ROL_2012-03-02_16k_Hr1-2.timecode

[00:00.000 --> 00:04.760]  This news brief brought to you by the International Newsnet.
[00:04.760 --> 00:10.720]  Israel is to test an advanced anti-ballistic missile system in the coming weeks, fueling
[00:10.720 --> 00:15.840]  speculation about preparations for a military confrontation with Iran.
[00:15.840 --> 00:21.000]  The announcement that the first test of the Arrow 3 interceptor system would be performed
[00:21.000 --> 00:26.440]  was made as Israeli Prime Minister Benjamin Netanyahu flew to Washington for a crucial
[00:26.440 --> 00:31.840]  meeting with Barack Obama, at which he is expected to press for a U.S. commitment to
[00:31.840 --> 00:34.880]  military action.
[00:34.880 --> 00:40.120]  Despite claims by Keystone XL supporters, experts say the Tarsan's pipeline will not
[00:40.120 --> 00:43.080]  bring down prices at U.S. gas pumps.
[00:43.080 --> 00:47.440]  The proposed pipeline, which would run from Canada to Texas, wouldn't be built until
[00:47.440 --> 00:51.880]  2014 and at the most would reduce prices by pennies.
[00:51.880 --> 00:56.000]  The U.S. is currently a net exporter of oil.
[00:56.000 --> 01:01.680]  A new report in the British Medical Journal has found anti-psychotic drugs are responsible
[01:01.680 --> 01:06.680]  for killing at least 1,800 dementia patients a year.
[01:06.680 --> 01:11.720]  Researchers from Harvard Medical School tracked more than 75,000 dementia patients living
[01:11.720 --> 01:17.200]  in nursing homes that were prescribed anti-psychotic drugs.
[01:17.200 --> 01:22.200]  Japan's Meteorological Research Institute said Wednesday 40,000 trillion becquerels
[01:22.200 --> 01:27.040]  of radioactive cesium, or twice the amount previously thought, may have spewed from the
[01:27.040 --> 01:30.320]  crippled Fukushima No. 1 reactor.
[01:30.320 --> 01:34.960]  Scientists believe around 30 percent of radioactive particles discharged during the crisis ended
[01:34.960 --> 01:38.280]  up on land while the rest fell in the sea.
[01:38.280 --> 01:43.480]  Meanwhile, measurements taken by the U.S. Geological Survey in Bennington, Vermont showed traces
[01:43.480 --> 01:48.400]  of radiological materials produced by explosions at Fukushima.
[01:48.400 --> 01:53.160]  Researchers estimated it took just 18 days for radioactive particles from Fukushima to
[01:53.160 --> 01:56.600]  circle the Earth.
[01:56.600 --> 02:02.000]  Billionaire Aubrey McLendon, CEO of Chesapeake Energy, the nation's second largest producer
[02:02.000 --> 02:07.760]  of natural gas, says he sees nothing wrong with the controversial extraction process
[02:07.760 --> 02:09.760]  known as fracking.
[02:09.760 --> 02:14.720]  Fracking has been linked to water, soil, and air contamination that has led to sickness
[02:14.720 --> 02:18.760]  and even death of those living near drilling sites.
[02:18.760 --> 02:22.960]  McLendon pointed out, quote, we frack all the time, what's the big deal?
[02:22.960 --> 02:28.280]  Rolling Stone writer Jeff Godell noted, quote, fracking is about producing cheap energy the
[02:28.280 --> 02:33.640]  same way the mortgage crisis was about helping realize the dreams of middle-class homeowners.
[02:33.640 --> 02:38.440]  Godell went on, for Chesapeake, the primary profit in fracking comes not from selling the
[02:38.440 --> 02:43.560]  gas itself, but from buying and flipping the land that contains the gas, adding McLendon
[02:43.560 --> 02:49.480]  has financed this land grab with junk bonds, complex partnerships, and future production
[02:49.480 --> 03:14.480]  deals, creating a highly leveraged, deeply embedded company.
[03:19.480 --> 03:45.480]  And that's what we're going to do, we're going to do, we're going to do, we're going to do
[03:45.480 --> 03:52.480]  when they come for you, bad boys, bad boys, what you're going to do, what you're going
[03:52.480 --> 03:56.480]  to do when they come for you, when you were eight and you had bad dreams, you go to school
[03:56.480 --> 04:01.480]  and learn to go and learn to lose, so why are you acting like a fluffy fool, if you get
[04:01.480 --> 04:26.480]  hot, then you must get cool, bad boys, bad boys, bad boys, bad boys, bad boys, bad boys,
[04:26.480 --> 04:32.480]  bad boys, bad boys.
[04:32.480 --> 04:36.480]  on a regular basis. Try not to grit your teeth and cringe too much.
[04:36.480 --> 04:40.480]  Randy, how are you doing this evening?
[04:40.480 --> 04:44.480]  I'm doing real good.
[04:44.480 --> 04:48.480]  I've been doing a lot of research
[04:48.480 --> 04:52.480]  on the real estate
[04:52.480 --> 04:56.480]  of course, but very specifically
[04:56.480 --> 05:00.480]  on the process that
[05:00.480 --> 05:04.480]  the bank goes through when they
[05:04.480 --> 05:08.480]  sells a note. And I will very soon
[05:08.480 --> 05:12.480]  be putting together a set of pages
[05:12.480 --> 05:16.480]  to explain these processes in detail.
[05:16.480 --> 05:20.480]  We've talked to a lot of guys who do
[05:20.480 --> 05:24.480]  securities audits. But what they tend to do
[05:24.480 --> 05:28.480]  is go into Edgar
[05:28.480 --> 05:32.480]  or a Bloomberg terminal and they use a Bloomberg terminal action to get into Edgar.
[05:32.480 --> 05:36.480]  Edgar is the SEC computer system.
[05:36.480 --> 05:40.480]  And they go into Edgar
[05:40.480 --> 05:44.480]  and they pull out a whole bunch of information
[05:44.480 --> 05:48.480]  because they can find a whole bunch of information.
[05:48.480 --> 05:52.480]  And they give us a bunch of junk that I really don't need.
[05:52.480 --> 05:56.480]  So what I need are
[05:56.480 --> 06:00.480]  pieces of information that we can use
[06:00.480 --> 06:04.480]  as causes of action.
[06:04.480 --> 06:08.480]  We'll use as facts in support of a cause of action.
[06:08.480 --> 06:12.480]  So I've been doing some research on how
[06:12.480 --> 06:16.480]  the system works. And I'll try
[06:16.480 --> 06:20.480]  not to bore everybody to death because this is going to get a little bit complex.
[06:20.480 --> 06:24.480]  And somewhat convoluted,
[06:24.480 --> 06:28.480]  but I'm going to try to make this make sense.
[06:28.480 --> 06:32.480]  When the
[06:32.480 --> 06:36.480]  lender does the loan, oh wait, let me back up just a little bit. Eddie, did you have
[06:36.480 --> 06:40.480]  something you wanted to address first?
[06:40.480 --> 06:44.480]  I think I've already put Eddie to sleep.
[06:44.480 --> 06:48.480]  So I guess he hasn't. I said no, I don't have anything specific.
[06:48.480 --> 06:52.480]  At this time, please continue. Okay.
[06:52.480 --> 06:56.480]  When you enter into a loan
[06:56.480 --> 07:00.480]  agreement, the lender
[07:00.480 --> 07:04.480]  will almost immediately sell you note.
[07:04.480 --> 07:08.480]  I mean, and it goes into
[07:08.480 --> 07:12.480]  a mortgage-backed security.
[07:12.480 --> 07:16.480]  And I've been doing this quite a while trying to sort out
[07:16.480 --> 07:20.480]  how all of this works. And it's taken
[07:20.480 --> 07:24.480]  a bit because it's convoluted.
[07:24.480 --> 07:28.480]  It appears as though
[07:28.480 --> 07:32.480]  the lenders
[07:32.480 --> 07:36.480]  have, okay, the
[07:36.480 --> 07:40.480]  special-purpose vehicle. You get a bunch of guys to get together.
[07:40.480 --> 07:44.480]  And they pool together a bunch of investment money
[07:44.480 --> 07:48.480]  from a bunch of banks. And then
[07:48.480 --> 07:52.480]  they use that money, they tend to use that money
[07:52.480 --> 07:56.480]  to purchase notes. Well,
[07:56.480 --> 08:00.480]  they need notes all of a similar
[08:00.480 --> 08:04.480]  type. And so what they tend to do
[08:04.480 --> 08:08.480]  is set up their own mortgage companies. You ever notice
[08:08.480 --> 08:12.480]  that mortgage companies tend to go bankrupt a lot?
[08:12.480 --> 08:16.480]  During this time, when the mortgage companies
[08:16.480 --> 08:20.480]  are producing all of these predatory and highly
[08:20.480 --> 08:24.480]  profitable loans, as fast as they could crank them out, they
[08:24.480 --> 08:28.480]  wind up going bankrupt. They ever wondered why?
[08:28.480 --> 08:32.480]  Well, what it appears to have been going on
[08:32.480 --> 08:36.480]  is that the special-purpose vehicle
[08:36.480 --> 08:40.480]  set up the mortgage company. And the
[08:40.480 --> 08:44.480]  mortgage company never had any monetary backing. And every
[08:44.480 --> 08:48.480]  time the mortgage company would find a lender, then the
[08:48.480 --> 08:52.480]  special-purpose vehicle would fund the note. So you thought
[08:52.480 --> 08:56.480]  you were getting a loan from the mortgage company when in fact you were getting a loan
[08:56.480 --> 09:00.480]  from the special-purpose vehicle. Well,
[09:00.480 --> 09:04.480]  once the loan was created,
[09:04.480 --> 09:08.480]  immediately the mortgage company would sell
[09:08.480 --> 09:12.480]  the note, at least on paper, to the
[09:12.480 --> 09:16.480]  special-purpose vehicle. But in fact,
[09:16.480 --> 09:20.480]  the special-purpose vehicle already owned it because
[09:20.480 --> 09:24.480]  they owned both companies.
[09:24.480 --> 09:28.480]  When you transfer the note, it's not
[09:28.480 --> 09:32.480]  called an assignment, it's called a negotiation.
[09:32.480 --> 09:36.480]  They negotiated the security instrument
[09:36.480 --> 09:40.480]  to the special-purpose vehicle.
[09:40.480 --> 09:44.480]  But they sold it to them at a large
[09:44.480 --> 09:48.480]  discount. That's also a large
[09:48.480 --> 09:52.480]  discount that the mortgage company
[09:52.480 --> 09:56.480]  loses money on every note.
[09:56.480 --> 10:00.480]  They write these highly profitable notes based on
[10:00.480 --> 10:04.480]  predatory lending practices. And then they sell them
[10:04.480 --> 10:08.480]  to the special-purpose vehicle at
[10:08.480 --> 10:12.480]  a steep discount. And that way they're able
[10:12.480 --> 10:16.480]  to write off the profits they would make on this note as
[10:16.480 --> 10:20.480]  loss. And they get to do that right on the front end. So the special-purpose vehicle
[10:20.480 --> 10:24.480]  gets the note at a
[10:24.480 --> 10:28.480]  really economical cost. They don't have to pay taxes
[10:28.480 --> 10:32.480]  on all this money that the mortgage company
[10:32.480 --> 10:36.480]  wrote off. So they take a profitable loan
[10:36.480 --> 10:40.480]  and turn it into a much more profitable loan.
[10:40.480 --> 10:44.480]  But it seems as though they set up these mortgage companies with the intention
[10:44.480 --> 10:48.480]  that they fail. And as a result,
[10:48.480 --> 10:52.480]  they didn't seem to exercise a lot of
[10:52.480 --> 10:56.480]  care to ensure that the mortgage companies did everything correctly.
[10:56.480 --> 11:00.480]  And as a result, they did not.
[11:00.480 --> 11:04.480]  So when the mortgage company
[11:04.480 --> 11:08.480]  negotiates the security instrument
[11:08.480 --> 11:12.480]  to the special-purpose vehicle,
[11:12.480 --> 11:16.480]  they are required by
[11:16.480 --> 11:20.480]  27 CFR 2605
[11:20.480 --> 11:24.480]  to give notice to the
[11:24.480 --> 11:28.480]  borrower of the change in holdership.
[11:28.480 --> 11:32.480]  And at the same time
[11:32.480 --> 11:36.480]  at most of the time, you'll get a new
[11:36.480 --> 11:40.480]  servicer, not all the time. But if you don't get a new servicer,
[11:40.480 --> 11:44.480]  then the mortgage company becomes the servicer.
[11:44.480 --> 11:48.480]  Now the courts expect and have ruled
[11:48.480 --> 11:52.480]  consistently that the note and the security
[11:52.480 --> 11:56.480]  instrument, the mortgage or deed of trust, whatever it's called in your state,
[11:56.480 --> 12:00.480]  will follow the note.
[12:00.480 --> 12:04.480]  Not the other way around. And they've ruled consistently
[12:04.480 --> 12:08.480]  that it is the note that carries
[12:08.480 --> 12:12.480]  the deed of trust with it. And the deed of trust
[12:12.480 --> 12:16.480]  being assigned on its own is a nullity.
[12:16.480 --> 12:20.480]  But the
[12:20.480 --> 12:24.480]  special-purpose vehicle doesn't want
[12:24.480 --> 12:28.480]  to have to report every change in beneficial
[12:28.480 --> 12:32.480]  interest in the real estate mortgage
[12:32.480 --> 12:36.480]  back security with the
[12:36.480 --> 12:40.480]  county registrar's office. So they set up this
[12:40.480 --> 12:44.480]  convoluted program.
[12:44.480 --> 12:48.480]  The banks got together and put together MERS, Mortgage Electronic
[12:48.480 --> 12:52.480]  Registration Service. And the
[12:52.480 --> 12:56.480]  mortgage company on the security instrument
[12:56.480 --> 13:00.480]  would assign MERS as the nominee.
[13:00.480 --> 13:04.480]  And I finally did some research on what nominee means.
[13:04.480 --> 13:08.480]  In this case, it means agent.
[13:08.480 --> 13:12.480]  And that is all it means.
[13:12.480 --> 13:16.480]  Now, it appears as though the banks come up with
[13:16.480 --> 13:20.480]  a, they use this term,
[13:20.480 --> 13:24.480]  nominee as agents is a bit of
[13:24.480 --> 13:28.480]  the adjustment of the meaning of nominee.
[13:28.480 --> 13:32.480]  A nominee is someone who is
[13:32.480 --> 13:36.480]  recommended for a position like someone who's nominated
[13:36.480 --> 13:40.480]  to run for office. So they
[13:40.480 --> 13:44.480]  kind of adjusted the meaning of the term to add it to mean
[13:44.480 --> 13:48.480]  also someone who acts as an agent
[13:48.480 --> 13:52.480]  for a principal.
[13:52.480 --> 13:56.480]  Hey, I'm getting a bunch of feedback
[13:56.480 --> 14:00.480]  background noise.
[14:00.480 --> 14:04.480]  So lost my place.
[14:04.480 --> 14:08.480]  Okay, they would
[14:08.480 --> 14:12.480]  hey, when I lose my place.
[14:12.480 --> 14:16.480]  Okay, they transferred the note
[14:16.480 --> 14:20.480]  to the Special Purpose Vehicle
[14:20.480 --> 14:24.480]  and the security instrument.
[14:24.480 --> 14:28.480]  Oh, it's talking about nominees and, okay, the merits.
[14:28.480 --> 14:32.480]  Getting those sucks. Okay, I'm back where I was.
[14:32.480 --> 14:36.480]  They assigned MERS as the nominee.
[14:36.480 --> 14:40.480]  And what they tried to use that for was so
[14:40.480 --> 14:44.480]  that MERS could stand as
[14:44.480 --> 14:48.480]  what they called the nominee. And they used nominee because if they said
[14:48.480 --> 14:52.480]  it was an agent, they'd know it was all nonsense.
[14:52.480 --> 14:56.480]  So they used nominee like it meant something else.
[14:56.480 --> 15:00.480]  That MERS could stand here and say, well,
[15:00.480 --> 15:04.480]  you know, we're holding this note.
[15:04.480 --> 15:08.480]  So somebody can go in behind us
[15:08.480 --> 15:12.480]  and trade this note all they want to and we don't have to report it.
[15:12.480 --> 15:16.480]  Well, the Landmark v. Kessler case out of
[15:16.480 --> 15:20.480]  that whole theory down saying, oh, absolutely, you cannot. You're simply an
[15:20.480 --> 15:24.480]  agent. Well, when they told the Supreme Court
[15:24.480 --> 15:28.480]  of Kansas that they were the nominee for the lender,
[15:28.480 --> 15:32.480]  Kansas Court said, what's a nominee? We don't recognize the term. Get out of
[15:32.480 --> 15:36.480]  my court. And it was appropriate they didn't recognize the term because
[15:36.480 --> 15:40.480]  it's a bogus term. They're really simply an agent.
[15:40.480 --> 15:44.480]  And as the agent, when MERS claimed they have
[15:44.480 --> 15:48.480]  the authority to transfer the lien document,
[15:48.480 --> 15:52.480]  they are right. They do.
[15:52.480 --> 15:56.480]  But once they have transferred it,
[15:56.480 --> 16:00.480]  then they have no more authority. They're out of here. And this is
[16:00.480 --> 16:04.480]  how it works. It is the lender
[16:04.480 --> 16:08.480]  who appoints MERS as their agent.
[16:08.480 --> 16:12.480]  And once the lender sells the
[16:12.480 --> 16:16.480]  negotiate the security instrument
[16:16.480 --> 16:20.480]  and then transfers
[16:20.480 --> 16:24.480]  the lien document to a servicer,
[16:24.480 --> 16:28.480]  then the
[16:28.480 --> 16:32.480]  mortgage company no longer has any claim on the note or any authority
[16:32.480 --> 16:36.480]  over the note. MERS loses its authority
[16:36.480 --> 16:40.480]  at the same time. So at that point, MERS is out of the picture.
[16:40.480 --> 16:44.480]  Okay, we'll pick this up on the other side. This is Randy Kelton.
[16:44.480 --> 16:48.480]  We'll be right back.
[17:00.480 --> 17:04.480]  America is in trouble. Washington is a disgrace. Government
[17:04.480 --> 17:08.480]  has become too big. It's overtaxing, overspending. We need to change
[17:08.480 --> 17:12.480]  the direction. We really need change. You can't afford to make the same mistakes we've made
[17:12.480 --> 17:16.480]  in the past. Mitt Romney's reputation is a flip-flopper. He went the other way
[17:16.480 --> 17:20.480]  when he got paid to go the other way. There is need for economic stimulus.
[17:20.480 --> 17:24.480]  It's about serial hypocrisy. This election is about trust. There's been one
[17:24.480 --> 17:28.480]  true consistent candidate. And that's Dr. Ron Paul. Ron Paul has been
[17:28.480 --> 17:32.480]  so consistent from the very beginning. He seems like a more honest candidate.
[17:32.480 --> 17:36.480]  He tells the truth about what he believes, whether you like it or not. He's never once voted
[17:36.480 --> 17:40.480]  for a tax increase. Never once voted for an unbalanced budget. Ron Paul's
[17:40.480 --> 17:44.480]  plan is bold. Cutting five departments is what we need. When he says
[17:44.480 --> 17:48.480]  he's going to cut a trillion dollars in the first year, I believe it. If you don't like
[17:48.480 --> 17:52.480]  how things are going and he's tired of politicians, he's something different.
[17:52.480 --> 17:56.480]  Ron Paul. Ron Paul. Ron Paul. Ron Paul. Is the one
[17:56.480 --> 18:00.480]  we've been looking for. I'm Ron Paul and I approve this message.
[18:00.480 --> 18:04.480]  Are you being harassed by debt collectors with phone calls, letters, or even
[18:04.480 --> 18:08.480]  lawsuits? Stop debt collectors now with the Michael Meares proven
[18:08.480 --> 18:12.480]  method. Michael Meares has won six cases in federal court against
[18:12.480 --> 18:16.480]  debt collectors and now you can win two. You'll get step-by-step instructions
[18:16.480 --> 18:20.480]  in plain English on how to win in court using federal civil rights
[18:20.480 --> 18:24.480]  statutes. What to do when contacted by phones, mail, or court summons.
[18:24.480 --> 18:28.480]  How to answer letters and phone calls. How to get debt collectors out of your credit
[18:28.480 --> 18:32.480]  reports. How to turn the financial tables on them and make them pay
[18:32.480 --> 18:36.480]  you to go away. The Michael Meares proven method is the
[18:36.480 --> 18:40.480]  solution for how to stop debt collectors. Personal consultation is
[18:40.480 --> 18:44.480]  available as well. For more information, please visit ruleoflawradio.com
[18:44.480 --> 18:48.480]  and click on the blue Michael Meares banner or email Michael Meares
[18:48.480 --> 18:52.480]  at yahoo.com. That's ruleoflawradio.com
[18:52.480 --> 18:56.480]  or email m-i-c-h-a-e-l-m-i-r-r-a-s
[18:56.480 --> 19:00.480]  at yahoo.com to learn how to stop debt collectors next.
[19:00.480 --> 19:07.480]  Music
[19:14.480 --> 19:19.480]  Music
[19:19.480 --> 19:24.480]  Music
[19:24.480 --> 19:29.480]  Music
[19:29.480 --> 19:51.480]  Okay, we're back, and we'll get right to the bar radio, and we'll toss it back out.
[19:51.480 --> 19:55.480]  Go ahead Ray, there's somebody that says, stop holding the turn down the board, I'm working on it.
[19:55.480 --> 20:03.480]  Okay, I was waiting for you. We can only wait about five seconds until the bumpy music kind of fades out.
[20:03.480 --> 20:08.480]  Jerry just wanted to sing on the air of the ham.
[20:08.480 --> 20:10.480]  Yeah, that's what it is.
[20:10.480 --> 20:18.480]  Now just FYI folks, sometimes I have an internet lag between me and what I'm trying to do to run the board,
[20:18.480 --> 20:25.480]  and so sometimes I get delays between what I'm doing on the board and when I actually try to do it from here,
[20:25.480 --> 20:30.480]  and that will sometimes confuse things because I'll be making the same button press multiple times.
[20:30.480 --> 20:40.480]  Okay, I think the real lag starts right at the inside of his left ear and kind of lags across to the other side.
[20:40.480 --> 20:43.480]  Sometimes that is the case.
[20:43.480 --> 20:55.480]  Okay, we were talking about MERS. When MERS is listed as the nominee on the security instrument,
[20:55.480 --> 21:03.480]  that's just an agent, someone who's authorized to act for, it's just like a power of attorney.
[21:03.480 --> 21:14.480]  They have power of attorney for the original lender, but once the original lender sells the or negotiates the security instrument
[21:14.480 --> 21:27.480]  and then MERS transfers the lien document to a servicer, then the original holder of the node is not the same entity anymore.
[21:27.480 --> 21:34.480]  And MERS has not been assigned as the nominee or agent for that entity,
[21:34.480 --> 21:45.480]  which will be the sponsor of the special purpose vehicle or the pool that they're putting together.
[21:45.480 --> 21:57.480]  So the node will negotiate to the sponsor, and I'm on a different scene, so I couldn't bring up my notes from the sponsor.
[21:57.480 --> 22:01.480]  It will negotiate to a third party.
[22:01.480 --> 22:08.480]  I believe they're called a negotiator, I mean aggregator, but there's also a couple other terms they're called.
[22:08.480 --> 22:15.480]  Then they will negotiate the note to the pool.
[22:15.480 --> 22:27.480]  So the note would change hands three times before it finally settles into the pool and the trust that is the pool.
[22:27.480 --> 22:34.480]  Well, each of those negotiations is like me giving you a check.
[22:34.480 --> 22:42.480]  And once I sign the check over to you, then you own the check, I don't.
[22:42.480 --> 22:48.480]  And then you take it and sign it over somebody else, and now they own it, you don't.
[22:48.480 --> 22:51.480]  That exact same thing is happening.
[22:51.480 --> 23:02.480]  So even if MERS was assigned as nominee for the original lender once they negotiate the note to the sponsor of the special purpose vehicle,
[23:02.480 --> 23:07.480]  then the lender no longer has any claim on the note.
[23:07.480 --> 23:12.480]  And a lot of you, if you look in your court into the kind of registrar's office,
[23:12.480 --> 23:29.480]  a lot of you will find a release of lien from the original lender and a notice in the records that the note has been paid off without recourse.
[23:29.480 --> 23:35.480]  So all they're doing is giving notice that they have received consideration.
[23:35.480 --> 23:38.480]  Now they've negotiated the note.
[23:38.480 --> 23:45.480]  And you notice I keep saying negotiating and not assigning because this is not assigning.
[23:45.480 --> 23:47.480]  We don't want to confuse the two.
[23:47.480 --> 23:52.480]  They negotiate the note, they assign the lien document.
[23:52.480 --> 23:58.480]  So they negotiate the note to the sponsor.
[23:58.480 --> 24:01.480]  Now the sponsor owns the note.
[24:01.480 --> 24:04.480]  MERS was the nominee for the original lender.
[24:04.480 --> 24:05.480]  MERS is out of the picture.
[24:05.480 --> 24:09.480]  They don't have any standing or control.
[24:09.480 --> 24:25.480]  And since it's now the sponsor that holds the note, they have a duty to file the change of hold of ship in the county registrar's office.
[24:25.480 --> 24:32.480]  And that's under 27 CFR 2605.
[24:32.480 --> 24:39.480]  And there's a whole list of things on my questionnaire that I'm working on.
[24:39.480 --> 24:47.480]  You can find it at aadox.com and just click on basic information from the first page.
[24:47.480 --> 24:51.480]  If you click the bottom link on the first page, you go to the bottom of the second page.
[24:51.480 --> 24:55.480]  You'll see a link there to services.
[24:55.480 --> 25:05.480]  And that's a questionnaire that goes through all of the things that's required to be in the notice that you receive in the change of hold of ship.
[25:05.480 --> 25:09.480]  They never do that.
[25:09.480 --> 25:21.480]  They don't do that because they want the original lender to pay their money to the servicer.
[25:21.480 --> 25:28.480]  And they want you to believe that it is the servicer who is the holder of the note.
[25:28.480 --> 25:39.480]  I still get people saying, well, WAMU sold it to Chase, who sold it to ReconTrust or whoever.
[25:39.480 --> 25:53.480]  And what you're looking at is not negotiations of the security instrument, but you're looking at assignments of the mortgage or the deed of trust.
[25:53.480 --> 25:58.480]  So wait a minute, there's a problem there.
[25:58.480 --> 26:04.480]  The courts will assume that the deed of trust follows the note.
[26:04.480 --> 26:14.480]  They're going to assume that when the note is negotiated to a second party, that the deed of trust moves with it.
[26:14.480 --> 26:17.480]  And that's the way it works for the last 200 years.
[26:17.480 --> 26:22.480]  That's what the case law says because that's the way it always worked.
[26:22.480 --> 26:30.480]  But when they started this securitization program, it changed everything.
[26:30.480 --> 26:36.480]  Because the purchaser of the note did not want to collect on the note.
[26:36.480 --> 26:38.480]  They wanted to hire a third party to do that.
[26:38.480 --> 26:50.480]  And the way they did it was to transfer the lien document through an assignment to a different party.
[26:50.480 --> 27:03.480]  It was the lender who very deliberately bifurcated or separated into two, the note and the security instrument.
[27:03.480 --> 27:06.480]  The law had always considered them one.
[27:06.480 --> 27:10.480]  And when you handed someone else one, you handed them both.
[27:10.480 --> 27:18.480]  But in order to make this mortgage-backed security scheme work, they had to rip the two apart.
[27:18.480 --> 27:24.480]  One to one person, another to the second person or entity.
[27:24.480 --> 27:34.480]  So they want the borrower to think the person they're paying is the one who holds the note.
[27:34.480 --> 27:45.480]  Otherwise, they're going to get into along a lot of song and dance Sousa Dhani paths because you and I who were not highly sophisticated economic professionals,
[27:45.480 --> 27:58.480]  we're going to say, wait a minute, if I know that the guy who's collecting the money is not the same guy that I owed the money to,
[27:58.480 --> 28:04.480]  I'm going to have questions about who is this guy?
[28:04.480 --> 28:11.480]  And what authority does he have to collect this money when he's not the guy the money's owed to?
[28:11.480 --> 28:15.480]  Well, they didn't want us asking those questions.
[28:15.480 --> 28:24.480]  So they went to a lot of trouble to hide the fact that they had bifurcated the note and the security instrument.
[28:24.480 --> 28:31.480]  They wanted us to think that servicer was the owner of the note and he was no such thing.
[28:31.480 --> 28:48.480]  Because the lenders and subsequent holders fail to abide by the notice requirements and because they separated the note and the security instrument,
[28:48.480 --> 28:52.480]  it may well be that nobody can collect.
[28:52.480 --> 29:05.480]  So they may be able to collect, but what they almost certainly cannot do is take an action against your property if you default.
[29:05.480 --> 29:22.480]  They may hold a lien document, but the lien document has become void because it was separated from the security instrument.
[29:22.480 --> 29:27.480]  And what I hope everybody would do is go down and look at the court record.
[29:27.480 --> 29:36.480]  I'll finish this up on the next slide. We're going to open the phone lines 512-646-1984.
[29:36.480 --> 29:43.480]  Give us a call. This is our four hour info marathon and I forgot to do that on the first so I'll do it now.
[29:43.480 --> 29:52.480]  It is March the 2nd, 2012, our Friday night four hour show.
[29:52.480 --> 29:57.480]  So give us a call, get in line, we'll be taking calls, I'll finish this up on the other side.
[29:57.480 --> 30:00.480]  We'll be right back.
[30:00.480 --> 30:05.480]  This is building 7, a 47 story skyscraper that fell on the afternoon of September 11th.
[30:05.480 --> 30:07.480]  The government says that fire brought it down.
[30:07.480 --> 30:12.480]  However, 1500 architects and engineers have concluded it was a controlled demolition.
[30:12.480 --> 30:18.480]  Over 6,000 of my fellow service members have given their lives and thousands of my fellow force respond to supply.
[30:18.480 --> 30:19.480]  I'm not a conspiracy theorist.
[30:19.480 --> 30:20.480]  I'm a structural engineer.
[30:20.480 --> 30:21.480]  I'm a New York City correctional.
[30:21.480 --> 30:22.480]  I'm an Air Force pilot.
[30:22.480 --> 30:24.480]  I'm a father who lost his son.
[30:24.480 --> 30:26.480]  We're Americans and we deserve the truth.
[30:26.480 --> 30:30.480]  Go to RememberBuilding7.org today.
[30:30.480 --> 30:37.480]  Want to hear the world's funniest joke? Really, it's scientifically proven.
[30:37.480 --> 30:43.480]  Psychologist Richard Wiseman tested 40,000 jokes and found the one that tickled a universal funny bone.
[30:43.480 --> 30:47.480]  I'm Dr. Catherine Albrecht and I'll be back with the winner in just a moment.
[30:47.480 --> 30:49.480]  Privacy is under attack.
[30:49.480 --> 30:53.480]  When you give up data about yourself, you'll never get it back again.
[30:53.480 --> 30:58.480]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:58.480 --> 31:00.480]  So protect your rights.
[31:00.480 --> 31:03.480]  Say no to surveillance and keep your information to yourself.
[31:03.480 --> 31:06.480]  Privacy, it's worth hanging on to.
[31:06.480 --> 31:09.480]  This message is brought to you by StartPage.com.
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[31:17.480 --> 31:19.480]  And now the world's funniest joke.
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[31:25.480 --> 31:28.480]  The other guy whips out his cell phone and calls 911.
[31:28.480 --> 31:31.480]  My friend is dead, he guests. What should I do?
[31:31.480 --> 31:33.480]  The operator says, calm down, I can help.
[31:33.480 --> 31:35.480]  First, make sure he's actually dead.
[31:35.480 --> 31:38.480]  There's a silence, then a shot rings out.
[31:38.480 --> 31:41.480]  Back on the phone, the guy says, OK, now what? Get it?
[31:41.480 --> 31:46.480]  Wiseman says this joke is a winner because it appeals to people in many different countries.
[31:46.480 --> 31:50.480]  Appeals to both sexes and gets laughs from both young and old alike.
[31:50.480 --> 32:17.480]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[32:17.480 --> 32:20.480]  How's that?
[32:20.480 --> 32:25.480]  This doesn't seem to be a risk for most of us.
[32:25.480 --> 32:29.480]  This doesn't seem to be a risk for the team.
[32:29.480 --> 32:33.480]  Well, I need a prosecutor to come and help me.
[32:33.480 --> 32:35.480]  Prosecute them wicked leaders, you see.
[32:35.480 --> 32:37.480]  They're my mother and a liar.
[32:37.480 --> 32:40.480]  Them tell me, them are liars and I tell six stories.
[32:40.480 --> 32:42.480]  They don't believe me, say what they tell me.
[32:42.480 --> 32:45.480]  3% of America vote for us.
[32:45.480 --> 32:48.480]  So hold it, I think it'd be presidential.
[32:48.480 --> 32:50.480]  That's why we have a war and pushing.
[32:50.480 --> 32:54.480]  OK, we're back by Randy Kelton, Debussy with Eddie Craig, Bill LaLidio.
[32:54.480 --> 32:59.480]  And we were talking about bifurcation of the note and security instrument.
[32:59.480 --> 33:05.480]  I'm trying to get this in a perspective where it all makes sense.
[33:05.480 --> 33:09.480]  There's a lot of talk about all of this floating around the internet.
[33:09.480 --> 33:15.480]  It's kind of hard to make sense of it in a way that's usable.
[33:15.480 --> 33:22.480]  And I'm hoping this will get you an idea of what actually goes on.
[33:22.480 --> 33:31.480]  And the reason for this is we want you to go down to the county registrar's office
[33:31.480 --> 33:37.480]  and see what is in the records in the county registrar's office.
[33:37.480 --> 33:46.480]  And it just came across an issue today that I think will be one of those little tidbits of pieces of information.
[33:46.480 --> 33:50.480]  I had a friend I've been saying that the bank never put a lien on his property
[33:50.480 --> 33:56.480]  because he went down and ran his name, pulled up his property and there's no lien file.
[33:56.480 --> 34:03.480]  Well, it turns out that it was his property free and clear.
[34:03.480 --> 34:07.480]  And then he got a home equity loan against the property.
[34:07.480 --> 34:15.480]  But since he had been married in the interim from the time he owned the house until this time,
[34:15.480 --> 34:21.480]  the bank insisted that he put his wife on the note.
[34:21.480 --> 34:29.480]  So when they filed the lien, they filed it under his wife's name and not his.
[34:29.480 --> 34:33.480]  Now, it was filed on the same property.
[34:33.480 --> 34:39.480]  So if you looked up the property by the property description, you would have found it.
[34:39.480 --> 34:42.480]  But we looked it up by his name and didn't find it.
[34:42.480 --> 34:51.480]  He went back and was looking up his wife's other properties and he found the lien on his property.
[34:51.480 --> 35:02.480]  When you go look in the court record, if anyone else's name is on the lien document or on the note,
[35:02.480 --> 35:05.480]  make sure you check under each name.
[35:05.480 --> 35:08.480]  See what is in the record.
[35:08.480 --> 35:13.480]  There should be a warranty deed transferring the property to you.
[35:13.480 --> 35:20.480]  That's what gives you ownership and you own the property outright.
[35:20.480 --> 35:25.480]  And then there should be a lien document in there, a deed of trust.
[35:25.480 --> 35:44.480]  And that deed of trust gives the lender the authority to foreclose in the event that the person defaults on the security agreement on the note.
[35:44.480 --> 35:47.480]  You should find one of those in there.
[35:47.480 --> 36:01.480]  If you don't find one of those in there, you should file a warranty deed and transfer the property to somebody else that you know.
[36:01.480 --> 36:04.480]  Get it out of your name quickly.
[36:04.480 --> 36:13.480]  Or if you can't do that, then have someone else file a very large deed of trust.
[36:13.480 --> 36:18.480]  Now, I'm not suggesting you do anything illegal.
[36:18.480 --> 36:24.480]  You can loan and borrow a whole bunch of money from somebody and give them a lien.
[36:24.480 --> 36:26.480]  Do something creative.
[36:26.480 --> 36:31.480]  I probably shouldn't talk about all of that on the air, but do something creative.
[36:31.480 --> 36:32.480]  Get a lien on the property.
[36:32.480 --> 36:35.480]  Move it into a trust, maybe.
[36:35.480 --> 36:39.480]  Grant the property to a trust.
[36:39.480 --> 36:48.480]  And on another show, we'll talk about how to build trusts that are essentially unpunishable real quickly.
[36:48.480 --> 37:00.480]  Do not, if you're the benefactor, the grantor, do not grant it to your wife, your brother, your son.
[37:00.480 --> 37:07.480]  Grant to a beneficiary that's at least one or two degrees separated from you.
[37:07.480 --> 37:10.480]  And appoint a trustee.
[37:10.480 --> 37:18.480]  A point of trustee who's not your brother or your wife or your spouse or one of your children.
[37:18.480 --> 37:21.480]  Best a totally third party.
[37:21.480 --> 37:28.480]  And if you're not sure you can trust the trustee, simply enter into a private contract with the trustee,
[37:28.480 --> 37:33.480]  making you the managing director, essentially taking away all the power of the trustee.
[37:33.480 --> 37:35.480]  That way you don't have to trust the trustee.
[37:35.480 --> 37:41.480]  But when the courts look at it, you have a good solid trust.
[37:41.480 --> 37:47.480]  If you're the grantor and the beneficiary and the trustee, they're going to say you don't have a trust.
[37:47.480 --> 37:49.480]  So anyway, move it into a trust.
[37:49.480 --> 37:55.480]  Do something so that there's another claim on the property.
[37:55.480 --> 38:05.480]  So when the bank comes back and realizes that they haven't filed their lien and they try to file it,
[38:05.480 --> 38:08.480]  there's going to be one in front of them.
[38:08.480 --> 38:11.480]  First in time is first in line.
[38:11.480 --> 38:19.480]  Now maybe they could overcome that lien, but that is a large uphill climb.
[38:19.480 --> 38:26.480]  That will take some doing to overcome that particular lien.
[38:26.480 --> 38:33.480]  So everything the bank is doing is about money.
[38:33.480 --> 38:35.480]  It's all about the dollars.
[38:35.480 --> 38:43.480]  So once you have a lien in front of them, now they're going to be more likely to come to the table.
[38:43.480 --> 38:47.480]  And even if you get a lien in front of the bank,
[38:47.480 --> 38:53.480]  if they make you a decent offer, I'm going to suggest you take it because
[38:53.480 --> 39:03.480]  just because the lender can't foreclose on the property doesn't mean he can't sue you directly
[39:03.480 --> 39:09.480]  because the note is still out there and it's still valid.
[39:09.480 --> 39:16.480]  What these improper procedures have done is made the lien document invalid,
[39:16.480 --> 39:19.480]  but it has not made the note invalid.
[39:19.480 --> 39:22.480]  So the lender can come back and sue you personally,
[39:22.480 --> 39:27.480]  and if the amount sued for is in excess of the value of the property,
[39:27.480 --> 39:32.480]  there's a good chance he can get a shot at the property.
[39:32.480 --> 39:37.480]  Although in taxes it's more difficult because we have the homestead laws,
[39:37.480 --> 39:39.480]  but at least he'll have a shot at it.
[39:39.480 --> 39:43.480]  So if you can get a deal that you can live with, take it.
[39:43.480 --> 39:50.480]  The whole point of what we do here is not to see if you can get the property pretty clear.
[39:50.480 --> 39:53.480]  I mean, that may happen sometimes, but that's not our purpose.
[39:53.480 --> 40:00.480]  Our purpose is to bring the bank to the table to negotiate a deal in good faith.
[40:00.480 --> 40:06.480]  So with that said, go back and look in the court record.
[40:06.480 --> 40:20.480]  Even if there is a lien filed, then you look at the lien and see who is the beneficiary for the lien.
[40:20.480 --> 40:24.480]  Who is the lien written to protect?
[40:24.480 --> 40:31.480]  Generally, it will be the originator of the note or the original bank.
[40:31.480 --> 40:38.480]  And there will be a trustee's name on that deed, write down that trustee's name.
[40:38.480 --> 40:43.480]  And then look in the record and see if there's a release of lien.
[40:43.480 --> 40:48.480]  The majority of the time you won't find the release of lien, but sometimes you will.
[40:48.480 --> 40:56.480]  If there is a release of lien, see if there is a subsequent filing of a lien.
[40:56.480 --> 41:03.480]  And if there is, write down the name of the trustee on the deed of trust.
[41:03.480 --> 41:06.480]  That's why they call it deed of trust.
[41:06.480 --> 41:19.480]  When the original deed of trust is created, the grantor and grantee must agree on a trustee.
[41:19.480 --> 41:25.480]  After that, only the benefactor can change the trustee.
[41:25.480 --> 41:32.480]  So when it negotiates to a third party, that is authorized in the note.
[41:32.480 --> 41:34.480]  So that's legal.
[41:34.480 --> 41:40.480]  And then that person can create a lien in their name and filing in the court record.
[41:40.480 --> 41:48.480]  But before they do that or simultaneously, the original lien has to be released.
[41:48.480 --> 42:04.480]  So what we've seen is sometimes the lender will release the lien, but the sponsor of the Special Purpose Vehicle who received the note in the negotiation,
[42:04.480 --> 42:09.480]  they didn't file a subsequent lien in the court record.
[42:09.480 --> 42:26.480]  So you can go in, there's a procedure for going to the district court, the local court, with an issue concerning a lien that's in the record.
[42:26.480 --> 42:44.480]  If you can show that the original lender who filed this lien subsequently negotiated the note to another party, then this lien becomes void.
[42:44.480 --> 42:51.480]  And the other party would have had to file a lien, a deed of trust in their name.
[42:51.480 --> 43:04.480]  If they didn't do that, you can go to the court and say, this lien is void and the courts have an interest in keeping their records accurate.
[43:04.480 --> 43:13.480]  So you can go to the district court and say, you have erroneous records in the county registrar's office and I'm here to help you correct them.
[43:13.480 --> 43:28.480]  If you show the court that this particular lien document has been rendered void, you ask the court to rule that this lien document, though it's still in the record, is void and of no force in effect.
[43:28.480 --> 43:34.480]  You can do this before or even after a foreclosure has taken place.
[43:34.480 --> 43:44.480]  And this can be extremely powerful.
[43:44.480 --> 43:49.480]  I'll finish this up on the other side and I'll take Francis, Danny and Eric.
[43:49.480 --> 44:00.480]  We'll be right back on the other side with low radio, call in number 512-646-1984.
[44:00.480 --> 44:05.480]  The Oakland City bombing, top 10 reasons to question the official story.
[44:05.480 --> 44:09.480]  Reason number two, why was the ATF AWOL?
[44:09.480 --> 44:19.480]  Paramedic Tiffany Bible, who was on the scene within five minutes, has stated in an affidavit that agents of the Bureau of Alcohol, Tobacco and Firearms told her that they were not in the office that morning.
[44:19.480 --> 44:27.480]  E. N. T. Catherine Mallant also overheard one agent say to another, close, is that why we got the page to not come in today, end quote.
[44:27.480 --> 44:34.480]  Bruce Shaw, as interviewed on KFOR TV, was also told by ATF agents that they had been paid to not come in to work.
[44:34.480 --> 44:46.480]  The ATF initially denied these claims, and now variously claim that one of their agents was in a free falling elevator which has been disproven, or that they had been in an all night stick out, or that they had been in a golf tournament.
[44:46.480 --> 44:56.480]  As they try to sort out their lives, all we want to know is, did the ATF receive a warning, and if so, why did they not pass it on to others and memorials?
[44:56.480 --> 45:00.480]  For more information, go to okcfoundmentruth.com.
[45:26.480 --> 45:28.480]  And now you can too.
[45:28.480 --> 45:34.480]  Jurisdictionary was created by a licensed attorney with 22 years of case winning experience.
[45:34.480 --> 45:43.480]  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.
[45:43.480 --> 45:52.480]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, pro se tactics, and much more.
[45:52.480 --> 46:01.480]  Please visit ruleoflawradio.com and click on the banner or call toll free 866-LAW-EZ.
[46:22.480 --> 46:35.480]  Yeah, always I must be careful what I'm wishing for. When I'm hungry, I like to know just what I'm fishing for.
[46:35.480 --> 46:45.480]  I ain't asking too much, I ain't trying to be no blood. I'm just here making my living pushing back.
[46:45.480 --> 46:55.480]  We're back, Randy Kelton, David Stevens, and Craig with Law Radio, and we're talking about what to look for in the court record.
[46:55.480 --> 47:14.480]  If you have had a change of services for the note, for each change of servicer, there is required to be filed in the court record an assignment.
[47:14.480 --> 47:26.480]  And I was been researching on the internet and I'm pulling up these explanations that lawyers have written for other lawyers.
[47:26.480 --> 47:38.480]  And what the guru lawyers are telling the learning lawyers is that it is the states who have filing requirements.
[47:38.480 --> 47:50.480]  I have heard no one reference 27 CFR 2605. Now 2605 is just the first set.
[47:50.480 --> 48:01.480]  That's the beginning of a whole section on the filing of notice of change of ownership of a security instrument.
[48:01.480 --> 48:18.480]  It is not the states that require it. Some states do require it. In Texas, the statute says that a person may file these certain types of documents in the public record.
[48:18.480 --> 48:21.480]  It does not say that they must.
[48:21.480 --> 48:32.480]  So if you take on a lender on this issue, you can expect the lawyer to come in and say, well, we're not required to. The statute says you may.
[48:32.480 --> 48:47.480]  And you'll say, well, yeah, that's true. But the statute only says you may so that when you come down here to file it, you won't get any interference.
[48:47.480 --> 48:54.480]  You have to come down here and file it because the federal law says you must.
[48:54.480 --> 49:04.480]  And there's no leeway on that one. So anyway, you want to look in the court record for every change of services.
[49:04.480 --> 49:18.480]  There must be a notice of assignment and there should be a corresponding notice of a negotiation of the security instrument.
[49:18.480 --> 49:26.480]  If there's not one, then you can presume that there was no change.
[49:26.480 --> 49:39.480]  So you issued the note to the original lender and then there was a change of servicer.
[49:39.480 --> 49:52.480]  And they want you to think that's a change of holdership knows the service is just a contractor who collects for the actual holder of the note.
[49:52.480 --> 50:06.480]  So when there's a change of servicer, then you can presume that because the claimant on the lean document changed.
[50:06.480 --> 50:15.480]  Then you can go to the court and assume that the original lender is still the holder of the note.
[50:15.480 --> 50:24.480]  And for most people out there, the original lender is going to be out of business because they bankrupt him on a regular basis.
[50:24.480 --> 50:39.480]  And if the original lender hasn't filed the notice of negotiation of the security instrument in the court record, now he cannot because he's history.
[50:39.480 --> 50:51.480]  So you can say based on this evidence, you have reason to believe that this person trying to collect has no authority to collect.
[50:51.480 --> 51:03.480]  And that puts the claimant, whoever is claiming authority to collect, it creates a prima facie evidence that they don't have authority to collect.
[51:03.480 --> 51:06.480]  Now they have to overcome that evidence.
[51:06.480 --> 51:10.480]  This is the thing they don't want to have to do.
[51:10.480 --> 51:26.480]  And most of the cases I read have been thrown out because we didn't make our case right so that we failed to create prima facie evidence to indicate that this person was not the holder of the note.
[51:26.480 --> 51:32.480]  And we can do it by looking in the court record and directing the court to the court record.
[51:32.480 --> 51:52.480]  And we maintain that the county registrar's office is the only place that the court can look to see who actually has holy ship because everybody who receives holy ship or beneficial interest in the note is required to report that with the county registrar's office and they don't do it.
[51:52.480 --> 52:04.480]  So look for a lien document that may not be filed, look for a release of lien, look for a notice of assignment.
[52:04.480 --> 52:11.480]  If you don't, you're looking as much to see what's not there as what is there.
[52:11.480 --> 52:26.480]  So these are the kind of things we can bring into court and turn into causes of action against the lender to force the lender to come to the court and show that he is the true holder.
[52:26.480 --> 52:37.480]  And the only way he can do that is to show that he holds the security instrument in a direct line of negotiation.
[52:37.480 --> 52:45.480]  From him all the way back to the original lender in a direct uninterrupted line.
[52:45.480 --> 52:56.480]  And because of their management practice and their document, the records practices, they absolutely cannot do that.
[52:56.480 --> 52:58.480]  Okay, we're going to go to calls.
[52:58.480 --> 53:04.480]  First, we're going to go to Eric in North Carolina.
[53:04.480 --> 53:06.480]  Eric, are you there?
[53:06.480 --> 53:08.480]  I'm here, Randall. Thank you very much.
[53:08.480 --> 53:13.480]  Okay, now Eric has been fighting these guys in North Carolina.
[53:13.480 --> 53:22.480]  Will you kind of give us an idea of what all has went on in your case and what you've done to fight them?
[53:22.480 --> 53:28.480]  Well, it's concerning the roadblocks that keep getting put up.
[53:28.480 --> 53:38.480]  I have never encountered one in all the years and I'm over 40 years old of operating a motor vehicle.
[53:38.480 --> 53:57.480]  And it just sat wrong in my crawl when I left that there's got to be something to it that has what they call, you know, you get the encroachment, the more and more encroachment into the liberties that are granted.
[53:57.480 --> 54:01.480]  And I thought that there's got to be something to it.
[54:01.480 --> 54:09.480]  There's other parts to it, but anyway, I had been cited for, you know, not having proper insurance.
[54:09.480 --> 54:12.480]  And so I went to court and I asked them about that.
[54:12.480 --> 54:27.480]  And they basically were, my case kind of rested on a bunch of precedents put forth by the Supreme Court in other cases.
[54:27.480 --> 54:37.480]  Rules of law, you know, such as no public policy of a state can be allowed to override positive guarantees of the Constitution.
[54:37.480 --> 54:43.480]  My concern, I guess, is the force and effect of all that.
[54:43.480 --> 54:51.480]  It doesn't seem to apply in the lower courts and for a peaceful, you know, peace.
[54:51.480 --> 54:54.480]  I guess kind of a soft spoken person.
[54:54.480 --> 55:02.480]  It's kind of tough to face somebody who doesn't recognize that or is refusing to recognize that.
[55:02.480 --> 55:08.480]  And it is kind of forcing you to sit there and you're in the limelight there.
[55:08.480 --> 55:18.480]  The lights are on and anybody who's been in front of, in that situation knows, obviously, you're not going to, it's an adversarial situation.
[55:18.480 --> 55:22.480]  And a lot of us are not used to it, obviously.
[55:22.480 --> 55:32.480]  And so there's, I guess, a sense of hopelessness at that point that they're just not going to pay attention to it.
[55:32.480 --> 55:41.480]  And so all you can do is take a step-by-step approach as what I have done.
[55:41.480 --> 55:43.480]  Okay, okay.
[55:43.480 --> 55:48.480]  Eric, what have you done in this case?
[55:48.480 --> 55:53.480]  Well, they went ahead and pledged for me.
[55:53.480 --> 55:56.480]  I never entered a plea, but they pledged for me.
[55:56.480 --> 56:07.480]  I understand that that's common practice anymore, that if you, you know, refuse to enter a plea pursuant to trying to get some questions answered beforehand,
[56:07.480 --> 56:12.480]  they'll go ahead and enter a plea and go on with a trial.
[56:12.480 --> 56:18.480]  So they entered a plea, they had the officer involved get up on the stand, they went through some questions.
[56:18.480 --> 56:29.480]  I asked him a quick question of that he recognized the accused instead of a defendant, but the accused has engaged in any kind of commercial activity.
[56:29.480 --> 56:38.480]  And I think the crux of my concern is whether I'm recognized as a commercial entity rather than a real-life person.
[56:38.480 --> 56:50.480]  And I don't know how many people have heard the kind of juxtaposition there in the eyes of the law, whether if you are engaged in commercial,
[56:50.480 --> 56:58.480]  you're obviously, you know, you are not, how do I say?
[56:58.480 --> 57:00.480]  You're not in your private person.
[57:00.480 --> 57:05.480]  Yeah, you're not in your private person with full effect and protections of the law.
[57:05.480 --> 57:11.480]  A lot of people like to call this straw man, but I really object to that term.
[57:11.480 --> 57:14.480]  It's about being in the public and being in the private.
[57:14.480 --> 57:17.480]  And you don't want to get rid of your straw man.
[57:17.480 --> 57:24.480]  You want to be able to function in the public, but you don't want to be drawn into the public.
[57:24.480 --> 57:26.480]  And I think that's where you're going.
[57:26.480 --> 57:29.480]  You were not in commerce and you were not in the public.
[57:29.480 --> 57:33.480]  You were in the private and they're treating you otherwise.
[57:33.480 --> 57:39.480]  Right. And so, you know, what the constructs of the system are now.
[57:39.480 --> 57:43.480]  I mean, I appealed whatever decision they had made.
[57:43.480 --> 57:50.480]  They had tried to make a guilty plea or a guilty verdict on my behalf.
[57:50.480 --> 57:55.480]  And I appealed that now I'm in Superior Court, which I considered since it's a court of record.
[57:55.480 --> 58:06.480]  I can try to force these things, these rules of law and precedence and set down by the Constitution and Supreme Court to apply.
[58:06.480 --> 58:16.480]  And if nothing else, even if I fall flat and fail, at least I will have become known for, you know...
[58:16.480 --> 58:18.480]  Being a pain in the neck.
[58:18.480 --> 58:23.480]  Well, being a pain in the neck with down the line, you know, perhaps I would have a better chance
[58:23.480 --> 58:26.480]  as I continue to do the homework on it.
[58:26.480 --> 58:28.480]  Okay, okay. Hang on. We're going to go to break.
[58:28.480 --> 58:30.480]  We'll pick this back up on the other side.
[58:30.480 --> 58:38.480]  I think Eddie's going to want to address some of the issues that you have because Eddie is our traffic guy.
[58:38.480 --> 58:42.480]  This is Randy Kelton, Denver Stevens, Eddie Craig with Law Radio.
[58:42.480 --> 58:46.480]  I see you, Francis, Danny and Carlos.
[58:46.480 --> 58:48.480]  We'll pick you up on the other side.
[58:48.480 --> 58:53.480]  Call and number is 512-646-1984.
[58:53.480 --> 59:22.480]  We'd like to be right back.
[59:23.480 --> 59:28.480]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:28.480 --> 59:34.480]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation,
[59:34.480 --> 59:38.480]  growing in Christ and how to build up the church.
[59:38.480 --> 59:44.480]  To order your free New Testament recovery version and Basic Elements of the Christian Life,
[59:44.480 --> 59:54.480]  call Bibles for America toll-free at 888-551-0102.
[59:54.480 --> 01:00:00.480]  Or visit us online at bfa.org.
[01:00:00.480 --> 01:00:05.480]  This news brief brought to you by the International News Network.
[01:00:05.480 --> 01:00:13.480]  U.S. military investigators in Afghanistan say five soldiers were involved in burning copies of the Koran last week.
[01:00:13.480 --> 01:00:21.480]  The investigation of the Muslim holy books incited a week of protests that left at least 30 Afghans and six U.S. soldiers dead.
[01:00:21.480 --> 01:00:29.480]  Officials said the five soldiers will be reprimanded, but it's unlikely their punishment will satisfy most Afghans.
[01:00:29.480 --> 01:00:36.480]  All but two of the EU's 27 leaders have signed a new treaty to enforce budget discipline within the bloc.
[01:00:36.480 --> 01:00:46.480]  The local compact aims to prevent these 17 Eurozone states running up huge debts, like those which sparked the Greek, Irish and Portuguese bailouts.
[01:00:46.480 --> 01:00:56.480]  Recently, a public outcry forced Amazon.com to remove over 100 whale and dolphin meat products from its Japanese website.
[01:00:56.480 --> 01:01:03.480]  Consumers were outraged when the world's largest online retailer supported the killing of whales and dolphins.
[01:01:03.480 --> 01:01:13.480]  The website change.org is circulating a petition to pressure Amazon to institute a permanent ban to protect the endangered animals.
[01:01:13.480 --> 01:01:21.480]  The Red Cross has been refused permission to deliver aid to the Baba Amir district of the bombed out Syrian city of Homs.
[01:01:21.480 --> 01:01:31.480]  Despite earlier getting the go ahead from the authorities, the delay has given rise to opposition allegations that government forces were trying to get rid of evidence of summary killings.
[01:01:31.480 --> 01:01:38.480]  The human rights office said Friday it had received reports of a grisly set of summary executions of 17 people.
[01:01:38.480 --> 01:01:45.480]  Spanish journalist Javier Espinosa who escaped with a group of 50 people who crept through government lines at night said,
[01:01:45.480 --> 01:01:51.480]  there were a group of kids who were terrified. We tried to just shut them up, but it was too late and they started shooting.
[01:01:51.480 --> 01:02:00.480]  He said there were 20,000 mainly women and old people, civilians trapped in a very small enclave under constant shelling, adding there's no place to hide.
[01:02:00.480 --> 01:02:13.480]  Israeli Prime Minister Benjamin Netanyahu will reportedly demand Barack Obama commit to military action against Iran during his Washington visit next week.
[01:02:13.480 --> 01:02:22.480]  Netanyahu is to attend the annual meeting of the powerful pro-Israeli lobbying group APAC, the American-Israel Public Affairs Committee.
[01:02:22.480 --> 01:02:30.480]  Obama is reportedly frustrated by Netanyahu's efforts to mobilize support for Israel's position in Congress.
[01:02:30.480 --> 01:02:39.480]  Netanyahu met a group of U.S. senators last week and complained strongly about Obama administration officials publicly opposing an Israeli strike on Iran.
[01:02:39.480 --> 01:02:47.480]  Meanwhile, Obama has dispatched senior officials to Jerusalem to try and dampen talk of an attack on Iran.
[01:02:47.480 --> 01:02:54.480]  For more details on this story, visit INS World Report dot com.
[01:03:17.480 --> 01:03:21.480]  Well, I'll be on my feet.
[01:03:21.480 --> 01:03:29.480]  I read his book and it says the cares run over the unsightly.
[01:03:29.480 --> 01:03:35.480]  These warm unders come by that term right there.
[01:03:35.480 --> 01:03:48.480]  Okay.
[01:03:48.480 --> 01:03:53.480]  Where are you at right now and what issues are you about to deal with?
[01:03:53.480 --> 01:04:02.480]  We'll pull out our sage here, Eddie Craig, and see if he can find some sage advice.
[01:04:02.480 --> 01:04:05.480]  All right. Well, that might be just what I'm looking for.
[01:04:05.480 --> 01:04:21.480]  Well, when I first moved to North Carolina, it seemed like the rules on getting a driver's license had changed to the point where I felt it was along the lines of what they call the national ID card that a lot of people are objecting to.
[01:04:21.480 --> 01:04:32.480]  I still think there's a lot of uproar about that and it seemed like the elements in the driver's license now mimic that.
[01:04:32.480 --> 01:04:51.480]  And I made a conscious decision not to enter the contract, which with what I felt was a commercial or not a commercial, but a franchise contract with the state of North Carolina.
[01:04:51.480 --> 01:05:04.480]  There's probably the information that would take me out of the independent state and make me into a, we call it like a commercial entity, something that I wasn't very comfortable with.
[01:05:04.480 --> 01:05:17.480]  And so along with getting a driver's license, in order to get that, you need to have your, obviously your insurance, you know, obviously register the automobile.
[01:05:17.480 --> 01:05:28.480]  I had a couple of years still left on my current license, which I didn't, which I felt comfortable was coming from the state I was in that had issued it.
[01:05:28.480 --> 01:05:45.480]  And so I kind of ran with that and just kind of was trying to do a little bit of research and I was playing with the idea, maybe I should go ahead and succumb to the new rules and go ahead and get one and stay.
[01:05:45.480 --> 01:05:54.480]  And basically, once that ran out, which was a couple of years ago, I decided just to try to play the hand.
[01:05:54.480 --> 01:05:57.480]  I don't, you know, I'm not a bad driver.
[01:05:57.480 --> 01:06:00.480]  Okay, wait. Kind of move along a little bit.
[01:06:00.480 --> 01:06:02.480]  Oh, okay.
[01:06:02.480 --> 01:06:11.480]  But because of the situation that I had chosen to get in, well, these roadblocks, they do the license check.
[01:06:11.480 --> 01:06:20.480]  They stopped me and decided me for not having, you know, all what they considered necessary to operate an automobile in the state of North Carolina.
[01:06:20.480 --> 01:06:39.480]  And my research to date and the people that I've talked to, the legal advice that I've gotten, there's a variety of things out there that is thrown at you and you're trying to disseminate what actually will work.
[01:06:39.480 --> 01:06:44.480]  And why, you know, there's just a deep rooted, go ahead.
[01:06:44.480 --> 01:06:55.480]  Okay, let's go to what you have done at this point, resident, with kind of a general discussion about the nature of things.
[01:06:55.480 --> 01:06:57.480]  What have you done to this point?
[01:06:57.480 --> 01:07:17.480]  Well, just to enter, motion after motion to dismiss an affidavit to an erroneous conclusion of law, notice of reservations of rights, those things that it seems to be necessary to say up front to an officer or any public agent.
[01:07:17.480 --> 01:07:31.480]  You know, in the past, you kind of trusted them to be operating within the jurisdiction of the independent state, only to find out maybe later when it's too late that they weren't doing so.
[01:07:31.480 --> 01:07:38.480]  Here's kind of a mantra that go by.
[01:07:38.480 --> 01:07:42.480]  The courts are absolutely corrupt.
[01:07:42.480 --> 01:07:47.480]  They're totally corrupt. They have always been corrupt.
[01:07:47.480 --> 01:07:55.480]  You will not win your case because you have the law and the facts on your side to think so is naive.
[01:07:55.480 --> 01:08:00.480]  You will only win your case if you have politics on your side.
[01:08:00.480 --> 01:08:03.480]  It's a legislative thing.
[01:08:03.480 --> 01:08:31.480]  When all politics is local, if you go into court, especially on traffic, the courts generally deal with ordinary people who get a ticket two or three times in their lifetime, have no experience with the legal system, and will just succumb to whatever they do.
[01:08:31.480 --> 01:08:43.480]  So if we want to beat them, if we want to change things, we have to not succumb to what they do and figure out how to create politics.
[01:08:43.480 --> 01:08:49.480]  And in this case, the political pressure is monetary.
[01:08:49.480 --> 01:09:02.480]  And the second one is criminal. If we can back get them to violate the law, we run down file criminal charges against them.
[01:09:02.480 --> 01:09:14.480]  Eddie Craig, when he first came on our show, he was listening to the show and they were not following law and he came seeking remedy.
[01:09:14.480 --> 01:09:19.480]  And how many criminal complaints did you file, Eddie?
[01:09:19.480 --> 01:09:20.480]  481.
[01:09:20.480 --> 01:09:24.480]  Yeah, I was wondering why he yelled back.
[01:09:24.480 --> 01:09:26.480]  Now, who did he file against?
[01:09:26.480 --> 01:09:28.480]  Was it against judges?
[01:09:28.480 --> 01:09:37.480]  Every police officer, the district attorney, the magistrates in the courts, everybody I came in contact with, no one was doing what the law required.
[01:09:37.480 --> 01:09:40.480]  They were ignoring it left and right.
[01:09:40.480 --> 01:09:52.480]  And we have some people there in North Carolina, you know, Art Patent, he can put you in touch with them, that are working on the grand jury system.
[01:09:52.480 --> 01:10:01.480]  And Art, in looking through the laws, he has a friend who is a lawyer.
[01:10:01.480 --> 01:10:13.480]  And the guy told him that in North Carolina, the grand juries are required to hear complaints from private citizens.
[01:10:13.480 --> 01:10:25.480]  They actually have administrative hearings for the grand jury where the public can come and present complaints to the grand jury.
[01:10:25.480 --> 01:10:32.480]  So your grand jury there is more open than ours is at the moment.
[01:10:32.480 --> 01:10:40.480]  And when I talk about grand juries, we're not really so concerned about getting someone indicted.
[01:10:40.480 --> 01:10:42.480]  That's not really the purpose.
[01:10:42.480 --> 01:10:45.480]  I mean, it's great if we do.
[01:10:45.480 --> 01:10:50.480]  The real purpose is to create a little politics.
[01:10:50.480 --> 01:10:55.480]  And the politics is all local and this is how we create local politics.
[01:10:55.480 --> 01:11:04.480]  It's when you do what Eddie did, you go down and you file complaints with the district attorney against these public officials.
[01:11:04.480 --> 01:11:10.480]  And he says, well, I'm not going to prosecute these people I work with.
[01:11:10.480 --> 01:11:16.480]  Then you go to the district judge and file criminal charges against the district attorney.
[01:11:16.480 --> 01:11:20.480]  For shielding these guys from prosecution.
[01:11:20.480 --> 01:11:23.480]  And the judge is going to send you back this.
[01:11:23.480 --> 01:11:27.480]  I suggest you do it through the mail.
[01:11:27.480 --> 01:11:36.480]  And the judge is going to send you back this very polite and condescending letter saying, well, you know, you really need to file this with sheriff's department.
[01:11:36.480 --> 01:11:51.480]  And then instead of that, you make up a set of complaints against the district judge and file those with the with the grand jury address to the district attorney's office.
[01:11:51.480 --> 01:11:55.480]  Because that's the only address you can get on a grand jury is a district attorney's address.
[01:11:55.480 --> 01:12:06.480]  So you put the format of the grand jury's name on the documents, the prosecutor's going to get it and open it.
[01:12:06.480 --> 01:12:18.480]  And when he sees complaints against the district judge for not pursuing prosecution against him, he's going to say that rascal.
[01:12:18.480 --> 01:12:21.480]  He set me up for this.
[01:12:21.480 --> 01:12:26.480]  That's how we create politics.
[01:12:26.480 --> 01:12:27.480]  Okay.
[01:12:27.480 --> 01:12:28.480]  Okay.
[01:12:28.480 --> 01:12:29.480]  All right.
[01:12:29.480 --> 01:12:30.480]  Well, this is our pattern.
[01:12:30.480 --> 01:12:32.480]  Have that same idea?
[01:12:32.480 --> 01:12:33.480]  Yeah.
[01:12:33.480 --> 01:12:34.480]  Oh, yeah.
[01:12:34.480 --> 01:12:35.480]  He talked to art.
[01:12:35.480 --> 01:12:45.480]  The art is one of the few people that called me asked me what to do and then went in and did it.
[01:12:45.480 --> 01:12:50.480]  And it worked for him big time.
[01:12:50.480 --> 01:13:02.480]  Well, it sounds like somebody who gets things done and has a good head on his shoulder on keeping it straight because there's so much out there that gets thrown at people to try to derail them.
[01:13:02.480 --> 01:13:19.480]  And I worry that all the research I've done maybe for not because I don't do the politics thing at this point, but all the research I've done says that if I can convince, maybe the politics thing is what it's going to take.
[01:13:19.480 --> 01:13:29.480]  Then I can feel comfortable that, okay, maybe I can play the game with them knowing full well that I was in the right all along anyway.
[01:13:29.480 --> 01:13:34.480]  It's just a matter of, okay, now they know that I know how to go about it.
[01:13:34.480 --> 01:13:42.480]  And so in North Carolina, are the traffic statutes a separate code or are they in a title in the code itself?
[01:13:42.480 --> 01:13:43.480]  I think they're in the title.
[01:13:43.480 --> 01:13:45.480]  They're in a title in the code.
[01:13:45.480 --> 01:13:47.480]  I think they're title 18.
[01:13:47.480 --> 01:13:49.480]  And what title is that?
[01:13:49.480 --> 01:13:51.480]  I think it's title 18.
[01:13:51.480 --> 01:13:53.480]  No, no, no, not the number.
[01:13:53.480 --> 01:13:55.480]  What's the title of the title?
[01:13:55.480 --> 01:14:01.480]  Is it the motor vehicle code, the transportation code, transportation?
[01:14:01.480 --> 01:14:03.480]  What's it called for the title of that code?
[01:14:03.480 --> 01:14:05.480]  Motor vehicle.
[01:14:05.480 --> 01:14:07.480]  Motor vehicle code.
[01:14:07.480 --> 01:14:13.480]  Eddie, just go to North Carolina General Statutes and Chapter 18.
[01:14:13.480 --> 01:14:14.480]  They're all listed in order.
[01:14:14.480 --> 01:14:20.480]  I think 14 is criminal, 15 is civil procedure.
[01:14:20.480 --> 01:14:24.480]  They just go in line.
[01:14:24.480 --> 01:14:33.480]  But once you learn the political side, then it becomes, that's when it gets interesting.
[01:14:33.480 --> 01:14:40.480]  I have told people on the show who've been doing it that they are having entirely too much fun.
[01:14:40.480 --> 01:14:41.480]  Oh boy.
[01:14:41.480 --> 01:14:42.480]  Okay.
[01:14:42.480 --> 01:14:46.480]  It changes everything when you're the one going after them.
[01:14:46.480 --> 01:14:48.480]  Yeah.
[01:14:48.480 --> 01:14:51.480]  That's good to know that at least there is an avenue to go.
[01:14:51.480 --> 01:14:59.480]  And now to try to decipher it and get it straight in my mind, then obviously that's going to be a very big bonus for me.
[01:14:59.480 --> 01:15:00.480]  Okay.
[01:15:00.480 --> 01:15:01.480]  We are going to have to move along.
[01:15:01.480 --> 01:15:04.480]  My calling board is really stacking up.
[01:15:04.480 --> 01:15:05.480]  All right.
[01:15:05.480 --> 01:15:09.480]  Well, I appreciate you taking the call and giving me a little, at least a glimmer of hope.
[01:15:09.480 --> 01:15:12.480]  Now I got to get it ironed out and then underway.
[01:15:12.480 --> 01:15:13.480]  Okay.
[01:15:13.480 --> 01:15:14.480]  Okay.
[01:15:14.480 --> 01:15:15.480]  Thank you for calling.
[01:15:15.480 --> 01:15:21.480]  We're going to go to Francis in Colorado.
[01:15:21.480 --> 01:15:22.480]  Hello?
[01:15:22.480 --> 01:15:23.480]  Hello, Francis.
[01:15:23.480 --> 01:15:25.480]  Hey, Randy.
[01:15:25.480 --> 01:15:28.480]  What trouble have you got into now?
[01:15:28.480 --> 01:15:31.480]  Oh, I just need to contest a will.
[01:15:31.480 --> 01:15:33.480]  And I don't know how to go about that.
[01:15:33.480 --> 01:15:39.480]  And I'm assuming that I can't just say I can test it.
[01:15:39.480 --> 01:15:44.480]  I'm assuming that from the little research I have, and I was hoping you could help me out a little bit too, that you need to have reasons.
[01:15:44.480 --> 01:15:45.480]  Okay.
[01:15:45.480 --> 01:15:48.480]  Eddie, do you know anything about probate?
[01:15:48.480 --> 01:15:51.480]  I know a little bit about probate.
[01:15:51.480 --> 01:15:54.480]  I know absolutely nothing about probate.
[01:15:54.480 --> 01:15:59.480]  It depends upon how the will is set up as to how you need to go about challenging it.
[01:15:59.480 --> 01:16:08.480]  Some states have it set up where the will acts as a trust and so on and so forth, which affects the way the will can be changed and such.
[01:16:08.480 --> 01:16:12.480]  But in Colorado, I used to actually live in Colorado.
[01:16:12.480 --> 01:16:18.480]  So what exactly is it about the will you're wanting to argue?
[01:16:18.480 --> 01:16:19.480]  Okay.
[01:16:19.480 --> 01:16:23.480]  So the death was in Florida and it was a last minute will.
[01:16:23.480 --> 01:16:28.480]  My dad, it was my dad very far gone with Alzheimer's was not in his right mind.
[01:16:28.480 --> 01:16:33.480]  So one of the things I'd like to challenge is capacity.
[01:16:33.480 --> 01:16:34.480]  Okay.
[01:16:34.480 --> 01:16:35.480]  Hang on just a second.
[01:16:35.480 --> 01:16:36.480]  We're about to go to break.
[01:16:36.480 --> 01:16:39.480]  So we'll pick this up on the other side and discuss it more from there.
[01:16:39.480 --> 01:16:40.480]  All right, folks.
[01:16:40.480 --> 01:16:41.480]  Hang on, Francis.
[01:16:41.480 --> 01:16:42.480]  We'll be right back.
[01:16:42.480 --> 01:16:44.480]  This is rule of law radio.
[01:16:44.480 --> 01:16:48.480]  Call in number is 512-646-1984.
[01:16:48.480 --> 01:16:50.480]  Right now we do have a full color board.
[01:16:50.480 --> 01:16:52.480]  Danny, Carlos, Walt, Michelle, we see you there.
[01:16:52.480 --> 01:16:53.480]  So please hang on.
[01:16:53.480 --> 01:16:55.480]  We'll pick you up on the other side of the break.
[01:16:55.480 --> 01:16:57.480]  Everybody else get in line.
[01:16:57.480 --> 01:16:58.480]  Here we go.
[01:16:58.480 --> 01:17:27.480]  We'll be right back.
[01:17:28.480 --> 01:17:57.480]  We'll be right back.
[01:17:58.480 --> 01:18:24.480]  We'll be right back.
[01:18:24.480 --> 01:18:50.480]  We'll be right back.
[01:18:50.480 --> 01:19:17.480]  We'll be right back.
[01:19:17.480 --> 01:19:21.480]  All right, folks.
[01:19:21.480 --> 01:19:22.480]  We are back.
[01:19:22.480 --> 01:19:24.480]  This is rule of law radio.
[01:19:24.480 --> 01:19:30.480]  Once again, call in number is 512-646-1984.
[01:19:30.480 --> 01:19:36.480]  Right now we are talking to Francis in Colorado who has questions about challenging a will.
[01:19:36.480 --> 01:19:37.480]  Okay.
[01:19:37.480 --> 01:19:41.480]  Let's see if we can round this up for you, Francis.
[01:19:41.480 --> 01:19:48.480]  Now, as far as capacity, when did the Alzheimer's onset in your dad?
[01:19:48.480 --> 01:19:50.480]  A couple of years ago.
[01:19:50.480 --> 01:19:54.480]  And when was the will last updated?
[01:19:54.480 --> 01:19:58.480]  On the 9th of January of this year.
[01:19:58.480 --> 01:19:59.480]  Okay.
[01:19:59.480 --> 01:20:01.480]  Under what authority and by who?
[01:20:01.480 --> 01:20:04.480]  By my mother and my brother.
[01:20:04.480 --> 01:20:09.480]  And he was put into a home and I was called after that that he was put into a nursing home.
[01:20:09.480 --> 01:20:14.480]  Was he declared non-complimentous before that happened?
[01:20:14.480 --> 01:20:15.480]  You know, I don't know.
[01:20:15.480 --> 01:20:16.480]  I'm kind of out of the loop.
[01:20:16.480 --> 01:20:19.480]  I was out of the loop all my life.
[01:20:19.480 --> 01:20:25.480]  So I'm not completely sure, but I'm pretty sure he, I'm thinking he was on air except in some of these Alzheimer's drugs and things.
[01:20:25.480 --> 01:20:27.480]  Well, but that's not the question.
[01:20:27.480 --> 01:20:33.480]  Was he declared by a judge mentally incompetent and unable to handle his own affairs?
[01:20:33.480 --> 01:20:36.480]  I do not know that to be true.
[01:20:36.480 --> 01:20:44.480]  Okay. The other issue is whether or not he vested power of attorney in your mother or any other member of the family.
[01:20:44.480 --> 01:20:51.480]  If either of those things occurred, then they have control.
[01:20:51.480 --> 01:20:58.480]  The only issue becomes what state has control over the will.
[01:20:58.480 --> 01:21:08.480]  And the laws of that state will prevail as to how that will can be changed, who can be excluded, who can be included and so on and so forth.
[01:21:08.480 --> 01:21:11.480]  Okay.
[01:21:11.480 --> 01:21:15.480]  Those are the things you need to find out and research.
[01:21:15.480 --> 01:21:20.480]  Okay. So it doesn't make any difference that he's, that they changed the will.
[01:21:20.480 --> 01:21:28.480]  If they had power of attorney or had him declared mentally incompetent and unable and unable to manage the affairs himself.
[01:21:28.480 --> 01:21:33.480]  Well, now he, they had him sign the will.
[01:21:33.480 --> 01:21:37.480]  His signature is way off the line and that kind of stuff.
[01:21:37.480 --> 01:21:45.480]  So I think they actually had him sign the will in that, then you probably have a way of going about that.
[01:21:45.480 --> 01:21:56.480]  If you already know he has Alzheimer's and wasn't, I mean, the problem is, is you're going to have to have him declared mentally incompetent to have made that change.
[01:21:56.480 --> 01:21:59.480]  See, that's the problem.
[01:21:59.480 --> 01:22:05.480]  You're basically going to have to go after your own dad's reputation as far as being able to handle his business.
[01:22:05.480 --> 01:22:09.480]  If you're going to challenge the will on those grounds.
[01:22:09.480 --> 01:22:16.480]  Okay.
[01:22:16.480 --> 01:22:21.480]  You probably, you probably have some doctors and was he in a home?
[01:22:21.480 --> 01:22:25.480]  They put him in a home right as they were doing this last will.
[01:22:25.480 --> 01:22:30.480]  Okay. The home would have had an evaluation done.
[01:22:30.480 --> 01:22:33.480]  So you'll have an evaluation at the home.
[01:22:33.480 --> 01:22:42.480]  Most of the homes employ a psychologist to evaluate every time they get a client in, they have them evaluate.
[01:22:42.480 --> 01:22:46.480]  So there's going to be a current evaluation then.
[01:22:46.480 --> 01:22:52.480]  And if it shows Alzheimer's and mental incompetence, you may have what you need.
[01:22:52.480 --> 01:22:57.480]  Okay.
[01:22:57.480 --> 01:22:59.480]  I was deliberately not told into what the home was.
[01:22:59.480 --> 01:23:03.480]  Then the other thing was the trustee, my brother is the trustee.
[01:23:03.480 --> 01:23:07.480]  He also had the power of attorney and he's the administrator of the entire state.
[01:23:07.480 --> 01:23:10.480]  And the estate goes directly into a trust.
[01:23:10.480 --> 01:23:13.480]  And then my brother administrates it on my own.
[01:23:13.480 --> 01:23:14.480]  Okay.
[01:23:14.480 --> 01:23:23.480]  Then probate may not be the vehicle, probate may not have anything to do with it if the estate is already in a trust.
[01:23:23.480 --> 01:23:26.480]  No, they're putting in, this will puts it in a trust.
[01:23:26.480 --> 01:23:27.480]  Okay.
[01:23:27.480 --> 01:23:32.480]  And then it overrides the last will that he had, which would have been in the state of Virginia.
[01:23:32.480 --> 01:23:46.480]  Okay. You can most likely, if you can get the report from the home that he was in, the facility that he was in, and it says if he wasn't competent, you can most likely get this will cost.
[01:23:46.480 --> 01:23:47.480]  Okay.
[01:23:47.480 --> 01:23:58.480]  And since there was a will that was written by him when he was fully competent, and there's no question about him being fully competent at that point.
[01:23:58.480 --> 01:24:00.480]  And now we have one that's in question.
[01:24:00.480 --> 01:24:05.480]  We can, it'd be a relatively simple matter to back up to the prior will.
[01:24:05.480 --> 01:24:06.480]  Okay.
[01:24:06.480 --> 01:24:08.480]  Cool.
[01:24:08.480 --> 01:24:09.480]  Okay.
[01:24:09.480 --> 01:24:10.480]  Thank you.
[01:24:10.480 --> 01:24:11.480]  Thank you, Francis.
[01:24:11.480 --> 01:24:19.480]  Now we're going to go to Danny, where'd you go Danny? To Danny in Texas.
[01:24:19.480 --> 01:24:20.480]  Hello, Mr. Danny.
[01:24:20.480 --> 01:24:21.480]  It's been a while.
[01:24:21.480 --> 01:24:23.480]  Yeah, been a little while.
[01:24:23.480 --> 01:24:29.480]  Got a bit of a story to tell you that you probably find interesting.
[01:24:29.480 --> 01:24:37.480]  You know, somebody's called in before and I've been working with Christian in La Porte, some, you know, foreclosure problems and different things.
[01:24:37.480 --> 01:24:50.480]  Anyway, got the place that was foreclosed upon and different things happened and we did a lawsuit when I started taking eviction action and that stopped all that.
[01:24:50.480 --> 01:24:54.480]  What was the nature of the claim in the lawsuit?
[01:24:54.480 --> 01:25:02.480]  Well, it was, it was yours on the excessive payments they were having.
[01:25:02.480 --> 01:25:03.480]  Oh, okay.
[01:25:03.480 --> 01:25:04.480]  You've got the fees in there.
[01:25:04.480 --> 01:25:05.480]  Wonderful.
[01:25:05.480 --> 01:25:06.480]  What's that?
[01:25:06.480 --> 01:25:08.480]  I said, you've got the fees in there.
[01:25:08.480 --> 01:25:09.480]  That's wonderful.
[01:25:09.480 --> 01:25:10.480]  Yeah.
[01:25:10.480 --> 01:25:12.480]  But, but that's been dismissed.
[01:25:12.480 --> 01:25:21.480]  Basically, the judge there saying that we, we had sued the wrong parties by going after the attorneys who was, who were, you know, going, taking the action.
[01:25:21.480 --> 01:25:22.480]  Anyway, right now what?
[01:25:22.480 --> 01:25:23.480]  Okay.
[01:25:23.480 --> 01:25:24.480]  Hold on.
[01:25:24.480 --> 01:25:25.480]  Hold on.
[01:25:25.480 --> 01:25:32.480]  Did you file the, like the four-page suit, the one, the standing suit?
[01:25:32.480 --> 01:25:33.480]  No.
[01:25:33.480 --> 01:25:35.480]  That was before we were hearing about that.
[01:25:35.480 --> 01:25:36.480]  Oh, okay.
[01:25:36.480 --> 01:25:37.480]  Okay.
[01:25:37.480 --> 01:25:39.480]  All the calculations there and that.
[01:25:39.480 --> 01:25:40.480]  Okay.
[01:25:40.480 --> 01:25:53.480]  Anyway, you know, things seem to be kind of suspended now, even though, you know, the banks are just not moving too much on foreclosures if people don't voluntarily move at times.
[01:25:53.480 --> 01:26:06.480]  So you've got a son and a daughter-in-law in this place and since about last August or so, you know, it's, that first got a rip off that for eviction.
[01:26:06.480 --> 01:26:08.480]  The lawsuit stopped that.
[01:26:08.480 --> 01:26:16.480]  But here recently, just this week, had some guy come out there with a badge.
[01:26:16.480 --> 01:26:26.480]  I think they said with a t-shirt on, a badge on his belt and a gun and saying he had some papers and they needed to get out of there.
[01:26:26.480 --> 01:26:33.480]  You know, he's just saving them from having their kids see them dragged out, da-da-da, one thing or another.
[01:26:33.480 --> 01:26:38.480]  And, you know, scaring them about half to death.
[01:26:38.480 --> 01:26:39.480]  Okay.
[01:26:39.480 --> 01:26:42.480]  Does it have his name?
[01:26:42.480 --> 01:26:43.480]  No.
[01:26:43.480 --> 01:26:53.480]  He said it's girls Mexican and she was the one there mostly and she doesn't speak English very much and just sees the guy with the gun and the badge.
[01:26:53.480 --> 01:27:01.480]  But son, the son did seem up there at one time and said he's telling them some stories about how, well, you know, different things.
[01:27:01.480 --> 01:27:05.480]  He had seen somebody blow their brains out in front of him there before.
[01:27:05.480 --> 01:27:16.480]  Anyway, the big thing is that I didn't go check the constable's office and the court clerk and they're both saying there's not any kind of order right now.
[01:27:16.480 --> 01:27:27.480]  There was one, but he got returned to the court as expired, returned back about the 23rd of January and now this guy's showing up.
[01:27:27.480 --> 01:27:31.480]  So this is real, this is a really big deal.
[01:27:31.480 --> 01:27:32.480]  Yeah.
[01:27:32.480 --> 01:27:35.480]  Somebody's showing up with a loaded pistol on their hip.
[01:27:35.480 --> 01:27:38.480]  That is a really, really big deal.
[01:27:38.480 --> 01:27:48.480]  Do these, do these people have a late model smartphone or a phone with a photo with a camera on it?
[01:27:48.480 --> 01:27:49.480]  Yeah.
[01:27:49.480 --> 01:27:55.480]  Well, I was suggesting that to him, but I don't think they've got any pictures because it did show back up after I gave that suggestion.
[01:27:55.480 --> 01:28:03.480]  But she did record some audio recording of things that were being said.
[01:28:03.480 --> 01:28:05.480]  Wonderful.
[01:28:05.480 --> 01:28:11.480]  They need to take that to the sheriff's department and ask the sheriff, who is this guy?
[01:28:11.480 --> 01:28:15.480]  Do they live in a municipality?
[01:28:15.480 --> 01:28:17.480]  Well, I'm not sure.
[01:28:17.480 --> 01:28:27.480]  It's kind of, it's not just, you're Houston and then the county, the same county as Houston, but I don't know if it's a different...
[01:28:27.480 --> 01:28:32.480]  If it's in city limits, is it out in the country?
[01:28:32.480 --> 01:28:34.480]  Well, I haven't been there, so I'm not sure.
[01:28:34.480 --> 01:28:35.480]  Okay.
[01:28:35.480 --> 01:28:41.480]  If it's in city limits, go to the city police department, play that for someone there and ask them who it is.
[01:28:41.480 --> 01:28:45.480]  If not, go to the sheriff's department and ask them who it is.
[01:28:45.480 --> 01:28:52.480]  This guy's coming out there with his gun on his hips and he's making threatening statements.
[01:28:52.480 --> 01:28:57.480]  You want to know who he is and what his authority is?
[01:28:57.480 --> 01:29:09.480]  Because anytime a police officer approaches me or someone with a pistol, no matter who they are, and they take an aggressive stance,
[01:29:09.480 --> 01:29:15.480]  I consider that aggravated assault, so they better be able to show that they have authority to do it.
[01:29:15.480 --> 01:29:23.480]  And if he's coming out here telling these kind of stories, he is intentionally trying to threaten and intimidate.
[01:29:23.480 --> 01:29:27.480]  And that'll get him put in jail.
[01:29:27.480 --> 01:29:41.480]  What you can do, what you might do, is consider that whoever the law firm is, it's defending the case that he sent him out there and filed against the law firm.
[01:29:41.480 --> 01:29:43.480]  That case is going right now.
[01:29:43.480 --> 01:29:45.480]  Okay, hold on just a minute.
[01:29:45.480 --> 01:29:46.480]  We're about to go to break this.
[01:29:46.480 --> 01:29:47.480]  Ready to count them, Steve?
[01:29:47.480 --> 01:29:48.480]  We did a great.
[01:29:48.480 --> 01:29:50.480]  We're really live radio.
[01:29:50.480 --> 01:30:00.480]  You'll be right back on the other side.
[01:30:00.480 --> 01:30:07.480]  A Noble Lie, Oklahoma City, 1995 will change forever the way you look at the true nature of terrorism.
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[01:30:14.480 --> 01:30:18.480]  The decision was made not to pursue any more of those individuals.
[01:30:18.480 --> 01:30:23.480]  Some of these columns were ripped up, shredded, tossed around.
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[01:32:24.480 --> 01:32:32.480]  Okay, we're back. Randy Kelton and Debbie Steeve and Dr. Craig. We have no radio.
[01:32:36.480 --> 01:32:40.480]  Looks like Jerry wants to sing again.
[01:32:40.480 --> 01:32:44.480]  Okay, we're talking to Danny in Texas.
[01:32:44.480 --> 01:32:48.480]  You said there wasn't a case going on at the moment?
[01:32:48.480 --> 01:32:51.480]  No, I got dismissed.
[01:32:51.480 --> 01:32:55.480]  Oh, okay, so there's no case at all.
[01:32:55.480 --> 01:33:00.480]  Did you get dismissed with prejudice?
[01:33:00.480 --> 01:33:06.480]  No. The judge basically said that we had to go to the wrong party.
[01:33:06.480 --> 01:33:12.480]  Okay, I suggest you go back with our original suit.
[01:33:12.480 --> 01:33:23.480]  And sue the lawyer, and only the lawyer, this makes a claim against him under FDCPA.
[01:33:23.480 --> 01:33:30.480]  And this is actually in the main suit, but it's not, it's clearly defined.
[01:33:30.480 --> 01:33:32.480]  That's who we sued.
[01:33:32.480 --> 01:33:34.480]  Wait, what?
[01:33:34.480 --> 01:33:36.480]  That's who we sued with the bars.
[01:33:36.480 --> 01:33:43.480]  Yes, let's go back and re-sue the lawyer and make no claim about the note.
[01:33:43.480 --> 01:33:50.480]  We maintained to the court that in the original pleading, well, since it was dismissed,
[01:33:50.480 --> 01:33:56.480]  the original pleading, he was right, we shouldn't have made all those claims.
[01:33:56.480 --> 01:34:06.480]  Because we don't know that the note that they're collecting on is the same one we think it is.
[01:34:06.480 --> 01:34:16.480]  And we don't know what he's trying to collect on, so we want him to prove up his exactly which note he's referring to.
[01:34:16.480 --> 01:34:20.480]  This goes back to stipulating to nothing.
[01:34:20.480 --> 01:34:26.480]  Since they threw out your whole suit, they threw out any stipulation that might have been in there.
[01:34:26.480 --> 01:34:39.480]  So go back and sue the law firm claiming that they're making a claim that they don't have authority to enforce.
[01:34:39.480 --> 01:34:41.480]  Okay.
[01:34:41.480 --> 01:34:49.480]  So the only issue there is proof that they have standing to sue.
[01:34:49.480 --> 01:34:55.480]  Well, that attorneys had a valid client.
[01:34:55.480 --> 01:35:04.480]  That the attorneys are a proper agent for a true holder of the note.
[01:35:04.480 --> 01:35:11.480]  And we maintained that prior to initiating the action.
[01:35:11.480 --> 01:35:21.480]  The lawyer had a duty to ensure the veracity of his client as he could not rely on the statements of his client.
[01:35:21.480 --> 01:35:26.480]  He had to test the accuracy himself before he made the claims.
[01:35:26.480 --> 01:35:40.480]  So therefore, the lawyer has already taken steps to ensure that this client who claims to be the proper holder actually is.
[01:35:40.480 --> 01:35:50.480]  So all we're asking for is the evidence that the lawyer has to show that his client has authority to do what he's done.
[01:35:50.480 --> 01:35:54.480]  So this is not hard because he's already got this information.
[01:35:54.480 --> 01:35:59.480]  And all we're asking him to do is show us what he already has.
[01:35:59.480 --> 01:36:07.480]  Well, what he should already have, but he almost certainly does not.
[01:36:07.480 --> 01:36:10.480]  That's what I would suggest.
[01:36:10.480 --> 01:36:11.480]  Okay.
[01:36:11.480 --> 01:36:13.480]  Well, yeah, it sounds good to sue.
[01:36:13.480 --> 01:36:17.480]  I was also thinking about, you know, complaints on this action.
[01:36:17.480 --> 01:36:20.480]  Not only go to the sheriff or constable.
[01:36:20.480 --> 01:36:21.480]  Well, it's constable's office.
[01:36:21.480 --> 01:36:24.480]  It should be doing this kind of thing.
[01:36:24.480 --> 01:36:27.480]  But, you know, something against him.
[01:36:27.480 --> 01:36:31.480]  But also, you know, the guy was talking about the bank was going to take it.
[01:36:31.480 --> 01:36:37.480]  So he's an agent of the bank and make a criminal complaint back against the bank.
[01:36:37.480 --> 01:36:41.480]  Take it to the constables, take the recording.
[01:36:41.480 --> 01:36:46.480]  Unless he comes back and you get a photo and see if they can identify him.
[01:36:46.480 --> 01:36:51.480]  If they can't say they can't, they don't know who this is.
[01:36:51.480 --> 01:36:53.480]  Wonderful.
[01:36:53.480 --> 01:37:03.480]  And then you make the claim against the bank because he made statements that indicated he was acting at the toward the benefit of the bank.
[01:37:03.480 --> 01:37:09.480]  You can presume that this lawyer sent him out there.
[01:37:09.480 --> 01:37:15.480]  Bargreaves the lawyer and let the lawyer come in and say he didn't have anything to do with it.
[01:37:15.480 --> 01:37:17.480]  Well, who did?
[01:37:17.480 --> 01:37:22.480]  And this is something I take criminal.
[01:37:22.480 --> 01:37:24.480]  Maybe it's just me.
[01:37:24.480 --> 01:37:30.480]  I'm a combat veteran and I have spent some time on the sharp end of those things.
[01:37:30.480 --> 01:37:41.480]  And from my perspective, when somebody straps a pistol on his hip, he takes on a tremendous responsibility.
[01:37:41.480 --> 01:37:47.480]  And he better be extremely careful.
[01:37:47.480 --> 01:37:54.480]  So I suspect the grand jury will look at it that way as well.
[01:37:54.480 --> 01:38:04.480]  And at least no matter how they look at it, when you start going after this criminally, you're going to get everybody's attention.
[01:38:04.480 --> 01:38:11.480]  Have you looked at the documentation in the court record in the county registrar's office?
[01:38:11.480 --> 01:38:14.480]  Well, which documentation?
[01:38:14.480 --> 01:38:21.480]  All the records on this property in the county registrar's office.
[01:38:21.480 --> 01:38:28.480]  Leans, lead of trust, the warranty deeds, substitute trustee.
[01:38:28.480 --> 01:38:34.480]  If they foreclose, they had to have a substitute trustee's deed filed in the case.
[01:38:34.480 --> 01:38:39.480]  If they file an assignment of substitute trustee.
[01:38:39.480 --> 01:38:42.480]  I imagine not, but we haven't actually looked at that.
[01:38:42.480 --> 01:38:45.480]  We have never seen one in a Texas filing.
[01:38:45.480 --> 01:38:52.480]  So you have, you most likely have a deed of trust that names a trustee.
[01:38:52.480 --> 01:38:57.480]  The one who foreclosed is not going to be the same name.
[01:38:57.480 --> 01:39:01.480]  Almost certainly is not going to be the same name.
[01:39:01.480 --> 01:39:08.480]  So there must be a filing of assignment of trustee from the record.
[01:39:08.480 --> 01:39:13.480]  It has an established that he has authority to act.
[01:39:13.480 --> 01:39:17.480]  And that goes to subject matter jurisdiction.
[01:39:17.480 --> 01:39:22.480]  Can be raised no matter how remote in history.
[01:39:22.480 --> 01:39:26.480]  So you go back and look at that.
[01:39:26.480 --> 01:39:29.480]  You'll see, you'll look at the name on the lien.
[01:39:29.480 --> 01:39:32.480]  It's going to be the original lender.
[01:39:32.480 --> 01:39:39.480]  The address is represented there, then we need to go into Edgar's system
[01:39:39.480 --> 01:39:44.480]  and look up the property in Edgar's computer.
[01:39:44.480 --> 01:39:48.480]  That's the Secures Exchange Commission computers for those out there who don't know.
[01:39:48.480 --> 01:39:52.480]  If you go to the SEC, they'll have a link to Edgar.
[01:39:52.480 --> 01:40:03.480]  And you can put in the name and address of the person who took out the loan.
[01:40:03.480 --> 01:40:08.480]  And it'll find that loan and tell you what trust it's in.
[01:40:08.480 --> 01:40:14.480]  And if it tells you that it's in a trust, then there's some things you know.
[01:40:14.480 --> 01:40:22.480]  You know that the security instrument was negotiated at least three times
[01:40:22.480 --> 01:40:27.480]  into the holdership of at least three different entities
[01:40:27.480 --> 01:40:35.480]  before it got to the Pooling Service Trust.
[01:40:35.480 --> 01:40:40.480]  Are those registered in the court record?
[01:40:40.480 --> 01:40:49.480]  They are one of those alleged holders, the ones who assigned the trustee,
[01:40:49.480 --> 01:40:54.480]  the substitute trustee, assuming the substitute trustee was assigned.
[01:40:54.480 --> 01:40:58.480]  If there's nothing in the court record, then there's not one.
[01:40:58.480 --> 01:41:05.480]  And the property code says that a lien is not valid until it's properly filed with the court.
[01:41:05.480 --> 01:41:09.480]  So they come and file a trustee deed in the form of a lien.
[01:41:09.480 --> 01:41:16.480]  But there's no supporting document showing that they had any authority to file that lien.
[01:41:16.480 --> 01:41:23.480]  The notes in there, but the notes written to somebody else doesn't have these people's names on it.
[01:41:23.480 --> 01:41:29.480]  There's a deed of trust in there, but it's got somebody else's name on it, not it is.
[01:41:29.480 --> 01:41:34.480]  I can't go down to the court and look in the record and say,
[01:41:34.480 --> 01:41:40.480]  oh, this guy's got a deed of trust here issued by Wells Fargo.
[01:41:40.480 --> 01:41:48.480]  I think I'll go collect the money for Wells Fargo and just file my paperwork and start collecting.
[01:41:48.480 --> 01:41:52.480]  That's essentially what they're doing.
[01:41:52.480 --> 01:41:55.480]  So he has to be able to prove up his position.
[01:41:55.480 --> 01:42:01.480]  So that is exactly what this suit goes to.
[01:42:01.480 --> 01:42:04.480]  Does that make sense, Danny?
[01:42:04.480 --> 01:42:06.480]  Yeah.
[01:42:06.480 --> 01:42:08.480]  I'm not always sure.
[01:42:08.480 --> 01:42:15.480]  I spend all my time researching and sometimes I've got so much stuff running around up here in my head
[01:42:15.480 --> 01:42:17.480]  and I start gushing it out.
[01:42:17.480 --> 01:42:22.480]  Sometimes it makes sense, sometimes it don't.
[01:42:22.480 --> 01:42:29.480]  I was thinking about when I can go get this recording to take notes from, but yeah.
[01:42:29.480 --> 01:42:34.480]  So have you got a smartphone?
[01:42:34.480 --> 01:42:37.480]  Oh, I have got an iPhone.
[01:42:37.480 --> 01:42:41.480]  I had it for an AT&T account that I shut down.
[01:42:41.480 --> 01:42:44.480]  So I can't use it.
[01:42:44.480 --> 01:42:47.480]  Last time I went to court, I took that with me.
[01:42:47.480 --> 01:42:51.480]  It makes really good recordings.
[01:42:51.480 --> 01:42:55.480]  And I was capturing some legal documents.
[01:42:55.480 --> 01:43:01.480]  I took a photograph of the legal document with that thing and just feed it right into the computer.
[01:43:01.480 --> 01:43:03.480]  That was great.
[01:43:03.480 --> 01:43:09.480]  I got 80 sets of documents in about 10 minutes.
[01:43:09.480 --> 01:43:15.480]  I was going through all the notes of foreclosure and I just flipped the page and clicked, flipped the page and clicked.
[01:43:15.480 --> 01:43:20.480]  And it made a better document than my scanner did.
[01:43:20.480 --> 01:43:26.480]  It really made a nice document and you can take those if you need the copy.
[01:43:26.480 --> 01:43:34.480]  You can pull it up into Photoshop, resize it to the size of an 8.5x14 and print that puppy out.
[01:43:34.480 --> 01:43:36.480]  That was a little bit your camera.
[01:43:36.480 --> 01:43:37.480]  Okay.
[01:43:37.480 --> 01:43:39.480]  Do you have any more questions?
[01:43:39.480 --> 01:43:42.480]  Well, not really.
[01:43:42.480 --> 01:43:44.480]  I had some things that I wasn't going to pick up.
[01:43:44.480 --> 01:43:50.480]  Okay, okay, we're about to go to the break and I'll pick you up on the other side.
[01:43:50.480 --> 01:43:53.480]  Then we're going to go to Carlos and Walton, New York.
[01:43:53.480 --> 01:43:54.480]  This is Randy Kelton.
[01:43:54.480 --> 01:43:55.480]  This is David Craig.
[01:43:55.480 --> 01:44:24.480]  We'll be right back.
[01:44:25.480 --> 01:44:51.480]  Thank you very much.
[01:44:51.480 --> 01:45:01.480]  Thank you very much.
[01:45:21.480 --> 01:45:31.480]  Thank you very much.
[01:45:51.480 --> 01:46:01.480]  And much more, please visit ruleoflawradio.com and click on the banner or call toll free 866-LAW-EZ.
[01:46:21.480 --> 01:46:31.480]  Thank you very much.
[01:46:31.480 --> 01:46:32.480]  Okay, we're back.
[01:46:32.480 --> 01:46:38.480]  Then we're talking to Dan in Texas.
[01:46:38.480 --> 01:46:39.480]  Dan in Texas.
[01:46:39.480 --> 01:46:43.480]  You had some more issues there?
[01:46:43.480 --> 01:46:46.480]  Well, just some things for Eddie.
[01:46:46.480 --> 01:46:48.480]  I was going to call him sometime back.
[01:46:48.480 --> 01:46:56.480]  I had a guest speaker in and it wasn't quite the topic, but his big thing is on the procedures
[01:46:56.480 --> 01:46:59.480]  and things, the traffic work and stuff.
[01:46:59.480 --> 01:47:04.480]  And actually, there's another set of procedures available there and I think there's one more
[01:47:04.480 --> 01:47:09.480]  thing that may be needed to slap down presumptions that are in place.
[01:47:09.480 --> 01:47:12.480]  And that is Chapter 17A.
[01:47:12.480 --> 01:47:16.480]  It says it's for corporations and associations.
[01:47:16.480 --> 01:47:19.480]  Wait, Chapter 17A of what?
[01:47:19.480 --> 01:47:24.480]  Code of criminal procedure.
[01:47:24.480 --> 01:47:26.480]  Okay, what about it?
[01:47:26.480 --> 01:47:30.480]  Chapter 17 code of criminal procedure goes to bail.
[01:47:30.480 --> 01:47:32.480]  No, 17A.
[01:47:32.480 --> 01:47:33.480]  No, okay.
[01:47:33.480 --> 01:47:34.480]  Oh, that's right.
[01:47:34.480 --> 01:47:35.480]  Okay, okay.
[01:47:35.480 --> 01:47:37.480]  Go ahead.
[01:47:37.480 --> 01:47:42.480]  Yeah, it says it's for corporations and then in there it has the only definition of person
[01:47:42.480 --> 01:47:49.480]  that is for corporation or association and you go down to the procedures, it's just like
[01:47:49.480 --> 01:47:55.480]  what we get when we go to court except it says he called the court by corporation or association
[01:47:55.480 --> 01:47:57.480]  and called the court by summits.
[01:47:57.480 --> 01:48:03.480]  Well, if somehow they make the ticket to be like a summits or somehow they're just jumping
[01:48:03.480 --> 01:48:05.480]  in there.
[01:48:05.480 --> 01:48:12.480]  Well, I'm going into details right now in this new book over exactly what they're doing
[01:48:12.480 --> 01:48:16.480]  and exactly where it violates due process and the procedures that they're doing.
[01:48:16.480 --> 01:48:25.480]  I just finished actually doing a preliminary roadmap of every point in the procedure exactly
[01:48:25.480 --> 01:48:31.480]  what statutes are being invoked and what code they're in, whether it be transportation
[01:48:31.480 --> 01:48:36.480]  statute versus a code of criminal procedure statute versus a government code statute,
[01:48:36.480 --> 01:48:39.480]  so on and so forth.
[01:48:39.480 --> 01:48:47.480]  I'm trying to map out each statute individually to the actions that it relates to in the process.
[01:48:47.480 --> 01:48:53.480]  Now, 17A, I don't see how you're going to get there.
[01:48:53.480 --> 01:48:57.480]  I know it goes more in line with what they're doing.
[01:48:57.480 --> 01:49:05.480]  The problem is, is they're doing absolutely nothing right and because they're doing nothing
[01:49:05.480 --> 01:49:11.480]  right, we need to be even more careful about how we're asserting what they're doing.
[01:49:11.480 --> 01:49:15.480]  They're doing what they think is the right procedure.
[01:49:15.480 --> 01:49:21.480]  Unfortunately, what they think and what the law says is completely different.
[01:49:21.480 --> 01:49:27.480]  The problem here is they've done it by word of mouth rather than by reading the law.
[01:49:27.480 --> 01:49:34.480]  They've each one devised their own method of doing things within their little domain
[01:49:34.480 --> 01:49:41.480]  and none of them have taken any interest in reading the law to see what it says they're supposed to do.
[01:49:41.480 --> 01:49:48.480]  Now, on top of that, you have this agency which is called the TMCEC.
[01:49:48.480 --> 01:49:52.480]  The Texas Municipal Courts Education Center.
[01:49:52.480 --> 01:49:56.480]  Guess who is in charge of that and who made it up?
[01:49:56.480 --> 01:50:02.480]  The appellate court judges created the TMCEC.
[01:50:02.480 --> 01:50:08.480]  They fund it, they are the people that put the rules in place on how it works
[01:50:08.480 --> 01:50:15.480]  and it is populated entirely by the miscreants that are doing things wrong in their own courts.
[01:50:15.480 --> 01:50:21.480]  In other words, the people giving advice to everybody else are the total screw-ups that are already doing it wrong,
[01:50:21.480 --> 01:50:29.480]  which are the other municipal judges and other municipal prosecutors and other municipal clerks.
[01:50:29.480 --> 01:50:37.480]  So you have the blind leading the blind and the ignorant educating the even more ignorant.
[01:50:37.480 --> 01:50:40.480]  That's problem number one.
[01:50:40.480 --> 01:50:45.480]  So what we have to do and I'm not trying to argue with you Danny in any way shape or form,
[01:50:45.480 --> 01:50:50.480]  I'm just trying to point out that through the things that I've read, I see what they're doing.
[01:50:50.480 --> 01:50:57.480]  The problem is, is they're never going to the right spot to see for themselves what they're supposed to be doing.
[01:50:57.480 --> 01:51:07.480]  And in this roadmap, I go through it, the procedures that they're doing are completely intentionally geared
[01:51:07.480 --> 01:51:13.480]  in the way the statutes are written to circumvent the right of due process.
[01:51:13.480 --> 01:51:25.480]  At every turn, the actual legislative intent is to short circuit the due process procedures of people in these particular courts.
[01:51:25.480 --> 01:51:29.480]  It's not the courts alone that are doing this.
[01:51:29.480 --> 01:51:37.480]  The legislature went pale male down that road of saying, just take their money. We're not going to give them due process.
[01:51:37.480 --> 01:51:42.480]  And here's the statutes you can use to say you don't have to.
[01:51:42.480 --> 01:51:53.480]  Well, Danny brought up an interesting point about Chapter 17A going to the person as a corporation.
[01:51:53.480 --> 01:51:56.480]  Will you expand on that Danny?
[01:51:56.480 --> 01:52:02.480]  Yeah, well, that's the only place that there's a definition of person instead of corporation association.
[01:52:02.480 --> 01:52:07.480]  And then you get down to 17A.02 says, allegation of a name.
[01:52:07.480 --> 01:52:15.480]  It says, alleging the name of a defendant corporation is sufficient to state in the complaint and type or information of corporate name,
[01:52:15.480 --> 01:52:21.480]  or to state any name or designation by which the corporation is known or may be identified.
[01:52:21.480 --> 01:52:26.480]  It is not necessary to allege that the defendant was lawfully incorporated.
[01:52:26.480 --> 01:52:30.480]  So to me, that's the presumption.
[01:52:30.480 --> 01:52:38.480]  They're stating the presumption right there. They don't have, you know, if that's the only person that they can deal with and they've got a name
[01:52:38.480 --> 01:52:45.480]  and they don't have to state that it's lawfully incorporated, it's just presumed that whatever's there is a corporation.
[01:52:45.480 --> 01:52:51.480]  Okay, wait a minute. Where are you getting the presumption that that's the only person they can deal with?
[01:52:51.480 --> 01:52:55.480]  Definition of person.
[01:52:55.480 --> 01:53:02.480]  Okay, person here just says he and him, person he and him include corporation and association.
[01:53:02.480 --> 01:53:10.480]  Where are you seeing an actual definition of person?
[01:53:10.480 --> 01:53:12.480]  That's the definition.
[01:53:12.480 --> 01:53:17.480]  Wait, Eddie, hold on. That's not where he was going, I don't think.
[01:53:17.480 --> 01:53:24.480]  I think you were going to the implication of what that meant.
[01:53:24.480 --> 01:53:40.480]  You said about the, in naming a corporation, they can name, can they name any individual in the corporation or just the name the corporation itself as the person?
[01:53:40.480 --> 01:53:50.480]  They have to name an agent according to this, which can be a director, officer, employee, or other person authorized to act on behalf of a corporation or association.
[01:53:50.480 --> 01:54:00.480]  Okay, so what they're saying was that when they name that agent, they don't have to call that agent a corporation.
[01:54:00.480 --> 01:54:09.480]  They're just naming the agent. They're doing it under the auspices of him being a corporation, but they don't have to say that.
[01:54:09.480 --> 01:54:18.480]  And so when they file against you for driving a vehicle in commerce, they're naming you as a corporation.
[01:54:18.480 --> 01:54:24.480]  They don't have to say the corporation, Randy Kelton. They just have to say Randy Kelton.
[01:54:24.480 --> 01:54:27.480]  Was that the point you were making, Dan?
[01:54:27.480 --> 01:54:30.480]  No, I understand that's the point he's making.
[01:54:30.480 --> 01:54:36.480]  What I'm asking is, where is your evidentiary proof that these are the procedures they're following?
[01:54:36.480 --> 01:54:42.480]  Where are you seeing where they're going to anything in 17A?
[01:54:42.480 --> 01:54:44.480]  What is the evidence?
[01:54:44.480 --> 01:54:55.480]  He didn't say they were going to anything in 17A. He was saying, this is what 17A says.
[01:54:55.480 --> 01:55:02.480]  He wasn't citing the specific circumstance with someone who did this in that capacity.
[01:55:02.480 --> 01:55:03.480]  Go ahead, Danny.
[01:55:03.480 --> 01:55:11.480]  This seems to fit. What you see happening going down to 178106 was talking about appearance.
[01:55:11.480 --> 01:55:21.480]  It has there that the appearance is for purpose of arraignment, or if it's an justice or municipal court, it's for entering a plea.
[01:55:21.480 --> 01:55:26.480]  And when you go in for a traffic ticket, that's the first thing they want, is you to plea.
[01:55:26.480 --> 01:55:30.480]  Yeah, but look, okay.
[01:55:30.480 --> 01:55:34.480]  So you're saying under 17A, they can do that?
[01:55:34.480 --> 01:55:35.480]  Yeah.
[01:55:35.480 --> 01:55:51.480]  So if they do that and they bring you in for an arraignment or entering a plea instead of an examining trial, then operating under 17A.
[01:55:51.480 --> 01:55:52.480]  Right.
[01:55:52.480 --> 01:55:56.480]  So they're treating these corporations. That makes sense, Eddie.
[01:55:56.480 --> 01:56:01.480]  It can make sense if you can show this is where they're going.
[01:56:01.480 --> 01:56:14.480]  The problem here is that there is an overall definition for person in chapter 311 of the government code, which specifically states that it applies to every code, every code,
[01:56:14.480 --> 01:56:20.480]  unless there is a local provision that changes the definition.
[01:56:20.480 --> 01:56:22.480]  There isn't one here.
[01:56:22.480 --> 01:56:25.480]  Yes, there is 17A. Just to find it.
[01:56:25.480 --> 01:56:27.480]  No, it doesn't.
[01:56:27.480 --> 01:56:29.480]  You're saying that, okay, hold on.
[01:56:29.480 --> 01:56:31.480]  I'm reading it. Let me finish.
[01:56:31.480 --> 01:56:32.480]  Okay.
[01:56:32.480 --> 01:56:39.480]  In the definitions, it has the term agent. It has association. It has high managerial agent.
[01:56:39.480 --> 01:56:40.480]  Hold on.
[01:56:40.480 --> 01:56:41.480]  Hold on.
[01:56:41.480 --> 01:56:42.480]  Hold on.
[01:56:42.480 --> 01:56:43.480]  It says in the...
[01:56:43.480 --> 01:56:48.480]  Which definition? Government code, Code of Criminal Procedure, which one you talking about?
[01:56:48.480 --> 01:56:51.480]  I'm reaching 17A, Code of Criminal Procedure.
[01:56:51.480 --> 01:56:58.480]  These are the words that are in parentheses here for the purpose of defining them, okay?
[01:56:58.480 --> 01:57:13.480]  The only usage of person here is that in the text of the statute, if it says person, he, and him, then those terms include corporation and association.
[01:57:13.480 --> 01:57:17.480]  It doesn't give a definition of person.
[01:57:17.480 --> 01:57:25.480]  It just says when that term is used, these terms are also included within it.
[01:57:25.480 --> 01:57:28.480]  Oh, okay. That's a whole different issue then.
[01:57:28.480 --> 01:57:32.480]  That's not a definition of person.
[01:57:32.480 --> 01:57:36.480]  That's just a caveat.
[01:57:36.480 --> 01:57:46.480]  So you don't have to say the corporation's name because English is not really good in that particular context.
[01:57:46.480 --> 01:57:51.480]  When we're talking about an entity, we don't really have the right terms for it.
[01:57:51.480 --> 01:58:01.480]  So they're saying you can use he or she when you're talking about a corporation and they will have the same effect as if you put in the corporation's name.
[01:58:01.480 --> 01:58:02.480]  Is that where you're going?
[01:58:02.480 --> 01:58:05.480]  Well, the problem here is, is for is redundant.
[01:58:05.480 --> 01:58:07.480]  That he and him, fine.
[01:58:07.480 --> 01:58:17.480]  But to use person is redundant because Chapter 311 already puts corporation and association within the definition of person.
[01:58:17.480 --> 01:58:24.480]  Chapter 311 doesn't apply here except with Title II of the United States.
[01:58:24.480 --> 01:58:26.480]  Okay, hang on just a second.
[01:58:26.480 --> 01:58:29.480]  We're going to go to break, Danny. We'll pick that up on the other side.
[01:58:29.480 --> 01:58:31.480]  Okay, folks, this is Rule of Law Radio.
[01:58:31.480 --> 01:58:38.480]  Call in number is 512-646-1984. We'll be right back on the other side of the break.
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