawsuit against Washington Mutual.
[06:50.620 --> 06:55.020]  Now, that was just one of a great number of class action
[06:55.020 --> 06:58.300]  lawsuits that are going on for various reasons.
[06:58.300 --> 07:02.540]  And this one, for my part, is most interesting,
[07:02.540 --> 07:08.540]  because with what we're doing, we have over 400 people
[07:08.540 --> 07:13.020]  who have filed various versions of the lawsuit
[07:13.020 --> 07:15.740]  we've put together on our website.
[07:15.740 --> 07:20.860]  And this lawsuit essentially goes through just about
[07:20.860 --> 07:25.820]  everything we could find that the bankers were doing wrong.
[07:25.820 --> 07:27.660]  And then people go onto our website
[07:27.660 --> 07:29.820]  and they fill out the questionnaire,
[07:29.820 --> 07:39.980]  and the system creates a lawsuit based on their answers.
[07:39.980 --> 07:43.580]  It does part of it. What our system does is puts into
[07:43.580 --> 07:47.340]  general arguments, and then we send it back to the individual,
[07:47.340 --> 07:49.500]  and they fill in the minor details and file.
[07:49.500 --> 07:54.140]  It makes it real easy for them to get one put together.
[07:54.140 --> 08:01.980]  And we've got lots of feedback from attorneys in their answers
[08:01.980 --> 08:06.540]  accusing us of filing a cookie-cutter lawsuit.
[08:06.540 --> 08:12.300]  Well, yeah, that's true. We did. It is a cookie-cutter lawsuit
[08:12.300 --> 08:18.060]  because what the lenders have been doing for the last 20 years
[08:18.060 --> 08:25.900]  is so consistent across the board, so as to be institutionalized.
[08:25.900 --> 08:30.460]  It's these things primarily that are brought up in the lawsuit we put
[08:30.460 --> 08:39.180]  together are so universal that before I look at your lawsuit,
[08:39.180 --> 08:43.580]  I know 90% of the garbage that they've done.
[08:43.580 --> 08:47.420]  This has literally become institutionalized,
[08:47.420 --> 08:53.260]  and for the most part, those people on the front end,
[08:53.260 --> 08:58.860]  they knew some of the things they were doing were improper, like the false fees.
[08:58.860 --> 09:02.300]  And we'll get to false fees here in a minute.
[09:02.300 --> 09:10.860]  But most every loanbroker that I've talked to that worked during this period
[09:10.860 --> 09:14.700]  knew that what they were doing was wrong. A great number of them just couldn't do it
[09:14.700 --> 09:18.060]  and quit because they knew they were robbing everybody they
[09:18.060 --> 09:23.820]  get close to, and they just walked away.
[09:23.820 --> 09:27.100]  And a lot of them stayed there and made a lot of money,
[09:27.100 --> 09:31.020]  but they all, for the most part, knew what they were doing was wrong.
[09:31.020 --> 09:36.540]  But they're in a business where everybody's doing it this way.
[09:36.540 --> 09:40.060]  When everybody's doing something wrong, somehow
[09:40.060 --> 09:45.180]  people are able to convince themselves, well maybe it's not as wrong as
[09:45.180 --> 09:50.860]  I'm thinking it is. Maybe it's really not that bad
[09:50.860 --> 09:54.220]  that since everybody's doing, there must be something okay with it.
[09:54.220 --> 09:59.500]  Well, there wasn't. And one of the primary issues is what
[09:59.500 --> 10:05.420]  this wamoosuit went to were these fees. We seldom ever hear these fees
[10:05.420 --> 10:10.300]  talked about. In most of the people who were arguing
[10:10.300 --> 10:13.980]  the foreclosure issue, they seldom talk about these
[10:13.980 --> 10:19.100]  false fees, and it surprises me because when I've looked into the
[10:19.100 --> 10:24.460]  false fees, that looked like one of the biggest
[10:24.460 --> 10:33.260]  smoking guns in the whole issue because here we don't have to go to
[10:33.260 --> 10:39.020]  some vague and general assertion or accusation.
[10:39.020 --> 10:45.260]  Here we can go to very specifically stipulated
[10:45.260 --> 10:53.980]  fraud, where the lender, when you sat down at the closing table with him,
[10:53.980 --> 11:01.020]  stole from you everything he could. He relied on your good faith,
[11:01.020 --> 11:07.740]  reliance on your real estate agent, your appraiser, the underwriter,
[11:07.740 --> 11:11.900]  all of these people who had a fiduciary duty to you, to good faith and fair
[11:11.900 --> 11:21.580]  dealing. In a good duty to you, a fiduciary duty to you,
[11:21.580 --> 11:29.260]  not to act in their own self-interest, but to act with the utmost integrity
[11:29.260 --> 11:34.220]  toward your self-interest. That's what they were paid for.
[11:34.220 --> 11:40.860]  And they were licensed professional. It's overseen and governed by state and
[11:40.860 --> 11:47.420]  federal regulating agencies. So you had good reason to accept and
[11:47.420 --> 11:52.460]  believe the pronouncement that you were given at closing.
[11:52.460 --> 11:59.260]  Well, what you didn't know was that these guys were lying to you,
[11:59.260 --> 12:02.780]  that they were adding fees to the head of the note,
[12:02.780 --> 12:07.660]  which were specifically forbidden to be added by law,
[12:07.660 --> 12:11.660]  to call junk fees in the industry, or
[12:11.660 --> 12:14.460]  another term that comes from a Florida case,
[12:14.460 --> 12:21.100]  rodash fees, where women in Florida sued over these fees
[12:21.100 --> 12:24.940]  and had asked the lender to prove that the fees were actually valid and they
[12:24.940 --> 12:29.740]  weren't valid. I have yet to see a single note that
[12:29.740 --> 12:35.660]  did not have fees added to the note that were obviously and
[12:35.660 --> 12:39.820]  blatantly in violation of law.
[12:40.460 --> 12:47.580]  The lender at closing may only charge those fees that a borrower would have
[12:47.580 --> 12:52.060]  to pay if they purchased the house in cash,
[12:52.060 --> 12:59.660]  and those fees for amounts that the lender must pay a third party
[12:59.660 --> 13:05.180]  vendor for extraordinary services, those things that are not the normal
[13:05.180 --> 13:11.580]  part of doing business. Those costs of the lender,
[13:11.580 --> 13:15.980]  which are the normal part of doing business, were intended to be taken out
[13:15.980 --> 13:21.820]  of the interest that you pay, the finance charge,
[13:21.820 --> 13:27.500]  not added to the head of the note and interest charged on that for 20 years.
[13:27.500 --> 13:31.100]  Because if they add one dollar to the head of the note, that's the last dollar
[13:31.100 --> 13:35.740]  you pay off. So all of these fees, they'll collect interest on them for
[13:35.740 --> 13:42.780]  30 years and it multiplies considerably across the
[13:42.780 --> 13:48.620]  the term of the note. Well, nobody's been addressing these.
[13:48.620 --> 13:53.660]  We have and now we have some lawsuits, some
[13:53.660 --> 13:57.260]  class action lawsuits, and I'm very glad to see those
[13:57.260 --> 14:01.260]  because they will have done a lot of my homework for me.
[14:01.260 --> 14:07.020]  Once I get a copy of that class action lawsuit and the associated
[14:07.020 --> 14:12.140]  briefs in support, I'm going to have a lot of information to throw at these
[14:12.140 --> 14:19.020]  yoyos. So our product keeps getting a lot more
[14:19.020 --> 14:25.500]  sophisticated. One of the things we started doing is
[14:25.500 --> 14:33.980]  a request for pre-wool 12 discovery. Let me explain that so it
[14:33.980 --> 14:40.220]  makes sense. If you file a pleading pro se
[14:40.220 --> 14:44.140]  in the federal court and essentially if you file
[14:44.140 --> 14:49.820]  any civil action these days after there was a
[14:49.820 --> 14:56.140]  decision called Ashcroft cost Tom Lee where the court's overruled
[14:56.140 --> 15:00.780]  co-op the Conley decision which was a 50-year case
[15:00.780 --> 15:05.580]  that stated what the requirements were for filing a civil action.
[15:05.580 --> 15:10.140]  Ashcroft Tom Lee increased the requirements to where you had to claim
[15:10.140 --> 15:15.420]  more specificity. You had to state your claim with enough
[15:15.420 --> 15:20.460]  specificity that the defendant would know
[15:20.460 --> 15:26.700]  how to construct a defense but they indicated they did not intend to
[15:26.700 --> 15:32.060]  increase the pleading standard but the federal judges
[15:32.060 --> 15:37.180]  have taken that to mean that now the federal judge can decide
[15:37.180 --> 15:42.140]  if you can seek remedy from the court or not.
[15:42.140 --> 15:46.780]  We have a number of suits that the judges always
[15:46.780 --> 15:50.220]  dismiss our initial pleading no matter what it is
[15:50.220 --> 15:54.620]  for failure to state a claim which recovery can be had.
[15:54.620 --> 16:01.020]  Now we have a pleading it there that states that on this day this day of
[16:01.020 --> 16:08.220]  when closing was held at this place this person
[16:08.220 --> 16:16.220]  the lender charged these specific fees and we list them to the penny
[16:16.220 --> 16:20.460]  and we maintain that these that at the same 25 these fees he didn't provide
[16:20.460 --> 16:24.380]  documentation to show that they were valid.
[16:24.380 --> 16:30.940]  Therefore they were all false fees charged for amounts not paid in
[16:30.940 --> 16:35.340]  services not rendered and we suit on that issue.
[16:35.340 --> 16:40.220]  You can't get much more specific than that.
[16:40.220 --> 16:43.420]  We will talk a little bit more about this on the other side our
[16:43.420 --> 16:48.860]  call in number is 516-466-1984 give us a call if you have some questions or
[16:48.860 --> 16:51.420]  comments. This is Randy Kelton, Dennis Stevens, Eddie
[16:51.420 --> 16:56.140]  Craig. We'll be right back on the other side.
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[18:57.420 --> 19:01.420]  To learn how to stop debt collectors now.
[19:27.420 --> 19:39.740]  Okay, this is Randy Kelton, Debbie Stevens, Eddie Craig,
[19:39.740 --> 19:48.940]  ruleoflawradio, and we were talking about false fees. If you have a mortgage,
[19:48.940 --> 19:54.220]  you might want to pull out your HUD 1 settlement statement. This is generally a
[19:54.220 --> 20:00.620]  two-page document on legal size paper that has all of the financial
[20:00.620 --> 20:10.060]  information on it. The second page, starting at line 700, goes through all
[20:10.060 --> 20:17.900]  of the fees you were charged at closing. You might look through those. Keeping
[20:17.900 --> 20:25.100]  in mind that, the lender may only charge those fees that you'd have to pay if you
[20:25.100 --> 20:36.220]  bought it in cash. Taxes, appraisal fee, actually even appraisal
[20:36.220 --> 20:42.860]  fee they can't charge. But those fees that you'd have to pay if you
[20:42.860 --> 20:49.020]  bought it in cash and those fees that the lender would have to pay for
[20:49.020 --> 20:55.980]  a vendor to do something that was out of the ordinary, not the normal part of
[20:55.980 --> 21:03.340]  doing business. Underwriting fee, appraisal fee, these are
[21:03.340 --> 21:08.380]  amounts that are the normal part of doing business.
[21:08.380 --> 21:12.140]  And that's intended to be taken out of the interest that they charge you.
[21:12.140 --> 21:16.220]  Well, look at your HUD 1 settlement statement, especially in section 801 or
[21:16.220 --> 21:21.340]  800. But you'll see things like document
[21:21.340 --> 21:27.900]  preparation fee, administration fee,
[21:27.900 --> 21:36.140]  warehousing fee, all kinds of stuff. Like to keep coming up with all of these
[21:36.140 --> 21:43.900]  creative names, those are called junk fees. They were just fees made up and
[21:43.900 --> 21:49.500]  added to the head of the note. No support form, no services were
[21:49.500 --> 21:52.300]  performed. They just added this to the note to
[21:52.300 --> 21:57.260]  pull a few more bucks out of it so they could add to their
[21:57.260 --> 22:01.820]  interest and their commissions and bonuses.
[22:01.820 --> 22:08.220]  Well, for the most part, when people sit down at the closing table,
[22:08.220 --> 22:15.500]  they've been ran through a well-crafted ringer.
[22:15.500 --> 22:23.260]  The first thing, the real estate agent, it's his job to find your house and get
[22:23.260 --> 22:28.060]  you into a position to where you not only want the house,
[22:28.060 --> 22:33.100]  but you've made the conscious decision to buy.
[22:33.100 --> 22:38.940]  But then once he has you there, then his job restarts because now he needs to
[22:38.940 --> 22:43.020]  get you into a position to where you have to struggle to be able to
[22:43.020 --> 22:48.780]  purchase it. They keep putting one obstacle after
[22:48.780 --> 22:52.540]  another in front of you. Anybody who's purchased a house in the last
[22:52.540 --> 22:58.300]  20 years is very well aware of that. And each time there is an obstacle placed
[22:58.300 --> 23:03.820]  in front of you, the cost goes up. You never have
[23:03.820 --> 23:06.780]  something come up that makes the cost go down.
[23:06.780 --> 23:12.060]  It always makes the cost go up. And what the real estate agent will do is push
[23:12.060 --> 23:17.020]  you up as high as he can. And then he'll turn you over to the
[23:17.020 --> 23:22.780]  lending, the loan broker. And now it's his job to do the same thing,
[23:22.780 --> 23:28.540]  to push you as far as he can, and squeeze as much as he possibly can out of
[23:28.540 --> 23:31.820]  you. And they do this by assuring you this
[23:31.820 --> 23:35.500]  loan is going to go through and everything is just hunky-dory
[23:35.500 --> 23:39.980]  so that you arrange your personal affairs.
[23:39.980 --> 23:45.020]  Such that you have the moving truck sitting out front with all your furniture
[23:45.020 --> 23:47.740]  in it. Your other house has already been sold
[23:47.740 --> 23:51.020]  or a contract's already been written because you needed that contract to
[23:51.020 --> 23:55.660]  help you get this loan done. Now you are committed.
[23:55.660 --> 23:59.740]  Once you are committed, they put the screws to you.
[23:59.740 --> 24:04.940]  You get to closing and all of a sudden there's a new deal
[24:04.940 --> 24:12.220]  for things that turn up for the first time. And oh, oh, we told you about that.
[24:12.220 --> 24:17.420]  You must have forgotten all of these things that cost more and more money
[24:17.420 --> 24:21.420]  all the way up to the time you signed the note.
[24:21.420 --> 24:27.020]  Well generally, once people get through closing
[24:27.020 --> 24:30.300]  they're so relieved to have this over with they very seldom pay much more
[24:30.300 --> 24:33.660]  attention to it unless they get in financial trouble
[24:33.660 --> 24:37.580]  or unless somebody brings it to their attention.
[24:37.580 --> 24:43.740]  And with the way things going or have been going there's been a lot brought to
[24:43.740 --> 24:48.540]  people's attention. And now there's a number of these
[24:48.540 --> 24:54.860]  suits going around where the banks are being sued for the
[24:54.860 --> 25:01.100]  false fees that they charged. Not only the false fees but the escrow.
[25:01.100 --> 25:06.700]  Escrow has always been a fertile field for fraud
[25:06.700 --> 25:12.460]  where they collect more in escrow than they're allowed to.
[25:12.460 --> 25:19.420]  They don't pay the escrow in time. This is one of the tricks they use.
[25:19.420 --> 25:23.260]  They don't pay the taxes in time and accrue
[25:23.260 --> 25:26.940]  penalties. When they're getting ready to force you
[25:26.940 --> 25:32.300]  into foreclosure, we talked last night about why they would do that.
[25:32.300 --> 25:39.900]  If the bank has sold your note on the secondary real estate market
[25:39.900 --> 25:43.500]  and the note has went through one of the major banks you can
[25:43.500 --> 25:48.620]  be relatively certain that the note has been sold a number of times
[25:48.620 --> 25:53.260]  and the banks participated in this derivative scam.
[25:53.260 --> 25:58.940]  So they have a number of notes on your property out there
[25:58.940 --> 26:02.460]  and so they need you to default so that they can
[26:02.460 --> 26:07.420]  win the bet on the derivatives, pay off all of the investors,
[26:07.420 --> 26:12.220]  come away with a big pool of money. So they use escrow as a way to force you
[26:12.220 --> 26:18.700]  into foreclosure. Now watch your payments.
[26:18.700 --> 26:22.380]  First time you're slow to pay a time or two
[26:22.380 --> 26:27.740]  then they start, now they see that you are financially vulnerable.
[26:27.740 --> 26:33.420]  Now they start coming after you. Anybody out there who has a mortgage, you might
[26:33.420 --> 26:37.500]  want to get some mortgage out and look at it.
[26:37.500 --> 26:42.060]  Take the principal and interest you agreed to pay
[26:42.060 --> 26:47.740]  and put it into one of these amortization programs
[26:47.740 --> 26:55.420]  and run the note and see what your payment should be
[26:55.420 --> 26:59.580]  and check for two things. Check to see if you're paying
[26:59.580 --> 27:06.780]  more than you should be paying and check to see if you're paying less
[27:06.780 --> 27:12.780]  and less is worse. We have a number of people who have been
[27:12.780 --> 27:15.900]  come to us and say that they were foreclosed on
[27:15.900 --> 27:20.380]  and they were never once late on a payment.
[27:20.380 --> 27:24.140]  So right away people hear that and they say wow that's nonsense.
[27:24.140 --> 27:28.860]  How the heck could they foreclose on you if you were never late?
[27:28.860 --> 27:34.620]  Well the way they can do that is not charge you enough.
[27:34.620 --> 27:40.540]  They short the bill by 20 or 30 bucks a month
[27:40.540 --> 27:45.660]  for five, 10, 15 years and then the first time you short your
[27:45.660 --> 27:50.620]  you're slow to pay a couple of times then they come in and they say oh my
[27:50.620 --> 27:56.380]  goodness looky here your taxes didn't get paid on time
[27:56.380 --> 28:02.300]  so we took your payment and we paid the penalty with it
[28:02.300 --> 28:06.620]  and since we paid the penalty with it your mortgage didn't get paid you get a
[28:06.620 --> 28:11.820]  mark on your credit and the next month comes around
[28:11.820 --> 28:15.100]  and they use part of your payment to finish
[28:15.100 --> 28:20.780]  paying off the tax penalty and the taxes
[28:20.780 --> 28:24.300]  and they give you another mark on the credit for slow pay because you didn't
[28:24.300 --> 28:27.740]  pay the full amount of the note. Now you've got two marks on your credit
[28:27.740 --> 28:32.940]  to make it hard for you now to get another loan to refinance this thing
[28:32.940 --> 28:37.580]  and then they come to you and they say oh my goodness looky here
[28:37.580 --> 28:44.700]  we made a mistake we haven't been charging you enough
[28:44.700 --> 28:51.340]  and because we haven't been charging you enough now you're behind
[28:51.340 --> 28:57.180]  you got to pay us $15,000 or we're going to foreclose next month
[28:57.180 --> 29:03.580]  I hear this story rather often this is one of the things
[29:03.580 --> 29:08.540]  you need to look at look at your note make sure the amount that you're paying
[29:08.540 --> 29:13.100]  matches the amount you agreed to pay if you have
[29:13.100 --> 29:20.540]  a variable interest note you can be relatively certain
[29:20.540 --> 29:26.780]  that it is rife with fraud and when we come back
[29:26.780 --> 29:32.060]  I'll explain to you how to calculate what you should be paying
[29:32.060 --> 29:40.380]  on a variable rate note okay there's that annoying music again
[29:40.380 --> 29:44.700]  uh but we don't have any callers up yet if you got any questions or comments
[29:44.700 --> 29:50.860]  give us a call 512-646-1984 this is Ryan DeKalb,
[29:50.860 --> 29:55.020]  David Stevens, Andy Craig, Wheel of Law radio
[29:55.020 --> 29:58.060]  we'll be right back
[29:59.820 --> 30:03.340]  I lost my son my uncle my uncle my son on September 11,
[30:03.340 --> 30:07.980]  2001 most people don't know that a third tower fell on September 11
[30:07.980 --> 30:12.220]  World Trade Center 7 a 47-story skyscraper was not hit by a plane
[30:12.220 --> 30:15.980]  although the official explanation is that fire brought down building 7
[30:15.980 --> 30:19.820]  over 1200 architects and engineers has looked into the evidence
[30:19.820 --> 30:23.260]  and believed there is more to the story bring justice to my son
[30:23.260 --> 30:27.100]  my uncle my nephew my son go to building what.org
[30:27.100 --> 30:31.820]  why it fell why it matters is what you can do
[30:32.380 --> 30:36.300]  yelza getting burned is a painful experience and the aftermath can
[30:36.300 --> 30:40.460]  include blistering in an ugly scar an unconventional home remedy could
[30:40.460 --> 30:43.660]  deliver welcome relief look after Catherine Albright and i'll be back
[30:43.660 --> 30:48.620]  to tell you why some burn victims are turning to the pantry privacy is under
[30:48.620 --> 30:52.860]  attack when you give up data about yourself you'll never get it back again
[30:52.860 --> 30:57.740]  and once your privacy is gone you'll find your freedoms will start to vanish too
[30:57.740 --> 31:01.900]  so protect your rights say no to surveillance and keep your information
[31:01.900 --> 31:05.420]  to yourself privacy it's worth hanging on to
[31:05.420 --> 31:09.020]  this public service announcement is brought to you by startpage.com
[31:09.020 --> 31:11.660]  the private search engine alternative to Google
[31:11.660 --> 31:16.380]  yahoo and bing start over with start page
[31:16.380 --> 31:20.060]  my friend Liz burned her arm in a cast iron pan the other day
[31:20.060 --> 31:23.820]  ouch she ran cold water over the burn but the pain remained
[31:23.820 --> 31:28.140]  plus she was concerned about blisters so she turned to the internet for advice
[31:28.140 --> 31:32.140]  there she stumbled on a seemingly crazy home remedy suggested by the people's
[31:32.140 --> 31:36.780]  pharmacy cold yellow mustard she applied mustard to the burn and the pain
[31:36.780 --> 31:40.060]  stopped right away then she bandaged the area and the next
[31:40.060 --> 31:44.940]  day she was pain-free with no blisters serious burns require a trip to the
[31:44.940 --> 31:48.540]  doctor or the hospital but for minor burns you might want to give common
[31:48.540 --> 31:52.060]  yellow mustard a try it seems to work i'm dr.
[31:52.060 --> 32:03.740]  kathryn albrecht more news and information at kathrynalbrecht.com
[32:03.740 --> 32:09.660]  yeah i got the warrant and i'm gonna solve them
[32:09.660 --> 32:14.460]  to the head of government them prosecute them
[32:14.460 --> 32:27.580]  okay
[32:34.860 --> 32:40.300]  okay this is randy kelton on devastation daddy craig live live radio
[32:40.300 --> 32:46.780]  and we were talking about false fees and how the lender
[32:46.780 --> 32:51.020]  charges you false fees and how you teach you with escrow
[32:51.020 --> 32:56.380]  and how they teach you on the amounts that they charge you
[32:56.380 --> 33:04.380]  if you have a variable interest note take out the paperwork and look at it
[33:04.380 --> 33:08.940]  generally you will be charged a set amount of interest
[33:08.940 --> 33:16.460]  for six months year two years for a given period of time
[33:16.460 --> 33:23.020]  after that period the amount of interest that you pay
[33:23.020 --> 33:29.740]  is allowed to vary based on an index us treasuries which you find mostly in
[33:29.740 --> 33:33.740]  california or the library which we find mostly
[33:33.740 --> 33:39.180]  in the rest of the country and these are
[33:39.180 --> 33:42.780]  one is the treasuries index and the index of the
[33:42.780 --> 33:46.460]  amounts they charge some treasury bills
[33:46.460 --> 33:52.860]  and the library comes out of england i don't even know how they calculated
[33:52.860 --> 34:00.060]  but you have a specific percentage rate every month
[34:00.060 --> 34:06.060]  for these libraries now generally a variable interest will only change every
[34:06.060 --> 34:11.180]  six months and whatever the library is that
[34:11.180 --> 34:15.900]  the variable rate will state a base rate of interest
[34:15.900 --> 34:21.260]  plus the library plus maybe one or two percent
[34:21.260 --> 34:25.260]  so it's relatively easy to pick a
[34:25.260 --> 34:30.460]  a month on which it changes say it changes every
[34:30.460 --> 34:37.420]  january 1st and july 1st so you go to to january
[34:37.420 --> 34:42.540]  and actually almost all of them use the rate
[34:42.540 --> 34:46.940]  prior because january 1st they won't have the rate out yet
[34:46.940 --> 34:52.220]  so they'll use the december rate and look what that rate is
[34:52.220 --> 34:56.300]  add the number of points that you're supposed to be charging to it
[34:56.300 --> 35:01.020]  and add that to the base rate now take what your interest should be
[35:01.020 --> 35:07.260]  they're almost never right and we have all these people saying
[35:07.260 --> 35:15.900]  that their rates keep increasing well the library rate in
[35:15.900 --> 35:25.660]  0506 was like six to seven percent it's now about two percent
[35:25.660 --> 35:32.940]  so if you're on a variable rate your rate should have decreased dramatically
[35:32.940 --> 35:36.460]  but i don't hear anybody telling me the rates are decreasing i hear everybody
[35:36.460 --> 35:40.060]  telling me the rates are increasing dramatically
[35:40.060 --> 35:44.220]  so anyone who has a note that you're paying you really need to pull it out and
[35:44.220 --> 35:50.540]  look at it very closely because even if you
[35:50.540 --> 35:54.700]  they're charging you exactly the right amount
[35:54.700 --> 36:00.860]  you have paid and are paying far too much for that property if you bought it
[36:00.860 --> 36:06.780]  in the last 20 years especially if you bought it
[36:06.780 --> 36:12.300]  in the last 10 years you're paying more for the property
[36:12.300 --> 36:17.020]  than you could ever get out you will if you bought it anywhere after to the
[36:17.020 --> 36:21.660]  year 2000 especially three four five you probably
[36:21.660 --> 36:26.140]  paid at least twice what it was actually worth
[36:26.140 --> 36:30.700]  yes that was during the period of the great real estate bubble
[36:30.700 --> 36:36.140]  when everybody was saying that real estate prices were increasing
[36:36.140 --> 36:39.660]  and they're going to keep increasing because
[36:39.660 --> 36:42.940]  people got to have a place to live and there's
[36:42.940 --> 36:47.260]  the baby boomers children are all entering the markets the market is just
[36:47.260 --> 36:53.180]  going to grow on infinitum into the unfreezeable future
[36:53.180 --> 36:58.460]  well it turned out that wasn't the case that everybody was misled
[36:58.460 --> 37:03.100]  and if you're paying off the house that you purchased at that time
[37:03.100 --> 37:08.700]  you are at an incredible financial disadvantage
[37:08.700 --> 37:13.500]  so look as closely as you can and what we were suggesting last night
[37:13.500 --> 37:19.980]  or yesterday is look at the possibility of taking some action
[37:19.980 --> 37:25.820]  against the banks to secure an adjustment
[37:25.820 --> 37:32.620]  and the banks in their frenzy to swindle as many people as they could as
[37:32.620 --> 37:40.140]  fast as they could left you ample opportunity to find
[37:40.140 --> 37:43.340]  ways of pressuring the banks to secure
[37:43.340 --> 37:51.420]  remedy and secure some relief if you are behind on your payments or expecting
[37:51.420 --> 37:56.460]  to be behind on your payments i suggest that you start doing some
[37:56.460 --> 38:01.660]  research this is the largest investment of most people's lives
[38:01.660 --> 38:08.860]  far too much to walk away from and for all of those people who say
[38:08.860 --> 38:18.460]  well i signed the note i owe the money well that would be a valid argument
[38:18.460 --> 38:24.700]  30 years ago when the glass steel act was still in place
[38:24.700 --> 38:30.860]  when the banks were actually writing valid notes and not stealing from their
[38:30.860 --> 38:35.180]  clients whether they were stealing but not near as much
[38:35.180 --> 38:42.620]  you were defrauded you were lied to at every turn by everyone in the process
[38:42.620 --> 38:50.940]  you've agreed to a note based on closely false information
[38:50.940 --> 38:58.940]  this was we were all convinced to use our property as an investment
[38:58.940 --> 39:04.140]  rather than as a place to put the stable home
[39:04.140 --> 39:07.740]  we were encouraged to speculate with our homes and
[39:07.740 --> 39:11.580]  all through history that was something that was considered absolutely
[39:11.580 --> 39:18.140]  financially taboo you never ever do that but the banks
[39:18.140 --> 39:23.900]  convinced us to do that and they got a lot of us in
[39:23.900 --> 39:29.100]  terrible financial trouble so i'm going to suggest
[39:29.100 --> 39:33.740]  that you do a little more speculation
[39:34.700 --> 39:40.540]  take a good look at what's happening to the real estate market
[39:40.540 --> 39:45.100]  real estate values are dropping like a stone
[39:45.100 --> 39:49.740]  where there was a guy in arizona that it was on one of the news programs and he
[39:49.740 --> 39:54.780]  was advising people in these two three four hundred
[39:54.780 --> 40:02.140]  thousand dollar homes just to walk away tell the bank take it keep it stick it
[40:02.140 --> 40:07.420]  rent an apartment for the next two years take the money you saved in a smaller
[40:07.420 --> 40:12.700]  place buy your time in a couple years when the
[40:12.700 --> 40:16.940]  real estate market bottoms out go back in and purchase the property
[40:16.940 --> 40:23.420]  for chump change use the money you didn't pay the banks
[40:23.420 --> 40:30.700]  and buy the property cash or better yet take that money and put it in silver
[40:30.700 --> 40:34.780]  and ask the dollar to cheer rates which it is
[40:34.780 --> 40:41.820]  as we speak your silver is going to appreciate
[40:41.820 --> 40:46.060]  and then in a year and a half two years take that silver and purchase the property
[40:46.060 --> 40:51.180]  well we're suggesting something a little different
[40:51.180 --> 40:55.340]  we're suggesting don't you dare walk away
[40:55.340 --> 40:59.820]  don't even let these people steal your house from you
[40:59.820 --> 41:05.260]  sew them take them to task and make them answer
[41:05.260 --> 41:08.300]  for the fraud they committed against you and if
[41:08.300 --> 41:11.580]  if you are embarrassed that you can't pay your
[41:11.580 --> 41:17.500]  your mortgage after you signed the note get over it
[41:17.500 --> 41:24.620]  it's not about you it's not about me it's about my children and my grandchildren
[41:24.620 --> 41:30.620]  and am i going to just walk away and bequeath to my grandchildren a life
[41:30.620 --> 41:35.980]  of slavery the life has surfed on a land
[41:35.980 --> 41:41.980]  that they don't own we owe it to our children to fight
[41:41.980 --> 41:45.420]  this fight and make it right make these banks pay
[41:45.420 --> 41:50.380]  make absolutely sure nobody thinks you tried this kind of crap over again
[41:50.380 --> 41:53.420]  but we need to start moving for criminal prosecution of these
[41:53.420 --> 41:56.860]  scoundrels people keep saying well you know they're
[41:56.860 --> 42:03.180]  accusing them all of this stuff but i don't see anybody going to jail
[42:03.180 --> 42:07.180]  well do something
[42:07.180 --> 42:11.340]  file on them move to have them put in jail
[42:11.340 --> 42:14.940]  it's where they belong if the public stands up
[42:14.940 --> 42:19.580]  and demands that the public officials do their job they'll start doing their
[42:19.580 --> 42:23.500]  jobs they may do it reluctantly they may be
[42:23.500 --> 42:26.780]  brought to it kicking and screaming all the way
[42:26.780 --> 42:32.860]  but we are the masters it is our job to stand up and make
[42:32.860 --> 42:36.940]  these folks do what's right now that's all the preach that i'm going to do on
[42:36.940 --> 42:41.820]  the subject but in any case if you have a mortgage
[42:41.820 --> 42:49.420]  look at it do some calculations look at the fees they charge you with closing
[42:49.420 --> 42:54.940]  and then take your mortgage and do an amortization run it through an
[42:54.940 --> 42:58.300]  amortization program i said suggest that you go in the interstate
[42:58.300 --> 43:04.460]  internet interstate go on the internet and look up a spreadsheet a
[43:04.460 --> 43:09.900]  amortization that'll give you an amortization in a spreadsheet
[43:09.900 --> 43:14.620]  and plug your numbers in and you can see each payment
[43:14.620 --> 43:18.380]  how it affects the principal in the interest
[43:18.380 --> 43:26.460]  and add a column to the spreadsheet right after
[43:26.460 --> 43:29.500]  the payment amount
[43:30.620 --> 43:37.020]  and in that column you put the amount that you're being you find yourself
[43:37.020 --> 43:39.660]  overpaid
[43:40.300 --> 43:46.220]  and i will give to why that's important when you come back
[43:46.220 --> 43:51.980]  and what a really nice large number it'll help you bring to the table
[43:51.980 --> 43:56.620]  when you file suit this is ready to help David Stevens at Craig with my radio
[43:56.620 --> 44:00.220]  we'll be right back
[44:00.220 --> 44:03.420]  hey did you hear Ron Paul's announcement he's running for president in 2012
[44:03.420 --> 44:07.020]  it is Ron Paul really okay put down the cell phone for one minute
[44:07.020 --> 44:09.900]  your friends really don't care about your twitter updates on what you had for
[44:09.900 --> 44:11.820]  breakfast oh but i love to make those little smiley
[44:11.820 --> 44:15.980]  faces with punctuation marks of course you do now listen closely you need to go
[44:15.980 --> 44:18.940]  down to brave new books and learn as much as you can about Ron Paul and his
[44:18.940 --> 44:22.300]  message before it's too late they have all of his books and many of the books he
[44:22.300 --> 44:25.980]  talks about they also have t-shirts bumper stickers and yard signs so that
[44:25.980 --> 44:28.060]  you can show your support for him during the campaign
[44:28.060 --> 44:31.180]  brave new books did they have Harry Potter and Twilight
[44:31.180 --> 44:34.780]  no but they do carry a large selection of survival and preparedness books to
[44:34.780 --> 44:38.220]  protect your family in time of emergency uh that sounds like that's showing the
[44:38.220 --> 44:40.700]  discovery channel yeah there's even a wilderness
[44:40.700 --> 44:44.060]  survival expert that teaches classes called earth skills school that you can
[44:44.060 --> 44:46.940]  sign up for on the website bravenewbookstore.com
[44:46.940 --> 44:51.020]  what are you doing i'm tweeting all my friends that they should go to bravenewbookstore.com
[44:51.020 --> 44:53.820]  or down to the bookstore in person where's it located
[44:53.820 --> 44:58.060]  1904 guadeloupe street there it's sent i even made a smiley face
[44:58.060 --> 45:05.020]  great are you the plaintiff or defendant in a lawsuit win your case without an
[45:05.020 --> 45:10.060]  attorney with jurist dictionary the affordable easy to understand four cd
[45:10.060 --> 45:13.500]  course that will show you how in 24 hours
[45:13.500 --> 45:19.100]  step by step if you have a lawyer know what your lawyer should be doing if you
[45:19.100 --> 45:22.700]  don't have a lawyer know what you should do for yourself
[45:22.700 --> 45:25.660]  thousands have won with our step by step course
[45:25.660 --> 45:30.940]  and now you can too jurist dictionary was created by a licensed attorney with
[45:30.940 --> 45:36.060]  22 years of case winning experience even if you're not in a lawsuit
[45:36.060 --> 45:39.820]  you can learn what everyone should understand about the principles and
[45:39.820 --> 45:45.100]  practices that control our american courts you'll receive our audio classroom
[45:45.100 --> 45:49.180]  video seminar tutorials forms for civil cases
[45:49.180 --> 45:54.860]  pro se tactics and much more please visit rule of law radio dot com and
[45:54.860 --> 45:57.500]  click on the banner are called toll free
[45:57.500 --> 46:22.700]  eight six six law e
[46:22.700 --> 46:27.420]  yeah always i must be careful what i
[46:27.420 --> 46:37.580]  Okay, this is Randy Kelton, Deborah Stevens, Eddie Craig with Radeo, and we were talking
[46:37.580 --> 46:47.420]  about some calculations you can do to find out how much fraud they commuted against you.
[46:47.420 --> 46:53.420]  So you just do a standard amortization on a spreadsheet, and then you add a column in
[46:53.420 --> 47:00.420]  there for an overpayment. You can probably find a spreadsheet that already has a column in it
[47:00.420 --> 47:10.420]  for overpayment, and these are free to download off the Internet. And do a calculation of what
[47:10.420 --> 47:20.420]  you're being charged, and then subtract the amount of fees you were charged at closing.
[47:20.420 --> 47:30.420]  Because at closing, the lender failed to provide documentation to show that the fees charged to
[47:30.420 --> 47:44.420]  you were not otherwise forbidden to be charged by law, that the vendors who received payment were
[47:44.420 --> 47:51.420]  bona fide vendors and not a front company for one of your fiduciaries, which would allow the
[47:51.420 --> 47:59.420]  lender a conduit to funnel undisclosed funds to the fiduciary in order to bribe the fiduciary to
[47:59.420 --> 48:10.420]  breach his fiduciary duty to the client. That the services charged were actually performed,
[48:10.420 --> 48:19.420]  that the amounts charged for those services were reasonable, and that the lender did not take an
[48:19.420 --> 48:26.420]  undisclosed markup on the amounts charged. So what we do in the lawsuit is we tell them,
[48:26.420 --> 48:33.420]  proof it up. You didn't provide us that documentation at closing, but if these are valid fees,
[48:33.420 --> 48:38.420]  you certainly have that documentation. You have records of the disbursements. You have
[48:38.420 --> 48:49.420]  invoices from the vendors showing the services that were provided. So prove them up. In lieu of
[48:49.420 --> 48:57.420]  you proving them up, we're going to subtract them all off the principal and call them false fees.
[48:57.420 --> 49:04.420]  So subtract all the amounts that you were charged at closing from the principal and calculate
[49:04.420 --> 49:12.420]  an amortization on that. How much would you have to pay a month to amortize that out over 30 years?
[49:12.420 --> 49:20.420]  And see how much less your payment would be. And treat the difference between what you're
[49:20.420 --> 49:28.420]  actually paying and what you should have been paying as an overpayment each month for 30 years.
[49:28.420 --> 49:34.420]  And this spreadsheet will calculate a balance. All of these will calculate what your balance is
[49:34.420 --> 49:43.420]  each time you make a payment. If you add this amount as an overpayment and pay the full amount
[49:43.420 --> 49:52.420]  for 30 years, you will have a negative balance at the end of the 30-year term. A much larger
[49:52.420 --> 50:01.420]  negative balance than you would expect. The first one we did this way was a $115,000 note
[50:01.420 --> 50:14.420]  that had a $21 overpayment. We ran that out and over 30 years had he paid out the full amount
[50:14.420 --> 50:24.420]  of the note. He would have overpaid the note by $44,000. That's serious fraud. And the deal
[50:24.420 --> 50:32.420]  with fraud is, if someone defrauds you, you do not sue the person for the amount they actually
[50:32.420 --> 50:40.420]  defrauded you of. You sue them for the amount they would have defrauded you of had their plan
[50:40.420 --> 50:46.420]  to fruition. So you calculate the full amount you would have overpaid over the life of the
[50:46.420 --> 50:54.420]  note and that's the claim you bring against them. In this case, it was $44,000, except
[50:54.420 --> 51:05.420]  you don't sue for that amount. This is fraud. This is punitive. This goes to exemplary damages.
[51:05.420 --> 51:15.420]  You sue for triple. So in this calculation, we get a claim against the lender for an amount
[51:15.420 --> 51:25.420]  in excess of the original principal. And it's important that you get that because if after
[51:25.420 --> 51:38.420]  foreclosure, you can show more than $35 undisclosed disbursement to the broker, to the loan broker.
[51:38.420 --> 51:49.420]  Then the white remedies written into the truth and lending act are reanimated. And you're
[51:49.420 --> 51:59.420]  to rescind renews. Now, if you rescind the note, the banker is going to ask for tender.
[51:59.420 --> 52:07.420]  He's going to say, I gave you $300,000 to buy that house with. You want to rescind this note?
[52:07.420 --> 52:16.420]  You give me back that $300,000. Or in this first example, it's $115,600. If you want
[52:16.420 --> 52:24.420]  to rescind, you have to tender the back to me, the amount I gave to you. So we can come
[52:24.420 --> 52:33.420]  in with a fraud claim in excess of the amount of the original principal. So we claim tender
[52:33.420 --> 52:43.420]  by set off and we do that under the common law. We do that to recognize not under shorts.
[52:43.420 --> 52:51.420]  That's one calculation. The other primary calculation to do is look at your note and
[52:51.420 --> 52:58.420]  look at your truth and lending statement. The truth and lending statement will contain
[52:58.420 --> 53:06.420]  the amounts the bank is demanding that you pay. Run a calculation on that and make sure
[53:06.420 --> 53:11.420]  that the principal and interest when amortized comes out to the amount they put on the note
[53:11.420 --> 53:18.420]  because it's not always the same. Very often that calculates out less than what they're
[53:18.420 --> 53:28.420]  charging. And then do an amortization on the note and compare the two. If there is a difference,
[53:28.420 --> 53:33.420]  you subtract the difference as an overpayment every month and run a calculation on that.
[53:33.420 --> 53:40.420]  That'll generally give you a claim against the lender of at least twice the amount of
[53:40.420 --> 53:48.420]  the original principal. Then it's a claim in fraud. Now back to the fees. We go to the
[53:48.420 --> 53:55.420]  court and we make this claim. We help our clients calculate out what this claim would be and
[53:55.420 --> 54:03.420]  tell them, if you prove up one of these fees, then since you didn't get closing, we have
[54:03.420 --> 54:09.420]  reasonably the bogus. But if you do prove up the fee, then we will rerun the calculation
[54:09.420 --> 54:23.420]  less that fee amount. In over 400 lawsuits, not one client, but not one defendant, has
[54:23.420 --> 54:35.420]  attempted to prove up not one single fee. And there's a reason for that. The reason is
[54:35.420 --> 54:42.420]  some of them are bogus. Not all of them. We know they're coming in. Some of them are
[54:42.420 --> 54:50.420]  actually valid. But here's a problem. If they prove up the one that's valid and fail to
[54:50.420 --> 54:56.420]  prove up another in law that creates what's called an adverse inference, it adversely
[54:56.420 --> 55:06.420]  infers that that fee not proven up is exactly what we said it was. It was a false fee charged
[55:06.420 --> 55:12.420]  for the purpose of securing extra income so that they could use that income to bribe the
[55:12.420 --> 55:19.420]  fiduciaries of the borrower to breach their fiduciary duty to the borrower. No one's
[55:19.420 --> 55:24.420]  proved up a single fee and they're not going to because every one of them is laced with
[55:24.420 --> 55:35.420]  false fees. One false fee renders the contract void. And actually there's a lot more. I could
[55:35.420 --> 55:43.420]  probably spend all four hours on all the crap over the banks have pulled. And the issues
[55:43.420 --> 55:53.420]  that have come to light, I will touch on one more quickly and then go to Carlos in California.
[55:53.420 --> 56:08.420]  The one other issue is goes to this thing of show me the note. The most of the cases I've
[56:08.420 --> 56:19.420]  seen on show me the note argue that the person trying to collect on the note is not the true
[56:19.420 --> 56:26.420]  holder and has no standing to collect on the note. And the courts tend to look at that
[56:26.420 --> 56:33.420]  as kind of an arcane argument. They're going to say somebody certainly has authority to
[56:33.420 --> 56:40.420]  collect on this note. And if you have paid the note and can prove that you've paid it,
[56:40.420 --> 56:47.420]  then you have a right to set off for those amounts no matter who holds the note. So what's
[56:47.420 --> 56:56.420]  your problem? Here's what the problem is. When you entered into a security agreement,
[56:56.420 --> 57:06.420]  when you entered into a mortgage and signed a promise to pay, you had one primary purpose.
[57:06.420 --> 57:15.420]  And that was to secure a quiet title after 30 years when you had fully paid off the note.
[57:15.420 --> 57:23.420]  Problem. Immediately after you signed that note, the lender went and sold it. And that
[57:23.420 --> 57:28.420]  guy got it and he sold it to someone else and sold it to someone else. And now we have
[57:28.420 --> 57:33.420]  evidence that the banks have taken that thing and sold it 20 and 30 times. So you're going
[57:33.420 --> 57:38.420]  to pay for this note for 30 years, ask for quiet title and you're going to have another bank
[57:38.420 --> 57:43.420]  coming out of the woodwork saying, wait a minute, you've been paying the wrong guy all this time
[57:43.420 --> 57:51.420]  and paying me, I have the true claim. And then another, and then another, and then another.
[57:51.420 --> 58:01.420]  Immediately after closing, the lender did something that was legal to do. He sold the note.
[58:01.420 --> 58:10.420]  But he sold it in such a way so as to violate the intent of the contract and thereby rendered
[58:10.420 --> 58:18.420]  the contract void and gave you good reason to demand to know who is the only holder of
[58:18.420 --> 58:26.420]  the note. We demand to know that there is only one holder. Otherwise, you would be remiss
[58:26.420 --> 58:32.420]  to pay this bill. When we come back, we're going to take Carlos in California. This is
[58:32.420 --> 58:41.420]  Calvin, Deborah Stevens, Eddie Craig with La Radio. The phone lines are open. 512-646-1984.
[58:41.420 --> 58:47.420]  We're going to take Carlos from California when we get back. Not his brother this time.
[58:47.420 --> 59:00.420]  This is the ugly one. Okay, we'll be right back.
[59:00.420 --> 59:05.420]  I'd like to make more definite progress in your walk with God. Bibles for America is offering
[59:05.420 --> 59:11.420]  a free study Bible and a set of free Christian books that can really help. The New Testament
[59:11.420 --> 59:16.420]  recovery version is one of the most comprehensive study Bibles available today. It's an accurate
[59:16.420 --> 59:21.420]  translation and it contains thousands of footnotes that will help you to know God and to know
[59:21.420 --> 59:26.420]  the meaning of life. The free books are a three-volume set called Basic Elements of the
[59:26.420 --> 59:32.420]  Christian Life. Chapter by chapter, Basic Elements of the Christian Life clearly presents God's
[59:32.420 --> 59:38.420]  plan of salvation, growing in Christ and how to build up the church. To order your free
[59:38.420 --> 59:44.420]  New Testament recovery version and Basic Elements of the Christian Life, call Bibles for America
[59:44.420 --> 59:59.420]  toll-free at 888-551-0102. That's 888-551-0102. Or visit us online at bfa.org.
[59:59.420 --> 01:00:04.420]  This news brief brought to you by the International News Network.
[01:00:04.420 --> 01:00:08.420]  Economists have warned failing to raise the debt ceiling could be catastrophic for the U.S.
[01:00:08.420 --> 01:00:13.420]  economy, but Republican House Majority Leader Eric Cantos' latest financial disclosure statement
[01:00:13.420 --> 01:00:20.420]  indicates he owns up to $15,000 of an exchange-traded fund that will skyrocket as U.S. debt becomes
[01:00:20.420 --> 01:00:26.420]  less desirable. Financial expert Matt Koppenhafer said, if the debt ceiling isn't raised, investors
[01:00:26.420 --> 01:00:31.420]  will start fleeing U.S. treasuries and the ETF should do very well.
[01:00:31.420 --> 01:00:38.420]  The pro-labor coalition We Are Ohio delivered nearly 1.3 million signatures Wednesday to
[01:00:38.420 --> 01:00:45.420]  repeal a new law that stripped collective bargaining rights from 360,000 public workers, placing
[01:00:45.420 --> 01:00:50.420]  it on the November 8 ballot. The signatures were delivered to the Secretary of State's
[01:00:50.420 --> 01:00:53.420]  office, accompanied by a large People's Parade.
[01:00:53.420 --> 01:00:58.420]  The UN Human Rights Office Friday called on Texas Governor Rick Perry to spare the life
[01:00:58.420 --> 01:01:04.420]  of Mexican death row inmate Humberto Leal Garcia on the grounds he was not allowed access to
[01:01:04.420 --> 01:01:12.420]  the Mexican consulate in violation of the Vienna Convention. Garcia is scheduled to die July 7.
[01:01:12.420 --> 01:01:18.420]  Former IMF Chief Dominique Strauss-Kahn was released Friday on his own recognizance, as
[01:01:18.420 --> 01:01:24.420]  the case against him verged on collapse. Investigators have uncovered major holes in the credibility
[01:01:24.420 --> 01:01:29.420]  of the housekeeper, who charged he attacked her in his Manhattan hotel in May, although
[01:01:29.420 --> 01:01:34.420]  forensic tests found clear evidence of a sexual encounter between Strauss-Kahn and the woman.
[01:01:34.420 --> 01:01:39.420]  Prosecutors now do not believe much of what the accuser has told them. A law enforcement
[01:01:39.420 --> 01:01:45.420]  official said since her initial allegation, the accuser has repeatedly lied. Senior prosecutors
[01:01:45.420 --> 01:01:50.420]  met Strauss-Kahn's lawyers Thursday and provided details about their findings, and the parties
[01:01:50.420 --> 01:01:56.420]  are discussing whether to dismiss the felony charges. Among the discoveries are issues involving
[01:01:56.420 --> 01:02:02.420]  the asylum application of the 32-year-old housekeeper and possible links to people involved in criminal
[01:02:02.420 --> 01:02:06.420]  activities, including drug dealing and money laundering.
[01:02:06.420 --> 01:02:11.420]  At least six people were killed after tens of thousands of demonstrators took to the streets
[01:02:11.420 --> 01:02:17.420]  across Syria Friday against the rule of President Bashar al-Assad. Protesters chanted for an end
[01:02:17.420 --> 01:02:22.420]  to the siege on Syrian cities and for toppling the regime, braving a security crackdown by
[01:02:22.420 --> 01:02:28.420]  authorities. Activists said security forces shot dead at these two people and wounded 12
[01:02:28.420 --> 01:02:34.420]  as more than 100,000 people turned out in the city of Homs. In Hamar, activists said at these
[01:02:34.420 --> 01:02:40.420]  200,000 people demonstrated. One protestor was also killed in the Damascus suburb of Qaddam.
[01:02:40.420 --> 01:02:45.420]  The Syrian Observatory for Human Rights said three people were killed overnight after tanks
[01:02:45.420 --> 01:02:50.420]  led an assault on villages near the Turkish border. About 1,400 people have reportedly
[01:02:50.420 --> 01:02:57.420]  been killed in the crackdown of the followed protests, provoking global condemnation of the Syrian regime.
[01:03:20.420 --> 01:03:41.420]  Alright folks, we are back. This is Rule of Law Radio. Alright, this is our Friday night
[01:03:41.420 --> 01:03:46.420]  for our marathon, folks. We do have a couple of callers up on the board, but for the rest
[01:03:46.420 --> 01:03:55.420]  of you out there, the call in number is 512-646-1984. We've got three hours to go, so give us some
[01:03:55.420 --> 01:04:00.420]  content here, folks. Call in with your questions, your issues, your problems, whatever we can
[01:04:00.420 --> 01:04:05.420]  help with if we can. Randy is here for the mortgage questions if you have any. Both of
[01:04:05.420 --> 01:04:10.420]  us are here for the due process stuff or traffic or anything like that that you've got. So right
[01:04:10.420 --> 01:04:19.420]  now we're going to go ahead and pick up with Carlos. Let me make one comment. I just remember
[01:04:19.420 --> 01:04:26.420]  that we were supposed to do a due process Thursday, and I forgot all about doing a due
[01:04:26.420 --> 01:04:33.420]  process Thursday, so if we have time tonight, if the callers don't stack up too much, then
[01:04:33.420 --> 01:04:42.420]  I can go into an hour or so on due process, and it'd be kind of nice to do that with this
[01:04:42.420 --> 01:04:50.420]  mortgage issue, because it's time we started taking them to criminal task. The heat is
[01:04:50.420 --> 01:04:57.420]  on them, and it's time we raise the heat a little bit. Okay, now we're going to go to
[01:04:57.420 --> 01:05:04.420]  Claudio's brother. Hello, Claudio's brother. How are you doing? You got something for us?
[01:05:04.420 --> 01:05:07.420]  How are you doing? I'm doing good.
[01:05:07.420 --> 01:05:12.420]  How are you doing? Good. Thank you.
[01:05:12.420 --> 01:05:19.420]  Claudio was picking on us about calling him Carlos, so we figured we'd try to save him.
[01:05:19.420 --> 01:05:27.420]  I'll forgive him this time. I think you're getting small because you're forgetting so many things.
[01:05:27.420 --> 01:05:37.420]  I'd surprise you what he can forget on short notice. He went to the train station to come
[01:05:37.420 --> 01:05:43.420]  back to Austin, and they remembered he went by bus.
[01:05:43.420 --> 01:05:52.420]  We still love you. Anyway, I love the idea that you have on your system. I love it.
[01:05:52.420 --> 01:05:59.420]  Don't you think we can make it a little bit stronger? Maybe. It's my opinion. If we can
[01:05:59.420 --> 01:06:06.420]  get them after the FDCPA, because they'll never, never, ever validate a debt, so we can
[01:06:06.420 --> 01:06:13.420]  get it. I've been fighting with more than one person that they really know what they're
[01:06:13.420 --> 01:06:18.420]  doing. They say, well, it's not going to give us a lot of money. That's not the point.
[01:06:18.420 --> 01:06:23.420]  The point is that we have to be positive on something. What do you think?
[01:06:23.420 --> 01:06:31.420]  Exactly. We make this large dollar claim, but Carlos, you've been to my seminar.
[01:06:31.420 --> 01:06:37.420]  You remember one of the first things I asked people to do was take the three to five card
[01:06:37.420 --> 01:06:45.420]  and write down what would be for you an equitable outcome, because we're going to start talking
[01:06:45.420 --> 01:06:56.420]  about producing a large dollar figure claim against the lender. But in the end, that song
[01:06:56.420 --> 01:07:02.420]  and dance themselves are down your pants. Don't even expect to get a large chunk of money
[01:07:02.420 --> 01:07:11.420]  from the bank. We all need to be reasonable here and understand the situation. Decide
[01:07:11.420 --> 01:07:21.420]  what would be equitable. Ask for more than what you want, but don't forget what's equitable.
[01:07:21.420 --> 01:07:35.420]  Let me take a step back. This is what I think. Most likely I'm wrong, but correct me. If
[01:07:35.420 --> 01:07:41.420]  you send me a note or something, you want me to pay you something, and if I tell you
[01:07:41.420 --> 01:07:48.420]  to validate that, you cannot go forward until you validate that. I don't care if it's state
[01:07:48.420 --> 01:07:53.420]  district. I will take you to the district court. If you don't validate that, can I go forward?
[01:07:53.420 --> 01:08:03.420]  If you don't validate within four years in California, you're out.
[01:08:03.420 --> 01:08:12.420]  I understand that. The problem is, in the real world we live in, the courts are not allowing
[01:08:12.420 --> 01:08:25.420]  those issues. We have a couple of options. One of which I suggest is if a judge rules
[01:08:25.420 --> 01:08:39.420]  improperly and rules in a way that's contradictory to standing law, then he has denied you in
[01:08:39.420 --> 01:08:50.420]  your remedy. He has breached his oath of office, and he's committed a tort of a denial of
[01:08:50.420 --> 01:08:57.420]  due process against you. He swore on his oath that he would oppose the laws and protect
[01:08:57.420 --> 01:09:03.420]  the Constitution, and he violated that oath. I think we should start filing criminal charges
[01:09:03.420 --> 01:09:10.420]  for outlawry. Yeah, it's interesting you should start talking about that because this week
[01:09:10.420 --> 01:09:15.420]  that's what I've put the bulk of my time into is studying the issue of judicial immunity,
[01:09:15.420 --> 01:09:23.420]  and it would surprise you how much the case history actually reflects it doesn't exist.
[01:09:23.420 --> 01:09:33.420]  Only in certain very specific instances does judicial immunity actually exist.
[01:09:33.420 --> 01:09:36.420]  Okay, I know. Yes.
[01:09:36.420 --> 01:09:44.420]  I hate to be like a broken record, but I'm going to bust your, what should I say, your
[01:09:44.420 --> 01:09:56.420]  judge, do you think that if you're the judge or the bank, and you send me a bill, a notice
[01:09:56.420 --> 01:10:03.420]  or a bill in chance, whatever you want to call it, and if you don't validate it under
[01:10:03.420 --> 01:10:12.420]  the law under 1692 Title XV, you cannot go forward. Do you think you can go forward or
[01:10:12.420 --> 01:10:18.420]  should I? I don't understand. I don't think you can go forward, and I know someone that
[01:10:18.420 --> 01:10:26.420]  has spent four years. Okay, I understand your position. You're saying that the lender is
[01:10:26.420 --> 01:10:31.420]  subject to statutory a stop-all. Right.
[01:10:31.420 --> 01:10:37.420]  That he's a stop-by-law. The problem is, is the courts are not ruling in accordance with
[01:10:37.420 --> 01:10:42.420]  law. They never ever have. Okay.
[01:10:42.420 --> 01:10:49.420]  In the real world, it's all about politics. And it's not enough to have the law on your
[01:10:49.420 --> 01:10:59.420]  side. And I understand how we want to say this country is a country of law. And if the law
[01:10:59.420 --> 01:11:05.420]  is on your side, you should win. We agree. But that's not how it is.
[01:11:05.420 --> 01:11:13.420]  Okay. That's politics. So you're telling me if someone validates, someone, I'm sorry,
[01:11:13.420 --> 01:11:21.420]  someone breaks the law, 1692 FDCPA, the judge, he can still go forward?
[01:11:21.420 --> 01:11:29.420]  The courts, that's what the courts have been doing. And, you know, Chris is the one who's
[01:11:29.420 --> 01:11:36.420]  breaking our phones. You're wrong. You're wrong. They can't go forward.
[01:11:36.420 --> 01:11:42.420]  Legally, can they go forward? No. But that hasn't made any difference. They still come
[01:11:42.420 --> 01:11:46.420]  and drag you out of your house, throw you out in the street and take your house and sell
[01:11:46.420 --> 01:11:50.420]  it. You'll be standing there saying, oh, you can't do that. Okay. And they'll say,
[01:11:50.420 --> 01:12:00.420]  watch me. It sure looks like they do that. So you're telling me every CPA is nothing,
[01:12:00.420 --> 01:12:08.420]  right? I'm not saying it's nothing. Give your heart and today. It's not controlling.
[01:12:08.420 --> 01:12:16.420]  Okay. Because the judges are corrupt. Randy, my point is this, that maybe someone can do
[01:12:16.420 --> 01:12:21.420]  something about it, because I think it's working on this side. And I'm not trying to give you
[01:12:21.420 --> 01:12:28.420]  a hard time. I mean, I love to give you a hard time, but I understand your position.
[01:12:28.420 --> 01:12:35.420]  I agree with your position. And I'm saying you're right. And when that you got the law
[01:12:35.420 --> 01:12:40.420]  here on your side, but I'm saying the law is not enough. We need to add some politics
[01:12:40.420 --> 01:12:47.420]  to it. Okay. And the way we add politics to it is we lay the law in front of the court.
[01:12:47.420 --> 01:12:56.420]  And when the court rules in variance with that law, then before we file a motion for
[01:12:56.420 --> 01:13:03.420]  reconsideration, before we file a notice of appeal, we file criminal charges against the
[01:13:03.420 --> 01:13:11.420]  judge, move to have the judge disqualified for cause, file a judicial contract complaint
[01:13:11.420 --> 01:13:17.420]  against the judge, make up a criminal complaint, take it down to the US attorney and ask him
[01:13:17.420 --> 01:13:24.420]  to give this to the grand jury and indict that SOB. Well, we know that's not going to
[01:13:24.420 --> 01:13:32.420]  happen. But the judicial conduct complaints going to sting him. Okay. And the threat of
[01:13:32.420 --> 01:13:39.420]  a criminal complaint is not going to make him happy. Okay. You're a dirty, stinking rotten
[01:13:39.420 --> 01:13:45.420]  pro se, so he has no way to come back and twist your arm. Well, the head makes his
[01:13:45.420 --> 01:13:51.420]  udder and udder in the cord down there. Let me tell you something. Okay. And I know,
[01:13:51.420 --> 01:13:59.420]  I don't want to sound like a broken record, but I've seen it. This guy went to, they
[01:13:59.420 --> 01:14:03.420]  sent him a notice of default, right? And most likely, you know who I'm talking about,
[01:14:03.420 --> 01:14:09.420]  but let me refresh this for somebody else who hasn't heard it. They sent a notice of default
[01:14:09.420 --> 01:14:15.420]  and he sent them a validation letter. They never answered. He went to court and he says,
[01:14:15.420 --> 01:14:21.420]  Your Honor, they haven't answered the validation letter and the judge turned over to the attorney
[01:14:21.420 --> 01:14:26.420]  and says, you have 20 days. It hasn't happened yet. Now, this guy's waiting for his
[01:14:26.420 --> 01:14:35.420]  statutory, what do you call it when their time goes out? Default? No, statute limit or
[01:14:35.420 --> 01:14:41.420]  statute. Oh, statute, oh, statute limitations. Yes, yes. He's waiting for that. One day after
[01:14:41.420 --> 01:14:48.420]  that, his home is going to be here. This guy has four homes. This guy's a Cuban guy.
[01:14:48.420 --> 01:14:53.420]  Most likely, you know what I'm talking about. He's working for him. Why could he, why could
[01:14:53.420 --> 01:15:03.420]  I, take this as the employee and make it even better? Here's the problem. Okay. The judge
[01:15:03.420 --> 01:15:12.420]  is going to exercise what he calls his, oh, what's the term of it? He has a certain amount
[01:15:12.420 --> 01:15:22.420]  of discretion. He doesn't have to follow the rules to the letter. He can grant more time.
[01:15:22.420 --> 01:15:30.420]  He can refuse to grant a default because it falls within his general powers in seeking
[01:15:30.420 --> 01:15:38.420]  justice. So you're telling me which good, right? I'm telling you that the judges will do what
[01:15:38.420 --> 01:15:45.420]  they want to. Same thing. So you have to give the judges a reason to want to do what you
[01:15:45.420 --> 01:15:54.420]  want, lesser of two evils. We go in there with all the law on our side, but if we don't,
[01:15:54.420 --> 01:16:00.420]  if we have corrupt judges, which you absolutely have in California. We're the worst in the
[01:16:00.420 --> 01:16:07.420]  whole United States. Yeah. So we need to start taking them to grand juries. And you have
[01:16:07.420 --> 01:16:15.420]  good grand juries in California. I want to give you a hard time, but this is the truth.
[01:16:15.420 --> 01:16:21.420]  What's going on? Hey, you know, we love you. So let's, let's keep going. So I just wanted
[01:16:21.420 --> 01:16:27.420]  you to tell what's going on out here, but it's happening. It's happening. Oh, fine. If we
[01:16:27.420 --> 01:16:36.420]  can, you know, I'm looking at, we need a way to give the judge a way to step out of a bad
[01:16:36.420 --> 01:16:44.420]  situation. And this is a good tool to do that with. I want to talk a little more about the
[01:16:44.420 --> 01:16:54.420]  politics on the other side. Thank you. Okay. This is Randy Caldwell, David Stevens,
[01:16:54.420 --> 01:17:02.420]  Eddie Craig, we live live radio. We'll be right back. Capital coin and bullion is your local
[01:17:02.420 --> 01:17:07.420]  source for rare coins, precious metals and coin supplies in the Austin metro area. We also
[01:17:07.420 --> 01:17:12.420]  ship worldwide. We're a family owned and operated business that offers competitive prices on
[01:17:12.420 --> 01:17:17.420]  your coin and metals purchases. Because of you, Austin, business has been so good that
[01:17:17.420 --> 01:17:23.420]  we've had to move to a new and bigger location. We're now located at 7304 Burnett Road,
[01:17:23.420 --> 01:17:28.420]  suite A, 1.2 miles north on Burnett from our previous location. We're on the west side of
[01:17:28.420 --> 01:17:33.420]  Burnett Road in Stanley Insurance building on the ground floor next to the Ishibon Sushi
[01:17:33.420 --> 01:17:38.420]  and the Genie Car Wash. We're open Monday through Friday, 10 to 6, Saturdays, 10 to 5. You
[01:17:38.420 --> 01:17:45.420]  welcome to stop in during regular business hours or call 512-646-6440. Ask for Chad or
[01:17:45.420 --> 01:17:50.420]  Becky and say that you heard about us on rule of law radio or Texas Liberty Radio. That's
[01:17:50.420 --> 01:17:57.420]  Capital Coin and Bullion at our new location at 7304 Burnett Road, suite A or call 512-646-6440.
[01:17:57.420 --> 01:18:05.420]  My name is Randall Kelton and I co-host on rule of law radio. We specialize in showing
[01:18:05.420 --> 01:18:10.420]  people how to strike back against corrupt public officials. With the mortgage crisis
[01:18:10.420 --> 01:18:15.420]  worsening, we set our sights on finding a remedy for people who have been cheated by their
[01:18:15.420 --> 01:18:20.420]  lenders. If you have a mortgage or have paid yours off, you have probably been cheated out
[01:18:20.420 --> 01:18:30.420]  thousands, but there is a remedy. Go to remediesinrealestate.com or call me at 512-430-4140
[01:18:30.420 --> 01:18:35.420]  and find out how to use the consumer protection laws to recover what the lenders have stolen
[01:18:35.420 --> 01:18:40.420]  through fraud and deception. We will prepare for you a qualified written request that will
[01:18:40.420 --> 01:18:46.420]  expose the fraud and put the lenders on the dime. Lender fraud is bankrupting this country
[01:18:46.420 --> 01:18:56.420]  and it's time to fight back. Go to remediesinrealestate.com or call 512-430-4140 and get the information
[01:18:56.420 --> 01:19:23.420]  you need to stop the money changers in their tracks.
[01:19:23.420 --> 01:19:37.420]  Let me see if I'm understanding the place you're going to. You're saying that the law
[01:19:37.420 --> 01:19:53.420]  is clear in this matter, that if you request validation and the creditor fails to provide
[01:19:53.420 --> 01:19:59.420]  validation, the creditor is statutorily stopped from further collection and the judge lacks
[01:19:59.420 --> 01:20:08.420]  discretion to rule in the other way. You've got him dealt back.
[01:20:08.420 --> 01:20:15.420]  Yes, he has. Randall, it's a validation. If you tell me, I owe you five bucks, you must.
[01:20:15.420 --> 01:20:23.420]  You must validate this. Can I go forward? It's 1692. I don't have it in front of me. It's there.
[01:20:23.420 --> 01:20:30.420]  I understand that. I understand that there are a number of situations like this. For one,
[01:20:30.420 --> 01:20:41.420]  if you send a request to the creditor demanding that he produce the original wedding security
[01:20:41.420 --> 01:20:49.420]  instrument under 3-501 Uniform Commercial Code, he is required to produce the original
[01:20:49.420 --> 01:20:57.420]  instrument for inspection by the debtor. If he fails to do so, the debtor may cease all
[01:20:57.420 --> 01:21:06.420]  payment. The law is there and it's pretty clear on the subject. But the judges are ignoring
[01:21:06.420 --> 01:21:14.420]  it, so now what do you do? I don't go that far. They don't have to show you the note.
[01:21:14.420 --> 01:21:19.420]  They don't have to show you the, they have to do it by law, but they don't have to show
[01:21:19.420 --> 01:21:24.420]  you that they did the assignment. They don't have to show you all those good things, but
[01:21:24.420 --> 01:21:30.420]  they must validate the debt. If they validate debt, they cannot go forward.
[01:21:30.420 --> 01:21:38.420]  Okay, that's built in. Now, what you're saying is that in California, this particular requirement
[01:21:38.420 --> 01:21:46.420]  is actually adjudicated by the courts. Yes. So if you bring this issue in California,
[01:21:46.420 --> 01:21:53.420]  then you can have a pretty good bet that the courts will rule in your favor. Yes. Now,
[01:21:53.420 --> 01:22:02.420]  that's what I really like to hear. Now, now, now, check this out. I have a friend in,
[01:22:02.420 --> 01:22:08.420]  this is a keeping guy. This is the guy that, you know who this guy is. Okay. But anyway,
[01:22:08.420 --> 01:22:15.420]  that's beside the point. He's out there in Florida. They took him to court. They, he
[01:22:15.420 --> 01:22:20.420]  sent a validation letter. No one answered it. And he says, your honor, this cannot go
[01:22:20.420 --> 01:22:27.420]  forward until this is adjudicated. Well, people can understand this. You have to validate
[01:22:27.420 --> 01:22:32.420]  the debt. It cannot go forward. They just turn around and says, you have to validate the debt.
[01:22:32.420 --> 01:22:38.420]  And 20 months later, he hasn't been validated. That's the point. I mean, if we can bring
[01:22:38.420 --> 01:22:46.420]  this to your system, I think we can be making a better point. That would certainly be easy
[01:22:46.420 --> 01:22:55.420]  enough to add to the system. That's my point. Okay. We've been making changes. And I would
[01:22:55.420 --> 01:23:02.420]  be more than happy to add that in. I would want to see the statute in the case law. But
[01:23:02.420 --> 01:23:11.420]  I'm in the process now. Chris and I have really been struggling to get this database together
[01:23:11.420 --> 01:23:17.420]  to where once we have something structured into the system, the system will produce it
[01:23:17.420 --> 01:23:24.420]  automatically. Right. So let's start freeing this up. This is exactly the kind of thing
[01:23:24.420 --> 01:23:31.420]  that's why I'm here. I'm bringing a little bit of hopefully that's going to be a little
[01:23:31.420 --> 01:23:38.420]  bit of goodness for anybody out there. The point is this. It's very simple. If you tell
[01:23:38.420 --> 01:23:43.420]  me, are you something you have to validate? If not, you cannot go forward. It's a federal
[01:23:43.420 --> 01:23:49.420]  law. 1682, I don't have it in front of me. But I have it. I mean, I can send it over.
[01:23:49.420 --> 01:23:56.420]  If you'll email it to me. I'd very much like to see that. I want, this is what we're struggling
[01:23:56.420 --> 01:24:03.420]  to do is find all of the issues that we can programming into the system. So we throw as
[01:24:03.420 --> 01:24:12.420]  much at them as possible. Go ahead. I thought you knew about this. But I mean, we're human.
[01:24:12.420 --> 01:24:18.420]  We're here to help each other, right? Okay. You're using the term validation. We have
[01:24:18.420 --> 01:24:30.420]  always requested this in the qualified request. When we make the claim of false fees, that
[01:24:30.420 --> 01:24:37.420]  goes precisely to validation of the debt. Randall, I think we're misunderstanding each
[01:24:37.420 --> 01:24:44.420]  other. Once, once, I ask you to validate this debt. You must validate it. Otherwise you
[01:24:44.420 --> 01:24:51.420]  can... Okay. Okay. Wait a minute. Define validating. Validating. Do you have to validate? I mean,
[01:24:51.420 --> 01:25:00.420]  from... No, no, no. What does validate mean? Well, you have to give me a true, true... How
[01:25:00.420 --> 01:25:06.420]  could I say a true value of the debt that you claim that I owe you? If you cannot claim
[01:25:06.420 --> 01:25:15.420]  that, if you cannot state that, you can... Okay. Wait, wait. In... Okay. In Texas law,
[01:25:15.420 --> 01:25:26.420]  if you file a suit on account, then that suit must be validated. And Texas law defines
[01:25:26.420 --> 01:25:37.420]  the validation of the debt as a complete accounting of all transactions claimed by someone with
[01:25:37.420 --> 01:25:46.420]  personal knowledge signed and verified, signed and affirmed before a notary. That's what
[01:25:46.420 --> 01:25:52.420]  validation is. So, when we ask them to validate the debt, all they'd have to do is send us
[01:25:52.420 --> 01:26:02.420]  complete payment history and the notes and the steps. Go ahead. I'm sorry. I think I'm
[01:26:02.420 --> 01:26:11.420]  stepping on your toes because I have bad communications, but check this out. It is the same thing in
[01:26:11.420 --> 01:26:22.420]  the 50-state FDCPA, title 1562. I don't recall, but I can send them to you. But if you don't
[01:26:22.420 --> 01:26:27.420]  validate, you cannot go forward. Okay. Well, that's... Okay. What does validate mean?
[01:26:27.420 --> 01:26:32.420]  So, if we're asking them to validate, we need to understand exactly what it means so we
[01:26:32.420 --> 01:26:38.420]  will know when they have complied and when they have not complied. Randall, who cares?
[01:26:38.420 --> 01:26:47.420]  As long as they don't validate, we're okay. Who cares? They're not going to do it. You
[01:26:47.420 --> 01:26:56.420]  see my point? Well, you know, I'm more than happy to make the request, but when I make
[01:26:56.420 --> 01:27:01.420]  that request, I need to know what validate is, but I can look that up. That's not significant.
[01:27:01.420 --> 01:27:08.420]  No, I'm going to thank you. I got some good stuff. I mean, I'm not here to give a hard
[01:27:08.420 --> 01:27:11.420]  time. I'm here so we can all learn something about this.
[01:27:11.420 --> 01:27:19.420]  Yeah. Well, Mr. Destiny, I'm thinking that when you're using the term validation, it
[01:27:19.420 --> 01:27:28.420]  may be going to something else, not simply an accounting of all the transactions.
[01:27:28.420 --> 01:27:36.420]  That's what I thought. But I would expect that they would also have to validate their
[01:27:36.420 --> 01:27:41.420]  authority to make the claim against the transactions.
[01:27:41.420 --> 01:27:48.420]  Yes. But you know what, Randall? This is what I'm doing out here in California. Let's check
[01:27:48.420 --> 01:27:55.420]  to second here for a little while, okay? This is what I'm doing. I have a friend of mine,
[01:27:55.420 --> 01:28:00.420]  okay? They sent me a notice default. Okay. I sent a real nice letter. I'm going to send
[01:28:00.420 --> 01:28:08.420]  it to you. This letter is perfect for some part. Let me get a, give me, let me get a
[01:28:08.420 --> 01:28:15.420]  read of this, my God. This is perfect, but I wanted to share with you, but let me ask
[01:28:15.420 --> 01:28:18.420]  you something. Do I make any sense or no?
[01:28:18.420 --> 01:28:25.420]  Yes. Yes. And I'd like, I'd really like the sound of it. And if it's something that
[01:28:25.420 --> 01:28:30.420]  the courts are actually paying attention to, without us having to beat them up first,
[01:28:30.420 --> 01:28:39.420]  that's wonderful. Randall, Randall, you know, FDCPA is a federal law. Okay. I'm familiar
[01:28:39.420 --> 01:28:49.420]  with FDCPA, but every time we've made a claim against the Federal Debt Collections
[01:28:49.420 --> 01:28:56.420]  Protections Act, the courts have just tossed it and claimed that the defendants did not
[01:28:56.420 --> 01:28:59.420]  fall under. The courts have thrown it out out of hand.
[01:28:59.420 --> 01:29:05.420]  Do you know why they tossed it through the trash can? Do you know why?
[01:29:05.420 --> 01:29:14.420]  Well, they simply claim that the debtor did not fall under because the debtor claims to
[01:29:14.420 --> 01:29:15.420]  be the holder.
[01:29:15.420 --> 01:29:19.420]  No. You know why? You know why they tossed it? Because you let him?
[01:29:19.420 --> 01:29:20.420]  No.
[01:29:20.420 --> 01:29:21.420]  That's why.
[01:29:21.420 --> 01:29:25.420]  Well, that's easy to say, but you know, I can go up there and grab the judge and jerk
[01:29:25.420 --> 01:29:27.420]  him up over the bench.
[01:29:27.420 --> 01:29:33.420]  Randall, you know what? We love you, but I didn't call you to, I wanted to make...
[01:29:33.420 --> 01:29:37.420]  No, no, I'm thinking, how am I letting him? How do I not...
[01:29:37.420 --> 01:29:39.420]  Carlos, please call him to give him a hard time.
[01:29:39.420 --> 01:29:42.420]  No, no, let me stay over. Can I tell him?
[01:29:42.420 --> 01:29:46.420]  Okay, well, okay, we need to close this out. We're losing callers.
[01:29:46.420 --> 01:29:49.420]  Whoa, whoa, move it, baby. Move it.
[01:29:49.420 --> 01:29:55.420]  Okay. Okay, this is Randy Calton, Debra Stephens, Eddie Craig, Groove Law Radio.
[01:29:55.420 --> 01:29:59.420]  I can't see my time clock. We'll be right back on the other side.
[01:29:59.420 --> 01:30:03.420]  Top 10 reasons to question the official story of the Oklahoma City bombing.
[01:30:03.420 --> 01:30:08.420]  No. 9, the extra leg. Former Oklahoma State Medical Examiner Dr. Fred Jordan had stated,
[01:30:08.420 --> 01:30:12.420]  We had eight people with amputated left legs and nine left legs to account for.
[01:30:12.420 --> 01:30:17.420]  Chief pathologist for Northern Ireland, T.K. Marshall, who performed over 2,500 autopsy
[01:30:17.420 --> 01:30:20.420]  in his time, stated, There's never been an unknown victim.
[01:30:20.420 --> 01:30:24.420]  This leg belonged to a perpetrator close enough to the bomb or his body to be damaged,
[01:30:24.420 --> 01:30:26.420]  leaving only a left leg behind.
[01:30:26.420 --> 01:30:30.420]  As of this person, please go to okcbombingtruth.com.
[01:30:32.420 --> 01:30:35.420]  An apple may keep more than doctors away.
[01:30:35.420 --> 01:30:38.420]  A new apple patent wants to keep music pirates away,
[01:30:38.420 --> 01:30:43.420]  released at bay by disabling camera and recording features at selected sites.
[01:30:43.420 --> 01:30:46.420]  Dr. Catherine Albright, I'll be back with more in just a moment.
[01:30:46.420 --> 01:30:52.420]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[01:30:52.420 --> 01:30:57.420]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:57.420 --> 01:31:02.420]  So protect your rights, say no to surveillance and keep your information to yourself.
[01:31:02.420 --> 01:31:05.420]  Privacy, it's worth hanging on to.
[01:31:05.420 --> 01:31:08.420]  This public service announcement is brought to you by startpage.com,
[01:31:08.420 --> 01:31:12.420]  the private search engine alternative to Google, Yahoo and Bing.
[01:31:12.420 --> 01:31:15.420]  Start over with Start Page.
[01:31:16.420 --> 01:31:21.420]  Movie and music pirates record performances with small, powerful devices like the iPhone
[01:31:21.420 --> 01:31:23.420]  than sell them illegally.
[01:31:23.420 --> 01:31:26.420]  But Apple's patent-pending solution to the problem is pretty creepy.
[01:31:26.420 --> 01:31:32.420]  It suggests letting an infrared signal shut off the device's recording and photo-taking capabilities.
[01:31:32.420 --> 01:31:35.420]  While this kill switch might seem like a good idea for movie theaters,
[01:31:35.420 --> 01:31:38.420]  it could interfere with citizens' oversight of government activities.
[01:31:38.420 --> 01:31:44.420]  Imagine if police vehicles could beam those signals to prevent embarrassing documentation of abuses,
[01:31:44.420 --> 01:31:46.420]  like the Rodney King beating.
[01:31:46.420 --> 01:31:51.420]  Apple may have good intentions. This is one idea that freedom-loving citizens must oppose.
[01:31:51.420 --> 01:32:17.420]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:32:21.420 --> 01:32:31.420]  Okay, this is Randy Kelton, Deborah Stevens, Eddie Craig with La Radio.
[01:32:31.420 --> 01:32:39.420]  We're talking to Carlos from California, and we're talking about Fair Debt Collections Protections Act.
[01:32:39.420 --> 01:32:51.420]  And what I want to know is, how do we bring the person who's acting either as a servicer or as a foreclosing agent
[01:32:51.420 --> 01:33:00.420]  under the Fair Debt Collections Protections Act as a third-party debt collector?
[01:33:00.420 --> 01:33:02.420]  Are you asking me, or are you...?
[01:33:02.420 --> 01:33:05.420]  Yes, yes, I'm asking you. How do we get him there?
[01:33:05.420 --> 01:33:12.420]  Of course, you're saying he's not a third-party debt collector, that he's collecting directly for the holder.
[01:33:12.420 --> 01:33:13.420]  Right now.
[01:33:13.420 --> 01:33:14.420]  And that...
[01:33:14.420 --> 01:33:15.420]  I have a cake.
[01:33:15.420 --> 01:33:16.420]  Okay, go ahead.
[01:33:16.420 --> 01:33:19.420]  Right now. I knew I was going to give you some... You wanted this, right?
[01:33:19.420 --> 01:33:25.420]  Oh, yeah. Yeah, this is the part I like. This is when we examine things in more detail.
[01:33:25.420 --> 01:33:29.420]  Well, you better be ready, because I got two barrels over there, okay?
[01:33:29.420 --> 01:33:36.420]  Okay. If I'm going to claim Fair Debt Collections Protections Act, I have to know how I bring him under.
[01:33:36.420 --> 01:33:41.420]  I have case law this year. Case law, okay?
[01:33:41.420 --> 01:33:50.420]  Okay. What is the need? Can you explain the nature of it that takes him out of the position of collecting for the holder
[01:33:50.420 --> 01:33:52.420]  and being a third-party collector?
[01:33:52.420 --> 01:33:55.420]  Okay. I'll make it real simple.
[01:33:55.420 --> 01:33:57.420]  Check this out. You're going to love it, okay?
[01:33:57.420 --> 01:34:03.420]  In my personal case, okay, Cal Weston recommends, send me a letter.
[01:34:03.420 --> 01:34:07.420]  Do you know who Cal Weston recommends this?
[01:34:07.420 --> 01:34:11.420]  Cal Weston recommends it's a trustee, right?
[01:34:11.420 --> 01:34:17.420]  Who they supposedly assigned a different trustee so they could sell him at home, right?
[01:34:17.420 --> 01:34:19.420]  Am I clear or no?
[01:34:19.420 --> 01:34:21.420]  No, you're not clear. I'm...
[01:34:21.420 --> 01:34:22.420]  Hugging.
[01:34:22.420 --> 01:34:23.420]  Okay.
[01:34:23.420 --> 01:34:28.420]  Who assigned what trustee?
[01:34:28.420 --> 01:34:33.420]  Well, they wanted to sell me at home, because I departed.
[01:34:33.420 --> 01:34:36.420]  They assigned a trustee.
[01:34:36.420 --> 01:34:39.420]  Okay. Who assigned the trustee?
[01:34:39.420 --> 01:34:42.420]  Well, I'm in California, right now.
[01:34:42.420 --> 01:34:44.420]  A drunkard would.
[01:34:44.420 --> 01:34:47.420]  No. Someone had to assign the trustee.
[01:34:47.420 --> 01:34:56.420]  Was it someone claiming to be the holder or someone claiming to be an agent for the holder?
[01:34:56.420 --> 01:35:00.420]  Well, no. Why?
[01:35:00.420 --> 01:35:06.420]  Okay. If he's an agent for the holder, then he's a third-party debt collector.
[01:35:06.420 --> 01:35:10.420]  But if he claims to be the holder, then he's not.
[01:35:10.420 --> 01:35:11.420]  Okay. Okay.
[01:35:11.420 --> 01:35:15.420]  Well, let me make it real simple for everybody, right?
[01:35:15.420 --> 01:35:17.420]  Okay. Let me make it real simple.
[01:35:17.420 --> 01:35:19.420]  I'm in California.
[01:35:19.420 --> 01:35:32.420]  Whenever you default on your loan, the purported lender on your debt of trust has a purported trustee on the debt of trust.
[01:35:32.420 --> 01:35:38.420]  They're going to reassign a substitute of trustee so they can sell you at home.
[01:35:38.420 --> 01:35:40.420]  Am I clear or no?
[01:35:40.420 --> 01:35:43.420]  No, you're not clear.
[01:35:43.420 --> 01:35:49.420]  Yeah, I'm missing something here.
[01:35:49.420 --> 01:35:55.420]  You're talking about the holder of the mortgage, the lien document.
[01:35:55.420 --> 01:36:02.420]  Let's go back to the FD CPA because I think we're getting all screwed up.
[01:36:02.420 --> 01:36:04.420]  How do we get there?
[01:36:04.420 --> 01:36:09.420]  FD CPA is how we get a remedy.
[01:36:09.420 --> 01:36:14.420]  Okay. I can't get a remedy until I can get under FD CPA.
[01:36:14.420 --> 01:36:18.420]  Okay. Okay. Well, I think we're...
[01:36:18.420 --> 01:36:31.420]  If the trustee who's doing the foreclosure claims to be acting on behalf of the holder, they don't fall under FD CPA.
[01:36:31.420 --> 01:36:33.420]  Yes. You're wrong, Randy.
[01:36:33.420 --> 01:36:43.420]  How do I get them there? Because the courts are going to say he must be a third-party debt collector.
[01:36:43.420 --> 01:36:45.420]  So how do I turn him into that?
[01:36:45.420 --> 01:36:48.420]  I have those documents.
[01:36:48.420 --> 01:37:08.420]  They sent me a... This is what they did. They sent me an affidavit telling me that they certified under penalty of perjury that they sent me 138 letters saying that they substituted the...
[01:37:08.420 --> 01:37:13.420]  No, they gave me a notice of default, right? Good. Good.
[01:37:13.420 --> 01:37:18.420]  The notice of default is an attempt to collect the debt. Yes.
[01:37:18.420 --> 01:37:28.420]  When they sent me that affidavit, guess what it says in the back? This is an attempt to collect the debt. They're a third-party debt collector. I have keys on it.
[01:37:28.420 --> 01:37:36.420]  Okay. That does not make them a third-party debt collector because they put that mini Miranda on there.
[01:37:36.420 --> 01:37:41.420]  It does, if it says in accordance with the FD CPA, though.
[01:37:41.420 --> 01:37:46.420]  No, it does not. They either are a third-party debt collector or they are not.
[01:37:46.420 --> 01:37:57.420]  If I loan you money and you don't pay it back and I come to collect it or send you a letter and I put on there, this is an attempt to collect the debt.
[01:37:57.420 --> 01:38:00.420]  That does not make me a third-party debt collector.
[01:38:00.420 --> 01:38:12.420]  Yeah, but I'm talking the difference in just putting the mini Miranda on there and then stating that this document and the efforts that we're putting forth under it are governed by the FD CPA.
[01:38:12.420 --> 01:38:18.420]  Does it matter? No, it doesn't matter if I say that or not.
[01:38:18.420 --> 01:38:25.420]  Yes, it does. As you said, you either are or you aren't. If you aren't, those rules don't apply to you anyway.
[01:38:25.420 --> 01:38:26.420]  That's what I'm saying.
[01:38:26.420 --> 01:38:31.420]  Your authority is a non-sequitur. You can't do it. It's not your authority.
[01:38:31.420 --> 01:38:40.420]  Well, that's what I'm saying. Whatever's on those documents, that doesn't change the underlying position and that's what I'm trying to get to.
[01:38:40.420 --> 01:38:41.420]  Random.
[01:38:41.420 --> 01:38:48.420]  I'm perpetrating fraud by telling the person that you're after that this is the rules you're playing by when you're not.
[01:38:48.420 --> 01:38:52.420]  Okay. Here's where I'm trying to get you to go.
[01:38:52.420 --> 01:39:18.420]  If someone is claiming to collect the debt based on the leak document, the mortgage or the deed of trust, and the holder of the note is not also the holder of the deed of trust, then that guy's a third-party debt collector.
[01:39:18.420 --> 01:39:33.420]  That's how we get there. If it was the holder of the note himself coming down with the note in his hand saying, I'm here to collect on this note, he's not a third-party debt collector.
[01:39:33.420 --> 01:39:55.420]  But if it's some guy holding the deed of trust, which is separate from the security instrument, the deed of trust was a document that you signed at closing saying, if I don't pay this other one over here to you, then you can foreclose on me.
[01:39:55.420 --> 01:40:09.420]  That's to protect you from harm. So you took that instrument and you sold it to somebody else, you received consideration, and that's not your debt anymore, it's theirs.
[01:40:09.420 --> 01:40:15.420]  Now you're trying to come and collect on their debt, now you're a third-party debt collector.
[01:40:15.420 --> 01:40:18.420]  Random, I think you're wrong.
[01:40:18.420 --> 01:40:20.420]  Okay, how?
[01:40:20.420 --> 01:40:22.420]  What do you mean how?
[01:40:22.420 --> 01:40:24.420]  Yeah, where am I wrong?
[01:40:24.420 --> 01:40:28.420]  Let's go back to what we're talking about.
[01:40:28.420 --> 01:40:36.420]  Let's go back to FBCP and you asked me, how could they be a third-party debt collector?
[01:40:36.420 --> 01:40:37.420]  Right?
[01:40:37.420 --> 01:40:40.420]  Yes, if they're the holder.
[01:40:40.420 --> 01:40:42.420]  Or they claim to be the holder.
[01:40:42.420 --> 01:40:45.420]  Okay, okay.
[01:40:45.420 --> 01:40:53.420]  I don't want to make this too complicated. Let me go back two steps back.
[01:40:53.420 --> 01:41:00.420]  When they send me the notice of default, right, they weren't attempting to collect the debt, right?
[01:41:00.420 --> 01:41:01.420]  Yes.
[01:41:01.420 --> 01:41:06.420]  They sent me documents under penalty of perjury, decimated.
[01:41:06.420 --> 01:41:09.420]  Wait, wait, you're missing something here.
[01:41:09.420 --> 01:41:18.420]  You're thinking that everybody who tries to collect the debt falls under FDCPA, and that is not the case.
[01:41:18.420 --> 01:41:24.420]  Random, I go by the law under FDCPA, they must fall in that debt.
[01:41:24.420 --> 01:41:26.420]  They have to do it, Random.
[01:41:26.420 --> 01:41:27.420]  I think you're wrong, Random.
[01:41:27.420 --> 01:41:29.420]  You're jumping over a step.
[01:41:29.420 --> 01:41:31.420]  Okay, it's fine.
[01:41:31.420 --> 01:41:38.420]  They only have to do that if they are a third-party debt collector, not a first-party debt collector.
[01:41:38.420 --> 01:41:39.420]  They are.
[01:41:39.420 --> 01:41:40.420]  They are because...
[01:41:40.420 --> 01:41:41.420]  How?
[01:41:41.420 --> 01:41:52.420]  Let me say something, let me say something, once they acquire a debt or an account, when it's in default,
[01:41:52.420 --> 01:41:57.420]  they are a third-party debt collector.
[01:41:57.420 --> 01:41:59.420]  They have to be.
[01:41:59.420 --> 01:42:10.420]  Once they try to collect your debt, when you're in default, if we're all in default, show me someone that's not in default.
[01:42:10.420 --> 01:42:11.420]  Okay.
[01:42:11.420 --> 01:42:13.420]  Am I making too much?
[01:42:13.420 --> 01:42:17.420]  Seem to me the information, I would look at it, the documentation.
[01:42:17.420 --> 01:42:21.420]  I certainly couldn't argue this issue before a court.
[01:42:21.420 --> 01:42:23.420]  Maybe you just have to give up, baby.
[01:42:23.420 --> 01:42:26.420]  I'm telling you what I'm saying.
[01:42:26.420 --> 01:42:35.420]  Well, I will file it, but so far I've got a lot of things that we have filed that are absolutely dead bang.
[01:42:35.420 --> 01:42:39.420]  Random, you want some chips?
[01:42:39.420 --> 01:42:40.420]  Here I am.
[01:42:40.420 --> 01:42:47.420]  I'm trying to make it hard for you, but it's working.
[01:42:47.420 --> 01:42:50.420]  Who's it working for?
[01:42:50.420 --> 01:42:52.420]  Seem to me some evidence.
[01:42:52.420 --> 01:43:00.420]  If the courts are actually ruling on this wonderful, but if I'm going to write this into documentation,
[01:43:00.420 --> 01:43:02.420]  I have to know how to argue it.
[01:43:02.420 --> 01:43:07.420]  I just can't go out there and wave a wand at them and say, verify the debt.
[01:43:07.420 --> 01:43:10.420]  I mean, that's what's going to happen.
[01:43:10.420 --> 01:43:13.420]  You want me to say how do you argue it?
[01:43:13.420 --> 01:43:14.420]  Yes.
[01:43:14.420 --> 01:43:15.420]  Okay.
[01:43:15.420 --> 01:43:24.420]  Well, if you send me a notice of default, I'm going to send you a validation letter you must by law.
[01:43:24.420 --> 01:43:27.420]  1692, Title 1563.
[01:43:27.420 --> 01:43:32.420]  Okay, so what's the remedy if I don't?
[01:43:32.420 --> 01:43:35.420]  Can I tell over or no?
[01:43:35.420 --> 01:43:40.420]  I really need to move along.
[01:43:40.420 --> 01:43:46.420]  Seem to me some documentation so I can read it so I'm better on more up to speed.
[01:43:46.420 --> 01:43:48.420]  And we can do this again Thursday.
[01:43:48.420 --> 01:43:50.420]  Thank you.
[01:43:50.420 --> 01:43:51.420]  Thank you.
[01:43:51.420 --> 01:43:55.420]  This is Randy Kelton, Debra Stevens, Eddie Craig with Law Radio.
[01:43:55.420 --> 01:44:00.420]  We'll be right back on the other side.
[01:44:00.420 --> 01:44:07.420]  Thank you.
[01:44:30.420 --> 01:44:59.420]  Thank you.
[01:44:59.420 --> 01:45:03.420]  Are you the plaintiff or defendant in a lawsuit?
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[01:46:00.420 --> 01:46:25.420]  Okay, this is Randy DeCalt and Douglas Stephens of Crave with Law Radio.
[01:46:25.420 --> 01:46:46.420]  Carlos, this is getting down. We're not really moving ahead, so if you send me some documentation, I'll go over it because this is something I would very much like to include in what I'm doing.
[01:46:46.420 --> 01:47:01.420]  But being a creature of statute, I really need to be able to understand the argument in terms of statutory law, and I can't just go on how I think things might work.
[01:47:01.420 --> 01:47:12.420]  I'd love to throw it in there, but I'm disciplining myself. I'm not going to just put something in until I kind of understand it.
[01:47:12.420 --> 01:47:18.420]  We really need to move along. We've had Steve and Frank hold it for quite a while.
[01:47:18.420 --> 01:47:25.420]  So we're going to move on to Steve in California. Steve, what's on your mind tonight?
[01:47:25.420 --> 01:47:28.420]  Hi, Randy. This is Joanne, Steve's wife.
[01:47:28.420 --> 01:47:32.420]  Oh, hello Joanne, Steve's wife.
[01:47:32.420 --> 01:47:44.420]  Beginning of last week, I wrote my first complaint. I'm getting ready to go to court to take the reverse mortgage company on my parent's home.
[01:47:44.420 --> 01:47:50.420]  We've kind of talked about this before the last year. I did my research. I wrote a complaint.
[01:47:50.420 --> 01:47:56.420]  I emailed it to you to have you look over. Does that ring any bells with you? Have you seen it?
[01:47:56.420 --> 01:48:00.420]  Yes, I saw it. I didn't have time to go through it.
[01:48:00.420 --> 01:48:10.420]  Okay, that's fine. What I would like is just for you, I was reading over it here. Don't mind my spelling, I think, but it's just the layout of it.
[01:48:10.420 --> 01:48:15.420]  And if I've got everything that needs, because this is going to be my first step.
[01:48:15.420 --> 01:48:23.420]  If this works, then I'm going after, well, Fargo for my house because it has MERS on my title.
[01:48:23.420 --> 01:48:28.420]  But I don't want to do this and get kicked out and not have any recourse.
[01:48:28.420 --> 01:48:34.420]  What are the claims you've brought on the reverse mortgage?
[01:48:34.420 --> 01:48:41.420]  On the reverse mortgage, basically what I've gone through the steps that I notified them when my parents passed away.
[01:48:41.420 --> 01:48:54.420]  I gave them the will. I gave them the death certificates that I've talked with the lender and that the appraisal was done.
[01:48:54.420 --> 01:49:07.420]  The appraisal is less than the amount owed. I asked the representative of them to have him or somebody meet with me to show me the original loan document.
[01:49:07.420 --> 01:49:16.420]  And he told me there was no way that was going to happen. I'd have to take them to court to do that.
[01:49:16.420 --> 01:49:19.420]  And that's the only issue?
[01:49:19.420 --> 01:49:30.420]  Right. What I want to see is to make sure before we either let them take the house or because no one will loan, my daughter inherited the house.
[01:49:30.420 --> 01:49:38.420]  Nobody will loan her $280,000 on a home that's been appraised at $217,000.
[01:49:38.420 --> 01:49:41.420]  We don't have enough equity in our house.
[01:49:41.420 --> 01:49:48.420]  Now, there's another thing that I noticed. I did find the paperwork. They had done it twice.
[01:49:48.420 --> 01:49:54.420]  They paid off their original loan that was a regular loan when they did the reverse.
[01:49:54.420 --> 01:50:00.420]  A year later, they did a whole new mortgage for a reverse.
[01:50:00.420 --> 01:50:03.420]  And I found that paper and reading through it, I read everything.
[01:50:03.420 --> 01:50:12.420]  And in there, it stated that they would only be responsible for the appraised value of the home.
[01:50:12.420 --> 01:50:17.420]  They could not be held responsible for any more than the appraised value of the home.
[01:50:17.420 --> 01:50:29.420]  And in talking with the lender, they've told us that if it goes to sale, they will accept 95% of the appraised value to a short sale.
[01:50:29.420 --> 01:50:40.420]  If my daughter or any family member from my parents, anyone in their family, buy the house, they want full loan amount.
[01:50:40.420 --> 01:50:45.420]  But in their documents, it says my parents are only going to be responsible for the appraised amount.
[01:50:45.420 --> 01:50:49.420]  How could they hold, how could they, either my parents or someone else?
[01:50:49.420 --> 01:50:50.420]  The purchaser.
[01:50:50.420 --> 01:50:59.420]  Yeah, somebody else purchases it. But if the family wants to take over the, take the house, they, we would have to pay full price.
[01:50:59.420 --> 01:51:01.420]  How can they hold us?
[01:51:01.420 --> 01:51:08.420]  Well, wait a minute. Is the family making a bid on the house?
[01:51:08.420 --> 01:51:14.420]  My daughter's inherited it. We would pay, we are willing to pay the appraised value for the home.
[01:51:14.420 --> 01:51:18.420]  She can buy full loan for that, which she's already qualified.
[01:51:18.420 --> 01:51:21.420]  Okay? But they're not going to accept that.
[01:51:21.420 --> 01:51:35.420]  They're saying, because it could be fraudulent, the original note holders could have done something and then try to sell it to a family member and create, to get it for a lower price.
[01:51:35.420 --> 01:51:49.420]  Here's, here's, so far, if you have a note that holds them to the appraised value, absolutely sue them and hold them in court as long as you can.
[01:51:49.420 --> 01:51:53.420]  Okay. That's what I'm trying to do. That's why I would like you to look over my complaint.
[01:51:53.420 --> 01:52:01.420]  My other question is, when you start a civil suit against someone, I've called the court, I know the C.
[01:52:01.420 --> 01:52:08.420]  And in San Bernardino County, I've called them. After how much it was, they told me it was like $395,000 to $98,000.
[01:52:08.420 --> 01:52:13.420]  Just let shy of 400 bucks. That's not going to be a problem. I'll put that money out.
[01:52:13.420 --> 01:52:19.420]  But what I need to know is, do I take my complaint in with me when I go in and say, here's my complaint.
[01:52:19.420 --> 01:52:23.420]  I want to open a case or do I have to open a case, get a case number?
[01:52:23.420 --> 01:52:27.420]  No, no, no. Are you filing in a state court or federal?
[01:52:27.420 --> 01:52:32.420]  County of San Bernardino, so it would be state court.
[01:52:32.420 --> 01:52:37.420]  Okay. We need someone who's more familiar with state court fines.
[01:52:37.420 --> 01:52:46.420]  Generally, what you have to do is you take the suit and file it with the clerk of the court.
[01:52:46.420 --> 01:52:50.420]  You need to check to see how many copies they will want.
[01:52:50.420 --> 01:52:52.420]  I got that information.
[01:52:52.420 --> 01:52:58.420]  Okay. Then you hire a process server to serve the suit on the other party.
[01:52:58.420 --> 01:53:04.420]  I would suggest you look at discovery at the same time.
[01:53:04.420 --> 01:53:11.420]  And one of the things you'll ask for is discovery of the, obviously, of the original document.
[01:53:11.420 --> 01:53:13.420]  Right.
[01:53:13.420 --> 01:53:22.420]  And the complaint is the main thing. There may be some other things you'll need to file.
[01:53:22.420 --> 01:53:25.420]  I would file a jury demand.
[01:53:25.420 --> 01:53:29.420]  If I had Chris up, he would probably be able to tell me a little more details.
[01:53:29.420 --> 01:53:34.420]  We can do this off the air and go through specifically what you have to do.
[01:53:34.420 --> 01:53:42.420]  I have a couple people in California I can talk to who can bring me up to speed on exactly what documents you have to have.
[01:53:42.420 --> 01:53:45.420]  It's different in the Fed and in the states.
[01:53:45.420 --> 01:53:53.420]  In the Fed, you have to have a cover sheet and there's a whole stack of things you have to have, the six or seven documents.
[01:53:53.420 --> 01:53:55.420]  But that's just the details.
[01:53:55.420 --> 01:54:00.420]  Primarily, you will take the suit and file it with the clerk of the court.
[01:54:00.420 --> 01:54:04.420]  Take the papers in at the time, or do I go and tell him I want to?
[01:54:04.420 --> 01:54:09.420]  No, at the time. You take them in and say, here, file these.
[01:54:09.420 --> 01:54:13.420]  You file a fee.
[01:54:13.420 --> 01:54:15.420]  Pardon me?
[01:54:15.420 --> 01:54:18.420]  Pay the fee to open the case at that time?
[01:54:18.420 --> 01:54:21.420]  Exactly. It's all done right then.
[01:54:21.420 --> 01:54:28.420]  If there's anything you need that you don't have, generally the clerk will tell you.
[01:54:28.420 --> 01:54:30.420]  Well, that's kind of what I figured.
[01:54:30.420 --> 01:54:39.420]  You can go take care of that. If you're going to file in this court, give the rules of court. The local rules of court read those.
[01:54:39.420 --> 01:54:44.420]  I went to the law library and I was reading through stuff on how to write the complaints.
[01:54:44.420 --> 01:54:55.420]  I was able to photocopy blank forms plus another complaint that was on fire, somebody that had already done one and it was in there.
[01:54:55.420 --> 01:55:02.420]  I tried to follow that, but I really would like you to look it over. Tell me, oh, you don't have enough information.
[01:55:02.420 --> 01:55:09.420]  You'll need this information if you could or this looks fine.
[01:55:09.420 --> 01:55:15.420]  Just so I have some kind of an idea. If I lose out on this one, I don't know what I'm going to be able to.
[01:55:15.420 --> 01:55:24.420]  I've talked to lawyers out here and they want anywhere from thousands of $3,000 just to file a complaint to make sure it's right with the court
[01:55:24.420 --> 01:55:32.420]  and try to do a pro-state from there. I understand these banks now have gotten a team of lawyers, these banks have gotten together and got teams of lawyers
[01:55:32.420 --> 01:55:40.420]  to fight on not the merits of the case, but where you don't have this and you don't have that and you don't feel you lose.
[01:55:40.420 --> 01:55:48.420]  You don't lose on that. Don't pay attention to that nonsense. You don't lose on those kind of details as a rule.
[01:55:48.420 --> 01:55:57.420]  Unless you're in a state court and the state of California is more corrupt, in the Fed you will seldom lose over a minor detail.
[01:55:57.420 --> 01:56:05.420]  We have guys, banks that don't answer in time and we go for no answer default.
[01:56:05.420 --> 01:56:13.420]  They always deny no answer default. You're supposed to file a pleading and you don't file a pleading in time.
[01:56:13.420 --> 01:56:20.420]  You ask for extension time, they give it to you. You ask where after the time is read, they give it to you.
[01:56:20.420 --> 01:56:29.420]  They tend not to want to drop a case over a minor technical procedural detail.
[01:56:29.420 --> 01:56:35.420]  These attorneys will feed you that line of BS, but it's not that difficult.
[01:56:35.420 --> 01:56:44.420]  The best thing you can do is go down to the court and pull some filings on issues similar to yours and look in the court cases.
[01:56:44.420 --> 01:56:50.420]  See what the other attorneys have done. Don't make this up from scratch yourself.
[01:56:50.420 --> 01:56:55.420]  The best legal research can be done right in the clerk's office.
[01:56:55.420 --> 01:57:05.420]  I go down to the clerk and I say, I want to see a filing on a reverse mortgage issue.
[01:57:05.420 --> 01:57:10.420]  Well, what case do you want to see? I want to see the biggest one you've got.
[01:57:10.420 --> 01:57:19.420]  And they get this confused look and I say, look, I'm doing research and I need a case that's hard fought.
[01:57:19.420 --> 01:57:26.420]  What's the biggest one you've got? They've genuinely hired expensive lawyers. They fought it hard.
[01:57:26.420 --> 01:57:30.420]  They'll have all your homework done for you in there.
[01:57:30.420 --> 01:57:33.420]  And then you just take their names out and put yours in.
[01:57:33.420 --> 01:57:37.420]  Exactly. Become an accomplished plagiarist.
[01:57:37.420 --> 01:57:43.420]  I've heard you say that before. Well, thank you, Andy. I know you have other callers, so I'll let you go.
[01:57:43.420 --> 01:57:50.420]  I tried to get a hold of, through Juris and Prudence.
[01:57:50.420 --> 01:57:55.420]  Yes. I keep getting things kicked back. I don't get a call.
[01:57:55.420 --> 01:58:01.420]  I tried to send emails through that and find out these, maybe somebody there helping.
[01:58:01.420 --> 01:58:05.420]  I keep having this. I get a lot of emails.
[01:58:05.420 --> 01:58:11.420]  Wait a minute. Juris and Prudence, what are you sending to remedies in real estate?
[01:58:11.420 --> 01:58:16.420]  I'm sorry. Remedies in real estate is where I tried to send them. But then I sent it to rule of law.
[01:58:16.420 --> 01:58:18.420]  So that's how you got it.
[01:58:18.420 --> 01:58:23.420]  Okay. Yeah. I'll probably get it there. Just don't send it to my Skype address.
[01:58:23.420 --> 01:58:24.420]  That one's gone.
[01:58:24.420 --> 01:58:26.420]  That I don't have.
[01:58:26.420 --> 01:58:32.420]  Okay. Okay. This is Randy Kelton, Deborah Stevens, Eddie Craig, Rue of La Radio.
[01:58:32.420 --> 01:58:37.420]  Our caller lines are open. 512-646-1984.
[01:58:37.420 --> 01:58:43.420]  This is our four hour info marathon. We're going into hour three.
[01:58:43.420 --> 01:58:49.420]  Frank, I see you up there on the board. We'll pick you up when we get back on the other side.
[01:58:49.420 --> 01:58:55.420]  And thank you, Joanne, not Steve.
[01:58:55.420 --> 01:58:59.420]  And for calling, we'll be right back.
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