ROL_2012-03-30_16k_Hr3-4.timecode

[00:00.000 --> 00:05.000]  Could printed books soon be a thing of the past?
[00:05.000 --> 00:10.000]  Apparently a lot of kids these days are exchanging book pages for web pages.
[00:10.000 --> 00:14.000]  I'm Dr. Catherine Albrecht and I'll be back to tell you what's happening to literacy.
[00:14.000 --> 00:16.000]  Privacy is under attack.
[00:16.000 --> 00:20.000]  When you give up data about yourself, you'll never get it back again.
[00:20.000 --> 00:24.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[00:24.000 --> 00:26.000]  So protect your rights.
[00:26.000 --> 00:29.000]  Say no to surveillance and keep your information to yourself.
[00:29.000 --> 00:32.000]  Privacy, it's worth hanging on to.
[00:32.000 --> 00:35.000]  This public service announcement is brought to you by StartPage.com,
[00:35.000 --> 00:39.000]  the private search engine alternative to Google, Yahoo, and Bing.
[00:39.000 --> 00:56.000]  Forget books and magazines. A recent study by the UK's National Literacy Trust found that text messages are the number one reading material for kids today, and numbers two and three are e-mail and Facebook.
[00:56.000 --> 01:01.000]  That's not surprising since cell phones and computers outnumber novels in most homes.
[01:01.000 --> 01:10.000]  Adults are obviously not setting a very good example. Of course, text messages are not known for their literary quality or for their outstanding spelling and grammar.
[01:10.000 --> 01:13.000]  In fact, there's some of the worst writing around.
[01:13.000 --> 01:16.000]  So if you want your kids to develop basic English skills,
[01:16.000 --> 01:21.000]  tell them to unplug from Facebook and turn off Twitter, then hand them an old-fashioned book.
[01:21.000 --> 01:32.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:32.000 --> 01:37.000]  Childhood obesity is a hefty problem, but we don't need bureaucrats to solve it.
[01:37.000 --> 01:41.000]  Parents can help kids maintain a healthy weight by simply sitting down to meals with them.
[01:41.000 --> 01:46.000]  I'm Dr. Catherine Albrecht, and I'll be back with the benefits of breaking bread with your children.
[01:46.000 --> 01:51.000]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[01:51.000 --> 01:56.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:56.000 --> 02:01.000]  So protect your rights, say no to surveillance, and keep your information to yourself.
[02:01.000 --> 02:04.000]  Privacy, it's worth hanging on to.
[02:04.000 --> 02:11.000]  This public service announcement is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing.
[02:11.000 --> 02:15.000]  Start over with StartPage.
[02:15.000 --> 02:20.000]  The family that prays together stays together. We've all heard that, and studies show it's true.
[02:20.000 --> 02:26.000]  But there's another family activity that can help kids avoid obesity and eating disorders, sitting down to family meals.
[02:26.000 --> 02:32.000]  Research shows that when families eat meals together, kids are less likely to be overweight or pick out on junk food.
[02:32.000 --> 02:38.000]  Plus they have 34% fewer eating disorders. They also consume healthier foods like fruits and vegetables.
[02:38.000 --> 02:47.000]  Amazingly, it takes just three sit-down meals a week to see the benefits. So take the time to prepare a nutritious family meal and serve lots of veggies.
[02:47.000 --> 02:51.000]  This is a good example for the kids, and your own health may improve as well.
[02:51.000 --> 02:56.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[02:56.000 --> 03:03.000]  You're listening to the Logos Radio Network at www.logosradionetwork.com
[03:03.000 --> 03:10.000]  You're listening to the Logos Radio Network at www.logosradionetwork.com
[03:10.000 --> 03:23.000]  Music
[03:23.000 --> 03:28.000]  OK, we're back. Randy Kelpman, David Stevens, Eddie Craig, and we're on the radio.
[03:28.000 --> 03:39.000]  We're talking to Leslie in Pennsylvania about Murray's and the possibility of a bankruptcy and the ramifications if that were to happen.
[03:39.000 --> 03:45.000]  Have you read the whole piece, Leslie?
[03:45.000 --> 03:50.000]  Yes, and it just leaves it more or less up in the air.
[03:50.000 --> 03:55.000]  It says Murray may be winning ground war against defaulting borrowers.
[03:55.000 --> 04:02.000]  The system faces increasing recent insolvency due to private and public lawsuits.
[04:02.000 --> 04:06.000]  But it leaves it up in the air as to what would happen.
[04:06.000 --> 04:17.000]  That would be interesting since Murray's is only sort of a separate company.
[04:17.000 --> 04:30.000]  It's really made up of all of these banks, and the banks have officers of the banks of the lenders.
[04:30.000 --> 04:37.000]  There are officers of the lenders are officers of Murray's.
[04:37.000 --> 04:46.000]  And it would seem that if you sued Murray's, you would necessarily name all of their members.
[04:46.000 --> 04:54.000]  That would be good to do. A lot of them did. A lot of those attorneys generals did name all the banks.
[04:54.000 --> 05:02.000]  Yeah, I don't see how you could sue Murray's and not name all its members because of the way it's structured.
[05:02.000 --> 05:10.000]  But if Murray's did go down to bankruptcy, it would be interesting to see what happened.
[05:10.000 --> 05:15.000]  It would certainly bring out this issue of who holds the note.
[05:15.000 --> 05:21.000]  And for one thing it would do, it would resolve a lot of issues.
[05:21.000 --> 05:25.000]  Yeah, it would. How would you like another story?
[05:25.000 --> 05:27.000]  I would love another story.
[05:27.000 --> 05:35.000]  Okay. A couple years ago, a family defaulted on their loan. They had a lot of medical problems.
[05:35.000 --> 05:43.000]  The Bank of America decides to foreclose. Now they're the servicer.
[05:43.000 --> 05:48.000]  But they don't own the loan at all. They're just the servicer.
[05:48.000 --> 05:55.000]  So 10 months later, the family is still in the house because in New Jersey it's a long process.
[05:55.000 --> 06:00.000]  And oh, they had gone into bankruptcy Chapter 13.
[06:00.000 --> 06:09.000]  10 months later, Bank of America assigns itself the loan, you know, to Murray's.
[06:09.000 --> 06:16.000]  So they get assignments. So I can look at these papers and I say, what are you kids doing? Right?
[06:16.000 --> 06:26.000]  So I take and we answer all the problems that they say in this thing and we bring out several different...
[06:26.000 --> 06:29.000]  I know it's like they have no standing. They don't own the loan.
[06:29.000 --> 06:37.000]  At least they didn't. At least when they got the assignment from Murray's and they still don't own the loan
[06:37.000 --> 06:45.000]  because Penny May says they own the loan. And we had put in proof of that that Penny May still owns the note.
[06:45.000 --> 06:52.000]  We say that Murray's may have assigned the mortgage but it has no authority because it doesn't...
[06:52.000 --> 06:55.000]  It has no authority to sign the note because it doesn't own it.
[06:55.000 --> 07:00.000]  And, you know, several other different details that were wrong we put in the response.
[07:00.000 --> 07:10.000]  Well, a couple weeks later, the Bankruptcy Court had allowed the Bank of America to continue...
[07:10.000 --> 07:17.000]  It released it from the Bankruptcy and the... How can I put this?
[07:17.000 --> 07:24.000]  Oh, the judge calls and says, will you agree to a dismissal? You know?
[07:24.000 --> 07:29.000]  And he said, you know, the kid didn't know anything. So he said, sure.
[07:29.000 --> 07:33.000]  Because he thought, oh, well, now I don't have to worry about anything.
[07:33.000 --> 07:41.000]  Well, Bank of America, evidently, when we took a look at the discharge of Liz Pendants on it,
[07:41.000 --> 07:44.000]  it said that they had came to an amicable solution.
[07:44.000 --> 07:55.000]  Well, in the meantime, after Murray's had assigned Bank of America the note of the loan,
[07:55.000 --> 08:06.000]  they sent a QWR. The kid sent QWR, like the one that I sent you. And they put in it, I wished to cancel.
[08:06.000 --> 08:14.000]  And then they waited there 30 days and sent in the default on it.
[08:14.000 --> 08:23.000]  And then they went and put in a revocation of mortgage similar to what I sent you today.
[08:23.000 --> 08:34.000]  And because the deed was only in her name, they put it in both their names as living persons,
[08:34.000 --> 08:39.000]  as opposed to all capital letters. Now, I don't know if that makes a difference,
[08:39.000 --> 08:45.000]  but we put that also so that they acknowledged the deed.
[08:45.000 --> 08:53.000]  Now...
[08:53.000 --> 08:57.000]  Did we lose you?
[08:57.000 --> 09:03.000]  That is annoying. We get right to the good part and lose her.
[09:03.000 --> 09:07.000]  Well, I hope she'll call back.
[09:07.000 --> 09:11.000]  Okay, if she does, then we'll bring her back in.
[09:11.000 --> 09:18.000]  But in the meantime, we will go to Lee in California.
[09:18.000 --> 09:19.000]  Hello.
[09:19.000 --> 09:25.000]  Lee, I understand you have your timeline.
[09:25.000 --> 09:30.000]  Right, of what had happened to me.
[09:30.000 --> 09:39.000]  In order for you to see how that, because I want to file under federal court under Title 42, section 1983,
[09:39.000 --> 09:42.000]  but I'm trying to see how I go about it.
[09:42.000 --> 09:45.000]  And you told me to write a timeline of what had happened.
[09:45.000 --> 09:49.000]  Okay, give us quickly a walk through the timeline.
[09:49.000 --> 09:55.000]  Well, my coworkers and I were walking to my car.
[09:55.000 --> 10:01.000]  We went to say parking the enforcer inside my car looking through my belongings
[10:01.000 --> 10:07.000]  and asked him if I was under arrest because he had called the San Diego Police Department
[10:07.000 --> 10:09.000]  to make sure that I would not leave.
[10:09.000 --> 10:16.000]  He tried to take a book away from me that I had while I was looking at the law
[10:16.000 --> 10:22.000]  and two armed police officers showed up with their sirens
[10:22.000 --> 10:28.000]  and they made the decision to fill my car for having expired registration.
[10:28.000 --> 10:32.000]  Okay, you said this guy was inside your car?
[10:32.000 --> 10:34.000]  That's correct.
[10:34.000 --> 10:38.000]  And for what reason was he inside it?
[10:38.000 --> 10:43.000]  We asked him and he said he was allowed to do that because he was going to tow the car
[10:43.000 --> 10:51.000]  because there was no car allowed to be on public property without that registration.
[10:51.000 --> 10:53.000]  Okay, okay.
[10:53.000 --> 10:58.000]  Okay, so he tried to take what away from you?
[10:58.000 --> 11:04.000]  I was looking at a Blackslaw dictionary that I'm not involved in transportation.
[11:04.000 --> 11:09.000]  This doesn't apply to me and he took the book from my car.
[11:09.000 --> 11:12.000]  Wait, who was this guy? Was he a police officer?
[11:12.000 --> 11:18.000]  No, before the police officer came there was a parking enforcer.
[11:18.000 --> 11:19.000]  Oh, okay.
[11:19.000 --> 11:21.000]  He took the book away from me there.
[11:21.000 --> 11:27.000]  Okay, and again, what happened after that?
[11:27.000 --> 11:34.000]  Two police officers came and there were police vehicles
[11:34.000 --> 11:40.000]  and came and showed me the vehicle code and said that this is where the rules are
[11:40.000 --> 11:45.000]  and that he's allowed to do this and he's allowed to go through my car too
[11:45.000 --> 11:48.000]  and they were going to tow my car away so I had no choice.
[11:48.000 --> 11:51.000]  Okay, did you get your car back?
[11:51.000 --> 11:53.000]  I got it back the same day, yes.
[11:53.000 --> 12:00.000]  Okay, was the thousand dollars in math money you always keep under the map still there?
[12:00.000 --> 12:03.000]  No, it wasn't because that was for my rent.
[12:03.000 --> 12:09.000]  Ah, did they give you a written inventory of everything that was in the vehicle?
[12:09.000 --> 12:11.000]  They did not.
[12:11.000 --> 12:17.000]  Oh, that's the only reason he can look inside that vehicle.
[12:17.000 --> 12:20.000]  Okay, where they're supposed to give it to me at the time of the show?
[12:20.000 --> 12:24.000]  Stop calling it a vehicle, that's problem number one.
[12:24.000 --> 12:28.000]  Look, I don't want to go through 30 different songs and dances this way.
[12:28.000 --> 12:30.000]  Give me some word.
[12:30.000 --> 12:32.000]  That thing with four wheels on.
[12:32.000 --> 12:35.000]  Conveyance, it's a car, but stop calling it a vehicle.
[12:35.000 --> 12:38.000]  Let us discuss one thing at a time, will you?
[12:38.000 --> 12:42.000]  Geez.
[12:42.000 --> 12:45.000]  We can't get anywhere if...
[12:45.000 --> 12:47.000]  Let's do that when we get to that.
[12:47.000 --> 12:57.000]  Okay, that four wheel thing there, did he give you an inventory for the four wheel thing?
[12:57.000 --> 13:00.000]  He did not, at the time he did not.
[13:00.000 --> 13:06.000]  Okay, at the time, did he ever give you an inventory of the four wheel thing?
[13:06.000 --> 13:09.000]  Never.
[13:09.000 --> 13:12.000]  Did he have anyone else with him?
[13:12.000 --> 13:18.000]  At the beginning he did not until afterwards when we called for reinforcement.
[13:18.000 --> 13:29.000]  So when he was inside the four wheel thing, he was inside the four wheel thing with nobody watching him?
[13:29.000 --> 13:40.000]  Nobody of the work with him, the other people that witnessed that were across the street, that worked across the street from me, they seemed to have witnessed that.
[13:40.000 --> 13:45.000]  There's a half procedures and a half procedures for good reason.
[13:45.000 --> 13:52.000]  So he was in your four wheel thing, nobody else around.
[13:52.000 --> 13:53.000]  Correct.
[13:53.000 --> 13:56.000]  And you don't have your rent money.
[13:56.000 --> 13:58.000]  Correct.
[13:58.000 --> 14:04.000]  Now, if that's not true, I wouldn't make the claim, but I would ask them about it.
[14:04.000 --> 14:06.000]  Okay.
[14:06.000 --> 14:13.000]  Where is the money that was under my rubber mat?
[14:13.000 --> 14:17.000]  And watch how excited they get.
[14:17.000 --> 14:19.000]  This is the problem.
[14:19.000 --> 14:27.000]  They can inventory, but they absolutely need at least two people there so that one can lie for the other.
[14:27.000 --> 14:30.000]  He has nobody's life for him.
[14:30.000 --> 14:32.000]  Right.
[14:32.000 --> 14:39.000]  This raises a question about transportation.
[14:39.000 --> 14:49.000]  Eddie, does this go to transportation where he has a four wheel thing or a motor vehicle or anything?
[14:49.000 --> 14:52.000]  This is not about transportation.
[14:52.000 --> 14:56.000]  This is about location.
[14:56.000 --> 15:06.000]  If I brought a garbage can and set it on public property, this wouldn't be transportation.
[15:06.000 --> 15:10.000]  This would go to the city ordinance, wouldn't it?
[15:10.000 --> 15:20.000]  Normally yes, but they can't, they can tow it, you know, but they can't charge you with anything other than abandonment of a vehicle.
[15:20.000 --> 15:24.000]  But all of those statutes will fall under the transportation code.
[15:24.000 --> 15:30.000]  The city ordinance would still have to be based on whatever the commercial or the vehicle code or the transportation code is.
[15:30.000 --> 15:31.000]  Oh, wait a minute.
[15:31.000 --> 15:43.000]  They told it not because it was an illegally parked, but because it wasn't properly licensed as a commercial vehicle.
[15:43.000 --> 15:45.000]  Right.
[15:45.000 --> 15:58.000]  So if it wasn't a commercial vehicle and they had no reason, did you have signs on it advertising a taxi or a different service?
[15:58.000 --> 16:00.000]  Not at all.
[16:00.000 --> 16:04.000]  And how did they know it was a commercial vehicle?
[16:04.000 --> 16:06.000]  That's what I was trying to find out.
[16:06.000 --> 16:08.000]  Ah, okay.
[16:08.000 --> 16:11.000]  Okay, so they didn't arrest you or anything.
[16:11.000 --> 16:13.000]  None of that's involved in this.
[16:13.000 --> 16:14.000]  Correct.
[16:14.000 --> 16:15.000]  Oh, good.
[16:15.000 --> 16:16.000]  You got your car the next day.
[16:16.000 --> 16:20.000]  So now you got the shot at them.
[16:20.000 --> 16:26.000]  Now you get to have a nice learning experience.
[16:26.000 --> 16:32.000]  And this is the cheapest legal education you'll ever get.
[16:32.000 --> 16:41.000]  And I always warn people when they do this sort of thing, don't have too much fun.
[16:41.000 --> 16:44.000]  You get to be addicted.
[16:44.000 --> 16:45.000]  Hang on.
[16:45.000 --> 16:46.000]  We'll be right back.
[16:46.000 --> 16:47.000]  We're about to go to break.
[16:47.000 --> 16:51.000]  Jimmy, Mike, Leslie, I see you're back.
[16:51.000 --> 16:55.000]  As soon as we finish up with Lee, we'll go back and finish up with Leslie.
[16:55.000 --> 17:00.000]  We'll be right back on the other side.
[17:00.000 --> 17:10.000]  One is a serial hypocrite who lobbied for Freddie Mac before the housing prices and for the individual mandate before Obamacare.
[17:10.000 --> 17:18.000]  Another a counterfeit conservative who opposes right to work, massively increased spending, and funded Planned Parenthood.
[17:18.000 --> 17:26.000]  Finally, a flip-flopper who's been on all sides, supported tarp bailouts, and provided the blueprint for Obamacare.
[17:26.000 --> 17:33.000]  Three men, one vision, more big government, more mandates, less freedom.
[17:33.000 --> 17:43.000]  One man stands apart, ready to deliver real change, voting against every tax increase and every unbalanced budget every time.
[17:43.000 --> 17:49.000]  A real plan to cut a trillion dollars year one and to balance the budget in three.
[17:49.000 --> 17:53.000]  Pro-life, pro-right to work, guided by faith and principle.
[17:53.000 --> 17:58.000]  Ron Paul, the one who will restore America now.
[17:58.000 --> 18:01.000]  I'm Ron Paul, and I approve this message.
[18:01.000 --> 18:05.000]  Are you being harassed by debt collectors with phone calls, letters, or even losses?
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[18:50.000 --> 18:57.000]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com.
[18:57.000 --> 19:00.000]  To learn how to stop debt collectors next.
[19:28.000 --> 19:32.000]  Okay, we're back.
[19:32.000 --> 19:37.000]  We're talking to Lee in California.
[19:37.000 --> 19:46.000]  And one thing, Lee, before you start into this, you really should determine what your intended outcome is.
[19:46.000 --> 19:49.000]  What are you trying to achieve?
[19:49.000 --> 19:55.000]  What would be an equitable outcome for you?
[19:55.000 --> 20:08.000]  Well, first of all, it's basically to have them a better understanding of what the rules of commerce are, you know, so they won't do it to other people.
[20:08.000 --> 20:13.000]  And obviously, you know, get into their pockets too.
[20:13.000 --> 20:15.000]  Well, good.
[20:15.000 --> 20:22.000]  If that's your outcome, that's a great outcome and that will be your spirit there.
[20:22.000 --> 20:24.000]  Say what?
[20:24.000 --> 20:26.000]  Sorry, go ahead, Rainey.
[20:26.000 --> 20:27.000]  Okay.
[20:27.000 --> 20:32.000]  That's a great outcome because it'll keep you from getting caught up in the fight.
[20:32.000 --> 20:44.000]  One thing people have a problem with is when they go into an issue that's emotional for them, they wind up getting caught up in the fight.
[20:44.000 --> 20:48.000]  And the issue becomes the fight and not an outcome.
[20:48.000 --> 20:51.000]  That's why I asked you that question.
[20:51.000 --> 20:57.000]  When you try to get them to do something and they suffer, they always do the wrong thing.
[20:57.000 --> 20:59.000]  Sometimes it gets frustrating.
[20:59.000 --> 21:11.000]  But if you're just doing this to learn, it'll make this so much easier and it will make it easier for you to keep your perspective.
[21:11.000 --> 21:20.000]  And that's the one thing that the police and these prosecutors have a problem with.
[21:20.000 --> 21:24.000]  When they come across somebody, they can't manipulate.
[21:24.000 --> 21:29.000]  And they manipulate people with fear and threat.
[21:29.000 --> 21:32.000]  They don't have any on you.
[21:32.000 --> 21:34.000]  Correct.
[21:34.000 --> 21:45.000]  So you can actually, you will be able to learn a whole lot more because your hands aren't really tied in any direction.
[21:45.000 --> 21:49.000]  Criminal complaints, just all sorts of things you can do.
[21:49.000 --> 21:53.000]  In California, you have a great grand jury system.
[21:53.000 --> 22:03.000]  And these, all your prosecutors and judges are going to try to, to shield the grand jury from you.
[22:03.000 --> 22:18.000]  And these guys who towed your car, they're going to get real excited when the district attorney and district judge are coming to them, chewing them out because they're getting in trouble for sickening you on them.
[22:18.000 --> 22:21.000]  And you kind of remind me of Rick from California.
[22:21.000 --> 22:30.000]  We hadn't heard from him in a long time, but he started out precisely where you're at.
[22:30.000 --> 22:35.000]  And he became our local California guru.
[22:35.000 --> 22:39.000]  They do not want to mess with Rick.
[22:39.000 --> 22:41.000]  Okay, we're going to move on.
[22:41.000 --> 22:47.000]  Thank you for calling and keep us up to date on what happens.
[22:47.000 --> 22:49.000]  Okay, thank you.
[22:49.000 --> 22:51.000]  Okay, thank you, Lee.
[22:51.000 --> 22:54.000]  Okay, we're going to go back to Leslie.
[22:54.000 --> 22:57.000]  Oops, in Pennsylvania.
[22:57.000 --> 23:01.000]  Where did I leave off?
[23:01.000 --> 23:06.000]  We had, oh, where did you leave off?
[23:06.000 --> 23:07.000]  I'll start real quick.
[23:07.000 --> 23:11.000]  They defaulted on a mortgage, Bank of America, for closure.
[23:11.000 --> 23:15.000]  They didn't own the note or the loan then.
[23:15.000 --> 23:23.000]  Benny May owns the loan and Bank of America got a sign the mortgage 10 months after they foreclosed.
[23:23.000 --> 23:25.000]  Okay, wait a minute.
[23:25.000 --> 23:30.000]  Bank of America, hold on.
[23:30.000 --> 23:35.000]  They foreclosed without having the mortgage assigned to them?
[23:35.000 --> 23:39.000]  Yeah.
[23:39.000 --> 23:41.000]  Well, they got it dismissed.
[23:41.000 --> 23:44.000]  And now we're going after a quiet title.
[23:44.000 --> 23:45.000]  Okay, wait a minute.
[23:45.000 --> 23:47.000]  What did they get dismissed?
[23:47.000 --> 23:49.000]  The foreclosure.
[23:49.000 --> 23:50.000]  No, no.
[23:50.000 --> 23:52.000]  Okay, the foreclosure was dismissed.
[23:52.000 --> 24:01.000]  Now you should go back and sue them for a improper foreclosure.
[24:01.000 --> 24:03.000]  Okay.
[24:03.000 --> 24:09.000]  Yeah, just because they dismissed the foreclosure, they realized they had a problem.
[24:09.000 --> 24:17.000]  And they figured they all they had to do was stop picking on the guy and all his problems would go away.
[24:17.000 --> 24:27.000]  I would suggest that their dismissing the foreclosure was tantamount to admission of wrongdoing.
[24:27.000 --> 24:28.000]  That's right.
[24:28.000 --> 24:36.000]  Under these foreclosure action, when it was dismissed, it had a pleading that said that they had reached an agreement with the defendants.
[24:36.000 --> 24:42.000]  But they didn't say the plaintiffs never agreed to pay anything.
[24:42.000 --> 24:53.000]  When he sues the Bank of America for improper foreclosure, then it's all about the money.
[24:53.000 --> 25:00.000]  And Bank of America is going to look at this and there's no way out for them.
[25:00.000 --> 25:01.000]  Wait a minute.
[25:01.000 --> 25:03.000]  I should back up a step.
[25:03.000 --> 25:07.000]  They stopped the foreclosure. That means they're going to come back and do it again.
[25:07.000 --> 25:08.000]  Yeah.
[25:08.000 --> 25:12.000]  Once they get their ducks in a row, sue them first.
[25:12.000 --> 25:13.000]  Sue first?
[25:13.000 --> 25:14.000]  Yes.
[25:14.000 --> 25:16.000]  For quiet title?
[25:16.000 --> 25:18.000]  Sue for quiet title.
[25:18.000 --> 25:26.000]  And actually, how do you get grounds to quiet title?
[25:26.000 --> 25:28.000]  Okay, I went after the UCC.
[25:28.000 --> 25:34.000]  A particular judge in this county wrote a 54-page authenticity at Rafta G&R.
[25:34.000 --> 25:37.000]  Rafta G, have you ever heard of it, Bank of America?
[25:37.000 --> 25:38.000]  No.
[25:38.000 --> 25:39.000]  Okay.
[25:39.000 --> 25:45.000]  They said basically that you really have to prove who you are and that you have standing.
[25:45.000 --> 25:50.000]  You have to have the note and you have to be able to show when you got the note.
[25:50.000 --> 25:55.000]  You have to show complete chain of title.
[25:55.000 --> 25:56.000]  Okay.
[25:56.000 --> 25:58.000]  How is he yet?
[25:58.000 --> 26:01.000]  I've heard of one in Pennsylvania, but I didn't know who he was that did that.
[26:01.000 --> 26:04.000]  This is in Atlanta County in New Jersey.
[26:04.000 --> 26:09.000]  Can you send me his pleading for his order?
[26:09.000 --> 26:11.000]  I would love that.
[26:11.000 --> 26:12.000]  It's 54 pages.
[26:12.000 --> 26:14.000]  He did it in June of last year.
[26:14.000 --> 26:16.000]  Oh, wonderful.
[26:16.000 --> 26:17.000]  Okay.
[26:17.000 --> 26:19.000]  Well, what I was thinking.
[26:19.000 --> 26:22.000]  I used a lot of what he did in the list.
[26:22.000 --> 26:27.000]  That's where I took it to the complaint for quiet title.
[26:27.000 --> 26:28.000]  Oh, wonderful.
[26:28.000 --> 26:29.000]  Okay.
[26:29.000 --> 26:38.000]  Well, another way, something you may be able to add to it to think quiet title is Bank of
[26:38.000 --> 26:45.000]  America initiated a fraudulent foreclosure against him and subjected him to all of this
[26:45.000 --> 26:47.000]  treatment.
[26:47.000 --> 26:55.000]  So you file suit for the, he forced, they forced him into essentially involuntary servitude
[26:55.000 --> 27:01.000]  because he had to defend against a fraudulent suit subjected him to severe emotional distress
[27:01.000 --> 27:04.000]  because they're trying to take his house away from him.
[27:04.000 --> 27:12.000]  And I can get you a calculation of a very large number based on the fees that they charge
[27:12.000 --> 27:25.000]  for closing, then you sue them and you sue for quiet title as tender by set off.
[27:25.000 --> 27:31.000]  You maintain that you have a claim large enough against the lender that you will set off the
[27:31.000 --> 27:34.000]  claim against the title.
[27:34.000 --> 27:35.000]  Wow.
[27:35.000 --> 27:39.000]  Because tomorrow morning they were going to file the, you know, they were going to get
[27:39.000 --> 27:42.000]  a price, they could file it on Monday.
[27:42.000 --> 27:45.000]  They're really nervous that they're going to come back and try and foreclose.
[27:45.000 --> 27:47.000]  Oh, they're definitely going to do that.
[27:47.000 --> 27:52.000]  They're just trying to get themselves in a position to where they think they can.
[27:52.000 --> 27:56.000]  They're probably not any hurry to do it.
[27:56.000 --> 27:59.000]  I would look at all of the documentation.
[27:59.000 --> 28:02.000]  This would go to some fraud charges.
[28:02.000 --> 28:08.000]  If he starts filing fraud charges with the local district attorney, that's going to, most
[28:08.000 --> 28:11.000]  likely going to make the bank run backwards.
[28:11.000 --> 28:14.000]  Well, we wanted to get the quiet title straightened out right away.
[28:14.000 --> 28:15.000]  Yes.
[28:15.000 --> 28:20.000]  And, yeah, file that because you can always amend the pleading later if you want to add
[28:20.000 --> 28:21.000]  more to it.
[28:21.000 --> 28:27.000]  Yeah, because they, I use Juicy C3203 that they, they transfer the instrument.
[28:27.000 --> 28:33.000]  They can only get it, they only get the transfer, the right of the transfer.
[28:33.000 --> 28:36.000]  I mean, transfer doesn't have any right to the note, right?
[28:36.000 --> 28:39.000]  Not only that, but they engaged in fraud.
[28:39.000 --> 28:42.000]  So they can't acquire the right of the transfer.
[28:42.000 --> 28:48.000]  No man may be allowed to profit from his own mistakes.
[28:48.000 --> 28:53.000]  And they're not a holder in due course under UCC3302.
[28:53.000 --> 28:56.000]  And these are the things that they used in the other...
[28:56.000 --> 28:58.000]  Okay, wait, hold on.
[28:58.000 --> 29:01.000]  That's an issue I would like to address.
[29:01.000 --> 29:13.000]  Under the holder rule, in the matter of a indebtedness based on a consumer transaction,
[29:13.000 --> 29:17.000]  there can be no holder in due course.
[29:17.000 --> 29:20.000]  There can only be a holder.
[29:20.000 --> 29:21.000]  Hmm.
[29:21.000 --> 29:31.000]  Special rule that the Federal Trade Commission said that we have these mortgage companies
[29:31.000 --> 29:38.000]  going into business, creating these predatory loans, selling the note, and then going out
[29:38.000 --> 29:43.000]  of business, leaving the borrowers with no remedy.
[29:43.000 --> 29:48.000]  So they passed the holder rule, and I'll explain what that is on the other side.
[29:48.000 --> 29:51.000]  This is Randy Kelk, Davis 2, and J.D. Craig.
[29:51.000 --> 29:53.000]  We have La Radio.
[29:53.000 --> 30:00.000]  We'll be right back on the other side.
[30:00.000 --> 30:06.000]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[30:06.000 --> 30:08.000]  The government says that fire brought it down.
[30:08.000 --> 30:13.000]  However, 1,500 architects and engineers have concluded it was a controlled demolition.
[30:13.000 --> 30:16.000]  Over 6,000 of my fellow service members have given their lives.
[30:16.000 --> 30:18.000]  I'm not a conspiracy theorist.
[30:18.000 --> 30:19.000]  I'm a structural engineer.
[30:19.000 --> 30:21.000]  I'm a New York City correction officer.
[30:21.000 --> 30:22.000]  I'm an Air Force pilot.
[30:22.000 --> 30:23.000]  I'm a father who lost his son.
[30:23.000 --> 30:26.000]  We're Americans, and we deserve the truth.
[30:26.000 --> 30:55.000]  Go to RememberBuilding7.org today.
[30:57.000 --> 31:01.000]  And see what our powders, sieves, and oil can do for you.
[31:01.000 --> 31:03.000]  Attention, listeners.
[31:03.000 --> 31:06.000]  Harlan Dietrich, owner of Brave New Books, here with a special announcement
[31:06.000 --> 31:10.000]  according to the Southern Poverty Law Center's new report titled The Year in Hate and Extremism.
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[31:18.000 --> 31:22.000]  Also, congratulations to Austin's own Rule of Law Radio.com for joining the ranks
[31:22.000 --> 31:24.000]  of the SPLC's favorite Patriots.
[31:24.000 --> 31:28.000]  And shout out to Deborah Medina's weak Texans for making the list as well.
[31:28.000 --> 31:31.000]  In order to show our appreciation for helping keep the bookstore in the front lines
[31:31.000 --> 31:35.000]  of the Battle for Liberty, for the whole month of April, mention this ad,
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[31:57.000 --> 32:24.000]  5% discount excludes precious metal sales.
[32:24.000 --> 32:28.000]  Okay, we're back.
[32:28.000 --> 32:34.000]  We're talking to Leslie in Pennsylvania.
[32:34.000 --> 32:39.000]  Okay, we went out and we were talking about quite title.
[32:39.000 --> 32:42.000]  Yes, a holder in due course.
[32:42.000 --> 32:44.000]  Oh, holder in due course.
[32:44.000 --> 32:46.000]  Yes, the holder rule.
[32:46.000 --> 32:56.000]  17 USC 16, 633, I believe, it's been a long time since I quoted it, so I may have that wrong,
[32:56.000 --> 33:04.000]  but what it went to was that mortgage companies were going into business creating predatory loans,
[33:04.000 --> 33:12.000]  selling the note, and then going out of the business, leaving the borrower with no remedy.
[33:12.000 --> 33:20.000]  Therefore, in the matter of a security instrument based on a consumer transaction,
[33:20.000 --> 33:24.000]  there can be no holder in due course.
[33:24.000 --> 33:35.000]  The holder of the note stands in the shoes of the lender and is subject to any claim the borrower would have against the lender.
[33:35.000 --> 33:47.000]  That's a special statute and it's really not necessary because we could still make the same claim by vicarious liability.
[33:47.000 --> 34:01.000]  In a matter of multiple actors in a tort, the case law says that an indivisible harm may not be made divisible.
[34:01.000 --> 34:12.000]  Therefore, any actor who has contributed to the harm can be held liable for the entire harm
[34:12.000 --> 34:19.000]  and can be sued for the entire harm, and if there are other actors who have liability,
[34:19.000 --> 34:35.000]  the responsibility of the one sued to, he has to pay it all and he has to get his money back from the other parties because of the vicarious liability.
[34:35.000 --> 34:41.000]  Now, that's why lawyers are always looking to look at the deep pockets.
[34:41.000 --> 34:48.000]  So we sue the one in front of us and the one we personally like to sue is the lawyer.
[34:48.000 --> 34:50.000]  They're the most vulnerable.
[34:50.000 --> 35:02.000]  So you sue the lawyer for claiming to be an agent for a client that has no stamping.
[35:02.000 --> 35:08.000]  The first one we did was in Minnesota and within seven days we got a response back.
[35:08.000 --> 35:12.000]  They didn't file a rule 12.
[35:12.000 --> 35:22.000]  They filed an objection to the temporary restraining order and in there they argued that they shouldn't be suing us.
[35:22.000 --> 35:33.000]  We're just the attorney representing the client and they said that it appears that the plaintiff has claims against Wells Fargo.
[35:33.000 --> 35:40.000]  We answered it saying that, well gee whiz, we don't know anything about Wells Fargo.
[35:40.000 --> 35:51.000]  But if you think we have a claim against Wells Fargo, why, if you just tell us what it is, we'll be glad to sue them.
[35:51.000 --> 36:09.000]  So the attorney, the law firm is in this position to where they're saying, if my client can't prove up an unbroken chain of ownership of the note, I'm the one being sued, not him.
[36:09.000 --> 36:11.000]  Right?
[36:11.000 --> 36:18.000]  And my time in writing my answers is not billable hours.
[36:18.000 --> 36:23.000]  And this also goes to a malpractice suit.
[36:23.000 --> 36:33.000]  So my malpractice insurance is going through the roof and then we hit them with a couple of bar grievances just for good measure.
[36:33.000 --> 36:39.000]  So you guys want to fight, we'll give you one.
[36:39.000 --> 36:47.000]  And the problem the lawyer has, it is the duty of the lawyer to exercise due diligence.
[36:47.000 --> 36:52.000]  A lawyer may not trust in the veracity of his client.
[36:52.000 --> 37:02.000]  He must do his own investigation to ensure that the claim that he makes for the client is valid.
[37:02.000 --> 37:04.000]  We don't have to sue the client.
[37:04.000 --> 37:11.000]  We can sue the lawyer for what the client got the lawyer to do.
[37:11.000 --> 37:17.000]  This was the lawyer in a position to where he realized how much more vulnerable he is.
[37:17.000 --> 37:23.000]  And so far they have been making horrendous errors.
[37:23.000 --> 37:28.000]  Lawyers are not used to you coming after them.
[37:28.000 --> 37:32.000]  They're the ones that like to come after other people. So they really suck at it.
[37:32.000 --> 37:38.000]  It's like one lawyer told me though, absolute worst witnesses are lawyers.
[37:38.000 --> 37:43.000]  They really suck as witnesses.
[37:43.000 --> 37:46.000]  But anyway, that's just something to consider.
[37:46.000 --> 37:53.000]  But if you need more claim for quiet title, I can show you how to get a big one.
[37:53.000 --> 38:03.000]  You might go to remediesinrealestate.com and click on the calculate fraud page.
[38:03.000 --> 38:13.000]  You need principal and an APR from the note, principal APR from the tooth and lending statement,
[38:13.000 --> 38:18.000]  and second page of the HUD one settlement statement.
[38:18.000 --> 38:24.000]  Put those figures in there and I'll give you a whopper of a claim against the lender.
[38:24.000 --> 38:26.000]  Oh, okay. Good.
[38:26.000 --> 38:32.000]  And this one you can add, you know, they can whittle away a lot of the claim.
[38:32.000 --> 38:34.000]  We don't care.
[38:34.000 --> 38:37.000]  Okay, is that when we sue the lawyer?
[38:37.000 --> 38:39.000]  Or we're adding on to the...
[38:39.000 --> 38:40.000]  Yeah.
[38:40.000 --> 38:50.000]  This one, if you're going after the lender itself, then you can make this claim against the original lender.
[38:50.000 --> 38:57.000]  I generally only go after the lawyer under FTCPA.
[38:57.000 --> 39:05.000]  And once we get past that, then when I name the lender, I'll also name the lawyer.
[39:05.000 --> 39:08.000]  I always want to keep the lawyer in there.
[39:08.000 --> 39:13.000]  Have you ever heard of Trendsy v. Paliero?
[39:13.000 --> 39:15.000]  Wait, say that again?
[39:15.000 --> 39:19.000]  Have you ever heard of Trendsy v. Paliero?
[39:19.000 --> 39:20.000]  No.
[39:20.000 --> 39:25.000]  It's the statements of counsel in brief or in argument are not facts before the court
[39:25.000 --> 39:29.000]  and are insufficient for motion to dismiss it for a summary judgment,
[39:29.000 --> 39:37.000]  where there are no dispositions, admissions, or affidavits the court has no facts to rely on for a summary determination.
[39:37.000 --> 39:38.000]  No.
[39:38.000 --> 39:39.000]  I made the argument.
[39:39.000 --> 39:41.000]  I didn't know it had a name.
[39:41.000 --> 39:42.000]  Yeah.
[39:42.000 --> 39:44.000]  So I'll send you that.
[39:44.000 --> 39:45.000]  Send me that.
[39:45.000 --> 39:46.000]  That would be great.
[39:46.000 --> 39:48.000]  I love to do stuff with names.
[39:48.000 --> 39:50.000]  Doberts hearing, Frank's hearing.
[39:50.000 --> 39:52.000]  I love those things.
[39:52.000 --> 39:53.000]  Okay.
[39:53.000 --> 39:55.000]  Well, it's our team next week done.
[39:55.000 --> 39:56.000]  Okay.
[39:56.000 --> 39:57.000]  Thank you very much.
[39:57.000 --> 39:58.000]  Okay.
[39:58.000 --> 39:59.000]  Okay.
[39:59.000 --> 40:06.000]  Now we're going to go to Johnny in Texas.
[40:06.000 --> 40:09.000]  Johnny, sorry to hold you up so long.
[40:09.000 --> 40:11.000]  What do you have for us?
[40:11.000 --> 40:17.000]  Well, I just have a couple of questions and a couple of comments.
[40:17.000 --> 40:23.000]  I am currently in litigation related to a mortgage.
[40:23.000 --> 40:28.000]  I've gone on 19 months in litigation now.
[40:28.000 --> 40:32.000]  Going back, this all started in March of 09.
[40:32.000 --> 40:38.000]  Incidentally, I'm still in the house, haven't made any payments since then.
[40:38.000 --> 40:46.000]  I was listening to you speak to improper notary practices earlier.
[40:46.000 --> 40:51.000]  And in my case, and in just about every other case I've ever looked at, it's written you
[40:51.000 --> 40:56.000]  can almost always find, easily find improper notary practices.
[40:56.000 --> 41:02.000]  For example, in my case, almost everything in my related to my mortgage that has been
[41:02.000 --> 41:07.000]  notarized, there have been dates that were scratched out and new dates written in.
[41:07.000 --> 41:13.000]  I've got one document that was notarized, purportedly notarized in both North Carolina
[41:13.000 --> 41:18.000]  and Texas on the same day, so on and so forth.
[41:18.000 --> 41:26.000]  But I want to get your thoughts on just a couple of things.
[41:26.000 --> 41:30.000]  Well, first of all, I also want to, in relation to the last caller that you just had,
[41:30.000 --> 41:36.000]  one thing that's rather interesting, if you look in the rules of civil procedure,
[41:36.000 --> 41:42.000]  attorneys cannot testify to any matters other than procedure.
[41:42.000 --> 41:43.000]  Right.
[41:43.000 --> 41:45.000]  I have a lot of case law on that.
[41:45.000 --> 41:50.000]  Yeah, so for example, when they say, well, you know, so and so took that loan on such
[41:50.000 --> 41:54.000]  and such date and they defaulted, you know, objection to your saying if this attorney
[41:54.000 --> 42:02.000]  is going to continue to speak to matters other than procedure, demand that he or she be put under hold.
[42:02.000 --> 42:09.000]  That alone, I've made it to where they can barely even open their mouth.
[42:09.000 --> 42:12.000]  But you sound like you're having fun.
[42:12.000 --> 42:19.000]  Well, you know, like I said, it's been going on, I'm going on 19 months in litigation
[42:19.000 --> 42:21.000]  and it's been fun and it's been a great learning experience.
[42:21.000 --> 42:23.000]  I'm ready for what to be over with.
[42:23.000 --> 42:34.000]  Obviously, but I wanted to get your thoughts on hearsay, first of all, related to computer data.
[42:34.000 --> 42:44.000]  I came across a case related to a traffic stop breathalyzer and one of the accused party
[42:44.000 --> 42:52.000]  was trying to say that the data was hearsay and found a lot of Texas case law that speaks to that.
[42:52.000 --> 43:01.000]  Basically, if computer data is the result of an internal calculation of the machine
[43:01.000 --> 43:03.000]  and I know you have a technical background.
[43:03.000 --> 43:07.000]  For example, if you query a database and you say, how many records do you have?
[43:07.000 --> 43:09.000]  And it gives you a count.
[43:09.000 --> 43:13.000]  That's a result of an internal function of the machine.
[43:13.000 --> 43:15.000]  That is not hearsay.
[43:15.000 --> 43:24.000]  Any data that is in a computer that in any way relies on human input is hearsay.
[43:24.000 --> 43:34.000]  There can hardly be a calculation that doesn't rely on human input.
[43:34.000 --> 43:36.000]  Hold on.
[43:36.000 --> 43:40.000]  This is Randy Kalkin, Debbie Stevens, Eddie Craig, Willow Blow Radio.
[43:40.000 --> 43:46.000]  I call in number 512-646-1984.
[43:46.000 --> 43:47.000]  Give us a call.
[43:47.000 --> 43:49.000]  We've got another hour and 15 minutes.
[43:49.000 --> 43:52.000]  We'll be right back on the other side.
[43:52.000 --> 43:54.000]  We'll be right back.
[44:23.000 --> 44:26.000]  Thousands have won with our step-by-step course.
[44:26.000 --> 44:28.000]  And now you can too.
[44:28.000 --> 44:34.000]  Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience.
[44:34.000 --> 44:39.000]  Even if you're not in a lawsuit, you can learn what everyone should understand
[44:39.000 --> 44:43.000]  about the principles and practices that control our American courts.
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[44:52.000 --> 44:56.000]  Please visit ruleoflawradio.com and click on the banner.
[44:56.000 --> 45:01.000]  Or call toll-free 866-LAW-EZ.
[45:01.000 --> 45:03.000]  The Oklahoma City Bombing.
[45:03.000 --> 45:06.000]  Top 10 reasons to question the official story.
[45:06.000 --> 45:10.000]  Reason number one, John Doe number two, and other accomplices.
[45:10.000 --> 45:14.000]  On the day of the bombing, nearly all of the witnesses that saw Tim McVeigh and the Ryder truck
[45:14.000 --> 45:17.000]  report that he was accompanied by other perpetrators.
[45:17.000 --> 45:21.000]  The FBI and federal prosecutors insist that Tim McVeigh alone
[45:21.000 --> 45:25.000]  delivered the Ryder truck bomb to the Murrah Building and detonated it.
[45:25.000 --> 45:29.000]  The only witness the government produced to place McVeigh at the building that morning,
[45:29.000 --> 45:33.000]  Dana Bradley, who lost her children and one of her legs in the bombing,
[45:33.000 --> 45:39.000]  testified that she saw McVeigh with another man, the fateful John Doe number two, exiting the Ryder truck.
[45:39.000 --> 45:44.000]  While at least 15 other witnesses claim to have seen McVeigh with other perpetrators the day of the bombing,
[45:44.000 --> 45:51.000]  no less than 226 witnesses placed him with other men in the days before the bombing,
[45:51.000 --> 45:57.000]  including when he rented the Ryder truck, and in some cases have positively identified the other perpetrators.
[45:57.000 --> 46:25.000]  For more information, please visit okcbombingtruth.com.
[46:25.000 --> 46:42.000]  Okay, you're back. I'm Randy Kelton, and I've had a lot of time to do a few things from the School of Hard Knocks
[46:42.000 --> 46:50.000]  and done a lot of studying. But the case law is pretty clear and pretty consistent.
[46:50.000 --> 47:02.000]  Any data that is entered into a computer retains its status as statements made by an out-of-court declarant,
[47:02.000 --> 47:09.000]  which is hearsay. So then if you go and download the MERS user guide,
[47:09.000 --> 47:15.000]  it makes it pretty clear that every single piece of data in the MERS system is hearsay.
[47:15.000 --> 47:20.000]  It relies on human input to get there.
[47:20.000 --> 47:29.000]  So for example, in my case, in discovery, the attorneys gave one of the MERS milestone reports
[47:29.000 --> 47:38.000]  that supposedly shows the chain of title from the original lender all the way through to the servicer
[47:38.000 --> 47:41.000]  who is now making their second foreclosure attempt.
[47:41.000 --> 47:51.000]  It seems to me, and I haven't tried it yet, but it seems to me that any piece of data that comes out of the MERS system
[47:51.000 --> 47:55.000]  should be able to be stricken as hearsay. I just wanted to get your thoughts on that.
[47:55.000 --> 48:02.000]  Well, unless they can bring the person who actually either entered the information
[48:02.000 --> 48:11.000]  or someone who oversees the system and has personal knowledge of the workings of the system
[48:11.000 --> 48:17.000]  and these records are kept in the normal course of doing business, that's the case that I've seen.
[48:17.000 --> 48:22.000]  Okay. Well, and that brings me to my next point.
[48:22.000 --> 48:31.000]  At the time that MERS supposedly transferred and assigned my note and deed of trust to the servicer,
[48:31.000 --> 48:39.000]  that, well, let me back up a little bit. Are you familiar with the deposition by William Holtman,
[48:39.000 --> 48:42.000]  the secretary and treasurer of MERS Corp?
[48:42.000 --> 48:44.000]  Yes, I am.
[48:44.000 --> 48:53.000]  Okay. So he admitted in that deposition a five-year period in which MERS had no live employees whatsoever.
[48:53.000 --> 49:01.000]  So there was a five-year period where supposedly MERS is transferring and assigning all of these notes and deeds of trust,
[49:01.000 --> 49:06.000]  but they had no employees. So, you know, how does that work?
[49:06.000 --> 49:11.000]  Well, they had no direct employees. And that is a good question.
[49:11.000 --> 49:23.000]  They had people assigned as officers for MERS who actually worked for the MERS members.
[49:23.000 --> 49:33.000]  So while the people doing the work for another bank, they were apparently supposedly doing it for MERS.
[49:33.000 --> 49:43.000]  So what it comes out is MERS was just a front and all of these record keeping was done by the banks and not by MERS at all.
[49:43.000 --> 49:50.000]  MERS was essentially a fiction through which they could rattle this.
[49:50.000 --> 49:53.000]  It was all a fiction for the purpose of hiding behind them.
[49:53.000 --> 49:56.000]  Yeah, it's a curtain to hide behind.
[49:56.000 --> 50:05.000]  And that's an argument you should look at is that MERS was a scheme, an artifice,
[50:05.000 --> 50:20.000]  for the purpose of circumventing the intent of legislation designed to support the kind of recorder.
[50:20.000 --> 50:27.000]  And from the doctrine that no man shall be allowed to profit from his own misdeeds,
[50:27.000 --> 50:36.000]  MERS should not be allowed to participate in any judicial proceeding because they come to the court without clean hands.
[50:36.000 --> 50:38.000]  Correct.
[50:38.000 --> 50:50.000]  But going to the issue of the documents, you know, it's really easy to tear them apart.
[50:50.000 --> 50:59.000]  If MERS would want to bring some computer generated data, I'm going to want to see the source code.
[50:59.000 --> 51:09.000]  If they maintain that the computer did this calculation, well, I want to see the source code.
[51:09.000 --> 51:13.000]  I want to see how the computer got to that data.
[51:13.000 --> 51:14.000]  Yep, exactly.
[51:14.000 --> 51:18.000]  That's one of the issues that I do plan to raise at some point.
[51:18.000 --> 51:23.000]  Yeah, if they offer anything computer generated asked for the source code,
[51:23.000 --> 51:25.000]  that'll really get them jumping up and down.
[51:25.000 --> 51:38.000]  And they need to make sure that you want to know from them what practices they have in place to ensure that their computer systems keep accurate records.
[51:38.000 --> 51:45.000]  Well, as they have no employees during the time period, and then they can't show,
[51:45.000 --> 51:55.000]  and this is in the Frederick Questions Practices Act that they have to maintain their computer systems in such a manner as to avoid errors.
[51:55.000 --> 52:09.000]  Well, and the way I understand it is, you know, as big of a monster as MERS appears to be, they only have five people maintaining their systems.
[52:09.000 --> 52:12.000]  So I would definitely want to see the source code.
[52:12.000 --> 52:13.000]  Yep.
[52:13.000 --> 52:17.000]  And the qualifications of the people maintaining the systems.
[52:17.000 --> 52:19.000]  Exactly.
[52:19.000 --> 52:26.000]  And going to the issue of who actually enters the data, for example, in my case,
[52:26.000 --> 52:33.000]  the gentleman who executed the assignment of note and deed of trust,
[52:33.000 --> 52:39.000]  he purported on the face of that document to be Assistant Secretary of MERS.
[52:39.000 --> 52:49.000]  He is, in fact, lead counsel for the attorney firm that the foreclosing servicer hired to represent them.
[52:49.000 --> 52:52.000]  So does that not seem like a conflict of interest to you?
[52:52.000 --> 52:59.000]  I mean, essentially, they reached across the fence and assigned the note and deed of trust to themselves.
[52:59.000 --> 53:02.000]  That I see a lot.
[53:02.000 --> 53:07.000]  And I would think that was absolutely a conflict of interest.
[53:07.000 --> 53:11.000]  I'd have to go back to the Bar Association standards.
[53:11.000 --> 53:15.000]  Are you familiar with my site bargrevance.net?
[53:15.000 --> 53:16.000]  I am, yes.
[53:16.000 --> 53:17.000]  Okay.
[53:17.000 --> 53:22.000]  Go to the section on the standards where I have it in question or format.
[53:22.000 --> 53:25.000]  You should be able to find the standard in there.
[53:25.000 --> 53:30.000]  As I remember, there is a rather large section on that issue.
[53:30.000 --> 53:31.000]  Okay.
[53:31.000 --> 53:35.000]  Okay, I'll pull that down and take a look at it.
[53:35.000 --> 53:39.000]  And it'd be great to start hammering those guys with bargrevances.
[53:39.000 --> 53:42.000]  They're going to be really, really unhappy.
[53:42.000 --> 53:53.000]  So did you file suit against the creditor or did they file suit against you?
[53:53.000 --> 53:55.000]  No, I brought the suit.
[53:55.000 --> 53:58.000]  Let me give you a little background on my case.
[53:58.000 --> 54:04.000]  As I said, I haven't made any payments since March of 09.
[54:04.000 --> 54:09.000]  I went back and forth with the alleged servicer for some time,
[54:09.000 --> 54:16.000]  held him off in private administrative remedy for quite some time.
[54:16.000 --> 54:20.000]  All together I had 12 sale dates scheduled.
[54:20.000 --> 54:27.000]  Actually, what started all of this is I got served with a citation to appear in the eviction court.
[54:27.000 --> 54:29.000]  Had no clue what was going on.
[54:29.000 --> 54:31.000]  Went to the eviction court.
[54:31.000 --> 54:35.000]  Filed a motion for continuance based on the grounds that, you know,
[54:35.000 --> 54:39.000]  I only had four business days to find out what was going on.
[54:39.000 --> 54:41.000]  I had no idea.
[54:41.000 --> 54:48.000]  I did not get any of the notices that are required under the Texas property code prior to a foreclosure.
[54:48.000 --> 54:53.000]  By way of the summons to appear in an eviction court,
[54:53.000 --> 55:00.000]  I found out that a couple of months prior they had already foreclosed and sold my home.
[55:00.000 --> 55:06.000]  And got granted a continuance, a 10-day continuance in the eviction court.
[55:06.000 --> 55:12.000]  And during that time I found out the requirements that were,
[55:12.000 --> 55:17.000]  I don't know if they're still active, but I know at that time they were required under federal law
[55:17.000 --> 55:22.000]  to offer a hand modification prior to any foreclosure, which they did not do.
[55:22.000 --> 55:25.000]  And when I raised that issue with the servicer, they said,
[55:25.000 --> 55:34.000]  well, you know, maybe we can work with you. And they dropped the eviction and did a full recision of the foreclosure
[55:34.000 --> 55:39.000]  and the sale or reconveyance of title and warranty deeds and all that.
[55:39.000 --> 55:44.000]  And promised to work with me going forward.
[55:44.000 --> 55:48.000]  And subsequently, you know, didn't keep any of those promises.
[55:48.000 --> 55:51.000]  Started trying to foreclose on me a second time.
[55:51.000 --> 55:55.000]  And I ended up bringing the suit against them.
[55:55.000 --> 55:59.000]  And what were the causes of action?
[55:59.000 --> 56:08.000]  Wrongful foreclosure, not being a real party of interest, not being older and due course.
[56:08.000 --> 56:17.000]  And then frauds based in the original contract, basically claiming that they're, you know,
[56:17.000 --> 56:24.000]  the servicer is claiming the right and authority to foreclose based on an assignment of note and deed trust
[56:24.000 --> 56:33.000]  from an entity which itself had no rights or authority of its own to assign over and fraud.
[56:33.000 --> 56:41.000]  Did you check with Fannie Mae, Freddie Mac, and Edgar to see where the note actually was?
[56:41.000 --> 56:50.000]  Well, I've tried to. And both Fannie Mae and Freddie Mac say that they don't own the loan.
[56:50.000 --> 56:52.000]  Have you looked in Edgar?
[56:52.000 --> 57:05.000]  And I had someone do an ABS report and Bloomberg, or an ABS check and a Bloomberg check
[57:05.000 --> 57:14.000]  to see which mortgage pool the loan was in. And they say that that loan does not appear in any mortgage pool anywhere.
[57:14.000 --> 57:17.000]  They can't find it anywhere.
[57:17.000 --> 57:25.000]  As far as the Edgar data goes, I went and pulled the pulling and servicing agreement
[57:25.000 --> 57:28.000]  and all of the documents and contracts and so forth related to that.
[57:28.000 --> 57:36.000]  And I can't find, I cannot find the mortgage in any of that stuff anywhere.
[57:36.000 --> 57:50.000]  That is interesting. You might look at the pools created by the lender during the 90 day period in which you signed the note.
[57:50.000 --> 57:52.000]  Okay.
[57:52.000 --> 57:58.000]  If they were, who was the lender, by the way?
[57:58.000 --> 58:02.000]  It was its Universal American Mortgage Company.
[58:02.000 --> 58:05.000]  Go ahead.
[58:05.000 --> 58:07.000]  Are they out of business?
[58:07.000 --> 58:09.000]  Nope.
[58:09.000 --> 58:11.000]  Okay, that is interesting.
[58:11.000 --> 58:14.000]  And okay, we'd like to pick this up on the other side.
[58:14.000 --> 58:19.000]  That's interesting that we have one we can't find where it's been securitized.
[58:19.000 --> 58:22.000]  I haven't heard of that before in Texas.
[58:22.000 --> 58:27.000]  Okay, this is Randy Kelton, Deborah Stephens, Ed Craig with the radio.
[58:27.000 --> 58:32.000]  Our call in number 512-646-1984.
[58:32.000 --> 58:42.000]  This is we're going into the third hour of our fourth hour of our info marathon.
[58:42.000 --> 58:44.000]  Yeah.
[58:44.000 --> 58:49.000]  Give us a call. We've got Mike, Robin and Doug.
[58:49.000 --> 58:52.000]  We will take you on the other side.
[58:52.000 --> 58:58.000]  We'll be right back.
[58:58.000 --> 59:25.000]  We'll be right back.
[59:28.000 --> 59:38.000]  We'll be right back.
[59:58.000 --> 01:00:02.000]  That's freestudybible.com.
[01:00:02.000 --> 01:00:06.000]  Okay, take a right turn at the gas station and go two blocks.
[01:00:06.000 --> 01:00:08.000]  Turn left on Main and it's the third house.
[01:00:08.000 --> 01:00:09.000]  Oh, hi!
[01:00:09.000 --> 01:00:13.000]  Catherine Albrecht here giving driving directions that involve left turns.
[01:00:13.000 --> 01:00:15.000]  Well, I still can.
[01:00:15.000 --> 01:00:44.000]  We'll be right back.
[01:00:45.000 --> 01:00:49.000]  A super street is a road where the left hand turns are rerouted.
[01:00:49.000 --> 01:00:54.000]  Drivers instead have to make a right turn and then make a U turn around a broad median.
[01:00:54.000 --> 01:00:56.000]  Well, this may seem silly and time consuming.
[01:00:56.000 --> 01:01:02.000]  Research shows a 20% overall reduction in travel time compared to conventional intersections.
[01:01:02.000 --> 01:01:08.000]  What's more, super street intersections have nearly 50% fewer reported automobile collisions
[01:01:08.000 --> 01:01:11.000]  and 63% fewer cases of personal injury.
[01:01:11.000 --> 01:01:16.000]  The super street concept has been around for over 20 years, but until now little research
[01:01:16.000 --> 01:01:20.000]  had been done to assess its effectiveness under real world conditions.
[01:01:20.000 --> 01:01:25.000]  Given the latest data, left turns may soon become an endangered species.
[01:01:25.000 --> 01:01:26.000]  I'm Dr. Catherine Albrecht.
[01:01:26.000 --> 01:01:33.000]  More news and information at CatherineAlbrecht.com.
[01:01:33.000 --> 01:01:37.000]  Ah, that new car smell.
[01:01:37.000 --> 01:01:40.000]  Well, maybe it's not so great after all.
[01:01:40.000 --> 01:01:43.000]  Yes, it could be downright bad for your health.
[01:01:43.000 --> 01:01:47.000]  I'm Dr. Catherine Albrecht and I'll be right back to tell you why it stinks.
[01:01:47.000 --> 01:01:49.000]  Privacy is under attack.
[01:01:49.000 --> 01:01:53.000]  When you give up data about yourself, you'll never get it back again.
[01:01:53.000 --> 01:01:57.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:01:57.000 --> 01:01:59.000]  So protect your rights.
[01:01:59.000 --> 01:02:03.000]  Say no to surveillance and keep your information to yourself.
[01:02:03.000 --> 01:02:05.000]  Privacy, it's worth hanging on to.
[01:02:05.000 --> 01:02:09.000]  This public service announcement is brought to you by startpage.com.
[01:02:09.000 --> 01:02:13.000]  It's a search engine alternative to Google, Yahoo, and Bing.
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[01:02:16.000 --> 01:02:23.000]  There's nothing quite like that new car smell, but it turns out it's actually the smell of some very toxic chemicals.
[01:02:23.000 --> 01:02:31.000]  The 250 pounds of plastic adhesive and foam in every new car release toxic benzene, acetone, and formaldehyde.
[01:02:31.000 --> 01:02:37.000]  These chemicals can cause cancer and are linked to birth defects, impaired learning, and premature births.
[01:02:37.000 --> 01:02:44.000]  A recent study looked at the air inside of six new cars and found more than 20 times the safe amount of those chemicals.
[01:02:44.000 --> 01:02:51.000]  Fortunately, they decay at the rate of about 20% a week, reaching normal indoor air quality levels in about six months.
[01:02:51.000 --> 01:02:55.000]  So buy your next car used or at least roll down the windows.
[01:02:55.000 --> 01:03:02.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:03:02.000 --> 01:03:09.000]  Looking for some truth? You found it. LogosRadioNetwork.com.
[01:03:33.000 --> 01:03:40.000]  I would like to find my brother-in-law until he returns.
[01:03:40.000 --> 01:03:45.000]  I would like to find my brother-in-law until he's gone.
[01:03:45.000 --> 01:03:49.000]  He has me with his friends and with us.
[01:03:49.000 --> 01:03:53.000]  I will hate my concern.
[01:03:53.000 --> 01:03:56.000]  I would like to find my brother-in-law until he returns.
[01:03:56.000 --> 01:04:12.800]  Okay, Johnny, approximately where are you at in the process at the moment?
[01:04:12.800 --> 01:04:25.080]  Well, as I said, going on the 19th month in litigation, I managed to run off the largest
[01:04:25.080 --> 01:04:26.960]  debt collection attorney firm in the nation.
[01:04:26.960 --> 01:04:29.840]  I don't know if I should say their name on the air, but I'm sure you know who that is.
[01:04:29.840 --> 01:04:30.840]  Yes, say their name.
[01:04:30.840 --> 01:04:31.840]  Say their name.
[01:04:31.840 --> 01:04:32.840]  Really loud.
[01:04:32.840 --> 01:04:35.280]  Barrett, Daphne, Frippier, Turner and Engel.
[01:04:35.280 --> 01:04:38.840]  Frapper and yeah, Frapper and Slapper and Cuth.
[01:04:38.840 --> 01:04:44.440]  Yeah, that's one of the same indices that the Skidmore's have on their mortgage.
[01:04:44.440 --> 01:04:45.640]  That's one they're dealing with.
[01:04:45.640 --> 01:04:46.640]  Yep.
[01:04:46.640 --> 01:04:48.800]  And they have several other names as well.
[01:04:48.800 --> 01:04:53.680]  Barrett, Booth, Berk, Booth, Wilson, Cassles, something or other.
[01:04:53.680 --> 01:04:58.640]  And they're all under the umbrella of Dolan Media, interestingly.
[01:04:58.640 --> 01:05:01.040]  I found that on the Secretary of State's website.
[01:05:01.040 --> 01:05:03.680]  I'm not sure if you're aware of that.
[01:05:03.680 --> 01:05:10.640]  And they're also in cahoots with National Default Exchange, LLP.
[01:05:10.640 --> 01:05:16.200]  All those companies have the same address, so I just thought that was a little bit interesting.
[01:05:16.200 --> 01:05:23.960]  But they actually defaulted, in the very beginning of the process, they sent me what they called
[01:05:23.960 --> 01:05:30.320]  a debt verification letter that basically said, you know, as proof of the debt, please
[01:05:30.320 --> 01:05:35.240]  find and close the copy of the note and deed of trust.
[01:05:35.240 --> 01:05:41.600]  I responded to that about a 40-page letter, basically told them that I wasn't interested
[01:05:41.600 --> 01:05:42.600]  in the copy.
[01:05:42.600 --> 01:05:43.600]  A lot of people have copies.
[01:05:43.600 --> 01:05:50.400]  I want to see the genuine original with the indenture together with all of the elanches
[01:05:50.400 --> 01:05:58.280]  and told them if they intended to move forward based on a copy of the note and deed of trust
[01:05:58.280 --> 01:06:01.600]  that they should inform their client that I'll be happy to pay them in full right now
[01:06:01.600 --> 01:06:06.800]  with a copy of a check or a copy of a cashier's check, a copy of a money order, et cetera.
[01:06:06.800 --> 01:06:07.800]  Never heard back from them.
[01:06:07.800 --> 01:06:14.120]  They didn't show up in court, never made an appearance, never filed an answer.
[01:06:14.120 --> 01:06:20.320]  So I was set for default judgment and on the morning that I went to my default judgment
[01:06:20.320 --> 01:06:25.520]  hearing, the court coordinator comes and says, you're here for your default judgment hearing.
[01:06:25.520 --> 01:06:26.520]  And I said, yeah.
[01:06:26.520 --> 01:06:27.520]  She says, well, they filed an answer.
[01:06:27.520 --> 01:06:32.120]  And I said, well, not within the time allotted by the rules, they didn't.
[01:06:32.120 --> 01:06:33.800]  I said, when did they file it?
[01:06:33.800 --> 01:06:37.880]  She said yesterday about 15 minutes before closed business, you want to come around to
[01:06:37.880 --> 01:06:41.040]  the office and I'll show you a copy of it.
[01:06:41.040 --> 01:06:45.360]  And it was a completely different attorney firm.
[01:06:45.360 --> 01:06:51.640]  And I fought and, you know, kicked and screamed, but not literally, but through pleadings and
[01:06:51.640 --> 01:06:53.480]  arguments and whatnot.
[01:06:53.480 --> 01:06:59.720]  But the judge allowed them to go forward, would not grant the default judgment.
[01:06:59.720 --> 01:07:04.000]  Did you file a judicial conduct complaint against the judge?
[01:07:04.000 --> 01:07:05.000]  Yeah.
[01:07:05.000 --> 01:07:10.080]  And I actually, the first thing that I did, the very first day that I went in and talked
[01:07:10.080 --> 01:07:16.360]  with that judge, she came out, she told me that I wasn't going to be living in an house
[01:07:16.360 --> 01:07:23.200]  for free and that unless I had worked out payment arrangements with the bank by the
[01:07:23.200 --> 01:07:27.000]  time we came back for the hearing on the TRO, she wasn't going to continue to enforce the
[01:07:27.000 --> 01:07:28.000]  TRO.
[01:07:28.000 --> 01:07:34.760]  She was very adamant that I was going to have an attorney, told me that she was not so sure
[01:07:34.760 --> 01:07:39.360]  that I was going to win the case, even on appeal, so on and so forth.
[01:07:39.360 --> 01:07:42.840]  And I said, well, you know, it sounds to me like this case has already been decided.
[01:07:42.840 --> 01:07:50.400]  And so the very second pleading I filed was a motion for recusal, which went for hearing
[01:07:50.400 --> 01:07:54.880]  before the Chief Administrative Judge and he denied it, so I've been dealing with this
[01:07:54.880 --> 01:07:55.880]  judge ever since.
[01:07:55.880 --> 01:07:59.760]  Who was, who was the Chief Administrative Judge?
[01:07:59.760 --> 01:08:03.800]  I was named the Chief.
[01:08:03.800 --> 01:08:04.800]  Ovard?
[01:08:04.800 --> 01:08:08.720]  No, this was in Tarrant County.
[01:08:08.720 --> 01:08:12.120]  It was John O. I think it would be John Ovard.
[01:08:12.120 --> 01:08:20.560]  No, that name doesn't sound familiar, but the name, the actual name does escape me at the
[01:08:20.560 --> 01:08:21.560]  moment.
[01:08:21.560 --> 01:08:31.760]  Anyway, okay, I'm after Ovard, I just filed criminal charges against him with the Chief
[01:08:31.760 --> 01:08:33.760]  Justice of the Supreme.
[01:08:33.760 --> 01:08:34.760]  Oh, wow.
[01:08:34.760 --> 01:08:37.400]  Yeah, you're not playing around there.
[01:08:37.400 --> 01:08:45.840]  Well, they give you, if you disqualify the head administrative judge of the district,
[01:08:45.840 --> 01:08:50.440]  then the rule 18 requires that you notify the Chief Justice.
[01:08:50.440 --> 01:08:51.440]  Okay.
[01:08:51.440 --> 01:08:52.440]  Yuck, yuck.
[01:08:52.440 --> 01:08:53.440]  Okay, yeah.
[01:08:53.440 --> 01:08:54.440]  That's good to know.
[01:08:54.440 --> 01:09:09.120]  Well, in any case, I've been in litigation ever since and basically they've tried three
[01:09:09.120 --> 01:09:12.960]  summary judgments and so on and so forth.
[01:09:12.960 --> 01:09:18.240]  The main issue, I mean, I've been doing a decent job of staying in the fight.
[01:09:18.240 --> 01:09:23.080]  The main issue I've been facing is probably whatever the other pro-save litigant faces
[01:09:23.080 --> 01:09:30.400]  in the situation is, as the attorney firm that replaced Barat Daphne is a monster and as
[01:09:30.400 --> 01:09:35.960]  I understand it, they have a lot of political bulls in Tarrant County, it's an $850 an
[01:09:35.960 --> 01:09:41.480]  hour firm, it's a monstrous firm and they have an army of people to do research and
[01:09:41.480 --> 01:09:43.560]  write pleadings and so on and so forth.
[01:09:43.560 --> 01:09:49.600]  So their game is to try to wear me out and I've been just basically fighting off a bunch
[01:09:49.600 --> 01:09:50.600]  of, you know...
[01:09:50.600 --> 01:09:53.560]  Oh, a monster is even better.
[01:09:53.560 --> 01:10:02.200]  A monster firm like that, everything is about billable hours and as soon as they write a
[01:10:02.200 --> 01:10:12.000]  pleading that looks a little bit off-center, then you accuse them of turning the case and
[01:10:12.000 --> 01:10:18.000]  move to have... move for sanctions against them, which they'll deny and bar-greave them.
[01:10:18.000 --> 01:10:25.720]  That's something I'm working on now is sanctions and I haven't filed sanctions previously,
[01:10:25.720 --> 01:10:29.880]  so that's something I'm looking into at the moment.
[01:10:29.880 --> 01:10:33.480]  Okay, okay, you're around Tarrant County.
[01:10:33.480 --> 01:10:34.480]  Well, good.
[01:10:34.480 --> 01:10:35.480]  Yes.
[01:10:35.480 --> 01:10:36.480]  Keep us informed.
[01:10:36.480 --> 01:10:37.480]  Keep us up to date on what you're doing.
[01:10:37.480 --> 01:10:38.480]  Yeah, I will.
[01:10:38.480 --> 01:10:39.480]  I will.
[01:10:39.480 --> 01:10:44.560]  We don't have enough people out there who do their own work and really take them on,
[01:10:44.560 --> 01:10:50.800]  but I do have people who are in the state court, I had someone, a couple out of Houston
[01:10:50.800 --> 01:10:54.640]  that had stayed in court with them for 10 years.
[01:10:54.640 --> 01:10:55.640]  Oh, wow.
[01:10:55.640 --> 01:11:01.520]  You know, I heard of a case up in Florida where a woman has been fighting for closure
[01:11:01.520 --> 01:11:03.520]  for 30 years.
[01:11:03.520 --> 01:11:08.720]  Yeah, I heard one 20, I didn't hear the 30 one.
[01:11:08.720 --> 01:11:15.560]  But that's what we tell people about the problem with litigation is it takes forever.
[01:11:15.560 --> 01:11:18.920]  And from our perspective, that's a good thing.
[01:11:18.920 --> 01:11:19.920]  Yeah.
[01:11:19.920 --> 01:11:22.320]  Well, it's discouraging to a lot of people.
[01:11:22.320 --> 01:11:27.520]  You know, I've never been... this is my first time in civil court and it's my first
[01:11:27.520 --> 01:11:35.000]  time as a plaintiff in anything and I've had to learn a lot of this by seeing my pants
[01:11:35.000 --> 01:11:37.000]  as I go along.
[01:11:37.000 --> 01:11:41.040]  Well, I've made a few mistakes along the way, but I mean, overall, I'm still in there.
[01:11:41.040 --> 01:11:44.360]  And you know, at this point, they've probably spent two or three times the value of my house
[01:11:44.360 --> 01:11:46.320]  trying to get me out of it.
[01:11:46.320 --> 01:11:49.480]  That's the whole idea.
[01:11:49.480 --> 01:11:51.960]  Have you looked at the criminal side?
[01:11:51.960 --> 01:11:52.960]  Yeah.
[01:11:52.960 --> 01:12:01.760]  One of the causes of action that I raised was based on some old case law and that it
[01:12:01.760 --> 01:12:10.280]  has more recently, it was a claim of civil conversion, that is more recently in Texas
[01:12:10.280 --> 01:12:13.760]  been converted to criminal.
[01:12:13.760 --> 01:12:19.360]  And so they brought in a motion to dismiss that cause of action based on lack of jurisdiction.
[01:12:19.360 --> 01:12:22.560]  Their argument was, well, you know, that's no longer a civil action, it's a criminal
[01:12:22.560 --> 01:12:27.280]  action, this is a civil case, therefore the court doesn't have jurisdiction.
[01:12:27.280 --> 01:12:32.160]  And furthermore, the plaintiff does not have standing to bring criminal charges because
[01:12:32.160 --> 01:12:37.160]  he is not a district attorney, so on and so forth.
[01:12:37.160 --> 01:12:43.320]  And so in my answer, I pointed out to them that, you know, I don't need to be a district
[01:12:43.320 --> 01:12:47.600]  attorney to bring criminal charges that I have the right to approach the grand jury directly.
[01:12:47.600 --> 01:12:52.880]  And in fact, criminal charges are being brought and investigations are underway, listed off
[01:12:52.880 --> 01:12:57.360]  all the agencies and so on and so forth.
[01:12:57.360 --> 01:13:00.000]  And judge raised a little bit of an issue about that, you know, you're not going to
[01:13:00.000 --> 01:13:04.040]  be making threats and, you know, in my court and I said, look, Your Honor, they opened
[01:13:04.040 --> 01:13:07.680]  the door to talk about the criminal charges, all I did was walk through the door that they
[01:13:07.680 --> 01:13:08.680]  opened.
[01:13:08.680 --> 01:13:12.160]  She said, all right, okay, well, we're just not going to talk about that anymore, you
[01:13:12.160 --> 01:13:13.160]  know.
[01:13:13.160 --> 01:13:21.200]  Well, if you go to the, well, it may not be there now, but I had a friend whose stepson
[01:13:21.200 --> 01:13:27.160]  was a sergeant on the Terran County Sheriff's Department and he came to Jim and he said,
[01:13:27.160 --> 01:13:33.200]  Jim, what is Randy Kelton's picture doing hanging up in the grand jury room with a note
[01:13:33.200 --> 01:13:41.440]  that says, if you see this man called security, something like me, what can I say?
[01:13:41.440 --> 01:13:46.800]  It's a wonderful, keep this up and keep us posted on what occurs.
[01:13:46.800 --> 01:13:47.800]  Yeah, I will.
[01:13:47.800 --> 01:13:50.640]  And I just have one quick question for Eddie.
[01:13:50.640 --> 01:13:54.960]  I know he's getting bored quite most of the night.
[01:13:54.960 --> 01:14:02.000]  Eddie, you know, I've heard you speak about the, you know, everything in the transportation
[01:14:02.000 --> 01:14:05.120]  code being commercial in nature.
[01:14:05.120 --> 01:14:09.840]  I've seen a ton of Supreme Court case law to support that and I've actually used it
[01:14:09.840 --> 01:14:16.280]  in court with some good success, but as far as the statutory side of it, where exactly
[01:14:16.280 --> 01:14:21.040]  are you finding that in the statutes?
[01:14:21.040 --> 01:14:26.040]  Well the statutes themselves are in what code?
[01:14:26.040 --> 01:14:28.040]  The transportation code.
[01:14:28.040 --> 01:14:29.040]  Right.
[01:14:29.040 --> 01:14:33.240]  Where is the word transportation defined in any Texas statute?
[01:14:33.240 --> 01:14:34.240]  It's not.
[01:14:34.240 --> 01:14:36.880]  I've looked for it.
[01:14:36.880 --> 01:14:37.880]  That's correct.
[01:14:37.880 --> 01:14:41.880]  So there's only two places that it could be gotten from if it's not in the statute,
[01:14:41.880 --> 01:14:42.880]  right?
[01:14:42.880 --> 01:14:43.880]  Yep.
[01:14:43.880 --> 01:14:44.880]  Well...
[01:14:44.880 --> 01:14:45.880]  And those two are?
[01:14:45.880 --> 01:14:52.320]  Well, there are other places and the places that I've gotten those definitions are law
[01:14:52.320 --> 01:14:58.400]  dictionaries, corpus turcicondum, case law, so...
[01:14:58.400 --> 01:14:59.400]  Right.
[01:14:59.400 --> 01:15:01.400]  And that's where I get them from.
[01:15:01.400 --> 01:15:05.920]  The federal case law defines transportation as commercial activity.
[01:15:05.920 --> 01:15:07.320]  All of it does.
[01:15:07.320 --> 01:15:11.400]  That word is never defined in any other manner in federal law.
[01:15:11.400 --> 01:15:12.400]  Okay.
[01:15:12.400 --> 01:15:13.400]  Yeah.
[01:15:13.400 --> 01:15:14.400]  And I've done a ton of it.
[01:15:14.400 --> 01:15:19.480]  I thought that I could say one time that it was spelled out in the statutes, but maybe...
[01:15:19.480 --> 01:15:24.440]  Then you look in the administrative code and you find out that all the rules and regulations
[01:15:24.440 --> 01:15:31.160]  of the transportation code are based upon Title 49 United States code, which is what?
[01:15:31.160 --> 01:15:36.080]  Federal, motor, carrier, safety, act.
[01:15:36.080 --> 01:15:38.080]  Yep.
[01:15:38.080 --> 01:15:42.040]  What is a carrier?
[01:15:42.040 --> 01:15:46.240]  Somebody who basically attacks you or somebody who is hauling something.
[01:15:46.240 --> 01:15:52.960]  Anyone who is transporting persons, goods, or property from one place to another for compensation
[01:15:52.960 --> 01:15:53.960]  or hire.
[01:15:53.960 --> 01:15:54.960]  Right.
[01:15:54.960 --> 01:15:56.880]  That means commercial carrier.
[01:15:56.880 --> 01:15:57.880]  Right.
[01:15:57.880 --> 01:15:58.880]  Correct.
[01:15:58.880 --> 01:15:59.880]  Right.
[01:15:59.880 --> 01:16:04.160]  And there are two types, public and private carriers.
[01:16:04.160 --> 01:16:05.160]  Okay.
[01:16:05.160 --> 01:16:09.880]  Those that are available to the general public, those that are available under private contract
[01:16:09.880 --> 01:16:12.880]  or specific agencies or individuals.
[01:16:12.880 --> 01:16:13.880]  Okay.
[01:16:13.880 --> 01:16:14.880]  Okay.
[01:16:14.880 --> 01:16:19.520]  Well, you know, like I said, I've used the case law and dictionary definitions and so
[01:16:19.520 --> 01:16:23.880]  forth with some success and they absolutely do not like it.
[01:16:23.880 --> 01:16:27.720]  They'd rather tase you than listen to it, but...
[01:16:27.720 --> 01:16:29.440]  Oh, absolutely.
[01:16:29.440 --> 01:16:30.440]  They don't...
[01:16:30.440 --> 01:16:31.440]  They know what this means.
[01:16:31.440 --> 01:16:35.000]  It means a loss of a huge amount of revenue to them.
[01:16:35.000 --> 01:16:36.000]  Yep.
[01:16:36.000 --> 01:16:37.000]  Hey, thank you.
[01:16:37.000 --> 01:16:42.680]  So on the traffic finds along the city of Austin collected out of 64 million that kept
[01:16:42.680 --> 01:16:44.080]  32 in 2010.
[01:16:44.080 --> 01:16:45.080]  Good.
[01:16:45.080 --> 01:16:48.080]  That's just the city of Austin.
[01:16:48.080 --> 01:16:49.080]  Good.
[01:16:49.080 --> 01:16:50.080]  Okay.
[01:16:50.080 --> 01:16:52.080]  Thanks for calling in, Johnny.
[01:16:52.080 --> 01:16:53.600]  We'll be seeing you here.
[01:16:53.600 --> 01:16:54.600]  All right, folks.
[01:16:54.600 --> 01:16:55.600]  This is Rural Law Radio.
[01:16:55.600 --> 01:16:57.600]  We'll be right back after this break.
[01:16:57.600 --> 01:17:05.480]  Capital Coin & Bullion is a family-owned business built on the promise to bring you affordable
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[01:17:32.760 --> 01:17:37.880]  As always, we buy, sell, and trade precious metals, give appraisals, and cater to those
[01:17:37.880 --> 01:17:40.280]  with all sizes of coin collections.
[01:17:40.280 --> 01:17:45.320]  We're located at 7304 Burnett Road, Suite A, about a half a mile north of Canig next
[01:17:45.320 --> 01:17:48.040]  to the Ikebon Sushi and Genie Car Watch.
[01:17:48.040 --> 01:17:51.680]  We're open Monday through Friday, 10 to 6, Saturdays, 10 to 2.
[01:17:51.680 --> 01:17:58.120]  Visit us at capitalcoinandbullion.com or call 512-646-6440 and say you heard about us on
[01:17:58.120 --> 01:18:01.440]  Rural Law Radio or Texas Liberty Radio.
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[01:19:03.600 --> 01:19:16.600]  Oh, come on.
[01:19:16.600 --> 01:19:32.680]  Okay, back with Kelton W. Stephens and Craig with my radio, and we're going to Mike and
[01:19:32.680 --> 01:19:33.680]  Tennessee.
[01:19:33.680 --> 01:19:35.680]  Mike, what do you have for us tonight?
[01:19:35.680 --> 01:19:36.680]  How you doing, Randy?
[01:19:36.680 --> 01:19:37.680]  You and Eddie?
[01:19:37.680 --> 01:19:38.680]  I've got some real, real good news, I think.
[01:19:38.680 --> 01:19:39.680]  I think I've got the answer to all four closures and mortgages.
[01:19:39.680 --> 01:19:40.680]  All of them.
[01:19:40.680 --> 01:19:47.680]  Okay.
[01:19:47.680 --> 01:19:48.680]  Wonderful.
[01:19:48.680 --> 01:19:53.880]  The first thing I tell you, the first half of it, you will know totally about, I think
[01:19:53.880 --> 01:19:59.360]  the second half, you won't know anything about, I think, and it'll take me five minutes
[01:19:59.360 --> 01:20:03.680]  to explain this from start to finish, and it doesn't require law in any way.
[01:20:03.680 --> 01:20:09.680]  Okay, now then, the first part is just to kind of set up the rules.
[01:20:09.680 --> 01:20:16.040]  Like, let's just say, for example, that I have a $10,000 truck, and I'm wanting some
[01:20:16.040 --> 01:20:22.440]  money for it, you know, and I want to go to the bank and borrow money from the bank,
[01:20:22.440 --> 01:20:26.680]  and the bank looks at it and goes, yeah, that truck is worth $10,000.
[01:20:26.680 --> 01:20:29.640]  Okay, is it your truck?
[01:20:29.640 --> 01:20:31.680]  And you have to prove that it's your truck.
[01:20:31.680 --> 01:20:34.960]  They can't just, you know, you have to show them title or something, right?
[01:20:34.960 --> 01:20:35.960]  Yes.
[01:20:35.960 --> 01:20:39.520]  We're going to put a mortgage straight to that, you know?
[01:20:39.520 --> 01:20:44.920]  You can't have your neighbor's truck and take it there and get $10,000 off, though.
[01:20:44.920 --> 01:20:47.200]  It has to be your item.
[01:20:47.200 --> 01:20:50.360]  It can't be your neighbor's or somebody's, right?
[01:20:50.360 --> 01:20:51.360]  Right.
[01:20:51.360 --> 01:20:57.200]  So, I mean, all right, and so you would have to have possession of that vehicle.
[01:20:57.200 --> 01:21:00.320]  That means title and interest and everything in it.
[01:21:00.320 --> 01:21:04.640]  And so if you turned it over to the bank, you know, let them hold your title, they'd
[01:21:04.640 --> 01:21:08.600]  loan you a dollar on it or $10,000, whatever the number was.
[01:21:08.600 --> 01:21:09.960]  But that's the rule right there.
[01:21:09.960 --> 01:21:14.560]  You can't get a loan on your neighbor's truck, you know?
[01:21:14.560 --> 01:21:19.640]  Even if you're going to buy it next week, you can't get a mortgage or a loan or something
[01:21:19.640 --> 01:21:21.320]  on something you don't own.
[01:21:21.320 --> 01:21:28.480]  Okay, knowing that rule right there, all right, let's say that I'm going to go buy a $100,000
[01:21:28.480 --> 01:21:29.480]  home.
[01:21:29.480 --> 01:21:34.560]  I do the credit application, you know, 30 days ahead of time, and they look at me and
[01:21:34.560 --> 01:21:38.480]  they go, yep, we think you can afford this $100,000 home.
[01:21:38.480 --> 01:21:41.880]  So we go to the closing table now.
[01:21:41.880 --> 01:21:47.280]  I give the mortgage of your company or the bank a note.
[01:21:47.280 --> 01:21:52.280]  They hand me a Federal Reserve note check for $100,000.
[01:21:52.280 --> 01:21:56.720]  It is an equal swap at that time, isn't it?
[01:21:56.720 --> 01:21:59.920]  No, wait a minute, hold on.
[01:21:59.920 --> 01:22:02.480]  You're buying the house, you're selling the house.
[01:22:02.480 --> 01:22:05.400]  I am buying it and let's say you're selling it.
[01:22:05.400 --> 01:22:07.520]  Okay, they do not give you a note.
[01:22:07.520 --> 01:22:09.520]  They give you a warranty deed.
[01:22:09.520 --> 01:22:11.560]  I give them a note.
[01:22:11.560 --> 01:22:14.240]  They give me a check, don't they?
[01:22:14.240 --> 01:22:17.200]  No, no, they give the check to the seller.
[01:22:17.200 --> 01:22:21.680]  Okay, but they're going to hand it to me if I'm going to hand it to the seller right
[01:22:21.680 --> 01:22:26.080]  that moment, isn't it?
[01:22:26.080 --> 01:22:36.640]  No, no, generally they will give a promissory note with present value to the seller in trade
[01:22:36.640 --> 01:22:39.800]  for the deed of trust.
[01:22:39.800 --> 01:22:45.640]  Then they'll bring the deed of trust to you and trade it to you for a promissory note
[01:22:45.640 --> 01:22:50.760]  with no present value, but with increased future value.
[01:22:50.760 --> 01:22:57.600]  Soon you don't buy the property from the seller, the lender buys the property from
[01:22:57.600 --> 01:23:01.760]  the seller and then trades it to you for a promissory note.
[01:23:01.760 --> 01:23:03.960]  They can't do that.
[01:23:03.960 --> 01:23:05.720]  They don't own that.
[01:23:05.720 --> 01:23:09.040]  So I never have the property, is that what you're saying?
[01:23:09.040 --> 01:23:13.080]  Well, yes, the property will belong to you.
[01:23:13.080 --> 01:23:14.080]  When?
[01:23:14.080 --> 01:23:18.920]  As soon as the transaction is completed, you'll have a warranty deed in your hand.
[01:23:18.920 --> 01:23:23.480]  So what you just said right then, then that means I've never owned the property at any
[01:23:23.480 --> 01:23:24.880]  time they'll have it.
[01:23:24.880 --> 01:23:32.960]  Well, if you go look in the county record, you will almost certainly sign the warranty
[01:23:32.960 --> 01:23:36.000]  deed filed in that record in your name.
[01:23:36.000 --> 01:23:39.600]  Okay, here's the way I understand that it happens.
[01:23:39.600 --> 01:23:45.120]  I think it's, let's go with my way for a moment and you correct me if I'm wrong.
[01:23:45.120 --> 01:23:53.560]  I think that they have to give me the check with my name and you as the seller name on
[01:23:53.560 --> 01:24:01.920]  that check and at that point, as soon as I hand you that check, boom, possession and ownership
[01:24:01.920 --> 01:24:05.200]  100% of that land goes to me.
[01:24:05.200 --> 01:24:09.480]  It's transferred at that moment because it's not that way.
[01:24:09.480 --> 01:24:13.360]  I can't pledge my neighbor's truck or house.
[01:24:13.360 --> 01:24:20.440]  Yeah, that's, we're just talking about details, essentially, yes, that's what happens.
[01:24:20.440 --> 01:24:25.080]  Rather, they hand you the check or hand the seller done making difference.
[01:24:25.080 --> 01:24:27.120]  They transfer that property.
[01:24:27.120 --> 01:24:29.840]  The property goes in your name immediately.
[01:24:29.840 --> 01:24:33.840]  Okay, so let's go with factual what actually happens.
[01:24:33.840 --> 01:24:36.720]  That's the only way this can happen is that way.
[01:24:36.720 --> 01:24:45.280]  Well, see, it's like, I want to, you want to borrow money from me to buy this truck
[01:24:45.280 --> 01:24:51.680]  over here and the way they do this with houses is the lender will go over there and buy the
[01:24:51.680 --> 01:25:00.560]  truck and then come to you and trade the truck to you for a promissory note, but he gives
[01:25:00.560 --> 01:25:03.280]  you ownership of the truck.
[01:25:03.280 --> 01:25:07.680]  He might be able to do it on the truck, but on the property, he couldn't do it because
[01:25:07.680 --> 01:25:10.760]  he don't have standing to do any of that stuff.
[01:25:10.760 --> 01:25:11.760]  Certainly does.
[01:25:11.760 --> 01:25:12.760]  He can buy anything he wants to.
[01:25:12.760 --> 01:25:17.280]  I can't, he can't take title to something straight from the seller.
[01:25:17.280 --> 01:25:18.280]  The seller.
[01:25:18.280 --> 01:25:20.280]  Of course he can.
[01:25:20.280 --> 01:25:21.280]  Okay.
[01:25:21.280 --> 01:25:25.280]  If that's true, then I never owned it, not even for a moment.
[01:25:25.280 --> 01:25:32.840]  No, no, he takes title and then he transfers title to you and it's in the real estate settlement
[01:25:32.840 --> 01:25:40.280]  procedures act that if you take, if you take a transfer of a title and you do not intend
[01:25:40.280 --> 01:25:46.520]  to hold that title for longer than 60 days, you don't have to file it with the county
[01:25:46.520 --> 01:25:56.400]  record into your name that you can literally take the title essentially as a, uh, unendorsed
[01:25:56.400 --> 01:26:04.320]  title and then he can hand it to you, it's just like me selling a truck, uh, to you and
[01:26:04.320 --> 01:26:06.760]  you're going to sell it to somebody else.
[01:26:06.760 --> 01:26:08.320]  So I don't put your name on the title.
[01:26:08.320 --> 01:26:13.400]  I just signed the title over to you and then you take it to whoever you're getting it for
[01:26:13.400 --> 01:26:15.760]  and they feel it in.
[01:26:15.760 --> 01:26:17.120]  So this is what the lender does.
[01:26:17.120 --> 01:26:25.040]  He gets the warranty deed from the seller and he holds it in blank and he assigns it
[01:26:25.040 --> 01:26:31.360]  in your name and it never goes into his name, although he held it between the seller and
[01:26:31.360 --> 01:26:32.360]  the buyer.
[01:26:32.360 --> 01:26:33.360]  Okay.
[01:26:33.360 --> 01:26:37.760]  Kim, Kim, I give you my version of it so we don't go round and round just a moment.
[01:26:37.760 --> 01:26:38.760]  Okay.
[01:26:38.760 --> 01:26:42.920]  I can't agree with nothing you're saying, but I'm going like with theory of how they can
[01:26:42.920 --> 01:26:43.920]  pull this off.
[01:26:43.920 --> 01:26:44.920]  Okay.
[01:26:44.920 --> 01:26:45.920]  Okay.
[01:26:45.920 --> 01:26:52.400]  That has to be the property in order for me to do anything with the land, I have to
[01:26:52.400 --> 01:26:53.400]  own it.
[01:26:53.400 --> 01:26:58.480]  If I'm only going to maybe own it someday, I can't give up any rights and interest into
[01:26:58.480 --> 01:27:00.640]  something that I may be going to own.
[01:27:00.640 --> 01:27:02.680]  I have to 100% own it.
[01:27:02.680 --> 01:27:04.400]  Title has to move to me.
[01:27:04.400 --> 01:27:11.480]  That's why I'm saying when I hand them my note to the mortgage company and they hand
[01:27:11.480 --> 01:27:17.520]  me that check, that's an even trade right that moment, then I hand it to you, the seller
[01:27:17.520 --> 01:27:23.200]  and title has transferred as soon as your hand hits that check.
[01:27:23.200 --> 01:27:25.120]  Title has changed and went to me.
[01:27:25.120 --> 01:27:30.800]  I now own that land 100% free and clear that moment.
[01:27:30.800 --> 01:27:31.800]  Okay.
[01:27:31.800 --> 01:27:36.720]  Now then, the deal could stop right there because the bank's going to securitize that
[01:27:36.720 --> 01:27:37.880]  note I just gave them.
[01:27:37.880 --> 01:27:42.920]  They're going to make three times or more profit over the next few years.
[01:27:42.920 --> 01:27:49.680]  So $100,000 house times three, while they shouldn't only be making but $20,000 of transfer
[01:27:49.680 --> 01:27:50.680]  fee.
[01:27:50.680 --> 01:27:51.680]  Okay.
[01:27:51.680 --> 01:27:55.640]  That's one, technically speaking, we should be able to walk away from the table right
[01:27:55.640 --> 01:27:56.640]  that moment.
[01:27:56.640 --> 01:28:03.440]  But if I don't know what this next part is, here's the next part, is that the mortgage
[01:28:03.440 --> 01:28:09.640]  company says, hey, we gave you a loan and if I don't know this, that the deal, this
[01:28:09.640 --> 01:28:17.520]  first part, and they succor me into doing a new contract with them and where I agreed
[01:28:17.520 --> 01:28:22.520]  to pay them for the next few years, we'll say 30 years, an X amount a month.
[01:28:22.520 --> 01:28:30.320]  And if I don't do that deal, then foreclosure or whatever, because I'm going to give them,
[01:28:30.320 --> 01:28:35.960]  I'm going to pledge this new land that I've got to them on this new contract that if I
[01:28:35.960 --> 01:28:41.920]  fail in any way, if I default on this agreement, there's a quick claim deed is put in place
[01:28:41.920 --> 01:28:48.840]  that I sign over to this mortgage company that they can have it if I fail any of our
[01:28:48.840 --> 01:28:50.880]  rules to this agreement.
[01:28:50.880 --> 01:28:54.640]  Now then, here's the good part, I pledged it.
[01:28:54.640 --> 01:28:56.280]  Their name is not on any of this.
[01:28:56.280 --> 01:28:59.480]  I am freely giving this all to them.
[01:28:59.480 --> 01:29:02.320]  There's nobody signs any of this contract.
[01:29:02.320 --> 01:29:03.320]  Okay.
[01:29:03.320 --> 01:29:05.920]  Now then, here's where it goes.
[01:29:05.920 --> 01:29:10.840]  It goes in to the county and the county is like a neutral third party.
[01:29:10.840 --> 01:29:18.560]  They hold this file that I deposited and pledged and I'll say it's kind of like this.
[01:29:18.560 --> 01:29:23.760]  You know, if I go and open an account in a bank and put $100 in deposit into that bank
[01:29:23.760 --> 01:29:28.080]  and I come back a week or a year later and say, I want my money that I deposited in this
[01:29:28.080 --> 01:29:34.440]  bank back because you're holding it for me, they are obligated to give me that $100 back.
[01:29:34.440 --> 01:29:40.800]  The county is the same way, I pledged, I deposited this paperwork into the county, they're holding
[01:29:40.800 --> 01:29:46.240]  it for me and I can go right back down there and pull out the paperwork out at any time.
[01:29:46.240 --> 01:29:51.440]  No, okay, hold on, no, you cannot, but I'll explain why when we come back on the other
[01:29:51.440 --> 01:29:52.440]  side.
[01:29:52.440 --> 01:29:55.920]  This is Randy Kelton, Deputy Secretary of State, Greg Lugla Radio.
[01:29:55.920 --> 01:30:00.920]  I call in number 512-646-1984.
[01:30:00.920 --> 01:30:06.200]  A noble lie, Oklahoma City, 1995 will change forever the way you look at the true nature
[01:30:06.200 --> 01:30:07.200]  of terrorism.
[01:30:07.200 --> 01:30:11.120]  Based on the damage pattern to the building, but the government seems impossible.
[01:30:11.120 --> 01:30:14.760]  The grand jury did not want to hear anything I had to say.
[01:30:14.760 --> 01:30:18.560]  The decision was made not to pursue any more of those individuals.
[01:30:18.560 --> 01:30:23.280]  Some of these columns were ripped up, shredded, tossed around.
[01:30:23.280 --> 01:30:26.880]  The people that did the things they did, they've gone on well with what they were doing.
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[01:32:23.240 --> 01:32:42.040]  Okay, we're back, Randy Kelp, David Stevens, Eddie Craver with my radio.
[01:32:42.040 --> 01:32:49.440]  Mike, listen to what you're proposing, and I think you're missing something.
[01:32:49.440 --> 01:33:02.440]  I'm thinking over the break how to make this make sense, and what it seems that you're proposing is that you agree with the lender to make a trade.
[01:33:02.440 --> 01:33:15.840]  And the lender, as his part of the trade, you're saying he gives you a check, and then you give the check to the seller.
[01:33:15.840 --> 01:33:33.240]  And the seller gives you the property, and then in the agreement, you have agreed to give the lender a claim against your property.
[01:33:33.240 --> 01:33:38.440]  But as soon as you get the property in your hand, you want to tell the lender, get lost.
[01:33:38.440 --> 01:33:46.640]  And now that I got it in my hand, I don't have to give you the claim against the property.
[01:33:46.640 --> 01:33:48.440]  Am I getting that right?
[01:33:48.440 --> 01:33:56.440]  Yes, sir. Yes, sir. Here's the way I feel. It's like I did make that second contract. I really did.
[01:33:56.440 --> 01:34:02.040]  And the county is holding that second contract for me in my behalf, kind of.
[01:34:02.040 --> 01:34:06.440]  Okay, hold on, hold on. No, they're not.
[01:34:06.440 --> 01:34:16.440]  The county is only making the contract available for public inspection.
[01:34:16.440 --> 01:34:23.440]  It's required to be filed in the county just so it's public so everybody can see it.
[01:34:23.440 --> 01:34:31.440]  And it never, ever can come out of that county record. That document can't.
[01:34:31.440 --> 01:34:41.440]  It can be rendered void or no effect. But once it's filed in the record, it's a public record for all to see forever.
[01:34:41.440 --> 01:34:47.440]  But the county has no claim of any kind. It has no effect on your ownership.
[01:34:47.440 --> 01:34:56.440]  Rick, let me give you the second additional part of that, and then you can make sense of all this because there's probably, I got holes in some of this, okay?
[01:34:56.440 --> 01:35:02.440]  Yeah, I was driving my CMI through one of just a minute ago.
[01:35:02.440 --> 01:35:04.440]  Okay.
[01:35:04.440 --> 01:35:17.440]  From what we have found out on this, and at least in the state of Georgia, is there's something called an assessment file that holds the actual paperwork.
[01:35:17.440 --> 01:35:27.440]  And that file is what I'm talking about going and getting back, not the public records that was made, but the actual filing itself.
[01:35:27.440 --> 01:35:36.440]  And that's what I'm saying. I want to go and get back because they never signed anything on there. I'm the only one that did any kind of performance.
[01:35:36.440 --> 01:35:43.440]  Okay, let me, though, we have to, we're running out of show, so I have to move along.
[01:35:43.440 --> 01:35:53.440]  Let me explain how this works. You created a confessed judgment. That's what the deed of trust is.
[01:35:53.440 --> 01:36:03.440]  The lender has a claim against you whether you fill out that deed of trust or not.
[01:36:03.440 --> 01:36:13.440]  The lender loaned you the money to purchase the property with, and that gives him a claim against you personally.
[01:36:13.440 --> 01:36:21.440]  They loaned me something, Randy. Why would they want my note that they're going to securitize?
[01:36:21.440 --> 01:36:27.440]  The note is the promise to pay, to pay back the loan they gave you.
[01:36:27.440 --> 01:36:33.440]  That's what they go and securitize and make that happen.
[01:36:33.440 --> 01:36:35.440]  You don't have anything to do with that part.
[01:36:35.440 --> 01:36:39.440]  I totally agree with that, but see, they're going to make three times.
[01:36:39.440 --> 01:36:41.440]  That's their business.
[01:36:41.440 --> 01:36:45.440]  That's got to end anything.
[01:36:45.440 --> 01:36:53.440]  No, it doesn't.
[01:36:53.440 --> 01:36:59.440]  They're investing this at their risk.
[01:36:59.440 --> 01:37:01.440]  What are they investing?
[01:37:01.440 --> 01:37:09.440]  They're investing your note. They have a note that has an increased future value.
[01:37:09.440 --> 01:37:10.440]  Right, right.
[01:37:10.440 --> 01:37:16.440]  And they take that and investor purchase it because he can make more profit from it down the road.
[01:37:16.440 --> 01:37:19.440]  But that doesn't have anything to do with you.
[01:37:19.440 --> 01:37:22.440]  You don't have any standing in that part of the transaction.
[01:37:22.440 --> 01:37:34.440]  Randy, if they're getting anything of a profit, like off of that note, then that has to go to me, doesn't it?
[01:37:34.440 --> 01:37:39.440]  Wait a minute. This is not communist. This is capitalism.
[01:37:39.440 --> 01:37:44.440]  If they profit off of it, then, see, they never loaned it to me.
[01:37:44.440 --> 01:37:55.440]  Now, wait a minute. Now, if you go to work tomorrow and you work all day and you make a profit from your labor hour to get part of it.
[01:37:55.440 --> 01:37:58.440]  And I don't have a problem with that.
[01:37:58.440 --> 01:38:16.440]  No, this whole thing is there's a problem with your basic structure. People seldom operate from a consistent set of beliefs. We have to get our basic structure down.
[01:38:16.440 --> 01:38:20.440]  You entered into an agreement.
[01:38:20.440 --> 01:38:21.440]  That's right.
[01:38:21.440 --> 01:38:34.440]  You agreed with the lender that if the lender would secure this property for you, that over time you would pay him back a certain amount of money.
[01:38:34.440 --> 01:38:46.440]  And if you didn't, you gave him a confessed judgment so that he could come and exert a lien against your property.
[01:38:46.440 --> 01:38:58.440]  But the difference between a judicial state and a non-judicial state is a non-judicial state does not have a confessed judgment.
[01:38:58.440 --> 01:39:04.440]  So in a judicial state, there is no deed of trust.
[01:39:04.440 --> 01:39:06.440]  There's just the loan arrangement.
[01:39:06.440 --> 01:39:11.440]  And then if you don't pay it back, the lender can go to the court and say, I made this deal with him.
[01:39:11.440 --> 01:39:18.440]  I promised to pay me this money. He didn't pay me this money. I want you to give me a judgment against his property.
[01:39:18.440 --> 01:39:22.440]  Well, they can do the same thing in Tennessee.
[01:39:22.440 --> 01:39:32.440]  But in order to expedite this procedure, they authorized you to write him a confessed judgment.
[01:39:32.440 --> 01:39:36.440]  The deed of trust is a confessed judgment.
[01:39:36.440 --> 01:39:44.440]  And if I agree that if I violate this contract that he doesn't have to go to court, he can just exercise the lien.
[01:39:44.440 --> 01:39:56.440]  If he didn't have the lien and you fail to perform on the contract, he could go to the court and get a judgment against you anyway.
[01:39:56.440 --> 01:40:00.440]  It's just a little more costly for him and you both.
[01:40:00.440 --> 01:40:08.440]  But what he makes on the promise to pay, they don't have anything to do with you.
[01:40:08.440 --> 01:40:10.440]  I know. I know.
[01:40:10.440 --> 01:40:13.440]  You have no claim on it whatsoever.
[01:40:13.440 --> 01:40:15.440]  Right. I agree.
[01:40:15.440 --> 01:40:29.440]  The reason we get into that is if he sold it more than once, then it matters to you because now you're looking at being obligated to pay that note off twice.
[01:40:29.440 --> 01:40:36.440]  You don't have that obligation, but you're likely to wind up in court having to prove it.
[01:40:36.440 --> 01:40:39.440]  And that's going to cost you a lot of time and money.
[01:40:39.440 --> 01:40:42.440]  And of course, the corruption, you could possibly lose it.
[01:40:42.440 --> 01:40:45.440]  Now that becomes your business.
[01:40:45.440 --> 01:40:52.440]  But any money he makes off selling the note, that's not anything you have a claim on.
[01:40:52.440 --> 01:40:55.440]  That was an even trade right there to begin with.
[01:40:55.440 --> 01:41:00.440]  No, it wasn't an even trade.
[01:41:00.440 --> 01:41:04.440]  You're saying that when the trade was made, everybody got paid.
[01:41:04.440 --> 01:41:05.440]  Well, no, they didn't.
[01:41:05.440 --> 01:41:08.440]  They had to because title had to go to...
[01:41:08.440 --> 01:41:10.440]  That is nonsense.
[01:41:10.440 --> 01:41:11.440]  Then they...
[01:41:11.440 --> 01:41:13.440]  Absolute nonsense.
[01:41:13.440 --> 01:41:18.440]  They absolutely did not have to get paid.
[01:41:18.440 --> 01:41:21.440]  They could enter into the contract and not get paid.
[01:41:21.440 --> 01:41:23.440]  And that's exactly what happened.
[01:41:23.440 --> 01:41:29.440]  If I understand you correctly, Randy, you're saying I actually never own my property.
[01:41:29.440 --> 01:41:32.440]  No, keep saying that and you're not listening.
[01:41:32.440 --> 01:41:36.440]  Yes, you did.
[01:41:36.440 --> 01:41:41.440]  They gave you warranty deed immediately.
[01:41:41.440 --> 01:41:45.440]  Can you own that property?
[01:41:45.440 --> 01:41:51.440]  Can nobody had a claim against it so long as you pay the mortgage?
[01:41:51.440 --> 01:41:58.440]  So long as you pay the mortgage as you agreed to in the contract.
[01:41:58.440 --> 01:41:59.440]  Okay.
[01:41:59.440 --> 01:42:07.440]  But the moment you fail to meet the tenants of the contract, then a claim accrues.
[01:42:07.440 --> 01:42:09.440]  Okay.
[01:42:09.440 --> 01:42:12.440]  So you can't get by that one.
[01:42:12.440 --> 01:42:14.440]  We won't get out of it that way.
[01:42:14.440 --> 01:42:16.440]  Okay, okay.
[01:42:16.440 --> 01:42:27.440]  Well, see, I had to pledge my property, you know, land and property over to those rascals
[01:42:27.440 --> 01:42:31.440]  in order for them to be in the position they're in.
[01:42:31.440 --> 01:42:40.440]  Yeah, but no, you only pledged it to them if you didn't abide by your side of the agreement.
[01:42:40.440 --> 01:42:42.440]  Yeah, yeah, yeah, by default.
[01:42:42.440 --> 01:42:47.440]  Well, it's pledged in there and it's holding it if I default.
[01:42:47.440 --> 01:42:49.440]  Yeah, exactly.
[01:42:49.440 --> 01:42:56.440]  If you sell me your truck and I don't pay for it, you're going to want to come get back.
[01:42:56.440 --> 01:43:01.440]  Yep, that's because you would have gave me some money for the truck.
[01:43:01.440 --> 01:43:02.440]  Yeah.
[01:43:02.440 --> 01:43:11.440]  Well, if I promised to pay you so much a month and then I don't do that, you're going to want to come get your truck back.
[01:43:11.440 --> 01:43:14.440]  Well, here's the difference in that.
[01:43:14.440 --> 01:43:22.440]  If you've got that you're going to sell the title to that truck and make three times the profit off of it,
[01:43:22.440 --> 01:43:32.440]  what would anything matter whether I paid you or not if you are going to make three times the profit that I'll ever give you?
[01:43:32.440 --> 01:43:39.440]  Yeah, but that's like saying if I buy 10 cows from you and I turn around and sell them for five times as much as I paid you for them,
[01:43:39.440 --> 01:43:43.440]  now you're entitled to part of the 400% I made.
[01:43:43.440 --> 01:43:45.440]  It's just not the way business works.
[01:43:45.440 --> 01:43:48.440]  If you buy cheap on one end, you sell high on the other.
[01:43:48.440 --> 01:43:50.440]  It's just the way of the world.
[01:43:50.440 --> 01:43:54.440]  Yeah, you're talking communism here, socialism.
[01:43:54.440 --> 01:44:00.440]  We'll have to go about this a little different other way, okay?
[01:44:00.440 --> 01:44:04.440]  Are you the plaintiff or defendant in a lawsuit?
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[01:46:23.440 --> 01:46:33.440]  Okay, we're back.
[01:46:33.440 --> 01:46:35.440]  We really have to move on.
[01:46:35.440 --> 01:46:39.440]  We've got four callers and only one segment left.
[01:46:39.440 --> 01:46:52.440]  But Mike, it's clear you don't agree with this, but I'm afraid this is just how it is that we entered into an agreement.
[01:46:52.440 --> 01:47:00.440]  And whatever the other party does outside the agreement doesn't change the agreement.
[01:47:00.440 --> 01:47:02.440]  So we're going to move on.
[01:47:02.440 --> 01:47:06.440]  I'm going to go to Robin in Florida.
[01:47:06.440 --> 01:47:08.440]  Robin, what do you have for us?
[01:47:08.440 --> 01:47:10.440]  Hey gentlemen, good evening.
[01:47:10.440 --> 01:47:11.440]  Good evening.
[01:47:11.440 --> 01:47:13.440]  Got a due process question.
[01:47:13.440 --> 01:47:17.440]  I have a previous home I lived in.
[01:47:17.440 --> 01:47:18.440]  I haven't rented out.
[01:47:18.440 --> 01:47:22.440]  There's no foreclosure.
[01:47:22.440 --> 01:47:31.440]  The court filed a suicide motion to dismiss the case for want of prosecution in mid-October.
[01:47:31.440 --> 01:47:34.440]  Just been sitting there for like a year.
[01:47:34.440 --> 01:47:43.440]  Then basically a month later, they filed some just garbage production document that I requested a year earlier.
[01:47:43.440 --> 01:47:50.440]  And so the hearing came about to dismiss the case on December 6th.
[01:47:50.440 --> 01:47:53.440]  Plainness and their counselor didn't show up.
[01:47:53.440 --> 01:47:55.440]  I mean, I didn't even show up.
[01:47:55.440 --> 01:47:58.440]  I was just, I had to work.
[01:47:58.440 --> 01:48:01.440]  So it got dismissed.
[01:48:01.440 --> 01:48:04.440]  Nothing was filed at that point.
[01:48:04.440 --> 01:48:05.440]  Nothing.
[01:48:05.440 --> 01:48:07.440]  They didn't even respond.
[01:48:07.440 --> 01:48:17.440]  77 days later on the 22nd, they filed a motion to vacate that order, the plainness, which is a city bank, by the way, and their attorneys.
[01:48:17.440 --> 01:48:24.440]  So I filed an opposition motion with affidavit.
[01:48:24.440 --> 01:48:29.440]  They have 30 days to file a motion to vacate part of the rules.
[01:48:29.440 --> 01:48:32.440]  Florida rules a super seizure.
[01:48:32.440 --> 01:48:34.440]  I'm in Florida.
[01:48:34.440 --> 01:48:37.440]  So I did all that.
[01:48:37.440 --> 01:48:40.440]  Here's the thing.
[01:48:40.440 --> 01:48:43.440]  I was never noticed.
[01:48:43.440 --> 01:48:45.440]  They didn't coordinate any hearing.
[01:48:45.440 --> 01:48:47.440]  The hearing was today, actually.
[01:48:47.440 --> 01:48:48.440]  I couldn't go.
[01:48:48.440 --> 01:48:49.440]  I couldn't get off work.
[01:48:49.440 --> 01:48:53.440]  I was in the hospital for a week.
[01:48:53.440 --> 01:48:59.440]  I even went to the judge's chambers to let them know that, hey, I filed this.
[01:48:59.440 --> 01:49:04.440]  We let the judge know I can't make this hearing.
[01:49:04.440 --> 01:49:08.440]  I don't know what happened today, basically.
[01:49:08.440 --> 01:49:17.440]  So I just wanted to get your take on what I should do next once I find out what actually happened in the hearing.
[01:49:17.440 --> 01:49:23.440]  Basically, from what I see, the court didn't have any subject matter jurisdiction because...
[01:49:23.440 --> 01:49:24.440]  Okay.
[01:49:24.440 --> 01:49:25.440]  Hold on, hold on.
[01:49:25.440 --> 01:49:33.440]  You said they filed their motion to vacate 60 days after the judgment?
[01:49:33.440 --> 01:49:35.440]  77, actually.
[01:49:35.440 --> 01:49:37.440]  And they had 30 days.
[01:49:37.440 --> 01:49:43.440]  If they only had 30 days, the judge lacks preliminary jurisdiction.
[01:49:43.440 --> 01:49:44.440]  Yes.
[01:49:44.440 --> 01:49:47.440]  The court has no jurisdiction.
[01:49:47.440 --> 01:49:48.440]  Yes.
[01:49:48.440 --> 01:49:54.440]  Did you file a challenge to subject matter jurisdiction?
[01:49:54.440 --> 01:49:55.440]  Yes.
[01:49:55.440 --> 01:50:03.440]  I filed an opposition citing two cases in this circuit, which stated that much, but they
[01:50:03.440 --> 01:50:09.440]  didn't have subject matter jurisdiction because it was outside of the 30 days.
[01:50:09.440 --> 01:50:15.440]  So during this whole time, I even called the attorneys and their paralegal and staff that they do...
[01:50:15.440 --> 01:50:23.440]  that they schedule hearings with, and they say it's their policy not to coordinate with pro-state litigants.
[01:50:23.440 --> 01:50:24.440]  That's just...
[01:50:24.440 --> 01:50:25.440]  Okay.
[01:50:25.440 --> 01:50:28.440]  File a bar grievance for that and motion for sanctions.
[01:50:28.440 --> 01:50:29.440]  Okay.
[01:50:29.440 --> 01:50:30.440]  That's just...
[01:50:30.440 --> 01:50:32.440]  I mean, I got...
[01:50:32.440 --> 01:50:33.440]  Hey.
[01:50:33.440 --> 01:50:34.440]  Okay.
[01:50:34.440 --> 01:50:35.440]  Do you have that recorded?
[01:50:35.440 --> 01:50:36.440]  Oh, yeah.
[01:50:36.440 --> 01:50:40.440]  I'm going to transcribe it and file it.
[01:50:40.440 --> 01:50:41.440]  Wonderful.
[01:50:41.440 --> 01:50:42.440]  Perfect.
[01:50:42.440 --> 01:50:49.440]  Bar grievance and motion for sanctions for a pattern of abuse.
[01:50:49.440 --> 01:50:50.440]  Okay.
[01:50:50.440 --> 01:50:57.440]  Now, should I just go ahead and schedule my own hearing at Park Bay since my emotions haven't been heard?
[01:50:57.440 --> 01:50:58.440]  Absolutely.
[01:50:58.440 --> 01:51:04.440]  You go to the judge's coordinator and ask her when the judge is going to hear emotions,
[01:51:04.440 --> 01:51:07.440]  and then send it for the next time they're going to hear emotions.
[01:51:07.440 --> 01:51:14.440]  And then notice the attorney on the other side don't coordinate with him because they've already told you
[01:51:14.440 --> 01:51:16.440]  that they make it a policy not to.
[01:51:16.440 --> 01:51:21.440]  So no need to bother, just send them a notice of when to be there.
[01:51:21.440 --> 01:51:22.440]  Okay.
[01:51:22.440 --> 01:51:27.440]  And so as far as the judge goes, if he did rule against me today, should I file a conduct complaint
[01:51:27.440 --> 01:51:30.440]  and then apply it to the facts and conclusions of the law or something?
[01:51:30.440 --> 01:51:31.440]  Yes.
[01:51:31.440 --> 01:51:32.440]  Exactly.
[01:51:32.440 --> 01:51:33.440]  Motion for reconsideration.
[01:51:33.440 --> 01:51:34.440]  Okay.
[01:51:34.440 --> 01:51:35.440]  Okay.
[01:51:35.440 --> 01:51:37.440]  Do that.
[01:51:37.440 --> 01:51:43.440]  And then if he turns it down, then you ask for findings of facts and conclusions of the law.
[01:51:43.440 --> 01:51:48.440]  I suggest when you file that, you write your own findings of facts and conclusions of the law
[01:51:48.440 --> 01:51:52.440]  and ask the judge to accept yours or write his own.
[01:51:52.440 --> 01:51:53.440]  Okay.
[01:51:53.440 --> 01:51:54.440]  Okay.
[01:51:54.440 --> 01:51:58.440]  So I can do that first before any type of appeal?
[01:51:58.440 --> 01:51:59.440]  Yes.
[01:51:59.440 --> 01:52:01.440]  First thing you have to do is ask for reconsideration.
[01:52:01.440 --> 01:52:05.440]  That's essentially a request for a new trial.
[01:52:05.440 --> 01:52:10.440]  Some states, they call it request for a new trial, some reconsideration.
[01:52:10.440 --> 01:52:15.440]  If you do that first, they'll turn it down, you know, findings of fact include as a law.
[01:52:15.440 --> 01:52:19.440]  If he refuses to give it to you, then you file a judicial conduct complaint against him
[01:52:19.440 --> 01:52:22.440]  because he's denying you your right to appeal.
[01:52:22.440 --> 01:52:27.440]  Without findings of fact and conclusions, you don't know what to appeal.
[01:52:27.440 --> 01:52:28.440]  Okay.
[01:52:28.440 --> 01:52:29.440]  Cool.
[01:52:29.440 --> 01:52:31.440]  And one more quick question on another case.
[01:52:31.440 --> 01:52:37.440]  IndyMax trying to substitute a party plaintiff, you know, trying to put the trustee in there.
[01:52:37.440 --> 01:52:43.440]  They were the plaintiff, now they're trying to put a bank in New York or no, Deutsche Bank.
[01:52:43.440 --> 01:52:50.440]  Now, as the defendant, can I treat that as basically the case starting over
[01:52:50.440 --> 01:52:53.440]  and asking for a new discovery from this new plaintiff?
[01:52:53.440 --> 01:52:54.440]  Absolutely.
[01:52:54.440 --> 01:52:56.440]  And there's no affidavit either.
[01:52:56.440 --> 01:52:59.440]  So I don't even think people can recognize you, can they?
[01:52:59.440 --> 01:53:04.440]  Have you made a counterclaim against the plaintiff?
[01:53:04.440 --> 01:53:09.440]  I did make a counterclaim and from his defenses before, the judge threw them all out.
[01:53:09.440 --> 01:53:13.440]  Back in the day, I didn't know what the heck I was doing.
[01:53:13.440 --> 01:53:14.440]  Okay.
[01:53:14.440 --> 01:53:16.440]  Well, remake it.
[01:53:16.440 --> 01:53:19.440]  Make it artfully.
[01:53:19.440 --> 01:53:24.440]  Did you throw it out with prejudice or just dismiss them?
[01:53:24.440 --> 01:53:25.440]  I don't think so.
[01:53:25.440 --> 01:53:27.440]  I think you just dismissed them.
[01:53:27.440 --> 01:53:28.440]  Okay.
[01:53:28.440 --> 01:53:33.440]  Then you're coming up to speed, give them a new one.
[01:53:33.440 --> 01:53:37.440]  Actually, could I follow just a new motion to dismiss first?
[01:53:37.440 --> 01:53:38.440]  Yeah.
[01:53:38.440 --> 01:53:43.440]  And then go to that if they, you know, I'm just assuming they're not going to grant that.
[01:53:43.440 --> 01:53:50.440]  Well, you can, you don't, you follow the counterclaim and then you've got something to negotiate with
[01:53:50.440 --> 01:53:52.440]  and still find the motion to dismiss.
[01:53:52.440 --> 01:53:55.440]  You're moving to dismiss their claim, not your claim.
[01:53:55.440 --> 01:53:56.440]  Correct.
[01:53:56.440 --> 01:53:57.440]  Yeah.
[01:53:57.440 --> 01:54:03.440]  And then I was, I really want to say it's motion to dismiss them if they don't grant that, they don't follow my counterclaim.
[01:54:03.440 --> 01:54:04.440]  Yes.
[01:54:04.440 --> 01:54:06.440]  Well, I filed the counterclaim first.
[01:54:06.440 --> 01:54:07.440]  Oh, really?
[01:54:07.440 --> 01:54:08.440]  Okay.
[01:54:08.440 --> 01:54:09.440]  Yeah.
[01:54:09.440 --> 01:54:10.440]  Get it in there.
[01:54:10.440 --> 01:54:11.440]  Now you've got something to negotiate with.
[01:54:11.440 --> 01:54:14.440]  They're going to say, wow, yeah, you got that claim against us.
[01:54:14.440 --> 01:54:15.440]  It's okay.
[01:54:15.440 --> 01:54:18.440]  You agree to them dropping yours.
[01:54:18.440 --> 01:54:20.440]  I'll drop mine.
[01:54:20.440 --> 01:54:21.440]  Yeah.
[01:54:21.440 --> 01:54:30.440]  The thing I'm looking at is time because I only have a year and four months left before the five-year period is up for statute of limitations to run out on them.
[01:54:30.440 --> 01:54:33.440]  Because this has been since August of 08.
[01:54:33.440 --> 01:54:34.440]  Oh, wait.
[01:54:34.440 --> 01:54:36.440]  Statutes of limitations on what?
[01:54:36.440 --> 01:54:41.440]  On the five years in Florida for foreclosing.
[01:54:41.440 --> 01:54:43.440]  For foreclosing a mortgage.
[01:54:43.440 --> 01:54:44.440]  Okay.
[01:54:44.440 --> 01:54:45.440]  So that's all they've got?
[01:54:45.440 --> 01:54:47.440]  The time they've got for foreclose?
[01:54:47.440 --> 01:54:54.440]  No, I have a year and four months left before that time is run out for them, as I understand it.
[01:54:54.440 --> 01:54:55.440]  Okay.
[01:54:55.440 --> 01:54:56.440]  That's why you refile.
[01:54:56.440 --> 01:54:57.440]  You keep them in there.
[01:54:57.440 --> 01:54:58.440]  Yeah.
[01:54:58.440 --> 01:54:59.440]  Okay.
[01:54:59.440 --> 01:55:04.440]  And one other question, barkrevance.net and judicial conduct complaint.
[01:55:04.440 --> 01:55:06.440]  Are those the same site?
[01:55:06.440 --> 01:55:08.440]  No, judicialconduct.com.
[01:55:08.440 --> 01:55:11.440]  The site is up, but it's not working yet.
[01:55:11.440 --> 01:55:13.440]  Oh, okay, okay.
[01:55:13.440 --> 01:55:18.440]  I'm frustrated that I can't get it up, but I'm just so swamped with everything else I can't get to it.
[01:55:18.440 --> 01:55:24.440]  But judicial conduct, I mean, barkrevance works just not well, but I'm going to have that revamped.
[01:55:24.440 --> 01:55:27.440]  But at least it works.
[01:55:27.440 --> 01:55:33.440]  If I fill that out like preliminarily, I can send it to you, you post it, and then...
[01:55:33.440 --> 01:55:34.440]  Yeah.
[01:55:34.440 --> 01:55:38.440]  Well, if you fill it out on the site, it'll save it on the website.
[01:55:38.440 --> 01:55:39.440]  Okay.
[01:55:39.440 --> 01:55:40.440]  Good.
[01:55:40.440 --> 01:55:41.440]  That's it.
[01:55:41.440 --> 01:55:42.440]  Okay.
[01:55:42.440 --> 01:55:43.440]  Thank you.
[01:55:43.440 --> 01:55:44.440]  Okay.
[01:55:44.440 --> 01:55:49.440]  Now we're going to go to Bill in Texas.
[01:55:49.440 --> 01:55:51.440]  There we go.
[01:55:51.440 --> 01:55:56.440]  Bill, what do you have for us?
[01:55:56.440 --> 01:55:59.440]  Bill, are you there?
[01:55:59.440 --> 01:56:03.440]  It looks like we put Bill to sleep.
[01:56:03.440 --> 01:56:04.440]  Okay.
[01:56:04.440 --> 01:56:08.440]  We're going to go to Greg in Minnesota.
[01:56:08.440 --> 01:56:09.440]  Hey, Randy.
[01:56:09.440 --> 01:56:10.440]  Hello, Greg.
[01:56:10.440 --> 01:56:11.440]  What do you have for us today?
[01:56:11.440 --> 01:56:16.440]  Well, I got a situation with my brother, and he's an independent contractor.
[01:56:16.440 --> 01:56:18.440]  He hasn't filed taxes for...
[01:56:18.440 --> 01:56:20.440]  I can't even count the number of years.
[01:56:20.440 --> 01:56:25.440]  And basically, the state of Minnesota came after him, and I tried to talk to him to, you know,
[01:56:25.440 --> 01:56:27.440]  maybe do him something about that.
[01:56:27.440 --> 01:56:29.440]  He said, no, I don't want you to buy it.
[01:56:29.440 --> 01:56:30.440]  No, the feds are after him.
[01:56:30.440 --> 01:56:32.440]  He's big, bad IRS.
[01:56:32.440 --> 01:56:37.440]  Anyway, we talked to the lady that's paying him, and he came up with this brilliant idea
[01:56:37.440 --> 01:56:42.440]  that I could just go down there, or he could give us notice and clear it, and I could take his job.
[01:56:42.440 --> 01:56:48.440]  And then basically, I could, you know, see if he'd pay me to check, and she said, sure.
[01:56:48.440 --> 01:56:49.440]  She said, I don't care.
[01:56:49.440 --> 01:56:50.440]  Who makes the deliveries?
[01:56:50.440 --> 01:56:55.440]  I don't care if you do them, and your brother does them, or you do them together.
[01:56:55.440 --> 01:56:56.440]  Why do you guys get the job done?
[01:56:56.440 --> 01:56:57.440]  I don't care.
[01:56:57.440 --> 01:56:59.440]  And I said, okay, no problem.
[01:56:59.440 --> 01:57:05.440]  So anyway, since I don't bother filing, I'm sure they're going to come after me.
[01:57:05.440 --> 01:57:14.440]  And I'm just trying to figure out if my giving myself into trouble by pretty much taking over
[01:57:14.440 --> 01:57:16.440]  and then hiring him to do it anyway.
[01:57:16.440 --> 01:57:20.440]  They work in the middle of the night, so I don't think anybody's going to check on them.
[01:57:20.440 --> 01:57:21.440]  So we care.
[01:57:21.440 --> 01:57:29.440]  But I'm wondering, I think I'd better off maybe if I'm doing, you know, if they come after me,
[01:57:29.440 --> 01:57:32.440]  I'll go ahead and call you guys up.
[01:57:32.440 --> 01:57:36.440]  Wait a minute, this is your own business?
[01:57:36.440 --> 01:57:39.440]  No, no, he's an independent contractor.
[01:57:39.440 --> 01:57:41.440]  Yeah, that's what I mean.
[01:57:41.440 --> 01:57:43.440]  You're an independent contractor.
[01:57:43.440 --> 01:57:51.440]  I never understood why if you have your own business, you ought to file.
[01:57:51.440 --> 01:58:01.440]  The worst year I had is my accountant came to me and said, I got good news and I got bad news.
[01:58:01.440 --> 01:58:03.440]  I said, what's the bad news?
[01:58:03.440 --> 01:58:05.440]  He said, you go.
[01:58:05.440 --> 01:58:07.440]  I say, what's the good news?
[01:58:07.440 --> 01:58:10.440]  Five dollar.
[01:58:10.440 --> 01:58:12.440]  I can do that.
[01:58:12.440 --> 01:58:20.440]  If you have your own business, unless it's just a fight you want to have, get a good accountant.
[01:58:20.440 --> 01:58:23.440]  You don't have to pay anything.
[01:58:23.440 --> 01:58:26.440]  Sorry, I won't worry about it.
[01:58:26.440 --> 01:58:31.440]  It's a lot easier that way, you don't have that problem unless it's a fight you want to have.
[01:58:31.440 --> 01:58:35.440]  That's not a fight that I want to have, so I'm not going to give it to you.
[01:58:35.440 --> 01:58:37.440]  Okay, Doug, I'm sorry we couldn't get to you.
[01:58:37.440 --> 01:58:39.440]  We almost made it.
[01:58:39.440 --> 01:58:41.440]  Then Carlos, we missed you.
[01:58:41.440 --> 01:58:43.440]  We're out of time.
[01:58:43.440 --> 01:58:48.440]  We'll be back Monday and we'll be back Thursday and Friday.
[01:58:48.440 --> 01:58:50.440]  This is Real Vlog Radio.
[01:58:50.440 --> 01:58:57.440]  Thank you for listening and good night.
[01:59:20.440 --> 01:59:27.440]  Thank you for listening and good night.
[01:59:50.440 --> 02:00:00.440]  That's 888-551-0102 or visit us online at bfa.org.