ROL_2012-07-05_16k.timecode

[00:10.520 --> 00:16.000]  I'm Dr. Catherine Albrecht, and I'll tell you about the attack on cash in just a moment.
[00:16.000 --> 00:17.720]  Privacy is under attack.
[00:17.720 --> 00:21.320]  When you give up data about yourself, you'll never get it back again.
[00:21.320 --> 00:26.320]  And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[00:26.320 --> 00:27.840]  So protect your rights.
[00:27.840 --> 00:31.360]  Pay no to surveillance and keep your information to yourself.
[00:31.360 --> 00:34.080]  Privacy, it's worth hanging on to.
[00:34.080 --> 00:39.720]  This message is brought to you by StartPage.com, the private search engine alternative to Google,
[00:39.720 --> 00:41.440]  Yahoo, and Bing.
[00:41.440 --> 00:44.820]  Start over with StartPage.
[00:44.820 --> 00:46.680]  Could cash disappear?
[00:46.680 --> 00:51.320]  The U.S. already jails citizens for large, unreported cash transactions.
[00:51.320 --> 00:56.120]  Mexico wants to outlaw cash purchases of real estate and high-dollar items.
[00:56.120 --> 01:03.560]  Find 1,500 euros in Greece or 5,000 euros in Italy as of 2011 and risk prison.
[01:03.560 --> 01:05.680]  Cash and civil liberties are inseparable.
[01:05.680 --> 01:09.680]  In a cashless society, bureaucrats can control how you spend your money, and that could have
[01:09.680 --> 01:11.720]  a chilling effect on freedom.
[01:11.720 --> 01:14.880]  Dissenters could one day wake up to zero bank balances.
[01:14.880 --> 01:19.560]  Unpopular groups could become penniless, and the overweight might be limited to fat-free
[01:19.560 --> 01:20.560]  foods.
[01:20.560 --> 01:22.760]  So let's all use cash and fight to preserve it.
[01:22.760 --> 01:24.200]  Our freedom depends on it.
[01:24.200 --> 01:34.200]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[01:34.200 --> 01:37.080]  Dogs have an uncanny way of knowing what's on your mind.
[01:37.080 --> 01:40.720]  Sometimes it seems they anticipate what we want even before we do.
[01:40.720 --> 01:46.240]  I'm Dr. Catherine Albrecht, and I'll tell you how researchers explain this in a moment.
[01:46.240 --> 01:47.840]  Privacy is under attack.
[01:47.840 --> 01:51.440]  When you give up data about yourself, you'll never get it back again.
[01:51.440 --> 01:56.200]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:56.200 --> 02:01.280]  So protect your rights, say no to surveillance, and keep your information to yourself.
[02:01.280 --> 02:03.960]  Privacy, it's worth hanging on to.
[02:03.960 --> 02:08.240]  This public service announcement is brought to you by StartPage.com, the private search
[02:08.240 --> 02:11.800]  engine alternative to Google, Yahoo, and Bing.
[02:11.800 --> 02:15.480]  Start over with StartPage.
[02:15.480 --> 02:17.720]  Dogs seem like mind readers sometimes.
[02:17.720 --> 02:19.920]  It's like they just know when not to bug you.
[02:19.920 --> 02:20.920]  Why is that?
[02:20.920 --> 02:24.200]  Well, it's not telepathy or your dog's language skills.
[02:24.200 --> 02:29.340]  Dogs anticipate our behavior by studying our eyes and our facial expressions.
[02:29.340 --> 02:33.240]  Researchers in Florida trained a group of dogs to seek treats from their human testers.
[02:33.240 --> 02:37.520]  Then they had some of the humans read books while others turned around.
[02:37.520 --> 02:39.120]  Some just looked straight ahead.
[02:39.120 --> 02:43.560]  When they were called, the dogs responded only when they could see the humans' faces.
[02:43.560 --> 02:45.520]  The book readers got the cold shoulder.
[02:45.520 --> 02:48.760]  Your dog can tell when you're likely not to be paying attention.
[02:48.760 --> 02:52.280]  In fact, Fido is probably reading you like a book.
[02:52.280 --> 02:54.320]  I'm Dr. Catherine Albrecht.
[02:54.320 --> 03:23.920]  More news and information at CatherineAlbrecht.com.
[03:24.320 --> 03:45.920]  I'm Dr. Catherine Albrecht.
[03:45.920 --> 03:50.400]  You acting like a bloody fool If you're gay, then you must get cool
[03:50.400 --> 03:55.760]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[03:55.760 --> 04:00.160]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[04:00.160 --> 04:04.560]  Okay, this is Randy Kelton, Daddy Craig, the Unibrow Radio.
[04:04.560 --> 04:22.000]  We're here with this Thursday, the 5th of July, 2012, and with Debbie Craig and Eddie Stevens.
[04:23.120 --> 04:28.480]  Ah, forget about it. Okay, Randy Kelton, Debbie Stevens, Eddie Craig.
[04:29.120 --> 04:32.560]  Hey, this is what happens when you don't drink your insurer every day, folks.
[04:32.560 --> 04:37.840]  This is what happens when you don't drink your tangy tangerine. Randy,
[04:38.720 --> 04:42.800]  you ordered some. What happened? You're not taking it.
[04:43.440 --> 04:50.080]  Well, I got some stuff for memory and that don't work either because I forget to take it.
[04:51.680 --> 05:01.840]  Okay, we were going to talk about claims against title. I know I'm talking about that kind of
[05:01.840 --> 05:11.120]  stuff a lot lately, but it's what I'm researching and talking to you folks about it helps to
[05:11.120 --> 05:17.120]  organize the subject for me a lot better and I hope it gives good information.
[05:17.760 --> 05:29.040]  Someone sent me a very well-structured document today. It's a presentation on how to
[05:29.040 --> 05:36.880]  petition for quiet title. It looks like it was written by a lawyer for other lawyers
[05:38.080 --> 05:42.880]  because in the structure, it appears as though these people live in a lawyer box.
[05:43.920 --> 05:51.440]  But I'd like to go through this. As much for an archive as anything else, as a resource.
[05:52.640 --> 05:56.640]  A lot of times people don't get a whole lot out of trying to read a document.
[05:56.640 --> 06:03.360]  So I'm going to go through it piece by piece and it'll give you some ideas of what you can do.
[06:04.480 --> 06:08.480]  Now, this is about removing the lien from a title. The first step
[06:10.080 --> 06:15.920]  is to contact the judgment creditor or its attorneys. Inform them that the lien is invalid.
[06:17.520 --> 06:22.080]  This is part one below. Or is currently showing against the homestead
[06:22.080 --> 06:28.080]  and formally demand that the creditor execute a release or partial release or legal action
[06:28.080 --> 06:32.960]  will be taken without further notice. Creditor attorneys are knowledgeable concerning the
[06:32.960 --> 06:38.320]  potential liability here for their clients. So they will often cooperate and advise the
[06:38.320 --> 06:43.840]  creditor to sign a release. Sometimes, however, this does not happen necessarily to proceed
[06:43.840 --> 06:48.880]  with the steps outlined below. This is why I think this was written by an attorney for
[06:48.880 --> 06:58.800]  attorneys because they appear to live inside the lawyer box. And this appears to be addressing
[06:58.800 --> 07:06.800]  only those liens that are obviously unenforceable without question. Ours aren't quite always so
[07:06.800 --> 07:13.200]  obvious. And since we have the big banks on the other side, it often doesn't make any difference
[07:13.200 --> 07:20.640]  if it's obvious. We still have the big banks to deal with. So as I go through this, I'm going to
[07:20.640 --> 07:26.160]  talk about a somewhat different perspective. It goes on to say the best way to go through the
[07:26.160 --> 07:31.760]  above process is to ask your real estate lawyer to send a demand letter with an already prepared
[07:31.760 --> 07:37.680]  release and closed, ready to be signed by the creditor. This approach has far more credibility.
[07:37.680 --> 07:43.200]  Any old release will not do. The release must be carefully and correctly drafted or the creditor
[07:43.200 --> 07:50.160]  will not sign it and the title company will not accept it. Part one statutory procedure for
[07:50.160 --> 08:00.640]  removing invalid liens. What if the creditor refuses to sign a release? Section 53160,
[08:00.640 --> 08:08.400]  the Texas Property Code, provides an expedited procedure for removal of an invalid or unenforceable
[08:08.400 --> 08:15.680]  lien from any real property, whether homestead or not. Grounds must be among those specified
[08:15.680 --> 08:29.040]  in the statute specifically. Now this references section 53056, 57, 8, 53, 252, 253.
[08:29.040 --> 08:35.360]  I have pulled up part of those so I could just kind of touch on them. And I will go to
[08:35.920 --> 08:44.880]  056 first. Derivative claimant, notice to owner. Oops, my computer is annoying me.
[08:47.520 --> 08:53.600]  Notice to, okay, notice to owner or original contract. Accept is provided by subject P.K.
[08:53.600 --> 08:58.160]  A claimant other than the original contractor must be given notice P.K.
[08:58.160 --> 09:04.480]  be given notice prescribed by this section for the lien to be valid. If the lien claim arises
[09:04.480 --> 09:10.960]  for a debt incurred by some contractor, okay, this mostly, this was going to go to contractors.
[09:12.000 --> 09:21.520]  What we're most interested in here are deed of trust liens. So we're going to look for the
[09:21.520 --> 09:25.200]  statutes that go to deed of trust liens. You might notice I'm doing a little research as
[09:25.200 --> 09:32.240]  I'm talking and I hope nobody's offended by that. But you learn along with me.
[09:33.680 --> 09:37.760]  Notice for contractor retainage claim. The claimant may give notice under this section.
[09:37.760 --> 09:44.560]  This is 057. In this section, instead of, or in addition to notice under section
[09:45.600 --> 09:50.720]  53, I'll tell you what, I'm just going to skip these and just read the document itself.
[09:50.720 --> 09:57.360]  We'll go back and I'll tear these apart and only bring the salient parts. Okay.
[10:02.240 --> 10:07.360]  What was that? Okay. Notice of the filed affidavit. Okay, these are reasons that he's
[10:08.400 --> 10:16.000]  indicating for filing the document. One, notice of claim was not furnished to the owner or original
[10:16.000 --> 10:29.520]  contractor as required by section 50, 053, 7, 8, 252, 253. The second one, the reasons for
[10:34.160 --> 10:39.680]  signing off on the claim, notice of the filed affidavit was not furnished to the owner or
[10:39.680 --> 10:48.080]  original contractor as required by 53, 055. Before next week, I will have gone through
[10:48.080 --> 10:57.360]  each one of these and I will structure this out so you will know exactly how to go about
[10:58.320 --> 11:03.040]  moving to release a lien, at least in Texas. I realize most of you are not from Texas,
[11:03.040 --> 11:10.000]  but these statutes are for the most part consistent across the country because
[11:10.000 --> 11:18.240]  essentially the same issues keep coming up. So far, it's been my experience that Texas
[11:18.240 --> 11:25.040]  has the most comprehensive jurisprudence or corpus juris of any state I've ever looked at.
[11:25.040 --> 11:32.080]  So generally, Texas is a good benchmark because they tend to cover everything.
[11:33.200 --> 11:37.680]  A lot of states have some of what's in the Texas law, but few have all of them.
[11:38.560 --> 11:47.200]  Anyway, let me proceed. Another reason for the owner to release the lien, the owner complied
[11:47.200 --> 11:53.200]  with the requirements of section 53, 101 and paid the retainage and all of the funds that
[11:53.200 --> 11:59.920]  are owed to the original contractor before the claimant perfected the lien and the owner
[11:59.920 --> 12:09.680]  received notice of the claim as required by this chapter. Number five, all funds subject
[12:09.680 --> 12:14.480]  to the notice of a claim to the owner and the perfection of the claim against the statutory
[12:14.480 --> 12:20.960]  retainage have been deposited in the registry of the court and the owner has no additional
[12:20.960 --> 12:29.600]  liability to claim it. There's another one that you will like. The claimant executed
[12:29.600 --> 12:38.720]  a valid enforceable waiver or release of the claim or lien claimed in the affidavit. I have
[12:39.600 --> 12:45.120]  looked at a few of these notes and I've been doing some evaluations on them. I've done about
[12:45.120 --> 12:57.200]  10 or 12 and I have found four that had releases of lien in them. This item seven here, the
[12:57.200 --> 13:04.160]  claimant executed a valid and enforceable waiver or release of the claim or lien claimed
[13:04.160 --> 13:16.080]  in the affidavit. This is a very big deal right now. In researching the records, my
[13:16.080 --> 13:24.160]  perspective is beginning to change. You know, there's been a lot of huffing and puffing
[13:24.160 --> 13:30.960]  about the banks and claims and accusations of fraud and Ponzi scheme and all that and
[13:30.960 --> 13:41.120]  that may be true. But from the start, that has been a difficult issue to adjudicate and
[13:41.120 --> 13:50.240]  it's been a difficult issue to sort out. And on top of that, we've had this problem
[13:50.240 --> 13:58.160]  with this mess in the court records. And in looking at it, in doing, you know, evaluating
[13:58.160 --> 14:04.880]  these documents, I'm looking at the documents thinking, how can these guys be this dumb?
[14:04.880 --> 14:16.160]  I mean, I'm finding really incredible errors in the court record. And I'm looking at
[14:16.160 --> 14:26.960]  what's going on. It all seems to come down to round hole square peg. The lenders are
[14:26.960 --> 14:33.920]  the lenders. Now this is not, I'm not talking in defense of the lenders, trying to understand
[14:33.920 --> 14:40.320]  the mechanism of what's going on. If you understand what's going on, then you can
[14:40.320 --> 14:47.600]  better undermine what they're trying to do. We're seeing these releases of liens filed
[14:47.600 --> 14:53.120]  in the court document, in the court record. And what I believe is actually going on here
[14:53.120 --> 15:00.080]  is confusion. This is just simple confusion. We've got 200 years in this country alone
[15:01.120 --> 15:09.760]  of jurisprudence concerning real property records. Real property is unlike a lot of
[15:09.760 --> 15:18.800]  other things. Real property absolutely needs a chain of title. If you get a loan against
[15:18.800 --> 15:25.680]  your car and they go sell the loan, that's not really such a big deal. Or if you get
[15:25.680 --> 15:32.000]  a line of credit, credit card, and they sell those notes, that's not such a big deal.
[15:33.440 --> 15:40.720]  But when it comes to real property, there are laws in place. Now, while it's true,
[15:40.720 --> 15:48.960]  for the most part, there are no laws that require those holding claim to real property
[15:49.840 --> 15:59.920]  to file notice of the claim in the court record. And all of this, these suits against the clerks,
[15:59.920 --> 16:06.960]  at least the one in Texas, the one by Craig Watkins, a district attorney of Dallas County,
[16:06.960 --> 16:17.200]  Mers was right when they said it was frivolous, because the law placed no duty on the lenders
[16:18.080 --> 16:25.600]  to file anything in the court record. And that was exactly where I read the law.
[16:27.920 --> 16:35.520]  What the law did do is say, you don't have to file these records, but if you don't,
[16:35.520 --> 16:42.320]  then your claim is not protected. Okay, this is Randy Calvin Davis TV with J.D. Craig.
[16:42.880 --> 16:52.560]  Move along radio. We'll be right back on the other side.
[16:52.560 --> 17:05.760]  It is so enlightening to listen to 90.1 FM, but finding things on the internet isn't so easy,
[17:05.760 --> 17:08.800]  and neither is finding like-minded people to share it with.
[17:08.800 --> 17:11.600]  Oh, well, I guess you haven't heard of Brave New Books then.
[17:11.600 --> 17:13.040]  Brave New Books?
[17:13.040 --> 17:18.080]  Yes. Brave New Books has all the books and DVDs you're looking for by authors like Alex Jones,
[17:18.080 --> 17:23.360]  Ron Paul, Angie Edward Griffin. They even stock inner food, Berkey products, and Calvin soaps.
[17:24.000 --> 17:26.320]  There's no way a place like that exists.
[17:26.320 --> 17:31.840]  Go check it out for yourself. It's downtown at 1904 Guadalupe Street, just south of UT.
[17:31.840 --> 17:35.600]  Oh, by UT. There's never anywhere to park down there.
[17:35.600 --> 17:40.560]  Actually, they now offer a free hour of parking for paying customers at the 500 MLK
[17:40.560 --> 17:42.720]  parking facility just behind the bookstore.
[17:43.840 --> 17:46.800]  It does exist, but when are they open?
[17:46.800 --> 17:51.520]  Monday through Saturday, 11 AM to 9 PM and 1 to 6 PM on Sundays.
[17:51.520 --> 17:55.360]  So give them a call at 512-480-2503,
[17:55.360 --> 17:58.400]  or check out their events page at bravenewbookstore.com.
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[18:49.360 --> 18:57.200]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com
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[19:57.200 --> 20:09.680]  Okay, Randy Kelter, Steve Z. Craig with LAMB Radio,
[20:10.800 --> 20:16.880]  and we're talking about how to get rid of a lien, and when we went out we were talking about
[20:18.160 --> 20:24.800]  how this mess occurs. I'm trying to understand what's actually going on and give me
[20:24.800 --> 20:31.840]  more clues as to how we can find more and more weaknesses in what they're doing, and
[20:32.800 --> 20:40.240]  this appears to be round hole square peg. It doesn't appear quite so much to be just
[20:41.200 --> 20:43.520]  being sloppy, although that's part of it.
[20:43.520 --> 20:58.080]  This is something new. Using real estate or real property backed claims, or I'm sorry,
[20:58.080 --> 21:06.560]  real property backed securities is unusual, and this was some great idea somebody came up with.
[21:06.560 --> 21:16.400]  In 1929, after the stock market crash, the Glass-Steagall Act forbade the banks
[21:16.960 --> 21:23.280]  to speculate with their depositors money. They couldn't participate in the stock market or in
[21:23.280 --> 21:30.720]  securities market. In 1999, they removed the Glass-Steagall Act, and that's the same year
[21:30.720 --> 21:38.320]  they removed the restriction on derivatives. The Glass-Steagall Act allowed the banks to speculate
[21:38.320 --> 21:46.400]  in the market, and so they said, okay, what can we do to use this newfound freedom to make a lot of
[21:46.400 --> 21:55.840]  money, and they saw real estate backed mortgages as long-term obligations that fit perfectly with
[21:55.840 --> 22:05.760]  the retirement funds, which needed long-term investments. So, it seemed like a perfect match.
[22:06.640 --> 22:14.720]  The problem is the nature of real property does not lend itself to trading in securities because
[22:14.720 --> 22:21.760]  of the reporting requirements, and this is where the banks have a problem. There is a lot of
[22:21.760 --> 22:28.240]  talk about, show me the note, and that the banks can't prove they hold a claim,
[22:29.040 --> 22:35.200]  and everybody claims to be worried that the bank's going to come back and foreclose,
[22:35.200 --> 22:39.280]  and then somebody else is going to come and foreclose. You can pay the note off,
[22:39.840 --> 22:43.200]  and then somebody else is going to come back and make a claim against your property.
[22:43.200 --> 22:54.160]  Well, that has happened, and so far I've heard of it happening three times
[22:56.480 --> 23:00.960]  out of seven million. Now, I'm sure it's happened more than three times,
[23:01.760 --> 23:08.960]  but it is extremely rare, and the banks understand this is not a real issue.
[23:08.960 --> 23:14.640]  The problems the banks have is they haven't taken care of their paperwork,
[23:14.640 --> 23:22.800]  and they can't prove that it's not a real issue. So, since they can't prove it's not a real issue,
[23:22.800 --> 23:34.160]  we get to make it an issue. But there's something else. In the structuring of the documentation
[23:34.160 --> 23:42.400]  for these securities, they didn't have a 200-year-old model to go by, so they just kind
[23:42.400 --> 23:53.440]  of went by the seat of their pants, and that is never a good idea. I've talked about finding these
[23:53.440 --> 24:01.200]  releases of lien, and this statute and this document refers to one of the reasons that you
[24:01.200 --> 24:16.560]  could get the party to release the lien is that they have executed a valid and enforceable waiver
[24:16.560 --> 24:24.400]  or release of lien of the claim or lien claimed in the affidavit. I am seeing these filed in the
[24:24.400 --> 24:31.200]  court records. If you have a mortgage, you might want to go look in the court records, see if you
[24:31.200 --> 24:38.880]  have a deed of trust, and then look to see if there is a release of lien in the record.
[24:40.160 --> 24:45.440]  There are a number of other things, claims that you can make, and we'll get to some of those after
[24:45.440 --> 24:56.880]  we get through this or maybe in the process. But I'm finding a lot. I would guess about 40% of what
[24:56.880 --> 25:03.920]  I've looked at so far have releases of lien in them, and that's an incredible amount. 40%,
[25:03.920 --> 25:14.080]  I'm sorry, a release of lien. What that means is it's over, guys. For whatever reason,
[25:14.800 --> 25:20.800]  you released your claim, and this is what I think the reason is. I'm telling you this so
[25:20.800 --> 25:27.600]  you look at your mortgage process, and if these things have occurred, then you'll know to look
[25:27.600 --> 25:34.080]  for these issues. A primary one is Washington Mutual. Washington Mutual got caught laundering
[25:34.080 --> 25:42.880]  money for the drug cartels with the CIA and was essentially shut down to the government,
[25:43.760 --> 25:51.040]  and they transferred all of the assets of Washington Mutual to J.P. Morgan Chase.
[25:51.040 --> 26:01.280]  Well, there's a process for doing that, and I think that because of the newness of these types
[26:01.280 --> 26:09.520]  of loans and the unusual nature of these kinds of transfers, that they just didn't get all the
[26:09.520 --> 26:18.080]  procedures down. Now, here's what should have happened. Washington Mutual, in fact,
[26:18.080 --> 26:25.600]  a Washington Mutual bank should have filed an assignment for every note they had,
[26:26.320 --> 26:32.480]  assigning the note from Washington Mutual. Let me back up one step.
[26:34.720 --> 26:43.840]  Washington Mutual should have went to the trustee for each deed of trust and requested
[26:43.840 --> 26:56.640]  that the trustee transfer the note, the deed of trust and the note from Washington Mutual
[26:57.440 --> 27:06.560]  to J.P. Morgan Chase, and then file in the court record a release of their claim
[27:06.560 --> 27:15.200]  so that J.P. Morgan Chase could file a deed of trust in their name. Well, they got the
[27:16.240 --> 27:23.600]  release of lien filed, but they didn't get the assignment filed. And I think the reason they
[27:23.600 --> 27:31.920]  didn't is because it wasn't exactly an assignment. J.P. Morgan Chase just absorbed
[27:31.920 --> 27:39.760]  Washington Mutual, and somehow they didn't get all the processes straight. They didn't get the
[27:40.400 --> 27:44.880]  release of lien in first, I mean, I'm sorry, they didn't get the assignment in first, and they
[27:44.880 --> 27:53.440]  didn't get the second filing of deed of trust. Now, there is a reason that they didn't get the
[27:53.440 --> 28:02.320]  that they didn't get the assignment done. And they had to assign the note and the deed of trust for
[28:02.320 --> 28:09.280]  it to be valid, because that's a requirement in the deed of trust that they are authorized to
[28:10.080 --> 28:14.800]  sell the note or a portion of a portion of the note or the entire note together with the security
[28:14.800 --> 28:22.160]  instrument. So they would have had to make the transfer of both. Problem. They didn't hold them
[28:22.160 --> 28:31.920]  both. They only held the deed of trust. So they didn't have a note to transfer. So all they did
[28:31.920 --> 28:36.640]  was transfer the deed of trust, or they were supposed to have transferred the deed of trust,
[28:36.640 --> 28:45.680]  at least, and then give a release of their claim so that J.P. Morgan could file their own claim.
[28:45.680 --> 28:53.040]  And these two things didn't happen. The assignment and the filing of a claim by J.P. Morgan Chase.
[28:54.560 --> 29:03.840]  And I have only one of the cases I have involved Washington Mutual. There are other banks who are
[29:03.840 --> 29:12.800]  doing the same thing. So it appears that where the original bank gets bought out or absorbed
[29:12.800 --> 29:18.800]  by another, there is some confusion as to how this is supposed to be done. And
[29:20.000 --> 29:23.120]  some people are filing documents they shouldn't be filing.
[29:24.960 --> 29:35.040]  Now, the reason I went to that is this has turned out to be much, much more common
[29:36.160 --> 29:41.600]  than I would have expected. So everybody needs to go down to the court record and
[29:41.600 --> 29:48.400]  look at your documentation. See what's in that red cup. Ever see with Eddie Craig? We'll be right back.
[30:00.080 --> 30:05.600]  A noble lie in Oklahoma City, 1995, will change forever the way you look at the true nature of
[30:05.600 --> 30:10.240]  terrorism. Based on the damage pattern to the building, what the government says is impossible.
[30:10.240 --> 30:13.920]  The grand jury did not want to hear anything I had to say.
[30:13.920 --> 30:17.680]  The decision was made not to pursue any more of those individuals.
[30:17.680 --> 30:21.840]  Some of these columns were ripped up, shredded, tossed around.
[30:22.400 --> 30:26.160]  The people that did the things they did knew doggone well what they were doing.
[30:26.160 --> 30:29.440]  Expose the cover up now at a noble lie dot com.
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[30:59.360 --> 31:05.680]  It is so enlightening to listen to 90.1 FM, but finding things on the internet isn't so easy,
[31:05.680 --> 31:08.640]  and neither is finding like-minded people to share it with.
[31:08.640 --> 31:11.440]  Oh, well I guess you haven't heard of Brave New Books then.
[31:11.440 --> 31:12.800]  Brave New Books?
[31:12.800 --> 31:17.920]  Yes, Brave New Books has all the books and DVDs you're looking for by authors like Alex Jones,
[31:17.920 --> 31:21.200]  Ron Paul, and G. Edward Griffin. They even stock inner food,
[31:21.200 --> 31:23.280]  Berkey products, and Calvin soaps.
[31:23.280 --> 31:26.160]  Huh, there's no way a place like that exists.
[31:26.160 --> 31:31.680]  Go check it out for yourself. It's downtown at 1904 Guadalupe Street, just south of UT.
[31:31.680 --> 31:35.360]  Oh, by UT, there's never anywhere to park down there.
[31:35.360 --> 31:41.440]  Actually, they now offer a free hour of parking for paying customers at the 500 MLK parking facility,
[31:41.440 --> 31:42.720]  just behind the bookstore.
[31:42.720 --> 31:46.560]  It does exist, but when are they open?
[31:46.560 --> 31:51.440]  Monday through Saturday, 11 AM to 9 PM, and 1 to 6 PM on Sundays.
[31:51.440 --> 31:59.440]  So give them a call at 512-480-2503, or check out their events page at bravenewbookstore.com.
[32:21.440 --> 32:31.440]  And, I don't understand, your job is to protect and to serve, not be an abuse.
[32:31.440 --> 32:56.160]  Okay, we're back. We're here with Calvin Depp, Stevens, and Craig with La Radio.
[32:56.160 --> 33:01.760]  And we're talking about why you should go look in the court record, and
[33:03.280 --> 33:06.240]  what you're likely to find, and what you can do about it when you do.
[33:09.120 --> 33:12.240]  I'm going to go ahead and go down this document a little bit more,
[33:13.200 --> 33:17.200]  so you get an idea of what the legal structures are that the lawyers are
[33:18.080 --> 33:21.360]  planning on using, or being taught to use.
[33:21.360 --> 33:27.360]  Filing suit to remove lien, the least expensive means of contesting a wrongful or invalid lien
[33:28.240 --> 33:32.480]  would be to file a contra-veiling affidavit in the real property records,
[33:32.480 --> 33:36.080]  but this would merely state your sworn opinion that the lien is invalid.
[33:36.640 --> 33:42.960]  And primarily, this is talking about mechanics and material misleens,
[33:44.160 --> 33:46.880]  but it also applies to deeds of trust.
[33:46.880 --> 33:51.920]  Okay, the least expensive means of contesting a wrongful or invalid lien
[33:51.920 --> 33:55.760]  would be to file a contra-veiling affidavit in the real property records,
[33:55.760 --> 33:59.200]  but this would merely state your sworn opinion that the lien is invalid.
[33:59.200 --> 34:06.480]  Perhaps for some title company to evaluate with regard to a further transaction,
[34:06.480 --> 34:08.000]  it would not remove the lien.
[34:08.000 --> 34:16.960]  Section 53196 prescribes the approved procedure for removing the lien.
[34:17.760 --> 34:22.320]  Although the statute talks about motion to remove a claim or lien,
[34:22.320 --> 34:27.440]  it is better practice to file a suit, obtain a case number, court assignment,
[34:28.240 --> 34:32.160]  get service on the defendant, and then file the motion.
[34:32.160 --> 34:38.240]  This method allows the plaintiff to pursue all available avenues of release against the defendant,
[34:38.240 --> 34:42.160]  including fraud and deceptive trade practice practices, for example,
[34:42.160 --> 34:45.440]  that would go beyond the scope with the statutory motion.
[34:46.000 --> 34:51.920]  What makes the motion procedure beneficial is the speed with which it can be heard and adjudicated.
[34:52.560 --> 34:56.320]  So what we really have here is an expedited form of lawsuit.
[34:56.320 --> 35:03.920]  Well, we'll talk about that in a bit. This procedure of notifying the other side,
[35:03.920 --> 35:11.040]  I especially don't like that idea. And we'll talk about why, as soon as I finish,
[35:11.040 --> 35:16.880]  this is not a whole lot left. The procedural requirements, the motion procedure requires
[35:16.880 --> 35:23.840]  that the defendant, the person who filed the lien, be given at least 21 days notice of the
[35:23.840 --> 35:36.080]  hearing. And this 21 days, in Texas, the person on an original petition has until the Monday
[35:36.080 --> 35:45.600]  after the 21st day from the date of filing. So if the 21st day lands on a Monday,
[35:45.600 --> 35:57.920]  then they have until the next Monday in which to file. So we always want the 21st day to land on
[35:57.920 --> 36:05.360]  Sunday, gives them the least amount of time. If the 21st day lands on a weekday or a holiday,
[36:06.000 --> 36:14.640]  then the last day to file moves to the next business day. But if the day, the last day to
[36:14.640 --> 36:23.440]  file lands, in this case lands on a weekday, then it would be the Monday after, it's still
[36:23.440 --> 36:30.560]  the next Monday. Okay. The motion should be supported by all relevant documents and at
[36:30.560 --> 36:38.400]  least one sworn affidavit. The hearing is an evidentiary hearing, a mini trial really,
[36:38.400 --> 36:43.040]  meaning that the testimony will be taken for the record. The judge then rules and the effect
[36:43.040 --> 36:47.920]  is immediate. There is no requirement that 30 days elapsed before the ruling is final.
[36:49.120 --> 36:55.520]  As is the case with the final judgment in the case, a certified copy of the order should then
[36:55.520 --> 37:00.560]  be filed in the real property records and forwarded to any title company that may be
[37:00.560 --> 37:07.520]  involved. Sale of the property can then proceed without any further delay as to whoever receives
[37:07.520 --> 37:14.560]  the release of lien. This looks like it's for foreclosure bill attorneys who are trying to
[37:14.560 --> 37:22.800]  foreclose on a property and there's a mechanics or material man's lien in their way. Section 53156
[37:22.800 --> 37:28.960]  of the Texas Property Code provides that the court may award costs and reasonable attorney fees
[37:28.960 --> 37:34.960]  as are equitable and just. An affidavit of attorney's fees and costs should be attached
[37:34.960 --> 37:45.280]  to the motion. Not should be, must be. If they have an attached one and ask for the attorney
[37:45.280 --> 37:52.160]  fees and with an affidavit attesting to the validity of the attorney fees, the judge is not
[37:52.160 --> 37:58.960]  allowed to grant it. It is at the discretion of the plaintiff as to whether or not following a
[37:58.960 --> 38:04.560]  ruling on the motion, the underlying suit should continue and be dismissed. It is likely that the
[38:04.560 --> 38:09.680]  decision will turn on whether or not the ruling itself provides the plaintiff with sufficient
[38:10.240 --> 38:20.400]  compensation. So he's saying you file suit against whoever put in the lien and once the suit is in
[38:20.400 --> 38:27.280]  place and he doesn't give you any indication of how to establish the suit and the causes of action
[38:27.280 --> 38:36.000]  for the suit. But once you have a suit in place, then you can file this motion for a ruling on the
[38:36.000 --> 38:41.680]  validity of the lien. And if you get a ruling in your favor, it would essentially dispose of the
[38:41.680 --> 38:49.520]  suit unless you've made a claim for damages. Two sets of rules apply. In order to determine
[38:49.520 --> 38:55.760]  which rules apply, you'll need to determine if the judgment in question was abstracted before
[38:55.760 --> 39:04.960]  or after September 1st, 2007. To begin the process, you'll need copies of the lien or judgment,
[39:04.960 --> 39:10.240]  warranty deed to the subject property, documentation from the appraisal district,
[39:10.240 --> 39:14.800]  or the official evidence that the subject property is in fact the homestead or the debtor.
[39:14.800 --> 39:24.640]  Section 520012. Let's see. Judgment liens abstracted after September 1st, 2007.
[39:27.760 --> 39:34.000]  The property code and new law effective September 1st deals with judgment liens against the homestead
[39:34.000 --> 39:41.040]  which are abstracted after that date. The new law affirms that a judgment lien does not attach to
[39:41.040 --> 39:48.000]  and does not constitute a lien on a judgment debtor's exempt real property, including the
[39:48.000 --> 39:53.760]  debtor's homestead. It can be difficult, however, to persuade a title company of this fact that
[39:53.760 --> 40:00.400]  they should ignore a judgment. A title company's automatic self-serving reaction is usually to
[40:00.400 --> 40:06.320]  require that all liens be cleared. The homeowner should resist this pressure and insist on his or
[40:06.320 --> 40:15.360]  her homestead rights. Now, I'm hoping that somebody listening knows what that means
[40:17.040 --> 40:22.000]  because I'm reading this and frankly I have no idea what that means.
[40:23.360 --> 40:31.840]  The new law affirms that a judgment lien does not attach to and does not constitute a lien
[40:31.840 --> 40:40.000]  on a judgment debtor's exempt real property. This would sound like if you have a homesteaded
[40:40.000 --> 40:47.680]  property and you ask someone to do some work on the property and you don't pay them,
[40:48.880 --> 40:57.600]  they can't get a lien against your property. And frankly that fits with what I had heard and not
[40:57.600 --> 41:04.800]  specifically verified is that in the matter of a homestead, the only lien that was valid against
[41:04.800 --> 41:13.040]  homesteaded property would be a original purchase lien. And that original purchase lien had to have
[41:13.040 --> 41:26.880]  been in place prior to the homesteading of the property. But after the constitutional amendment
[41:26.880 --> 41:33.360]  that authorized home equity loans, it would seem all of this would have changed. Anyway,
[41:33.360 --> 41:38.720]  let me go ahead. As in the case of other liens, the first step in the lien removal process under
[41:38.720 --> 41:44.320]  the new law is a demand letter. In this case, a 30-day letter to the judgment creditor and his
[41:44.320 --> 41:54.160]  attorney. If there is no response, section 520012 provides that a judgment debtor may file a
[41:54.160 --> 42:00.800]  homestead affidavit as release of judgment lien, which serves as a release of the record of a
[42:00.800 --> 42:06.240]  judgment lien established under this chapter. The affidavit must be in proper form each time
[42:06.240 --> 42:10.880]  after. The affidavit must be in proper form, meeting all the requirements in statute.
[42:10.880 --> 42:21.200]  However, if the judgment creditor files a contradicting affidavit, and if after filing
[42:21.200 --> 42:27.360]  such contradicting affidavit, a purchaser or mortgagee of real property acquires the
[42:27.360 --> 42:33.840]  purchaser's or mortgagee's interest in the judgment debtor, then the debtor's affidavit
[42:33.840 --> 42:39.200]  does not act as a release of the judgment lien with respect to the purchaser or mortgagee.
[42:41.440 --> 42:47.520]  It appears to be what they're saying here is if there is a legitimate lien against the property
[42:47.520 --> 42:54.880]  and you buy the property, you buy the lien. Okay, the following, and that's why we send people down
[42:54.880 --> 43:00.000]  to the courthouse steps saying there's a claim against the property. Because if there's a claim
[43:00.000 --> 43:08.400]  against the property, there is a lien. When we first started doing the radio, there's a
[43:08.400 --> 43:13.440]  lot of stuff, a lot of talk about IRS issues. And the big thing then was show me the lien.
[43:15.360 --> 43:19.200]  And after studying it a while, it became clear you can't show you the lien.
[43:20.720 --> 43:27.040]  There was the presumption that the lien was some sort of document establishing a claim.
[43:27.040 --> 43:35.280]  That's not what a lien is. The document in the record is evidence of the existence of a lien.
[43:36.160 --> 43:42.000]  A lien exists as a claim as a matter of law. This is Randy Kelton, Dennis Stevenson,
[43:42.000 --> 43:57.920]  Terry Craig with La Radio. We will be right back and I'll finish up on the other side.
[44:12.720 --> 44:16.960]  has stated in an affidavit that agents of the Bureau of Alcohol, Tobacco and Firearms
[44:16.960 --> 44:21.840]  told her that they were not in their office that morning. EMT Catherine Mallet also overheard one
[44:21.840 --> 44:27.200]  agent say to another, quote, Is that why we got the page to not come in today, end quote.
[44:27.200 --> 44:33.040]  Bruce Shaw, as interviewed on KFOR TV, was also told by ATF agents that they had been paged to not
[44:33.040 --> 44:38.720]  come into work. The ATF initially denied these claims and now variously claim that one of their
[44:38.720 --> 44:42.720]  agents was in a free falling elevator, which has been disproven, or that they'd been in an all
[44:42.720 --> 44:47.760]  night stick out, or that they'd been at a golf tournament. As they try to sort out their lives,
[44:47.760 --> 44:53.120]  all we want to know is, did the ATF receive a warning? And if so, why did they not pass it on
[44:53.120 --> 44:58.560]  to others in the middle level? For more information, go to OKCBombingTruth.com.
[45:00.800 --> 45:05.680]  Are you the plaintiff or defendant in a lawsuit? Win your case without an attorney
[45:05.680 --> 45:12.320]  with Jurisdictionary, the affordable, easy to understand 4CD course that will show you how in
[45:12.320 --> 45:19.520]  24 hours, step by step. If you have a lawyer, know what your lawyer should be doing. If you don't
[45:19.520 --> 45:24.720]  have a lawyer, know what you should do for yourself. Thousands have won with our step by
[45:24.720 --> 45:32.000]  step course, and now you can too. Jurisdictionary was created by a licensed attorney with 22 years
[45:32.000 --> 45:37.600]  of case winning experience. Even if you're not in a lawsuit, you can learn what everyone
[45:37.600 --> 45:43.120]  should understand about the principles and practices that control our American courts.
[45:43.120 --> 45:49.360]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases,
[45:49.360 --> 45:56.160]  pro se tactics, and much more. Please visit RuleOfLawRadio.com and click on the banner
[45:56.160 --> 46:03.120]  or call toll free 866-LAW-EASY.
[46:26.160 --> 46:31.840]  I just sent a man and a soldier, a warrior of love, scuffling to keep the peace.
[46:31.840 --> 46:37.120]  All they're taking is a misunderstanding. Somebody calls the police.
[46:37.120 --> 46:57.840]  They're watching the spots fly. Watching the spots fly. Watching the spots fly.
[47:01.840 --> 47:06.800]  Friction is a distinction, the hard work can leave you cold as next.
[47:06.800 --> 47:15.240]  Okay, we're back. Randy Kelton, Never Steve, it's Eddie Craig. He's on the radio. And we're
[47:15.240 --> 47:23.360]  talking about liens on properties. And we're finishing up this document. That was essentially
[47:23.360 --> 47:29.240]  the end of it. It still has a little more about a checklist, but it's essentially worthless.
[47:29.240 --> 47:37.360]  I did want to talk about how to think about liens and how to think about the claims. I
[47:37.360 --> 47:41.040]  was going to open the phone lines up. Actually, they've been open, but we haven't gotten a
[47:41.040 --> 47:49.720]  call. So I'm going to keep on going. I could spend probably four or six hours on this subject.
[47:49.720 --> 47:57.880]  But I'm going to talk about a little more about why we should look into the process
[47:57.880 --> 48:05.520]  for removing liens. I'm in the process of researching out how to go about doing this.
[48:05.520 --> 48:12.040]  And when I read this document, the reason I said it appeared to be written by lawyers
[48:12.040 --> 48:17.640]  is because these people seem to live inside a lawyer's box. And they talk about why you
[48:17.640 --> 48:22.840]  should send this information to the lawyer on the other side and give him notice so he
[48:22.840 --> 48:33.240]  can file his arguments. And my position is horse manure. A much better strategy is bushwhack.
[48:33.240 --> 48:42.240]  I mean, they'll do it to you at every opportunity. And since we're not lawyers talking to lawyers,
[48:42.240 --> 48:50.360]  telling lawyers to treat other lawyers nice, we don't have to play nice. And there are
[48:50.360 --> 48:57.920]  these procedures for removing liens, but there's also another one. And this particular procedure
[48:57.920 --> 49:04.920]  was passed because the Republic of Texas was using the commercial process to file liens
[49:04.920 --> 49:15.500]  against public officials. And the state established an efficient way of removing those liens,
[49:15.500 --> 49:25.480]  a way to remove those liens in an ex parte hearing. And this was 51.903 of the property
[49:25.480 --> 49:39.280]  code. And 51.903 allows you to file a motion to remove a false or fraudulent lien. And
[49:39.280 --> 49:47.480]  in this one, it's not necessary to notice the other side. You merely have to show that
[49:47.480 --> 49:55.960]  the document on his face is insufficient for filing in the record. It's either fraud on
[49:55.960 --> 50:05.240]  his face or for some other reason, it doesn't meet all the rules and requirements for filing
[50:05.240 --> 50:15.800]  in the public record. And this is one of the things that got me looking at the record.
[50:15.800 --> 50:24.140]  And the more I dig into it, the more it became clear the only thing we should be adjudicating
[50:24.140 --> 50:30.900]  is what's in the court record. We don't need to go any further than that. I had a case
[50:30.900 --> 50:38.240]  this weekend of someone in Houston who was being foreclosed on and they had a whole stack
[50:38.240 --> 50:44.040]  of documentation of letters back and forth and loan modification agreements. And they
[50:44.040 --> 50:51.160]  wanted to argue the loan modification fraud and the improper assignments. And I looked
[50:51.160 --> 50:59.660]  in the court record and I found a deed of trust by the original lender and a substitute
[50:59.660 --> 51:09.600]  trustees deed and nothing else. So I talked to them and I said, guys, take all that paperwork
[51:09.600 --> 51:18.960]  you've got and hide it somewhere, put it away. All of these assignments they supposedly did
[51:18.960 --> 51:27.020]  and sent you notice of, you are not ever to mention those. Granted, I've went through
[51:27.020 --> 51:33.640]  all of them and they're all trash. I could trash any one of them in court easily based
[51:33.640 --> 51:43.600]  on their structure. However, they're not in court. The only thing that's in court
[51:43.600 --> 51:49.960]  is what's in the court record. If it's not in the court record, then in matters of real
[51:49.960 --> 51:58.660]  property doesn't exist. And that's the round hole. That's the problem these guys
[51:58.660 --> 52:07.400]  had trying to do securities trading with real property. Everything has to be filed in the
[52:07.400 --> 52:14.400]  court record. You're not required to, but if you don't, your claim is not perfected.
[52:14.400 --> 52:20.000]  If you don't do it right, your claim is not perfected. This is not something you can be
[52:20.000 --> 52:26.280]  careless with. If I write you a $25 check and I screw something up on it, well, I can
[52:26.280 --> 52:35.520]  fix it easy enough. But when you come and try to take someone's home from them, you
[52:35.520 --> 52:44.600]  better have everything right or you place yourself in a very serious and untenable position.
[52:44.600 --> 52:50.680]  And part of what we're structuring here is a way to make it clear to the other side
[52:50.680 --> 52:56.040]  that they're in an untenable position. I just had someone who had a piece of property
[52:56.040 --> 53:02.600]  and they were planning on moving out of it. And the bank was trying to foreclose and they
[53:02.600 --> 53:09.840]  want to know what to do. And I said, I'm going to suggest you let the bank evict you. And
[53:09.840 --> 53:16.160]  they said, well, why? I said, well, I looked through the court record. They don't have
[53:16.160 --> 53:27.320]  squat in there. It will be very easy to prove that the foreclosure was fraudulent. But if
[53:27.320 --> 53:31.440]  they don't kick you out of your house, you don't really have a good claim. And since
[53:31.440 --> 53:37.560]  you're moving anyway, go ahead and let them foreclose. And once they have foreclosed,
[53:37.560 --> 53:44.320]  then you come back to the court and show them the information that we're finding in the
[53:44.320 --> 53:52.320]  court record. I just had someone call me from California. They went into a hearing Tuesday.
[53:52.320 --> 53:58.540]  These people came to me two days after the foreclosure sale and a third party bought
[53:58.540 --> 54:06.720]  the property. And up until now, a third party buying the property was a real problem. But
[54:06.720 --> 54:12.880]  now with going through the court records with a fine tooth comb, what they did was create
[54:12.880 --> 54:24.320]  a situation such that the person who they're trying to evict, if they evict him, and then
[54:24.320 --> 54:33.200]  he then comes back and shows that the foreclosure sale was improper, he can sue the person who
[54:33.200 --> 54:40.120]  purchased. Now, normally you would consider that the person who purchased purchased in
[54:40.120 --> 54:47.320]  good faith, and normally they do. At least you would think that. That they just came
[54:47.320 --> 54:52.180]  in and bought a foreclosure sale. They're not responsible for anything the lender might
[54:52.180 --> 54:59.120]  have done wrong. Well, that might be the case if somebody writes a bad check. But this is
[54:59.120 --> 55:05.160]  not a bad check or if somebody produces a fraudulent security. But this is not the securities
[55:05.160 --> 55:13.680]  market. This is real property. And in real property, it needs to be filed in the court
[55:13.680 --> 55:22.120]  record. So we have all of this information in the court record, or we have a lack of
[55:22.120 --> 55:28.620]  this information in the court record. And Texas property code in Texas says that a deed
[55:28.620 --> 55:34.860]  of trust not properly filed in the court record is void. So they may have a deed of trust.
[55:34.860 --> 55:39.100]  They may have an assignment, but if it's not filed in the court record, the court can't
[55:39.100 --> 55:45.520]  look at it. It doesn't exist. So all we care about is what's in the court record. And the
[55:45.520 --> 55:52.520]  problem with the court record is they've already filed it. And once you have filed it, even
[55:52.520 --> 55:58.600]  if we go to the court and ask the court to rule, that the document is void and of no
[55:58.600 --> 56:06.720]  force and effect, it still stays in the court record. They can't take it out. Once it's
[56:06.720 --> 56:13.940]  filed, it never goes away. And if they have filed fraudulent documents, if a lawyer based
[56:13.940 --> 56:24.560]  on representations by his principal has acted as an agent and prosecuted a foreclosure when
[56:24.560 --> 56:32.680]  the principal did not have the proper documentation to support it, the lawyer is responsible.
[56:32.680 --> 56:39.200]  So we have this lawyer here for the people who purchased the property. And we're going
[56:39.200 --> 56:48.320]  to say, you had knowledge of what was in the court record. This argument we're bringing,
[56:48.320 --> 56:56.000]  we brought this directly out of the county record. That county record is there because
[56:56.000 --> 57:03.160]  it is intended to be put in the public domain and you are imputed to have knowledge of what
[57:03.160 --> 57:09.900]  is in there. You can't come before the court and say you didn't know that the lender had
[57:09.900 --> 57:15.600]  put in a release of lien before he did an assignment. And before he foreclosed, he had
[57:15.600 --> 57:24.120]  absolutely no power to foreclose and you knew it as a matter of law. Does this sound like
[57:24.120 --> 57:34.200]  fun or what? We can take them and use those very tools that they've been using against
[57:34.200 --> 57:41.840]  us and turn it back on us. And there's more. It's not just that we can go in the county
[57:41.840 --> 57:51.320]  record and find a lot of things done wrong. What we can find is politics that we can use.
[57:51.320 --> 57:57.840]  Okay, we are going to go to the top of our break. But what we will find in the county
[57:57.840 --> 58:05.000]  record are documents that were filed improperly and fraudulently. And the county clerks, they
[58:05.000 --> 58:22.800]  are really upset about that. And we'll talk about that when we get back on the other side.
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[01:01:56.920 --> 01:02:02.480]  no to surveillance, and keep your information to yourself. Privacy, it's worth hanging on
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[01:03:49.760 --> 01:04:16.760]  Okay, we're back. We were talking about the clerks when we went out. I've talked a lot
[01:04:16.760 --> 01:04:23.400]  about how you're not going to win your case because you have the law and the facts on
[01:04:23.400 --> 01:04:31.520]  your side. To think so is naive. And you're going to win your case if you have the politics
[01:04:31.520 --> 01:04:41.480]  on your side. So in line with that, what we've been looking for is how do we invoke politics?
[01:04:41.480 --> 01:04:50.440]  And all politics is local. So what local politics do we have that are affecting this particular
[01:04:50.440 --> 01:04:58.900]  area? And the biggest thing right now, it appears, are the county clerks. The county
[01:04:58.900 --> 01:05:08.200]  clerks are not happy campers. They're actually far more knowledgeable about this issue and
[01:05:08.200 --> 01:05:14.640]  upset about this issue than I had expected. I recently talked to the city of Austin, one
[01:05:14.640 --> 01:05:20.740]  of the assistant clerks, and she was saying they went to, they have a number of meetings
[01:05:20.740 --> 01:05:30.400]  all over the state. And right now they're trying to construct some sort of remedy because
[01:05:30.400 --> 01:05:37.000]  this is causing the clerks a tremendous amount of problems. Not only do they have people
[01:05:37.000 --> 01:05:41.760]  coming in complaining to the clerks about the mess in their records, which clerks couldn't
[01:05:41.760 --> 01:05:48.640]  do anything about, but all of these foreclosures are causing a tremendous amount of extra work
[01:05:48.640 --> 01:05:57.180]  for the clerks. So they are not happy. And the clerks have the ear of the local judges.
[01:05:57.180 --> 01:06:07.680]  So what we're looking to do is find something that we can give to the judge so that he can
[01:06:07.680 --> 01:06:15.880]  throw a bone to the county clerk. So we're looking over these documents and we want to
[01:06:15.880 --> 01:06:24.680]  find something in the document that we could go to the judge and say, here's the document,
[01:06:24.680 --> 01:06:35.160]  here's the law, these two don't match. And as an example, in going over these documents,
[01:06:35.160 --> 01:06:43.760]  I've noticed the footer on the page. And the footer on these deeds of trust, I'm finding
[01:06:43.760 --> 01:06:55.520]  normally say Fannie Mae Freddie Mac uniform document number 3044 for Texas. Well, I looked
[01:06:55.520 --> 01:07:00.120]  at that and I said, that's interesting. I don't know that I've ever actually seen the
[01:07:00.120 --> 01:07:10.200]  Fannie Mae Freddie Mac uniform document 3044. So I went to Fannie Mae Freddie Mac's site
[01:07:10.200 --> 01:07:18.240]  and found it, downloaded it. Well on the Fannie Mae Freddie Mac, or I'm sorry, on the deeds
[01:07:18.240 --> 01:07:22.280]  of trust that I find in the court record, especially if you have MERS on the deed of
[01:07:22.280 --> 01:07:35.760]  trust, it starts out with definitions. Definition A defines this document as a security instrument.
[01:07:35.760 --> 01:07:46.880]  On the ones that they're using and the Fannie Mae form. Paragraph B defines the borrower
[01:07:46.880 --> 01:07:57.640]  on both documents. Paragraph C on the deed of trust with MERS defines MERS as a beneficiary
[01:07:57.640 --> 01:08:06.680]  and nominee for the lender. On the Fannie Mae Freddie Mac, it defines the lender. On
[01:08:06.680 --> 01:08:14.800]  the state and the deed of trust they're using in the state, it defined on paragraph D on
[01:08:14.800 --> 01:08:22.200]  the MERS document defines the lender. On the Fannie Mae Freddie Mac document, it defines
[01:08:22.200 --> 01:08:32.840]  the trustee. And then you go down to the section on the transfer. On the Texas document, it
[01:08:32.840 --> 01:08:42.440]  transfers the property to MERS as the beneficiary and trustee for the lender. On the Fannie
[01:08:42.440 --> 01:08:50.800]  Mae Freddie Mac document, it transfers the property to the trustee. Now, without regard
[01:08:50.800 --> 01:08:58.840]  to the issue of the nature of the transfer, you can put this in front of the judge and
[01:08:58.840 --> 01:09:07.780]  say, at closing, this document was placed in front of the borrower by the closing trustee.
[01:09:07.780 --> 01:09:18.260]  The borrower not being a sophisticated purchaser exercised due diligence and only dealt with
[01:09:18.260 --> 01:09:24.760]  licensed professionals. So the borrower had a reasonable expectation of good faith and
[01:09:24.760 --> 01:09:29.880]  fair dealing from his fiduciaries, which the trustee was. So when the trustee put this
[01:09:29.880 --> 01:09:36.840]  document down in front of him and the footer stated that this was a Fannie Mae Freddie
[01:09:36.840 --> 01:09:46.960]  Mac uniform document number 3044, the borrower had no reason to hire a secondary expert to
[01:09:46.960 --> 01:09:54.840]  examine this to see if in fact it was a Fannie Mae Freddie Mac uniform document. He had a
[01:09:54.840 --> 01:10:00.920]  reasonable expectation that what the trustee presented was true and accurate. But as the
[01:10:00.920 --> 01:10:11.060]  court can see, it is not a uniform Fannie Mae Freddie Mac uniform document 3044. It
[01:10:11.060 --> 01:10:22.560]  has material alterations that change the nature of the document and therefore is fraud on
[01:10:22.560 --> 01:10:31.480]  its face. Now that's something a judge can sink his teeth into because this doesn't go
[01:10:31.480 --> 01:10:40.960]  to legal argument or speculation. You can hold up the uniform Fannie Mae Freddie Mac
[01:10:40.960 --> 01:10:46.800]  document next to this document that has the same footer on it, but the documents are materially
[01:10:46.800 --> 01:10:58.020]  different. There's more to the transfer. The document is titled Deed of Trust and the Fannie
[01:10:58.020 --> 01:11:05.120]  Mae Freddie Mac document is in fact a Deed of Trust because it names the grantor, grantee,
[01:11:05.120 --> 01:11:15.160]  beneficiary, and it transfers property to the trustee as the agent for both the grantor
[01:11:15.160 --> 01:11:23.760]  and the grantee or the beneficiary. If you have a Deed of Trust with MERS on it, it is
[01:11:23.760 --> 01:11:31.540]  not a trust at all. It is a grant because it doesn't transfer the property into the
[01:11:31.540 --> 01:11:39.480]  hands of the neutral trustee, transferred it to the lender, gave it to him. That manifests
[01:11:39.480 --> 01:11:47.360]  the grant, not a trust. So they not only materially change the face of the document, they change
[01:11:47.360 --> 01:11:54.480]  the very substance of the document. This is something that will not be hard for a court,
[01:11:54.480 --> 01:11:59.640]  for a judge to adjudicate. And there are a lot of other things like this. You look at
[01:11:59.640 --> 01:12:06.080]  the Deed of Trust and it'll have a lender on it defined in the Deed of Trust. And then
[01:12:06.080 --> 01:12:11.900]  you go to, then it has MERS, the one I was talking about earlier that had releases of
[01:12:11.900 --> 01:12:17.920]  lien in the court record. They did have a transfer in the court record. And MERS was
[01:12:17.920 --> 01:12:23.600]  included in the documentation. So it made the argument about the Deed of Trust being
[01:12:23.600 --> 01:12:31.420]  void on its face. And it had the releases of lien, which we did not argue were void.
[01:12:31.420 --> 01:12:35.760]  We argued those were not void, that those were true and accurate because they were filed
[01:12:35.760 --> 01:12:45.840]  by the original lender and not by MERS, but by the original lender. Then there was a assignment
[01:12:45.840 --> 01:12:56.540]  filed by MERS as nominee. The original lender was, I think, Temple Endlin or something.
[01:12:56.540 --> 01:13:04.440]  And then there was the MERS assignment, MERS as the beneficiary and nominee for countrywide
[01:13:04.440 --> 01:13:16.520]  home loans. I looked at that and said, are you guys out of your minds? How on earth did
[01:13:16.520 --> 01:13:28.960]  you do that? How did you get a countrywide home loans document in a Temple Endlin mortgage?
[01:13:28.960 --> 01:13:36.440]  That is so incredibly stupid. And that's something you can show to a judge. You say, here it
[01:13:36.440 --> 01:13:44.560]  says, here's the lender, grantor, grantee, trustee, and here's MERS claiming to do the
[01:13:44.560 --> 01:13:51.200]  transfer in place of the trustee. But they're acting as the beneficiary for some company
[01:13:51.200 --> 01:13:57.040]  don't have anything to do with this note. These are things you could put in front of
[01:13:57.040 --> 01:14:04.800]  a judge and they can adjudicate. This particular person went to court Tuesday, kicked butt
[01:14:04.800 --> 01:14:12.100]  to MERS. This was after a third party purchased the property and they were moving to evict
[01:14:12.100 --> 01:14:22.740]  the person based on their substitute trustee's deed. And they got in court and neither the
[01:14:22.740 --> 01:14:29.640]  judge or the lawyer from the other side had read the filing that he had made. And that
[01:14:29.640 --> 01:14:38.560]  was absolutely perfect because it left the attorney looking like a real chump. The judge,
[01:14:38.560 --> 01:14:45.000]  this was filed as a plea of abatement and the judge did not rule on it. That was an
[01:14:45.000 --> 01:14:49.120]  incredibly good sign. Generally, they just, no matter what you put in there, they just
[01:14:49.120 --> 01:14:56.480]  blow it off. But the judge looked at this and said, holy mackerel, I rule on this, it
[01:14:56.480 --> 01:15:04.280]  is going to get overturned if you really against him. And I seriously suspect that the lawyer
[01:15:04.280 --> 01:15:14.920]  on the other side, he's going to advise his client to stipulate to the plea of abatement.
[01:15:14.920 --> 01:15:23.920]  Because now he knows if he moves ahead with an attempt to evict the person that he's likely
[01:15:23.920 --> 01:15:30.500]  to be sued because in the documentation we referenced the fact that all of this information
[01:15:30.500 --> 01:15:40.020]  came from the public record. And when the plaintiff purchased the property, they had
[01:15:40.020 --> 01:15:50.760]  imputed knowledge of all this information in the court record. So if you have a mortgage,
[01:15:50.760 --> 01:15:56.080]  go down to the court record, even if you're up to date and tend to stay up to date. If
[01:15:56.080 --> 01:16:05.820]  you have been evicted, lost your property, go look in the court record. Look at it carefully,
[01:16:05.820 --> 01:16:13.480]  read every document, read every word of every document. These things are not near so complex
[01:16:13.480 --> 01:16:19.120]  as they appear. There's a lot of stuff in there and when you read it, you'll recognize
[01:16:19.120 --> 01:16:26.260]  the part that you don't have to waste a lot of time with. But I suggest you read every
[01:16:26.260 --> 01:16:33.840]  word of every document in the court record first and then go back and reread what's important.
[01:16:33.840 --> 01:16:39.440]  You'll be amazed at what you find. Jay, I see you there. We'll pick you up on the other
[01:16:39.440 --> 01:16:46.560]  side. Our phone lines are open. 5-1-2-6-4-6-1984. This is Randy Kelton, Paper, Steve and Teddy
[01:16:46.560 --> 01:17:00.360]  Craig. We'll be right back on the other side.
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[01:19:22.040 --> 01:19:29.040]  Okay, this is Randy Kelp, Deborah Stevens, Eddie Craig. We're on radio. And we're going
[01:19:52.040 --> 01:19:57.040]  to be talking about mortgages tonight, but we're not going to restrict calls to mortgages.
[01:19:57.040 --> 01:20:03.720]  If you have a question or a comment, give us a call. Now we're going to go to Jay in
[01:20:03.720 --> 01:20:08.720]  California. Jay, what do you have for us tonight?
[01:20:08.720 --> 01:20:15.320]  Now that file that the Ninth Circuit to try to stop...
[01:20:15.320 --> 01:20:20.320]  Wait. Hold on. Hold on. Start again. We had a little problem with the mute coming off.
[01:20:20.320 --> 01:20:27.320]  Okay. A while back in April, I called you guys to tell you that I filed the Ninth Circuit.
[01:20:27.320 --> 01:20:32.320]  The Ninth Circuit, I filed a notice of removal. They said that I filed the wrong format.
[01:20:32.320 --> 01:20:42.320]  Stop, stop, stop. You're starting in the middle of something. When you said you called us
[01:20:42.320 --> 01:20:47.320]  guys, are you talking about calling into the show or calling me separate?
[01:20:47.320 --> 01:20:58.320]  No, I called you and Randy and Craig on the phone to tell you guys that I had filed in
[01:20:58.320 --> 01:21:04.320]  federal court because I have a judge that refuses to answer the question of original
[01:21:04.320 --> 01:21:05.320]  jurisdiction.
[01:21:05.320 --> 01:21:10.320]  Okay. What is the nature of the case?
[01:21:10.320 --> 01:21:17.320]  Actually, it was my brother stealing mail to put my mother in a nursing home. But the
[01:21:17.320 --> 01:21:23.040]  subsequent damage that was done by the Office of the Public Guardian was they had an agenda
[01:21:23.040 --> 01:21:29.440]  to put her in a nursing home and take the property. The property was put into foreclosure
[01:21:29.440 --> 01:21:35.800]  and we lost it due to foreclosure over a very small mortgage. The end result of it is that
[01:21:35.800 --> 01:21:41.920]  we were forced out of the property by the judge in this case who set the property price
[01:21:41.920 --> 01:21:47.600]  below a price that was reasonable for sale because I had a sale for the property, which
[01:21:47.600 --> 01:21:54.440]  was like $55,000 more. But the end result of it was that the judge went and set the
[01:21:54.440 --> 01:22:01.600]  property at 175. Within five months after we went through the foreclosure process, how
[01:22:01.600 --> 01:22:07.000]  the state benefited is because the property tax ratio went up. Within five months, the
[01:22:07.000 --> 01:22:13.040]  house was well maintained. The house sold for $355,000 on the open market. So the state
[01:22:13.040 --> 01:22:17.880]  of New Jersey ended up making a racket out of the fact of taking my mother through a
[01:22:17.880 --> 01:22:20.000]  piece of stolen mail.
[01:22:20.000 --> 01:22:28.000]  Wait a minute, wait a minute, wait a minute. What is the issue here? You've gone off from
[01:22:28.000 --> 01:22:32.680]  it. We were talking about it in the Ninth Circuit. I was trying to get you framed, but
[01:22:32.680 --> 01:22:36.920]  I don't want to spend the whole segment on all of the details.
[01:22:36.920 --> 01:22:42.520]  Right. I'm not trying to. I'm trying to shorten it as much as possible. But the issue is the
[01:22:42.520 --> 01:22:47.840]  stolen mail that my brother took to start this conspiracy to cost us to lose a house
[01:22:47.840 --> 01:22:54.460]  that was in a trust that my father left for the beneficiaries, as you were talking about.
[01:22:54.460 --> 01:23:02.800]  My home of record was lost, Randy. Okay, I got that. Okay. I got that this is a problem,
[01:23:02.800 --> 01:23:11.300]  that this is very emotional for you. Let's go to your brother's stolen mail. Okay. Who
[01:23:11.300 --> 01:23:15.480]  was the mail addressed to?
[01:23:15.480 --> 01:23:19.240]  Our mother.
[01:23:19.240 --> 01:23:23.800]  Who was the, was there a guardian at Lydum?
[01:23:23.800 --> 01:23:29.320]  No, but she had given me power of attorney for the mail.
[01:23:29.320 --> 01:23:35.280]  Was your brother in a position to where it would be reasonable for him to pick up mail
[01:23:35.280 --> 01:23:38.320]  that came to the property?
[01:23:38.320 --> 01:23:44.760]  Yes, it was.
[01:23:44.760 --> 01:23:49.080]  What evidence do you have that he stole this mail?
[01:23:49.080 --> 01:23:56.280]  Well, he says by his admission to the court that he managed to obtain my mother's checking
[01:23:56.280 --> 01:24:05.120]  account document. That's in his initial complaint. The court would, here's my complaint with
[01:24:05.120 --> 01:24:12.520]  the court, and this is where I go to jurisdiction. My complaint to the court is that he did not
[01:24:12.520 --> 01:24:18.240]  have authority, police power, to take a piece of mail not addressed to him because of the
[01:24:18.240 --> 01:24:24.760]  federal offense. I don't care if it is your mother. The end result of it is is that the
[01:24:24.760 --> 01:24:26.760]  mail was under my jurisdiction.
[01:24:26.760 --> 01:24:34.240]  Did, hold on, did he admit that he took mail addressed to your mother and opened it?
[01:24:34.240 --> 01:24:42.840]  In his initial pleading to the court to put mother under guardianship and to, in my helping
[01:24:42.840 --> 01:24:49.960]  to take care of mother, he said that he managed to obtain this copy of my mother's checking
[01:24:49.960 --> 01:24:51.280]  account statement.
[01:24:51.280 --> 01:24:59.260]  Okay, that's not necessarily, you know, are there any other ways he may possibly have
[01:24:59.260 --> 01:25:08.280]  obtained a copy of a statement? Did he have open access to your mother's house?
[01:25:08.280 --> 01:25:13.920]  Yes, he did, because we gave him a key.
[01:25:13.920 --> 01:25:20.200]  Okay, so is there anyone who could have legally opened that mail?
[01:25:20.200 --> 01:25:21.200]  Me.
[01:25:21.200 --> 01:25:26.800]  Okay, and you weren't at the premises.
[01:25:26.800 --> 01:25:30.520]  I was not at the premises, but that was what is.
[01:25:30.520 --> 01:25:33.880]  Did anyone else have a key to the premises?
[01:25:33.880 --> 01:25:35.160]  No.
[01:25:35.160 --> 01:25:46.520]  So, if the mail was delivered to the premise, was this mail that would have been dated at
[01:25:46.520 --> 01:25:51.120]  a time when your mother was not present to receive the mail herself?
[01:25:51.120 --> 01:25:56.760]  Yes, because I was with mother when it was taken.
[01:25:56.760 --> 01:26:03.640]  So this seems pretty definitive. Have you made up a affidavit to these facts?
[01:26:03.640 --> 01:26:12.440]  I have. I even filed a police report over the stolen mail, and the judge continues to
[01:26:12.440 --> 01:26:14.120]  ignore what I'm saying.
[01:26:14.120 --> 01:26:20.520]  Okay, police report is meaningless. You need to file with this judge a verified criminal
[01:26:20.520 --> 01:26:28.560]  affidavit. File it into the court. You should, I would suggest that you prepare a statement
[01:26:28.560 --> 01:26:38.240]  of fact, attach a verified criminal affidavit, file it into the record as exhibits for a
[01:26:38.240 --> 01:26:47.760]  motion to disqualify your brother as a witness, or some such other purpose not directly related
[01:26:47.760 --> 01:26:51.080]  to criminal.
[01:26:51.080 --> 01:26:53.040]  This is kind of bushwhack.
[01:26:53.040 --> 01:26:54.040]  Okay.
[01:26:54.040 --> 01:27:02.600]  And the way it's bushwhack is, is that the judge is a judge until somebody puts in his
[01:27:02.600 --> 01:27:09.840]  hand a verified criminal affidavit, at which point he stops being a judge and becomes a
[01:27:09.840 --> 01:27:17.320]  magistrate. He has a duty to take off that judge's hat and put on that magistrate's
[01:27:17.320 --> 01:27:26.600]  hat. Now if you put in his hand verified criminal affidavits, and he ignores them, or he fails
[01:27:26.600 --> 01:27:31.920]  to take off his judge's hat and put on his magistrate's hat, you call that misfeasance
[01:27:31.920 --> 01:27:34.980]  in office.
[01:27:34.980 --> 01:27:41.320]  File against the judge for misfeasance in office in denying you in your right to the
[01:27:41.320 --> 01:27:48.080]  equal protection of the laws, and then ask the judge to disqualify himself.
[01:27:48.080 --> 01:27:51.080]  Okay.
[01:27:51.080 --> 01:27:56.480]  That'll get their attention. We see how they handle that. I don't think they're used
[01:27:56.480 --> 01:27:58.360]  to that kind of procedure.
[01:27:58.360 --> 01:28:06.120]  Okay. So I want to, now tomorrow I have to appear before him in the morning. Now the
[01:28:06.120 --> 01:28:12.920]  thing is, Randy, out of all of this, the damages are like this. Because of the loss of my home,
[01:28:12.920 --> 01:28:17.600]  in the end twilight of my mother's years, I was not able to visit with my mother. I
[01:28:17.600 --> 01:28:20.640]  didn't see her the last four and a half years of her life.
[01:28:20.640 --> 01:28:27.320]  Okay. Okay. Wait, wait, wait. That doesn't have anything to do with the male issue.
[01:28:27.320 --> 01:28:34.500]  No, no, I know. I know. But I'm just saying it's a part of what I'm dealing with because
[01:28:34.500 --> 01:28:37.360]  I'm still grieving because she died in January.
[01:28:37.360 --> 01:28:44.640]  Okay. I'm doing this for a reason and I'm not insensitive. A lot of times we get in
[01:28:44.640 --> 01:28:52.040]  these fights and we have a purpose when we get in the fights and then a bad thing happens
[01:28:52.040 --> 01:28:58.500]  and another bad thing happens and we start building up anger and frustration. And at
[01:28:58.500 --> 01:29:05.720]  some point, if we're not real careful, we lose sight of where we were going and it all
[01:29:05.720 --> 01:29:14.640]  comes about the fight. What is your intended outcome here?
[01:29:14.640 --> 01:29:26.400]  My intended outcome is to be, is to be re-compensated for the loss of my home because of the fraud.
[01:29:26.400 --> 01:29:29.880]  Okay. Good. Good. That is.
[01:29:29.880 --> 01:29:34.160]  They say that I won't come back to New Jersey, but they failed to recognize the harm that
[01:29:34.160 --> 01:29:36.360]  they brought to me in the first place.
[01:29:36.360 --> 01:29:42.800]  Yeah. Okay. Okay. Hold on. This is Randy Kelton, Deborah Stevens, Eddie Craig, Wheels Law Radio.
[01:29:42.800 --> 01:30:00.120]  Our call-in number is 646, I'm sorry, 512-646-1984. We'll be right back on the other side.
[01:30:00.120 --> 01:30:05.500]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[01:30:05.500 --> 01:30:10.920]  The government says that fire brought it down. However, 1,500 architects and engineers concluded
[01:30:10.920 --> 01:30:12.560]  it was a controlled demolition.
[01:30:12.560 --> 01:30:15.200]  Over 6,000 of my fellow service members have given their lives.
[01:30:15.200 --> 01:30:18.000]  But thousands of my fellow first responders are dying.
[01:30:18.000 --> 01:30:19.440]  I'm not a conspiracy theorist.
[01:30:19.440 --> 01:30:20.440]  I'm a structural engineer.
[01:30:20.440 --> 01:30:21.840]  I'm a New York City correction officer.
[01:30:21.840 --> 01:30:22.840]  I'm an Air Force pilot.
[01:30:22.840 --> 01:30:24.440]  I'm a father who lost his son.
[01:30:24.440 --> 01:30:27.120]  We're Americans and we deserve the truth.
[01:30:27.120 --> 01:30:29.640]  Go to rememberbuilding7.org today.
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[01:30:35.340 --> 01:30:39.760]  by our own Eddie Craig. Eddie is a former Nacogdoches serif's deputy and for the past
[01:30:39.760 --> 01:30:43.880]  21 years he's been studying the due process of law and now offers his knowledge to you
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[01:30:50.600 --> 01:30:55.440]  Admission is $20, so please make plans to come by and sit with Eddie and learn for yourself
[01:30:55.440 --> 01:31:00.240]  what the true intent of law really is.
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[01:31:59.160 --> 01:32:07.560]  You are listening to the Logos Radio Network, logosradionetwork.com.
[01:32:07.560 --> 01:32:35.800]  Yeah, who you want to chip, will you take me for free tully?
[01:32:35.800 --> 01:32:45.480]  Okay, we're back, I'm Randy Kelton, Jimmy Stevens, Eddie Craig, Rule My Radio, and we're
[01:32:45.480 --> 01:32:49.840]  talking to Jay in California.
[01:32:49.840 --> 01:32:55.520]  Okay Jay, your purpose is to get your home back.
[01:32:55.520 --> 01:32:56.840]  Hopefully.
[01:32:56.840 --> 01:32:58.040]  Okay.
[01:32:58.040 --> 01:33:03.120]  You were, you said you were foreclosed on for a relatively small amount.
[01:33:03.120 --> 01:33:04.880]  Yes.
[01:33:04.880 --> 01:33:11.200]  But it was that the mortgage was in mother's name, and when the office of the public guardian
[01:33:11.200 --> 01:33:16.600]  took over, their mission was to put mother in the hospital and to a nursing home within
[01:33:16.600 --> 01:33:19.120]  24 days.
[01:33:19.120 --> 01:33:20.480]  They had an agenda.
[01:33:20.480 --> 01:33:24.640]  Okay, hold on, hold on, how do you know they had the agenda?
[01:33:24.640 --> 01:33:29.160]  Because my brother had threatened my mother that that's what he wanted to do with her,
[01:33:29.160 --> 01:33:31.680]  to put her into the nursing home.
[01:33:31.680 --> 01:33:38.400]  But how does that, what does that have to do with the guardian?
[01:33:38.400 --> 01:33:45.720]  Well he ended up, when I was trying to get mother advanced help for her Parkinson's that
[01:33:45.720 --> 01:33:51.480]  she was diagnosed with in the early onsets of Alzheimer's, she wanted to seek better
[01:33:51.480 --> 01:33:52.480]  treatment.
[01:33:52.480 --> 01:33:59.080]  So we started looking outside of the state too, and we got accepted into a medical program
[01:33:59.080 --> 01:34:00.400]  in another state.
[01:34:00.400 --> 01:34:04.880]  The bottom line is my brother felt like I was going to run away with her.
[01:34:04.880 --> 01:34:09.600]  He thought I was going to be into granny fasting, but we were never to leave New Jersey for
[01:34:09.600 --> 01:34:16.480]  long periods of time just for the winter because her doctor had recommended that she stay active
[01:34:16.480 --> 01:34:17.480]  every day.
[01:34:17.480 --> 01:34:18.480]  Okay, wait, wait, wait.
[01:34:18.480 --> 01:34:23.000]  You're going into a whole lot of detail that doesn't go to the issue.
[01:34:23.000 --> 01:34:27.760]  I'm trying to, but what I'm trying to tell you is what my plan was to keep mother in
[01:34:27.760 --> 01:34:28.760]  our home.
[01:34:28.760 --> 01:34:30.600]  We were never supposed to lose.
[01:34:30.600 --> 01:34:32.160]  Wait a minute.
[01:34:32.160 --> 01:34:41.200]  If you're going to effectively adjudicate your issue, you have to set aside your anger.
[01:34:41.200 --> 01:34:46.640]  Your anger keeps leading you to details that don't go to the issue.
[01:34:46.640 --> 01:34:51.880]  And if you file documents in court this way, the court's going to pick that up and you're
[01:34:51.880 --> 01:34:55.200]  going to lose all your credibility.
[01:34:55.200 --> 01:35:01.480]  You need someone other than you to rip your documents to shreds for you.
[01:35:01.480 --> 01:35:05.640]  I have people that do that for me.
[01:35:05.640 --> 01:35:10.600]  Some of them, like Eddie, are a little more aggressive than I prefer, but I take what
[01:35:10.600 --> 01:35:12.600]  I can get.
[01:35:12.600 --> 01:35:20.160]  But you need somebody, that's what I was talking about earlier, too much anger, too
[01:35:20.160 --> 01:35:30.800]  much hurt, too much emotion that you leave the facts and go to the emotional issues.
[01:35:30.800 --> 01:35:38.880]  We were talking about how the guardian, how you know that the guardian had an agenda because
[01:35:38.880 --> 01:35:43.520]  your brother had an agenda.
[01:35:43.520 --> 01:35:54.760]  I did a FOIA request early in 2007, and the day after the guardian was appointed, the
[01:35:54.760 --> 01:36:03.840]  notes in the guardian's documentation point to a 45-minute phone call with my sister-in-law.
[01:36:03.840 --> 01:36:09.320]  And my sister-in-law is one of the people behind the whole conspiracy in the first place.
[01:36:09.320 --> 01:36:10.320]  Okay.
[01:36:10.320 --> 01:36:11.320]  Okay.
[01:36:11.320 --> 01:36:12.320]  What did it say?
[01:36:12.320 --> 01:36:17.800]  How did that establish the guardian's position?
[01:36:17.800 --> 01:36:22.920]  Because my brother's agenda was to put Mother in a nursing home.
[01:36:22.920 --> 01:36:31.440]  How did that establish the guardian's agenda, not your brother's agenda?
[01:36:31.440 --> 01:36:34.020]  We had a...
[01:36:34.020 --> 01:36:43.400]  During the time that this was going on, we had a trip planned for Mother with her church.
[01:36:43.400 --> 01:36:50.720]  And what they ended up doing in the 24 days before this trip, they ended up upsetting
[01:36:50.720 --> 01:36:51.720]  Mother.
[01:36:51.720 --> 01:36:52.720]  The neighbors were...
[01:36:52.720 --> 01:36:53.720]  Hold it.
[01:36:53.720 --> 01:36:54.720]  Hold it.
[01:36:54.720 --> 01:36:55.720]  They?
[01:36:55.720 --> 01:36:57.160]  Big office of the public guardian.
[01:36:57.160 --> 01:37:00.240]  How did they upset her?
[01:37:00.240 --> 01:37:06.320]  The aide that was with her, she would tell the aide, please call my son, and she would
[01:37:06.320 --> 01:37:13.320]  give her the phone, and then she wouldn't call, and Mother would become extremely agitated
[01:37:13.320 --> 01:37:21.420]  because she was left alone without me because they wouldn't let her come west with me
[01:37:21.420 --> 01:37:22.420]  to work.
[01:37:22.420 --> 01:37:26.880]  But the end result of it was they kept her there, and they said they were going to keep
[01:37:26.880 --> 01:37:28.720]  her in her house.
[01:37:28.720 --> 01:37:34.360]  But when she got to the point that they were not listening to her, she would get agitated.
[01:37:34.360 --> 01:37:35.760]  So they ended up...
[01:37:35.760 --> 01:37:39.000]  Okay, hold on, hold on.
[01:37:39.000 --> 01:37:44.720]  What was the guardian's position on this?
[01:37:44.720 --> 01:37:49.160]  They put her into the hospital on the 24th on this trip.
[01:37:49.160 --> 01:37:50.160]  No, no.
[01:37:50.160 --> 01:37:52.760]  I'm not asking you to tell me all the bad things that the...
[01:37:52.760 --> 01:37:53.760]  No, I'm not.
[01:37:53.760 --> 01:37:54.760]  I'm not.
[01:37:54.760 --> 01:37:55.760]  They did.
[01:37:55.760 --> 01:37:58.920]  What was the stated position?
[01:37:58.920 --> 01:38:03.400]  They said that they were putting her in the hospital for a minute, and then she would
[01:38:03.400 --> 01:38:07.080]  go to rehabilitation.
[01:38:07.080 --> 01:38:10.940]  Why were they putting her in the hospital?
[01:38:10.940 --> 01:38:13.560]  They never told me.
[01:38:13.560 --> 01:38:15.600]  Okay.
[01:38:15.600 --> 01:38:19.480]  But she ended up with a laceration on her face.
[01:38:19.480 --> 01:38:20.800]  Okay.
[01:38:20.800 --> 01:38:22.280]  Separate issue again.
[01:38:22.280 --> 01:38:23.280]  Right.
[01:38:23.280 --> 01:38:29.560]  Yeah, this would go back, and you could say they were indirectly responsible for the laceration.
[01:38:29.560 --> 01:38:38.600]  But in order to be able to put something together, we have to be able to separate the issues.
[01:38:38.600 --> 01:38:45.000]  Well, Randy, what I have been focusing on as the main issue has been the jurisdiction
[01:38:45.000 --> 01:38:51.200]  in the court using a piece of mail that he was not entitled to use.
[01:38:51.200 --> 01:38:54.480]  The power of attorney that my mother had given me.
[01:38:54.480 --> 01:38:55.480]  Okay.
[01:38:55.480 --> 01:38:56.480]  Good.
[01:38:56.480 --> 01:38:57.480]  That's a good issue.
[01:38:57.480 --> 01:39:03.320]  Let's go back to that issue.
[01:39:03.320 --> 01:39:12.000]  Was there any indication that the documents were...
[01:39:12.000 --> 01:39:16.240]  Were these documents presented to the court by your brother?
[01:39:16.240 --> 01:39:18.600]  Yes, they were.
[01:39:18.600 --> 01:39:25.480]  Was there any indication that the documents had been altered or were not what they were
[01:39:25.480 --> 01:39:28.440]  purported to be?
[01:39:28.440 --> 01:39:31.840]  Yes.
[01:39:31.840 --> 01:39:37.680]  When I tried to write the court and tell them I had a lawyer at the time, the lawyer seemed
[01:39:37.680 --> 01:39:42.600]  to think that we had no standing to put this issue.
[01:39:42.600 --> 01:39:43.600]  Okay.
[01:39:43.600 --> 01:39:51.560]  What evidence did you have that the documents your brother presented were altered?
[01:39:51.560 --> 01:40:00.760]  Just the very fact of the matter is that I had been denied delivery of those documents
[01:40:00.760 --> 01:40:03.640]  from the United States mail.
[01:40:03.640 --> 01:40:06.640]  That's irrelevant, actually.
[01:40:06.640 --> 01:40:17.340]  Your brother may be guilty of some criminal act, but if your brother is not a public official
[01:40:17.340 --> 01:40:22.880]  and he brought these documents to the court, the court can see them.
[01:40:22.880 --> 01:40:30.400]  Now, if it was a public official who secured them illegally, the court couldn't see them.
[01:40:30.400 --> 01:40:38.200]  Well, my question is due diligence here, because in the whole argument, I have demonstrated
[01:40:38.200 --> 01:40:43.800]  to the court in my absence undue influence that he used on my mother.
[01:40:43.800 --> 01:40:45.800]  Separate issue.
[01:40:45.800 --> 01:40:48.000]  Separate issue.
[01:40:48.000 --> 01:40:49.000]  Go back.
[01:40:49.000 --> 01:40:50.800]  We can't do this.
[01:40:50.800 --> 01:40:57.860]  You can't say, because I'm weak here, go in and bring all kinds of poop and dump it in
[01:40:57.860 --> 01:41:03.000]  the middle of the floor, and they won't see that my issue is weak because I got a bunch
[01:41:03.000 --> 01:41:04.920]  of poop piled on it.
[01:41:04.920 --> 01:41:07.240]  I got you.
[01:41:07.240 --> 01:41:09.640]  We have to be careful.
[01:41:09.640 --> 01:41:13.220]  He can present these documents.
[01:41:13.220 --> 01:41:22.020]  If the court could have secured these documents by subpoena from the bank, then there's no
[01:41:22.020 --> 01:41:29.280]  reason for the court not to allow these documents in because they weren't secured illegally
[01:41:29.280 --> 01:41:31.320]  by a public official.
[01:41:31.320 --> 01:41:39.720]  Public officials are forbidden from securing evidence illegally, but private citizens aren't.
[01:41:39.720 --> 01:41:47.440]  Now, he is forbidden from opening somebody else's mail, maybe, and I'm not sure about
[01:41:47.440 --> 01:41:48.440]  this issue.
[01:41:48.440 --> 01:42:00.840]  If he had a key to the house and his mother was not there and she was receiving mail,
[01:42:00.840 --> 01:42:09.040]  and he did not open the mail for the purpose of gaining information he would not otherwise
[01:42:09.040 --> 01:42:17.480]  have reasonable access to, or for some other illegal purpose, I don't think you're going
[01:42:17.480 --> 01:42:18.880]  to get any traction.
[01:42:18.880 --> 01:42:25.960]  You're going to have to show that he intended an illegal purpose, and to say that he opened
[01:42:25.960 --> 01:42:31.120]  mail so that he could present it to the court, he won't get any traction on that.
[01:42:31.120 --> 01:42:33.960]  Well, no, he presented it to the court.
[01:42:33.960 --> 01:42:42.240]  What I'm looking at is that it's a separate issue, but he did this to bring undue harm.
[01:42:42.240 --> 01:42:48.460]  He wanted the property that mother and I were in, but he did not get that.
[01:42:48.460 --> 01:42:50.840]  He asked for it, but he did not get that.
[01:42:50.840 --> 01:42:57.760]  Okay, that's a separate issue as to the mail fraud.
[01:42:57.760 --> 01:43:06.760]  As far as I understand the statute, there's nowhere that it forbids someone from opening
[01:43:06.760 --> 01:43:09.280]  mail.
[01:43:09.280 --> 01:43:14.520]  It permits someone for interfering with the mail.
[01:43:14.520 --> 01:43:22.480]  Now, if you opened my mail, that would be considered interfering with it, but if I opened
[01:43:22.480 --> 01:43:29.360]  my mother's mail and had no intention of secreting that mail from her, but she wasn't available
[01:43:29.360 --> 01:43:37.120]  to open it herself, there's nowhere you can get the court to permit you to get it.
[01:43:37.120 --> 01:43:39.840]  We're not going to get a court to call that criminal.
[01:43:39.840 --> 01:43:40.840]  Okay, hang on.
[01:43:40.840 --> 01:43:45.560]  This is Randy Kelton, Deborah Stevens, Eddie Craig, Ruth La Radio, our call-in number is
[01:43:45.560 --> 01:43:46.560]  512-646-1984.
[01:43:46.560 --> 01:44:00.280]  We'll be right back.
[01:44:00.280 --> 01:44:05.240]  It is so enlightening to listen to 90.1 FM, but finding things on the internet isn't so
[01:44:05.240 --> 01:44:08.920]  easy and neither is finding like-minded people to share it with.
[01:44:08.920 --> 01:44:11.840]  Oh, well I guess you haven't heard of Brave New Books then.
[01:44:11.840 --> 01:44:13.040]  Brave New Books?
[01:44:13.040 --> 01:44:17.680]  Yes, Brave New Books has all the books and DVDs you're looking for by authors like Alex
[01:44:17.680 --> 01:44:20.240]  Jones, Ron Paul, and G. Edward Griffin.
[01:44:20.240 --> 01:44:24.320]  They even stock inner food, Berkey products, and Calvin soaps.
[01:44:24.320 --> 01:44:26.560]  There's no way a place like that exists.
[01:44:26.560 --> 01:44:28.040]  Go check it out for yourself.
[01:44:28.040 --> 01:44:32.400]  It's downtown at 1904 Guadalupe Street, just south of UT.
[01:44:32.400 --> 01:44:35.640]  There's never anywhere to park down there.
[01:44:35.640 --> 01:44:41.040]  Actually, they now offer a free hour of parking for paying customers at the 500 MLK Parking
[01:44:41.040 --> 01:44:44.040]  Facility, just behind the bookstore.
[01:44:44.040 --> 01:44:47.000]  It does exist, but when are they open?
[01:44:47.000 --> 01:44:51.800]  Monday through Saturday, 11 AM to 9 PM and 1 to 6 PM on Sundays.
[01:44:51.800 --> 01:45:00.920]  So give them a call at 512-480-2503 or check out their events page at bravenewbookstore.com.
[01:45:00.920 --> 01:45:04.040]  Are you the plaintiff or defendant in a lawsuit?
[01:45:04.040 --> 01:45:10.720]  Win your case without an attorney with Jurisdictionary, the affordable, easy to understand, 4-CD course
[01:45:10.720 --> 01:45:14.520]  that will show you how in 24 hours, step-by-step.
[01:45:14.520 --> 01:45:18.520]  If you have a lawyer, know what your lawyer should be doing.
[01:45:18.520 --> 01:45:22.880]  If you don't have a lawyer, know what you should do for yourself.
[01:45:22.880 --> 01:45:28.160]  Thousands have won with our step-by-step course and now you can too.
[01:45:28.160 --> 01:45:34.280]  Jurisdictionary was created by a licensed attorney with 22 years of case winning experience.
[01:45:34.280 --> 01:45:39.040]  Even if you're not in a lawsuit, you can learn what everyone should understand about the
[01:45:39.040 --> 01:45:43.280]  principles and practices that control our American courts.
[01:45:43.280 --> 01:45:49.520]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases,
[01:45:49.520 --> 01:45:52.120]  pro se tactics and much more.
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[01:46:22.120 --> 01:46:52.040]  Okay, we're back, Randy Kelp, Paper Steep, City Creek, we're on the radio.
[01:46:52.040 --> 01:46:56.080]  We're talking to Jay in California.
[01:46:56.080 --> 01:47:01.960]  Call lines are open, 512-646-1904.
[01:47:01.960 --> 01:47:06.120]  This is our last segment, so the last chance.
[01:47:06.120 --> 01:47:14.280]  Okay, Jay, I know I may sound like I'm being a bit difficult, but what am I doing?
[01:47:14.280 --> 01:47:15.280]  I get it.
[01:47:15.280 --> 01:47:16.280]  I get it.
[01:47:16.280 --> 01:47:19.560]  But see, what I'm facing tomorrow is that the state is going to close out.
[01:47:19.560 --> 01:47:25.400]  My mother's the state and they're going to give the state office of the public guardian
[01:47:25.400 --> 01:47:33.840]  a $25,000 commission for the administration of the state.
[01:47:33.840 --> 01:47:39.740]  And they had a fiduciary duty to be honest with me and they were not.
[01:47:39.740 --> 01:47:42.360]  How were they dishonest?
[01:47:42.360 --> 01:47:47.800]  How about I found out that my mother's funeral arrangements were made three years prior.
[01:47:47.800 --> 01:47:50.160]  They never told me that they were supposed to do that.
[01:47:50.160 --> 01:47:55.160]  They were under a court order to provide me with monthly reports, which they never did
[01:47:55.160 --> 01:47:56.640]  in a timely fashion.
[01:47:56.640 --> 01:48:01.120]  Okay, that's a separate litigation.
[01:48:01.120 --> 01:48:02.280]  That's a separate suit.
[01:48:02.280 --> 01:48:04.480]  That's a separate tort action.
[01:48:04.480 --> 01:48:10.800]  Well, yes, but see, the thing is, is now the office of the public guardian is trying to
[01:48:10.800 --> 01:48:12.840]  close out her estate.
[01:48:12.840 --> 01:48:13.840]  That's okay.
[01:48:13.840 --> 01:48:21.920]  This wouldn't, anything they get would come from them, not the estate.
[01:48:21.920 --> 01:48:28.420]  If they get $25,000 or whatever from the estate, you sue them, they would still have their
[01:48:28.420 --> 01:48:33.560]  right to pay for their services.
[01:48:33.560 --> 01:48:38.920]  But if they've harmed you, then you go right after them and get it all back.
[01:48:38.920 --> 01:48:45.560]  Jay, we've kind of exhausted this subject and I have two more callers.
[01:48:45.560 --> 01:48:46.920]  I wouldn't like to move along.
[01:48:46.920 --> 01:48:47.920]  Thank you.
[01:48:47.920 --> 01:48:53.560]  I'm so sorry that I wasn't able to see this beforehand because it really feels like it
[01:48:53.560 --> 01:48:58.480]  hurts because it feels like, you know, it's a violation of the fourth and fifth amendment.
[01:48:58.480 --> 01:49:00.120]  Well, call in tomorrow.
[01:49:00.120 --> 01:49:01.120]  We'll have a four hour show.
[01:49:01.120 --> 01:49:02.920]  We'll have more time.
[01:49:02.920 --> 01:49:09.640]  And I really want to talk about how to carefully frame your issues so you don't mix them together
[01:49:09.640 --> 01:49:11.040]  and dilute them.
[01:49:11.040 --> 01:49:12.040]  Okay.
[01:49:12.040 --> 01:49:17.320]  We're going to go to Steve in Texas.
[01:49:17.320 --> 01:49:18.320]  Hmm.
[01:49:18.320 --> 01:49:19.320]  Steven?
[01:49:19.320 --> 01:49:22.320]  Are you there, Steve?
[01:49:22.320 --> 01:49:26.800]  Can you hear me now?
[01:49:26.800 --> 01:49:27.800]  Gotcha.
[01:49:27.800 --> 01:49:28.800]  Okay.
[01:49:28.800 --> 01:49:29.800]  Gotcha.
[01:49:29.800 --> 01:49:38.040]  I have a little mute and unmute button here and I think Deborah and Eddie and I are playing
[01:49:38.040 --> 01:49:43.920]  doodling mute buttons because it's kind of a delay, so everybody's hitting the mute.
[01:49:43.920 --> 01:49:45.480]  Anyway, go ahead.
[01:49:45.480 --> 01:49:52.360]  Well, I've got a little question in regard to, I was going to go over some things on
[01:49:52.360 --> 01:49:57.480]  the, my wife and I had got into some timeshares years back and when we were a little younger
[01:49:57.480 --> 01:50:04.640]  and stupider, right, if that's a word, that's actually not a word, it's a state of mind.
[01:50:04.640 --> 01:50:06.760]  It's probably a word in Healdsboro.
[01:50:06.760 --> 01:50:08.480]  There you go.
[01:50:08.480 --> 01:50:14.000]  So as I've been looking into how exactly to crack that nut, the things that we got into
[01:50:14.000 --> 01:50:19.360]  when we were, anyways, the rate I looked at when I was going to scan those in and send
[01:50:19.360 --> 01:50:24.960]  them to you the other day was of course astronomical when they've got you in a corner and go, oh,
[01:50:24.960 --> 01:50:26.120]  we can give you a loan for that.
[01:50:26.120 --> 01:50:28.480]  It was at 16.99%.
[01:50:28.480 --> 01:50:34.160]  I happened to stumble upon that interesting little thing in the state of Texas Constitution
[01:50:34.160 --> 01:50:40.640]  in the back article 16, about usury.
[01:50:40.640 --> 01:50:45.480]  Anything over 10% shall be deemed usury.
[01:50:45.480 --> 01:50:49.280]  Can you point me in the right direction if that's ever codified anywhere, if that even
[01:50:49.280 --> 01:50:50.280]  matters?
[01:50:50.280 --> 01:50:56.920]  I mean, if the Constitution's the supreme law of the state of Texas, it shouldn't matter
[01:50:56.920 --> 01:51:00.840]  if it's codified.
[01:51:00.840 --> 01:51:06.040]  I haven't seen, you know, we've had issues of usury brought up and there's a lot of case
[01:51:06.040 --> 01:51:11.800]  law in usury, but I have not seen a usury statute.
[01:51:11.800 --> 01:51:16.760]  But that doesn't mean there isn't one, it's just one of the things I haven't looked at.
[01:51:16.760 --> 01:51:23.360]  I was moving in that direction in addressing the false fees in these mortgage issues.
[01:51:23.360 --> 01:51:32.840]  But we went to what came first was agency capacity and standing.
[01:51:32.840 --> 01:51:39.400]  And nobody's ever got past that, so we haven't got to the usury issue.
[01:51:39.400 --> 01:51:45.600]  Usury is a cause of action, whether or not it's a crime, and there are usury statutes
[01:51:45.600 --> 01:51:50.940]  in most every state, so Texas almost certainly has one.
[01:51:50.940 --> 01:51:59.040]  And I could probably, even while we're talking here, just go on and do a quick search for
[01:51:59.040 --> 01:52:03.280]  Texas usury statute, we'll probably find something.
[01:52:03.280 --> 01:52:09.280]  Well, the thing is, is that particular article of the Texas Constitution, Section 11 says
[01:52:09.280 --> 01:52:13.880]  usury rate of interest in absence of legislation.
[01:52:13.880 --> 01:52:19.040]  If there is legislation setting a particular rate of interest, then that will be the legal
[01:52:19.040 --> 01:52:20.040]  rate of interest.
[01:52:20.040 --> 01:52:21.040]  Okay.
[01:52:21.040 --> 01:52:25.640]  Oh, well, that would be, yeah, this is a private contract though.
[01:52:25.640 --> 01:52:28.640]  It would be?
[01:52:28.640 --> 01:52:33.640]  The private contract would still be limited by the state law on what constitutes usury.
[01:52:33.640 --> 01:52:41.040]  Yeah, but the state law would have to designate an amount as usury.
[01:52:41.040 --> 01:52:49.040]  I'm looking here at Texas, the status of Texas usury law in 2006.
[01:52:49.040 --> 01:52:57.080]  I just did an article, 16, Section 2, Texas Constitution, rate of 10% per atom, the finance
[01:52:57.080 --> 01:53:07.600]  code, Title IV, Subtitle A addresses this, Subchapter A, Chapter 103, let me go down
[01:53:07.600 --> 01:53:10.880]  and have a look at that, maybe we can.
[01:53:10.880 --> 01:53:20.120]  And the reason I bring up is because of the way it read to me was, regardless, the semicolons
[01:53:20.120 --> 01:53:27.000]  in the Texas Constitution tell me that it says, regardless of that, usury shall be at
[01:53:27.000 --> 01:53:28.000]  10%.
[01:53:28.000 --> 01:53:30.800]  I didn't understand, but I see Eddie's point.
[01:53:30.800 --> 01:53:36.680]  I see the point if it, I need to look at it more.
[01:53:36.680 --> 01:53:40.000]  Maybe I'm getting over anxious, like you say, you need to read through things a couple of
[01:53:40.000 --> 01:53:41.000]  times.
[01:53:41.000 --> 01:53:42.000]  Yeah.
[01:53:42.000 --> 01:53:48.040]  I'm looking at this, just do a search on an IU start page.
[01:53:48.040 --> 01:53:49.040]  Yes, sir.
[01:53:49.040 --> 01:53:52.880]  Well, usury only appears three times in all the Texas codes.
[01:53:52.880 --> 01:54:00.360]  It appears once in the finance code, dealing with, let's see, it's Section 347.110, use
[01:54:00.360 --> 01:54:04.720]  of optional sealing, and the other is in the insurance code.
[01:54:04.720 --> 01:54:07.380]  It appears twice in the insurance code.
[01:54:07.380 --> 01:54:14.120]  There doesn't appear to be anything codified in relation to loans or interest bearing instruments.
[01:54:14.120 --> 01:54:15.120]  Okay.
[01:54:15.120 --> 01:54:24.200]  It may not use the term usury, but anything above that's beyond the maximum sealing for
[01:54:24.200 --> 01:54:31.420]  any type of loan would go to usury, whether they call it usury or not.
[01:54:31.420 --> 01:54:35.920]  I'm looking at Texas, yeah, okay, I'm looking here at the finance code.
[01:54:35.920 --> 01:54:44.160]  This is Section 301 of the finance code, but it takes too long to do this on the air, but
[01:54:44.160 --> 01:54:51.680]  I'm sure there's code that addresses that particular issue.
[01:54:51.680 --> 01:54:57.600]  So you might have a good look at it and then call us in tomorrow and tell us what you find.
[01:54:57.600 --> 01:55:01.600]  Yeah, everything else will be rate of interest.
[01:55:01.600 --> 01:55:08.120]  Everything in excess of certain percentages, absent legislation setting that for private
[01:55:08.120 --> 01:55:17.600]  contracts is what this deals with in Section 11 of Article 16.
[01:55:17.600 --> 01:55:24.880]  The notion that 6% legal rate proviso in the Constitution was a hybrid pre-judgment interest
[01:55:24.880 --> 01:55:32.480]  law and usury law only for loans or extensions of credit with no general application to prejudicial
[01:55:32.480 --> 01:55:41.240]  interest or contract claims was adopted in Sage Street Associates v. Northdale Construction.
[01:55:41.240 --> 01:55:45.560]  Proviso in Article 16, Section 11 was a usury law and not a limitation on the ability of
[01:55:45.560 --> 01:55:51.820]  the judiciary to award a higher rate of pre-judgment interest on non-negotiated contract claims.
[01:55:51.820 --> 01:55:53.920]  This is going to be a complex issue.
[01:55:53.920 --> 01:55:57.760]  Yeah, Section 11 specifically reads like this.
[01:55:57.760 --> 01:56:02.640]  The legislature shall have authority to define interest and fix maximum rates of interest
[01:56:02.640 --> 01:56:09.960]  provided, however, in the absence of legislation fixing maximum rates of interest, all contracts
[01:56:09.960 --> 01:56:17.120]  for a greater rate of interest than 10% per annum shall be deemed usurious, provided further
[01:56:17.120 --> 01:56:22.600]  that in contracts where no rate of interest is agreed upon, the rate shall not exceed
[01:56:22.600 --> 01:56:24.720]  6% on per annum.
[01:56:24.720 --> 01:56:29.440]  So if there's no fixed rate of interest in the contract, you can't exceed 6% even by
[01:56:29.440 --> 01:56:32.080]  legislative enactment.
[01:56:32.080 --> 01:56:38.000]  They can, however, set the maximum rate for any specified interest rate in a contract.
[01:56:38.000 --> 01:56:41.480]  Wow, that's interesting.
[01:56:41.480 --> 01:56:44.200]  What about a variable rate note?
[01:56:44.200 --> 01:56:52.080]  Well, again, if it's agreed to in the contract, then it can be anything not exceeding the
[01:56:52.080 --> 01:56:56.120]  legislatively set maximum interest rate.
[01:56:56.120 --> 01:57:02.840]  Only if the contract does not specify an interest rate at all in its terms, can it not exceed
[01:57:02.840 --> 01:57:06.600]  6% is what I'm getting out of the language.
[01:57:06.600 --> 01:57:07.920]  Oh, okay.
[01:57:07.920 --> 01:57:08.920]  Okay.
[01:57:08.920 --> 01:57:13.720]  Does that make sense, Steve?
[01:57:13.720 --> 01:57:19.080]  Very end, the whole contract is bound by the laws of the state of Texas, and I'm just trying
[01:57:19.080 --> 01:57:21.000]  to determine what that maximum would be.
[01:57:21.000 --> 01:57:23.480]  So I'll do some digging to see where it's caught.
[01:57:23.480 --> 01:57:24.480]  Like you said.
[01:57:24.480 --> 01:57:29.640]  Yeah, I would do a search for the phrase rate of interest and search the codes for that
[01:57:29.640 --> 01:57:30.640]  specifically.
[01:57:30.640 --> 01:57:31.640]  Okay.
[01:57:31.640 --> 01:57:33.200]  All right, guys.
[01:57:33.200 --> 01:57:34.200]  Okay.
[01:57:34.200 --> 01:57:35.200]  Thanks, Steve.
[01:57:35.200 --> 01:57:36.200]  We've got one more caller.
[01:57:36.200 --> 01:57:41.600]  We're going to go to David in Texas.
[01:57:41.600 --> 01:57:43.600]  Hey, Randy.
[01:57:43.600 --> 01:57:50.400]  Oh, you got 30 seconds, you got all the time you need.
[01:57:50.400 --> 01:57:51.400]  I'm sorry.
[01:57:51.400 --> 01:57:56.720]  We tried to squeeze you in, but we ran out of time.
[01:57:56.720 --> 01:58:00.280]  Give us a call tomorrow night and we'll put you up on top.
[01:58:00.280 --> 01:58:06.120]  This is Randy Kelton, David Stevens, David Craig, and we've got radio.
[01:58:06.120 --> 01:58:12.040]  We'll be back tomorrow for our four hour info marathon.
[01:58:12.040 --> 01:58:17.080]  And then we'll be back Monday with Eddie and Dan from the traffic show tomorrow night.
[01:58:17.080 --> 01:58:19.080]  Give us a call tomorrow night.
[01:58:19.080 --> 01:58:21.080]  We'll take the calls.
[01:58:21.080 --> 01:58:23.080]  Thank you for listening.
[01:58:23.080 --> 01:58:50.440]  We'll be right back.
[01:58:50.440 --> 01:59:08.680]  We'll be right back.
[01:59:08.680 --> 01:59:31.640]  We'll be right back.
[01:59:31.640 --> 01:59:59.000]  We'll be right back.