ROL_2012-04-13_16k_Hr1-2.timecode
[00:00.000 --> 00:07.000] Robotic helicopters will soon be patrolling our skies and packing some spine-tingling heat.
[00:07.000 --> 00:13.000] I'm Dr. Catherine Albrecht and if being tased by a toy-sized chopper sounds scary to you,
[00:13.000 --> 00:15.000] you won't want to miss my next segment.
[00:15.000 --> 00:21.000] Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[00:21.000 --> 00:26.000] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[00:26.000 --> 00:31.000] So protect your rights, say no to surveillance, and keep your information to yourself.
[00:31.000 --> 00:33.000] Privacy, it's worth hanging on to.
[00:33.000 --> 00:37.000] This public service announcement is brought to you by StartPage.com,
[00:37.000 --> 00:41.000] the private search engine alternative to Google, Yahoo, and Bing.
[00:41.000 --> 01:10.000] Start over with StartPage.
[01:11.000 --> 01:37.000] Hey soccer fans, what's your home team? In Italy, they care so much,
[01:37.000 --> 01:46.000] and I can't wait to see what your team can do.
[01:46.000 --> 02:06.000] Hey soccer fans, what's your home team? In Italy, they care so much,
[02:06.000 --> 02:12.140] by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing.
[02:12.140 --> 02:15.460] Start over with StartPage.
[02:15.460 --> 02:21.380] When the soccer fans cry because of government, spies that's appalling.
[02:21.380 --> 02:25.540] In Italy, soccer fans need government permission to attend a game.
[02:25.540 --> 02:30.100] The government's requiring electronic ID cards for seasoned ticket holders to control what
[02:30.100 --> 02:34.580] games they attend and where they can sit, based on which team they support.
[02:34.580 --> 02:39.300] Playing a card requires a government ID number, a photo, and a ton of paperwork.
[02:39.300 --> 02:44.100] Sports fans are closely monitored by security agents who block stadium entrances and scan
[02:44.100 --> 02:45.820] everyone's ID.
[02:45.820 --> 02:50.460] Anyone caught misbehaving is banned from attending soccer games for five years.
[02:50.460 --> 02:52.660] Mussolini would have loved it.
[02:52.660 --> 02:54.100] I'm Dr. Catherine Albrecht.
[02:54.100 --> 03:02.580] More news and information at CatherineAlbrecht.com.
[03:02.580 --> 03:06.580] Live free speech radio, logosradionetwork.com.
[03:32.580 --> 03:42.580] What are you gonna do, bad boys, bad boys, what you gonna do, what you gonna do when
[03:42.580 --> 03:48.580] they come for you, bad boys, bad boys, what you gonna do, what you gonna do when they
[03:48.580 --> 03:49.580] come for you.
[03:49.580 --> 03:54.580] When you were eight and you had bad dreams, you go to school and learn the golden rules.
[03:54.580 --> 04:00.580] So why are you acting like a bloody fool, if you took it, then you must have schooled
[04:00.580 --> 04:06.580] it, bad boys, bad boys, what you gonna do, what you gonna do when they come for you,
[04:06.580 --> 04:07.580] bad boys.
[04:07.580 --> 04:14.580] This is Randy Calton, Dr. Steven Zettichreg, and Rudevillal Radio on this Friday.
[04:14.580 --> 04:19.580] Oh my goodness, the 13th.
[04:19.580 --> 04:25.100] April the 13th, 2012.
[04:25.100 --> 04:33.980] And I'm gonna start out today by doing a little disartation on the nature of a deed of trust.
[04:33.980 --> 04:43.460] It's actually taken a while to wrap my head around exactly what a deed of trust is, on
[04:43.460 --> 04:50.980] how that works as you look at things from the perspective of the way other people look
[04:50.980 --> 04:59.780] at things, and you kind of get trapped into unsteady presuppositions that you're not always
[04:59.780 --> 05:04.380] directly aware that you're operating from.
[05:04.380 --> 05:13.860] And as concerns the deed of trust, we've always assumed that it was a somehow a necessity
[05:13.860 --> 05:23.540] and an integral part of the loan process, and in my later studies I have found that
[05:23.540 --> 05:27.100] it is no such thing.
[05:27.100 --> 05:37.860] What it is, is an expediency, it is a procedure imposed by legislation that would allow the
[05:37.860 --> 05:47.380] banks to take from the borrower what's called a confessed judgment.
[05:47.380 --> 05:54.020] Normally in contract law a confessed judgment is forbidden, illegal.
[05:54.020 --> 06:01.300] But in this case, the legislatures of those non-judicial states have passed specific laws
[06:01.300 --> 06:07.540] to create a situation where you can inter-confess judgments.
[06:07.540 --> 06:11.260] Now let me explain what the deed of trust is.
[06:11.260 --> 06:19.260] It is a trusted agreement that the borrower creates at closing.
[06:19.260 --> 06:26.860] The lender, the securities title to the property then trades that title to the borrower in
[06:26.860 --> 06:31.380] exchange for a promise to pay.
[06:31.380 --> 06:38.700] Normally the promise to pay will be in excess of double the amount of the original principal,
[06:38.700 --> 06:42.500] but it will have no present value.
[06:42.500 --> 06:51.180] The lender in order to secure the warranty deed had to provide a promissory note with
[06:51.180 --> 06:58.140] present value, the check, to purchase the property from the seller.
[06:58.140 --> 07:12.700] Then the lender traded the warranty deed from the seller to the borrower in exchange for
[07:12.700 --> 07:20.460] a promissory note with no present value but with dramatically increased future value.
[07:20.460 --> 07:27.820] And since the note had no present value and only had future value, the lender asked for
[07:27.820 --> 07:36.460] a trust agreement that amounted to a confessed judgment.
[07:36.460 --> 07:43.980] If you hire me to work on your property and I expend labor and I expend materials, the
[07:43.980 --> 07:50.220] labor creates a mechanics lien, the material creates a material man's lien.
[07:50.220 --> 07:58.820] These are specific lien types defined in law, but most any claim that I might have against
[07:58.820 --> 08:04.380] another person, I could claim that in terms of a lien.
[08:04.380 --> 08:13.060] Now a while back we had a lot of people, especially in the IRS area, running around shouting show
[08:13.060 --> 08:21.180] me the lien when the IRS would file a notice of lien in the county court, they would demand
[08:21.180 --> 08:24.300] that the IRS show them the lien.
[08:24.300 --> 08:29.500] Well the IRS just ignored it because they could because a lien is not something that
[08:29.500 --> 08:37.940] has a physical existence, a lien is something that is created as a matter of law.
[08:37.940 --> 08:44.820] A claim against someone creates a lien as a matter of law and you can go down to the
[08:44.820 --> 08:51.780] county court and file that claim in the county registrar's office against the person, this
[08:51.780 --> 09:00.860] person has property, you can make your claim against the assets of the owner of the property
[09:00.860 --> 09:08.060] in the form of a notice of the lien that came into existence as a matter of law.
[09:08.060 --> 09:17.300] So all filings in the county court are merely notices of a lien that exists already.
[09:17.300 --> 09:25.060] Well in this case, if I had a lien against your property, I could go down and file a
[09:25.060 --> 09:33.260] notice of that lien with the county registrar's office, but I could not collect on that lien.
[09:33.260 --> 09:40.940] It's merely there, the only way I can collect on it is go to the court and adjudicate my
[09:40.940 --> 09:47.060] claim and ask the court to grant me a judgment based on the lien.
[09:47.060 --> 09:52.420] Ask the court to agree that as a matter of law the lien does in fact exist and grant
[09:52.420 --> 09:56.180] me a judgment, then I could enforce the judgment.
[09:56.180 --> 10:05.980] Well, as an expediency, the legislature in the non-judicial states authorized the banks
[10:05.980 --> 10:16.780] to accept a confessed judgment, the bank doesn't have to rule on the judgment, the borrower
[10:16.780 --> 10:24.020] by his deed of trust has already waived that requirement and confessed to the existence
[10:24.020 --> 10:26.420] of the judgment.
[10:26.420 --> 10:34.180] And this allows the bank to merely invoke the deed of trust and foreclose without having
[10:34.180 --> 10:37.340] to go to the court and ask the court for a judgment.
[10:37.340 --> 10:40.900] In all the judicial states, there is no confessed judgment.
[10:40.900 --> 10:47.100] They have to go to the court and get the court to grant them authority to foreclose.
[10:47.100 --> 10:59.340] Well, understanding that, that all the deed of trust is a shortcut to making a claim against
[10:59.340 --> 11:02.980] an individual.
[11:02.980 --> 11:15.420] If the bank fails to abide by the restrictions in the deed of trust, then they have waived
[11:15.420 --> 11:17.540] their right to exercise it.
[11:17.540 --> 11:20.580] Now, they haven't lost a claim.
[11:20.580 --> 11:23.660] They still have the same claim they had before.
[11:23.660 --> 11:26.540] It's just that now they can't take the shortcut method.
[11:26.540 --> 11:36.860] Now they have to go to the court and enforce their lien through a judicial judgment.
[11:36.860 --> 11:42.540] In this case, when they have to do the judicial judgment, now they have to come in court and
[11:42.540 --> 11:48.220] we can, in the court, demand a proof of agency standing in capacity.
[11:48.220 --> 11:58.420] As a matter of fact, we just had one of our guys go to a hearing today where he sued the
[11:58.420 --> 12:03.940] law firm challenging their agency.
[12:03.940 --> 12:06.180] And it was an interesting hearing.
[12:06.180 --> 12:12.020] The judge did everything he could to go to the existence of a note.
[12:12.020 --> 12:20.900] And he had been well prepped and he kept insisting, there's no note before this court.
[12:20.900 --> 12:25.780] The only thing before this court is agency and the judge told him, well, you've already
[12:25.780 --> 12:32.060] been foreclosed on and your 90-day redemption period is up, you should have made this claim
[12:32.060 --> 12:33.060] before that.
[12:33.060 --> 12:38.220] And he's told the judge this claim doesn't have anything to do with that foreclosure.
[12:38.220 --> 12:40.300] This only has to do with agency.
[12:40.300 --> 12:46.340] And this is a problem if you bring them into the state court, is an enterprise agency.
[12:46.340 --> 12:59.180] So what we've done is put together a way to go after the lender in a way that, well, we
[12:59.180 --> 13:02.260] hope give him heartburn.
[13:02.260 --> 13:05.540] You see, we're not lawyers.
[13:05.540 --> 13:10.900] And lawyers, they're part of this fraternity.
[13:10.900 --> 13:15.540] And all these lawyers know each other and they deal with each other all the time.
[13:15.540 --> 13:25.940] And one lawyer is reluctant to kick another lawyer really hard because the next time he
[13:25.940 --> 13:30.260] comes into court, their roles may be switched and he'll have the other lawyer doing the
[13:30.260 --> 13:32.740] same thing to him.
[13:32.740 --> 13:39.860] So they're in the practice of law together and they want to make their life easier to
[13:39.860 --> 13:46.980] increase their profit margin and decrease the amount of hours they have to put in in
[13:46.980 --> 13:52.860] order to secure the cash flow from the client.
[13:52.860 --> 13:56.700] So they live in a different world than we do.
[13:56.700 --> 14:04.260] What we're trying to do is give the bank a reason to come to the table and play, let's
[14:04.260 --> 14:06.260] make a deal.
[14:06.260 --> 14:14.100] Attorneys, when they bring an issue before the court, they have to bring issues that
[14:14.100 --> 14:18.060] they really believe they can win on.
[14:18.060 --> 14:24.620] If they don't, they wind up with the judges sanctioning them.
[14:24.620 --> 14:30.060] And they bring issues that the judges are comfortable with that they've heard before
[14:30.060 --> 14:35.020] because the judges like their lawyers, they don't want to work too hard.
[14:35.020 --> 14:39.900] They definitely do not want to spend hours and hours researching an issue that they've
[14:39.900 --> 14:45.660] never dealt with before and they don't want to wind up rendering a stupid decision that
[14:45.660 --> 14:50.500] will go to the court of appeals and come back against them.
[14:50.500 --> 14:57.060] So when you put a judge on the spot, if you're a lawyer, you're going to get this, you will
[14:57.060 --> 14:59.060] pay for that.
[14:59.060 --> 15:03.700] So lawyers don't want to do that.
[15:03.700 --> 15:13.700] Steve there with Eddie took a lawyer to court challenging agency and when they come out
[15:13.700 --> 15:18.580] of the court, he said the lawyer was shaking his head saying, no attorney would ever do
[15:18.580 --> 15:24.020] this to me and Steve told him, well, Bubba, I'm not an attorney.
[15:24.020 --> 15:32.100] See, this is a, we try to keep in mind the difference in our positions.
[15:32.100 --> 15:37.980] We can bring issues the judge hasn't adjudicated before because he can't take our bar card
[15:37.980 --> 15:41.180] away from us for doing it.
[15:41.180 --> 15:46.900] All he can do is rule against us and then we hammer him in court of appeals.
[15:46.900 --> 15:52.660] Or if it's too egregious, then we take him before a local grand jury.
[15:52.660 --> 16:01.340] So what we're looking to do is structure a way that you can put the bank in a position
[16:01.340 --> 16:08.380] to where it's more advantageous for them to come to the table and make a deal.
[16:08.380 --> 16:14.340] This is kind of what we have, what I'm looking at now, it helps sometimes to explain this
[16:14.340 --> 16:22.420] on the radio because I can't see who I'm talking to and I can't get feedback from who I'm
[16:22.420 --> 16:23.420] talking to.
[16:23.420 --> 16:30.980] I'm sort of talking to air and it is a somewhat different experience.
[16:30.980 --> 16:34.580] It's different than being on the phone because even on the phone, they can talk back.
[16:34.580 --> 16:41.380] So I have to try to explain something, something that's ultimately understandable and when
[16:41.380 --> 16:49.380] I get back, I'm going to demonstrate a strategy that I'd like to give you feedback on.
[16:49.380 --> 16:51.380] This is Randy Caldwell, Denver, Massachusetts.
[16:51.380 --> 16:52.980] Greg, Google on radio.
[16:52.980 --> 16:54.980] This is our four hour info marathon.
[16:54.980 --> 16:56.980] The phone lines are open.
[16:56.980 --> 16:58.980] 512-646-1984.
[16:58.980 --> 17:01.980] America is in trouble.
[17:01.980 --> 17:03.980] Washington is a disgrace.
[17:03.980 --> 17:05.980] Government has become too big.
[17:05.980 --> 17:06.980] It's overtaxing, overspending.
[17:06.980 --> 17:08.980] We need to change direction.
[17:08.980 --> 17:09.980] We really need change.
[17:09.980 --> 17:12.980] We can't afford to make the same mistakes we've made in the past.
[17:12.980 --> 17:14.980] Mitt Romney's reputation is a flip-flopper.
[17:14.980 --> 17:17.980] He went the other way when he got paid to go the other way.
[17:17.980 --> 17:19.980] There is need for economic stimulus.
[17:19.980 --> 17:21.980] It's about serial hypocrisy.
[17:21.980 --> 17:23.980] This election is about trust.
[17:23.980 --> 17:26.980] There's been one true consistent candidate and that's Dr. Ron Paul.
[17:26.980 --> 17:29.980] Ron Paul has been so consistent from the very beginning.
[17:29.980 --> 17:31.980] He seems like a more honest candidate.
[17:31.980 --> 17:34.980] He tells the truth about what he believes, whether you like it or not.
[17:34.980 --> 17:38.980] He's never once voted for a tax increase, never once voted for an unbalanced budget.
[17:38.980 --> 17:41.980] Ron Paul is a planet full of five departments.
[17:41.980 --> 17:42.980] It's what we need.
[17:42.980 --> 17:46.980] When he says he's going to cut a trillion dollars in the first year, I believe it.
[17:46.980 --> 17:49.980] If you don't like how things are going and tired of politicians,
[17:49.980 --> 17:51.980] he's something different.
[17:51.980 --> 17:52.980] Ron Paul.
[17:52.980 --> 17:53.980] Ron Paul.
[17:53.980 --> 17:54.980] Ron Paul.
[17:54.980 --> 17:55.980] Ron Paul.
[17:55.980 --> 17:56.980] Is the one we've been looking for.
[17:56.980 --> 17:59.980] I'm Ron Paul and I approve this message.
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[18:49.980 --> 18:51.980] That's ruleoflawradio.com.
[18:51.980 --> 18:57.980] Or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com.
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[19:27.980 --> 19:30.980] It's spinning like it's out of control on the edge of the road.
[19:30.980 --> 19:36.980] Okay, we're back. Randy Kelton, David Stevens, Eddie Craig, rule of law radio.
[19:36.980 --> 19:42.980] And we're talking about Deeds of Trust.
[19:42.980 --> 19:50.980] And not so much the specific statutory law concerning Deeds of Trust.
[19:50.980 --> 19:56.980] But more about the strategy of how to deal with these tools we have available.
[19:56.980 --> 20:00.980] And in this case, we have a number of tools available.
[20:00.980 --> 20:05.980] And one of the tools I'm looking at is the Homestead Laws.
[20:05.980 --> 20:09.980] They are very strong in Texas.
[20:09.980 --> 20:14.980] So what I'm looking at is we have this Deeds of Trust.
[20:14.980 --> 20:21.980] And if anybody's ever read the Deeds of Trust, you'll find some interesting stuff in there.
[20:21.980 --> 20:36.980] And once I read one through completely, I was sort of surprised at what I found in paragraph 20.
[20:36.980 --> 20:44.980] And they all use the Fannie Mae Freddie Mac standard Deeds of Trust form.
[20:44.980 --> 20:48.980] I think it's form 1006, if I remember right.
[20:48.980 --> 20:51.980] All the same form, it has the same wording.
[20:51.980 --> 21:06.980] And paragraph 20, it goes to authorizing the lender to sell a portion of or all of the note one or more times.
[21:06.980 --> 21:19.980] And it authorizes the lender to transfer the note bracket to gather with this security instrument close bracket.
[21:19.980 --> 21:31.980] So it was very clear that the grant given in the Deeds of Trust by you when you created the trust
[21:31.980 --> 21:39.980] is you granted the lender the authority to transfer the note together with the Deeds of Trust.
[21:39.980 --> 21:46.980] Now that language is really hard to misinterpret.
[21:46.980 --> 21:58.980] If the lender transfers the note and he does not transfer the note together with the Deeds of Trust,
[21:58.980 --> 22:02.980] then he has breached a tenant as a contract.
[22:02.980 --> 22:20.980] And since the contract establishes a privilege, then, but a cancellation of the contract does not cancel out the lender's claim,
[22:20.980 --> 22:26.980] then we look at each breach of the contract as avoiding that contract.
[22:26.980 --> 22:30.980] Now this should be hard for a judge to adjudicate.
[22:30.980 --> 22:36.980] We're not asking the judge to say that the lender can't collect on his claim against us.
[22:36.980 --> 22:48.980] We're just saying that he can't use this extraordinary procedure established by the legislature outside the normal manner of doing business.
[22:48.980 --> 22:59.980] But now he has to go back to the standard procedure of adjudicating a claim against an individual in the courts.
[22:59.980 --> 23:10.980] What we don't tell the judge is that before we got to court, we filed a bulletproof lien against the property,
[23:10.980 --> 23:15.980] or we got someone else to file a bulletproof lien against the property.
[23:15.980 --> 23:24.980] Well, the bank can see the lien in there and they won't care because they're first in time and therefore first in line.
[23:24.980 --> 23:33.980] And once they've got their portion out of the property, if anything else is left, well, you're welcome to it, but they know that's not going to happen.
[23:33.980 --> 23:44.980] So what would happen if we went to the district court and demonstrated to the district court that the lender violated paragraph 20
[23:44.980 --> 23:49.980] and the lender violated paragraph 24?
[23:49.980 --> 24:03.980] You know, we've talked earlier about the requirement to file the sale of the note with the clerk.
[24:03.980 --> 24:08.980] That is not a statutory requirement in Texas.
[24:08.980 --> 24:21.980] There is a requirement to file any assignment of the deed of trust with the clerk of the court, but not the note itself.
[24:21.980 --> 24:38.980] However, in Chapter 24, there is a requirement, a contractual requirement that all transfers be filed in the county in which the property resides.
[24:38.980 --> 24:56.980] So we go in maintaining that the lender at closing failed to negotiate in good faith as the lender had already set up the mechanism for breaching the deed of trust.
[24:56.980 --> 25:18.980] And he breached the deed of trust in a way that would place a permanent cloud on the title, knowing that his actions would be in direct violations of tenets of the trust intended to prevent precisely that outcome.
[25:18.980 --> 25:32.980] And as the judge rules that the deed of trust is void and that if the lender has a claim against the property, they must bring that claim before this court and adjudicate it in the court.
[25:32.980 --> 25:36.980] That's a petition for quiet title.
[25:36.980 --> 25:45.980] Now a petition for quiet title is not necessarily a petition for quiet title against all claims.
[25:45.980 --> 25:54.980] This would be a petition for quiet title against this singular filing in the court record.
[25:54.980 --> 26:01.980] We'll ask the court to rule that this document is voiding of no force and effect.
[26:01.980 --> 26:09.980] And the bank can always come back and file a standard lien again, notice a lien against the property.
[26:09.980 --> 26:12.980] And they're welcome to do that.
[26:12.980 --> 26:14.980] Problem.
[26:14.980 --> 26:18.980] There's already one in there.
[26:18.980 --> 26:30.980] And even if there wasn't one in there, now the lender no longer has a lien against the property.
[26:30.980 --> 26:34.980] They have a lien against the person.
[26:34.980 --> 26:50.980] And in Texas, you cannot take a person's property if it's homesteaded, unless you have granted a lien against the property.
[26:50.980 --> 27:00.980] It used to be the only thing you could grant a lien against property for was purchase money.
[27:00.980 --> 27:11.980] And then about 15 years ago, the constitutional amendment allowed you to write a lien against the equity in your property.
[27:11.980 --> 27:14.980] So it's allowed for home equity loans.
[27:14.980 --> 27:17.980] Prior to that, it was absolutely forbidden.
[27:17.980 --> 27:27.980] Well, you can write that lien, but if the lien becomes void, then there is no lien against the property.
[27:27.980 --> 27:32.980] The filing is a lien against the person.
[27:32.980 --> 27:36.980] The bank can file it, but in Texas, you can't take the property.
[27:36.980 --> 27:50.980] In other states, they would be able to get a judgment against the person and then liquidate the person's property in order to satisfy the judgment.
[27:50.980 --> 27:56.980] There's Texas and a few other states that won't allow you to liquidate someone's home for that purpose.
[27:56.980 --> 28:08.980] Now, if you have commercial property, they'll allow them to liquidate commercial property to satisfy the claim against the person, not in Texas, but not your private home.
[28:08.980 --> 28:17.980] That's how Conleave, when he bankrupted, kept his house in the 24 acres around it.
[28:17.980 --> 28:30.980] And they were able to come in and take his furniture and all the little goodies that he had received as presents from over the years of being a high-level politician.
[28:30.980 --> 28:36.980] But he couldn't take his house or the property that it sat on because of the homestead loss.
[28:36.980 --> 28:57.980] So we go in and place a lien on the property, mechanic's lien, materialist's lien, or any kind of lien that's granted, that's authorized and granted by the holder, by the borrower.
[28:57.980 --> 29:03.980] Then if we can get the court to bump out the deed of trust,
[29:03.980 --> 29:14.980] even if it is a state where the bank can come in and liquidate your property, their lien stands behind your lien,
[29:14.980 --> 29:18.980] and they can't do anything until your lien is satisfied.
[29:18.980 --> 29:29.980] And if your lien is satisfied by transferring the warranty deed from one entity to another, then the bank has no claim at all.
[29:29.980 --> 29:37.980] And if we can get these two things done, now the bank's in a position where they've got themselves a problem.
[29:37.980 --> 29:44.980] Now we can bring them to the table. This is Randy Kelton, David Stevens at the Crate, we live on the radio.
[29:44.980 --> 29:49.980] This is our four-hour info marathon.
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[30:59.980 --> 31:01.980] Attention, listeners.
[31:01.980 --> 31:04.980] Harlan Dietrich, owner of Brave New Books, here with a special announcement.
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[31:31.980 --> 31:37.980] for the whole month of April, mention this ad, and we'll take 5% off everything in the store.
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[31:56.980 --> 32:00.980] 5% discount excludes precious metal sales.
[32:00.980 --> 32:05.980] Yeah, I got a warrant.
[32:05.980 --> 32:08.980] And I gonna solve them.
[32:08.980 --> 32:11.980] To the government them.
[32:11.980 --> 32:13.980] Pursue them.
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[32:17.980 --> 32:19.980] All set.
[32:19.980 --> 32:22.980] The Texans are racing.
[32:22.980 --> 32:24.980] Bombing to Bush.
[32:24.980 --> 32:27.980] Texans are racing.
[32:27.980 --> 32:30.980] Bombing to Bush.
[32:33.980 --> 32:35.980] Okay, we're back.
[32:35.980 --> 32:38.980] Randy Kelton, Debbie Stevens, and Craig Ruella Radio.
[32:38.980 --> 32:49.980] And we're talking about how to maneuver the bank into a position to where they will want to come to the table.
[32:49.980 --> 33:00.980] Now, this we're looking at as a setup, and there's actually more to it than just establishing a lien.
[33:00.980 --> 33:10.980] And the claim that the lender improperly bifurcated the note and the security instrument.
[33:10.980 --> 33:17.980] There's one other thing that I've been working on here lately.
[33:17.980 --> 33:23.980] And that is this problem with show me the note.
[33:23.980 --> 33:32.980] And as I go through the rules and regulations and the practices and procedures.
[33:32.980 --> 33:36.980] And wondering what is going on here.
[33:36.980 --> 33:42.980] It's almost like I'm in a wonderland.
[33:42.980 --> 33:48.980] That things, it seems as though things are not the way they appear.
[33:48.980 --> 33:55.980] We look at all of the public uproar.
[33:55.980 --> 34:09.980] And, you know, you listen to all of these lawyers talking about how the lender secures this alone and then they take it out and sell it to a trust.
[34:09.980 --> 34:26.980] And how the mortgage companies registered with MERS and they gave the loan documents to MERS and MERS scanned them in their systems and then shredded the originals.
[34:26.980 --> 34:35.980] When I first heard that, that sounded like it was just way too stupid to be real.
[34:35.980 --> 34:42.980] Now, I don't give these guys high marks for being rocket scientists.
[34:42.980 --> 34:54.980] But I also don't expect that a whole industry will be totally brain dead.
[34:54.980 --> 35:01.980] You know, there's always somebody in a group that's going to have a deer to the ground.
[35:01.980 --> 35:12.980] They used to use the analogy of a bunch of Indians standing on a railroad track waiting for the train to come around the corner so they could hijack the train.
[35:12.980 --> 35:19.980] One of them is going to be smart enough to lean down and put his ears to rail so he can hear it coming.
[35:19.980 --> 35:32.980] The rest of them may not, but it's always going to be one. So the prevailing story was that everybody is a moron.
[35:32.980 --> 35:35.980] Absolutely not the case.
[35:35.980 --> 35:39.980] When I was in Vietnam, we had a lot of spooks.
[35:39.980 --> 35:43.980] And the spooks were always spreading crap.
[35:43.980 --> 35:53.980] And this was exactly the kind of crap they would spread. They would spread a story that was real easy to latch on to.
[35:53.980 --> 35:59.980] But it was always always simplistic. And this is one of those stories.
[35:59.980 --> 36:15.980] In the first place, if a lender registered with MERS, why on earth would they give them to lead loan documents?
[36:15.980 --> 36:26.980] MERS wouldn't need the loan documents. All they would need was the MERS min number.
[36:26.980 --> 36:31.980] MERS assigns a number to the loan. That's all they need.
[36:31.980 --> 36:36.980] So why would they give them all the documents and why would MERS then shred them?
[36:36.980 --> 36:39.980] That absolutely did not make sense.
[36:39.980 --> 36:42.980] And I think it is not true.
[36:42.980 --> 36:47.980] I don't think MERS ever saw those documents.
[36:47.980 --> 36:52.980] And the lenders are taking a lot of heat.
[36:52.980 --> 37:02.980] They're getting accused of putting together these meals for the purpose of creating fraudulent documents.
[37:02.980 --> 37:06.980] Because they've lost the originals.
[37:06.980 --> 37:12.980] And the story is that MERS shredded them and that's nonsense to do any such thing.
[37:12.980 --> 37:19.980] So why would the lender, all of these banks,
[37:19.980 --> 37:25.980] risk attorney generals of every state coming after them,
[37:25.980 --> 37:37.980] and pay this $15 billion judgment in order to keep from being prosecuted by the state's attorney general,
[37:37.980 --> 37:42.980] when we know exactly where the note is?
[37:42.980 --> 37:47.980] Stock in the custodian has it.
[37:47.980 --> 38:02.980] Ginny May requirements require that the loan document and all associated documentation be forwarded by the lender to the document custodian,
[38:02.980 --> 38:07.980] so that the document custodian can essentially underwrite the note.
[38:07.980 --> 38:19.980] He will look over the note and certify to Ginny May that the note meets the requirements of the pool into which it's being placed.
[38:19.980 --> 38:27.980] The lender creates a set of pools, one pool for each interest rate that he charges.
[38:27.980 --> 38:29.980] And I suspect it's not even that simple.
[38:29.980 --> 38:32.980] It's probably more complicated than that.
[38:32.980 --> 38:36.980] But this is what's in the Ginny May manual.
[38:36.980 --> 38:43.980] It's that each note in a pool must have the same interest rate.
[38:43.980 --> 38:48.980] I suspect it's also going to have to have the same, approximately the same terms,
[38:48.980 --> 38:54.980] like a fixed rate wouldn't go in the same portfolio with a arm,
[38:54.980 --> 39:02.980] because the interest rates would change around and all the interest rates in the pool have to change the same way at the same time.
[39:02.980 --> 39:08.980] So it's pretty complex and you could expect a lender to have lots of pools,
[39:08.980 --> 39:12.980] one for each permutation of note that he would create.
[39:12.980 --> 39:21.980] In order for the lender to place the note into the pool, the lender must issue a security.
[39:21.980 --> 39:28.980] And he must be registered with Ginny May as an issue worker for Ginny May.
[39:28.980 --> 39:36.980] He also must be a, keep losing this term, a commitment agent,
[39:36.980 --> 39:41.980] so that he can commit Ginny May to back the note.
[39:41.980 --> 39:44.980] Ginny May does not back the notes directly.
[39:44.980 --> 39:48.980] Ginny May is the one that backs the pools.
[39:48.980 --> 39:51.980] Fannie Mae and Freddie back were the ones that backed the notes.
[39:51.980 --> 39:53.980] Ginny May backs the pools.
[39:53.980 --> 39:58.980] And that's why we don't hear a lot about Ginny May, because they deal with the pools instead of us.
[39:58.980 --> 40:03.980] But in order for it to go in the pool, the lender had to be an issuer,
[40:03.980 --> 40:08.980] so he could issue the security that goes in the pool.
[40:08.980 --> 40:11.980] The note does not go in the pool.
[40:11.980 --> 40:14.980] The security goes in the pool.
[40:14.980 --> 40:20.980] In order to get the note in the pool, the note has to go to the document custodian,
[40:20.980 --> 40:23.980] which is third-party company.
[40:23.980 --> 40:30.980] And the document custodian must certify the note to Ginny May,
[40:30.980 --> 40:34.980] and then the document custodian is required to maintain possession of the note
[40:34.980 --> 40:40.980] until termination of the contract.
[40:40.980 --> 40:42.980] What is hard about that?
[40:42.980 --> 40:47.980] I mean, that is pretty straightforward.
[40:47.980 --> 40:53.980] The document custodian is commanded to have the note.
[40:53.980 --> 40:58.980] We've had several people ask for information from MERS,
[40:58.980 --> 41:01.980] and MERS would direct them to San Antonio.
[41:01.980 --> 41:03.980] That's where all their records are.
[41:03.980 --> 41:06.980] That's because when MERS is acting as beneficiary,
[41:06.980 --> 41:12.980] any records they have on a note that's in the pool would have to be enhanced to document custodian,
[41:12.980 --> 41:17.980] and that's where their document custodian is.
[41:17.980 --> 41:20.980] So that begs the question.
[41:20.980 --> 41:26.980] If the note is in the hands of the document custodian,
[41:26.980 --> 41:29.980] what the heck is going on here?
[41:29.980 --> 41:31.980] The lender knows exactly where he's at.
[41:31.980 --> 41:36.980] Why on earth would he pay a company to produce forged documents
[41:36.980 --> 41:42.980] when he knows exactly where the original is?
[41:42.980 --> 41:48.980] Why wouldn't he just go to the document custodian and ask for it?
[41:48.980 --> 41:51.980] And anybody who listens to the show all the time,
[41:51.980 --> 41:59.980] I suspect you can kind of follow my thought processes through the research I've been doing.
[41:59.980 --> 42:03.980] Because several weeks ago I was asking exactly this question
[42:03.980 --> 42:08.980] when I first dug up this information on Ginny May.
[42:08.980 --> 42:11.980] Some said, what in the world is going on?
[42:11.980 --> 42:18.980] Why wouldn't they go to the document custodian and ask for that note
[42:18.980 --> 42:24.980] to be made available so that the borrower could inspect it
[42:24.980 --> 42:28.980] as uniform commercial code specifically requires?
[42:28.980 --> 42:31.980] That's easy enough.
[42:31.980 --> 42:35.980] Well, I can't prove it yet.
[42:35.980 --> 42:41.980] I have quite a bit of evidence to indicate that it's true.
[42:41.980 --> 42:52.980] But what I think was happening is not exactly what's been claimed out here in the public
[42:52.980 --> 42:58.980] about the lender selling the note more than once.
[42:58.980 --> 43:02.980] Well, they've been accused of selling the notes multiple times.
[43:02.980 --> 43:08.980] But in saying that the lender sells the note, that gives the impression
[43:08.980 --> 43:12.980] that he's selling a note like selling a used car,
[43:12.980 --> 43:16.980] that he takes this note and runs around with it and says, hey guys, I got this note.
[43:16.980 --> 43:20.980] I make you such a deal on this note.
[43:20.980 --> 43:23.980] That's not the way it happens at all.
[43:23.980 --> 43:28.980] The only reason this Ponzi scheme could come together
[43:28.980 --> 43:31.980] was because it's not done that way.
[43:31.980 --> 43:33.980] It's done in the back room.
[43:33.980 --> 43:38.980] And when we come back, I'll explain how they get this done in the back room
[43:38.980 --> 43:41.980] so nobody can see their sleight of hand.
[43:41.980 --> 43:44.980] This is Randy Kelton, David Stevens, Eddie Craig with our video.
[43:44.980 --> 43:49.980] I call in number 512-646-1984.
[43:49.980 --> 43:53.980] I'll finish this up in the next segment and then we'll start going to
[43:53.980 --> 43:56.980] Carl's, Matt, Tracy, and she there on the line.
[43:56.980 --> 44:20.980] We'll get to you right after this.
[44:27.980 --> 44:31.980] Drew Shaw, as interviewed on KFOR TV, was also told by ATF agents
[44:31.980 --> 44:34.980] that they had been paid to not come into work.
[44:34.980 --> 44:38.980] The ATF initially denied these claims and now variously claim
[44:38.980 --> 44:41.980] that one of their agents was in a free falling elevator, which has been disproven,
[44:41.980 --> 44:45.980] or that they had been in an all night stick out, or that they had been in a golf tournament.
[44:45.980 --> 44:48.980] As they try to sort out their lies, all we want to know is,
[44:48.980 --> 44:55.980] did the ATF receive a warning, and if so, why did they not pass it on to others in the middle of the world?
[44:55.980 --> 44:59.980] For more information, go to okcfoundandtruth.com.
[45:25.980 --> 45:27.980] And now you can too.
[45:27.980 --> 45:33.980] Jurisdictionary was created by a licensed attorney with 22 years of case winning experience.
[45:33.980 --> 45:38.980] Even if you're not in a lawsuit, you can learn what everyone should understand
[45:38.980 --> 45:42.980] about the principles and practices that control our American courts.
[45:42.980 --> 45:47.980] You'll receive our audio classroom, video seminar, tutorials,
[45:47.980 --> 45:51.980] forms for civil cases, prosay tactics, and much more.
[45:51.980 --> 45:55.980] Please visit ruleoflawradio.com and click on the banner.
[45:55.980 --> 46:24.980] Or call toll-free 866-LAW-EZ.
[46:24.980 --> 46:29.980] Always, I must be careful what I'm wishing for.
[46:29.980 --> 46:35.980] When I'm hungry, I like to know just what I'm wishing for.
[46:35.980 --> 46:36.980] Okay, we're back.
[46:36.980 --> 46:37.980] Thanks, Kelton.
[46:37.980 --> 46:40.980] Thanks, Steve and Dave Craig, ruleoflawradio.
[46:40.980 --> 46:45.980] And I'm going to finish up on this little disortation.
[46:45.980 --> 46:52.980] And if there are folks out there who know more about this than I do,
[46:52.980 --> 46:57.980] I would very much like to hear what they have to say.
[46:57.980 --> 47:02.980] I keep looking for people who know these areas.
[47:02.980 --> 47:05.980] And I have trouble finding them.
[47:05.980 --> 47:09.980] There is a very good chance I could be wrong.
[47:09.980 --> 47:16.980] And as concerns the way we go at this, that's not necessarily a problem.
[47:16.980 --> 47:21.980] So long as we make a good story and stick it in front of the judge,
[47:21.980 --> 47:24.980] they'll let the other side prove that we're wrong.
[47:24.980 --> 47:32.980] But anyway, to finish up my story, this is how I think they're actually doing it.
[47:32.980 --> 47:36.980] This is how the Ponzi scheme works.
[47:36.980 --> 47:39.980] Anyone who's been listening to show for a while,
[47:39.980 --> 47:45.980] you will have followed how these pieces have over time kind of come together.
[47:45.980 --> 47:51.980] A while back we pretty well figured out about the derivatives
[47:51.980 --> 47:55.980] and why the derivatives were such a big deal.
[47:55.980 --> 47:58.980] But there were still missing pieces.
[47:58.980 --> 48:03.980] And I think Ginny May stitches together the missing pieces.
[48:03.980 --> 48:05.980] This is how it works.
[48:05.980 --> 48:10.980] The lender goes out and creates these notes
[48:10.980 --> 48:15.980] and he intends to borrow and not pay back.
[48:15.980 --> 48:18.980] On the surface, that sounds counterintuitive,
[48:18.980 --> 48:23.980] that a lender would give you three, four, five, six hundred thousand dollars
[48:23.980 --> 48:28.980] to purchase this property and not want you to pay it back.
[48:28.980 --> 48:35.980] But that's exactly what is going on and has been going on since the year 2000.
[48:35.980 --> 48:40.980] In 1999, the Glass-Steagall Act was repealed.
[48:40.980 --> 48:43.980] The Glass-Steagall Act was put in right after the Depression
[48:43.980 --> 48:51.980] for the purpose of keeping out those lending practices that led to the Depression.
[48:51.980 --> 48:58.980] Prior to that, in 1907, a prohibition was put in against derivatives
[48:58.980 --> 49:02.980] because that caused a stock market crash in 1907.
[49:02.980 --> 49:07.980] In 1999, the banks lobbied the Congress
[49:07.980 --> 49:12.980] and got them to repeal the Glass-Steagall Act.
[49:12.980 --> 49:18.980] The year 2000 last action before the legislature closed the sign die
[49:18.980 --> 49:23.980] was to repeal this prohibition against derivatives.
[49:23.980 --> 49:28.980] That opened the door for this disaster.
[49:28.980 --> 49:37.980] Now, when you look at it, it took the bankers eight years to crash the market again.
[49:37.980 --> 49:40.980] That was no accident.
[49:40.980 --> 49:42.980] I hate the conspiracy theories.
[49:42.980 --> 49:45.980] I hate them, but we're stuck with them.
[49:45.980 --> 49:48.980] But when you look at what went on,
[49:48.980 --> 49:57.980] both these provisions designed to keep the banks from doing precisely what they did.
[49:57.980 --> 50:02.980] And these two provisions are in two totally different areas.
[50:02.980 --> 50:08.980] They did not get repealed within one year period by accident.
[50:08.980 --> 50:15.980] So then it took eight years to crash the market, and this is exactly how they did it.
[50:15.980 --> 50:20.980] They allowed these lenders to go out there and write predatory loans.
[50:20.980 --> 50:31.980] The government regulatory agencies that were supposed to oversee these entities was absolutely nonexistent.
[50:31.980 --> 50:40.980] They were allowed to write loans that people absolutely could not possibly pay back.
[50:40.980 --> 50:49.980] The lender would write this note and require that the borrower purchase private mortgage insurance.
[50:49.980 --> 50:55.980] He would place the note in a pool and add to it,
[50:55.980 --> 50:58.980] aside with it, the private mortgage insurance.
[50:58.980 --> 51:08.980] So that would tell the purchases of the pool once it was bundled into a large investment trust,
[51:08.980 --> 51:14.980] that if one of these security instruments, and they were collateral instruments,
[51:14.980 --> 51:22.980] if one of them fails by default, then the most you can lose is 15%,
[51:22.980 --> 51:25.980] because the private mortgage insurance pay 85% of the principal.
[51:25.980 --> 51:30.980] And when the lender bundles the pool into a trust,
[51:30.980 --> 51:38.980] the lender will receive approximately 103% of the original amount of the principal.
[51:38.980 --> 51:44.980] Now, when I first heard 103%, that sounded somewhat short.
[51:44.980 --> 51:54.980] Only 3% of the principal when they had a note that would produce over twice the amount of the principal over the term.
[51:54.980 --> 52:06.980] But they had other reasons, because then all they had to do is change the interest rate on the note
[52:06.980 --> 52:10.980] and go to AGI or Lehman Brothers, Shears & Lehman,
[52:10.980 --> 52:17.980] and purchase a totally unregulated insurance policy,
[52:17.980 --> 52:22.980] excuse me, a totally unregulated insurance policy,
[52:22.980 --> 52:29.980] and provide that as private mortgage insurance for the second note,
[52:29.980 --> 52:36.980] in the second pool, and collect another 103% of the original principal.
[52:36.980 --> 52:41.980] And then another, and then another, many say wanted to.
[52:41.980 --> 52:47.980] Now they're in a situation where they have this large pool of funds,
[52:47.980 --> 52:52.980] but each time the borrower pays the payment,
[52:52.980 --> 53:06.980] now the lender is going to have to reach into this pool of funds and pay a payment on each one of the notes that he's stuck in different pools.
[53:06.980 --> 53:13.980] And it appears as though they would want to pay these payments for 12 years,
[53:13.980 --> 53:19.980] because at 12 years, 15% of the principal will be paid down.
[53:19.980 --> 53:30.980] So now, if you default on the note, the private mortgage insurance will reimburse the investor the full amount of the principal,
[53:30.980 --> 53:33.980] so the investor doesn't lose.
[53:33.980 --> 53:41.980] The only one that loses is the insurance company that backed the PMI insurance.
[53:41.980 --> 53:46.980] AGI, Shears & Lehman, Lehman Brothers.
[53:46.980 --> 53:50.980] Those names found sound familiar.
[53:50.980 --> 53:55.980] The lender robbed from us on the front end,
[53:55.980 --> 54:04.980] by convincing people to enter into loan transactions that were beyond their ability to pay,
[54:04.980 --> 54:13.980] knowing full well they were beyond their ability and intending that they'd not be able to pay.
[54:13.980 --> 54:26.980] And then the lender bundled those bogus notes into a set of pools and sold them to investment portfolios.
[54:26.980 --> 54:29.980] And who invested in those portfolios?
[54:29.980 --> 54:35.980] They were specifically designed to sell to retirement funds.
[54:35.980 --> 54:43.980] So when they pulled the cork on it, they not only got your equity in your home,
[54:43.980 --> 54:50.980] got you put out on the street, they also got your retirement fund.
[54:50.980 --> 54:56.980] In the middle, they defrauded your tax base by filing a false 1099 with the ROS,
[54:56.980 --> 55:00.980] claiming the full amount of principal as abandoned funds.
[55:00.980 --> 55:05.980] And there's another scam in the middle that I won't even have time to go into today,
[55:05.980 --> 55:11.980] that explains why all these mortgage companies that were supposedly doing such a big business,
[55:11.980 --> 55:12.980] all bankrupted.
[55:12.980 --> 55:17.980] They bankrupted because they were designed to bankrupt for the purpose of hiding profit,
[55:17.980 --> 55:20.980] and I don't have time to go into how that happened.
[55:20.980 --> 55:23.980] But see how the scheme works?
[55:23.980 --> 55:28.980] All the lender has to do is force you into default.
[55:28.980 --> 55:33.980] Once you default, the insurance pays off on all of these notes.
[55:33.980 --> 55:43.980] Now, up until 2006, for the most part, the lender could keep the notes viable for that 12-year period.
[55:43.980 --> 55:49.980] But as the economy deteriorated because of these failed notes,
[55:49.980 --> 55:57.980] the pressure began to increase, and now the lender no longer had to force you into default.
[55:57.980 --> 56:02.980] Now so many were going into default that couldn't keep mad at it.
[56:02.980 --> 56:07.980] And now they were defaulting before the 12-year period was up.
[56:07.980 --> 56:14.980] Now the lenders are starting to lose investment money, and this is becoming a problem.
[56:14.980 --> 56:23.980] And the insurance companies that backed the derivatives are absolutely getting hammered.
[56:23.980 --> 56:34.980] So they come to our legislators, and our legislators in their wisdom gave them this $7 trillion bailout.
[56:34.980 --> 56:41.980] If you look at the money supply over the last 100 years, 104 years,
[56:41.980 --> 56:54.980] you'll see that since the time the Federal Reserve was created until 2008, the Federal Reserve had injected into the economy $1 trillion.
[56:54.980 --> 56:59.980] A graph of that rises down about a 2% grade.
[56:59.980 --> 57:03.980] In 2008, they injected another 7.
[57:03.980 --> 57:06.980] The graph went straight up off the charts.
[57:06.980 --> 57:16.980] If you follow the price of gold and silver, you plot them on a chart, it follows exactly the increase in the money supply.
[57:16.980 --> 57:20.980] The more money in circulation, the more money it takes to buy gold and silver.
[57:20.980 --> 57:23.980] Gold and silver never changes.
[57:23.980 --> 57:27.980] The dollar changes, the amount of dollars it takes to buy it changes.
[57:27.980 --> 57:37.980] In 2008, it went right off the chart. We can fully expect that the U.S. dollar is in its last days.
[57:37.980 --> 57:40.980] But not going there now.
[57:40.980 --> 57:46.980] The banks came away with this huge pool of money.
[57:46.980 --> 57:59.980] Now you can expect in the next two or three years Bank of America, Wells Fargo, Deutsche Bank, JPMorgan Chase to go the way of WAMU and all go out of business.
[57:59.980 --> 58:02.980] They were saying these banks were too big to fail.
[58:02.980 --> 58:04.980] Now they're saying they're too big not to fail.
[58:04.980 --> 58:06.980] The banks have taken all this money.
[58:06.980 --> 58:10.980] They scammed from us and went out and started a bunch of small banks.
[58:10.980 --> 58:21.980] Now they'll collapse the big banks, bring in their small banks, pick up the slack with non-reliability, screw everybody.
[58:21.980 --> 58:28.980] This is the biggest poverty scheme ever perpetrated in the history of the planet.
[58:28.980 --> 58:32.980] And this is Randy Kelton, the embassy was at a Craig Louisville radio.
[58:32.980 --> 58:36.980] It took a little longer than I intended to, but when we come back, we'll start taking calls.
[58:36.980 --> 58:41.980] Matt, Tracy, Leslie, Francis, we will pick you up on the other side.
[58:41.980 --> 58:46.980] Our call in number is 512-646-1984.
[58:46.980 --> 58:53.980] Give us a call and if you've got some opinions on what I was just talking about, I would very much like to hear them.
[58:53.980 --> 58:59.980] Even if they disagree with me, we'll be right back.
[58:59.980 --> 59:03.980] Would you like to make more definite progress in your walk with God?
[59:03.980 --> 59:10.980] In the end, Bibles for America is offering a free study Bible and a set of free Christian books that can really help.
[59:10.980 --> 59:15.980] The New Testament recovery version is one of the most comprehensive study Bibles available today.
[59:15.980 --> 59:22.980] It's an accurate translation and it contains thousands of footnotes that will help you to know God and to know the meaning of life.
[59:22.980 --> 59:27.980] The free books are a three volume set called Basic Elements of the Christian Life.
[59:27.980 --> 59:37.980] Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation, growing in Christ and how to build up the church.
[59:37.980 --> 59:50.980] To order your free New Testament recovery version and Basic Elements of the Christian Life, call Bibles for America toll free at 888-551-0102.
[59:50.980 --> 59:59.980] Or visit us online at bfa.org.
[59:59.980 --> 01:00:04.980] You've heard of getting your shots, but have you heard of getting shot if you don't?
[01:00:04.980 --> 01:00:16.980] I'm Dr. Catherine Albrecht and I'll be back to tell you just how far some public health officials will go to vaccinate kids.
[01:00:16.980 --> 01:00:22.980] Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[01:00:22.980 --> 01:00:27.980] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:00:27.980 --> 01:00:32.980] So protect your rights, say no to surveillance and keep your information to yourself.
[01:00:32.980 --> 01:00:35.980] Privacy, it's worth hanging on to.
[01:00:35.980 --> 01:00:38.980] This public service announcement is brought to you by startpage.com.
[01:00:38.980 --> 01:00:42.980] The private search engine alternative to Google, Yahoo and Bing.
[01:00:42.980 --> 01:00:49.980] Around 100% of parents in the U.S. opt out of measles vaccines for their kids according to the Centers for Disease Control.
[01:00:49.980 --> 01:00:53.980] Don't worry about side effects and others have religious or medical objections.
[01:00:53.980 --> 01:00:57.980] But in the African nation of Malawi, there are no exceptions.
[01:00:57.980 --> 01:01:06.980] Members of the Zion and Itui churches found this out the hard way when police rounded up over 100 of their children at gunpoint and forced them to be vaccinated.
[01:01:06.980 --> 01:01:09.980] In Malawi, holdouts go to jail.
[01:01:09.980 --> 01:01:15.980] One father was sentenced to prison and two years hard labor because his religion forbids vaccines.
[01:01:15.980 --> 01:01:18.980] Man, I'm glad to live in the land of the free.
[01:01:18.980 --> 01:01:23.980] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:01:32.980 --> 01:01:38.980] Lawyers can tell you that passing the bar exam takes a lot of work, but for one woman it was literally hard labor.
[01:01:38.980 --> 01:01:45.980] I'm Dr. Catherine Albrecht and I'll be back to tell you of a brave barrister who nearly birthed a baby while taking the test.
[01:01:45.980 --> 01:01:50.980] Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[01:01:50.980 --> 01:01:55.980] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:01:55.980 --> 01:02:00.980] So protect your rights. Say no to surveillance and keep your information to yourself.
[01:02:00.980 --> 01:02:03.980] Privacy. It's worth hanging onto.
[01:02:03.980 --> 01:02:10.980] This public service announcement is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing.
[01:02:10.980 --> 01:02:13.980] Start over with StartPage.
[01:02:14.980 --> 01:02:17.980] This story gives new meaning to bellying up to the bar.
[01:02:17.980 --> 01:02:22.980] A lot of Dawson, a law school graduate, was nine months pregnant on the day of her Illinois bar exam.
[01:02:22.980 --> 01:02:29.980] She's one tough cookie who whizzed through a three-year law program in two years and already had two federal clerkships lined up.
[01:02:29.980 --> 01:02:33.980] So when Dawson felt labor pains on the day of the test, she showed up anyway.
[01:02:33.980 --> 01:02:36.980] Then halfway through the exam, she went into active labor.
[01:02:36.980 --> 01:02:39.980] But even mind-blowing agony couldn't stop her.
[01:02:39.980 --> 01:02:48.980] She finished every question, turned in the test, then crossed the street to a hospital where she gave birth to a healthy six-pound baby just two hours later.
[01:02:48.980 --> 01:03:00.980] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:03:00.980 --> 01:03:10.980] You are listening to the Logos Radio Network. LogosRadioNetwork.com.
[01:03:10.980 --> 01:03:22.980] It's all according to the will of the Almighty.
[01:03:22.980 --> 01:03:29.980] I read his book and it says he cares none for the unsightly.
[01:03:29.980 --> 01:03:42.980] Okay, we're back. Ready to help them see the day quick. We'll leave the radio and we're going to go to your calls.
[01:03:42.980 --> 01:03:47.980] We're going to start with Matt in Texas.
[01:03:47.980 --> 01:03:50.980] Matt, what do you have for us today?
[01:03:50.980 --> 01:03:53.980] Good evening.
[01:03:53.980 --> 01:04:00.980] Oh, your son got a ticket for tobacco. Shamey, shamey.
[01:04:00.980 --> 01:04:03.980] Yes, sir, that is correct.
[01:04:03.980 --> 01:04:06.980] Okay, tell us what occurred.
[01:04:06.980 --> 01:04:27.980] Okay, so basically, well, he was out with a friend. It was after dark and they were near a park and they got out of a car that they were with some other friends.
[01:04:27.980 --> 01:04:40.980] And so apparently the deputy sheriff was parked right nearby and saw them get out of the car.
[01:04:40.980 --> 01:04:51.980] And so they were walking on the sidewalk and the deputy sheriff, I guess it was two of them, came up and approached my son and his friend.
[01:04:51.980 --> 01:05:01.980] Started asking them questions and, you know, questions like what, you know, why did you get out of that car?
[01:05:01.980 --> 01:05:10.980] What are you doing out of it? It was about 9 p.m. I think the ticket time is 9.16 p.m.
[01:05:10.980 --> 01:05:21.980] And started just asking them questions. And so as they were answering them, they just then said, do you have anything illegal on you?
[01:05:21.980 --> 01:05:43.980] And my son's friend immediately confessed to having cigarettes and he also had some rolling papers and I think one other piece of paraphernalia, which, you know, obviously isn't for smoking cigarettes.
[01:05:43.980 --> 01:05:59.980] My son answered him, no. But at that time they said, well, we're going to detain you and they handcuffed both boys who were both 15, by the way.
[01:05:59.980 --> 01:06:11.980] And at that time they saw an unlit cigarette in my son's hand that he had been kind of shuffling from at that time.
[01:06:11.980 --> 01:06:15.980] Did they take the children to jail or did they write them a citation?
[01:06:15.980 --> 01:06:28.980] Yeah, they wrote citation. Well, I don't believe they took his friend to jail. I was actually not available at the time and his mother, but they did not arrest them.
[01:06:28.980 --> 01:06:32.980] So they just wrote a citation.
[01:06:32.980 --> 01:06:36.980] Whoa, whoa, whoa. Yes, they did the moment they put the cuffs on them.
[01:06:36.980 --> 01:06:42.980] Hold on. Yeah, but that's from what you've told me.
[01:06:42.980 --> 01:06:57.980] The police were right. I have a question first. Let me back up one step. These kids were in a car. Was anyone in the car smoking?
[01:06:57.980 --> 01:07:04.980] Not that I'm aware of. I did not ask my son that question.
[01:07:04.980 --> 01:07:14.980] Okay, even if they weren't, there is nothing to prevent a policeman from coming up and asking you questions.
[01:07:14.980 --> 01:07:23.980] Just as there is nothing to prevent you from telling the policeman, hit the road, Jack, or I don't want to talk to you.
[01:07:23.980 --> 01:07:24.980] Right.
[01:07:24.980 --> 01:07:38.980] It's not illegal for them to ask questions. And as long as they were not physically detaining them, according to the case law, if the police are just asking questions, you can just turn and walk away.
[01:07:38.980 --> 01:07:46.980] And if you do that, if they then detain you, then that changes things. But there's no indication here that occurred.
[01:07:46.980 --> 01:07:50.980] And the police take advantage of the fact that children tend to respond to authority.
[01:07:50.980 --> 01:07:54.980] Right.
[01:07:54.980 --> 01:07:59.980] Once the one kid copped to the joint, they had probable cause to hold them both.
[01:07:59.980 --> 01:08:17.980] Okay, that's kind of what I thought. But I've been searching and searching and searching, and it's just so hard to find the same information to, you know, associate to this exact type of situation.
[01:08:17.980 --> 01:08:29.980] Most of what we get here are people who have been horrendously mistreated by our police. This is not one of those situations.
[01:08:29.980 --> 01:08:40.980] If they didn't take them to jail, if they just wrote them a citation, then what they did was probably a good thing because this is about the children.
[01:08:40.980 --> 01:08:55.980] It's about doing what's best for the children. If the police weren't abusive, if they did their jobs, then they let the children know that, for one thing, don't admit to anything.
[01:08:55.980 --> 01:09:04.980] But it's better you don't do this kind of stuff. If you're going to do this kind of stuff, don't throw it out in public because you've got these big guys with guns and badges.
[01:09:04.980 --> 01:09:19.980] I once had a chief of police call me. He had stopped my son who was 14, 13 or 14, and two or three other kids in the school parking lot driving a car around in the parking lot drinking beer.
[01:09:19.980 --> 01:09:30.980] He didn't take them all to jail for minor in possession and DUI and all of these charges he could have gotten.
[01:09:30.980 --> 01:09:39.980] He called every parent and I was the only one he could get a hold of. He called me last because he knew exactly who I was. He did not want to call me.
[01:09:39.980 --> 01:09:46.980] He went down there and went over to the car and they all started telling me, you know, all of them at once are telling me their story.
[01:09:46.980 --> 01:09:52.980] And I said, just shut up. I don't want to hear it. Just sit there and be quiet.
[01:09:52.980 --> 01:10:03.980] I turned around and put on this big dogged pony show where I stomped over to the police car and I leaned into the window and I said to the chief, James, I have a problem.
[01:10:03.980 --> 01:10:12.980] And he really got tense because he was there when I made the mayor and one of the city councilmen stand trial in the city hall.
[01:10:12.980 --> 01:10:18.980] That was a big day. So he got real tense and he said, well, what is that, Mr. Kelton?
[01:10:18.980 --> 01:10:24.980] This is not lasting long enough because he was going to turn them over to me.
[01:10:24.980 --> 01:10:26.980] Right.
[01:10:26.980 --> 01:10:33.980] What can we do to give them some more grief that won't ruin the rest of their lives?
[01:10:33.980 --> 01:10:38.980] And he kind of relaxed. He realized it and I wasn't against him.
[01:10:38.980 --> 01:10:55.980] And I wasn't anything he can do. But my point then was, this is what's best for the children. And as a parent, you know, and you don't know anybody who's more sensitive to a policeman doing his job like he's supposed to.
[01:10:55.980 --> 01:11:04.980] But at the same time, we need to tweak the police with respect when they do it right.
[01:11:04.980 --> 01:11:10.980] And from what I've heard, these are policemen exactly doing their jobs.
[01:11:10.980 --> 01:11:19.980] And I would hate for them to have grief for doing their jobs right.
[01:11:19.980 --> 01:11:26.980] And here's where, you know, I had a father who when he died, he died about 40 years ago.
[01:11:26.980 --> 01:11:32.980] He was about the most ignorant old buzzard that I ever met in my life.
[01:11:32.980 --> 01:11:46.980] But that was 40 years ago and learned if he don't get smarter every year, it wasn't until I was well grown that I realized that everything my father did around me and my brothers was about teaching us.
[01:11:46.980 --> 01:11:53.980] And in this case, this sounds like a good teaching experience for the children.
[01:11:53.980 --> 01:11:58.980] They should absolutely have to pay that fine themselves.
[01:11:58.980 --> 01:12:14.980] But as to probable cause, you know, if I were to look at this subjectively, if I was a judge, I would say, get it?
[01:12:14.980 --> 01:12:17.980] Did I lose you?
[01:12:17.980 --> 01:12:19.980] It looks like we lost him.
[01:12:19.980 --> 01:12:22.980] He just kind of cut out, though he shows he's still connected.
[01:12:22.980 --> 01:12:23.980] Hang on just a second.
[01:12:23.980 --> 01:12:25.980] I want to see what I can do with him here.
[01:12:25.980 --> 01:12:29.980] I can hear you guys, are y'all?
[01:12:29.980 --> 01:12:31.980] Yeah, I can hear you.
[01:12:31.980 --> 01:12:32.980] Okay.
[01:12:32.980 --> 01:12:38.980] Yeah, I think it cut out right when you were saying they should pay to find themselves.
[01:12:38.980 --> 01:12:40.980] Yeah, actually, that was Randy.
[01:12:40.980 --> 01:12:41.980] His connection dropped.
[01:12:41.980 --> 01:12:43.980] I'm trying to bring him back up just now.
[01:12:43.980 --> 01:12:47.980] Hang on just a second.
[01:12:47.980 --> 01:12:49.980] Looks like he may have lost internet.
[01:12:49.980 --> 01:12:54.980] Where is that?
[01:12:54.980 --> 01:12:56.980] All right.
[01:12:56.980 --> 01:13:06.980] Yeah, well, he's telling wonderful stories, but as far as the other kid opening his mouth, he kind of ruined the whole thing for everybody.
[01:13:06.980 --> 01:13:07.980] And Randy's right.
[01:13:07.980 --> 01:13:12.980] Kids tend to give in when a cop walks up to them and starts asking them questions.
[01:13:12.980 --> 01:13:16.980] They weren't under any obligation to respond to the officers.
[01:13:16.980 --> 01:13:18.980] Right.
[01:13:18.980 --> 01:13:23.980] And what his friend did put them both in hot water by doing what he was doing.
[01:13:23.980 --> 01:13:24.980] Right.
[01:13:24.980 --> 01:13:29.980] Friend needs to learn that.
[01:13:29.980 --> 01:13:31.980] That is what I was thinking.
[01:13:31.980 --> 01:13:52.980] I still was kind of frustrated with the line of questioning just for the sheer fact that they're, you know, teenage kids, you know, it's, yeah, it's after dark, but it was only nine o'clock in the evening and they're by a neighborhood park.
[01:13:52.980 --> 01:13:59.980] It's not unusual for 15 year old kids to have 16 or 17 year old kids with, you know, friends with cars.
[01:13:59.980 --> 01:14:13.980] So it doesn't seem to me like it's just a reason for the cops to come up and start basically assailing you with questions.
[01:14:13.980 --> 01:14:17.980] They're free to come up and start a conversation just like anybody else is.
[01:14:17.980 --> 01:14:21.980] What you have to recognize is you're right not to engage in that conversation.
[01:14:21.980 --> 01:14:26.980] Right.
[01:14:26.980 --> 01:14:39.980] And the kids, they outthink that automatically they have to, you know, respond when these guys talk to them because they're indoctrinated into thinking that the cops are always the good guys and they're not.
[01:14:39.980 --> 01:14:43.980] Now I can understand the officers doing their job in this case.
[01:14:43.980 --> 01:14:49.980] They may have had vandalism around that particular park, some of the homes or houses or schools in that area or whatever.
[01:14:49.980 --> 01:14:51.980] So I'm not familiar with it.
[01:14:51.980 --> 01:15:00.980] But the fact is that they had a, you know, some idea something might be going on two teenage boys out that time of night in a park.
[01:15:00.980 --> 01:15:03.980] Oh, well, let's see what they're up to.
[01:15:03.980 --> 01:15:04.980] The officers do full well.
[01:15:04.980 --> 01:15:18.980] These kids didn't have to respond, but they depended upon their authority figure, you know, acceptance to these kids to get them to engage in this conversation, which is exactly what I'd instruct the people in my class to never ever do.
[01:15:18.980 --> 01:15:23.980] Right.
[01:15:23.980 --> 01:15:25.980] Randy, are you back with us yet?
[01:15:25.980 --> 01:15:26.980] Yeah, I'm back.
[01:15:26.980 --> 01:15:27.980] Okay.
[01:15:27.980 --> 01:15:31.980] Anything else you want to add to this mix before you disappear again?
[01:15:31.980 --> 01:15:41.980] Just that, you know, this might be a time rather than, you know, feel put upon because the police are not really the bad guys, at least not all the time.
[01:15:41.980 --> 01:15:54.980] And I would very much like to see the original partnership that was intended between the police and the general public to be reestablished.
[01:15:54.980 --> 01:16:00.980] And we won't do it if we always consider the police to be bad guys.
[01:16:00.980 --> 01:16:19.980] We really have to give them some leeway in order to be able to do their jobs. If one of your elderly neighbors gets beat up by a bunch of kids running around acting like ignorant fools, you're going to say, what was the police?
[01:16:19.980 --> 01:16:21.980] Why didn't you guys do something about this?
[01:16:21.980 --> 01:16:22.980] Right.
[01:16:22.980 --> 01:16:30.980] And then when the police try to do something about it, then we complain about what they do when the police do it right.
[01:16:30.980 --> 01:16:32.980] We shouldn't pick on them.
[01:16:32.980 --> 01:16:36.980] We should compliment them and help them become our partners.
[01:16:36.980 --> 01:16:38.980] That's my opinion.
[01:16:38.980 --> 01:16:39.980] I'm sorry.
[01:16:39.980 --> 01:16:40.980] I'm sticking to it.
[01:16:40.980 --> 01:16:42.980] This is Randy Kelton.
[01:16:42.980 --> 01:16:57.980] This is Steve and Sadie Craig with low radio. I call it numbers 5126461984. Tracy, Leslie, I see you all on the board. We'll get to you when we come back.
[01:16:57.980 --> 01:17:00.980] Hey, when I run out of words before.
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[01:19:25.980 --> 01:19:41.980] Okay, we're back. We're talking to Matt in Texas. Matt will be having more comments or questions for us.
[01:19:41.980 --> 01:19:50.980] Well, I just wanted to thank you guys. I like your show. I just got recently turned on to it by a friend, but really good information.
[01:19:50.980 --> 01:20:03.980] I did have one question on, do you have any recommendations on a good resource of information so I know what I'm walking into when I go into court with my son?
[01:20:03.980 --> 01:20:12.980] Yes. Monday night show, Eddie Craig, the traffic show, he generally deals with the Class C misdemeanor.
[01:20:12.980 --> 01:20:24.980] Call me and ask questions. This is a good resource. Yeah, you also need to be looking at the Code of Criminal Procedure chapter 45 and everything up through 45 that deals with juveniles.
[01:20:24.980 --> 01:20:30.980] There's like three or four additional chapters that deal with juvenile procedures in the municipal and justice courts.
[01:20:30.980 --> 01:20:42.980] And let me make a suggestion. Get chapter 45 and read through it. Don't try to understand it. Don't try to remember everything. Just read through it. And then go back to the beginning and read through it a second time.
[01:20:42.980 --> 01:20:47.980] After the second reading, it'll really begin to start making sense.
[01:20:47.980 --> 01:20:50.980] That was the Code of Criminal Law?
[01:20:50.980 --> 01:20:52.980] Yes, the Code of Criminal Procedure.
[01:20:52.980 --> 01:20:55.980] Procedure, okay.
[01:20:55.980 --> 01:21:02.980] That will pretty well arm you. Knowledge is the most important thing you can go in with.
[01:21:02.980 --> 01:21:06.980] And if you listen to the show, we discuss these kinds of issues.
[01:21:06.980 --> 01:21:15.980] Call in and ask about, you know, specific issues about how to handle yourself in court.
[01:21:15.980 --> 01:21:22.980] Eddie's especially good with the Class C misdemeanor. And I'm kind of the due process guy.
[01:21:22.980 --> 01:21:24.980] Great.
[01:21:24.980 --> 01:21:30.980] Okay. Thank you for calling in. Now we're going to go to Tracy in Texas.
[01:21:30.980 --> 01:21:34.980] Tracy, what do you have for us?
[01:21:34.980 --> 01:21:46.980] I, my fiancee worked at the Dollar General Store here in little Lago Vista, north of Austin. And he went to work and came home one day about an hour after he went to work.
[01:21:46.980 --> 01:21:50.980] And I was like, okay, well, let's go on here.
[01:21:50.980 --> 01:21:53.980] Wait a minute. You said Lago Vista?
[01:21:53.980 --> 01:21:55.980] Yes, Little Bitty Lago Vista, north of Austin.
[01:21:55.980 --> 01:22:00.980] Yes, Little Tinksy Tinksy Lago Vista, south of Cleveland.
[01:22:00.980 --> 01:22:02.980] Yes.
[01:22:02.980 --> 01:22:06.980] Okay. Tiny little place. Everybody knows you there.
[01:22:06.980 --> 01:22:11.980] Yes, everybody knows everyone and everybody knows everything.
[01:22:11.980 --> 01:22:28.980] He came home and said that the Dollar General, the manager up there, had pulled him into the little office they have there and told him that they will accuse him of stealing women's panty liners.
[01:22:28.980 --> 01:22:41.980] And my fiancee was, you know, kind of confused. He told them, I did not steal any panty liners. And they insinuated that they had him on camera.
[01:22:41.980 --> 01:22:51.980] And in this particular Dollar General store, they only have two cameras. One that points at the cash register and one that points at the office where the safe is.
[01:22:51.980 --> 01:23:05.980] So we, you know, there's no video. For months, they've been trying to get him to quit by cutting his work hours. And he kind of endured.
[01:23:05.980 --> 01:23:13.980] And we think that they did this to get him to quit and get him out of there. And they had all the paperwork to fire him.
[01:23:13.980 --> 01:23:18.980] And my fiancee said, you know what? I'm through with this. I quit.
[01:23:18.980 --> 01:23:31.980] And now we are having a bit of problems with his pay. When Dollar General hires you, they hold back the first two weeks of payment.
[01:23:31.980 --> 01:23:42.980] And we waited. March 23rd, he was to be paid. He was not paid. March 30th, he was to be paid. He got $7 on his paycheck.
[01:23:42.980 --> 01:23:49.980] And we know that there's more than that. And we don't exactly know what to do.
[01:23:49.980 --> 01:23:57.980] Okay, this is not terribly difficult. The Dollar General is a large corporation.
[01:23:57.980 --> 01:24:05.980] And what I suggest you do is find out where the corporate headquarters are.
[01:24:05.980 --> 01:24:13.980] Find out the corporate headquarters and ask for the president or CEO.
[01:24:13.980 --> 01:24:24.980] Now, you won't get the president or CEO. You'll get the president, if you're lucky, if you can put him, you'll get the president or CEO secretary.
[01:24:24.980 --> 01:24:35.980] Now, contrary to popular opinion, the president and CEO are not the two most powerful people in the company.
[01:24:35.980 --> 01:24:44.980] Their secretaries are the most powerful people in the company. The president and CEO have to maintain a certain decorum.
[01:24:44.980 --> 01:25:02.980] The secretaries don't. So you call down there and give the president secretary an earful about how this manager has forced you, wanted to get rid of your husband.
[01:25:02.980 --> 01:25:19.980] So accused, so he accused him of stealing so that the manager could steal his last two paychecks from him. The president secretary is going to get real excited.
[01:25:19.980 --> 01:25:24.980] And he's going to start calling down the line and shooting people out.
[01:25:24.980 --> 01:25:30.980] And you better do something about this before it gets to my boss. And you guys are all being in trouble, blah, blah, blah.
[01:25:30.980 --> 01:25:35.980] I suspect this would get fixed real fast.
[01:25:35.980 --> 01:25:37.980] Okay, okay.
[01:25:37.980 --> 01:25:46.980] That's this. If you're dealing people spend their lives inside large companies, they forget the sovereign perspective.
[01:25:46.980 --> 01:25:54.980] When you're outside the company, do not subject to the chain of command.
[01:25:54.980 --> 01:26:07.980] I've ran my own business for the last 40 years. And the very hardest thing for me to get is put information about my own company.
[01:26:07.980 --> 01:26:16.980] If I got people screwing stuff up, even if there are higher ups realize that these guys down below them were screwing things up.
[01:26:16.980 --> 01:26:24.980] Do you think they're going to come to me and say, well, you know, one of my people was screwing things up really bad.
[01:26:24.980 --> 01:26:28.980] And I finally caught him and I did something about it.
[01:26:28.980 --> 01:26:31.980] Not a chance.
[01:26:31.980 --> 01:26:35.980] They're not going to tell me anything bad.
[01:26:35.980 --> 01:26:49.980] So out of respect for the president and for the people who invested their money into this business, they have a right to good information.
[01:26:49.980 --> 01:26:52.980] So take it to them.
[01:26:52.980 --> 01:27:02.980] And I can pretty well assure you when you go up to the top that when this starts to trickle down, it doesn't keep trickling.
[01:27:02.980 --> 01:27:07.980] It turns into a flood by the time it gets to the bottom.
[01:27:07.980 --> 01:27:13.980] So remember that old adage about certain things that roll downhill.
[01:27:13.980 --> 01:27:17.980] I was trying to be more delicate.
[01:27:17.980 --> 01:27:19.980] I wasn't going to say wasn't working for you.
[01:27:19.980 --> 01:27:25.980] Yeah, well, it's the radio, so we can't say poop on the radio.
[01:27:25.980 --> 01:27:28.980] You might use it too often.
[01:27:28.980 --> 01:27:29.980] Yeah, I might.
[01:27:29.980 --> 01:27:36.980] So anyway, this does work extremely well and it's good for business.
[01:27:36.980 --> 01:27:42.980] Business needs people to come in and tell them what they're doing wrong.
[01:27:42.980 --> 01:27:50.980] Hiring people and getting them to do a good job is extremely difficult and especially management.
[01:27:50.980 --> 01:27:58.980] People who are used to working, getting to management positions and they really don't know how to handle themselves.
[01:27:58.980 --> 01:28:05.980] And, you know, you could use this as a good training experience for this manager.
[01:28:05.980 --> 01:28:14.980] This manager who thinks because maybe he doesn't like somebody or maybe the manager has someone he wants to put in your fiance's place.
[01:28:14.980 --> 01:28:18.980] He can just pull this kind of stuff and get rid of it.
[01:28:18.980 --> 01:28:29.980] And then to have the person he's trying to get rid of land on him like a ton of bricks with good teaching experience for him as well.
[01:28:29.980 --> 01:28:39.980] But it also will let higher up know that they have people down below who are creating a situation that could get them into litigation.
[01:28:39.980 --> 01:28:41.980] Yes.
[01:28:41.980 --> 01:28:51.980] This is serious slander, big time and could lead to a very large lawsuit against the company and they are not going to like that.
[01:28:51.980 --> 01:28:56.980] So that should not be hard to handle.
[01:28:56.980 --> 01:28:59.980] It's one caution.
[01:28:59.980 --> 01:29:03.980] Don't have too much fun with it.
[01:29:03.980 --> 01:29:10.980] Because when you get this manager dancing, you'll enjoy it too much if you're not careful.
[01:29:10.980 --> 01:29:13.980] Okay, do you have anything else for us?
[01:29:13.980 --> 01:29:16.980] No, that'd be it.
[01:29:16.980 --> 01:29:19.980] Okay, that ought to handle it and let us know how it turns out.
[01:29:19.980 --> 01:29:21.980] Definitely.
[01:29:21.980 --> 01:29:23.980] Thank you very much.
[01:29:23.980 --> 01:29:30.980] Okay, now we're going to go to Miss Leslie in Pennsylvania.
[01:29:30.980 --> 01:29:32.980] Hello, Miss Leslie.
[01:29:32.980 --> 01:29:34.980] Hi, how are you?
[01:29:34.980 --> 01:29:36.980] Oh my goodness.
[01:29:36.980 --> 01:29:39.980] Looks like you've only got about 20 seconds.
[01:29:39.980 --> 01:29:41.980] Well, never mind.
[01:29:41.980 --> 01:29:43.980] I'll pick you up.
[01:29:43.980 --> 01:29:45.980] I'll pick you up on the other side.
[01:29:45.980 --> 01:29:48.980] This is Randy Kelsen, Debra Steven, Debbie Craig with our radio.
[01:29:48.980 --> 01:29:53.980] Our call in number 512-646-1984.
[01:29:53.980 --> 01:29:55.980] Call in, get on the board.
[01:29:55.980 --> 01:29:59.980] We've got a lot of people, so get on early so we can get you before the show's over.
[01:29:59.980 --> 01:30:00.980] We'll be right back.
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[01:32:26.980 --> 01:32:37.980] Okay, we're back.
[01:32:37.980 --> 01:32:41.980] Randy Kelton, David Stevens, Eddie Craig, Douglas Radio.
[01:32:41.980 --> 01:32:47.980] And we're talking to Leslie in Pennsylvania.
[01:32:47.980 --> 01:32:52.980] Leslie, I understand you have a question about or a comment about Wells Fargo.
[01:32:52.980 --> 01:32:54.980] Yes, I do.
[01:32:54.980 --> 01:33:00.980] I sent you a copy of a decision that came out of New Orleans last week.
[01:33:00.980 --> 01:33:07.980] And this particular Wells Fargo case was very interesting and made me think of you.
[01:33:07.980 --> 01:33:18.980] And the reason it made me think of you is because it had to do with the way they applied payments and amortization.
[01:33:18.980 --> 01:33:23.980] They only addressed what happened post-petition to the bankruptcy.
[01:33:23.980 --> 01:33:26.980] It was a Chapter 13 bankruptcy.
[01:33:26.980 --> 01:33:36.980] And the way they misapplied the payments during the bankruptcy amounted in a $24,000 overpayment to Wells Fargo.
[01:33:36.980 --> 01:33:46.980] And when the debtor confronted Wells Fargo and sued them, they kept appealing the appeals list for five years.
[01:33:46.980 --> 01:33:56.980] And I was just going over the litigation in just the first round. The first round of litigation was seven days in the original trial,
[01:33:56.980 --> 01:34:06.980] 18 post-petition remand motions, nine memoranda, nine objections, eight appeal notices, 15 assignments of error,
[01:34:06.980 --> 01:34:17.980] 57 sub-assignments of error, 261 pages of briefing and delays of 493 days from the date of the amended judgment
[01:34:17.980 --> 01:34:23.980] until the date the Fifth Circuit dismisses Wells Fargo appeal for lack of jurisdiction.
[01:34:23.980 --> 01:34:28.980] 22 issues were raised. And it goes on. And that's just the first round of litigation.
[01:34:28.980 --> 01:34:32.980] And every time they did something, you know, it almost doubled the amount of the award.
[01:34:32.980 --> 01:34:42.980] $24,000 in the end, it cost Wells Fargo $3.2 million.
[01:34:42.980 --> 01:34:45.980] Oh, wonderful.
[01:34:45.980 --> 01:34:52.980] The judge was really ticked off. And one of the reasons she was ticked off was while this started,
[01:34:52.980 --> 01:34:59.980] at the same time there was another case going on. And there was another previous case to that.
[01:34:59.980 --> 01:35:03.980] It was called Henry Stewart, which was also a bankruptcy case.
[01:35:03.980 --> 01:35:08.980] There was Fritz, which was another bankruptcy case, also in Louisiana, all three of them,
[01:35:08.980 --> 01:35:12.980] and from the same court. And they all had the same problem.
[01:35:12.980 --> 01:35:23.980] Wells Fargo has proprietary software. And every case that is in bankruptcy gets the same problem.
[01:35:23.980 --> 01:35:33.980] So if anybody has a Wells Fargo bank account with the mortgage, they can be assured they are overpaying.
[01:35:33.980 --> 01:35:46.980] So I guess it would not be reasonable to presume that Wells Fargo only uses this proprietary software in Louisiana?
[01:35:46.980 --> 01:35:49.980] That's correct.
[01:35:49.980 --> 01:35:59.980] And it would also be reasonable to assume it may even use it with things that are non-bankruptcy, Chapter 13.
[01:35:59.980 --> 01:36:09.980] In the records of the case, what information is there about the software?
[01:36:09.980 --> 01:36:21.980] Well, the way it works is that when the bank sees when you're late, they give you a fee and then they charge you extra interest and all.
[01:36:21.980 --> 01:36:33.980] They apply the payments first to that. So if you don't know that there's a late fee and they enter that first and you pay them,
[01:36:33.980 --> 01:36:47.980] they pay that first and then apply it to your balance. So from the minute you're late, you're going to be in perpetual default.
[01:36:47.980 --> 01:37:03.980] Okay, this I was aware of. I don't know that that in itself is specifically the problem. There has to be more to it than that.
[01:37:03.980 --> 01:37:12.980] Well, what happened with this particular one? Post petition now. Chapter 13 is only the last five years.
[01:37:12.980 --> 01:37:21.980] So in a five-year period, they overpaid $24,000 because of the way they applied the payments post petition.
[01:37:21.980 --> 01:37:28.980] They added post petition fees which were not allowed by the court, number one.
[01:37:28.980 --> 01:37:44.980] There's where I'm going because if you're late on a payment, in the normal course of business, they're allowed to do that. I think it's in the deed of trust on disposition of funds.
[01:37:44.980 --> 01:38:00.980] It's either in the deed of trust or in the note that they pay any fees before paying the applying to principal and interest. What seems to be missing is a provision for notice.
[01:38:00.980 --> 01:38:18.980] Well, not only that, in this particular case, they stated that there was a direct violation of the terms of their mortgage. The mortgage clearly states the way it was supposed to be taken out and applied as a direct violation.
[01:38:18.980 --> 01:38:37.980] I saw that, I downloaded your email, but I hadn't had time to read it yet. I am absolutely going to have to go back to that. This is what we're trying to do with our litigation engine, to develop all the arguments that we can and find all of these things are doing.
[01:38:37.980 --> 01:38:39.980] This is excellent.
[01:38:39.980 --> 01:39:00.980] It's worth talking about your booth. There's a problem there. This is a standard procedure. This is pretty well standard. I'm trying to remember what I've read in these notes about the application of funds as it concerns fees.
[01:39:00.980 --> 01:39:19.980] The late fee, that's collected by the servicer. So this gets into a question of the contract between the servicer and Wells Fargo or the lender.
[01:39:19.980 --> 01:39:36.980] What is the servicer required to do with the funds if there is a late fee? Does the servicer have a duty to give notice of the collection of the late fee?
[01:39:36.980 --> 01:39:57.980] It would seem reasonable that he would have to give notice so that the person making the payment would be able to carry any default. But it would be unreasonable to hold someone responsible for a default they're not aware of.
[01:39:57.980 --> 01:40:12.980] Right. What the court has said is that the way they applied the money paid was direct violation of the contract, of the mortgage contract itself.
[01:40:12.980 --> 01:40:34.980] I definitely want to see the argument, how they framed the argument to get to that position because this is really standard procedure. When I talked earlier about the banks needing you to default, these are one of the primary tools they use for that purpose.
[01:40:34.980 --> 01:40:52.980] And they said that 80% of Chapter 13 debtors in Louisiana in that area have incomes of less than $40,000 and it took them six months to get Wells Fargo to produce a simple accounting and the loan history and four court hearings.
[01:40:52.980 --> 01:40:58.980] So you can imagine, you know, I mean, there's a reason they don't want you to see it.
[01:40:58.980 --> 01:41:13.980] Yeah, and Wells Fargo is doing a calculation. Yeah, they're going to lose $3 million on this. You know, but how often do they get, do they lose $3 million? How often do they lose it all? They steal from everybody.
[01:41:13.980 --> 01:41:30.980] And every once in a while they're going to have to pay. If we can't produce a tool where people can more easily go after them, this is going to be like Ford with the Pinto.
[01:41:30.980 --> 01:41:43.980] Ford knew that the fuel tank on the Pinto was causing people rear-ended to burn to death in a horrible, horrible death.
[01:41:43.980 --> 01:41:52.980] But they did a calculation on how many people would die, how much the suits would cost them, compared to how much it would cost them to fix the problem.
[01:41:52.980 --> 01:41:59.980] And they said, well, it's cheaper to pay the suit. And this sounds like what Wells Fargo is doing.
[01:41:59.980 --> 01:42:17.980] Yeah. Well, there's another case involving, it was Northwest, which was also Wells Fargo. In Slick v. Northwest, they were assessed $2 million for charging post-petition attorney's fees to debtors' accounts without disclosing the fees to anybody.
[01:42:17.980 --> 01:42:19.980] Post-petition what fees?
[01:42:19.980 --> 01:42:21.980] Attorney's fees.
[01:42:21.980 --> 01:42:23.980] Oh, attorney's fees.
[01:42:23.980 --> 01:42:26.980] Yes.
[01:42:26.980 --> 01:42:44.980] I would very much like, I'm going to sit down and talk to you about this, because they're, in order for me to be able to put a set of questions into my questionnaire, how would we detect this particular problem?
[01:42:44.980 --> 01:42:53.980] The question would be someone that would point at this occurring.
[01:42:53.980 --> 01:43:08.980] Well, an amortization and check, if they had their amortization table and they could check it against what their current balance is, they would find there was a difference.
[01:43:08.980 --> 01:43:24.980] That I can do easy enough. I have a very extensive spreadsheet that I can do that with, where I can run an amortization and tell you on any given month what your principal and interest should be.
[01:43:24.980 --> 01:43:35.980] So that would be a way to look at it. Is there a red flag that a person might see that would give them an indication that this was going on?
[01:43:35.980 --> 01:43:38.980] Do you get late notices?
[01:43:38.980 --> 01:43:45.980] Okay, let me, there's something else I want to talk about when we come back on this particular issue.
[01:43:45.980 --> 01:43:49.980] This is Randy Kelton, Deborah Stevens, Eddie Craig, we have a radio.
[01:43:49.980 --> 01:44:00.980] Our call in number 512-666-1984. Give us a call. We'll be right back.
[01:44:00.980 --> 01:44:06.980] Are you the plaintiff or defendant in a lawsuit? Win your case without an attorney with Jurisdictionary.
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[01:45:01.980 --> 01:45:08.980] Are you the plaintiff or defendant in a lawsuit? Win your case without an attorney with Jurisdictionary.
[01:45:08.980 --> 01:45:15.980] The affordable, easy to understand four CD course that will show you how in 24 hours, step by step.
[01:45:15.980 --> 01:45:23.980] If you have a lawyer, know what your lawyer should be doing. If you don't have a lawyer, know what you should do for yourself.
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[01:45:28.980 --> 01:45:34.980] Jurisdictionary was created by a licensed attorney with 22 years of case winning experience.
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[01:45:43.980 --> 01:45:52.980] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, prosa tactics, and much more.
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[01:46:22.980 --> 01:46:41.980] Okay, we're back. Randy Kelk, Debra Stevenson, Dave Grave. We are radio talking to Leslie in Pennsylvania.
[01:46:41.980 --> 01:47:01.980] Leslie, you've got my engineering genes up and cooking. In looking at this, I have put together a spreadsheet for the purpose of evaluating primarily the loan documents,
[01:47:01.980 --> 01:47:13.980] the tuition lending statement, HUD 1 settlement statement, and the payment amounts recorded from the note in the tuition lending statement.
[01:47:13.980 --> 01:47:21.980] But in considering this issue, it looks like we need to take the next step.
[01:47:21.980 --> 01:47:40.980] It's relatively simple to put your loan amounts into a spreadsheet so that it will demonstrate for each payment what you should owe on principle and interest.
[01:47:40.980 --> 01:48:06.980] And in thinking about it, since the late fees go to the servicer, I would expect that the servicer is required to pay their principal, whoever they're working for, the principal and interest on time.
[01:48:06.980 --> 01:48:20.980] So this is an interesting question of how does the servicer collect his late fees?
[01:48:20.980 --> 01:48:29.980] Does he get to assess the late fee and take it from your payment to someone else because you're not paying the servicer.
[01:48:29.980 --> 01:48:47.980] You're paying the holder the note through the servicer. And it appears as though when you make a payment to the holder that the intermediary is taking your payment and extracting part of their payment, of your payment,
[01:48:47.980 --> 01:49:07.980] if the servicer assesses a late fee, it would seem that he would have to build you for the late fee.
[01:49:07.980 --> 01:49:27.980] Susan, again? Randy, you there? Well, looks like we may have lost Randy again. Are you still there? Leslie? Leslie, are you still there?
[01:49:27.980 --> 01:49:28.980] I'm still here.
[01:49:28.980 --> 01:49:41.980] Okay, hang on. I'm trying to get Randy back with us for some reason. His Internet is acting up on him. It's just one of those good nights. What can we tell you?
[01:49:41.980 --> 01:49:46.980] And imagine, folks, we have a little more than two hours more of this to go.
[01:49:46.980 --> 01:49:48.980] Okay, I think I'm back.
[01:49:48.980 --> 01:49:51.980] Yeah, you're back, at least as much as you've ever been.
[01:49:51.980 --> 01:49:54.980] Okay, where did you lose me at?
[01:49:54.980 --> 01:50:14.980] I was going to go into Chapter 13 and how they deal with your delinquency. When you go into Chapter 13, you have a five-year plan to get current on all your bills or what you cannot get current in or forgiven in a discharge.
[01:50:14.980 --> 01:50:32.980] And what they do is they go by your family budget. And when you have like a three-month or six-month delinquency, they divide that by 60 months and they put that into the plan because that's a, what would you call it, a secured debt.
[01:50:32.980 --> 01:50:42.980] And so that comes first. And whatever is in there, they cannot add any more late charges when you're in Chapter 13.
[01:50:42.980 --> 01:50:48.980] Wait, wait a minute. You're saying that the late charge being unsecured comes first?
[01:50:48.980 --> 01:51:12.980] No, what I'm saying is any late charge, when you put in a Chapter 13 plan, anything that you owe to your mortgage holder that is behind, you know, like the, say for instance, your six months behind in your mortgage and all those late fees, they're divided by 60 months and that becomes the plan.
[01:51:12.980 --> 01:51:22.980] Every month, you pay the trustee X number of dollars towards that six-month delinquency.
[01:51:22.980 --> 01:51:32.980] They are not allowed to add any more late charges. From the time you file for Chapter 13, you are considered current.
[01:51:32.980 --> 01:51:46.980] And they are not allowed. That's why post-petition charges are verboten. That's why they were upset about it. They're not allowed to add any post-petition charges because you're paying your mortgage every month.
[01:51:46.980 --> 01:51:56.980] Then you're paying the trustee every month and the trustee is paying the bank all the back payments.
[01:51:56.980 --> 01:52:14.980] If that's the case, why is nobody going after the servicer who's making the, who's doing the charges and suing them directly? Or even filing criminally against them for fraud?
[01:52:14.980 --> 01:52:27.980] Well, let's hope that this happened, you know, that this Wells Fargo case does it because this is not, like I said, this is about the third or fourth time they've been assessed. And they are saying, well, we gave them 500,000 this time.
[01:52:27.980 --> 01:52:51.980] We gave them this much. They'd only cost them $300,000 between $320,000 roughly to prosecute this overpayment, including the $24,000. And the judge felt that because they didn't pay any attention to the lesser amounts in the other cases,
[01:52:51.980 --> 01:53:06.980] which were twice the amount of the compensatory damages and five times the amount of the compensatory damages, they said, fine, we're going for 10 times this time and that's what they did.
[01:53:06.980 --> 01:53:27.980] Wonderful. And apparently a judge can do this based on the judges. What do they call it? It's not plenary power, but the judge has a power to do that. There's a special term for it. I just don't remember what it was.
[01:53:27.980 --> 01:53:45.980] I think it's discretionary, you know. I'm looking for a way to go back at the individuals. You know, I'm basically due process. Right. And I'm saying this is criminal. Yes, it is.
[01:53:45.980 --> 01:54:06.980] If I'm driving down the road and my tire for an instant touches the yellow line, they can put me in a dick and arrest me, bail me out, force me to go to court and go through a whole trial over that. These guys are knowingly and deliberately stealing from people.
[01:54:06.980 --> 01:54:24.980] Well, you know who has the gun? It's the guy that's at the head of the truck. The guy at the top. It's the guy at the top. I think that guy is us. We're not pursuing criminal prosecution on these issues.
[01:54:24.980 --> 01:54:25.980] Right.
[01:54:25.980 --> 01:54:27.980] I think they would go away if we did that.
[01:54:27.980 --> 01:54:48.980] They have to. I got something light to talk about. Okay. I had filed a UCC-1 filing in my county. And I had also filed a, what would you call it, a common law copyright of my commercial name?
[01:54:48.980 --> 01:54:49.980] Yes.
[01:54:49.980 --> 01:55:10.980] Okay. Well, I had a debt collector file a lawsuit today against me. And so I called his office and I said, hello. I said, we're going to fight this. And I said, and by the way, I'm countersuing you for $24,000 for the use of my copyright.
[01:55:10.980 --> 01:55:20.980] And after his secretary stammered and started, okay, I'll tell you. Because I could have fun with this all day.
[01:55:20.980 --> 01:55:25.980] I started to say, you sound like you were enjoying this way too much.
[01:55:25.980 --> 01:55:40.980] Oh, yeah. My husband, oh, I'm going to have some fun. I thought I called. But when I got it from the mail, you know, the complaint in the mail, I thought I'm going to have some fun with this. So I just called his secretary. She says, oh, you think court? I said, oh, okay.
[01:55:40.980 --> 01:55:58.980] Well, then you give him this message for me. I'm going to fight this. And by the way, you used my copyright. If you would have checked with the UCC listings, if you would have done a search, you would have found that you have a, you, if you win, you lose because you still have to overcome a very large
[01:55:58.980 --> 01:56:14.980] lean on this. And I said, you know, and you'll never get to see the money anyway. I said, and besides that, I said, if you win, I said, and besides that, I'm countersuing you for $24,000 because I copied that if the copyright of my name,
[01:56:14.980 --> 01:56:30.980] of that, you know, that you use my copyright and it's a violation. And she says, well, what are you talking about? I said, well, if you would have done an UCC one, a UCC five search, you would have discovered that you would have discovered the lean, you also would have
[01:56:30.980 --> 01:56:44.980] discovered the copyright because it is listed in the UCC one filing. And the charge is listed of $24,000.
[01:56:44.980 --> 01:57:06.980] This sounds like fun. We need to do a show and talk about this. We've had people talk about the commercial issue, but most of them spoke in terms of legal mythology or patriot mythology rather than the real law behind this.
[01:57:06.980 --> 01:57:20.980] This sounds like it would be something that would be a lot of fun to add to what we're doing. I thought, you know, I got nothing to lose. They can't get any money out of a third, you know.
[01:57:20.980 --> 01:57:32.980] Okay. Well, our calls are stacking up. Do we have anything else, Leslie? No, not this week. I just try to keep the biggest one felt for yesterday because we could spend a week just on the lawsuit.
[01:57:32.980 --> 01:57:45.980] Yes, I am going to go have a look at that and thank you very much for that. Okay. And don't get lost. Stay irregular. You're going to be of great value.
[01:57:45.980 --> 01:58:04.980] Thank you. Thank you very much. And now we're going to go to Francis in Colorado and she has been having fun. Francis, tell us about how much fun you've been having playing with attorneys.
[01:58:04.980 --> 01:58:06.980] Right now?
[01:58:06.980 --> 01:58:20.980] No, maybe we'll just hang off for a little bit. We're going to the top of the hour break. Francis was on our Wednesday night call and I do a conference call for the real estate issue on Wednesdays.
[01:58:20.980 --> 01:58:26.980] She has been bargaining attorneys. How many have you seen so far?
[01:58:26.980 --> 01:58:32.980] 64 to Florida and 4 in Colorado and actually have 2 more to go to Florida while I was sitting on hold.
[01:58:32.980 --> 01:58:47.980] Wonderful. I was just wondering why you were holding back. Okay, when we come back, we'll talk about those bar grievances. Give us a call at 512-646-1984.
[01:58:47.980 --> 01:58:56.980] We'll have Law Radio, Randy Cowell, Deborah Stevens, Eddie Craig. We'll be right back.
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