ROL_2012-07-19_16k.timecode

[00:00.000 --> 00:05.800]  Should the United States return some lands taken from Native Americans as a step toward
[00:05.800 --> 00:06.800]  ending discrimination?
[00:06.800 --> 00:07.800]  The UN thinks so.
[00:07.800 --> 00:13.360]  I'm Dr. Cameron Albrecht and I'll discuss the issue of modern day compensation for historical
[00:13.360 --> 00:15.840]  injustice next.
[00:15.840 --> 00:17.560]  Privacy is under attack.
[00:17.560 --> 00:21.160]  When you give up data about yourself, you'll never get it back again.
[00:21.160 --> 00:26.160]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[00:26.160 --> 00:31.120]  So protect your rights, say no to surveillance and keep your information to yourself.
[00:31.120 --> 00:33.920]  Privacy, it's worth hanging on to.
[00:33.920 --> 00:39.480]  This message is brought to you by StartPage.com, the private search engine alternative to Google,
[00:39.480 --> 00:41.240]  Yahoo and Bing.
[00:41.240 --> 00:44.960]  Start over with StartPage.
[00:44.960 --> 00:47.360]  It's a dark chapter in American history.
[00:47.360 --> 00:52.800]  For more than a century, Native Americans suffered from land takings, genocide and oppression.
[00:52.800 --> 00:55.080]  Did the U.S. government right those wrongs today?
[00:55.080 --> 00:56.080]  And who should say?
[00:56.080 --> 00:58.640]  The United Nations thinks it should.
[00:58.640 --> 01:02.720]  The UN Human Rights Council is commissioned to report on America's treatment of indigenous
[01:02.720 --> 01:08.200]  tribes, suggesting that the U.S. should return land in Arizona plus the Black Hills of South
[01:08.200 --> 01:10.480]  Dakota to make amends.
[01:10.480 --> 01:15.320]  We can't hide from history and indigenous peoples are Americans who need help.
[01:15.320 --> 01:20.600]  Still, it's disturbing to have the UN telling us how to fix this wound to our national conscience.
[01:20.600 --> 01:27.720]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[01:27.720 --> 01:36.520]  Hold the cages and dump the crates.
[01:36.520 --> 01:40.440]  Burger King is improving the conditions of the animals it uses for meat.
[01:40.440 --> 01:43.440]  It's a victory for the animals and for BK customers.
[01:43.440 --> 01:48.520]  I'm Dr. Catherine Albrecht, back with more on this whopper of an announcement next.
[01:48.520 --> 01:50.240]  Privacy is under attack.
[01:50.240 --> 01:53.840]  When you give up data about yourself, you'll never get it back again.
[01:53.840 --> 01:58.840]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:58.840 --> 02:00.360]  So protect your rights.
[02:00.360 --> 02:03.960]  Say no to surveillance and keep your information to yourself.
[02:03.960 --> 02:06.600]  Privacy, it's worth hanging on to.
[02:06.600 --> 02:12.200]  This message is brought to you by StartPage.com, the private search engine alternative to Google,
[02:12.200 --> 02:13.960]  Yahoo, and Bing.
[02:13.960 --> 02:17.680]  Start over with StartPage.
[02:17.680 --> 02:22.360]  People who care about animal welfare are crowing over Burger King's promise to phase out breeding
[02:22.360 --> 02:26.520]  cages and crates for its chickens and pigs by 2017.
[02:26.520 --> 02:30.920]  It's the most sweeping pledge yet in the multi-billion dollar fast food industry.
[02:30.920 --> 02:35.840]  For years, animal rights groups have called for changes in the way livestock are treated,
[02:35.840 --> 02:41.040]  like confining animals in tiny pens with concrete floors covered in manure.
[02:41.040 --> 02:46.560]  With mad cow disease, plus undercover investigations into these inhumane conditions, the public
[02:46.560 --> 02:47.760]  wants a change.
[02:47.760 --> 02:52.920]  Isn't it great that consumer pressure can have an impact even on the king of fast food?
[02:52.920 --> 03:20.480]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[03:20.480 --> 03:50.280]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[03:50.280 --> 04:20.080]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[04:20.080 --> 04:28.920]  This is Thursday, the 19th day of July, 2012.
[04:28.920 --> 04:33.160]  This is our two-hour Thursday night show.
[04:33.160 --> 04:40.120]  And I wanted to start out with some research that I have been doing.
[04:40.120 --> 04:47.960]  People who are listening to the show regularly get to see how interesting developments come
[04:47.960 --> 04:54.760]  about because you've pretty well been able to follow my research and development of these
[04:54.760 --> 04:55.760]  issues.
[04:55.760 --> 05:01.040]  I'm working on the foreclosure issues.
[05:01.040 --> 05:10.920]  And next week I'll have a guest who does forensic analysis and is supposed to be very knowledgeable
[05:10.920 --> 05:13.440]  on that issue.
[05:13.440 --> 05:20.120]  And I hope he is because at this point I don't have much use for forensic analysis and I'm
[05:20.120 --> 05:26.200]  hoping he can give me a lot of reason to have use for one of those.
[05:26.200 --> 05:32.880]  We hear a lot of stuff on the internet and we've talked a lot here about mortgage electronic
[05:32.880 --> 05:36.640]  registration systems.
[05:36.640 --> 05:42.760]  And I don't have much use for the procedure for going after those.
[05:42.760 --> 05:48.920]  I know Dave Krieger in his seminar talks a lot about MERS.
[05:48.920 --> 05:57.400]  But in the research I've done, it appears as though MERS may well be a false flag that
[05:57.400 --> 06:02.560]  the banks have thrown out in front of us.
[06:02.560 --> 06:05.320]  Kind of like, oh, look at this red flag.
[06:05.320 --> 06:08.400]  This red flag is really vulnerable.
[06:08.400 --> 06:11.880]  You should come attack this red flag.
[06:11.880 --> 06:21.320]  Well, somehow I have had a concern about that from the beginning when the feds maintained
[06:21.320 --> 06:28.960]  that the lenders filed their mortgages with MERS and sent them all the documentation and
[06:28.960 --> 06:38.840]  MERS shredded that documentation, scanned it into their system and then shredded the documentation.
[06:38.840 --> 06:44.720]  If any time something doesn't sound right, probably isn't.
[06:44.720 --> 06:48.840]  It turns out that that was all horse manure.
[06:48.840 --> 06:55.240]  The lenders may register their mortgages with MERS, but they don't send them any paperwork.
[06:55.240 --> 07:01.600]  They made all that stuff up to send us chasing the note.
[07:01.600 --> 07:05.400]  When they know where the note is, they knew who it was all the time.
[07:05.400 --> 07:12.600]  The document custodian has it in order for the note to be securitized.
[07:12.600 --> 07:18.760]  It has to be filed with a document custodian who certifies it to Ginny May and then is
[07:18.760 --> 07:23.760]  required to maintain possession of it until termination of the note.
[07:23.760 --> 07:29.480]  So all this nonsense about where is the note, they know exactly where the note is.
[07:29.480 --> 07:32.280]  Producing the note should be no problem for the banks.
[07:32.280 --> 07:37.080]  And the issue was there's another reason why they don't produce the note.
[07:37.080 --> 07:45.760]  But in looking at that, for the most part, securitization from our perspective of trying
[07:45.760 --> 07:51.320]  to help the individual who cares.
[07:51.320 --> 07:59.000]  And the banks threw MERS at us so we would jump on the securities bandwagon.
[07:59.000 --> 08:03.800]  And when you go to the court, you say to the court, well, these guys, they bifurcated
[08:03.800 --> 08:06.400]  the note.
[08:06.400 --> 08:12.280]  And the bank is, and the court is going to say, OK, so, well, they separated the note
[08:12.280 --> 08:14.320]  into these trust.
[08:14.320 --> 08:18.960]  So how does that equate to a cause of action for you?
[08:18.960 --> 08:20.920]  How does that harm you?
[08:20.920 --> 08:25.240]  Well, we could have two or three people trying to collect on this note.
[08:25.240 --> 08:29.840]  Well, did you have two or three people trying to collect on a note?
[08:29.840 --> 08:33.320]  No, no, we don't, but we could.
[08:33.320 --> 08:36.560]  And they've clouded the title, OK, they've clouded the title.
[08:36.560 --> 08:40.120]  So how has their clouding potential harmed you?
[08:40.120 --> 08:44.000]  You see my problem?
[08:44.000 --> 08:51.080]  When I raise an issue before the court, I need an issue of the court, can you adjudicate?
[08:51.080 --> 08:59.280]  And the court cannot adjudicate a harm that might occur in the future.
[08:59.280 --> 09:08.160]  They have to adjudicate an immediate harm, so I've backed up and finally I've gotten
[09:08.160 --> 09:13.040]  back to all of the documentation in the county record.
[09:13.040 --> 09:18.040]  Now here I can say they bifurcated the note.
[09:18.040 --> 09:21.800]  And the court will say so as well.
[09:21.800 --> 09:28.480]  The so is we entered into a contract, or the borrower entered into a contract with the
[09:28.480 --> 09:40.840]  lender, and authorized the lender to sell the note together with this security instrument.
[09:40.840 --> 09:50.120]  And this was to ensure that sometime in the future, the note and the deed of trust did
[09:50.120 --> 09:59.680]  not get separated so that the borrower would have to worry about whether or not some secondary
[09:59.680 --> 10:04.520]  party he didn't know about would try to collect on the note after he paid it off.
[10:04.520 --> 10:09.520]  So in order to prevent that, he put a restriction in the deed of trust.
[10:09.520 --> 10:21.040]  And there was only one, the borrower only put one single restriction on the lender when
[10:21.040 --> 10:25.640]  he entered into the deed of trust agreement.
[10:25.640 --> 10:33.920]  And that was that he not negotiate the note without also transferring the deed of trust
[10:33.920 --> 10:35.400]  at the same time.
[10:35.400 --> 10:44.000]  It's in paragraph 20 usually, sometimes it occurs in 19, but where the borrower authorized
[10:44.000 --> 10:50.800]  the lender to sell the note, and sell means negotiate.
[10:50.800 --> 10:55.840]  Transfer beneficial interest, that's a negotiation.
[10:55.840 --> 11:01.240]  The deed of trust has no beneficial interest, it's merely a security instrument.
[11:01.240 --> 11:04.880]  So it cannot be negotiated, there's nothing to negotiate.
[11:04.880 --> 11:08.120]  It can only be transferred.
[11:08.120 --> 11:14.880]  The only stipulation is that you transfer the deed of trust to the same entity to which
[11:14.880 --> 11:22.440]  you negotiate the note and what that does, it makes it virtually impossible under this
[11:22.440 --> 11:30.600]  contract to securitize the note to our incompatible.
[11:30.600 --> 11:41.120]  So where we're going to is not some supposed potential possible future harm, but to a very
[11:41.120 --> 11:44.960]  specific contractual violation.
[11:44.960 --> 11:52.560]  And in order to get that, it wasn't enough just to find it, I have a really strong argument
[11:52.560 --> 12:02.520]  on how the deed of trust is not a trust at all for the most part.
[12:02.520 --> 12:08.360]  The deed of trust is a grant where in the property, if you have a deed of trust and
[12:08.360 --> 12:17.560]  MERS is included in the deed of trust, because of MERS mission statement and their business
[12:17.560 --> 12:25.600]  designed by their own testimony in court, MERS is included in the note for the purpose
[12:25.600 --> 12:28.240]  of bifurcating the note in the deed of trust.
[12:28.240 --> 12:33.920]  It is there for the purpose of breaching the tenets of the deed of trust.
[12:33.920 --> 12:40.920]  So if it's there, it's clear that the lender, when he negotiated the deed of trust, intended
[12:40.920 --> 12:44.640]  to breach that deed of trust.
[12:44.640 --> 12:51.800]  So that's just speculation or that's legal argument.
[12:51.800 --> 12:59.480]  What we can say for certain is if MERS is in the note, generally when you look at the
[12:59.480 --> 13:05.720]  deed of trust, if you look at the footer of the deed of trust, it will say Fannie Mae
[13:05.720 --> 13:14.560]  Freddie Mac Uniform Document Form 3044, if you're in Texas.
[13:14.560 --> 13:17.840]  Different numbers for different states.
[13:17.840 --> 13:24.040]  If you bring up the Fannie Mae Freddie Mac Uniform Document 3044 and compare that to
[13:24.040 --> 13:31.480]  your deed of trust, you will find that they have substantial differences in that in the
[13:31.480 --> 13:37.320]  Fannie Mae Freddie Mac Uniform Document MERS is not listed at all.
[13:37.320 --> 13:47.400]  And below all of the definitions, just before the section that's titled Uniform Covenants,
[13:47.400 --> 13:51.960]  just above that you'll have a transfer section.
[13:51.960 --> 13:57.400]  And the transfer section in the deed of trust with MERS included will transfer the deed
[13:57.400 --> 14:03.240]  of trust to MERS as beneficiary for the lender.
[14:03.240 --> 14:13.960]  In the Fannie Mae Freddie Mac Uniform Document, it transfers the property to the trustee so
[14:13.960 --> 14:17.680]  that the trustee can hold the property in trust.
[14:17.680 --> 14:26.280]  And what this does is protects it so that the borrower doesn't liquidate the property
[14:26.280 --> 14:32.880]  that the lender intends to be a security for his loan.
[14:32.880 --> 14:37.040]  The trustee holds it in trust for both parties.
[14:37.040 --> 14:46.200]  He holds it in trust for the borrower so that when the obligation is completed or fulfilled,
[14:46.200 --> 14:50.600]  then the trustee will transfer the property back to the borrower.
[14:50.600 --> 14:54.440]  If it's not completed, then he'll transfer it to the lender.
[14:54.440 --> 15:00.240]  That is the intent, and that's why it's called a deed of trust.
[15:00.240 --> 15:08.120]  But in the ones that you have if MERS is in it, where it transfers the property to MERS,
[15:08.120 --> 15:09.640]  there is no trustee involved.
[15:09.640 --> 15:13.840]  There's a trustee named, but the property is not...
[15:13.840 --> 15:24.320]  There is no benefactor, is nothing is benefacted into the trust by putting it into the hands
[15:24.320 --> 15:30.320]  of a control of the trustee, is putting the hands of a control of the beneficiary, and
[15:30.320 --> 15:32.600]  that's a grant.
[15:32.600 --> 15:39.640]  So the document is fraught on its face now, we have this argument.
[15:39.640 --> 15:46.480]  Now the question came up, where is the best place to make this argument?
[15:46.480 --> 15:52.600]  And I keep saying that you're not going to be in a case just because you have the law
[15:52.600 --> 15:57.600]  and the facts on your side, do you think so is naive?
[15:57.600 --> 16:01.400]  You will only win your case if you have the politics on your side.
[16:01.400 --> 16:04.440]  So where is the politics?
[16:04.440 --> 16:11.080]  I know that a lot of people go in pro se, and when you go in pro se, you start out with
[16:11.080 --> 16:13.640]  politics against you.
[16:13.640 --> 16:17.080]  The courts hate pro se litigants.
[16:17.080 --> 16:24.800]  All of the judges were lawyers, and they tried to find business, and have these pro se's
[16:24.800 --> 16:28.160]  not paying lawyers.
[16:28.160 --> 16:37.160]  So the judges don't like it, whether they admit it or not, and the lawyers don't like
[16:37.160 --> 16:38.160]  it.
[16:38.160 --> 16:43.000]  So we have to deal with the pro se bias, which is a political problem, there are more political
[16:43.000 --> 16:48.160]  problems, but there are some political issues that are in our favor, and we'll talk about
[16:48.160 --> 16:49.160]  those when I come back.
[16:49.160 --> 16:51.640]  This is Brandon Kelton, Debra Steed with J.D.
[16:51.640 --> 17:00.200]  Craven, we're Flow Radio, I call it number 5, 2-6-4-6 in 1984, Alex, I see you there.
[17:00.200 --> 17:05.160]  It is so enlightening to listen to 90.1 FM, but finding things on the internet isn't so
[17:05.160 --> 17:08.800]  easy, and neither is finding like-minded people to share it with.
[17:08.800 --> 17:12.000]  Oh, well I guess you haven't heard of Brave New Books then.
[17:12.000 --> 17:13.000]  Brave New Books?
[17:13.000 --> 17:17.600]  Yes, Brave New Books has all the books and DVDs you're looking for by authors like Alex
[17:17.600 --> 17:22.600]  Jones, Ron Paul, Angie Edward Griffin, they even stock inner food, Berkey products, and
[17:22.600 --> 17:23.600]  Calvin Soap.
[17:23.600 --> 17:26.480]  There's no way a place like that exists.
[17:26.480 --> 17:32.000]  Go check it out for yourself, it's downtown at 1904 Guadalupe Street, just south of UT.
[17:32.000 --> 17:33.000]  Oh, by UT?
[17:33.000 --> 17:36.040]  There's never anywhere to park down there.
[17:36.040 --> 17:40.960]  Actually they now offer a free hour of parking for paying customers at the 500 MLK parking
[17:40.960 --> 17:42.960]  facility just behind the bookstore.
[17:42.960 --> 17:46.960]  It does exist, but when are they open?
[17:46.960 --> 17:55.560]  Monday through Saturday, 11am to 9pm and 1-6pm on Sundays, so give them a call at 512-480-2503
[17:55.560 --> 18:00.240]  or check out their events page at BraveNewBookstore.com.
[18:00.240 --> 18:05.520]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
[18:05.520 --> 18:08.960]  Stop debt collectors now with the Michael Mearris Proven Method.
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[18:14.360 --> 18:19.200]  You'll get step-by-step instructions in plain English on how to win in court using federal
[18:19.200 --> 18:24.960]  civil rights statute, what to do when contacted by phones, mail, or court summons, how to answer
[18:24.960 --> 18:29.600]  letters and phone calls, how to get debt collectors out of your credit reports, how to turn the
[18:29.600 --> 18:33.800]  financial tables on them and make them pay you to go away.
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[18:38.920 --> 18:41.040]  Federal consultation is available as well.
[18:41.040 --> 18:46.560]  For more information, please visit ruleoflawradio.com and click on the blue Michael Mearris banner
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[18:49.560 --> 18:59.120]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt collectors
[18:59.120 --> 19:10.120]  now.
[19:10.120 --> 19:37.120]  Thank you very much for watching this video and don't forget to like, share, and subscribe
[19:37.120 --> 20:03.120]  to our YouTube channel for more videos related to how to get debt collectors out of your
[20:03.120 --> 20:04.120]  credit reports.
[20:04.120 --> 20:30.120]  Thank you very much for watching this video and don't forget to like, share, and subscribe
[20:30.120 --> 20:31.120]  to our YouTube channel for more videos related to how to get debt collectors out of your
[20:31.120 --> 20:32.120]  credit reports.
[20:32.120 --> 20:34.120]  Thank you very much for watching this video and don't forget to like, share, and subscribe
[20:34.120 --> 20:36.120]  to our YouTube channel for more videos related to how to stop debt collectors now.
[20:36.120 --> 20:41.160]  when he doesn't do his job, then go after a district judge and kick him around a little
[20:41.160 --> 20:44.280]  and get everybody upset. It creates a lot of local politics.
[20:46.760 --> 20:57.240]  And what I've been looking for is not so much the rule of law, but what procedures exist
[20:57.240 --> 21:07.240]  and what politics is going on that we could make together to help secure us remedy.
[21:09.640 --> 21:15.000]  What I'm finding and anybody who's listened to the news will be aware that the county clerks
[21:15.000 --> 21:23.000]  around the country are not happy campers. They are very unhappy about the mess that has been made
[21:23.000 --> 21:30.760]  in their records. The only thing the clerk does is keep the county record and now the sloppy
[21:30.760 --> 21:37.000]  practices of the banks have really messed up the clerk's records and they are not happy about it.
[21:38.760 --> 21:43.960]  I talked to a assistant for the Travis County District, County Clerk,
[21:43.960 --> 21:52.120]  and he made it very clear they were not just unhappy now, they've been unhappy since 2003.
[21:53.800 --> 22:00.600]  They've been raising these issues since 2003 and they've been unable to get remedy.
[22:01.880 --> 22:06.280]  So they're frustrated and angry and now it's become a serious problem for everybody
[22:06.920 --> 22:10.840]  and the clerks have kind of been caught in the middle of the situation. So look at that,
[22:10.840 --> 22:17.720]  that is a fertile ground for politics because the clerks have the judges here, they're part of
[22:17.720 --> 22:26.040]  the local fraternity, the good old boy network. So how do we invoke the clerks? And I've been
[22:26.040 --> 22:34.920]  researching the statute to the law and we have 51.903 of the Texas government code.
[22:34.920 --> 22:48.440]  This section 51.9 is the very last section in the government code where it addresses the clerks.
[22:50.280 --> 23:01.880]  And 51.903 was specifically put in to deal with the liens that were being filed by the
[23:01.880 --> 23:10.840]  Republic of Texas and others using commercial methods. And actually it was kind of a,
[23:11.720 --> 23:22.200]  they used a dirty, rotten, scoundrel technique. Under 51.903, if you have reason to believe
[23:22.200 --> 23:30.360]  that a lien is fraudulent or a document in support of a lien is fraudulent,
[23:30.360 --> 23:36.920]  and in the statute it defines what it means by fraudulent. When you and I hear fraudulent,
[23:37.720 --> 23:45.480]  we think of some lying thief and scoundrel trying to connive or cheat us out of something.
[23:46.520 --> 23:51.000]  Well, they knew that the liens that the Republic of Texas were filing
[23:51.000 --> 24:01.000]  did have foundation in the commercial law, but they were not being used in the way
[24:01.000 --> 24:07.320]  the law intended that they'd be used. However, problem they had is there was some foundation
[24:07.320 --> 24:18.120]  to it because they gave notice and opportunity. So they come up with this maneuver. And in this
[24:18.120 --> 24:24.520]  maneuver, if somebody filed a lien and mostly these are liens against public officials,
[24:25.080 --> 24:35.960]  the public official could prepare a motion or an action to file with the court under 51.903.
[24:35.960 --> 24:48.440]  And the court would receive that action and would accept no argument, everything that
[24:49.240 --> 24:57.080]  the petitioner wanted to be before the court had to be in that document. The court would then get it
[24:57.080 --> 25:06.760]  but if they could look at the document and the evidence and determine from the four corners
[25:06.760 --> 25:14.520]  of the document that it was insufficient for filing, then they could rule that the document
[25:14.520 --> 25:22.680]  was void and of no force and effect. This was an ex parte hearing. The only action in the case
[25:22.680 --> 25:30.600]  would be the person filing the action with the court. The court neither the court nor the filing
[25:30.600 --> 25:37.320]  party had a duty to notice the other side. See, they didn't want the Republic of Texas coming in
[25:37.320 --> 25:45.320]  and arguing the administrative process. They wanted to be able to just trash this thing
[25:45.320 --> 25:52.040]  essentially secretly without the Republic of Texas knowing. So when they find out,
[25:52.920 --> 25:59.400]  now they have residue to cut it or overcome. And that's a pretty steep hill to try to climb.
[26:00.840 --> 26:03.880]  So it was kind of a dirty rotten scoundrel technique.
[26:06.440 --> 26:11.400]  The problem is in order to implement it, they had to make it law.
[26:11.400 --> 26:19.080]  Now we get to use it. Well, the courts are very well aware
[26:20.600 --> 26:27.800]  of why they put it in. And when we try to use those actions against the banks,
[26:29.240 --> 26:39.000]  we have lawyers who have been filing the 51903 documents and the courts are sitting on them
[26:39.000 --> 26:46.840]  but not acting on them. And these are lawyers and they're unable to get the judges off the dime.
[26:48.120 --> 26:51.720]  I'm going to want to talk to these lawyers because I think I can help get the judges off
[26:51.720 --> 26:56.600]  the dime, but that's more confrontational. I'm looking for something more political.
[26:56.600 --> 27:08.760]  We back up to 51902. 51902 is okay, but it's not good enough
[27:08.760 --> 27:15.480]  because it really goes to different kinds of documents than the ones we're actually dealing with.
[27:15.480 --> 27:31.000]  51901. Now what that one says is if the clerk has reason to believe that a document that is being
[27:31.000 --> 27:40.520]  filed or a document that has already been filed is fraudulent. And by fraudulent, they don't
[27:40.520 --> 27:52.360]  necessarily mean that the document is trying to actually defraud someone. It just simply means
[27:52.360 --> 28:01.320]  that the document is lacking in support. If I had had some forethought, I'd already have this
[28:01.320 --> 28:13.880]  statute up so I could read it to heaven just a second. But the clerk, once they have it made
[28:13.880 --> 28:19.560]  known to them that this has been filed, that there is a problem with this particular document,
[28:21.000 --> 28:26.040]  they have two days to report this to the district court.
[28:26.040 --> 28:35.560]  So this looks like an option to give the clerks themselves a way
[28:36.760 --> 28:42.280]  of remedying this problem that they had. But when I talk to the clerks,
[28:44.040 --> 28:52.360]  I'm somewhat disappointed as the clerks kind of feel like they are outside the legal process
[28:52.360 --> 28:59.880]  that all they do is keep their records. So they're somewhat averse to taking an action.
[29:01.560 --> 29:04.520]  But I have it up here. Let me read you a section here.
[29:05.880 --> 29:10.040]  If a clerk of the Supreme Court, clerk of the Court of Criminal Appeals, clerk of the Court
[29:10.040 --> 29:16.120]  of Appeals, district court, clerk, county clerk, district and county clerk, or municipal clerk,
[29:16.120 --> 29:23.640]  has a reasonable basis to believe in good faith that a document or instrument previously filed
[29:23.640 --> 29:30.440]  or recorded or offered or submitted for filing or for filing and recording is fraudulent. The
[29:30.440 --> 29:40.280]  clerks shall wait until after the break. That's not in the statute. Okay. This is Randy Calton,
[29:40.280 --> 29:46.440]  Deborah Stevens, Eddie Craig. I will try to finish this up on the other side. We have Chris and Alex.
[29:47.080 --> 29:52.840]  I'll get you when we come back. I'll probably do one more segment then I'll get you to you.
[29:52.840 --> 29:57.880]  This is Randy Calton, Deborah Stevens, Eddie Craig. We'll have no radio. We'll be right back.
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[32:57.080 --> 33:23.000]  Okay, we're back. I was reading this statute
[33:23.000 --> 33:34.600]  about the requirement for the clerk to take some action. And if the clerk has reason to believe
[33:34.600 --> 33:43.240]  that a reasonable basis to believe in good faith at a document or instrument previously filed or
[33:43.240 --> 33:52.040]  recorded or offered or submitted for filing or filing and recording is fraudulent. The clerk
[33:52.040 --> 33:57.400]  shall, if the document is purported judgment or other document purported to memorize or
[33:57.400 --> 34:04.280]  memorialize or evidence an act or order or directive or process of a purported court,
[34:04.280 --> 34:11.320]  and this goes to those common law courts these guys are setting up, provide written notice for
[34:11.320 --> 34:18.920]  filing, recording, submission or for filing of and recording to the stated or last known
[34:18.920 --> 34:24.280]  address of the person against the purported judgment act or directive or process is rendered
[34:24.280 --> 34:33.160]  or and here's the definition of fraudulent. If the document or instrument purports to create a
[34:33.160 --> 34:41.000]  lien or assert a claim on real or personal property or an interest in real or personal
[34:41.000 --> 34:48.760]  property, provide written notice of the filing recording or submission for filing or for filing
[34:48.760 --> 34:54.040]  and recording to the state or last known address of the person named in the document or instrument
[34:54.040 --> 35:01.560]  as to the obligator or debtor and to any person named as owing any interest to the
[35:01.560 --> 35:06.360]  real personal property described in the document or instrument. A clerk shall provide written notice
[35:06.360 --> 35:16.600]  under subsection A. Not later than, this is A1, this is section B1, a clerk shall provide written
[35:16.600 --> 35:23.000]  notice under subsection A. Not later than the second business day after the date the document
[35:23.000 --> 35:28.440]  or instrument is offered or submitted for filing or for filing and recording or if the document is
[35:28.440 --> 35:34.840]  an instrument or instrument has been previously filed and recorded, not later than the second
[35:34.840 --> 35:40.280]  business day after the date, the clerk becomes aware that the document or instrument may be
[35:40.280 --> 35:49.720]  fraudulent. For purposes of this section, a document or instrument is presumed to be fraudulent if
[35:50.600 --> 35:57.160]  the document is a purported judgment or other document purporting to memorialize
[35:57.800 --> 36:08.120]  evidence and memorialize or evidence an act, an order or directive or process of a purported court
[36:08.120 --> 36:15.320]  or purported judicial entity not expressly created or established under the constitutional
[36:15.320 --> 36:21.720]  laws of the United States, of this state or of the United States and that goes to this common law
[36:21.720 --> 36:27.560]  court service setting up. A purported judicial officer of a purported court or purported judicial
[36:27.560 --> 36:36.120]  entity described in paragraph A. The document or instrument purports to create a lien or a
[36:36.120 --> 36:43.320]  sort of claim against real or personal property or an interest in real or personal property and
[36:44.440 --> 36:49.800]  is not a document or instrument provided for by the constitutional laws of the state
[36:50.440 --> 36:58.920]  or of the United States and I'll explain that one in a minute. Is not created or implied or
[36:58.920 --> 37:08.520]  expressed consent or agreement, I see, I'm sorry, is not created by implied or expressed consent
[37:08.520 --> 37:16.360]  or agreement of the obligor, debtor or the owner of the real or personal property or an instrument
[37:16.360 --> 37:22.600]  in the real or personal property if required under the laws of the state or by implied or
[37:22.600 --> 37:28.920]  expressed consent or agreement of an agent, fiduciary or other representative of that person.
[37:29.720 --> 37:41.640]  This is the one I'm after. If you have an assignment in the court record, like I'm seeing a lot of,
[37:41.640 --> 37:53.560]  I have a deed of trust to some mortgage company out of Wisconsin on a Texas loan
[37:55.640 --> 38:05.080]  and then I have the very next document is an assignment of a substitute trustee by U.S.
[38:05.080 --> 38:13.800]  Bank National Association. Well, that's not the name on the deed of trust. Who the heck are these
[38:13.800 --> 38:25.560]  guys? There's nothing in the court record where the original lender through the trustee assigned
[38:25.560 --> 38:40.600]  the duties of the trustee or a power to assign the trustee to this U.S. Bank National Association.
[38:42.040 --> 38:50.520]  That goes exactly to paragraph B, is not created or implied or expressed consent
[38:50.520 --> 38:57.720]  agreement of the obligor, debtor or owner of the real property. If we can demonstrate that to the
[38:57.720 --> 39:06.440]  clerk, now we have the clerk in a position to where the clerk has two days to give notice
[39:06.440 --> 39:14.200]  to the court and we don't have anything to do with it. This is between the clerk and the court.
[39:14.200 --> 39:20.600]  So, we don't get the process stuff in the middle. We don't get the bank. We don't get the borrower
[39:20.600 --> 39:27.400]  and lender in the middle. If we can get the clerk to get off this dime, and I think we can,
[39:28.600 --> 39:36.120]  because the clerk is going to say that they have to have reason to believe in good faith
[39:36.120 --> 39:45.640]  that the document is fraudulent. And they're going to say, well, I know you gave me all this
[39:46.600 --> 39:55.320]  absolute concrete, incontrovertible evidence, but I don't believe it. And I will say, is that a fact,
[39:55.320 --> 40:03.800]  Jack? Because then I'll pursue the clerk for misfeasance in office for acting capricious
[40:03.800 --> 40:14.040]  and unarbitrarily. I think with just a little pressure on the clerk, like the first time I do
[40:14.040 --> 40:25.320]  this, and the clerk refuses to give it to the district court, then I come back and file a
[40:27.640 --> 40:31.560]  criminal complaint against the clerk and send the clerk a tort letter
[40:31.560 --> 40:38.680]  claiming that the clerk had a ministerial duty here and committed misfeasance in office.
[40:39.560 --> 40:45.480]  And in the process, denied me in the full of free access to rejoin it right, and that's an act of
[40:45.480 --> 40:53.800]  official oppression. And in the process, harmed to be by clouding my title and sue him for the
[40:53.800 --> 41:06.760]  full amount of the note against the property. Well, you'd never win that suit. And in actually,
[41:06.760 --> 41:13.720]  the clerk is not going to care if you would win it or not. The clerk is really, really not going
[41:13.720 --> 41:23.560]  to like being sued and is absolutely not going to want to be called into a deposition to explain
[41:24.440 --> 41:32.200]  why she's unable to understand the clear mandate of law concerning her job.
[41:32.200 --> 41:42.920]  We will probably only have to hammer one clerk. If we're lucky, we won't have to hammer one at all
[41:43.560 --> 41:50.120]  because I'm going to work really hard to convince the clerk that this is a good idea and I'm looking
[41:50.120 --> 41:56.680]  to do this in Dallas County, where the Dallas County District Attorney Craig Watkins has sued
[41:56.680 --> 42:02.920]  MERS to collect all the money that hasn't been paid to the clerk for these bogus filing fees.
[42:04.280 --> 42:09.480]  And they're going to lose that case badly. So I'm going to go to them and say, well, you know,
[42:09.480 --> 42:17.240]  there's another way to do this. If these documents were improperly filed, if they filed one document,
[42:17.880 --> 42:23.400]  but they didn't file the preceding documents, they needed in order to support this document,
[42:23.400 --> 42:31.160]  you go in there and rule this document is bogus and insufficient because in missing filings,
[42:31.160 --> 42:39.400]  you get those other filings. So I think we can do a little politicking and give the district
[42:39.400 --> 42:46.440]  attorney the way to save some face on the suit he's going to lose. And if he advises the clerk to
[42:46.440 --> 42:58.520]  move ahead, then we get West Judicata. We get the bank undermined with a foreign adjudication
[42:58.520 --> 43:02.760]  that when we bring that into a district court in a quiet title action, we can say,
[43:03.640 --> 43:09.000]  this has already been adjudicated, Your Honor, in a different court and it's a matter which you
[43:09.000 --> 43:14.520]  have no power to revisit. Okay, I was going to explain a couple of the things, but I'm going to
[43:14.520 --> 43:20.120]  leave that out. We have a couple of callers. That's basically where I'm at at the moment.
[43:20.120 --> 43:25.160]  I'll kind of keep you up on where I'm going. Alex, I see you there. We'll take you next
[43:25.160 --> 43:29.800]  as soon as you come back from break. And Chris, I appreciate you guys holding on
[43:30.360 --> 43:36.120]  to give me time to go through this. This is ranked into Kelton, Debra Stevens,
[43:36.120 --> 43:44.920]  Eddie Craig. We have a radio. Our call in number is 512-646-1984. Give us a call if you have
[43:44.920 --> 43:50.760]  questions or comments. We'll start taking your calls when we come back on the other side. We'll
[43:50.760 --> 44:05.960]  be right back. The Oakland City bombing. Top 10 reasons to question the official story.
[44:05.960 --> 44:12.280]  Reason number two, why was the ATF AWOL? Paramedic Tiffany Bible, who was on the scene within five
[44:12.280 --> 44:17.320]  minutes, has stated in an affidavit that agents of the Bureau of Alcohol, tobacco and firearms,
[44:17.320 --> 44:21.960]  told her that they were not in the office that night. E. and T. Catherine Mallant also overheard
[44:21.960 --> 44:27.480]  one agent say to another, close, is that why we got the page to not come in today, end quote.
[44:27.480 --> 44:33.560]  Bruce Shaw's interview on KSOLAR TVs was also told by ATF agents that they had been paid to not come
[44:33.560 --> 44:39.240]  in to work. The ATF initially denied these claims and now variously claim that one of their agents
[44:39.240 --> 44:43.240]  was in a free falling elevator, which has been disproven, or that they'd been in an all night
[44:43.240 --> 44:48.040]  stick out, or that they'd been in a golf tournament. As they try to sort out their lives,
[44:48.040 --> 44:53.160]  all we want to know is, did the ATF receive a warning? And if so, why did they not pass it
[44:53.160 --> 44:58.840]  on to others in the mobile? For more information, go to okcbombandtruth.com.
[44:58.840 --> 45:03.560]  Are you the plaintiff or defendant in a lawsuit?
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[46:25.080 --> 46:47.880]  Okay, we are back. Randy Kell from Debra Stevens, Eddie Craig from La Radio. We're going to go
[46:47.880 --> 46:57.240]  to your questions. Alex, what do you have for us today? Hi, Randy. Can you hear me?
[46:58.680 --> 47:04.680]  I can't hear a word you're saying. Are you being facetious or can you actually hear me?
[47:05.880 --> 47:12.280]  I'm being facetious. Oh, I'm not being facetious. I honestly can't hear a word you're saying.
[47:12.280 --> 47:17.560]  Yeah, go ahead. You sound fine. You sound fine. Thank you. Randy, you're killing me,
[47:17.560 --> 47:23.080]  by the way. I love Eddie. Eddie's my man and no offense to you and the real estate is great, but
[47:23.080 --> 47:27.400]  dang. I was calling him the reason I said that's because I was calling him about a
[47:27.400 --> 47:34.440]  traffic issue and I was wondering if you could scare Eddie up. He's around. He's here. He's here?
[47:34.440 --> 47:43.720]  Yeah. He's here. Heck yeah. Forget it all. As always, what's up? Eddie, this is Alex from
[47:43.720 --> 47:50.360]  Houston and I called you once before and rented for about 20 minutes while I was walking around
[47:50.360 --> 47:57.560]  on a ferry, but I've had the wonderful opportunity to get the ticket of my dreams,
[47:57.560 --> 48:03.320]  the citation that I wanted because I've been issued to actually fight a case that, you know,
[48:03.320 --> 48:09.720]  if I lost, I could pay for it. If not, you know, win it. Anyway, here's the second citation in the
[48:09.720 --> 48:15.000]  city of Colorado, Texas. It's a municipal court. It's a court of record. That's where I live.
[48:15.000 --> 48:20.680]  It's where my actually, my grandfather and I was a judge for a long, long, long time.
[48:21.640 --> 48:27.960]  And so I'm not supposed to rock the boat too much. However, I went into the city to the municipal
[48:27.960 --> 48:38.280]  court today. About my long citation here, which if I can note, just at least for yourself, the
[48:38.280 --> 48:46.040]  clause, I believe it's in a 14.26 B or C here. It's either a 14.6 or 15.7. You know, there's
[48:46.040 --> 48:49.400]  this section that's supposed to be underlined and emboldened. It says, if you're a convicted,
[48:49.400 --> 48:55.000]  it would be for me, or offensive only. It's 708.105 transportation code talking about the
[48:55.000 --> 49:01.800]  statement on the notice of search art. Correct. Correct. And on this citation,
[49:01.800 --> 49:07.560]  it's printed out, apparently, to everybody. It is not emboldened. However, it is underlined.
[49:07.560 --> 49:12.200]  It is clearly not emboldened because the section... Oh, okay. I'm sorry. That one deals with the
[49:12.200 --> 49:19.240]  insurance and that's in 601. Yes. The one I'm talking about is, and I have you staring out in
[49:19.240 --> 49:23.640]  front of me. And hopefully everybody, if you're listening right now, go online and Google this
[49:23.640 --> 49:29.640]  stuff, print this stuff out. That way, when you get on the phone, don't waste their time.
[49:29.640 --> 49:36.840]  The section I'm talking about is in 14.06 B. Yes. There are three of those specific
[49:36.840 --> 49:44.360]  requirements on the citation. Correct. And specifically this one that I got, 14.06 B,
[49:44.360 --> 49:50.680]  is not in... It's not right. It's not emboldened. It's clearly not emboldened. So anyway, long
[49:50.680 --> 49:56.040]  story short, don't waste your time. We don't waste a long time. I went to court today.
[49:56.760 --> 50:01.000]  Obviously, the back of the bus because everybody was here. When the judge came in initially,
[50:01.000 --> 50:04.760]  he said, all right, if you're on the right, you are pleading guilty. And by your very presence on
[50:04.760 --> 50:09.480]  the right side of the room, you are pleading guilty. If you are not, you are on the left side
[50:09.480 --> 50:15.640]  of the room. And by your very presence, you are pleading not guilty. And I told the bailiff,
[50:15.640 --> 50:19.000]  I was like, I'm not pleading either. I'm not pleading anything today, sir. And actually,
[50:19.000 --> 50:23.560]  I was listening to your rebroadcast and my broadcast early today at work before I went
[50:23.560 --> 50:28.760]  to the court hearing about notice, et cetera, et cetera, and pleas. And the gentleman that was
[50:28.760 --> 50:34.840]  very knowledgeable, they had called in, I believe, on the 16th about that. And so I requested that I
[50:34.840 --> 50:41.160]  would not be entering a plea by the time I got up there. And the judge very promptly said,
[50:41.160 --> 50:45.800]  well, you know what? I'm entering a plea of not guilty for you, a preliminary entry of
[50:45.800 --> 50:51.960]  a plea of not guilty and I said, well, I objected to that and boom, he shot me down and said,
[50:51.960 --> 50:58.680]  you will not do anything. And so anyway, and meanwhile, I've taken advice from all of you,
[50:58.680 --> 51:05.560]  and I have my handy-dandy recorder in here, and good to be damned. I recorded everything.
[51:05.560 --> 51:16.840]  So I'll continue fast. So he entered in a plea. Give me a sheet here. This is the
[51:16.840 --> 51:23.480]  defendant's plea and disposition request. The judge signed up on a jury trial. I've notified
[51:23.480 --> 51:29.640]  that I'll be given a jury trial and I'm here in December. Now, the interesting part comes when
[51:29.640 --> 51:38.520]  there was no complaint on trial and made very much sure of that. I got in there. The
[51:39.560 --> 51:43.880]  city attorney is a moron, in my opinion, and my wife was actually a star witness for him
[51:43.880 --> 51:48.440]  in a plea's prosecution misconduct case. That's besides the point. Anyway, he finally comes up
[51:48.440 --> 51:54.440]  when I start talking to the judge because the judge had said that he has said that I will have
[51:54.440 --> 52:01.240]  my jury trial in December, but I will be allowed up to two weeks before the trial or 20 days or
[52:01.240 --> 52:07.240]  two weeks. I can't remember which one. That will be the cutoff to when I can file my paper
[52:07.240 --> 52:13.960]  motions before the trial. Now, there has been no clarification to me whether this is a pre-trial,
[52:15.080 --> 52:21.880]  examining trial, trial. They just picked my jurors for me. None of that. None of that was
[52:21.880 --> 52:26.760]  discussed. None of that was given. I tried to get it and I didn't get that. I'm sure I'm ignorant
[52:26.760 --> 52:33.880]  on that and I definitely apologize, Eddie. However, at that point when I said, well, okay,
[52:35.720 --> 52:39.480]  and then the city attorney came over and said that I started complaining. I was like,
[52:39.480 --> 52:42.360]  I just want to copy the complaint from my records because I need to see what statute I'm
[52:42.360 --> 52:49.080]  charged on. This is a city ordinance. This is a statute, something. I need something to go off
[52:49.080 --> 52:55.640]  of what I'm charged with. The charging instrument will be much appreciated and logical.
[52:56.920 --> 52:59.400]  City attorney came over at that point and said, no, you will not be getting a
[53:00.520 --> 53:06.040]  complaint. I'll be the complaint until 10 days before the trial, maybe up to one day before the
[53:06.040 --> 53:13.800]  trial, at which point I said that sounds highly illegal and improper and how am I supposed to
[53:13.800 --> 53:17.240]  file motions if I don't even know what I'm being charged with, whether it be a state statute,
[53:17.240 --> 53:21.960]  city ordinance, or a hospital, or whatever. If I don't have anything, I can't provide a
[53:21.960 --> 53:26.920]  proper defense for myself at which the point in time he notified me that that was all I was
[53:26.920 --> 53:32.520]  getting at the citation alone was going to stand as my charging instrument at which point in time
[53:32.520 --> 53:39.160]  I told him that, you know, I would appreciate the complaint, but it would be necessary for him to
[53:39.160 --> 53:44.040]  provide me with an indictment or an information at which point in time he informed me that he
[53:44.040 --> 53:52.280]  would be using Article 45 to prosecute you using the citation alone, at which point I notified
[53:52.280 --> 53:57.400]  him that that had been repealed, at which point we checked it up and laughed, and I also notified
[53:57.400 --> 54:06.280]  him that, you know, proper notice would be required. Now, I'd be expecting it at which
[54:06.280 --> 54:15.320]  point he told me that my citation was notice alone and there's your notice and there's your
[54:15.320 --> 54:18.120]  charging instrument right there and if you don't like it, well, then you're going to have to
[54:18.120 --> 54:24.200]  duke it out in court and I have this hole on tape. So hopefully my rambling is not going too far
[54:24.200 --> 54:29.960]  and you're still on the line already. Yeah, I'm here and no, you're right. You have a dream case
[54:29.960 --> 54:37.880]  because this guy is an utter moron. Thank you. I thought so. See, there's nothing more satisfactory
[54:37.880 --> 54:47.400]  than to take a self beyond arrogant individual such as this that thinks he can do an assembly line
[54:47.960 --> 54:54.120]  due process violation system and people are going to just accept it. Well,
[54:54.120 --> 55:00.680]  what he's done is more illegal than he can possibly imagine and hopefully you will have the
[55:00.680 --> 55:07.400]  fortitude to make him regret it. Well, see, here's the thing and this is what I prefaced my statement
[55:07.400 --> 55:15.080]  with you with this, is that, you know, like you said, dream case, I have had, I'm actually letting
[55:15.080 --> 55:25.080]  a former judge of the city here, our county, I should rephrase, deal with a DWI case that I am
[55:25.080 --> 55:31.080]  and died it in that I got at six o'clock on a Sunday driving home with my toolbox in my truck
[55:31.080 --> 55:37.080]  a couple of months back. So I know when to pick my battles. Okay, I definitely want to fight that one,
[55:37.080 --> 55:43.080]  but for my family's sake, I can't fight that one the way I want to fight it. However, this one,
[55:43.080 --> 55:49.080]  I'm going to fight Duke and Duke and now I will pay the appeal bond if they are so stupid as to not
[55:49.080 --> 55:57.080]  dismiss it before he gets to trial. And I think you're with me on that. And now my only questions
[55:57.080 --> 56:05.080]  for you are is this, I've looked online and mind you on paying for paying peanuts for my former
[56:05.080 --> 56:11.080]  judge due to family favor to represent the DWI case. So however, I'm still paying out of pocket for
[56:11.080 --> 56:17.080]  that and I'm going to be buying your $250 seminar, which is what this wouldn't go, but I know it.
[56:17.080 --> 56:27.080]  Okay. But I want, I need to know what I can barbery the living piss out of this stupid city attorney
[56:27.080 --> 56:35.080]  for and what recourses I can take against the very newly seated judge who has displaced my grandfather
[56:35.080 --> 56:47.080]  on law. Okay, I have a question. Okay. Does he parties hair on the left? Which one? Actually,
[56:47.080 --> 56:55.080]  the city attorney is a black gentleman who is very swab and reminds me very much of our Supreme
[56:55.080 --> 57:03.080]  Lord and Savior Barack Obama. Okay. Grieving for having curly hair. I've already done that and I've
[57:03.080 --> 57:11.080]  already forgiven him. Okay. It shouldn't be hard to find something to grieve for out being facetious
[57:11.080 --> 57:19.080]  again. I mean, when arrogance grows, if you can catch it in a jar, I'd be rich. But that being said,
[57:19.080 --> 57:25.080]  I'm not exactly humbled myself, however, I know a fool when I see one because I look in the mirror
[57:25.080 --> 57:33.080]  every day and this guy's a fool. Wow. And it's all on tape. I mean, the guy spoke in the microphone
[57:33.080 --> 57:38.080]  like it was a funny joke and I told him I tried it, tried it. Not in the link. I'm like, hey, buddy,
[57:38.080 --> 57:44.080]  you shouldn't be doing this. And I am going to be sending you, like I said, I have recordings
[57:44.080 --> 57:51.080]  of all this and I have the four and a half minute highlight reel. I said, back to back, not edited.
[57:51.080 --> 58:01.080]  I will cut it out and I will send it to you with them. Go ahead. Try putting it on eBay. I don't know.
[58:01.080 --> 58:10.080]  I mean, she should be made. But yeah. And I want guidance from you guys as far as what I should do.
[58:10.080 --> 58:15.080]  Okay. Well, if you get the seminar material, most of the legal documents you're asking about will
[58:15.080 --> 58:20.080]  already be in there. But we can cover that a little bit on the other side when we get back after this break.
[58:20.080 --> 58:25.080]  Okay. Thank you so much. All right, no problem. All right, folks, this is rule of law radio.
[58:25.080 --> 58:32.080]  Call in number 512-646-1984. This is Eddie Craig, Randy Kelton, Debra Stevens.
[58:32.080 --> 58:51.080]  We'll be right back on the other side of this break.
[58:51.080 --> 59:06.080]  We'll be right back.
[59:06.080 --> 59:28.080]  Enter the recovery version.
[59:28.080 --> 59:33.080]  Bibles for America would like to give you a free recovery version simply for the asking.
[59:33.080 --> 59:43.080]  This comprehensive yet compact study Bible is yours just by calling us toll free at 1-888-551-0102
[59:43.080 --> 59:50.080]  or by ordering online at freestudybible.com. That's freestudybible.com.
[59:50.080 --> 01:00:03.080]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[01:00:03.080 --> 01:00:09.080]  With all the immigrants begging to come to America, you'd think people who were born here would be counting their lucky stars.
[01:00:09.080 --> 01:00:14.080]  So why then are record numbers of Americans renouncing their U.S. citizenship?
[01:00:14.080 --> 01:00:17.080]  I'm Dr. Catherine Albrecht. Back with the answer next.
[01:00:17.080 --> 01:00:23.080]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[01:00:23.080 --> 01:00:28.080]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:00:28.080 --> 01:00:33.080]  So protect your rights. Say no to surveillance and keep your information to yourself.
[01:00:33.080 --> 01:00:39.080]  Privacy, it's worth hanging on to. This message is brought to you by StartPage.com,
[01:00:39.080 --> 01:00:46.080]  the private search engine alternative to Google, Yahoo and Bing. Start over with StartPage.
[01:00:46.080 --> 01:00:53.080]  Last year, 1,800 Americans living overseas renounced their citizenship, a record number.
[01:00:53.080 --> 01:00:58.080]  Do these folks just hate our country? No, but they're fed up with burdensome tax laws.
[01:00:58.080 --> 01:01:03.080]  Most countries don't force citizens living abroad to pay federal taxes, but the U.S. does.
[01:01:03.080 --> 01:01:10.080]  In fact, since 2004, the government has hit Americans living overseas with steep fines and criminal charges,
[01:01:10.080 --> 01:01:15.080]  even forcing them to disclose information on spouses who are foreign nationals.
[01:01:15.080 --> 01:01:19.080]  It's high time the U.S. got off the backs of Americans living overseas,
[01:01:19.080 --> 01:01:22.080]  and come to think of it, the rest of ours too.
[01:01:22.080 --> 01:01:32.080]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[01:01:32.080 --> 01:01:37.080]  When their plane touched down in America, two British tourists were greeted by the feds,
[01:01:37.080 --> 01:01:42.080]  handcuffed, jailed and deported. They're crying? I'll give you a hint. It had to do with Twitter.
[01:01:42.080 --> 01:01:46.080]  I'm Dr. Catherine Albrecht and I'll have the not-so-funny details in a moment.
[01:02:13.080 --> 01:02:19.080]  Here's a tip for anyone planning to visit us here in the Land of Liberty.
[01:02:19.080 --> 01:02:24.080]  Don't wisecrack about America on the web. Big Brother won't be amused.
[01:02:24.080 --> 01:02:30.080]  Lee Van Bryan and Emily Bunting of Great Britain learned this recently at Los Angeles International Airport,
[01:02:30.080 --> 01:02:35.080]  where they restricted their passports, interrogated, handcuffed and hauled off to jail.
[01:02:35.080 --> 01:02:41.080]  Why the warm welcome? Well, before the trip, Lee had joked on Twitter that he wanted to destroy America.
[01:02:41.080 --> 01:02:47.080]  British slang for party it up and dig up Marilyn Monroe's grave on Hollywood Boulevard.
[01:02:47.080 --> 01:02:50.080]  humor apparently is no defense with Homeland Security.
[01:02:50.080 --> 01:02:55.080]  After spending 12 hours detained alongside drug dealers, the Brits were deported.
[01:02:55.080 --> 01:03:12.080]  Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[01:03:55.080 --> 01:04:00.080]  All right, folks. We are back. This is the end of this video.
[01:04:00.080 --> 01:04:27.080]  All right, folks. We are back. This is Rule of Law Radio.
[01:04:27.080 --> 01:04:35.080]  Okay, let's bring our call back up, Deborah.
[01:04:35.080 --> 01:04:37.080]  Hello?
[01:04:37.080 --> 01:04:38.080]  I'm sorry, Eddie. What are you asking?
[01:04:38.080 --> 01:04:40.080]  I'm sorry. Can you bring our caller back up?
[01:04:40.080 --> 01:04:44.080]  Oh, you don't have the caller page. Okay. All right. All right. Alex.
[01:04:44.080 --> 01:04:45.080]  No, which caller was it?
[01:04:45.080 --> 01:04:46.080]  Yes, it's Alex, I believe.
[01:04:46.080 --> 01:04:50.080]  Okay. All right. Alex in Texas. Okay. Go ahead.
[01:04:50.080 --> 01:04:51.080]  Thank you, Deborah.
[01:04:51.080 --> 01:04:53.080]  Sure.
[01:04:53.080 --> 01:04:58.080]  But I don't think any real quick getting down to the actual best act of this.
[01:04:58.080 --> 01:05:03.080]  He stated on his record the city attorney that he was going to, basically, well,
[01:05:03.080 --> 01:05:08.080]  not basically, he was going to deny me notice, deny me, you know,
[01:05:08.080 --> 01:05:13.080]  an actual charging instrument, and we were going to proceed the trial off of the citation alone,
[01:05:13.080 --> 01:05:16.080]  which simply states disregard, stop, sign, non-accident.
[01:05:16.080 --> 01:05:22.080]  Now, another fun thing to note about this citation is there's a category here that says
[01:05:22.080 --> 01:05:25.080]  ledged speed, blank speed limit, blank CMV.
[01:05:25.080 --> 01:05:30.080]  Now, CMV, my best guess, and I'm sure you're familiar with this, CMV is commercial motor vehicle.
[01:05:30.080 --> 01:05:31.080]  That's correct.
[01:05:31.080 --> 01:05:35.080]  There's an N. There's an N in this category, which is no. Okay.
[01:05:35.080 --> 01:05:41.080]  So now, when I see that, I see a slam dunk from my part.
[01:05:41.080 --> 01:05:48.080]  But that being said, like I told him today, how are you going to proceed with a trial
[01:05:48.080 --> 01:05:53.080]  without the court having jurisdiction? You have not proven jurisdiction,
[01:05:53.080 --> 01:06:00.080]  and 45.01, I can believe it's 01G, has been repealed with 1999.
[01:06:00.080 --> 01:06:01.080]  So how do you...
[01:06:01.080 --> 01:06:03.080]  45.01, period.
[01:06:03.080 --> 01:06:06.080]  Yeah. I mean, that was repealed.
[01:06:06.080 --> 01:06:08.080]  I hate to break your heart there, buddy.
[01:06:08.080 --> 01:06:12.080]  And we laughed about that in a very aggressive way.
[01:06:12.080 --> 01:06:22.080]  But if they proceed with the kangaroo court, and I don't have an actual charging instrument
[01:06:22.080 --> 01:06:28.080]  to rebut, how do I go about fighting it?
[01:06:28.080 --> 01:06:29.080]  You... Okay.
[01:06:29.080 --> 01:06:32.080]  It works the same way in every case.
[01:06:32.080 --> 01:06:39.080]  They deprive you of the constitute or the actually protected due process right of notice.
[01:06:39.080 --> 01:06:44.080]  They can't proceed against you and obtain jurisdiction without notice
[01:06:44.080 --> 01:06:47.080]  or without you waiving the right of notice.
[01:06:47.080 --> 01:06:48.080]  Okay.
[01:06:48.080 --> 01:06:54.080]  So first thing you want to do is file a motion to withdraw the magistrally entered plea.
[01:06:54.080 --> 01:06:58.080]  The court did not show on the record that it had jurisdiction.
[01:06:58.080 --> 01:07:02.080]  State did not prove on the record that it had jurisdiction.
[01:07:02.080 --> 01:07:03.080]  Exactly.
[01:07:03.080 --> 01:07:09.080]  What is the question that you need to be asking from a legal standpoint?
[01:07:09.080 --> 01:07:12.080]  Do you have jurisdiction to even hold this...
[01:07:12.080 --> 01:07:14.080]  No, no.
[01:07:14.080 --> 01:07:19.080]  The question always starts out the same way no matter what the cop case is
[01:07:19.080 --> 01:07:23.080]  when it deals with the government coming against you.
[01:07:23.080 --> 01:07:27.080]  In these particular cases, the first question you formulate is,
[01:07:27.080 --> 01:07:35.080]  what is the alleged regulable activity that this bureaucratic moron is asserting I was engaging in
[01:07:35.080 --> 01:07:41.080]  that would give them authority over me, my property, or my actions?
[01:07:41.080 --> 01:07:43.080]  And I understand that.
[01:07:43.080 --> 01:07:48.080]  I actually used the terminology too because like I said, I listened to the 16th podcast
[01:07:48.080 --> 01:07:53.080]  of what regulable activity are you proposing that I was engaged in.
[01:07:53.080 --> 01:07:57.080]  And, oh, we don't deal with that. Okay, you don't deal with that.
[01:07:57.080 --> 01:08:00.080]  Well, congratulations, but you do, you know.
[01:08:00.080 --> 01:08:04.080]  I mean, we're dealing with a lawless court that doesn't know they're from a hole in the ground.
[01:08:04.080 --> 01:08:07.080]  Well, no, that part's very true.
[01:08:07.080 --> 01:08:11.080]  Why is this suddenly becoming a surprise to you?
[01:08:11.080 --> 01:08:14.080]  Well, the reason why...
[01:08:14.080 --> 01:08:16.080]  I don't think it's a surprise to me.
[01:08:16.080 --> 01:08:23.080]  I say, when I'm asked to deal with people who kick those, I try to my best.
[01:08:23.080 --> 01:08:27.080]  I do, because I have respect for my family and my relatives,
[01:08:27.080 --> 01:08:30.080]  whether they be on my side or the other side.
[01:08:30.080 --> 01:08:34.080]  Now, that being said, I go in there, try and be nice.
[01:08:34.080 --> 01:08:38.080]  Like I say, play nice, nice, and they're idiots.
[01:08:38.080 --> 01:08:40.080]  I mean, they're so idiots.
[01:08:40.080 --> 01:08:45.080]  I mean, and it's like, okay, so I'm supposed to file a motion on something that doesn't exist
[01:08:45.080 --> 01:08:48.080]  or that really doesn't exist,
[01:08:48.080 --> 01:08:52.080]  and then I'm supposed to put it in front of a court that can't possibly exist,
[01:08:52.080 --> 01:09:00.080]  because you don't remotely have jurisdiction on something that I wasn't even regularly at the time at,
[01:09:00.080 --> 01:09:02.080]  but I haven't even been able to voice that opinion,
[01:09:02.080 --> 01:09:04.080]  because God knows that I'm going to show up there on the 5th,
[01:09:04.080 --> 01:09:07.080]  and they're going to have a jury in panel that I haven't even picked.
[01:09:07.080 --> 01:09:14.080]  I mean, it's ignorance on top of stupidity on top of, holy wow.
[01:09:14.080 --> 01:09:18.080]  I mean, does that make any sense? Does that register?
[01:09:18.080 --> 01:09:24.080]  Yeah, but for some reason you're still sounding surprised.
[01:09:24.080 --> 01:09:28.080]  I'm not surprised. I'm just...
[01:09:28.080 --> 01:09:31.080]  I'm just trying not to. I don't know.
[01:09:31.080 --> 01:09:33.080]  You seen Forrest Gump?
[01:09:33.080 --> 01:09:35.080]  Yeah, I'm sorry.
[01:09:35.080 --> 01:09:37.080]  What's his favorite line in that movie?
[01:09:37.080 --> 01:09:39.080]  Stupid is, and stupid does.
[01:09:39.080 --> 01:09:40.080]  That's right.
[01:09:40.080 --> 01:09:47.080]  Welcome to the real world of Forrest Gump.
[01:09:47.080 --> 01:09:52.080]  Okay, these courts live by stupid is, as stupid does.
[01:09:52.080 --> 01:10:02.080]  Let's trample down a few reasons here real quick why this court cannot possibly be conducting a criminal prosecution.
[01:10:02.080 --> 01:10:03.080]  Okay?
[01:10:03.080 --> 01:10:04.080]  Yeah.
[01:10:04.080 --> 01:10:09.080]  If you go down through this, let's look at what we've got.
[01:10:09.080 --> 01:10:11.080]  This was actually a criminal case.
[01:10:11.080 --> 01:10:15.080]  These are the things that would be occurring and would exist.
[01:10:15.080 --> 01:10:16.080]  Okay?
[01:10:16.080 --> 01:10:17.080]  Okay.
[01:10:17.080 --> 01:10:24.080]  If this were a criminal case, then you would have the right of being heard by yourself or counsel, or both,
[01:10:24.080 --> 01:10:28.080]  because that's your unalienable right in all criminal prosecutions.
[01:10:28.080 --> 01:10:36.080]  According to the Texas Constitution, Article 1, Section 10, Code of Criminal Procedure 1.05 and 1.051.
[01:10:36.080 --> 01:10:37.080]  Okay.
[01:10:37.080 --> 01:10:44.080]  If this were a criminal case, the courts could not ignore and declare not existent our bifurcated,
[01:10:44.080 --> 01:10:52.080]  our right of bifurcated representation because the Constitution and the Statute 105 specifically state
[01:10:52.080 --> 01:10:56.080]  that we have the right to be heard by ourselves, by counsel, or by both.
[01:10:56.080 --> 01:11:03.080]  Just exactly what part of both is the judiciary pretending it doesn't understand.
[01:11:03.080 --> 01:11:08.080]  Well, Eddie, Eddie, Eddie, Eddie, I'm 100% with you.
[01:11:08.080 --> 01:11:12.080]  Yeah, but let me finish this list because this list is important to your argument,
[01:11:12.080 --> 01:11:15.080]  and it's important to everybody else that's in the same situation.
[01:11:15.080 --> 01:11:16.080]  Okay.
[01:11:16.080 --> 01:11:24.080]  If this were a criminal case, the courts could not make any lawfully binding judicial decision or opinion
[01:11:24.080 --> 01:11:30.080]  that would remove the unalienable right of the assistance of the assistance to counsel.
[01:11:30.080 --> 01:11:37.080]  Okay. Because that is a right protected in the Texas Constitution and in the Code of Criminal Procedure.
[01:11:37.080 --> 01:11:46.080]  And nowhere in either of those is there any mention of whether or not incarceration is a possibility
[01:11:46.080 --> 01:11:49.080]  or what class of offense we're dealing with.
[01:11:49.080 --> 01:11:54.080]  It simply says in all criminal prosecutions.
[01:11:54.080 --> 01:11:55.080]  Period.
[01:11:55.080 --> 01:11:56.080]  Okay.
[01:11:56.080 --> 01:12:01.080]  Again, they can't rely on a Supreme Court opinion that takes away that right
[01:12:01.080 --> 01:12:05.080]  because they say that the federal constitution doesn't have it.
[01:12:05.080 --> 01:12:07.080]  So what?
[01:12:07.080 --> 01:12:12.080]  The state constitution can offer far more protections to its individual people
[01:12:12.080 --> 01:12:15.080]  than the federal constitution ever could.
[01:12:15.080 --> 01:12:21.080]  But when the federal constitution doesn't even protect people from the harms done by their state
[01:12:21.080 --> 01:12:23.080]  but by the federal government itself, correct?
[01:12:23.080 --> 01:12:24.080]  Correct.
[01:12:24.080 --> 01:12:26.080]  All right.
[01:12:26.080 --> 01:12:34.080]  So no matter what the Supreme Court declares, that doesn't nullify any article or provision of the Texas Constitution
[01:12:34.080 --> 01:12:40.080]  and it cannot authorize the courts of Texas to do so.
[01:12:40.080 --> 01:12:42.080]  So can I understand that much?
[01:12:42.080 --> 01:12:47.080]  But here's my real quandary to sum it all up because I know you guys got probably a lot of callers.
[01:12:47.080 --> 01:12:52.080]  To sum it all up, if they're going to do a kangaroo court, which obviously they're going to do.
[01:12:52.080 --> 01:12:54.080]  And I was expecting of that.
[01:12:54.080 --> 01:12:55.080]  I wasn't so naive.
[01:12:55.080 --> 01:12:59.080]  I came in with sunbeams shining down on me and didn't expect them to be complete fools.
[01:12:59.080 --> 01:13:01.080]  I understand that.
[01:13:01.080 --> 01:13:08.080]  But if they're going to hold a complete kangaroo court and I'm supposed to be filing motions in said kangaroo court,
[01:13:08.080 --> 01:13:13.080]  I can expect for said motions to be dismissed outright.
[01:13:13.080 --> 01:13:14.080]  Okay.
[01:13:14.080 --> 01:13:16.080]  And so we expect that?
[01:13:16.080 --> 01:13:17.080]  Yes.
[01:13:17.080 --> 01:13:18.080]  Yes.
[01:13:18.080 --> 01:13:19.080]  I absolutely expect that.
[01:13:19.080 --> 01:13:23.080]  And I understand that I'm going to have to appeal that.
[01:13:23.080 --> 01:13:30.080]  And then at that situation, I can make them look like fools and they'll shrug and nod and go, whatever.
[01:13:30.080 --> 01:13:32.080]  But here's my thing.
[01:13:32.080 --> 01:13:39.080]  If I take it because I'm not made to go, however, on this situation, I will fight them.
[01:13:39.080 --> 01:13:42.080]  I will appeal to them and I will win.
[01:13:42.080 --> 01:13:43.080]  Okay?
[01:13:43.080 --> 01:13:45.080]  With your health and whatever and everybody's there.
[01:13:45.080 --> 01:13:46.080]  I'll win.
[01:13:46.080 --> 01:13:47.080]  I'll win.
[01:13:47.080 --> 01:13:56.080]  However, I don't want them to get that double what the fine plus the fees were money without any repercussions.
[01:13:56.080 --> 01:13:58.080]  You don't have to give them the money.
[01:13:58.080 --> 01:14:00.080]  You can do a surety bond.
[01:14:00.080 --> 01:14:07.080]  All you need is two people that will certify that they are capable of paying the fines if you don't appear.
[01:14:07.080 --> 01:14:13.080]  You don't have to give them any money up front whatsoever, no matter what they try to tell you.
[01:14:13.080 --> 01:14:26.080]  The only way they can extract money from you is if you actually failed to appear and your sureties both revoked their coverage under the surety bond.
[01:14:26.080 --> 01:14:27.080]  Okay.
[01:14:27.080 --> 01:14:28.080]  Hold on.
[01:14:28.080 --> 01:14:29.080]  Hold on.
[01:14:29.080 --> 01:14:30.080]  A surety bond.
[01:14:30.080 --> 01:14:31.080]  A surety bond?
[01:14:31.080 --> 01:14:32.080]  Yes.
[01:14:32.080 --> 01:14:41.080]  Two people that will certify under oath that they can and will cover your fines and fees if you fail to appear.
[01:14:41.080 --> 01:14:44.080]  Well, okay, I failed to appear now.
[01:14:44.080 --> 01:14:56.080]  Well, there's the surety bond applied to let's say we go through this whole work in the room, this whole kangaroo crap, and they magically find me guilty of the things that they never charged me with and they never had jurisdiction with and they say,
[01:14:56.080 --> 01:14:58.080]  all right, you're guilty now.
[01:14:58.080 --> 01:14:59.080]  How are you okay?
[01:14:59.080 --> 01:15:01.080]  Click hard or cash?
[01:15:01.080 --> 01:15:04.080]  And I say a surety bond, you know.
[01:15:04.080 --> 01:15:11.080]  If this is a court of record, then you have 10 days to file your motion for new trial.
[01:15:11.080 --> 01:15:21.080]  They can't turn around and tell you to pay, you simply tell them, I'm filing a motion for new trial, which is a required step in the appeals process.
[01:15:21.080 --> 01:15:24.080]  Can I correct some terminology?
[01:15:24.080 --> 01:15:25.080]  Sure.
[01:15:25.080 --> 01:15:34.080]  Surety bond, in law, in constitution, that's called bail.
[01:15:34.080 --> 01:15:38.080]  Bond is not a constitutional right.
[01:15:38.080 --> 01:15:46.080]  Bond is something where you post the United States dollars in lieu of bail.
[01:15:46.080 --> 01:16:00.080]  Bail is the constitutional right and bail is a written undertaking between the accused and the court, wherein you promise to indemnify them.
[01:16:00.080 --> 01:16:03.080]  That's constitutional.
[01:16:03.080 --> 01:16:11.080]  Okay, my thing here, Eddie and all you guys, is this is, I want to fight them.
[01:16:11.080 --> 01:16:23.080]  I'm going to law school now, thank you guys pretty much, you guys are such an inspiration, but I want to make these guys part of what matters to them, in a pocketbook.
[01:16:23.080 --> 01:16:27.080]  Okay, well, wait a minute, you're putting the card ahead of the horse.
[01:16:27.080 --> 01:16:28.080]  Okay.
[01:16:28.080 --> 01:16:34.080]  First, you, as Napoleon says, never interrupt your enemy while he's busy making a mistake.
[01:16:34.080 --> 01:16:35.080]  Correct.
[01:16:35.080 --> 01:16:39.080]  Okay, so hang on just a minute and we'll try to get this wrapped up on the other side.
[01:16:39.080 --> 01:16:41.080]  So hang on, we'll be right back.
[01:16:41.080 --> 01:16:46.080]  This is rule of law radio, call in number 512-646-1984.
[01:16:46.080 --> 01:16:51.080]  We've got about three segments left in the show and we're going to wrap Alex up on the other side.
[01:16:51.080 --> 01:17:00.080]  We'll be right back after this break.
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[01:19:22.080 --> 01:19:38.080]  Alright folks, we are back. This is Rule of Law Radio.
[01:19:38.080 --> 01:19:43.080]  Okay, let's finish up with Alex. Okay, Alex, let's wrap this up real quick.
[01:19:43.080 --> 01:19:49.080]  Now, let me just get this into you here. You're in Conroe. You may want to consider coming to the Sunday class.
[01:19:49.080 --> 01:19:56.080]  Because, okay, there's a lot to this that even though you're wanting to go in the right direction,
[01:19:56.080 --> 01:20:03.080]  I can tell by the comments you're making and the tangents you're going off on that you're missing a few steps you've got to have.
[01:20:03.080 --> 01:20:09.080]  If you don't have them, then you're going to shoot yourself right between the eyes in this case.
[01:20:09.080 --> 01:20:14.080]  Whether you're right or wrong will not make any difference if you do that.
[01:20:14.080 --> 01:20:19.080]  Yes, sir. Okay, so right off the bat, come to class.
[01:20:19.080 --> 01:20:29.080]  This needs to be addressed in a way that you fully understand the consequences of what you do and therefore how to do it properly.
[01:20:29.080 --> 01:20:33.080]  Yes. I agree. That's why I called you. Okay.
[01:20:33.080 --> 01:20:41.080]  Even though I feel confident in doing it, I'm not confident in the procedures in the courtroom and I'm not confident enough.
[01:20:41.080 --> 01:20:50.080]  Well, the procedures are not entirely the issue. It's the way to make your argument and your point and how to document it for the appeals court.
[01:20:50.080 --> 01:20:57.080]  If this is a court of record, this is the very best place you can be to do this the right way.
[01:20:57.080 --> 01:21:00.080]  Exactly. Exactly. I knew that much.
[01:21:00.080 --> 01:21:06.080]  Okay, so hang on to that thought. Get your mind clear and be in class.
[01:21:06.080 --> 01:21:10.080]  Starts at two o'clock on Sundays down at Brave New Books.
[01:21:10.080 --> 01:21:15.080]  I have one more question. I'll let you guys go because you've been in great help. Okay.
[01:21:15.080 --> 01:21:19.080]  This is a municipal court for the city of Conroe.
[01:21:19.080 --> 01:21:22.080]  Yes, I lived in Conroe. I'm familiar with it.
[01:21:22.080 --> 01:21:26.080]  I'm on Northwood 336. Great.
[01:21:26.080 --> 01:21:38.080]  Now, that being said, this is the city attorney prosecuting, apparently, or trying to because, like I said, he will not give me a complaint or an indictment or an information.
[01:21:38.080 --> 01:21:43.080]  I'm assuming that he's going to try and prosecute on behalf of the state.
[01:21:43.080 --> 01:21:47.080]  Does he have the legal... Can he do that?
[01:21:47.080 --> 01:21:48.080]  As a city attorney...
[01:21:48.080 --> 01:21:51.080]  Constitutionally speaking, no.
[01:21:51.080 --> 01:21:54.080]  Okay. Didn't think so.
[01:21:54.080 --> 01:22:01.080]  Okay. And that was my first guess from listening to you for too long. I'm not doing enough about it.
[01:22:01.080 --> 01:22:04.080]  But would that hold up in his own court?
[01:22:04.080 --> 01:22:06.080]  No. Wouldn't.
[01:22:06.080 --> 01:22:16.080]  Well, you have to catch that argument properly because there is a lot of bad case law on the books that grant authorities that there none exists for.
[01:22:16.080 --> 01:22:25.080]  The legislature tried to give the city attorney prosecutorial powers belonging only to two state offices.
[01:22:25.080 --> 01:22:26.080]  District attorney.
[01:22:26.080 --> 01:22:28.080]  And the county attorney.
[01:22:28.080 --> 01:22:35.080]  And only a district or county attorney can sign the required information. A city attorney cannot.
[01:22:35.080 --> 01:22:39.080]  He is not a part of either of those offices.
[01:22:39.080 --> 01:22:44.080]  Therefore, he cannot act under the power and authority of those offices.
[01:22:44.080 --> 01:22:51.080]  And if this guy is as smart and as arrogant as he seems, that brings cleanness to my question.
[01:22:51.080 --> 01:22:54.080]  Are you sure his name isn't Jenkins?
[01:22:54.080 --> 01:22:59.080]  Yeah. No, we're not going there.
[01:22:59.080 --> 01:23:18.080]  But no, I mean, that's why, I mean, that was the cleanness behind my asking him whether or not you're charging me under a state statute or you're charging me under a city ordinance because I'm thinking you've only got the authority to go under a city ordinance in which case that's administrative.
[01:23:18.080 --> 01:23:28.080]  Well, no, the legislature tried to give him authority under 45.201. Unfortunately, the legislature doesn't have the authority to give that authority.
[01:23:28.080 --> 01:23:35.080]  Exactly. And they can't do that. And, you know, he can think whatever he wants. This is the same guy who thinks 45.201 still exists.
[01:23:35.080 --> 01:23:44.080]  Well, all of them do. They're relying on case law that's 20 years out of, or at least 10 years out of date, 13 years to be exact.
[01:23:44.080 --> 01:23:53.080]  Yeah, exactly. So I'm assuming this guy, I mean, I mean, like you said before, like you said before, to write it off.
[01:23:53.080 --> 01:24:03.080]  It doesn't matter because, you know what? I wasn't in a regular activity. I don't care what you say. You violated my due process up one side and down the other.
[01:24:03.080 --> 01:24:15.080]  And it's a court of record and it's all on the record. So if you want to go this way, if you want to hang yourself off splitting your wrist and lighting yourself on fire, I'm going to let you, right?
[01:24:15.080 --> 01:24:16.080]  Absolutely.
[01:24:16.080 --> 01:24:23.080]  And that's why I thought of you and I will be... I don't work for the suicide hotline. Take your chances.
[01:24:23.080 --> 01:24:28.080]  Well, do it on tape for the record. Jesus. Jesus, man.
[01:24:28.080 --> 01:24:33.080]  Okay, leave Jesus out of this. You want him on your side right now.
[01:24:33.080 --> 01:24:37.080]  I don't need Jesus. Leave people with that dumb.
[01:24:37.080 --> 01:24:45.080]  Yeah, you might want to be careful with that. But in any case, all right, Alex, I expect to see you in class. Okay?
[01:24:45.080 --> 01:24:46.080]  Two to five, right?
[01:24:46.080 --> 01:24:47.080]  Yep.
[01:24:47.080 --> 01:24:49.080]  Thank you very much, Eddie.
[01:24:49.080 --> 01:24:51.080]  You're very welcome. Thanks for calling in.
[01:24:51.080 --> 01:24:52.080]  All right, thanks.
[01:24:52.080 --> 01:24:58.080]  Bye-bye. All right, now we're going to go to Chris in Texas. Chris, what can we do for you?
[01:24:58.080 --> 01:25:02.080]  All righty. How are you guys doing tonight?
[01:25:02.080 --> 01:25:05.080]  As you can tell hurriedly.
[01:25:05.080 --> 01:25:16.080]  All right, well, I'll make this quick. I sent off my open records request two days ago and I wanted to ask Randy,
[01:25:16.080 --> 01:25:30.080]  how long should I wait before taking a further step in motivating them to give me these records?
[01:25:30.080 --> 01:25:43.080]  I would wait at least 15, 20 days. They have 15 days to respond to produce the records or to send you a notice
[01:25:43.080 --> 01:25:49.080]  that they have filed a request with the State Attorney General.
[01:25:49.080 --> 01:25:54.080]  Okay. And I have one other question to ask you.
[01:25:54.080 --> 01:26:11.080]  How do I do an open information request under 552 to get officers of the oath that they were supposed to have signed when they became police officers?
[01:26:11.080 --> 01:26:22.080]  Depends on the department. If he is a municipal, you do the mayor. If he is a sheriff's deputy, you do the sheriff.
[01:26:22.080 --> 01:26:33.080]  DPS, you do director to DPS. Or if the DPS has a designated custody to the record.
[01:26:33.080 --> 01:26:38.080]  How about if he's just a city, you know, police officer?
[01:26:38.080 --> 01:26:39.080]  Mayor.
[01:26:39.080 --> 01:26:41.080]  Mayor?
[01:26:41.080 --> 01:26:58.080]  Mayor is the chief officer, so you would file the request with the mayor. He probably has designated the city administrator as the custodian of the record.
[01:26:58.080 --> 01:26:59.080]  Okay.
[01:26:59.080 --> 01:27:06.080]  So just file it with the city secretary and she has a duty to forward it to whoever it's supposed to go to.
[01:27:06.080 --> 01:27:13.080]  Okay. All right. And how long do they have the answer there? Is that the same?
[01:27:13.080 --> 01:27:17.080]  Yeah, same 15 days.
[01:27:17.080 --> 01:27:21.080]  Okay. So the court does have 15 days to produce the records from the court?
[01:27:21.080 --> 01:27:26.080]  Oh, okay. It depends on the type of record.
[01:27:26.080 --> 01:27:39.080]  If it is a court record from a municipal court, it does not fall under 552 government code that falls under the common law right to access.
[01:27:39.080 --> 01:27:57.080]  And while a county court or a district court has a court rule, rule 12 that authorizes them to ask for a written request and they can take up to 10 days to respond to it.
[01:27:57.080 --> 01:28:10.080]  A municipal court or a justice court falls under 27.004 government code, which requires them to make their records available for all interested parties at all reasonable times.
[01:28:10.080 --> 01:28:19.080]  And the attorney general defines all reasonable, all interested parties as any member of the public and reasonable times as normal business hours.
[01:28:19.080 --> 01:28:24.080]  So they don't have any time technically.
[01:28:24.080 --> 01:28:29.080]  So as soon as they receive your open record request...
[01:28:29.080 --> 01:28:34.080]  No, there is no open records request. They can't ask for one.
[01:28:34.080 --> 01:28:39.080]  If you send a written request, it's not an open records request.
[01:28:39.080 --> 01:28:47.080]  I suggest that if you send a request for records, you don't state open records or anything else.
[01:28:47.080 --> 01:28:51.080]  You just say, please provide me with these documents.
[01:28:51.080 --> 01:28:58.080]  If you ask for them under the Open Records Act, they'll refuse to produce them saying that the Open Records Act does not apply.
[01:28:58.080 --> 01:29:05.080]  But if you just ask for them and don't state the statute, there's no need to give these guys legal advice.
[01:29:05.080 --> 01:29:09.080]  You just demand what records that you want.
[01:29:09.080 --> 01:29:15.080]  If it is a municipal, you can go down to the municipal court and ask them to produce it immediately.
[01:29:15.080 --> 01:29:18.080]  Okay, and I do have one other question.
[01:29:18.080 --> 01:29:26.080]  How long should I wait to hear from the DA now that I have sent my complaint?
[01:29:26.080 --> 01:29:29.080]  Okay, you sent a criminal complaint to the DA?
[01:29:29.080 --> 01:29:30.080]  Yes, sir.
[01:29:30.080 --> 01:29:33.080]  And this is Convo?
[01:29:33.080 --> 01:29:36.080]  No, this is in, well, Terry County.
[01:29:36.080 --> 01:29:42.080]  Oh, Terry County. Okay, I would give them two weeks because the grand jury meets every day there.
[01:29:42.080 --> 01:29:47.080]  Go down and check the minutes of the grand jury.
[01:29:47.080 --> 01:29:49.080]  Okay, hang on.
[01:29:49.080 --> 01:29:50.080]  I'll be right back.
[01:29:50.080 --> 01:29:51.080]  This is going to break.
[01:29:51.080 --> 01:29:54.080]  This is Randy Calton, David Stevens and Craig with the Bell Radio.
[01:29:54.080 --> 01:30:00.080]  We'll be right back.
[01:30:00.080 --> 01:30:05.080]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:30:05.080 --> 01:30:07.080]  The government says that fire brought it down.
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[01:30:12.080 --> 01:30:18.080]  Over 6,000 of my fellow service members have given their lives and thousands of my fellow force responders are dying.
[01:30:18.080 --> 01:30:19.080]  I'm not a conspiracy theorist.
[01:30:19.080 --> 01:30:20.080]  I'm a structural engineer.
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[01:30:22.080 --> 01:30:24.080]  I'm a father who lost his son.
[01:30:24.080 --> 01:30:27.080]  We are Americans and we deserve the truth.
[01:30:27.080 --> 01:30:31.080]  Go to RememberBuilding7.org today.
[01:30:31.080 --> 01:30:37.080]  The rule of law radio network is proud to present a due process of law seminar hosted by our own Eddie Craig.
[01:30:37.080 --> 01:30:42.080]  Eddie is a former Nakadocha's sheriff's deputy and for the past 21 years he's been studying the due process of law
[01:30:42.080 --> 01:30:48.080]  and now offers his knowledge to you at a seminar every Sunday from 2 o'clock to 5 o'clock at Brave New Books,
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[01:30:51.080 --> 01:31:00.080]  Admission is $20, so please make plans to come by and sit with Eddie and learn for yourself what the true intent of law really is.
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[01:32:21.080 --> 01:32:27.080]  Thank you for watching.
[01:32:51.080 --> 01:33:15.080]  Okay, we're back.
[01:33:15.080 --> 01:33:25.080]  We have low radio and we're talking to Chris in Texas and we're talking about open records.
[01:33:25.080 --> 01:33:30.080]  And oh, here we were talking about the complaint that you filed with Tarrant County District Attorney.
[01:33:30.080 --> 01:33:40.080]  In Tarrant County they have, I think, either three or four grand juries and they have grand juries meeting every day.
[01:33:40.080 --> 01:33:45.080]  So I would wait two weeks, give them a reasonable amount of time.
[01:33:45.080 --> 01:33:55.080]  And then go down to the Tarrant County District Clerk and ask to see the minutes of the grand jury, those minutes.
[01:33:55.080 --> 01:34:00.080]  And when they ask you what you're talking about, they may do that.
[01:34:00.080 --> 01:34:06.080]  Show them 2022 Texas Code of Criminal Procedure.
[01:34:06.080 --> 01:34:17.080]  Okay, where it requires the clerk to enter the fact of the indictment into the minutes of the court.
[01:34:17.080 --> 01:34:22.080]  And I've done this before. I said those minutes right there, those are the ones I'm talking about.
[01:34:22.080 --> 01:34:29.080]  And when I say that, I stop getting a bunch of crap old, what are you talking about, nonsense.
[01:34:29.080 --> 01:34:39.080]  And they may tell you that the District Attorney has them and that's a good time to file criminal charges against the clerk for best reasons in office.
[01:34:39.080 --> 01:34:40.080]  Ah, okay.
[01:34:40.080 --> 01:34:47.080]  Because these are minutes of the clerk, not minutes of the grand of the District Attorney.
[01:34:47.080 --> 01:34:56.080]  All right, well, that helps me out a lot. Every time I call you here, y'all are always great help.
[01:34:56.080 --> 01:34:57.080]  Thank you.
[01:34:57.080 --> 01:35:00.080]  Much appreciated.
[01:35:00.080 --> 01:35:07.080]  Okay, so now we're going to go to Adrian in California.
[01:35:07.080 --> 01:35:14.080]  Oh, it looks like I might have just lost Adrian. Let me refresh my page.
[01:35:14.080 --> 01:35:22.080]  It looks like Adrian dropped off just as I was clicking on it. So we're going to go to Johnny in Texas.
[01:35:22.080 --> 01:35:24.080]  Johnny, what do you have for us?
[01:35:24.080 --> 01:35:26.080]  Hey, Randy.
[01:35:26.080 --> 01:35:34.080]  I just want to get your thoughts on something that I found in the local government code.
[01:35:34.080 --> 01:35:39.080]  Section 192.001, general items.
[01:35:39.080 --> 01:35:47.080]  Since the county clerk shall record each deed, mortgage, or other instrument that is required or permitted by law to be recorded.
[01:35:47.080 --> 01:35:50.080]  And then you go down to 192.00.
[01:35:50.080 --> 01:35:54.080]  Wait a minute. Say that again. That was local government code?
[01:35:54.080 --> 01:36:02.080]  Local government code section 192.001.
[01:36:02.080 --> 01:36:04.080]  One. Okay, now go ahead.
[01:36:04.080 --> 01:36:12.080]  Okay. So, and then you go down to 192.007, records of releases and other actions.
[01:36:12.080 --> 01:36:23.080]  A, to release, transfer, assign, or take another action relating to an instrument that is filed, registered, or recorded in the office of the county clerk.
[01:36:23.080 --> 01:36:35.080]  A person must file, register, or record another instrument relating to the action in the same manner as the original instrument was required to be filed, registered, or recorded.
[01:36:35.080 --> 01:36:44.080]  Now, that sounds to me like there's no, for applying that to, say, for example, an assignment of note and deed of trust.
[01:36:44.080 --> 01:37:01.080]  There may be no requirement to actually file that, but the way I interpret 192.007 is once you do, from then on, if you want to release, transfer, or assign it, you have to file in the county record another document in the same manner as the original.
[01:37:01.080 --> 01:37:05.080]  Yes, I am definitely going to want to look at that.
[01:37:05.080 --> 01:37:06.080]  Yes.
[01:37:06.080 --> 01:37:13.080]  Thank you for that. Will you go back and read 192.001 again?
[01:37:13.080 --> 01:37:30.080]  Yes, it's just very general. 192.001 is general items. The county clerk shall record each deed, mortgage, or other instruments that is required or permitted by law to be recorded.
[01:37:30.080 --> 01:37:35.080]  That places a duty on the clerk to do the file.
[01:37:35.080 --> 01:37:44.080]  Right, that means if it's an instrument that is either required or permitted by law to be recorded, the clerk shall do it.
[01:37:44.080 --> 01:37:54.080]  Good, because we've had, I've had an instance recently of a clerk not wanting to take a mechanic scene.
[01:37:54.080 --> 01:37:57.080]  Ah, well, that's definitely permitted by law.
[01:37:57.080 --> 01:38:04.080]  Absolutely. So good, I will definitely go to that section of local government code.
[01:38:04.080 --> 01:38:11.080]  And then just quickly, I'll move through this quickly. I know you have a short time and a lot of callers. I want to get your take on a situation.
[01:38:11.080 --> 01:38:25.080]  Back in late 2008, my home was foreclosed on and sold. I did not know that it was foreclosed and sold until a few months later when I got a summons to appear in eviction court.
[01:38:25.080 --> 01:38:45.080]  I raised all kinds of issues in eviction court, ultimately got the eviction case thrown out and based on the fact that the party that was claiming the forcible entry and detainer had done absolutely nothing that they were required to do under the text property code in terms of notice and service and all of that
[01:38:45.080 --> 01:38:59.080]  prior to filing the eviction suit and because they had failed to offer a hemp modification in compliance with federal regulations prior to taking any foreclosure action.
[01:38:59.080 --> 01:39:07.080]  So they said, well, you know, we can work with you. After all, we're going to, we're going to, you know, dismiss the eviction case.
[01:39:07.080 --> 01:39:19.080]  We are going to rescind, they did a full rescission of the sale and did a full reconvance of title and warranty deed and all of that back into my name.
[01:39:19.080 --> 01:39:32.080]  And they promised a hemp modification and they kept trying to get me to agree to this hemp modification, but they refused for several months to send me anything and writing on it.
[01:39:32.080 --> 01:39:40.080]  And they were very vague about, you know, what the terms would be. And I was very green at the time, you know, if I knew then what I knew now, I'd tell them, you know, shove that hemp.
[01:39:40.080 --> 01:39:58.080]  In any case, they didn't follow through with it. And they tried to foreclose again a second time, took him to court, kept him tied up in litigation for about two years, ultimately ended up letting that case go because that was my first civil case.
[01:39:58.080 --> 01:40:10.080]  And I was very green on certain things and I made some mistakes early on that were very difficult to recover. So I figured I would just let that one go and take what I learned and, you know, file another suit for quiet title.
[01:40:10.080 --> 01:40:23.080]  I did raise a lot of issues during, you know, the first case. It's been several months now and technically there's nothing stopping them from foreclosing, but they've been very quiet, haven't heard a peep out of them.
[01:40:23.080 --> 01:40:39.080]  And then in the last couple of months, I've been getting calls from the servicer or the alleged servicer from their hemp application documents department trying to get me to enter into another hemp agreement.
[01:40:39.080 --> 01:40:50.080]  Now, keep in mind that I've still been in the house and I haven't made any payments since March of 09. I kept him tied up for a little over two years in litigation.
[01:40:50.080 --> 01:41:03.080]  And I think that it's very, very interesting that now after all of this time and after everything that's transpired, they're coming back again and trying to get me in to enter into a hemp modification, which I'm not going to do for obvious reasons.
[01:41:03.080 --> 01:41:14.080]  But I just wanted to, it's very curious to me that, you know, they have for whatever reason decided to not go ahead and continue the path of trying to foreclose, they're trying to offer me yet another hemp.
[01:41:14.080 --> 01:41:17.080]  So I just wanted to get your thoughts on that.
[01:41:17.080 --> 01:41:23.080]  Most likely, one hand doesn't know what the other is doing.
[01:41:23.080 --> 01:41:27.080]  What bank is this?
[01:41:27.080 --> 01:41:32.080]  The alleged servicer is Wells Fargo.
[01:41:32.080 --> 01:41:50.080]  Have you looked at your, on your payments? You know, Wells Fargo entered into a settlement agreement recently because of their application, misapplication of payments.
[01:41:50.080 --> 01:42:03.080]  If your loan falls within that timeframe, they may be worried about foreclosing on you because of that.
[01:42:03.080 --> 01:42:06.080]  Especially since you fought them.
[01:42:06.080 --> 01:42:07.080]  Yeah.
[01:42:07.080 --> 01:42:13.080]  Because if you find it, then you may be able to go out there. That's just a guess.
[01:42:13.080 --> 01:42:24.080]  And the other thing, it may just be that one hand doesn't know what the other is doing. It may be that because you fought them so much, they're afraid even if they get the foreclosure.
[01:42:24.080 --> 01:42:31.080]  You're likely to find something in the future that will allow you to come back after them.
[01:42:31.080 --> 01:42:47.080]  Have you looked at all of the documents filed in the record and read every word of every document and traced all of the links and steps to make sure they all fit together?
[01:42:47.080 --> 01:43:01.080]  Yes, I have. I have certified copies of everything that's been filed and in discovery in my last case, I got 1,400 pages worth of stuff from Wells Fargo and there are a lot of links.
[01:43:01.080 --> 01:43:06.080]  Is MERS indicated on your deed of trust?
[01:43:06.080 --> 01:43:07.080]  Yep.
[01:43:07.080 --> 01:43:20.080]  As in the transfer section on your deed of trust, is the property transferred to MERS or to the trustee?
[01:43:20.080 --> 01:43:23.080]  To the trustee.
[01:43:23.080 --> 01:43:28.080]  Are there any assignments in the record?
[01:43:28.080 --> 01:43:39.080]  There's one assignment which is why I'm looking at 192.007 from not from the original lender, but from MERS to Wells Fargo.
[01:43:39.080 --> 01:43:42.080]  MERS as what?
[01:43:42.080 --> 01:43:43.080]  Oh, every.
[01:43:43.080 --> 01:43:48.080]  Okay, hang on. We're about to go to break. This is Randy Kelton and Steve and Zeta Craig.
[01:43:48.080 --> 01:44:00.080]  Here's my radio. We're about to go into our last segment. Got one more caller. Give us a call. 512-646-1984. We'll be right back.
[01:44:00.080 --> 01:44:09.080]  It is so enlightening to listen to 90.1 FM, but finding things on the Internet isn't so easy and neither is finding like-minded people to share it with.
[01:44:09.080 --> 01:44:12.080]  Oh, well, I guess you haven't heard of Brave New Books then.
[01:44:12.080 --> 01:44:13.080]  Brave New Books?
[01:44:13.080 --> 01:44:20.080]  Yes, Brave New Books has all the books and DVDs you're looking for by authors like Alex Jones, Ron Paul, and G. Albert Griffin.
[01:44:20.080 --> 01:44:24.080]  They even stock inner food, Berkey products, and Calvin Soaps.
[01:44:24.080 --> 01:44:26.080]  There's no way a place like that exists.
[01:44:26.080 --> 01:44:32.080]  Go check it out for yourself. It's downtown at 1904 Guadalupe Street, just south of UT.
[01:44:32.080 --> 01:44:35.080]  Oh, by UT? There's never anywhere to park down there.
[01:44:35.080 --> 01:44:43.080]  Actually, they now offer a free hour of parking for paying customers at the 500 MLK parking facility just behind the bookstore.
[01:44:43.080 --> 01:44:46.080]  It does exist, but when are they open?
[01:44:46.080 --> 01:44:51.080]  Monday through Saturday, 11 a.m. to 9 p.m. and 1 to 6 p.m. on Sundays.
[01:44:51.080 --> 01:45:00.080]  So get them a call at 512-480-2503 or check out their events page at bravenewbookstore.com.
[01:45:00.080 --> 01:45:03.080]  Are you the plaintiff or defendant in a lawsuit?
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[01:46:22.080 --> 01:46:31.080]  Some things in this world I will never understand, some things I realize fully.
[01:46:31.080 --> 01:46:39.080]  Somebody's on a police, a policeman, somebody's on a police, a bully.
[01:46:39.080 --> 01:46:44.080]  There's always a room at the top of the hill.
[01:46:44.080 --> 01:46:52.080]  I hear through the grapevine and it's lonely left to. They're wishing it was more than opposition to fail.
[01:46:52.080 --> 01:46:57.080]  They know that if they don't do it, somebody will.
[01:46:57.080 --> 01:47:05.080]  Some things in this world I will never understand, some things I realize fully.
[01:47:05.080 --> 01:47:13.080]  Somebody's on a police, a policeman, somebody's on a bully.
[01:47:13.080 --> 01:47:20.080]  Okay, we are back. Randy Kelton, Deborah Stevens, Eddie Craig, Rule of Law Radio.
[01:47:20.080 --> 01:47:27.080]  And we're talking to Johnny in Texas and we probably should do a show with Johnny as a guest.
[01:47:27.080 --> 01:47:30.080]  He seems to know more about this issue than I do.
[01:47:30.080 --> 01:47:34.080]  Then I could use some of his insights.
[01:47:34.080 --> 01:47:39.080]  But we were talking about the assignment.
[01:47:39.080 --> 01:47:44.080]  Look at the assignment closely.
[01:47:44.080 --> 01:47:46.080]  Oh, okay, here's where it could.
[01:47:46.080 --> 01:47:49.080]  MERS did the assignment.
[01:47:49.080 --> 01:47:52.080]  MERS is not the trustee.
[01:47:52.080 --> 01:47:53.080]  Correct.
[01:47:53.080 --> 01:47:58.080]  And now MERS could, MERS is simply the beneficiary.
[01:47:58.080 --> 01:48:01.080]  MERS is not the lender.
[01:48:01.080 --> 01:48:08.080]  So MERS is not the grantee and MERS is not the grand tour and MERS is not the trustee.
[01:48:08.080 --> 01:48:11.080]  MERS is merely beneficiary.
[01:48:11.080 --> 01:48:20.080]  So if I set up a trust and I put all my assets in the trust and I appoint a trustee,
[01:48:20.080 --> 01:48:36.080]  and then I appoint my children as beneficiaries and grant the children the right to change trustees.
[01:48:36.080 --> 01:48:39.080]  They can't do that directly.
[01:48:39.080 --> 01:48:50.080]  They have to order the trustee to replace the trustee because he's the one that holds the property and trust, not the beneficiary.
[01:48:50.080 --> 01:48:52.080]  And that's the problem with MERS.
[01:48:52.080 --> 01:49:02.080]  MERS has no power to change the trustee directly because if MERS does have power to change the trustee directly, then it's not a trust.
[01:49:02.080 --> 01:49:04.080]  It's a grant.
[01:49:04.080 --> 01:49:15.080]  Only the trustee can take these actions concerning the property because the property is held in trust by the trustee, not by MERS.
[01:49:15.080 --> 01:49:19.080]  So that's the issue I would raise that MERS doesn't have this power.
[01:49:19.080 --> 01:49:22.080]  MERS would have to direct the trustee to do it.
[01:49:22.080 --> 01:49:29.080]  Well, and on the issue of them being a beneficiary, I have a mountain of case law, which I'll be glad to send to you if you like,
[01:49:29.080 --> 01:49:40.080]  where numerous, numerous courts have ruled that MERS is not an economic beneficiary irrespective of whatever they say and whatever's in the deal.
[01:49:40.080 --> 01:49:45.080]  Yeah, but the problem with that is it doesn't create a cause of action.
[01:49:45.080 --> 01:49:49.080]  The problem is more the term nominee.
[01:49:49.080 --> 01:49:54.080]  A nominee equates in law to agent.
[01:49:54.080 --> 01:49:55.080]  That's what I was in there.
[01:49:55.080 --> 01:49:57.080]  That's what we have a problem with.
[01:49:57.080 --> 01:50:02.080]  Well, that's what I was just getting to in the assignments, which I'm looking at right now.
[01:50:02.080 --> 01:50:07.080]  They claim to be nominee for lender and lender successors and assigns.
[01:50:07.080 --> 01:50:15.080]  So by claiming to be a nominee, they're claiming to be an agent for someone else, but they don't identify the agency relationship.
[01:50:15.080 --> 01:50:20.080]  And in a lot of Texas case law, agency relationship cannot be presumed.
[01:50:20.080 --> 01:50:21.080]  It has to be shown.
[01:50:21.080 --> 01:50:29.080]  But while they are claiming to be a nominee for someone else in the four corners of this document, they're also claiming to be payee,
[01:50:29.080 --> 01:50:32.080]  original mortgagee and holder of the note and deed of trust.
[01:50:32.080 --> 01:50:37.080]  So how can they be acting as a nominee for someone else while at the same time?
[01:50:37.080 --> 01:50:49.080]  Okay, in that case, according to your deed of trust, see, there's a couple of different ways they're doing this.
[01:50:49.080 --> 01:50:59.080]  Most of the time when MERS is named as the nominee, there are also in the transfer section, the properties transferred to MERS.
[01:50:59.080 --> 01:51:09.080]  So they have filed this assignment assuming that the property was transferred to them and it was not.
[01:51:09.080 --> 01:51:10.080]  Correct.
[01:51:10.080 --> 01:51:18.080]  They are saying the holder of the note and the deed of trust and they are hereby assigning it over to Wells Fargo.
[01:51:18.080 --> 01:51:24.080]  And in fact, they are only the agent for who?
[01:51:24.080 --> 01:51:27.080]  Do they say who they're acting as agent for?
[01:51:27.080 --> 01:51:29.080]  No, that's what I was just saying.
[01:51:29.080 --> 01:51:33.080]  They say they're as nominee for lender and lender, successors and assigns.
[01:51:33.080 --> 01:51:35.080]  Well, that could be anyone and they don't specify.
[01:51:35.080 --> 01:51:36.080]  Okay.
[01:51:36.080 --> 01:51:40.080]  The affirmation section.
[01:51:40.080 --> 01:51:41.080]  Yep.
[01:51:41.080 --> 01:51:51.080]  The signature, who signed it and what is the authority stated for the signatory?
[01:51:51.080 --> 01:52:04.080]  That was done by David Seibold, assistant secretary of MERS who is in fact lead counsel for the attorney firm who is representing the servicers.
[01:52:04.080 --> 01:52:10.080]  So basically they reached across the line to try to transfer and assign the note and deed of trust to themselves.
[01:52:10.080 --> 01:52:11.080]  Exactly.
[01:52:11.080 --> 01:52:24.080]  This is an issue you can take under 51109 to the clerk of the court or if you can't get it done there, it's in 51903.
[01:52:24.080 --> 01:52:26.080]  Yeah, I'll believe me.
[01:52:26.080 --> 01:52:31.080]  I'm going to take that and about 200 other issues.
[01:52:31.080 --> 01:52:32.080]  Good.
[01:52:32.080 --> 01:52:33.080]  More is better.
[01:52:33.080 --> 01:52:38.080]  Have you looked at filing fraud charges against them?
[01:52:38.080 --> 01:52:45.080]  I have, but what I want to do, and as a matter of fact, that's what my first case was related to.
[01:52:45.080 --> 01:52:52.080]  But what I want to do at this point is really attack that assignment and take away their ability to foreclose.
[01:52:52.080 --> 01:52:54.080]  And then at my...
[01:52:54.080 --> 01:52:57.080]  Attack the assignment as fraud.
[01:52:57.080 --> 01:53:06.080]  Go to the prosecuting attorney and say, these guys are my Steven Scoundrels and I want you to arrest them.
[01:53:06.080 --> 01:53:10.080]  And file a complaint with him.
[01:53:10.080 --> 01:53:14.080]  And what he's going to do with it is give it to his investigator.
[01:53:14.080 --> 01:53:20.080]  And the investigator is going to call them and say, guys, this guy down here trying to get me to arrest you.
[01:53:20.080 --> 01:53:23.080]  You want to tell me why I shouldn't arrest you?
[01:53:23.080 --> 01:53:27.080]  The prosecutor is not going to take any action.
[01:53:27.080 --> 01:53:35.080]  But he's going to have to develop for himself closability and liability by saying that he investigated into the accusation.
[01:53:35.080 --> 01:53:40.080]  And found no substance and decided to take no action.
[01:53:40.080 --> 01:53:47.080]  And in order to establish that he investigated, he'll have his investigator call and do a little song and dance.
[01:53:47.080 --> 01:53:51.080]  This is going to scared up a Jesus out of him.
[01:53:51.080 --> 01:53:52.080]  I know it will.
[01:53:52.080 --> 01:53:55.080]  And I've been looking for...
[01:53:55.080 --> 01:54:01.080]  Now that I really comprehend it, I've been looking for a good opportunity to run the routine on some of these pirates.
[01:54:01.080 --> 01:54:04.080]  And I think this is where I'm going to start.
[01:54:04.080 --> 01:54:05.080]  Good. Good.
[01:54:05.080 --> 01:54:08.080]  And the more subtle it is, the better.
[01:54:08.080 --> 01:54:11.080]  Because you really don't want him prosecuting the guy.
[01:54:11.080 --> 01:54:15.080]  Because he's going to have to fight you and prove he didn't commit fraud.
[01:54:15.080 --> 01:54:21.080]  But if you don't actually get prosecuted, you just get him to wave it in their face.
[01:54:21.080 --> 01:54:24.080]  Now they've got a reason to come to the table.
[01:54:24.080 --> 01:54:26.080]  Yeah.
[01:54:26.080 --> 01:54:29.080]  Okay. If you have any more, we are quickly running out of time.
[01:54:29.080 --> 01:54:31.080]  Yeah. You only got an hour left.
[01:54:31.080 --> 01:54:35.080]  I don't want to take everyone's time. So I'll drop off. I appreciate it, Randy.
[01:54:35.080 --> 01:54:41.080]  Okay. Why don't you call in tomorrow and we can kick some interesting stuff back and forth.
[01:54:41.080 --> 01:54:42.080]  Okay. We'll do it.
[01:54:42.080 --> 01:54:43.080]  Hey, Randy.
[01:54:43.080 --> 01:54:44.080]  Yes.
[01:54:44.080 --> 01:54:47.080]  Take Ray as our next caller, please.
[01:54:47.080 --> 01:54:48.080]  Thanks, guys.
[01:54:48.080 --> 01:54:50.080]  Didn't we have Adrian?
[01:54:50.080 --> 01:54:51.080]  Okay. Thank you, Johnny.
[01:54:51.080 --> 01:54:54.080]  Adrian was on and dropped off.
[01:54:54.080 --> 01:54:57.080]  Yeah. But Ray was on before that and also dropped off.
[01:54:57.080 --> 01:55:00.080]  Oh, okay. Okay. We'll go to Ray.
[01:55:00.080 --> 01:55:04.080]  Okay. We are going to Ray in Texas.
[01:55:04.080 --> 01:55:06.080]  Ray, what do you have for us today?
[01:55:06.080 --> 01:55:08.080]  Okay, Randy. Hey, Eddie.
[01:55:08.080 --> 01:55:10.080]  I thought Eddie would find this interesting.
[01:55:10.080 --> 01:55:17.080]  I got a call from my attorney on the case that I'm dealing with right now.
[01:55:17.080 --> 01:55:24.080]  And my attorney went to reset the case because we haven't gotten the video yet.
[01:55:24.080 --> 01:55:40.080]  Well, the prosecuting attorney told my attorney that upon careful inspection of the current information that they have decided to reconsider their position.
[01:55:40.080 --> 01:55:43.080]  Another one is not going to prosecute.
[01:55:43.080 --> 01:55:44.080]  Exactly.
[01:55:44.080 --> 01:55:48.080]  Did he trip over anything running backwards?
[01:55:48.080 --> 01:55:50.080]  Exactly. Exactly.
[01:55:50.080 --> 01:56:00.080]  I was like, well, I mean, the video is going to prove it all. I think they probably have seen the video and that's what they're probably scared of because, I mean, these guys were on such a power trip.
[01:56:00.080 --> 01:56:07.080]  They did everything wrong. We still got to deal with the DPS officer assaulting me.
[01:56:07.080 --> 01:56:12.080]  No. Once they dismiss, then you need to go back after them.
[01:56:12.080 --> 01:56:13.080]  Oh, yeah.
[01:56:13.080 --> 01:56:17.080]  Don't let them get away with this. Make them pay for it.
[01:56:17.080 --> 01:56:18.080]  Oh, yeah.
[01:56:18.080 --> 01:56:26.080]  They're probably like my prosecutor was when I went in to talk to him and he's sitting with his head in his hand and I said, what's the matter, Greg?
[01:56:26.080 --> 01:56:36.080]  And he shows me this video of a cop, a DPS showing a guy how to take the sobriety test and he trips and falls down.
[01:56:36.080 --> 01:56:39.080]  He said the cop failed a sobriety test.
[01:56:39.080 --> 01:56:43.080]  What am I going to do with this?
[01:56:43.080 --> 01:56:48.080]  Okay. Is that it? We've got to move quickly. We've got about three callers and just a couple of minutes.
[01:56:48.080 --> 01:56:50.080]  Yeah, that's it.
[01:56:50.080 --> 01:56:55.080]  Okay. That is wonderful news. Keep us up to date on what goes on.
[01:56:55.080 --> 01:56:58.080]  Oh, I will. I will.
[01:56:58.080 --> 01:57:09.080]  Okay. Thank you. Now we're going to go to Adrian in California. Adrian, you dropped off the last time just as I clicked on your name to unmute you.
[01:57:09.080 --> 01:57:11.080]  Okay. What do you have for us?
[01:57:11.080 --> 01:57:14.080]  Okay. I had a question about...
[01:57:14.080 --> 01:57:18.080]  Okay. We've got a minute and a half, so go quickly.
[01:57:18.080 --> 01:57:31.080]  Okay. I had a question about administrative parking tickets. I wanted to know what other issues I can raise besides the bill of paint and penalty.
[01:57:31.080 --> 01:57:32.080]  Eddie?
[01:57:32.080 --> 01:57:37.080]  Did you check the city ordinance to see who the traffic regulations apply to?
[01:57:37.080 --> 01:57:47.080]  I did check the municipal code that was written down for it, but that's all I checked.
[01:57:47.080 --> 01:57:54.080]  Okay. And who did it say that the traffic regulations apply to?
[01:57:54.080 --> 01:57:59.080]  Well, I guess it was to me.
[01:57:59.080 --> 01:58:03.080]  You need to go back and read it again, Adrian. That's not the right answer.
[01:58:03.080 --> 01:58:05.080]  Okay.
[01:58:05.080 --> 01:58:12.080]  All right. Take a look at it again and call back in on Friday. All right.
[01:58:12.080 --> 01:58:13.080]  Okay.
[01:58:13.080 --> 01:58:15.080]  All right. Thanks for calling in.
[01:58:15.080 --> 01:58:21.080]  Fred, sorry we don't have time to get to you. You can call in tomorrow night as well, please, and we'll deal with you then.
[01:58:21.080 --> 01:58:25.080]  Everybody, thanks for listening. This has been Rule of Law Radio.
[01:58:25.080 --> 01:58:32.080]  This is Eddie Craig with my co-host, Randall Kelton and Deborah Stevens. Thank you all so much for listening.
[01:58:32.080 --> 01:58:34.080]  Guys, any last words?
[01:58:34.080 --> 01:58:44.080]  Yep. Just call in tomorrow night, 502-646-1984. We take your calls. We have our four-hour train, so we'll have plenty of time.
[01:58:44.080 --> 01:58:50.080]  Thank you for listening and good night.
[01:58:50.080 --> 01:58:57.080]  Bibles for America is offering absolutely free, a unique study Bible called the New Testament Recovery Version.
[01:58:57.080 --> 01:59:08.080]  The New Testament Recovery Version has over 9,000 footnotes that explain what the Bible says verse by verse, helping you to know God and to know the meaning of life.
[01:59:08.080 --> 01:59:20.080]  Order your free copy today from Bibles for America. Call us toll-free at 888-551-0102 or visit us online at bfa.org.
[01:59:20.080 --> 01:59:30.080]  This translation is highly accurate and it comes with over 13,000 cross-references, plus charts and maps and an outline for every book of the Bible.
[01:59:30.080 --> 01:59:41.080]  This is truly a Bible you can understand. To get your free copy of the New Testament Recovery Version, call us toll-free at 888-551-0102.
[01:59:41.080 --> 01:59:49.080]  That's 888-551-0102 or visit us online at bfa.org.
[01:59:49.080 --> 01:59:59.080]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.