ROL_2011-12-02_16k_Hr1-2.timecode

[00:00.000 --> 00:05.000]  This news brief brought to you by the International Newsnet.
[00:05.000 --> 00:16.000]  In India, survivors of the world's worst industrial accident burned effigies of two Olympic officials Friday to protest Dow Chemical's sponsorship of the 2012 London Games.
[00:16.000 --> 00:24.000]  The protests were on the eve of the 27th anniversary of the disaster at Bhopal, where a Union carbide pesticide plant leaked gas,
[00:24.000 --> 00:32.000]  killing an estimated 15,000 people and naming tens of thousands more. Dow has since purchased Union carbide.
[00:32.000 --> 00:41.000]  A suicide bomber Friday attacked a NATO outpost south of Kabul, killing one person and injuring about 70.
[00:41.000 --> 00:45.000]  The attacker blew up his truck outside the base after being stopped at the gate.
[00:45.000 --> 00:49.000]  A local man was killed and many nearby buildings destroyed.
[00:49.000 --> 00:57.000]  Members of Occupy Montreal are considering legal action against the Montreal police after they were brandy without their consent.
[00:57.000 --> 01:03.000]  Protesters arrested in a raid after handcuffing themselves to their camp's outdoor kitchen were taken to a bus,
[01:03.000 --> 01:08.000]  where officers marked some with an ink that could only be seen under ultraviolet light.
[01:08.000 --> 01:19.000]  The American Civil Liberties Union said Friday the FBI is illegally gathering information on Muslims' political and religious affiliations.
[01:19.000 --> 01:27.000]  The September 11th attacks prompted the FBI to step up outreach with American Muslims and Arab Americans.
[01:27.000 --> 01:36.000]  Documents obtained by the ACLU show the FBI has been using this outreach to spy on Muslim communities that are working with the federal government.
[01:36.000 --> 01:45.000]  The ACLU said FBI agents are, quote, recording social security numbers and other identifying information of people they meet.
[01:45.000 --> 01:52.000]  One agent in California recorded the political views of attendees at a Ramadan dinner, noting one was, quote,
[01:52.000 --> 01:57.000]  very progressive and another was very western in appearance and outlook.
[01:57.000 --> 02:02.000]  Heavy redactions make it impossible to determine how far the spying has gone.
[02:02.000 --> 02:13.000]  Tokyo Electric Power has revised its damage estimate of the Fukushima No. 1 reactor, one of three that suffered nuclear meltdowns after the March 11th mega quake and tsunami.
[02:13.000 --> 02:21.000]  After running a new simulation of the accident, the utility said fuel inside reactor No. 1 appeared to have dropped through its inner pressure vessel
[02:21.000 --> 02:27.000]  and into the outer containment vessel, indicating the accident was more severe than first thought.
[02:27.000 --> 02:35.000]  TEPCO wouldn't comment on the exact position of the molten fuel or on how much of it is exposed to water being pumped in to cool the reactor.
[02:35.000 --> 02:45.000]  More than nine months into the crisis, workers are still unable to gauge the damage directly because of dangerously high levels of radiation inside the reactor building.
[02:45.000 --> 02:54.000]  The latest assessment follows revelations the company dismissed a 2008 warning. The plant was inadequately prepared to resist a tsunami.
[02:54.000 --> 03:01.000]  For more details on this story, visit INN4EeCourt.net
[03:24.000 --> 03:29.000]  Thank you for watching!
[03:54.000 --> 03:59.000]  Thank you for watching!
[04:24.000 --> 04:31.000]  Okay, Friday Night Forum, Air Bond, Randy, you had some more good stuff you wanted to talk about today.
[04:31.000 --> 04:39.000]  Well, yes, as a matter of fact, I did. There have been some interesting developments in Massachusetts.
[04:39.000 --> 04:43.000]  I think we talked a little bit about it last night.
[04:43.000 --> 05:05.000]  It seems that the Attorney General in Massachusetts has sued all of the banks, all of the major banks, five majors, and have essentially accused them of acting criminally in exercising these foreclosures.
[05:05.000 --> 05:20.000]  Now, this was the, we just had a week or so ago, the Attorney General in Nevada start indicting these people for robociting.
[05:20.000 --> 05:39.000]  And now we have the Attorney General for Massachusetts suing Bank of America, Wells Fargo, Chase, not Deutsch, where there's two others, GMAC and one other.
[05:39.000 --> 05:49.000]  Well, today GMAC announced that it's pulling out of Massachusetts completely.
[05:49.000 --> 06:09.000]  And I guess they thought they would punish the Attorney General by pulling out because it has the effect of all of the people that provide loans to GMAC will be essentially out of work.
[06:09.000 --> 06:20.000]  And I guess they think that's going to really harm the Attorney General. They apparently intended to punish the Attorney General for having the gall to come after them.
[06:20.000 --> 06:36.000]  But whatever it does in that regard, as far as what we're doing, you know, all of this time, we've been helping people get into the federal court with a suit against the lenders,
[06:36.000 --> 06:41.000]  accusing the lenders of being dirty rotten scoundrels.
[06:41.000 --> 06:50.000]  And the judges have been very reluctant to enforce the law concerning these dirty rotten scoundrels.
[06:50.000 --> 06:57.000]  Apparently because these dirty rotten scoundrels tend to throw around a lot of money.
[06:57.000 --> 07:06.000]  And when judges get elected and such, and when politicians get elected, they need a lot of money, so they carry a lot of weight.
[07:06.000 --> 07:11.000]  Well, we're coming up on an election.
[07:11.000 --> 07:23.000]  The Congress is going into the election at this point with a 9% approval rating, and they can expect that to deteriorate before they get there, like they did last time.
[07:23.000 --> 07:35.000]  Especially when the politicians start campaigning, when they get out there on the campaign trail and they open their mouths, it seems the ratings start to go down.
[07:35.000 --> 07:39.000]  That should tell them something.
[07:39.000 --> 07:44.000]  But they're going in with such a low rating they have to do something.
[07:44.000 --> 07:54.000]  And it's not that I think that the Attorney General of Massachusetts is such a big hero here.
[07:54.000 --> 08:10.000]  Attorney General of Massachusetts sees an opportunity to gain political headway with her constituents and get them to vote for her, and she's doing it by sacrificing the bankers.
[08:10.000 --> 08:31.000]  It works for me, and all of the country we're getting more and more rulings of this nature, where the courts are now really beginning to pay attention to what we've always claimed was the false documentation.
[08:31.000 --> 08:49.000]  And if you're in a foreclosure issue, or even if you have been completely foreclosed on, the way things are going, you still have a case and an option.
[08:49.000 --> 09:15.000]  Because we've had a number of cases where actually one of the most recent was also in Massachusetts, Massachusetts, I get in trouble if I don't say this right, in that someone bought a house at a foreclosure auction and then went to the Massachusetts Land Court in order to secure a quiet title.
[09:15.000 --> 09:34.000]  And the Land Court looked at the paperwork and reversed the foreclosure sale, saying that the trustee was not assigned his trustee until 30 days after the sale.
[09:34.000 --> 09:45.000]  So he told the home buyer that he had purchased from the trustee what the trustee had to sell, which was nothing.
[09:45.000 --> 09:53.000]  Now, this was important because it wasn't the person who had been foreclosed on raising the issue.
[09:53.000 --> 10:06.000]  The issue was raised to respond by the court, so respond means on the court's own volition, because the court looked at the paperwork and the paperwork didn't look right.
[10:06.000 --> 10:20.000]  So we're getting a lot more traction, and I've been doing a lot of research and putting together this rather extensive online forensic analysis tool.
[10:20.000 --> 10:29.000]  And in doing the research to put all the little pieces together, I'm finding a lot more ways we can go at them.
[10:29.000 --> 10:44.000]  One was Grant Pollock, he's one of our people that's doing real well in Austin, and his attorney filed a plea in abatement.
[10:44.000 --> 10:54.000]  Now, a few years ago, we had Michael Bider used to talk about pleas in abatement, and I looked at them, but I didn't fully understand them.
[10:54.000 --> 11:03.000]  So when his attorney filed a plea in abatement, I went back and revisited pleas in abatement.
[11:03.000 --> 11:12.000]  And those would be a very powerful tool, especially with the pressure on the banks.
[11:12.000 --> 11:19.000]  And I'm sorry, the pressure on the judges with all this fraud showing up in the banks proceeding.
[11:19.000 --> 11:22.000]  What a plea in abatement is.
[11:22.000 --> 11:24.000]  It's an old pleading.
[11:24.000 --> 11:31.000]  They don't use them a lot anymore, because there are other pleadings that have essentially taken their place.
[11:31.000 --> 11:36.000]  A channeled subject manager restriction, and a nun's protonk.
[11:36.000 --> 11:40.000]  A nun's protonk means there's an error in the pleadings.
[11:40.000 --> 11:42.000]  You want to correct an error.
[11:42.000 --> 11:52.000]  If I file a pleading and I make a big boo boo, I will file a writ of error and request to correct my error.
[11:52.000 --> 11:58.000]  If the other side files a pleading, and it's not that they're lying or anything, but it's an obvious error,
[11:58.000 --> 12:12.000]  then I file a nun's protonk and ask the court to correct the error, like if they get the plaintiff and defendant juxtaposed, then they just file a nun's protonk.
[12:12.000 --> 12:19.000]  A plea in abatement as a challenge to subject manager restriction is a harsh remedy.
[12:19.000 --> 12:24.000]  And the judges are reluctant to issue such a harsh remedy.
[12:24.000 --> 12:30.000]  And we've had trouble getting the judges to give us a temporary restraining order.
[12:30.000 --> 12:50.000]  But the plea in abatement, what it says is, we're asking the judge to abate any proceedings, claiming that the other side aired in the process of what it was doing.
[12:50.000 --> 13:00.000]  They do the foreclosure. They aired in the foreclosure. If they file documentation with the court, we maintain there's something wrong with the documentation.
[13:00.000 --> 13:11.000]  And rather than go through an entire lawsuit and correct that on appeal, we move the court for a plea in abatement.
[13:11.000 --> 13:17.000]  We're not asking them to throw out the pleadings. We're not asking them to rule against the other side.
[13:17.000 --> 13:33.000]  All we're asking them to do is stop everything, abate any further actions until the other side corrects whatever error or deficiency exists.
[13:33.000 --> 13:50.000]  And primarily, the first thing we do is that in any situation where someone makes a claim against you, the very first thing you should do is deny the claim.
[13:50.000 --> 14:01.000]  I just talked to Pastor Bassett about this and a friend of ours in Massachusetts just had a really big win with one of his clients.
[14:01.000 --> 14:12.000]  Where the client went into court and the judge asked him, well, didn't you borrow this money? And he said, I deny that a loan exists.
[14:12.000 --> 14:25.000]  Well, didn't you buy a house? I deny that a loan exists. The judge tried several times to get him to speak to the fact that a loan existed, and he refused.
[14:25.000 --> 14:35.000]  And then the judge had to rule in his favor because the other side had not proven that a loan existed.
[14:35.000 --> 14:45.000]  Or that if a loan did exist, they did not prove that they had standing to prosecute the note.
[14:45.000 --> 14:52.000]  And the judge could not coax this guy into admitting that a note existed.
[14:52.000 --> 15:02.000]  So the first thing we do is make whoever is making a claim prove up their claim.
[15:02.000 --> 15:07.000]  And today I was reading about the Administrative Procedures Act.
[15:07.000 --> 15:10.000]  And that's another remedy that some people use.
[15:10.000 --> 15:19.000]  A lot of these guys in the commercial area use the Administrative Procedures Act.
[15:19.000 --> 15:26.000]  But the problem they have with it is they try to apply it to a non-administrative agency.
[15:26.000 --> 15:39.000]  The Administrative Procedures Act in this context doesn't mean, doesn't carry the meaning of an administrative procedure.
[15:39.000 --> 15:47.000]  It is an act that applies to the administration of a governmental agency.
[15:47.000 --> 15:57.000]  So if they just read that name and assume it applies to all transactions of an administrative nature as opposed to a judicial nature,
[15:57.000 --> 16:05.000]  then they're misreading the act. But for the most part with foreclosures, if their government backed Freddie Mac, Fannie Mae,
[16:05.000 --> 16:14.000]  these companies that are quasi-governmental, then you can apply the Administrative Procedures Act.
[16:14.000 --> 16:20.000]  And that's where you ask them to prove up a claim, give them 30 days.
[16:20.000 --> 16:25.000]  If they don't, you send them another request to prove up the claim the second time.
[16:25.000 --> 16:31.000]  Then you go in and change out the trustee and have the trustee grant you quiet title.
[16:31.000 --> 16:34.000]  And that gives them a big hurdle to get over it easier.
[16:34.000 --> 16:38.000]  One of the other tools we're working on, we're about to go to break.
[16:38.000 --> 16:50.000]  Phone lines are open, 512-646-1984. This is our four-hour marathon, so we've got plenty of time to answer your questions.
[16:50.000 --> 17:00.000]  So give us a call. We'll be right back on the other side to talk a little more about foreclosure.
[17:00.000 --> 17:10.000]  In the 80s, it did it to Reagan. A debt-sealing compromise.
[17:10.000 --> 17:15.000]  Democrats promising spending cuts with delivering only tax ideas.
[17:15.000 --> 17:21.000]  The 90s brought more compromises, more broken promises, and more new taxes.
[17:21.000 --> 17:27.000]  This August, the next chapter will be written. A defining moment.
[17:27.000 --> 17:32.000]  $14 trillion in debt misses an employee, the dollar in decline.
[17:32.000 --> 17:38.000]  We know where they stand. But will our party's leaders repeat the mistakes of the past?
[17:38.000 --> 17:42.000]  Will they choose compromise or conviction?
[17:42.000 --> 17:50.000]  One candidate has always been true. Ron Paul, cut spending, balanced the budget, no deals.
[17:50.000 --> 17:57.000]  Standing up to the Washington Machine, guided by principle. Restore America now.
[17:57.000 --> 18:00.000]  I'm Ron Paul, and I approve this message.
[18:00.000 --> 18:05.000]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
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[18:49.000 --> 19:14.000]  That's ruleoflawradio.com, or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt collectors now.
[19:19.000 --> 19:44.000]  You can see we're back standing and talking about what's happening in the foreclosure of the industry, if you will.
[19:44.000 --> 19:55.000]  The attorney's general, apparently, every attorney's general in the country, I think except one, and I don't remember what state that was,
[19:55.000 --> 20:04.000]  has an investigation going against the bankers on this foreclosure issues.
[20:04.000 --> 20:24.000]  And this has been going on a while. It appears it seems that the attorney's general had entered into essentially a joint negotiation on settlements for the issues they brought up,
[20:24.000 --> 20:43.000]  but the banks have not been forthcoming. And that's precisely what the attorney's general from Massachusetts said, is that the banks have had a year to show cause as to why they shouldn't be prosecuted for their improper practices.
[20:43.000 --> 21:00.000]  And they have treated the negotiations with the parent out of disregard. I guess they think they've got to do big enough and throw enough money around that they can pretty well do what they want to.
[21:00.000 --> 21:14.000]  Right now it seems their problem is with the nature of politics, these two kinds of power, money and votes.
[21:14.000 --> 21:35.000]  And right now we're moving toward elections, so now the politics of votes becomes more weighty than the politics of money because the lowdown rotten public officials or politicians,
[21:35.000 --> 21:48.000]  they can't take the graft if they're not in office. So right now they have to find some way to get the public to vote for them.
[21:48.000 --> 22:04.000]  And it appears what they're doing, so understanding the politics. I don't like the fact that this is all politics, but that's how it works in the world I live in, and we just have to deal with it.
[22:04.000 --> 22:18.000]  So in any case, right now we seem to have some momentum. We have the pendulum swinging in our direction as a necessity.
[22:18.000 --> 22:33.000]  For quite a while now we talked about the sleeping giant waking up. Well, we don't even talk about that much anymore because it's rather obvious he's awake. He's woke up and he's not a happy camper.
[22:33.000 --> 22:55.000]  All of the politicians know that. They know that if they are an incumbent going into this next election they are at a serious disadvantage by the very fact that they are in office at a time when the public in general is very upset with politicians.
[22:55.000 --> 23:08.000]  So, but that's sad they're going after the bankers who is the only scapegoat we really got out there. I'm sure if they could find somebody else to villainize they would rather do that.
[23:08.000 --> 23:24.000]  Somebody who throws around less money, but they're stuck with what they got. So this is a very good time to take some action if you intend to do something about your mortgage.
[23:24.000 --> 23:34.000]  Almost everybody in the country is upside down on their mortgages now, unless an old guy like me has most of it paid off.
[23:34.000 --> 23:51.000]  If you intend to keep the property, if you're living in a home that is of personal value to you, then what's going on here is really make much difference.
[23:51.000 --> 24:11.000]  The property values are dropping, but if you don't have the intention to sell the property, it doesn't make any difference because the property values like they do in any recessive period will decrease a considerable amount and then they will increase again.
[24:11.000 --> 24:21.000]  It's a bell curve. We're on the downside of a bell curve. They will come back. The prices will come back up. That's how it works. It's how it's always worked.
[24:21.000 --> 24:41.000]  But if you're one of these people that were convinced by the bankers to do the one thing that had always been taboo, and that is speculate with the home that you live in.
[24:41.000 --> 25:06.000]  Through most of our history, that was essentially forbidden for you to use your home as a profit source. This is exactly what the banksters talked everybody into doing, insisting that if they did that, the property values would just keep increasing forever.
[25:06.000 --> 25:23.000]  And they would never stop going up and you could buy a home for as much as you wanted to because a few months from now, the price of the value of the home would go up so much that you wouldn't be behind, you wouldn't be upside down anymore.
[25:23.000 --> 25:39.000]  And for a long time that was actually the case, but they absolutely knew this was an artificial bubble they had created. And as with every bubble it has to eventually collapse, which it did.
[25:39.000 --> 25:55.000]  And the way these bubbles work, the prices start out where they should be. They're forced up higher than they should be. They top out, then they crash, they drop down.
[25:55.000 --> 26:11.000]  Right now we're in the downside of the bell curve. Property values are in free fall. Actually, Texas is doing better than most other states, but the momentum is picking up here in Texas.
[26:11.000 --> 26:28.000]  Another year, year and a half, and this will begin to bottom out. The property values will drop considerably. They expect in Las Vegas the property values to go to 25 cents on a dollar.
[26:28.000 --> 26:38.000]  They're 50 cents on a dollar now, if not less already, they may even go less than that. They have in Detroit, you can't give away property in Detroit.
[26:38.000 --> 26:49.000]  But it will bottom out, then it will climb back up. That's how it always works. So if you're going to stay in your property a long time, don't worry about it.
[26:49.000 --> 27:05.000]  You'll get under water, then you'll come back up, you'll be fine. But if you're in your house that you bought on speculation, if you were talked into purchasing a house that you technically couldn't afford,
[27:05.000 --> 27:21.000]  but were convinced to purchase it on the promise that the value of the house would increase so much that you would have a considerable amount of equity in the property just by the increase in the property value.
[27:21.000 --> 27:39.000]  And because of that, you would be able to refinance the property easily and get a much lower interest rate and you'd do fine. Well, the bubble burst net didn't happen. So now what?
[27:39.000 --> 27:53.000]  I get people who are very upset at the system and are up to date on their payments, they don't expect to get behind on their payments, but they don't like being defrauded either.
[27:53.000 --> 28:16.000]  So they want to fall suit against the banks. And one thing I am very reluctant to tell somebody to do is stop paying your payments. But if you're in a house that you're convinced to speculate on when you purchased it,
[28:16.000 --> 28:31.000]  then it was a house that was at best at the very limit of your means. You're struggling to pay for it, its value is decreasing faster than you can pour money into it.
[28:31.000 --> 28:52.000]  But you might consider what a guy in Arizona last year was telling people to do, to stop paying. If you don't have a personal interest in the home, if you're not emotionally attached to the home and it is an investment,
[28:52.000 --> 29:11.000]  well, right now it's a really bad investment. But you're in the home. And what he was saying was stop paying and wait till the banks foreclose and then take the money that you didn't pay on the house and put in some kind of savings,
[29:11.000 --> 29:25.000]  and you'll come out ahead because you're going to go upside down on the property anyway. Well, I'm suggesting that if the banks got you into this mess by defrauding you, you should sue them for the fraud.
[29:25.000 --> 29:39.000]  That'll keep them in the bank in the courts for a couple of three, four years. I talked to a guy out of Houston recently called me and he's been in the state court for 10 years on a foreclosure issue.
[29:39.000 --> 29:54.000]  So don't pay the bank to put it in the bank, put it in the silver, go silver, platinum, palladium, something hard. Let the bottom fall out and when it bottoms out, buy back at the lower rate.
[29:54.000 --> 30:00.000]  We'll be right back on the other side.
[30:00.000 --> 30:05.000]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[30:05.000 --> 30:12.000]  The government says that fire brought it down. However, 1,500 architects and engineers have concluded it was a controlled demolition.
[30:12.000 --> 30:15.000]  Over 6,000 of my fellow service members have given their lives.
[30:15.000 --> 30:18.000]  Thousands of my fellow force responders have died.
[30:18.000 --> 30:19.000]  I'm not a conspiracy theorist.
[30:19.000 --> 30:20.000]  I'm a structural engineer.
[30:20.000 --> 30:21.000]  I'm a New York City correction officer.
[30:21.000 --> 30:22.000]  I'm an Air Force pilot.
[30:22.000 --> 30:24.000]  I'm a father who lost his son.
[30:24.000 --> 30:27.000]  We're Americans and we deserve the truth.
[30:27.000 --> 30:30.000]  Go to RememberBuilding7.org today.
[30:30.000 --> 30:37.000]  The 10 Commandments are a cornerstone of Judaism, Islam and Christianity.
[30:37.000 --> 30:41.000]  If you're an educated person, you should probably know them regardless of your religion.
[30:41.000 --> 30:46.000]  I'm Dr. Catherine Albrecht and I'll be right back with a tip to help you remember one of the 10 Commandments.
[30:46.000 --> 30:48.000]  Privacy is under attack.
[30:48.000 --> 30:52.000]  When you give up data about yourself, you'll never get it back again.
[30:52.000 --> 30:57.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:57.000 --> 31:02.000]  So protect your rights, say no to surveillance and keep your information to yourself.
[31:02.000 --> 31:05.000]  Privacy, it's worth hanging on to.
[31:05.000 --> 31:08.000]  This public service announcement is brought to you by StartPage.com.
[31:08.000 --> 31:12.000]  The private search engine alternative to Google, Yahoo and Bing.
[31:12.000 --> 31:15.000]  Start over with StartPage.
[31:15.000 --> 31:20.000]  What 3-letter word practically passes for a 4-letter word these days?
[31:20.000 --> 31:21.000]  G-O-D.
[31:21.000 --> 31:26.000]  But commandment number 3 says don't use that 3-letter word God's name as a crossword.
[31:26.000 --> 31:30.000]  The Bible says thou shalt not take the name of the Lord thy God in vain.
[31:30.000 --> 31:33.000]  People who follow this commandment don't say, oh my...
[31:33.000 --> 31:35.000]  Instead they might say, oh my gosh.
[31:35.000 --> 31:42.000]  Of all the world's moral codes, the 10 Commandments have probably inspired more commitment and controversy than any other.
[31:42.000 --> 31:51.000]  The next time they come up in conversation, you'll be prepared by knowing that commandment number 3 says to use that 3-letter word God's name with reverence.
[31:51.000 --> 31:56.000]  Contact your Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[32:21.000 --> 32:23.000]  The lessons are rich.
[32:23.000 --> 32:25.000]  Well, it's a push.
[32:25.000 --> 32:28.000]  The lessons are rich.
[32:28.000 --> 32:29.000]  Okay.
[32:29.000 --> 32:30.000]  She's ready to talk to me.
[32:30.000 --> 32:32.000]  I've received a great deal of radio.
[32:32.000 --> 32:38.000]  To win out with talking about investment strategies.
[32:38.000 --> 32:44.000]  A lot of people have been convinced to invest in properties they could not afford.
[32:44.000 --> 32:52.000]  And now the bubble that they were introduced into has burst.
[32:52.000 --> 32:55.000]  The property values are dropping.
[32:55.000 --> 32:59.000]  And individuals in the properties feel like they're in a terrible position.
[32:59.000 --> 33:01.000]  Well, maybe.
[33:01.000 --> 33:08.000]  But it may not be quite as bad as it appears because there are forces at work here.
[33:08.000 --> 33:22.000]  And this is one of those times that 10 years from now, people look back on this time and they'll say, boy, if I only knew then what I know now.
[33:22.000 --> 33:24.000]  Well, this is then, Bubba.
[33:24.000 --> 33:30.000]  We know what's going to happen to the real estate market.
[33:30.000 --> 33:38.000]  Done before it does it on a regular basis. We had a bubble and it rose in a bell curve.
[33:38.000 --> 33:41.000]  It started out slow and gradually increased.
[33:41.000 --> 33:51.000]  And then it reached a portion in four or five and 040506 where it appeared to rise vertically up the side of the bell.
[33:51.000 --> 33:58.000]  And then in late 05 early 06, it started to round out, started to slow its increase.
[33:58.000 --> 34:03.000]  And then in late 06 early 07, it rolled over the top.
[34:03.000 --> 34:06.000]  And then it started to decrease.
[34:06.000 --> 34:16.000]  In 08, AGI, Sherston Lehman, Lehman Brothers came to the government and said, oh, my goodness, we're getting beat up here.
[34:16.000 --> 34:23.000]  Having to pay off on all of these notes that we guaranteed.
[34:23.000 --> 34:33.000]  So the government in their infinite wisdom decided to bail them out for seven trillion dollars.
[34:33.000 --> 34:38.000]  And property values went into freefall.
[34:38.000 --> 34:43.000]  Now we're on the downside of the curve, the bell curve.
[34:43.000 --> 34:49.000]  But if you take that bell curve and flip it upside down.
[34:49.000 --> 34:53.000]  You can see what's going to happen to the property values.
[34:53.000 --> 34:57.000]  They will do an inverted bell curve.
[34:57.000 --> 35:00.000]  They're dropping vertical now.
[35:00.000 --> 35:12.000]  Another year, year and a half with all of the things going on, with all of the attacks on the bankers and with so many foreclosures happening.
[35:12.000 --> 35:14.000]  They'll begin to catch up with them.
[35:14.000 --> 35:17.000]  The foreclosures will begin to slow down.
[35:17.000 --> 35:22.000]  They'll work out a way to resell these properties.
[35:22.000 --> 35:36.000]  The banks are collecting these toxic assets and they're beginning to plow buildings in the ground because it's cheaper to tear them down and try to maintain them.
[35:36.000 --> 35:44.000]  The property values by my prediction, end of 2012, they will have bottomed out.
[35:44.000 --> 35:49.000]  They'll stabilize at the bottom and then they'll start to rise back up.
[35:49.000 --> 35:55.000]  Okay, you're in a house, you're paying 1500, 2000 a month.
[35:55.000 --> 36:00.000]  The property is worth half what you owe against it.
[36:00.000 --> 36:11.000]  So if it is not your personal home that you're emotionally attached to, but it's something you invested in, it's a really bad investment.
[36:11.000 --> 36:19.000]  So at this point, you might be better off through the lender, stop paying.
[36:19.000 --> 36:30.000]  Take the money that you would give to the lender and put it in gold, silver, platinum, platinum, whatever you do, don't spend it.
[36:30.000 --> 36:34.000]  This is a great opportunity.
[36:34.000 --> 36:52.000]  Take that money you would be paying on this house and because these bankers defrauded you and because they screwed up everything so bad, they're in a position to where you can now sue them and tie them up in court for the next two to five years.
[36:52.000 --> 37:00.000]  And while you're in court, they may foreclose, but they won't try to kick you out of the property.
[37:00.000 --> 37:05.000]  That's the last thing they want, another empty property to have to take care of.
[37:05.000 --> 37:20.000]  You take the money you would put into the mortgage and put it in something hard, something that will appreciate in particularly bad times.
[37:20.000 --> 37:25.000]  Look at what's going on in Europe with the euro.
[37:25.000 --> 37:28.000]  Look at what's happening to the dollar.
[37:28.000 --> 37:41.000]  If you have a property, have a mortgage and the dollar goes into hyperinflation, that will benefit you greatly concerning your mortgage.
[37:41.000 --> 37:46.000]  Good chance you can pay off your mortgage with a loaf of bread.
[37:46.000 --> 37:54.000]  I don't expect it to get that bad, but that's what we have looming before us.
[37:54.000 --> 38:01.000]  But if you look around at the prices you're paying, it's inflating dramatically right now.
[38:01.000 --> 38:07.000]  It wasn't that long ago I could eat a decent meal for $5.
[38:07.000 --> 38:10.000]  Then it went to $7 to $9 to $12.
[38:10.000 --> 38:14.000]  Now you're looking at $12 to $15 for a meal.
[38:14.000 --> 38:17.000]  That's steadily going to go up.
[38:17.000 --> 38:20.000]  The dollar is inflating dramatically.
[38:20.000 --> 38:27.000]  So keep that in mind. Let the dollar stop paying, sue the lender, time up in court.
[38:27.000 --> 38:35.000]  Put your money in gold silver, platinum, glitium, something hard, something you can touch and hold in your hand.
[38:35.000 --> 38:38.000]  Take a coffee cup.
[38:38.000 --> 38:48.000]  Without regard to what the value of the dollar is, that coffee cup takes a certain amount of product,
[38:48.000 --> 38:56.000]  a certain amount of labor, a certain amount of advertising and transportation.
[38:56.000 --> 39:02.000]  There's a certain amount of cost to producing that coffee cup.
[39:02.000 --> 39:10.000]  That amount of time and labor is going to be approximately the same no matter what happens to the dollar.
[39:10.000 --> 39:15.000]  If the dollar depreciates in value, it takes more than to buy the coffee cup.
[39:15.000 --> 39:22.000]  So in these times, this is no time to have your money in dollar-denominated assets.
[39:22.000 --> 39:25.000]  Get it out yesterday.
[39:25.000 --> 39:27.000]  Put it in something hard.
[39:27.000 --> 39:39.000]  Now if you have a special knowledge in certain given areas, these are good times to buy equipment from companies that are selling out, especially construction companies.
[39:39.000 --> 39:50.000]  All the construction companies are going out of business because during the boom, in order to compete, everybody had to mortgage themselves to the hilt.
[39:50.000 --> 39:52.000]  They all had new equipment.
[39:52.000 --> 40:01.000]  They turned over new equipment regularly because of the tax advantages in doing that and they get to have new equipment.
[40:01.000 --> 40:05.000]  They get to work without breakdowns and that's really nice as long as things go along good.
[40:05.000 --> 40:12.000]  But when you come across a bad time and the system crashes, these are the first guys to go.
[40:12.000 --> 40:24.000]  One of my clients when I was working in the oil area, he had 80 tractor trailers and oil was absolutely booming.
[40:24.000 --> 40:29.000]  And everybody was saying he should put on more trucks.
[40:29.000 --> 40:31.000]  He could put on 200 trucks.
[40:31.000 --> 40:39.000]  And he said no, I won't put on another truck until I can pay cash for it.
[40:39.000 --> 40:42.000]  And he was absolutely right.
[40:42.000 --> 40:50.000]  It wasn't six months after that that the oil industry had a major turn down.
[40:50.000 --> 41:00.000]  The price of oil dropped dramatically and half of the guys in business against him went out of business and he bought their equipment for chump change.
[41:00.000 --> 41:10.000]  When it turned around he had 200 trucks, sold them all for a little over 300 billion and went to the house.
[41:10.000 --> 41:16.000]  So I have a friend in the construction business who had all old equipment.
[41:16.000 --> 41:20.000]  But he owned every piece.
[41:20.000 --> 41:22.000]  He's the only one working now.
[41:22.000 --> 41:26.000]  Now he's getting more business that he can keep up with.
[41:26.000 --> 41:31.000]  In the worst of times because he owned the equipment.
[41:31.000 --> 41:39.000]  Well all of this equipment that these companies had was all out there on the market for chump change.
[41:39.000 --> 41:43.000]  We had one guy that was on the show regularly, a financial advisor.
[41:43.000 --> 41:50.000]  He was buying manufacturing equipment in Chicago and put it in warehouses because he sees what's coming.
[41:50.000 --> 41:55.000]  When our dollar decreases, we can't buy products cheap overseas anymore.
[41:55.000 --> 42:00.000]  We'll start building them back in the United States and we'll build up the economic base again.
[42:00.000 --> 42:03.000]  And this equipment will become valuable.
[42:03.000 --> 42:06.000]  So look for something to put your money in it.
[42:06.000 --> 42:09.000]  Preferably something hard in this economy.
[42:09.000 --> 42:11.000]  Gold and silver is always a good bet.
[42:11.000 --> 42:14.000]  Silver seems like the best but something hard.
[42:14.000 --> 42:16.000]  Let the dollar decrease in value.
[42:16.000 --> 42:19.000]  Let your property decrease in value.
[42:19.000 --> 42:24.000]  And the money you would be paying on the property, it holds its value.
[42:24.000 --> 42:37.000]  At the bottom, into 2012, early 2013, once property values start back up, then you buy back in and property values will come back up.
[42:37.000 --> 42:42.000]  All of these people who are being pushed out of their property still need a place to live.
[42:42.000 --> 42:48.000]  We still have people coming of age and wanting their own place.
[42:48.000 --> 42:55.000]  The market will grow at approximately 5% to 6% no matter what. It just keeps getting bigger.
[42:55.000 --> 43:02.000]  So once this cataclysm is over, property values will come back up to where they should be.
[43:02.000 --> 43:08.000]  They won't come up to the bubble hide but they'll come back to where they should be and it'll level out.
[43:08.000 --> 43:12.000]  So that's essentially my strategy.
[43:12.000 --> 43:21.000]  There's a couple other things I could go into like some of the quite ham action that we're looking at starting and different ways of fighting your foreclosure.
[43:21.000 --> 43:27.000]  But the primary thing is right now it's an opportunity in this area.
[43:27.000 --> 43:32.000]  The banks have put us in this position but now they're vulnerable.
[43:32.000 --> 43:34.000]  Now it's a good time to pay them back.
[43:34.000 --> 43:35.000]  Crap, they pulled us.
[43:35.000 --> 43:36.000]  We'll come back.
[43:36.000 --> 43:37.000]  I see you there, Kathy.
[43:37.000 --> 43:38.000]  We'll take you.
[43:38.000 --> 43:40.000]  We'll come back on the other side.
[43:40.000 --> 43:42.000]  I'm Dr. Kalkum, Dr. Stuart Zadikraeg with the radio.
[43:42.000 --> 43:47.000]  Our calling number is 512-646-1984.
[43:47.000 --> 43:51.000]  Give us a call questions, comments.
[43:51.000 --> 43:54.000]  Let's play Stomp to Chumps.
[43:54.000 --> 43:59.000]  We need some hard questions and we'll be right back.
[43:59.000 --> 44:06.000]  The Oakland City Bombing. Top 10 reasons to question the official story.
[44:06.000 --> 44:09.000]  Reason number 2. Why was the ATF AWOL?
[44:09.000 --> 44:14.000]  Paramedic Tiffany Bible, who's on the scene within five minutes, has stated in an affidavit
[44:14.000 --> 44:20.000]  that agents of the Bureau of Alcohol, Tobacco and Firearms told her that they were not in the office that morning.
[44:20.000 --> 44:23.000]  P&T Catherine Mallet also overheard one agent say to another,
[44:23.000 --> 44:29.000]  close, is that why we got the page to not come in today, end quote. Bruce Shaw, as interviewed on KFL or TV,
[44:29.000 --> 44:34.000]  was also told by ATF agents that they had been paged to not come in to work.
[44:34.000 --> 44:40.000]  The ATF initially denied these claims and now variously claim that one of their agents was in a free falling elevator,
[44:40.000 --> 44:45.000]  which has been disproven, or that they had been in an all night stick out, or that they had been in a golf tournament.
[44:45.000 --> 44:50.000]  As they try to sort out their lives, all we want to know is, did the ATF receive a warning,
[44:50.000 --> 44:55.000]  and if so, why did they not pass it on to others and memorials?
[44:55.000 --> 45:21.000]  For more information, go to OPCFondlyTruth.com.
[45:26.000 --> 45:28.000]  And now you can too.
[45:28.000 --> 45:34.000]  Jurisdictionary was created by a licensed attorney with 22 years of case winning experience.
[45:34.000 --> 45:43.000]  Even if you're not in a lawsuit, you can learn what everyone should understand about the principles and practices that control our American courts.
[45:43.000 --> 45:52.000]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, pro se tactics, and much more.
[45:52.000 --> 46:01.000]  Please visit ruleoflawradio.com and click on the banner or call toll-free 866-LAW-EZ.
[46:22.000 --> 46:38.000]  Okay, we're back. We've been talking about propulsion and trying to kind of lay out a strategy for getting through these difficult times.
[46:38.000 --> 46:45.000]  I realize it may sound like kind of a radical strategy, but these are radical times.
[46:45.000 --> 46:55.000]  These are times like our generation certainly hasn't seen. I know my parents' generation saw times like these,
[46:55.000 --> 47:01.000]  and they got through them. We will get through this one.
[47:01.000 --> 47:06.000]  It's a time of great difficulty and great opportunity.
[47:06.000 --> 47:12.000]  If we just pay attention to what's going on around us, we can find the opportunity.
[47:12.000 --> 47:17.000]  Okay, I'm going to go to Kathy in Texas.
[47:17.000 --> 47:19.000]  Kathy, what do you have for us?
[47:19.000 --> 47:23.000]  Well, you're talking about the mortgages, so here I am again.
[47:23.000 --> 47:34.000]  We've gotten twice, I think, phone calls, and the question I had is I was remissed, and the phone calls we're getting are recorded messages,
[47:34.000 --> 47:44.000]  and they say that there's a law passed and all the mortgages are required by law, and they state some numbers and statutes that I have failed to write down,
[47:44.000 --> 47:53.000]  and so that each mortgage is required to contact everyone to offer them renegotiation to keep you in your house.
[47:53.000 --> 47:57.000]  It's so important for us to keep you in your house.
[47:57.000 --> 48:05.000]  And the question really that pops into my mind first is not having written the numbers down, I don't have anything to look up,
[48:05.000 --> 48:13.000]  but is there a law passed that says they've got to go and renegotiate, or is this one of those perhaps a code somewhere
[48:13.000 --> 48:21.000]  that they've put a number on something so that they can have an excuse to go and cover their behinds and get the paperwork?
[48:21.000 --> 48:27.000]  Yeah, I think this is a scam, as far as I know, there is no such law.
[48:27.000 --> 48:45.000]  Now, there are programs out there that the Obama administration has pushed the banks to use and offer to their customers loan modifications,
[48:45.000 --> 48:51.000]  but only when the people are in trouble with their mortgage.
[48:51.000 --> 49:05.000]  It does sound like the Obama administration has stopped paying Bank of America and Wells Fargo,
[49:05.000 --> 49:19.000]  they're paying like $3,000 a piece to offer the modification, and they quit paying them because the banks were not negotiating in good faith.
[49:19.000 --> 49:22.000]  They were scamming people.
[49:22.000 --> 49:36.000]  So when they do this, they give the impression that you waive any rights you may have had in the prior loan, but that is not the case.
[49:36.000 --> 49:56.000]  Part of the spiel on there was about making sure that your payments are lower and not growing any principal and all this kind of stuff so that it sounds to me like they want to just evaluate everyone's loan
[49:56.000 --> 49:58.000]  and make it ironclad.
[49:58.000 --> 50:04.000]  Yes, lower your payment, but that means your principal is going to go out to 10 more years out there or something.
[50:04.000 --> 50:07.000]  I haven't seen any payments lowered.
[50:07.000 --> 50:12.000]  I've seen the modifications, but they're not lowering the payment.
[50:12.000 --> 50:17.000]  We have a woman here in Austin who had always been up to date on her payments.
[50:17.000 --> 50:19.000]  She asked for a modification.
[50:19.000 --> 50:20.000]  They gave her one.
[50:20.000 --> 50:30.000]  Her interest went down, but her principal went up $15,000 and her payment went up.
[50:30.000 --> 50:34.000]  Was that because her term gets shorter?
[50:34.000 --> 50:35.000]  Pardon me?
[50:35.000 --> 50:37.000]  Did the term get shorter to cause that?
[50:37.000 --> 50:40.000]  No.
[50:40.000 --> 50:43.000]  They lowered the principal.
[50:43.000 --> 50:49.000]  I mean, they lowered the interest and increased the principal to make up for what they lowered the interest.
[50:49.000 --> 50:53.000]  So they just charged the interest up front.
[50:53.000 --> 50:57.000]  Yeah, they just did song and dance and sells her down your pants.
[50:57.000 --> 50:59.000]  Oh, yeah.
[50:59.000 --> 51:12.000]  And we have a couple of people, one here in Dallas, that he did a modification and they told him he had to pay $3,000 a month for three months during his trial period.
[51:12.000 --> 51:14.000]  He did.
[51:14.000 --> 51:16.000]  They didn't apply it to his note.
[51:16.000 --> 51:18.000]  All right.
[51:18.000 --> 51:20.000]  It's just gone.
[51:20.000 --> 51:25.000]  So he sued them for fraud.
[51:25.000 --> 51:29.000]  We have, I actually have two people like that.
[51:29.000 --> 51:44.000]  And in looking into it, I found two or three suits against, this is primarily Bank of America doing this, one from Oregon, one from California, where they did exactly the same thing.
[51:44.000 --> 51:52.000]  They're getting people into these modifications, demanding that they pay this higher amount for three months.
[51:52.000 --> 51:55.000]  And then they don't apply that to the note.
[51:55.000 --> 51:57.000]  It seems to just disappear.
[51:57.000 --> 52:12.000]  And one way is that even in a regular note, I mean, if I'm going and renegotiating my loan, for instance, and they say to me, pay three months, you know, triple payment or something, what would be that advantage?
[52:12.000 --> 52:16.000]  What would be the logic of that in the first place?
[52:16.000 --> 52:19.000]  That's what I tried to figure out.
[52:19.000 --> 52:23.000]  When I looked at the proceeds, is that the finance fee?
[52:23.000 --> 52:25.000]  Is that something tacked on?
[52:25.000 --> 52:34.000]  What kind of, was there anything in the paperwork that would say what that money is supposed to be for?
[52:34.000 --> 52:39.000]  No, I haven't seen all the paperwork yet to know how they got there.
[52:39.000 --> 52:45.000]  But however they got there, what kind of modification is that?
[52:45.000 --> 52:53.000]  Where they modify it, where she's been up to date on all of her payments.
[52:53.000 --> 53:00.000]  She's not behind anything and modifies the note and winds up paying more money.
[53:00.000 --> 53:14.000]  And then in order for her to be able to show harm, I asked her to go down to another bank and ask for a loan to refinance this and get it out of this bank's name.
[53:14.000 --> 53:27.000]  She went there and put in the application and they told her that since she had applied for a modification, she could not get refinanced for two years.
[53:27.000 --> 53:33.000]  Now, is that a bank policy or is that some real rule?
[53:33.000 --> 53:38.000]  I'm not sure yet, but that was really surprising.
[53:38.000 --> 53:42.000]  Now, we expected her to, go ahead.
[53:42.000 --> 53:46.000]  Maybe that's a gentleman's agreement among shark.
[53:46.000 --> 53:48.000]  That's what I'd like to find out.
[53:48.000 --> 54:04.000]  But if this is consistent, then what it does is if you enter into the loan modification negotiations and the bank does not negotiate in good faith,
[54:04.000 --> 54:10.000]  then you can show that they have harmed you badly by destroying your credit rating.
[54:10.000 --> 54:11.000]  Absolutely.
[54:11.000 --> 54:22.000]  That's exactly what she gets to do and she can come in and claim harm in the amount of credit she did not get.
[54:22.000 --> 54:27.000]  Loss of credit is a defined cause of action.
[54:27.000 --> 54:31.000]  It's one of those things you can specifically sue for.
[54:31.000 --> 54:42.000]  If anybody has done a loan modification or tried to modify and the bank didn't negotiate in good faith, run down to another bank and ask him to give you a refinance.
[54:42.000 --> 54:45.000]  Ask for more money than you expect they'll give you.
[54:45.000 --> 54:47.000]  Get them to turn you down.
[54:47.000 --> 54:55.000]  But then they'll have you check on your credit and give you all the information you need to know about what's been done to you.
[54:55.000 --> 54:56.000]  Yeah.
[54:56.000 --> 54:58.000]  That's your proof, right?
[54:58.000 --> 55:01.000]  Well, that's not the harm.
[55:01.000 --> 55:06.000]  The fact that your credit is damaged is not harm.
[55:06.000 --> 55:12.000]  If you can't get a loan because your credit is damaged, that's harm.
[55:12.000 --> 55:19.000]  But that's very apparent when they say no because of what's on your credit record.
[55:19.000 --> 55:20.000]  Yeah, yeah.
[55:20.000 --> 55:22.000]  That's exactly what you need to get them to do.
[55:22.000 --> 55:30.000]  We didn't own that 30 years ago because we did have a, we were turned down to refinance the house at one point.
[55:30.000 --> 55:38.000]  Over $35 that Sears had put on our credit bill that we owed them when we had moved.
[55:38.000 --> 55:46.000]  We paid the bill and they transferred the balance to the new location and then refused to call it paid.
[55:46.000 --> 55:55.000]  Standing there showing them paid receipts in my hand on the account number, they had transferred this balance that was already paid off, $35.
[55:55.000 --> 55:56.000]  They chased me around.
[55:56.000 --> 55:57.000]  They called me at work.
[55:57.000 --> 55:58.000]  They did all kinds of things.
[55:58.000 --> 56:05.000]  And when I needed to refinance my house, they turned it down for that one $35 charge.
[56:05.000 --> 56:09.000]  Man, had I known I would own Sears today.
[56:09.000 --> 56:14.000]  Yeah, that would give you a good claim against them because that is a legitimate claim.
[56:14.000 --> 56:15.000]  Yeah.
[56:15.000 --> 56:24.000]  You had a right to that credit and they denied you in the right to the credit and they harmed you in the amount of credit you didn't get.
[56:24.000 --> 56:25.000]  That's right.
[56:25.000 --> 56:33.000]  So, this is what we're suggesting, these kind of things, because, you know, we use every, it's legal.
[56:33.000 --> 56:35.000]  It's perfectly absolutely legal.
[56:35.000 --> 56:40.000]  Absolutely legal to go ask for a loan that you know they're not going to give you.
[56:40.000 --> 56:41.000]  Yeah, exactly.
[56:41.000 --> 56:42.000]  We shop for everything else.
[56:42.000 --> 56:44.000]  Why not shop for that?
[56:44.000 --> 56:45.000]  Right.
[56:45.000 --> 56:53.000]  So, let's pull out every stinking rotten lowdown lawyer trick we can find to beat these guys over the head with them.
[56:53.000 --> 56:55.000]  Well, you don't even have to.
[56:55.000 --> 56:56.000]  That's what I mean.
[56:56.000 --> 56:57.000]  It's just plain shopping.
[56:57.000 --> 57:01.000]  You shop for credit just like you shop for a pair of shoes.
[57:01.000 --> 57:02.000]  You go try it on you.
[57:02.000 --> 57:03.000]  Look at this one.
[57:03.000 --> 57:04.000]  You compare it to that one.
[57:04.000 --> 57:06.000]  You try and get the best deal you can get.
[57:06.000 --> 57:08.000]  So, you're just shopping.
[57:08.000 --> 57:10.000]  You're not doing anything.
[57:10.000 --> 57:11.000]  Exactly.
[57:11.000 --> 57:13.000]  You're not doing it back to us.
[57:13.000 --> 57:15.000]  Does that give you a way to show harm?
[57:15.000 --> 57:16.000]  That's right.
[57:16.000 --> 57:17.000]  Okay.
[57:17.000 --> 57:18.000]  Okay.
[57:18.000 --> 57:19.000]  Well, thank you so much.
[57:19.000 --> 57:20.000]  Thank you, Kathy.
[57:20.000 --> 57:22.000]  It's nice to hear your voice again.
[57:22.000 --> 57:23.000]  Okay, Doug.
[57:23.000 --> 57:26.000]  Can you just keep hanging in there?
[57:26.000 --> 57:27.000]  Oh, I will.
[57:27.000 --> 57:28.000]  Okay.
[57:28.000 --> 57:29.000]  This is Randy Kelvin.
[57:29.000 --> 57:31.000]  The phone lines are open.
[57:31.000 --> 57:35.000]  512-646-1984.
[57:35.000 --> 57:39.000]  I hope I haven't put everybody to sleep talking about the foreclosure issue.
[57:39.000 --> 57:41.000]  We're going to go to break shortly.
[57:41.000 --> 57:45.000]  The other thing I wanted to talk about a little bit, and then we'll go to Eddie when we come
[57:45.000 --> 57:49.000]  back on the other side, and that's a quite damn action.
[57:49.000 --> 57:53.000]  I was looking at the modification issue.
[57:53.000 --> 58:00.000]  The banks are using the modification issue as a major, major scam.
[58:00.000 --> 58:05.000]  And the Obama administration is getting pretty tired of it.
[58:05.000 --> 58:11.000]  With the special act, just for this, it's a fraud act.
[58:11.000 --> 58:17.000]  I'll think of it when we come back on the other side and address it a little bit.
[58:17.000 --> 58:27.000]  But you can make a claim against the bankers for taking government money for offering this
[58:27.000 --> 58:28.000]  program.
[58:28.000 --> 58:32.440]  And when they offer the program, then they don't negotiate with the fake, so they take
[58:32.440 --> 58:35.440]  the money for false pretenses.
[58:35.440 --> 58:38.440]  And you can sue them in a quite damn action.
[58:38.440 --> 58:43.440]  And in a quite damn action, you can keep 10% of whatever you recover if the government
[58:43.440 --> 58:44.440]  helps.
[58:44.440 --> 58:46.440]  The government doesn't help you keep 25%.
[58:46.440 --> 58:50.440]  So we'll touch on that a little bit when we come back on the other side.
[58:50.440 --> 58:53.440]  This is Randy Kelvin and Eddie Craig.
[58:53.440 --> 58:54.440]  We'll blow radio.
[58:54.440 --> 58:59.440]  We'll be right back.
[58:59.440 --> 59:03.440]  Would you like to make more definite progress in your walk with God?
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[59:54.440 --> 59:59.440]  Or visit us online at bfa.org.
[59:59.440 --> 01:00:04.440]  This news brief brought to you by the International News Network.
[01:00:04.440 --> 01:00:09.440]  Workers in Greece launched a general strike Thursday against planned austerity measures.
[01:00:09.440 --> 01:00:14.440]  The new coalition government, headed by former European Central Bank Vice President Lukas
[01:00:14.440 --> 01:00:20.440]  Papademos, is pressing ahead with more spending cuts and tax hikes that have caused household
[01:00:20.440 --> 01:00:21.440]  incomes to plummet.
[01:00:21.440 --> 01:00:27.440]  The strikely six this year shut down public services, disrupted train and ferry services
[01:00:27.440 --> 01:00:31.440]  and left state hospitals on emergency staffing levels.
[01:00:31.440 --> 01:00:37.440]  The U.S. unemployment rate dropped sharply to 8.6 percent in November.
[01:00:37.440 --> 01:00:40.440]  It's lowest level in two and a half years.
[01:00:40.440 --> 01:00:45.440]  The Department of Labor said the U.S. economy added 120,000 new jobs.
[01:00:45.440 --> 01:00:50.440]  The private sector added 140 jobs while government employment continued to fall.
[01:00:50.440 --> 01:00:55.440]  One of the reasons for the sharp drop was the large number of people who gave up looking
[01:00:55.440 --> 01:01:00.440]  for work and therefore no longer counted as part of the workforce.
[01:01:00.440 --> 01:01:06.440]  Speakers at a packed and unruly public hearing in New York Wednesday over a proposal to end
[01:01:06.440 --> 01:01:11.440]  the ban on hydraulic fracturing spoke out overwhelmingly against the technique which
[01:01:11.440 --> 01:01:17.440]  involves blasting chemically laced water and sand into shale rock to release gas.
[01:01:17.440 --> 01:01:22.440]  Critics say fracking poisons air, land and water.
[01:01:22.440 --> 01:01:29.440]  Massachusetts Thursday sued Bank of America, J.P. Morgan Chase, Wells Fargo, Citigroup
[01:01:29.440 --> 01:01:33.440]  and GMAC over deceptive foreclosure practices.
[01:01:33.440 --> 01:01:40.440]  The suit filed by Attorney General Martha Coakley says banks violated Massachusetts law with
[01:01:40.440 --> 01:01:46.440]  quote unlawful and deceptive conduct in the foreclosure process including unlawful foreclosures,
[01:01:46.440 --> 01:01:53.440]  false documentation, robo-signing and deceptive practices related to loan modifications.
[01:01:53.440 --> 01:01:58.440]  Robo-signing refers to the practice of electronically signing thousands of documents in
[01:01:58.440 --> 01:02:04.440]  affidavits without verifying the information contained in the document or the affidavit.
[01:02:04.440 --> 01:02:09.440]  The lawsuit signals a change from talks that have dragged on for more than a year between
[01:02:09.440 --> 01:02:15.440]  major banks and attorneys general from all 50 states over the fraudulent foreclosure practices
[01:02:15.440 --> 01:02:19.440]  that drove millions of Americans from their homes.
[01:02:19.440 --> 01:02:24.440]  The U.S. economic slump has lasted so long more than half the country's 14 million jobless
[01:02:24.440 --> 01:02:27.440]  can no longer claim unemployment compensation.
[01:02:27.440 --> 01:02:33.440]  Only 48% are receiving checks, a drop from 75% early last year.
[01:02:33.440 --> 01:02:39.440]  The dramatic falls occurred despite the unemployment rate remaining roughly 9%.
[01:02:39.440 --> 01:02:44.440]  As Americans have lost their compensation, the number claiming food stamps has surged to a
[01:02:44.440 --> 01:02:47.440]  post-poor high of 45 million.
[01:02:47.440 --> 01:02:52.440]  Congress will soon vote on whether to continue funding the 99-week benefits program.
[01:02:52.440 --> 01:02:57.440]  Should lawmakers fail to extend the program, a further 2 million unemployed stand to lose
[01:02:57.440 --> 01:03:19.440]  their compensation come February.
[01:03:28.440 --> 01:03:35.440]  This all according to the will of the Almighty.
[01:03:35.440 --> 01:03:42.440]  I read His book and it says the cares come toward the unsightly.
[01:03:42.440 --> 01:03:51.440]  These warm unders come by that term rightly.
[01:03:51.440 --> 01:03:58.440]  I will pay for the war with my body.
[01:03:58.440 --> 01:04:02.440]  I am going to pay for the car with my money.
[01:04:02.440 --> 01:04:08.440]  I will pay for the fun with my body.
[01:04:08.440 --> 01:04:15.440]  okay this has already come from everything that's great with the video.
[01:04:15.440 --> 01:04:23.780]  where court clerks around the country are suing lenders under a quiet damn action.
[01:04:23.780 --> 01:04:35.900]  A quiet damn action is an action to recover government money that has been used improperly
[01:04:35.900 --> 01:04:44.980]  or that the government has been defrauded out of. It's primarily a whistleblower action. It was
[01:04:44.980 --> 01:04:53.240]  generally used by people with inside knowledge that had knowledge of a fraud against the government.
[01:04:53.240 --> 01:05:02.240]  They could file suit to recover the money and whatever they recovered they could keep 25%.
[01:05:02.240 --> 01:05:12.680]  Unless the government decided to step in and take over the prosecution, in which case the person
[01:05:12.680 --> 01:05:19.520]  would receive 10% of whatever the government recovered. In either case it's a pretty good deal
[01:05:19.520 --> 01:05:27.960]  because if the government does all the work you still get the money. But there are other ways of
[01:05:27.960 --> 01:05:38.240]  using the quiet damn. Like here we have a lender who's accepting government money from the feds.
[01:05:38.240 --> 01:05:47.200]  Oh I was going to tell you the clerks. They sued the lenders to recover the money that they
[01:05:47.200 --> 01:05:56.720]  didn't pay the clerk for filing the notice of sale of security instruments with the clerk of the
[01:05:56.720 --> 01:06:06.880]  court. Every sale of a security instrument based on a real property was required to be filed in
[01:06:06.880 --> 01:06:14.000]  the public records so that anyone who would attempt to purchase the property could trace the
[01:06:14.000 --> 01:06:20.880]  holdership of any claim against the property. And they didn't do that. They set up MERS to get
[01:06:20.880 --> 01:06:30.960]  around that requirement. And the courts ruled that the MERS business model was patently illegal.
[01:06:30.960 --> 01:06:41.560]  So then these clerks came after the banks for the money. They didn't pay the clerk because they
[01:06:41.560 --> 01:06:48.800]  didn't file the public notice of the way they should. Now for us that works well because
[01:06:48.800 --> 01:06:58.880]  that statute or I mean that that establishes as a matter of law that the lender who would try to
[01:06:58.880 --> 01:07:08.280]  come and foreclose on your home when the lender has failed to abide by law comes to the court with
[01:07:08.280 --> 01:07:16.560]  unclean hands. And there's a primary doctrine that says no person shall be allowed to profit from
[01:07:16.560 --> 01:07:27.240]  his own misdeeds. So anyway then we could that's a claim we could make against them and have support
[01:07:27.240 --> 01:07:36.280]  because of the lawsuit but also under the loan modification where the bank purports to offer a
[01:07:36.280 --> 01:07:42.280]  loan modification and collects money from the federal government. And then comes to you and
[01:07:42.280 --> 01:07:50.680]  fails to act in good faith. That gives you a quite a claim you can make against the lender.
[01:07:50.680 --> 01:07:58.000]  One of the problems we're having with the federal courts when you file pros say the federal courts
[01:07:58.000 --> 01:08:05.400]  are doing everything they can to toss your claim. Well this will keep you a claim in the
[01:08:05.400 --> 01:08:12.240]  federal court if you're making a claim under a quitam action. It's a very simple claim to make
[01:08:12.240 --> 01:08:19.760]  and very hard for the court to throw out. So it gives us a way to hold our suit in the court.
[01:08:19.760 --> 01:08:26.560]  And another claim you can make against the lender. Okay we have another call. We have
[01:08:26.560 --> 01:08:31.280]  Marshall from Oregon. I'm going to take Marshall and then we're going to we'll go to Eddie. He's
[01:08:31.280 --> 01:08:38.080]  got something really interesting and won't bore you to death like I have. Okay Marshall what do
[01:08:38.080 --> 01:08:45.080]  you have for us tonight? Evening a couple of foreclosure related questions. One is I was helping
[01:08:45.080 --> 01:08:54.720]  over here recently and in federal court on a case where MERS had done a foreclosure and MERS name
[01:08:54.720 --> 01:09:04.760]  filed the case and literally overnight the judge gave the restraining order and about a week later
[01:09:04.760 --> 01:09:11.600]  the bank rescinded the foreclosure for foreclosure notice. So that's all good and great but I'm kind
[01:09:11.600 --> 01:09:17.520]  of curious as to in a sense is that the end of what we can do with that suit or is there anything
[01:09:17.520 --> 01:09:24.920]  else that might be able to still be a suit? Okay okay here's what were the causes of action in the
[01:09:24.920 --> 01:09:34.320]  suit? It was filed in the name of MERS which was not the original lender. Wait wait wait no your
[01:09:34.320 --> 01:09:44.520]  action against the lender. Wrongful foreclosure. Oh okay good so you're claiming that the person
[01:09:44.520 --> 01:09:53.000]  doing the foreclosure lacked standing that's perfect and what kind of harm did you claim?
[01:09:53.000 --> 01:10:10.600]  I'm drawing blank for a moment. Okay let me give a suggestion on harm in this kind of issue. If
[01:10:10.600 --> 01:10:17.120]  they're trying to do a wrongful foreclosure they're trying to take the person's property from them
[01:10:17.120 --> 01:10:26.480]  and they're trying to do so improperly. So what is the value of the object of the fraud?
[01:10:26.480 --> 01:10:34.600]  Triple that. That's the claim. Property let alone any so-called pain, anguish and grief and so on.
[01:10:34.600 --> 01:10:46.240]  Pain, anguish and grief is hard to prove up. There is case law saying that a foreclosure
[01:10:46.240 --> 01:10:55.640]  causes extreme mental distress by its very nature but just the wrongful foreclosure is
[01:10:55.640 --> 01:11:03.600]  sufficient to claim three times the amount of the original principle because you're claiming a
[01:11:03.600 --> 01:11:14.520]  wrongful act and knowing a deliberate wrongful act that invokes treble damages. So always make
[01:11:14.520 --> 01:11:26.040]  a good claim against them. We have one case here in Dallas where the guy I mentioned earlier who
[01:11:26.040 --> 01:11:32.560]  paid in his 3,000 a month and he just disappeared. They didn't apply it anywhere so he sued him
[01:11:32.560 --> 01:11:38.920]  for fraud. They didn't answer. They went to court to get a temporary restraining order. The other
[01:11:38.920 --> 01:11:47.200]  side didn't show up. The judge gave him a one-year restraining order. So I suggested, I asked him,
[01:11:47.200 --> 01:11:55.440]  did they answer the suits and I hadn't done anything. Did you give proper service? Absolutely.
[01:11:55.440 --> 01:12:00.160]  He had a process server and apparently he served him two or three different times just to make
[01:12:00.160 --> 01:12:08.520]  sure different places. So we got that part. That's the one thing they will come back at you up with
[01:12:08.520 --> 01:12:12.800]  for no answer default. They'll say we didn't know about suit. That's why we didn't answer. So they
[01:12:12.800 --> 01:12:21.160]  can't say that. So I'm wondering why didn't they answer? Did I ask what did you ask for in your
[01:12:21.160 --> 01:12:30.040]  suit? Well I asked for my money back. No wonder they didn't answer. They could stand the default
[01:12:30.040 --> 01:12:40.720]  judgment of $15,000. Heck, it would cost them more to write their answer. The attorneys charge
[01:12:40.720 --> 01:12:45.720]  them more to write the answer than what these guys asked for. So they said heck with it. There's
[01:12:45.720 --> 01:12:52.800]  not enough to matter. Once the suit's adjudicated, they'll just move ahead with their foreclosure.
[01:12:52.800 --> 01:13:03.360]  They probably didn't expect a year restraining order. That probably surprised them. But when you
[01:13:03.360 --> 01:13:09.000]  make a claim, make sure you ask for enough to give them reasons to want to come to the table
[01:13:09.000 --> 01:13:14.320]  with you. Okay, go ahead. I talked to you. How would you state that actual cause for that kind of a
[01:13:14.320 --> 01:13:24.200]  claim? Right. This particular one, he should have claimed that the lender intended for him to
[01:13:24.200 --> 01:13:35.240]  pay this $3,000 a month and then as far as he knew indefinitely and never apply it to his loan.
[01:13:35.240 --> 01:13:43.480]  So again, to get a number to claim, claim three times the amount of the original principle. Now
[01:13:43.480 --> 01:13:53.920]  there's another way to get an even larger claim. Look at the fees that were charged by the lender
[01:13:53.920 --> 01:14:05.160]  at closing. How do you know all of those fees were actually correct and proper fees? But that would
[01:14:05.160 --> 01:14:11.720]  be different to defendants though. In this case, we only sued MERS and the so-called party they
[01:14:11.720 --> 01:14:17.320]  were acting for, which was not either one of which was the original lender. Oh, okay. Recorded
[01:14:17.320 --> 01:14:25.480]  accounting. Okay. In doing that, the primary thing I would do and what we've been doing here
[01:14:25.480 --> 01:14:34.920]  with our clients is we filed a suit under Fair Debt Collections Practices Act. We don't go to
[01:14:34.920 --> 01:14:43.800]  real estate law at all. No hope of tea to respite. None of that because we don't admit that a note
[01:14:43.800 --> 01:14:56.680]  exists, especially if it's MERS moving. First thing I want to say is who are you? You claim that
[01:14:56.680 --> 01:15:04.160]  I lose this money. I don't know you. I never entered into a contract with you and most likely
[01:15:04.160 --> 01:15:17.760]  the holder of the note, you'll have an agent acting for a principal. And most likely the
[01:15:17.760 --> 01:15:27.280]  principal is not the original lender that you entered into contract with. So you say you claim
[01:15:27.280 --> 01:15:32.440]  you have authority to collect this note. Who are you? I never entered into contract with you. You
[01:15:32.440 --> 01:15:38.840]  claim you're an agent for this principal over here. Well, I never entered into a contract with
[01:15:38.840 --> 01:15:45.960]  him either. So I don't know who you are. And under the Fair Debt Collections Practices Act,
[01:15:47.720 --> 01:15:55.560]  if a debt collector makes a claim that he either does not in or makes a threat of an action that
[01:15:55.560 --> 01:16:01.480]  he does not intend to carry out or does not have the authority to carry out, that's a violation
[01:16:01.480 --> 01:16:13.800]  of 1692 F Fair Debt Collections Practices Act. And what we maintain is that you made a threat to
[01:16:13.800 --> 01:16:21.720]  foreclosure and you have no power to execute the foreclosure. Now that is a civil rights violation.
[01:16:21.720 --> 01:16:32.120]  That's the cause of action all on its own. So it's not when the court just gets to throw out,
[01:16:32.120 --> 01:16:38.920]  out of hand. And what the courts have been trying to do is first the clients to see the
[01:16:38.920 --> 01:16:45.560]  banks. Don't do that. The way to the bank proves up to your position. This is Randy Kelton,
[01:16:45.560 --> 01:16:51.400]  Debra Stephen City Craig with my radio. Hang on, Marshall, we'll be right back on the other side,
[01:16:51.400 --> 01:16:53.000]  and we'll pick up before we left off.
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[01:19:29.000 --> 01:19:37.000]  Okay, Marshall, do you have any more questions, or have I answered your question?
[01:19:39.240 --> 01:19:44.200]  I do have a couple more related to that same case. Since they have rescinded the foreclosure,
[01:19:45.320 --> 01:19:51.480]  does that effectively take away the causes of action, or is there something we can still pursue?
[01:19:51.480 --> 01:19:58.680]  And related to that is, a few days after they rescinded their foreclosure, we filed a
[01:19:59.800 --> 01:20:05.480]  motion for discovery regarding an admin summary report and some of those kind of details,
[01:20:06.040 --> 01:20:09.000]  and we got a response back from their attorney that said,
[01:20:09.640 --> 01:20:13.800]  we are not permitted to serve discovery requests until we have compiled with
[01:20:13.800 --> 01:20:21.960]  conferral requirements set forth in federal rules of civil procedure number 26, and that
[01:20:21.960 --> 01:20:28.280]  was all they said. And basically, we haven't done or heard anything else, on this case,
[01:20:28.280 --> 01:20:34.120]  in federal court, being basically the last action was when they rescinded the foreclosure.
[01:20:34.120 --> 01:20:42.200]  Okay, the fact that they rescinded the foreclosure does not remove the harm.
[01:20:44.120 --> 01:20:53.400]  Neither does it indemnify them, so they're still on the hook. And essentially, by removing the
[01:20:53.400 --> 01:21:01.160]  foreclosure, that's tantamount to admission. Did they file an answer to your suit?
[01:21:01.160 --> 01:21:07.480]  No, they have never filed or made any kind of answer or any form to the court regarding the
[01:21:07.480 --> 01:21:12.360]  suit. All they did was rescind the foreclosure. How old is the action?
[01:21:14.360 --> 01:21:21.640]  Approximately two months. Filed motion for no answer to default.
[01:21:21.640 --> 01:21:29.480]  Okay. They have essentially, you filed suit against them for improper foreclosure.
[01:21:30.600 --> 01:21:35.160]  They didn't answer the suit, but immediately they withdrew the foreclosure action. That's
[01:21:35.160 --> 01:21:46.520]  an admission that it was improper. That was really bonehead. Hearing this, this tells me
[01:21:46.520 --> 01:21:52.920]  these guys are getting worried that, you know, they do this stuff that most people don't do anything
[01:21:52.920 --> 01:22:00.040]  about it. They just, they just let them foreclose. And they never once in a while,
[01:22:00.040 --> 01:22:07.960]  somebody comes along and hammers them. It looks like they're getting sensitive to claims of fraud.
[01:22:08.760 --> 01:22:14.440]  That's why they jerked that foreclosure right away. So now is a good time to press the issue
[01:22:14.440 --> 01:22:21.400]  with a motion for no answer default. Okay. Now they've said, their attorney that is,
[01:22:21.400 --> 01:22:27.800]  verbally outside of court in a phone call to the homeowner that at some point we will likely
[01:22:27.800 --> 01:22:35.640]  file a judicial foreclosure process. Now what if any, can that be done completely separate
[01:22:35.640 --> 01:22:41.240]  or irrelevant on their part, even though the federal case is still open that we have against them?
[01:22:41.240 --> 01:22:51.160]  Yes. Yes. And if they attempt that, then file a motion, file a petition for a stay of proceedings.
[01:22:53.240 --> 01:22:57.240]  And well, until this case is over, they're probably not going to do anything
[01:22:59.000 --> 01:23:06.680]  as long as this federal case exists. And what they probably expect is you're going to think,
[01:23:06.680 --> 01:23:15.160]  oh, goody, goody, I won. And then you won't pursue prosecution. And after six months,
[01:23:15.160 --> 01:23:20.200]  the court will dismiss for like a prosecution. Because you're going to think no need to prosecute
[01:23:20.200 --> 01:23:26.200]  now that they stopped for their foreclosure. Absolutely there is. They harmed you.
[01:23:27.480 --> 01:23:31.880]  They damaged your credit. They subjected you to
[01:23:31.880 --> 01:23:39.800]  severe emotional distress. That's why your eyes are crossed there all the time now. You can't
[01:23:40.360 --> 01:23:45.720]  talk without slobbering on your chin. Press the issue. You've got them.
[01:23:47.240 --> 01:23:54.760]  You may get enough out of this one to get them to come to the table and write you a quiet title.
[01:23:54.760 --> 01:24:04.920]  Which we did ask for as one of the causes of action or solutions to the problem.
[01:24:04.920 --> 01:24:11.080]  Good. Just stay after them. They didn't answer, so you got a good shot at no answer default.
[01:24:11.720 --> 01:24:19.720]  Who did you sue in the action? Did you sue the lender or the agent?
[01:24:19.720 --> 01:24:25.800]  And we did not list the original lender at all since they were not a party listed in the foreclosure.
[01:24:25.800 --> 01:24:33.640]  We only sued MERS, which was the primary party, and some other third party bank that MERS said they
[01:24:33.640 --> 01:24:42.040]  were doing the foreclosure for, neither of which is on record as the owner of the county.
[01:24:42.040 --> 01:24:51.560]  Okay. Wonderful. Wonderful. Now, if you file for no answer default, and they're likely to jump
[01:24:51.560 --> 01:24:57.080]  in with some grand excuses to why they didn't answer, how did you serve them?
[01:25:00.120 --> 01:25:07.880]  Directly at the, in this case, both of them were in Delaware at their agent of record in Delaware.
[01:25:07.880 --> 01:25:16.680]  How did you, did you have a process server? A process server. Wonderful. Okay. You got them.
[01:25:16.680 --> 01:25:21.480]  Okay. You got the service. One of the primary things they'll say on no answer default is,
[01:25:21.480 --> 01:25:26.840]  oh, we didn't get proper service. You can establish service. The next thing they're
[01:25:26.840 --> 01:25:32.920]  going to have to say show is on is mistake. Well, they rescinded the foreclosure.
[01:25:32.920 --> 01:25:41.560]  They can't say they didn't know that the suit was in place. They can't say that they accidentally
[01:25:41.560 --> 01:25:50.040]  didn't answer because they took action based on the suit. You have a very good case for no
[01:25:50.040 --> 01:26:01.160]  answer default. Now, judges don't like to grant no answer default. So they, the judge will probably
[01:26:01.160 --> 01:26:10.280]  not grant you the default. Then you appeal it, but this puts them in a one down position where
[01:26:10.280 --> 01:26:18.840]  all they can do here is lose money. And you might look at the prospect of making criminal
[01:26:18.840 --> 01:26:26.680]  accusations against them is not because you want them prosecuted. This is all about politics.
[01:26:26.680 --> 01:26:34.920]  You go down to the local prosecuting attorney and you file a complaint against them for fraud,
[01:26:34.920 --> 01:26:41.240]  for attempting to defraud you of your property by filing a fraudulent foreclosure action.
[01:26:42.760 --> 01:26:50.440]  And with all of the politics floating around right now, if your local prosecutor
[01:26:50.440 --> 01:26:58.360]  is an incumbent, he's looking at an election where he's an underdog. He may want a way
[01:26:59.160 --> 01:27:04.920]  to show the public that he's their bud and he's on their side. He might take it out. If he doesn't,
[01:27:06.040 --> 01:27:13.240]  then you file a complaint against him for official misconduct. And you don't care about him either.
[01:27:13.240 --> 01:27:19.320]  What you want to do is annoy him so that he goes back to this banker and says,
[01:27:19.320 --> 01:27:25.240]  what in the heck did you get me into? These guys are coming after me because I'm not coming after
[01:27:25.240 --> 01:27:32.600]  you. And give these guys a reason to come to the table and make a deal and get this annoying pest
[01:27:32.600 --> 01:27:40.440]  to go away and leave us alone. The government sued the tobacco companies three times. They had
[01:27:40.440 --> 01:27:47.880]  so much money, they beat them all three times. Third time they filed a RICO. The RICO combined
[01:27:47.880 --> 01:27:53.640]  criminal and civil and all of a sudden these banks said, these cigarette executives said,
[01:27:53.640 --> 01:28:02.520]  hold on here. We could wind up going to prison. That's when they came to the table. So if you
[01:28:02.520 --> 01:28:09.720]  class up to it, if you really believe they committed a fraudulent foreclosure, file on them.
[01:28:09.720 --> 01:28:16.520]  And if they tried it with MERS, they are subject to collateral estoppel.
[01:28:18.840 --> 01:28:27.960]  And what collateral estoppel means is that MERS has came into court and proposed their business
[01:28:27.960 --> 01:28:38.760]  model in landmark V. Kessler and several other cases, quite a few cases. They've pitched their
[01:28:38.760 --> 01:28:48.680]  business model. MERS told the Kansas court that the requirement to register the sale of the
[01:28:48.680 --> 01:28:52.760]  security instrument with the clerk of the court is archaic, costly, and cumbersome.
[01:28:54.040 --> 01:29:00.200]  And we have put together this whiz-bang business for the purpose of streamlining the process.
[01:29:00.200 --> 01:29:09.480]  The lender files their note with us and we stand as a nominee for the lender and then they can
[01:29:09.480 --> 01:29:18.120]  sell the note behind us all they want to. In the landmark V. Kessler case, the Supreme Court of
[01:29:18.120 --> 01:29:25.400]  Kansas said that you are absolutely right. The requirement to file the sale of the security
[01:29:25.400 --> 01:29:33.240]  instrument with the clerk of the court is archaic, costly, and cumbersome. But you'll have to take
[01:29:33.240 --> 01:29:38.360]  that up with the legislature. So long as it is law, we have no power to change it.
[01:29:40.440 --> 01:29:47.640]  That establishes collateral estoppel. Once they have been ruled against in a court on that issue,
[01:29:47.640 --> 01:29:53.560]  they cannot bring it into another court. This is Randy Kaltenberg's team, Daddy Craig,
[01:29:53.560 --> 01:29:56.200]  with our radio, who will be right back on the other side.
[01:29:59.720 --> 01:30:03.000]  Top 10 reasons to question the official story of the Oklahoma City bombing.
[01:30:03.000 --> 01:30:07.320]  Reason number 10. What is on the surveillance tapes? There were many video surveillance cameras
[01:30:07.320 --> 01:30:10.840]  that recorded the morning of the bombing. Yet the few of these that had been released do not show
[01:30:10.840 --> 01:30:14.600]  what transpired with the rider truck at the Murrow Building. Most recently, the government has
[01:30:14.600 --> 01:30:17.800]  claimed that all of the cameras that were in different buildings and maintained by different
[01:30:17.800 --> 01:30:23.080]  businesses were all having their tapes changed at the exact same time, 9.02 a.m. This is insulting
[01:30:23.080 --> 01:30:26.760]  to the memory of those who perished in the bombing. What is being hidden from us? For more
[01:30:26.760 --> 01:30:33.160]  information, please go to okcbombietruth.com. The 10 Commandments are a cornerstone of Judaism,
[01:30:33.160 --> 01:30:37.800]  Islam, and Christianity. If you're an educated person, you should probably know them regardless
[01:30:37.800 --> 01:30:42.280]  of your religion. I'm Dr. Catherine Albrecht, and I'll be right back with a tip to help you remember
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[01:31:15.400 --> 01:31:22.120]  Commandment is about a four-letter word, W-O-R-K, work. The Bible says, remember the Sabbath
[01:31:22.120 --> 01:31:27.320]  day by keeping it holy. Six days you shall labor and do all your work, but the seventh day is a
[01:31:27.320 --> 01:31:32.840]  Sabbath to the Lord your God. On it you shall not do any work, neither you nor your son or daughter,
[01:31:32.840 --> 01:31:38.280]  nor your male or female servant, nor your animals, nor any foreigner residing in your towns.
[01:31:38.280 --> 01:31:43.400]  The 10 Commandments have probably inspired more commitment and controversy than any other moral
[01:31:43.400 --> 01:31:47.960]  code. The next time they come up in conversation, you'll remember the fourth Commandment is about
[01:31:47.960 --> 01:31:53.560]  that four-letter word, work, and when to take a break from it. I'm Dr. Catherine Albrecht.
[01:31:53.560 --> 01:32:15.720]  More news and information at CatherineAlbrecht.com.
[01:32:15.720 --> 01:32:26.680]  Okay, we're back and we'll get to you, Jim Craig,
[01:32:26.680 --> 01:32:33.960]  Egloradium, Dr. Marshall of Oregon, and we've been out with you talking about the collateral
[01:32:33.960 --> 01:32:41.720]  estoppel. There are a number of types of estoppel. You've got promissory estoppel, equitable estoppel,
[01:32:41.720 --> 01:32:51.640]  statutory estoppel, and collateral. Collateral estoppel means that the court should not have
[01:32:51.640 --> 01:33:01.720]  to keep re-adjudicating the same issues. And Murray's specifically, because the only thing Murray's
[01:33:01.720 --> 01:33:07.960]  has to come into court with is their business model. And they've had that new business model
[01:33:07.960 --> 01:33:18.920]  shot down a number of times. So in this case, you can claim fraud because, okay, where I was
[01:33:18.920 --> 01:33:31.160]  going to go to earlier is the attorney himself. If they get past the no-answer default, then you
[01:33:31.160 --> 01:33:41.800]  need to file an amended plea and name the law firm who filed the original action. Because the law firm
[01:33:43.000 --> 01:33:52.200]  had a duty to know that Murray's was collaterally stopped from attempting this foreclosure.
[01:33:54.280 --> 01:33:59.960]  But they attempted the foreclosure anyway that made it a frivolous plea. And the attorney is
[01:33:59.960 --> 01:34:09.240]  responsible for the frivolous pleading. So you sued the attorney. And the attorney will have to
[01:34:09.240 --> 01:34:18.040]  answer the lawsuit himself. It's not billable time. These attorneys, they can't find attorneys to
[01:34:18.040 --> 01:34:26.120]  take your side of the case because the banks pay more money. Okay, you want to play in the banks
[01:34:26.120 --> 01:34:35.880]  pool? We'll see if we can't raise the water temperature a little bit. You file a suit against
[01:34:35.880 --> 01:34:42.920]  the attorney, and that'll go to his malpractice insurance. We file a bar grievance against the
[01:34:42.920 --> 01:34:48.440]  attorney. That'll double his malpractice insurance between the bar grievance and the suit. A good
[01:34:48.440 --> 01:34:55.320]  chance they'd get it canceled. They'll have to cover the suit. But next year, they may have to open
[01:34:55.320 --> 01:35:01.880]  a new law firm because they can't afford to buy malpractice insurance on this one. Then you ask
[01:35:01.880 --> 01:35:07.720]  the court for sanctions, which you won't get, but you get to get it on the record as an issue for
[01:35:07.720 --> 01:35:17.800]  appeal. So anybody who's in one of these issues, look at your opponent. And with all of these banks,
[01:35:17.800 --> 01:35:25.720]  they're in court a lot. If you can find a similar case that has where the court has ruled against
[01:35:25.720 --> 01:35:33.240]  them, then you come in with a claim of collateral estoppel. That will jerk a knot in their shorts.
[01:35:33.240 --> 01:35:38.920]  Okay, do you have anything else for us, Marshall? Yes, one other question on a different case.
[01:35:38.920 --> 01:35:47.320]  A couple I am interested in maybe helping had a property foreclosed on. It's done. It hadn't
[01:35:47.320 --> 01:35:54.040]  gone into a third party. It's still in the name of the bank, but it was a MERS case, and it was an
[01:35:54.040 --> 01:36:00.680]  improper foreclosure, you know, the basic MERS problem name. Now, in this case, though, only of
[01:36:00.680 --> 01:36:09.080]  the couple, only one name was on the original deed and loan, and it's not, and it's the other person
[01:36:09.080 --> 01:36:15.960]  not on the paperwork that's the go-getter and has the wherewithal to pursue. If they did
[01:36:17.160 --> 01:36:22.680]  trial suit against an unlawful foreclosure and so on, will they have an issue or a problem
[01:36:22.680 --> 01:36:30.680]  in terms of actual presentation in court? Yes, they will. All they have to do is
[01:36:30.680 --> 01:36:37.160]  quit claim the deed to the other person. In this case, though, is there a deed,
[01:36:37.160 --> 01:36:42.840]  the quit claim, since it's been foreclosed on and is in the name of the other bank party
[01:36:42.840 --> 01:36:52.760]  and the unlawful foreclosure? What a quit claim is, is you quit your claim and you assign your claim
[01:36:52.760 --> 01:37:00.760]  to someone else. It has nothing to do with the deed itself. It has to do with this person has
[01:37:00.760 --> 01:37:07.960]  a claim on the property, and they quit that claim and assign it to someone else. It's not quick,
[01:37:07.960 --> 01:37:15.640]  it's quit claim. Understand. Okay, and that is a pretty easy process. You can do that without
[01:37:15.640 --> 01:37:23.000]  changing title or anything, and that will give the other person standing. Okay, great. That
[01:37:23.000 --> 01:37:28.040]  sounds pretty simple. That's all I had tonight. Appreciate it, Randy. You're awesome as usual.
[01:37:28.040 --> 01:37:34.520]  Thank you again, all of you, as well as Deborah and Eddie, too. Thank you. Okay, thank you very
[01:37:34.520 --> 01:37:43.720]  much. Now we're going to go to Darren in California. Darren, what do you have for us tonight?
[01:37:44.520 --> 01:37:47.960]  Hey, Randy, how are you doing? This is Darren. We've talked several times.
[01:37:48.840 --> 01:37:54.440]  Hey, I wanted to confirm with you. We've talked several times. You've mentioned,
[01:37:54.440 --> 01:37:59.880]  and I've heard you mention a lot, about agency. And where is that? Is that in the
[01:37:59.880 --> 01:38:10.760]  fair debt practice? No. No, you won't find that in any of that. That is a maximum. That is a
[01:38:10.760 --> 01:38:18.200]  very well adjudicated issue. If you will send me an email asking for my agency folder, I'll
[01:38:18.200 --> 01:38:26.440]  send you my agency folder. The last, the loss, the primary lawsuit we do now, the first one,
[01:38:26.440 --> 01:38:34.360]  is a standing suit. And in that one, I have a very large section on agency.
[01:38:36.040 --> 01:38:41.720]  Agency cannot be proven out of the mouth of the agent. It must be proven out of the
[01:38:41.720 --> 01:38:48.840]  mouth of the principal. And when you go for agency, the problem they have is,
[01:38:48.840 --> 01:39:00.520]  my favorite one was the one we did in Minnesota. We sued the law firm making the claim to foreclose.
[01:39:01.560 --> 01:39:07.800]  And oh, they got real excited, really fast. They're, wait a minute, you shouldn't be suing us,
[01:39:07.800 --> 01:39:14.040]  you should be suing our client. And we said, wait a minute, we don't know anything about your client.
[01:39:14.040 --> 01:39:21.480]  But we only know that you sent us this threat letter and you're the one taking this action against
[01:39:21.480 --> 01:39:27.800]  us. We don't know anything about a client. If we have a claim against your client, you might want
[01:39:27.800 --> 01:39:36.600]  to tell us what those claims are and we'll be glad to sue the crap out of them. What the,
[01:39:36.600 --> 01:39:45.720]  what was clear in their pleading from the way they wrote it was that they were thinking, what if Wells
[01:39:45.720 --> 01:39:55.800]  Fargo cannot prove that they are in fact the proper principal? Wells Fargo would have to
[01:39:55.800 --> 01:40:03.080]  prove up that they are the holder of the note. If they can't do that, we haven't sued Wells Fargo.
[01:40:03.080 --> 01:40:13.240]  We've sued this person who bought Wells Fargo's story and took an action based on what Wells Fargo
[01:40:13.240 --> 01:40:20.200]  told them. So, you know, they're thinking, my client has put me in a position to where
[01:40:21.000 --> 01:40:27.400]  if my client can't prove up his ownership, I'm the one that's going to get reamed here
[01:40:27.400 --> 01:40:35.800]  because they didn't sue my client, they sued me. So, what we're suggesting is the first thing you
[01:40:35.800 --> 01:40:48.120]  do is go to agency. You claim to be the agent for a principal. Prove it. First thing you,
[01:40:49.720 --> 01:40:54.680]  first thing you have to do is prove that that principal is a proper holder.
[01:40:54.680 --> 01:41:03.560]  There's only one way to do that. A complete chain of holdership of the security instrument
[01:41:05.240 --> 01:41:12.360]  along with a complete chain of holdership of the meme document showing that
[01:41:13.560 --> 01:41:20.200]  both of them have always moved together. Now, one argument you get or one issue you'll get back
[01:41:20.200 --> 01:41:29.400]  from the courts is they will say that the promissory note follows the mortgage, mortgage or deed of
[01:41:29.400 --> 01:41:35.720]  trust, whatever they call it in particular state. And we will say absolutely, you are absolutely
[01:41:35.720 --> 01:41:43.880]  right. It is intended that the security instrument follow the deed of trust. However, in this case,
[01:41:43.880 --> 01:41:55.240]  it was the lender who took the action to separate the two as immediately after
[01:41:55.240 --> 01:42:02.840]  consummation of the note, the lender separated the security instrument from the meme document by
[01:42:02.840 --> 01:42:10.680]  selling the security instrument to one entity or assigning the security instrument to one entity
[01:42:10.680 --> 01:42:18.520]  and assigning the meme document to another entity. So in this case, the security instrument does not
[01:42:18.520 --> 01:42:24.760]  follow the deed of trust as it was intended and as it had always been for the last couple hundred
[01:42:24.760 --> 01:42:31.160]  years. In the late 90s, they come up with this great deal of securitizing the note
[01:42:31.160 --> 01:42:42.040]  and the lender himself separated these two without the client's knowledge or permission.
[01:42:44.600 --> 01:42:49.080]  While the lender has the authority to sell the security instrument,
[01:42:52.120 --> 01:42:58.920]  that does not necessarily include separating the security instrument from the meme document
[01:42:58.920 --> 01:43:10.440]  because that has the effect of defrauding the borrower. In that, the borrower's only purpose in
[01:43:10.440 --> 01:43:19.560]  entering into the loan agreement was so that at consummation at completion of the contract,
[01:43:20.360 --> 01:43:27.720]  they could receive quiet title. But because the lender separated these two and then sold
[01:43:27.720 --> 01:43:33.960]  the security instrument in a way such that the true holder of the security instrument cannot
[01:43:33.960 --> 01:43:41.320]  be accurately determined, they violated the contract. Hang on, Darren. This is Randy Calton,
[01:43:41.320 --> 01:43:50.760]  David Steele, David Craig, Will Lowadio. Our call in number is 512-646-1984. We'll be right back
[01:43:50.760 --> 01:43:55.080]  with that. Darren from California and then we're going to go to Grant. I know Grant's got something
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[01:46:25.160 --> 01:46:32.600]  Okay, you're back. I'm going to get a quick radio. I'm talking to Aaron in California,
[01:46:32.600 --> 01:46:39.240]  and we're talking about agents. While we're on the break, I pulled up my agency folder.
[01:46:40.440 --> 01:46:48.760]  Let me walk through a few quick excerpts from some agency cases where there is no evidence,
[01:46:48.760 --> 01:46:56.200]  however, that a principal authorized someone to act as its agent. Agency cannot be proven by
[01:46:56.200 --> 01:47:03.080]  declarations of the alleged agent, TNR Custom Inc., the Liberty Mutual Insurance.
[01:47:05.800 --> 01:47:10.920]  Because there is no evidence in the record of Hilliard's agency other than the hearsay itself,
[01:47:10.920 --> 01:47:19.160]  the evidence was properly excluded. It is fundamental that agency cannot be proven by the
[01:47:19.160 --> 01:47:26.840]  declaration of the agent, Lavalier v. Nugent. The first one was a Georgia case. This was an Iowa
[01:47:26.840 --> 01:47:32.920]  case. Arizona law provides that agency cannot be proven by the acts of declarations of the
[01:47:32.920 --> 01:47:43.080]  purported agent. Instead, realtor must prove affirmatively the authority of Mr. Anderton
[01:47:43.080 --> 01:47:49.560]  to accept service on behalf of Dr. Levitt by either showing direct authority or implied authority.
[01:47:50.840 --> 01:47:57.480]  Looking first to the concept of apparent authority, it is axiomatic that such authority
[01:47:57.480 --> 01:48:05.080]  exists only where there is a manifestation by the principal to a third party, which causes the
[01:48:05.080 --> 01:48:11.080]  third party reasonably to believe that the particular person with whom the third party is
[01:48:11.080 --> 01:48:18.360]  dealing has the authority to enter into negotiations or make representations on behalf of the principal.
[01:48:18.360 --> 01:48:33.880]  Now, this goes to an issue of implied agency. An attorney gives the impression that the
[01:48:33.880 --> 01:48:41.480]  agent can presume his agency because of his relationship. An attorney is not quite so open,
[01:48:41.480 --> 01:48:57.320]  especially in the matter of a foreclosure. The attorney has a bank or a mortgage company
[01:48:57.320 --> 01:49:03.880]  come to him and say, I want to hire you to foreclose on this property, that we hold a note
[01:49:03.880 --> 01:49:09.480]  and their client is behind on their payments and blah, blah, blah. I want you to do this.
[01:49:09.480 --> 01:49:16.920]  Well, it's not enough for the attorney to accept the verbal assertions of their client.
[01:49:18.040 --> 01:49:25.720]  Before an attorney files a plea in a court, the attorney must test the veracity of the
[01:49:25.720 --> 01:49:33.080]  statements made by his client. He must determine for himself that they are accurate. He may not
[01:49:33.080 --> 01:49:41.080]  rely on his client. He's held a higher standard than say someone who's driving a truck for a
[01:49:41.080 --> 01:49:49.880]  trucking company or operating a backhoe for someone. He's an agent for the owner of the company.
[01:49:53.480 --> 01:49:57.800]  Is that cover agency?
[01:49:57.800 --> 01:50:04.760]  Yes. I'll send you an email and you can send me that. The one question I ask here in California
[01:50:04.760 --> 01:50:12.760]  where it's non-judicial, the only attorneys to actually get involved in the case are the
[01:50:12.760 --> 01:50:17.800]  unlawful detainer attorneys when they're trying to evict you. Is that the attorneys who you would
[01:50:17.800 --> 01:50:28.840]  go after? Absolutely. You go straight for him and a suggestion for unlawful detainer is the
[01:50:28.840 --> 01:50:35.720]  plea in abatement. So can you use the agency argument in the unlawful detainer itself?
[01:50:37.080 --> 01:50:42.680]  Yes. In the plea in abatement you say, you know, we've tried to challenge subject
[01:50:42.680 --> 01:50:49.080]  manager jurisdiction claiming that the agent has not proven up agency to act for the principle
[01:50:49.080 --> 01:50:57.480]  because the principle hasn't proved upstanding to act against the property. And judges are
[01:50:57.480 --> 01:51:03.320]  reluctant to throw the thing out for, you know, dismiss the whole thing. And that's what subject
[01:51:03.320 --> 01:51:10.520]  manager jurisdiction asks them to do. Instead, go in and say, you challenge the agency by saying
[01:51:10.520 --> 01:51:19.240]  the agent has failed to prove up agency to act for the principle and the principle has failed
[01:51:19.240 --> 01:51:25.080]  to prove upstanding. Therefore, they're unable to invoke subject manager jurisdiction in the court
[01:51:25.080 --> 01:51:35.240]  and move this court to abate the proceedings until such time as the plaintiff meets the requirements
[01:51:35.240 --> 01:51:41.720]  of agency and standing. Now, that doesn't ask the court to throw the case out.
[01:51:43.320 --> 01:51:51.560]  It just asks them to hold on here and ask these guys to comply with law. If you fail to do that,
[01:51:52.440 --> 01:51:58.840]  any action you take is likely to be turned over later. And the action of forcing me out of the
[01:51:58.840 --> 01:52:05.080]  property when they haven't complied with law will create a harm that cannot be undone.
[01:52:08.040 --> 01:52:14.360]  So, do just a search for plea and abatement, California.
[01:52:15.800 --> 01:52:21.080]  Okay, okay. All right, good deal. Thanks a lot, Randy. I sure appreciate it.
[01:52:21.080 --> 01:52:30.360]  Oh, kiddo, you are welcome. If I can find the caller, I've got too many windows up.
[01:52:30.360 --> 01:52:38.200]  I'm losing track of where I'm at. Okay. Thank you. Now, we're going to go to Grant in Texas.
[01:52:39.240 --> 01:52:40.360]  Hey, Randy, how you doing?
[01:52:41.480 --> 01:52:44.440]  I am doing good. What are you into now?
[01:52:44.440 --> 01:52:49.960]  Before I start, well, it's a mistake. I'd just like to make one comment about the agency.
[01:52:49.960 --> 01:52:55.640]  One little trick I learned recently is that the law firm that's actually trying to do the eviction,
[01:52:56.280 --> 01:53:01.240]  you can check with the Secretary of State. And if they're claiming to be a corporation,
[01:53:01.880 --> 01:53:06.920]  you can check to see if they are in good standing with the Secretary of State
[01:53:07.560 --> 01:53:13.960]  and whether they found a registration in the county. So, that's one effective way of
[01:53:14.600 --> 01:53:18.920]  challenging agency because if they're not recognized by the state, then they can't even
[01:53:18.920 --> 01:53:25.240]  be an agent for anyone. That is an interesting tactic to take.
[01:53:26.040 --> 01:53:31.720]  Yeah. That's just one way. And what's great about that, you can have the document certified from
[01:53:31.720 --> 01:53:37.320]  the Secretary of State. So, it's not just theoretical, but you can actually prove or you can disprove
[01:53:37.320 --> 01:53:42.760]  their agency. So, anyway, that's just one little tactic. But what I wanted to mention is, on Monday,
[01:53:42.760 --> 01:53:50.920]  I have a hearing for, for example, an injunction. And right now, I'm operating under a 14-day
[01:53:50.920 --> 01:53:57.720]  restraining order by the district court because I wasn't able to get supercedious bond I was trying
[01:53:57.720 --> 01:54:07.000]  for. The judge set it for $15,000. So, that was going to tell me to state this.
[01:54:07.000 --> 01:54:14.200]  Okay. You might be able to get, okay, he said it as a cash bond?
[01:54:14.200 --> 01:54:22.200]  Yes. $15,000 cash bond. And I requested to do a surrogate. And I mentioned that the other side,
[01:54:23.560 --> 01:54:28.440]  they were actually, they actually did a surrogate bond when they lost in a field from Justice
[01:54:28.440 --> 01:54:33.880]  the County Court. But now, he wouldn't hear of it. I would have had to put up a $15,000
[01:54:33.880 --> 01:54:40.920]  cash bond within 24 hours. So, I didn't think it was, I mean, that wasn't really an option.
[01:54:41.800 --> 01:54:45.880]  So, if you get the TRO report... Appeals are really...
[01:54:45.880 --> 01:54:52.280]  Well, yes, that's what I plan to do. But I wanted to see what your experience was or
[01:54:53.160 --> 01:54:56.200]  what your opinion was on this temporary hearing for an injunction
[01:54:57.880 --> 01:55:02.680]  with your recommendations are because I have that on Monday. I have certified records of
[01:55:02.680 --> 01:55:08.600]  everything from the county, certified records from the Secretary of State. I even got a letter
[01:55:08.600 --> 01:55:13.560]  from the comptroller. So, I'm prepared, but it's just one of those things that,
[01:55:14.280 --> 01:55:23.720]  you know, I don't know... Okay, hold on, this is... Okay, tell me exactly what your position is.
[01:55:24.360 --> 01:55:31.320]  Okay. So, I'm under a 14-day restraining order. And that 14-day restraining order
[01:55:31.320 --> 01:55:38.600]  is stopping the execution of the writ of possession. So, a writ of possession, not just the judgment
[01:55:38.600 --> 01:55:43.880]  by the county judge, but there's actually been a writ issued and a constable is actually going
[01:55:43.880 --> 01:55:50.920]  to the property and put the little red notice. So, I came within 24 hours and I got the TRO
[01:55:50.920 --> 01:55:57.000]  that stopped all of that. But if I don't... Okay, are you in the state court or the federal?
[01:55:57.000 --> 01:56:09.560]  I'm in the state district court. Have you challenged agency of the law firm making the claim?
[01:56:11.240 --> 01:56:18.280]  I challenged the... Yes, to some extent I did, because when we had the forcible detainer trial,
[01:56:19.080 --> 01:56:22.200]  there was an attorney that showed up that was not the attorney of record.
[01:56:22.200 --> 01:56:28.200]  And he didn't sign into pleadings. He's not associated with the law firm. And the judge
[01:56:28.200 --> 01:56:37.320]  just overrode. But I did object to it. So... And that might be a good issue for petition
[01:56:37.320 --> 01:56:44.360]  for writ of mandamus. But if it's clear under law that the attorney had no
[01:56:44.360 --> 01:56:53.400]  standing to or no agency to represent the principle, then the principle was not represented.
[01:56:54.920 --> 01:56:59.560]  And asked for a mandamus from the court of appeals.
[01:57:01.560 --> 01:57:07.320]  And what would I ask that court to do? And move for a stay of proceedings. A stay of
[01:57:07.320 --> 01:57:15.000]  proceedings is pretty standard when you ask for mandamus. You have to show that there's no
[01:57:15.000 --> 01:57:24.520]  adequate remedy at appeal. And that's easy enough to do because you will be evicted from the property.
[01:57:25.240 --> 01:57:30.120]  And that's not something that can be undone. Right. Well, that's a great idea in case I don't
[01:57:30.120 --> 01:57:39.320]  win the injunction. Now, if I win the temporary injunction, then my understanding is that judgment
[01:57:39.320 --> 01:57:47.240]  will be stayed pending a full trial. Is that right? Wait. What is the nature of the injunction
[01:57:47.240 --> 01:57:54.520]  you're asking for? So, I did a... It was a petition to remove cloud and quiet title.
[01:57:54.520 --> 01:58:00.040]  And then I also did an application for a restraining order. So, the injunction is to
[01:58:00.040 --> 01:58:06.040]  stay the judgment from the county court until there's a trial held on my petition.
[01:58:07.560 --> 01:58:13.800]  Okay. Yeah. If they don't give that to you, then absolutely, I would go for a petition for writ
[01:58:13.800 --> 01:58:22.280]  of mandamus. Okay. Call me tomorrow if you have time. Okay. Okay. We'll do. I want to talk to you
[01:58:22.280 --> 01:58:29.000]  anyway. Okay. Excellent. Thanks, Randy. Okay. This is Randy Calhoun, Debra Stephens, Eddie Craig,
[01:58:29.000 --> 01:58:33.880]  River Rail Radio. We're about to go to break. When we come back on the other side, we're going to go
[01:58:33.880 --> 01:58:40.600]  to Eddie. He's got some sage advice for us. He's going to tell us how the cow ate the cabbage.
[01:58:42.040 --> 01:58:48.280]  Our calling number is 502-646-1984. Caller board's open. So, give us a call.
[01:58:48.280 --> 01:58:56.200]  And see how the hardest, pull up your hardest questions for Eddie. He needs it. We'll be right back.
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