ROL_2012-11-09_16k_Hr1-2.timecode

[00:00.000 --> 00:07.000]  Do you have trouble selling your ideas and winning people over to your point of view?
[00:07.000 --> 00:16.000]  And Dr. Catherine Albrecht, and if you'd like to speak more influentially, I've got an easy tip that can make you look and sound more persuasive right after this.
[00:16.000 --> 00:22.000]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[00:22.000 --> 00:27.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[00:27.000 --> 00:32.000]  So protect your rights. Say no to surveillance and keep your information to yourself.
[00:32.000 --> 00:45.000]  Privacy. It's worth hanging on to. This message is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing. Start over with StartPage.
[00:45.000 --> 00:54.000]  Negotiating. It's an art few of us ever master. If you have trouble convincing others to come around to your viewpoint, you may need to change the way you speak.
[00:54.000 --> 01:05.000]  Eric Barker, a blogger on human behavior, says one key to influencing others is consistency of tone. Stuttering, long pauses, and varying pitch in your voice do not inspire confidence.
[01:05.000 --> 01:16.000]  A consistently narrow total range, he says, conveys control and certainty. Whether giving a presentation or negotiating a salary increase with your boss, it can give you an edge.
[01:16.000 --> 01:21.000]  It signals focus and determination, qualities people associate with winners.
[01:21.000 --> 01:34.000]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[01:34.000 --> 01:43.000]  Europe has ordered Facebook to delete all facial recognition data it has collected on users and non-users alike, a clear victory for privacy and cyberspace.
[01:43.000 --> 01:48.000]  I'm Dr. Catherine Albrecht, back with the details on this mandate in a moment.
[01:48.000 --> 01:59.000]  Privacy is under attack. When you give up data about yourself, you'll never get it back again. And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:59.000 --> 02:07.000]  So protect your rights. Say no to surveillance and keep your information to yourself. Privacy. It's worth hanging on to.
[02:07.000 --> 02:17.000]  This message is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing. Start over with StartPage.
[02:17.000 --> 02:28.000]  One of the creepier Facebook features is their built-in facial recognition application that stores users' photos, along with those people who just happen to be standing in the background.
[02:28.000 --> 02:40.000]  Thankfully, the European Union is challenging this invasive behavior by ordering Facebook to delete all facial recognition data collected from European users and to switch off the feature for good across Europe.
[02:40.000 --> 02:49.000]  Officials in Ireland and Germany said the social media site was breaking European privacy laws by setting people's images without their consent. Good move.
[02:49.000 --> 02:52.000]  My only question is, what are the rest of us waiting for?
[02:52.000 --> 03:11.000]  I'm Dr. Cameron Albrecht for StartPage.com, the world's most private search engine.
[03:22.000 --> 03:35.000]  What's she gonna do? What's she gonna do? Bad boys, bad boys. What's she gonna do? What's she gonna do when they come for you? Bad boys, bad boys.
[03:35.000 --> 03:45.000]  What's she gonna do? What's she gonna do when they come for you? When you were eight and you had bad grades, you'd go to school and learn the golden rules.
[03:45.000 --> 03:52.000]  So why are you acting like a bloody fool? If you get mad, then you must get cool, bad boys, bad boys.
[03:52.000 --> 04:03.000]  Get cool, get cool. This is Randy Kelton, Debra Stevens and Craig, move our radio down here in Texas in November trying to get cool.
[04:03.000 --> 04:22.000]  It is Friday, November the 9th, our four hour info marathon and I am gonna spend the first hour to hour and a half doing an archives.
[04:22.000 --> 04:45.000]  I'm gonna address the foreclosure issue essentially from front to back as we're working it now and I will be presenting this, when I say I'm presenting as an archive as a recording that someone can download and listen to over and over
[04:45.000 --> 05:03.000]  because I will try to go through everything kind of in a sequential order so I'm hoping everything makes sense so that people listen to this.
[05:03.000 --> 05:10.000]  Sorry about that. I'm in a place at the moment where I can't block out all that sound.
[05:10.000 --> 05:15.000]  And it is Friday night after all and all the teenagers I guess are out there.
[05:15.000 --> 05:34.000]  Okay, I'm gonna talk about the mortgage predicament that we're in and how we have progressed and some of the tools we can use to protect ourselves with or to fight a mortgage and maybe save our property.
[05:34.000 --> 05:44.000]  In 1907 there was a major stock market crash that was caused because of something they called bucket shops.
[05:44.000 --> 05:54.000]  And these bucket shops were places where you could go into and bet on a stock whether it would increase or decrease without actually having to purchase the stock.
[05:54.000 --> 06:03.000]  And this kind of unbridled speculation caused the stock market crash in 1907.
[06:03.000 --> 06:14.000]  So the legislature passed a law that forbade that kind of action on the securities markets.
[06:14.000 --> 06:31.000]  Then in 1929, because the banks were speculating in the stock market with depositors funds, there was a major stock market crash that we all are very well aware of.
[06:31.000 --> 06:40.000]  And after the crash of 1929, the legislature passed the Glass-Steagall Act.
[06:40.000 --> 06:52.000]  Now the Glass-Steagall Act specifically forbade the banks from trading in the, from speculating in the markets with depositor funds.
[06:52.000 --> 07:02.000]  And that protected us pretty well until the late 90s.
[07:02.000 --> 07:16.000]  1995, a bunch of bankers got together in a bunch of the largest banks and put together a company called MERS, Mortgage Electronic Registration Systems,
[07:16.000 --> 07:23.000]  for the purpose of providing essentially an alternative to the county registrar's office.
[07:23.000 --> 07:37.000]  A place where they, where lenders could register changes in holdership of a note without filing it into the county record.
[07:37.000 --> 07:51.000]  What the speculation was, what the, the business model was, is that MERS would be named as essentially a universal agent.
[07:51.000 --> 08:01.000]  And they called him, called MERS a nominee for the, the lender and the lender's successors and the signs.
[08:01.000 --> 08:08.000]  Now in 1995, when they put MERS together, the Glass-Steagall Act was still in place.
[08:08.000 --> 08:23.000]  So the banks couldn't trade mortgage-backed securities on the securities market, but clearly they were planning to do that when they put together MERS.
[08:23.000 --> 08:43.000]  Then in 1999, the legislature apparently, due to major lobbying by the banks and the big money people, repealed the Glass-Steagall Act.
[08:43.000 --> 08:54.000]  And then in the year 2000, the last thing the legislature did before it closed, signed I, that means it's not signed on this day, it dies.
[08:54.000 --> 09:02.000]  They revoked the prohibition against the sale of securities.
[09:02.000 --> 09:06.000]  Now I'm not saying this was a conspiracy. I hate conspiracies.
[09:06.000 --> 09:24.000]  I have to deal with them because they're real, but I resisted the implication that all of this real estate carnage was the result of conscious deliberation.
[09:24.000 --> 09:36.000]  But when you compare the history in the early part of the century to what occurred in the late part of the century, it seems relatively clear.
[09:36.000 --> 09:47.000]  These two measures that were in place to keep these things from happening were removed and it took the bankers eight years to crash the market again.
[09:47.000 --> 09:56.000]  Perhaps the biggest in history, it's not over yet. It's still in the process of crashing.
[09:56.000 --> 10:05.000]  But what this led to, it allowed the bankers to take a note that they had written.
[10:05.000 --> 10:14.000]  A lender could write a note and then bundle the note or sell the note to someone else or trade it to someone else.
[10:14.000 --> 10:25.000]  They could then bundle it into a pool of similar notes to create a large investment pool.
[10:25.000 --> 10:37.000]  We had a lot of retirement funds with large amounts of money to invest over a long period of time.
[10:37.000 --> 10:46.000]  And it appeared as though real estate back mortgages were the perfect vehicle for those investments.
[10:46.000 --> 10:52.000]  So they put together this marketing package.
[10:52.000 --> 11:01.000]  A lender would become an issuer for Ginny Mae. Ginny Mae is the one that backed these pools.
[11:01.000 --> 11:05.000]  An issuer and a compliance officer.
[11:05.000 --> 11:19.000]  The lender would then create a note and then assign that note to a pool and that the lender himself created.
[11:19.000 --> 11:28.000]  In order to get the note put into the pool, the lender would have to send all the documentation to a document custodian.
[11:28.000 --> 11:35.000]  And the document custodian would certify to Ginny Mae that the note met the requirements of the pool.
[11:35.000 --> 11:41.000]  Each pool could only hold notes with a single interest rate.
[11:41.000 --> 11:46.000]  So a lender would have a number of pools.
[11:46.000 --> 11:50.000]  Often there could be as little as three notes in a pool.
[11:50.000 --> 12:03.000]  And then the lender would take the pools, bundle them together and sell them to a pass through,
[12:03.000 --> 12:08.000]  bundle them into a pass through trust through a special purpose vehicle.
[12:08.000 --> 12:20.000]  The special purpose vehicle was put together for the purpose of collecting these notes into a single investment entity.
[12:20.000 --> 12:26.000]  They would put together what they called a pass through trust.
[12:26.000 --> 12:35.000]  And then they would file that trust with the IRS as a real estate mortgage investment conduit.
[12:35.000 --> 12:40.000]  And that was, that's going by the IRS code.
[12:40.000 --> 12:43.000]  I think it's 386 or something like that.
[12:43.000 --> 12:46.000]  I'll use the exact number, but there's a, that's high.
[12:46.000 --> 12:51.000]  That's very, that's regulated by the IRS because if you file something into a RIMIC,
[12:51.000 --> 12:59.000]  the lenders would get a very large tax break on the investment conduit.
[12:59.000 --> 13:10.000]  Well, then they would take this RIMIC and market it to large investment portfolios.
[13:10.000 --> 13:15.000]  And the portfolios generally wouldn't buy the entire RIMIC, they buy a portion of it.
[13:15.000 --> 13:20.000]  So they'd cut slices or percentages off, they call them tranches.
[13:20.000 --> 13:27.000]  If you study this area, you'll hear these terms and there's a couple of terms that are likely not to recognize.
[13:27.000 --> 13:36.000]  One of them tranches and a tranche is just a slice off of the pool.
[13:36.000 --> 13:53.000]  The reason they needed some vehicle like MERS is that a change in the beneficial interest of the note was required to be noticed to the grantor on the deed of trust
[13:53.000 --> 13:59.000]  and the lender on the note.
[13:59.000 --> 14:05.000]  And it had to be filed, the change had to be filed with kind of registrar's office.
[14:05.000 --> 14:15.000]  Well, they put MERS in place so they could avoid that, so that MERS could stand as a strawman holder.
[14:15.000 --> 14:22.000]  MERS as a nominee for the lender and all of the lender's successors and assigns.
[14:22.000 --> 14:34.000]  So it was the idea that MERS would stand there up in front as the strawman holder of the note and stand and pretend it's actually holding the note.
[14:34.000 --> 14:40.000]  And then the lender could go behind MERS and sell it back and forth all they wanted to.
[14:40.000 --> 14:46.000]  That may have worked out all right if everyone had done their job.
[14:46.000 --> 14:57.000]  And in researching all this going on, there is a lot of evidence to indicate that this was an intentional fraud.
[14:57.000 --> 15:07.000]  But there's also a lot to indicate that it's not all exactly intentional fraud.
[15:07.000 --> 15:13.000]  There's more going on here and I'll get to that a little later.
[15:13.000 --> 15:25.000]  But the primary structure of how they did things appeared to be that a special purpose vehicle,
[15:25.000 --> 15:29.000]  a bunch of guys put together this special purpose vehicle.
[15:29.000 --> 15:37.000]  And what the original claim was is that the special purpose vehicle would go to one of the big banks,
[15:37.000 --> 15:47.000]  Wells Fargo, at the time Washington Mutual, JPMorgan Chase, HSBC, a couple others,
[15:47.000 --> 15:52.000]  and secure a short-term loan of a large amount of money.
[15:52.000 --> 16:01.000]  Use this money to purchase a group of notes to bundle into a pass-through trust.
[16:01.000 --> 16:19.000]  And then they would file this pass-through trust as a RIMIC and then sell off the amounts to the investment, whatever funds invested in them.
[16:19.000 --> 16:27.000]  And then they'd pay back their loan from the big banks.
[16:27.000 --> 16:33.000]  Well, there are a number of things that went on, so it's a little bit complex to put all the pieces together.
[16:33.000 --> 16:37.000]  I mean, it's taken me a long time to get the pieces together where it makes sense.
[16:37.000 --> 16:45.000]  And I will pick this back up on the other side of how there were two or three avenues of things going on at the same time
[16:45.000 --> 16:49.000]  that led to a lot of the confusion we're experiencing now.
[16:49.000 --> 16:51.000]  This is Randy Kelton, David Stevenson, Eddie Craig.
[16:51.000 --> 16:59.000]  Reels of our radio. We'll be right back.
[17:22.000 --> 17:24.000]  Tangerine.
[17:24.000 --> 17:27.000]  And we're all breaking.
[17:27.000 --> 17:29.000]  Tangerine.
[17:29.000 --> 17:31.000]  Tangerine.
[17:31.000 --> 17:33.000]  Tangerine.
[17:33.000 --> 17:35.000]  We're all breaking.
[17:35.000 --> 17:37.000]  Tangerine.
[17:37.000 --> 17:39.000]  Tangerine.
[17:39.000 --> 17:59.000]  Tangerine.
[17:59.000 --> 18:01.000]  Tangerine.
[18:01.000 --> 18:03.000]  Tangerine.
[18:03.000 --> 18:23.000]  Tangerine.
[18:23.000 --> 18:27.640]  mail or court summons, how to answer letters and phone calls, how to get debt collectors
[18:27.640 --> 18:32.200]  out of your credit reports, how to turn the financial tables on them and make them pay
[18:32.200 --> 18:33.800]  you to go away.
[18:33.800 --> 18:38.920]  The Michael Mearris proven method is the solution for how to stop debt collectors.
[18:38.920 --> 18:41.040]  Personal consultation is available as well.
[18:41.040 --> 18:46.600]  For more information, please visit ruleoflawradio.com and click on the blue Michael Mearris banner
[18:46.600 --> 18:49.560]  or email Michael Mearris at yahoo.com.
[18:49.560 --> 18:59.560]  Visit ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-n at yahoo.com to learn how to stop debt collectors next.
[19:19.560 --> 19:30.560]  Okay, we are back with Randy Calderon, Debra Steepen, Teddy Craig, Ligla Radio.
[19:30.560 --> 19:37.800]  Debra and Eddie have the night off, he's stuck with me all night and I'm talking about the
[19:37.800 --> 19:41.320]  foreclosure crisis.
[19:41.320 --> 19:49.920]  When we went out, we were at the point to where the special purpose of the vehicle bundles
[19:49.920 --> 19:58.600]  all of these notes into a pastor trust and they sell them to the investors.
[19:58.600 --> 20:15.640]  So the common knowledge was of what we were told and led to expect was that the lender,
[20:15.640 --> 20:23.920]  being a mortgage company, would extend the funds to purchase the deed of trial, I mean
[20:23.920 --> 20:35.320]  the warranty deed and then at closing would transfer the warranty deed to the buyer in
[20:35.320 --> 20:39.240]  trade for a promise to pay.
[20:39.240 --> 20:47.800]  Now the first thing that was hidden from us that we thought we knew what was going on
[20:47.800 --> 20:55.480]  and we had no clue, the first thing we thought was that the lender was the lender.
[20:55.480 --> 21:03.680]  The lender acted like the lender and the lender said he was the lender but it turns out for
[21:03.680 --> 21:06.480]  the most part he was not.
[21:06.480 --> 21:13.040]  If you think back about all of these mortgage companies, if you look through the records
[21:13.040 --> 21:17.960]  of the mortgage companies, the vast majority of them are gone and went out of business.
[21:17.960 --> 21:29.360]  You have all these mortgage companies bankrupting during a period of absolute incredible growth
[21:29.360 --> 21:41.240]  in the real estate market and the growth was caused by the lenders extending loans to people
[21:41.240 --> 21:49.400]  that absolutely should not have extended loans to so that they would go to people who were
[21:49.400 --> 21:58.960]  in good stable loans that they got into under the restrictions of the Glass-Steagall Act
[21:58.960 --> 22:03.120]  so that they got into houses they could afford and were paying off their loans and building
[22:03.120 --> 22:10.080]  equity and these bankers put together this new program where they could make incredible
[22:10.080 --> 22:19.800]  amounts of money at our expense and what they needed from us was a promise to pay.
[22:19.800 --> 22:23.000]  They needed that promise to pay so they could sell it.
[22:23.000 --> 22:30.920]  Now we have a lot of people in the legal reform community saying that there was no money and
[22:30.920 --> 22:40.080]  those who are saying there was no money have drank the Kool-Aid and I'm not saying that
[22:40.080 --> 22:45.160]  to be mean or difficult but they missed the whole point altogether.
[22:45.160 --> 22:54.360]  They're making an argument about the Federal Reserve and the common belief was is that
[22:54.360 --> 23:02.480]  it was your signature that created the money that when you signed the signature the Federal
[23:02.480 --> 23:09.600]  Reserve would create that money out of thin air and give it to the lender with the implication
[23:09.600 --> 23:14.040]  that when the money came back the lender kept it.
[23:14.040 --> 23:18.760]  Well, that was a misunderstanding about how the reserve worked.
[23:18.760 --> 23:27.200]  The lender stood as a licensed lender regulated by the Federal Government and all of these
[23:27.200 --> 23:33.360]  lenders had to have a Federal Reserve account and if they put a billion dollars in a Federal
[23:33.360 --> 23:41.440]  Reserve account through a factoring they could lend out ten times that amount.
[23:41.440 --> 23:51.040]  So they would get a contract and then on the signature of the borrower on the promissory
[23:51.040 --> 23:57.320]  note then they would provide that to the Federal Reserve and the Federal Reserve would issue
[23:57.320 --> 24:02.560]  to them funds and the guys in legal reform looked at that and said they were issuing
[24:02.560 --> 24:06.080]  funds and they thought they were just creating them but they weren't.
[24:06.080 --> 24:12.120]  They were drawing the funds out of the lender's Federal Reserve account and then when the lender
[24:12.120 --> 24:16.160]  either sold the note or the note was paid off they put the money back in the Federal
[24:16.160 --> 24:19.280]  Reserve account.
[24:19.280 --> 24:25.600]  At least that's what they intended that everyone believe.
[24:25.600 --> 24:30.080]  As it turned out that's not what was happening at all.
[24:30.080 --> 24:36.200]  We had the story that the SPV, the Special Purpose Vehicle people got a loan from the
[24:36.200 --> 24:44.520]  big banks and used that money to fund the lender.
[24:44.520 --> 24:49.720]  That it wasn't the lender who provided the funds but the holder of the Special Purpose
[24:49.720 --> 24:58.080]  Vehicle people who bought the note from the lender so that the lender never owned the
[24:58.080 --> 25:03.040]  note to start with so we hear a lot of stuff about the lender selling the note.
[25:03.040 --> 25:09.760]  Well not exactly because he didn't own it in the first place.
[25:09.760 --> 25:14.560]  When he created the note he did not produce the funds from his Federal Reserve account.
[25:14.560 --> 25:22.600]  The funds came from the Special Purpose Vehicle and the problem with that is the Special Purpose
[25:22.600 --> 25:28.560]  Vehicle was not borrowing these funds from the major banks.
[25:28.560 --> 25:35.720]  Washington Mutual was put out of business because they had the audacity to compete with
[25:35.720 --> 25:40.000]  the CIA in the drug trade.
[25:40.000 --> 25:45.840]  By laundering money from the drug cartels the money did not come from the Federal Reserve.
[25:45.840 --> 25:51.440]  They used the lender as a front to give the impression that the money was coming from
[25:51.440 --> 25:56.680]  a legal source when in fact it was not.
[25:56.680 --> 26:02.520]  It was coming from a highly illegal source and they were using this process to launder
[26:02.520 --> 26:09.640]  money and we were, everybody was told the banks put out this story that this was the
[26:09.640 --> 26:12.080]  largest Ponzi scheme in the history of mankind.
[26:12.080 --> 26:17.800]  Well it may have been a Ponzi scheme but that wasn't the primary purpose.
[26:17.800 --> 26:22.720]  It was really the biggest money laundering scheme in the history of mankind because the
[26:22.720 --> 26:28.560]  money would come into the market under the guys coming in under the Federal Reserve when
[26:28.560 --> 26:34.360]  actually it's coming from the drug cartels and it was paid back and now it's laundered.
[26:34.360 --> 26:42.320]  Part of the problem here is these guys were really dirty rotten scoundrels.
[26:42.320 --> 26:49.000]  Use and liars and they just couldn't do it right, they couldn't help themselves.
[26:49.000 --> 26:53.320]  It's like the story of the frog and the scorpion.
[26:53.320 --> 26:59.480]  The scorpion stung the frog that killed them both because he was a scorpion and he just
[26:59.480 --> 27:01.680]  couldn't help himself.
[27:01.680 --> 27:07.840]  These special purpose vehicles, there are two things that happened here.
[27:07.840 --> 27:17.440]  First, the lender created these notes using predatory lending practices and they didn't
[27:17.440 --> 27:18.440]  care.
[27:18.440 --> 27:22.280]  They didn't care if you couldn't pay the note back because they did not want you to
[27:22.280 --> 27:25.480]  pay the note back.
[27:25.480 --> 27:27.760]  Now I know that sounds counterintuitive.
[27:27.760 --> 27:33.480]  Why would God give me two, three, four, five hundred thousand dollars to purchase a house
[27:33.480 --> 27:35.640]  and not want me to pay it back?
[27:35.640 --> 27:42.040]  Well, the reason they didn't want you to pay it back is that the lender would take the
[27:42.040 --> 27:51.640]  note and put it in a pool, send all the paperwork to the document custodian so that the document
[27:51.640 --> 27:58.160]  custodian could certify that the note met the requirements of the pool.
[27:58.160 --> 28:07.000]  Well, what would keep the lender from taking that same note, changing the interest on it
[28:07.000 --> 28:10.120]  and sticking it in another pool?
[28:10.120 --> 28:17.520]  Well, one thing is if the note failed and he had to pay all this money back.
[28:17.520 --> 28:21.520]  Well, that was a problem.
[28:21.520 --> 28:27.800]  Being able to put these into pools and sell them on the securities market was author of
[28:27.800 --> 28:34.120]  those allowed when the legislature repealed the Glass Steel Act.
[28:34.120 --> 28:39.040]  But they needed one more tool to make this scheme work.
[28:39.040 --> 28:43.640]  And that was the removal of the restriction against derivatives.
[28:43.640 --> 28:51.480]  And what the derivatives were in this permutation were insurance policies, anyone out there
[28:51.480 --> 28:56.040]  who has a mortgage.
[28:56.040 --> 29:08.720]  And on the HUD 1 settlement statement, there is listed a payment for private mortgage insurance.
[29:08.720 --> 29:16.480]  You only have to get private mortgage insurance if you don't put at least 20% down.
[29:16.480 --> 29:24.600]  Anybody out there who has that in their contract, do you have the mortgage insurance policy?
[29:24.600 --> 29:29.760]  So far, I've never found anybody who had one.
[29:29.760 --> 29:41.080]  If you look in the deed of trust at Covenant 14, still in Covenant 10, it talks about private
[29:41.080 --> 29:42.080]  mortgage insurance.
[29:42.080 --> 29:45.880]  And I'll go to that when we come back on the other side.
[29:45.880 --> 29:49.880]  This is Randy Kelton, Deborah Stevens, Eddie Craig, Wheel of Law Radio.
[29:49.880 --> 29:52.400]  We have the phones off for the moment.
[29:52.400 --> 29:55.280]  We'll turn them on when I finish this.
[29:55.280 --> 30:00.040]  We'll be right back on the other side.
[30:00.040 --> 30:05.400]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[30:05.400 --> 30:07.760]  The government says that fire brought it down.
[30:07.760 --> 30:12.480]  However, 1,500 architects and engineers have concluded it was a controlled demolition.
[30:12.480 --> 30:16.480]  Over 6,000 of my fellow service members have given their lives and thousands of my fellow
[30:16.480 --> 30:17.920]  force responders have died.
[30:17.920 --> 30:19.280]  I'm not a conspiracy theorist.
[30:19.280 --> 30:20.280]  I'm a structural engineer.
[30:20.280 --> 30:21.760]  I'm a New York City correction officer.
[30:21.760 --> 30:22.760]  I'm an Air Force pilot.
[30:22.760 --> 30:24.440]  I'm a father who lost his son.
[30:24.440 --> 30:27.000]  We're Americans, and we deserve the truth.
[30:27.000 --> 30:30.640]  Go to RememberBuilding7.org today.
[30:30.640 --> 30:36.560]  HempUSA.org has moved and expanded its operations for faster worldwide shipping.
[30:36.560 --> 30:42.080]  Our product line has grown from five to nearly 100 items in less than five years.
[30:42.080 --> 30:46.320]  Our food has grown naturally, always chemical-free, not found in stores.
[30:46.320 --> 30:50.840]  Great for daily intake and perfect for your emergency storage shelter.
[30:50.840 --> 30:58.840]  Call 908-6912608 or visit hempusa.org and see what our powders, seeds, and oil can do
[30:58.840 --> 30:59.840]  for you.
[30:59.840 --> 31:05.720]  It is so enlightening to listen to 90.1 FM, but finding things on the Internet isn't
[31:05.720 --> 31:09.520]  so easy, and neither is finding like-minded people to share it with.
[31:09.520 --> 31:12.640]  Oh, well, I guess you haven't heard of Brave New Books then.
[31:12.640 --> 31:13.640]  Brave New Books?
[31:13.640 --> 31:14.640]  Yes.
[31:14.640 --> 31:18.840]  Brave New Books has all the books and DVDs you're looking for by authors like Alex Jones,
[31:18.840 --> 31:20.840]  Ron Paul, and G. Albert Griffin.
[31:20.840 --> 31:24.120]  They even stock inner food, Berkey products, and Calvin Soaps.
[31:24.120 --> 31:27.160]  There's no way a place like that exists.
[31:27.160 --> 31:28.600]  Go check it out for yourself.
[31:28.600 --> 31:32.600]  It's downtown at 1904 Guadalupe Street, just south of UT.
[31:32.600 --> 31:33.600]  Oh, by UT?
[31:33.600 --> 31:36.200]  There's never anywhere to park down there.
[31:36.200 --> 31:41.600]  Actually, they now offer a free hour of parking for paying customers at the 500 MLK parking
[31:41.600 --> 31:43.600]  facility just behind the bookstore.
[31:43.600 --> 31:47.560]  It does exist, but when are they open?
[31:47.560 --> 31:52.400]  Monday through Saturday, 11 a.m. to 9 p.m., and 1 to 6 p.m. on Sundays.
[31:52.400 --> 31:59.080]  So get them a call at 512-480-2503, or check out their events page at bravenewbookstore.com.
[31:59.080 --> 32:18.000]  Yeah, I got the warrant, and I'm gonna solve them to the government them, prosecute them.
[32:18.000 --> 32:19.000]  Okay.
[32:19.000 --> 32:20.000]  Hold tight.
[32:20.000 --> 32:46.320]  Okay, we are back, Randy Kelton, David Stevenson, and Craig, and we live on radio, and we're
[32:46.320 --> 32:54.480]  talking about the mortgage issue.
[32:54.480 --> 33:07.280]  When I went out, I was talking about the lender would put the mortgage into a pool, and then
[33:07.280 --> 33:15.320]  send all the document to the document custodian, because document custodian would then verify
[33:15.320 --> 33:21.600]  the note to Ginny May, and then the document custodian was required to maintain possession
[33:21.600 --> 33:29.800]  of all those documents until termination of the note, either by full payment or for closure
[33:29.800 --> 33:30.800]  or some other reason.
[33:30.800 --> 33:34.880]  That's gonna get real important later.
[33:34.880 --> 33:45.480]  Well, what's to keep the lender from reproducing all the paperwork, and changing the interest
[33:45.480 --> 33:49.040]  rate on it, and finally getting another pool?
[33:49.040 --> 33:56.080]  Well, one of the problems with liability, in case they note the defaults.
[33:56.080 --> 34:04.520]  So they got this great idea that they would set up these derivative insurance contracts,
[34:04.520 --> 34:14.160]  and they got some companies to fund it, to AGI and Chirsten Lehman, Lehman Brothers,
[34:14.160 --> 34:16.720]  to sell them these insurance policies.
[34:16.720 --> 34:21.480]  They were derivative insurance policies, totally unregulated.
[34:21.480 --> 34:29.320]  So what they could do is sell and resell the note, and then purchase one of these insurance
[34:29.320 --> 34:34.600]  policies on these private mortgage insurance policies.
[34:34.600 --> 34:45.040]  Then they wanna keep the note active until 20% of the principal is paid off.
[34:45.040 --> 34:50.640]  Once 20% of the principal's paid off, see, each time you would make a payment on the
[34:50.640 --> 34:56.840]  note, the lender, because he would receive 103% of the original principal on every sale
[34:56.840 --> 34:57.840]  he made.
[34:57.840 --> 35:05.120]  So he puts out, say, half a million to you, so you can purchase your house, and then he
[35:05.120 --> 35:08.280]  sells it 20 times.
[35:08.280 --> 35:09.680]  So he gets 10 million back.
[35:09.680 --> 35:15.360]  He's got this $10 million pool, and every time you make a payment, he will match the
[35:15.360 --> 35:23.560]  payment to each of these entities to whom he sold the note.
[35:23.560 --> 35:31.160]  And then when he gets to 15%, now he wants you to default, and they've got a number
[35:31.160 --> 35:33.240]  of ways of getting you to do that.
[35:33.240 --> 35:38.960]  One is to charge you more money than you can afford, and another way of ensuring that you
[35:38.960 --> 35:45.920]  defaulted is crashing the market, crashing the economy, and everybody's gonna default.
[35:45.920 --> 35:56.280]  And when they default, the lender could then go to each of the investors and say, oh my
[35:56.280 --> 36:03.000]  goodness, this is terrible, look what happened to note defaulted.
[36:03.000 --> 36:08.440]  Now the insurance will have to pay you off, and the insurance policy would pay off the
[36:08.440 --> 36:17.480]  investor, and the lender would get to keep the full amount of the principal less where
[36:17.480 --> 36:22.680]  he had to pay out for all however many he sold.
[36:22.680 --> 36:27.240]  But that's not really what happened either.
[36:27.240 --> 36:35.360]  That was kind of the stories that were put out, and I really think that the banks themselves
[36:35.360 --> 36:42.080]  were putting these stories out to send us down rabbit holes, to hide from us what was
[36:42.080 --> 36:49.440]  really going on, and I think part of this became such a problem because the banks were
[36:49.440 --> 36:59.160]  dealing with 31 scoundrels, they were laundering drug money, and these guys who were providing
[36:59.160 --> 37:06.680]  the money were just thieves, they couldn't help themselves, and when they sold the securities,
[37:06.680 --> 37:13.800]  they converted the note into a security, they didn't actually sell the note.
[37:13.800 --> 37:22.280]  What they sold was a security created with the note as collateral for the security.
[37:22.280 --> 37:31.160]  There's a little bit of confusion here because security, the term security is used so much.
[37:31.160 --> 37:37.400]  The deed of trust or the mortgage is a security instrument.
[37:37.400 --> 37:42.480]  It's a security instrument which secures the note.
[37:42.480 --> 37:52.560]  When a security is created based on the note, then the note becomes a security instrument
[37:52.560 --> 37:56.560]  for the security.
[37:56.560 --> 38:02.680]  Everything's a security at this point, but the one that gets sold is the security created
[38:02.680 --> 38:10.720]  with the note being held by the document custodian as collateral for the security.
[38:10.720 --> 38:14.520]  The note actually doesn't get sold as such a security instrument, they get sold and trade
[38:14.520 --> 38:16.840]  it back and forth.
[38:16.840 --> 38:26.320]  Well, in doing this, they were supposed to transfer the note to the pool, and the scoundrels
[38:26.320 --> 38:33.080]  just seemed unable to bring themselves to let go of the note once they had it, so they
[38:33.080 --> 38:34.080]  kept it.
[38:34.080 --> 38:41.520]  They didn't have these investors that invested into these pools that supposedly had all of
[38:41.520 --> 38:46.400]  these notes in them, and they didn't have them in there at all.
[38:46.400 --> 38:52.800]  So it created a terrible mess.
[38:52.800 --> 38:56.320]  Nobody knows what's going on.
[38:56.320 --> 39:02.320]  When they had to crash the system to keep them having to pay back all of these multiple
[39:02.320 --> 39:07.200]  notes that they created so they could force all these people into foreclosure, which is
[39:07.200 --> 39:11.760]  exactly what they did, they had other problems.
[39:11.760 --> 39:16.080]  They had problems with the thieves they were doing business with, never actually gave these
[39:16.080 --> 39:22.920]  people the notes to start with, and then they had people working for them.
[39:22.920 --> 39:37.160]  For 200 years, the loan business was essentially the same, and in 1999, when they changed everything,
[39:37.160 --> 39:42.920]  when they started writing these securities, they had these people that had been working
[39:42.920 --> 39:47.000]  for them for 20 years, and they come down and they said, okay, this is how I want you
[39:47.000 --> 39:55.200]  to do things, because now they don't want all of the procedures followed.
[39:55.200 --> 40:08.480]  Prior to the institution of MERS, if a lender sold a security agent a note to someone else,
[40:08.480 --> 40:16.600]  to another entity, to another bank, then the other bank would have to file a claim against
[40:16.600 --> 40:22.680]  the property in the county record, and the bank that made the transfer would then have
[40:22.680 --> 40:25.560]  to release its claim.
[40:25.560 --> 40:32.520]  So in the record, you could see how the claim moved from the previous holder to the current
[40:32.520 --> 40:34.520]  holder.
[40:34.520 --> 40:40.000]  Well, the problem with the holder was, is he was fluid.
[40:40.000 --> 40:47.240]  They really didn't know who the holder was, and they set up MERS to stand as a strawman
[40:47.240 --> 40:57.200]  agent, but they didn't set him up to stand as a strawman holder.
[40:57.200 --> 41:03.960]  Whoever did this, I read one criticism of this, said that whoever did this really understood
[41:03.960 --> 41:09.680]  the securities market, but they had no clue about the real estate market, and in real
[41:09.680 --> 41:16.920]  estate market, things have to be public in a way that not only the borrower, but anyone
[41:16.920 --> 41:22.360]  else who would do business with the borrower concerning the property, would be able to
[41:22.360 --> 41:30.160]  go to the record and be able to tell who had a claim against the property.
[41:30.160 --> 41:38.640]  Well, they just didn't get things put together right, and the people didn't, the work form
[41:38.640 --> 41:41.520]  didn't listen.
[41:41.520 --> 41:46.880]  They knew that when they wrote the note, and the note was sold, you had to release
[41:46.880 --> 41:47.880]  the lien.
[41:47.880 --> 41:52.560]  If you go look in the court records, you will be amazed at how many releases of lien you
[41:52.560 --> 41:55.680]  find in the court record.
[41:55.680 --> 41:59.920]  The property in Frisco that someone wrote me a warranty deed on and went down and looked
[41:59.920 --> 42:05.000]  in the county record, I found a deed of trust by Washington Mutual Bank.
[42:05.000 --> 42:13.040]  Eight days later, I found a release of that lien by Washington Mutual Bank.
[42:13.040 --> 42:24.360]  Three years later, I found an assignment of substitute trustee by JPMorgan Chase, and
[42:24.360 --> 42:31.760]  when we get to the part on property codes, we'll talk about why that was illegal.
[42:31.760 --> 42:43.120]  But JPMorgan Chase, who supposedly took ownership of the note of the promise to pay, obviously
[42:43.120 --> 42:48.560]  had no clue this release of lien was in the county record.
[42:48.560 --> 42:54.040]  Washington Mutual Bank was shut down by the government for laundering money for drug cartels,
[42:54.040 --> 43:00.320]  and they transferred all the assets of Washington Mutual Bank to JPMorgan Chase.
[43:00.320 --> 43:08.400]  Well, they can do that, and JPMorgan Chase may actually hold all of the notes that Washington
[43:08.400 --> 43:14.920]  Mutual had when Washington Mutual went out of business, but they did not hold the deed
[43:14.920 --> 43:15.920]  of trust.
[43:15.920 --> 43:23.160]  In order for them to hold the deed of trust, Washington Mutual would have had to assign
[43:23.160 --> 43:29.960]  the deed of trust to JPMorgan Chase, then file a release of lien in the county record
[43:29.960 --> 43:36.520]  and then JPMorgan Chase filed a deed of trust back in the current county record.
[43:36.520 --> 43:42.400]  They didn't do any of that, so when Washington Mutual went out of business, they abandoned
[43:42.400 --> 43:48.640]  their claim on the deed of trust, and I'll explain when I come back precisely what that
[43:48.640 --> 43:55.280]  claim is, how it is a confessed lien and a confessed judgment, a mortgage and deed of
[43:55.280 --> 44:01.800]  trust, respectively, we'll be right back.
[44:01.800 --> 44:05.960]  The Oakland City Bombing, top 10 reasons to question the official story.
[44:05.960 --> 44:09.720]  Reason number two, why was the ATF AWOL?
[44:09.720 --> 44:14.320]  Paramedic Tiffany Bible, who was on the scene within five minutes, has stated in an affidavit
[44:14.320 --> 44:18.520]  that agents of the Bureau of Alcohol, Tobacco and Firearms told her that they were not in
[44:18.520 --> 44:19.520]  the office that morning.
[44:19.520 --> 44:24.520]  EMT Catherine Mallet also overheard one agent say to another, close, is that why we got
[44:24.520 --> 44:27.240]  the page to not come in today, in court.
[44:27.240 --> 44:32.080]  Crew Shaw, as interviewed on KSHOR TV, was also told by ATF agents that they had been
[44:32.080 --> 44:34.480]  paged to not come in to work.
[44:34.480 --> 44:39.000]  The ATF initially denied these claims, and now variously claim that one of their agents
[44:39.000 --> 44:42.680]  was in a free falling elevator which has been disproven, or that they had been in an all
[44:42.680 --> 44:46.160]  night stick out, or that they had been in a golf tournament.
[44:46.160 --> 44:50.520]  As they try to sort out their lies, all we want to know is, did the ATF receive a warning,
[44:50.520 --> 44:57.520]  and if so, why did they not pass it on to others and memorials?
[45:20.520 --> 45:22.520]  We know what you should do for yourself.
[45:22.520 --> 45:27.880]  Thousands have won with our step-by-step course, and now you can too.
[45:27.880 --> 45:34.480]  Jurisdictionary was created by a licensed attorney with 22 years of case winning experience.
[45:34.480 --> 45:39.720]  Even if you're not in a lawsuit, you can learn what everyone should understand about the principles
[45:39.720 --> 45:43.320]  and practices that control our American courts.
[45:43.320 --> 45:49.520]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases,
[45:49.520 --> 45:51.520]  process tactics, and much more.
[45:51.520 --> 46:20.520]  Please visit ruleoflawradio.com and click on the banner or call toll-free 866-LAW-EZ.
[46:21.520 --> 46:32.520]  Okay, we are back.
[46:32.520 --> 46:37.520]  Randy Kalman, Deborah Steeve, and Jenny Craig of Ruleoflaw Radio.
[46:37.520 --> 46:43.520]  And we're talking about the mortgage issues, and when it went out, I was talking about
[46:43.520 --> 46:45.520]  these-of-trust mortgage.
[46:45.520 --> 46:50.520]  I'll explain what they are and how they're different.
[46:50.520 --> 47:00.520]  They entered into an agreement with the lender for purchase money to purchase a house or a
[47:00.520 --> 47:03.520]  refinance or for whatever reason.
[47:03.520 --> 47:13.520]  And the lender forwarded money to you, and you agreed to pay that money back.
[47:13.520 --> 47:16.520]  Well, the lender wanted more than just your promise.
[47:16.520 --> 47:24.520]  The lender wanted a security, and the security they wanted was a claim against your property.
[47:24.520 --> 47:30.520]  If the lender has a claim against your property, then the lender can prevent you from selling
[47:30.520 --> 47:39.520]  the property, destroying the property, in any way decreasing his collateral base.
[47:39.520 --> 47:46.520]  So in a non-judicial state, you write a mortgage, and the mortgage gives the lender a claim against
[47:46.520 --> 47:48.520]  the property.
[47:48.520 --> 47:54.520]  Otherwise, if someone just loaned you money and you didn't pay it back, or if you did something
[47:54.520 --> 48:01.520]  that created a harm to someone else, and they sued you and got a claim against you, they
[48:01.520 --> 48:05.520]  would not necessarily have a claim against your property.
[48:05.520 --> 48:11.520]  You'd have to go back to the court and ask the court for a judgment against your property
[48:11.520 --> 48:15.520]  so that they could liquidate the property to satisfy the debt.
[48:15.520 --> 48:24.520]  The problem they have with real estate is if real estate is homesteaded, they can't touch
[48:24.520 --> 48:33.520]  it unless you waive your homestead exemption by granting them a claim against the property.
[48:33.520 --> 48:37.520]  And that's what they ask for in the term of a mortgage.
[48:37.520 --> 48:45.520]  If you're in a non-judicial state, they ask for not only the confessed judgment, I'm
[48:45.520 --> 48:50.520]  sorry, the confessed claim against the property.
[48:50.520 --> 48:56.520]  See, in a mortgage state, you have to go to court and you can sue the property directly.
[48:56.520 --> 49:00.520]  It's called an in-rim action.
[49:00.520 --> 49:07.520]  And then liquidate the property to satisfy the debt.
[49:07.520 --> 49:16.520]  In a non-judicial state, the lender asks you to not only grant a claim against the property,
[49:16.520 --> 49:22.520]  but asks you to also confess the judgment against the property.
[49:22.520 --> 49:27.520]  So the lender doesn't have to go to the court, sue the property and get a judgment.
[49:27.520 --> 49:30.520]  You've already confessed to the judgment.
[49:30.520 --> 49:38.520]  These are privileges you grant to the lender with stipulations.
[49:38.520 --> 49:43.520]  And we'll get to that part in a bit.
[49:43.520 --> 49:48.520]  We're going to go back now to the securities.
[49:48.520 --> 49:54.520]  The lender, when he wrote the note, now we're not saying all of them have done this,
[49:54.520 --> 49:59.520]  but this has been a relatively, apparently a relatively common practice.
[49:59.520 --> 50:07.520]  If you look at the figures on AGI, Schuess and Lehman Brothers, they went out of business in 2008.
[50:07.520 --> 50:13.520]  That's what crashed everything, because we tipped over the top of the bell curve
[50:13.520 --> 50:20.520]  and the foreclosures began to pile up because of all the bad loans.
[50:20.520 --> 50:31.520]  And it wasn't that the insurance agency was paying off each of the singular foreclosures,
[50:31.520 --> 50:37.520]  but they were paying them off at 10 to 20 times the original principal.
[50:37.520 --> 50:43.520]  The amounts that AGI, Schuess and Lehman Brothers were liable for
[50:43.520 --> 50:48.520]  was greater than the national net worth of the country by several times.
[50:48.520 --> 50:54.520]  The only way it could get that high is if they sold these properties over and over.
[50:54.520 --> 50:57.520]  Well, that was one of the problems.
[50:57.520 --> 51:05.520]  The other problem were the employees who didn't do things right.
[51:05.520 --> 51:09.520]  It would have been enough for our part.
[51:09.520 --> 51:16.520]  We could still make lots of challenges against MERS and those who used MERS
[51:16.520 --> 51:20.520]  because of the faulty structure they put together.
[51:20.520 --> 51:26.520]  But it got even worse because their employees didn't pay attention, didn't do what they were told, apparently.
[51:26.520 --> 51:33.520]  Or with this traumatic change in the way the business was being done,
[51:33.520 --> 51:41.520]  they just didn't get all of their pieces in place and they had a lot of problems.
[51:41.520 --> 51:53.520]  I suspect this is more planned than random chance because of the way all of this has happened.
[51:53.520 --> 51:59.520]  What I suspect is that there are people behind the banks, the real money people,
[51:59.520 --> 52:02.520]  who could care less about the banks.
[52:02.520 --> 52:13.520]  I'm concerned right now that JPMorgan Chase admitted to this huge blunder where they lost billions of dollars.
[52:13.520 --> 52:20.520]  What the people who own the banks are doing, the people behind the banks,
[52:20.520 --> 52:23.520]  the big money people are pulling all the money out of these banks
[52:23.520 --> 52:30.520]  that through this scam has created a tremendous amount of potential current and future liability.
[52:30.520 --> 52:34.520]  They're pulling the money out of them so they can collapse the bank.
[52:34.520 --> 52:38.520]  If you look around, you'll notice new banks starting up all over the country.
[52:38.520 --> 52:44.520]  In a time when the banks are really being hammered, you've got new banks starting up everywhere.
[52:44.520 --> 52:49.520]  And mark my words in the next 5 to 10 years,
[52:49.520 --> 52:54.520]  Bank of America, Wells Fargo, JPMorgan Chase,
[52:54.520 --> 53:01.520]  these guys from Deutsche Bank, HSBC, these banks are going to go out of business.
[53:01.520 --> 53:09.520]  And then the big money people who own all of them will take the money they used
[53:09.520 --> 53:16.520]  and to create these smaller banks will consolidate them all back together,
[53:16.520 --> 53:21.520]  be back where they were with no liability.
[53:21.520 --> 53:27.520]  I don't like conspiracies, but this looks like where they're going.
[53:27.520 --> 53:34.520]  And in order to get there, when all of this began to come apart,
[53:34.520 --> 53:40.520]  the bankers were doing everything they can to forestall the inevitable.
[53:40.520 --> 53:48.520]  And the first thing they did was feed us a story about MERS.
[53:48.520 --> 53:54.520]  This story came to me about 4 years ago, supposedly from the FBI.
[53:54.520 --> 54:04.520]  And the FBI said they were investigating MERS and they found that the lenders would sign up with MERS,
[54:04.520 --> 54:09.520]  would sign a note up with MERS, send all the paperwork to MERS.
[54:09.520 --> 54:15.520]  MERS would then scan it all in their system so they could have a purely electronic system
[54:15.520 --> 54:19.520]  and then share the originals.
[54:19.520 --> 54:26.520]  And that's what led to this robo-signing debacle.
[54:26.520 --> 54:29.520]  So they sent everybody chasing MERS.
[54:29.520 --> 54:34.520]  It's like they stood out there with this red flag waving it and saying,
[54:34.520 --> 54:36.520]  look at MERS.
[54:36.520 --> 54:41.520]  Oh, look how vulnerable MERS is.
[54:41.520 --> 54:46.520]  The problem is MERS is a bank rep-remote entity.
[54:46.520 --> 54:49.520]  They don't have anything.
[54:49.520 --> 54:52.520]  They were deliberately created that way.
[54:52.520 --> 55:00.520]  So they sent us chasing someone and MERS belongs to all the banks.
[55:00.520 --> 55:08.520]  They got really deep pockets through the banks and they sent us all chasing the same entity
[55:08.520 --> 55:12.520]  so they were fighting us on a single front.
[55:12.520 --> 55:23.520]  Well, subsequent Reachers to Indicates sent all their paperwork to MERS and MERS shredded it.
[55:23.520 --> 55:27.520]  They were required to send all that paperwork to the document custodian
[55:27.520 --> 55:33.520]  and the document custodian was required by Genie Mae to maintain possession of all of those documents
[55:33.520 --> 55:36.520]  until termination of the note.
[55:36.520 --> 55:40.520]  So they sent us out there, show me the note, show me the note.
[55:40.520 --> 55:43.520]  And we still have that being fought all over the place.
[55:43.520 --> 55:46.520]  Every once in a while a judge will give the banks a win.
[55:46.520 --> 55:48.520]  They don't care.
[55:48.520 --> 55:51.520]  99% of the time they're not.
[55:51.520 --> 55:56.520]  And the bank never has to go through the real issues.
[55:56.520 --> 56:01.520]  They've got us chasing down these rabbit holes.
[56:01.520 --> 56:07.520]  It's like a briar rabbit, please Mr. Farmer, don't do me that briar patch.
[56:07.520 --> 56:14.520]  Where the real problem is, is back at the beginning.
[56:14.520 --> 56:19.520]  Back to the contract.
[56:19.520 --> 56:25.520]  The first law that we deal with is the contract.
[56:25.520 --> 56:29.520]  So let's go back and look at the contract.
[56:29.520 --> 56:36.520]  When they put MERS in the contract, I don't know who did that,
[56:36.520 --> 56:42.520]  but they must have been snorting a whole lot of coke or something
[56:42.520 --> 56:48.520]  because they really screwed that up badly.
[56:48.520 --> 56:57.520]  If you read the contract, you understand that the lender created this document,
[56:57.520 --> 57:06.520]  brought it to closing, presented it to the borrower who's an unsophisticated purchaser by definition,
[57:06.520 --> 57:15.520]  and asked the borrower to grant concessions to the lender with stipulations.
[57:15.520 --> 57:25.520]  And for the most part they use either Fannie Mae Freddie Mac Uniform Instrument or FHA Uniform Instrument.
[57:25.520 --> 57:30.520]  And they're all basically the same, a couple of minor differences between the two.
[57:30.520 --> 57:40.520]  But if MERS is included in the contract, you'll have the borrower defined, the trustee defined,
[57:40.520 --> 57:48.520]  MERS defined as the nominee for the lender and the lender defined.
[57:48.520 --> 57:55.520]  And after all of the definitions, you'll have a section transfer of property rights.
[57:55.520 --> 58:03.520]  And mostly I'll speak to deeds of trust rather than mortgages, but I'll address those as I go along.
[58:03.520 --> 58:05.520]  We're about to go to our top of the hour break.
[58:05.520 --> 58:10.520]  I will probably do another 30 to 45 minutes of this.
[58:10.520 --> 58:14.520]  It may stretch to an hour. There's a lot of information here.
[58:14.520 --> 58:19.520]  But I want this as an archive that people can listen to over and over
[58:19.520 --> 58:24.520]  because I'm giving a lot of information and moving right along with it.
[58:24.520 --> 58:27.520]  So it'll be hard to keep up with all of it.
[58:27.520 --> 58:35.520]  But I hope things begin to kind of gel in your mind from hearing all of this all in one session.
[58:35.520 --> 58:38.520]  Okay, this is Randy Kelton, Deborah Stevens, Eddie Craig.
[58:38.520 --> 58:42.520]  We'll go to our radio. The phone lines are open off for the moment.
[58:42.520 --> 58:49.520]  We'll turn them back on a little bit later. We'll be right back.
[58:49.520 --> 58:53.520]  Would you like to make more definite progress in your walk with God?
[58:53.520 --> 59:00.520]  Bibles for America is offering a free study Bible and a set of free Christian books that can really help.
[59:00.520 --> 59:05.520]  The New Testament recovery version is one of the most comprehensive study Bibles available today.
[59:05.520 --> 59:12.520]  It's an accurate translation and it contains thousands of footnotes that will help you to know God and to know the meaning of life.
[59:12.520 --> 59:17.520]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:17.520 --> 59:23.520]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation,
[59:23.520 --> 59:27.520]  growing in Christ, and how to build up the church.
[59:27.520 --> 59:33.520]  To order your free New Testament recovery version and Basic Elements of the Christian Life,
[59:33.520 --> 59:40.520]  call Bibles for America toll-free at 888-551-0102.
[59:40.520 --> 59:44.520]  That's 888-551-0102.
[59:44.520 --> 01:00:07.520]  Or visit us online at bfa.org.
[01:00:15.520 --> 01:00:21.520]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[01:00:21.520 --> 01:00:26.520]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:00:26.520 --> 01:00:31.520]  So protect your rights. Say no to surveillance and keep your information to yourself.
[01:00:31.520 --> 01:00:34.520]  Privacy. It's worth hanging on to.
[01:00:34.520 --> 01:00:41.520]  This message is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing.
[01:00:41.520 --> 01:00:45.520]  Start over with StartPage.
[01:00:45.520 --> 01:00:51.520]  When you think tall, you probably think America. Tall buildings, tall athletes, tall reputation, right?
[01:00:51.520 --> 01:00:56.520]  But to find the world's tallest people, you actually have to look to tiny Holland. That's right.
[01:00:56.520 --> 01:01:00.520]  The Dutch aren't just taller than Americans, they tower over us.
[01:01:00.520 --> 01:01:04.520]  The average Dutch man is six foot one, followed by the Danish at six feet.
[01:01:04.520 --> 01:01:07.520]  Americans measure up at just five foot ten.
[01:01:07.520 --> 01:01:12.520]  So what is Holland doing right? Well, first, the Netherlands has one of the world's healthiest diets,
[01:01:12.520 --> 01:01:17.520]  particularly at the stages of life that matter most, prenatal and early childhood.
[01:01:17.520 --> 01:01:21.520]  Equally important, people of all income groups practice healthy habits.
[01:01:21.520 --> 01:01:23.520]  Isn't it time we did the same here?
[01:01:23.520 --> 01:01:33.520]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[01:01:33.520 --> 01:01:37.520]  Private burglaries in Torrens, California have the police scratching their heads
[01:01:37.520 --> 01:01:42.520]  until they raided a motel and nabbed the perpetrator, a fragile 82-year-old woman.
[01:01:42.520 --> 01:01:47.520]  I'm Dr. Catherine Albrecht, back with the tale of the blue-haired burglar after this.
[01:01:47.520 --> 01:01:53.520]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[01:01:53.520 --> 01:01:58.520]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:01:58.520 --> 01:02:03.520]  Protect your rights, say no to surveillance, and keep your information to yourself.
[01:02:03.520 --> 01:02:08.520]  Privacy, it's worth hanging onto. This message is brought to you by StartPage.com,
[01:02:08.520 --> 01:02:13.520]  the private search engine alternative to Google, Yahoo, and Bing.
[01:02:13.520 --> 01:02:16.520]  Start over with StartPage.
[01:02:16.520 --> 01:02:22.520]  Doris Ann Gamble at a 21-page rap sheet. She'd been arrested in connection with a homicide,
[01:02:22.520 --> 01:02:29.520]  had gone to jail nine times, and used at least 25 aliases. At 82, you'd think Gamble might retire, but no.
[01:02:29.520 --> 01:02:34.520]  Police recently busted her for burglarizing eight doctor's offices in California.
[01:02:34.520 --> 01:02:39.520]  The frail elderly woman would hide in the doctor's offices after being seen.
[01:02:39.520 --> 01:02:44.520]  When the staff went home, she raided the cash boxes, netting over 17 grand.
[01:02:44.520 --> 01:02:49.520]  At her sentencing, she told detectives she wouldn't do all this nonsense if the government gave us more money.
[01:02:49.520 --> 01:02:53.520]  Then she asked the court for donations to buy snacks in jail.
[01:02:53.520 --> 01:03:20.520]  Thank Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[01:03:23.520 --> 01:03:30.520]  I'm not going to pay for the car with my money.
[01:03:30.520 --> 01:03:36.520]  I'm not going to pay for the car with my money.
[01:03:36.520 --> 01:03:40.520]  I won't pay for the fun with my body.
[01:03:40.520 --> 01:03:43.520]  The trash wicked analogic shoddy.
[01:03:43.520 --> 01:03:53.520]  I'm not going to pay for the car with my body. I won't pay for the boys with my money.
[01:03:53.520 --> 01:03:57.520]  I'm not going to pay for the kids with my body.
[01:03:57.520 --> 01:04:01.520]  Hold the gender sales body.
[01:04:01.520 --> 01:04:03.520]  I'm not going to pay for the boys with my money.
[01:04:03.520 --> 01:04:06.520]  Okay, we are back.
[01:04:06.520 --> 01:04:17.520]  And when we went out, we were talking about deeds and mortgages.
[01:04:17.520 --> 01:04:21.520]  They live in glass houses so I can watch them.
[01:04:21.520 --> 01:04:23.520]  Wait us out there, Chris.
[01:04:23.520 --> 01:04:27.520]  Okay, when we went out, we were talking about deeds and mortgages.
[01:04:27.520 --> 01:04:44.520]  And the difference between the two and MERS, I mean the lending industry fiends the Kool-Aid.
[01:04:44.520 --> 01:04:53.520]  Waving issues in front of a show me the note and claiming that MERS shredded the notes.
[01:04:53.520 --> 01:05:02.520]  Now, it may be true that the lender made copies of this information and sent some information to MERS.
[01:05:02.520 --> 01:05:11.520]  And MERS scanned it in their system and shredded the documents they sent, but they didn't shred the originals.
[01:05:11.520 --> 01:05:29.520]  Because under Uniform Commercial Code 3-501, if a creditor makes a presentment to a debtor and a presentment is a demand for payment,
[01:05:29.520 --> 01:05:46.520]  and the debtor demands production of the instrument upon which the creditor claims authority, the creditor must make the instrument available for inspection.
[01:05:46.520 --> 01:05:51.520]  They don't have to give it to you, they have to show it to you.
[01:05:51.520 --> 01:06:03.520]  If I come to you with a security instrument and I want you to abide by the promise on the instrument,
[01:06:03.520 --> 01:06:05.520]  I bring you a check.
[01:06:05.520 --> 01:06:07.520]  A check is a promise to pay.
[01:06:07.520 --> 01:06:19.520]  A check is a promise you're making that if you take this and give it to somebody else, that somebody else will return value for the document.
[01:06:19.520 --> 01:06:27.520]  If you write me a check and I take it to the bank and I go home and make a photocopy of it and take a photocopy to the bank,
[01:06:27.520 --> 01:06:34.520]  the bank is going to say, wonderful, we'll give you a photocopy of the money.
[01:06:34.520 --> 01:06:39.520]  When you want us to pay the money, bring the original.
[01:06:39.520 --> 01:06:41.520]  And that's in the same bank.
[01:06:41.520 --> 01:06:44.520]  So there's no way they would destroy that original.
[01:06:44.520 --> 01:06:48.520]  That's the only proof of claim they have.
[01:06:48.520 --> 01:06:55.520]  But they sent us chasing this issue, knowing they never destroyed it.
[01:06:55.520 --> 01:07:04.520]  They sent us chasing MERS, knowing MERS didn't do what they said MERS does because they don't want us to look at the contract.
[01:07:04.520 --> 01:07:08.520]  The first thing in the contract is this thing of MERS.
[01:07:08.520 --> 01:07:11.520]  MERS is named as a nominee.
[01:07:11.520 --> 01:07:34.520]  And then down in the transfer section, if it's a deed of trust, the property is transferred to the trustee to hold in trust for protection of the borrower, of the lender.
[01:07:34.520 --> 01:07:45.520]  And then in the very next paragraph, it starts with together with in the uniform instrument that does not have MERS included in it.
[01:07:45.520 --> 01:07:52.520]  This section addresses any improvements to the property.
[01:07:52.520 --> 01:08:00.520]  The deed of trust grants the claim against the property to the lender.
[01:08:00.520 --> 01:08:06.520]  And in this section, it includes any improvements that you'd make to the property.
[01:08:06.520 --> 01:08:14.520]  Well, they stuck right in the middle of this paragraph, for some reason, because it was off point, it was a whole different issue.
[01:08:14.520 --> 01:08:23.520]  They stuck a section in there that said it is understood that MERS holds only legal title.
[01:08:23.520 --> 01:08:28.520]  Now, wait a minute, there is a problem with that.
[01:08:28.520 --> 01:08:34.520]  There's nominee, their name is nominee up top, and that would make them the beneficiary of the note.
[01:08:34.520 --> 01:08:37.520]  And their name is nominee and beneficiary.
[01:08:37.520 --> 01:08:43.520]  Beneficiary holds equitable title.
[01:08:43.520 --> 01:08:51.520]  The holder of equitable title has a right to the benefit from the note.
[01:08:51.520 --> 01:08:55.520]  They transfer legal title to the trustee.
[01:08:55.520 --> 01:09:09.520]  Now, he had no claim on any payments, but he had the legal authority to dispose of the property if the covenants of the deed of trust were breached.
[01:09:09.520 --> 01:09:20.520]  Well, in the very next paragraph, after they give legal title to the trustee, then they maintain that MERS holds legal title.
[01:09:20.520 --> 01:09:25.520]  What's the problem with that?
[01:09:25.520 --> 01:09:37.520]  In 2010, MERS stopped all foreclosures because the courts ruled that MERS had no interest in the note and therefore had no power to foreclose on the note.
[01:09:37.520 --> 01:09:54.520]  And that goes to Covenant 20, which we will get to in somewhat more detail, but Covenant 20 was put in there to ensure that this kind of situation didn't happen.
[01:09:54.520 --> 01:10:08.520]  Or someone came in claiming to have power over the deed of trust and tried to foreclose, but didn't hold equitable title, or wasn't foreclosing for the person with equitable title.
[01:10:08.520 --> 01:10:19.520]  But anyway, just from this issue, MERS cannot hold equitable title.
[01:10:19.520 --> 01:10:24.520]  In a deed of trust state, only the trustee can hold equitable title.
[01:10:24.520 --> 01:10:40.520]  In Texas, specifically, MERS cannot hold legal title because I think it's 2301, I lost the exact number, but it's in the business and property code.
[01:10:40.520 --> 01:10:52.520]  Specifically, forbids the lender from requiring the borrower to transfer the property to the lender.
[01:10:52.520 --> 01:10:55.520]  That is specifically forbidden.
[01:10:55.520 --> 01:11:01.520]  Now, in a mortgage, in a mortgage state, that's exactly what happens with the mortgage.
[01:11:01.520 --> 01:11:09.520]  The mortgage transfers the property to the lender, or if MERS is included in the contract, they transfer the property to MERS.
[01:11:09.520 --> 01:11:12.520]  And in those states, that portion is legal.
[01:11:12.520 --> 01:11:19.520]  In a deed of trust state, specifically in Texas, that's absolutely forbidden.
[01:11:19.520 --> 01:11:28.520]  But even if that weren't forbidden, the deed of trust, the legal title was transferred to the trustee to holding trust.
[01:11:28.520 --> 01:11:41.520]  And then right after it, the clear wording of the contract hated the intent of the actors that MERS hold legal title.
[01:11:41.520 --> 01:11:55.520]  That would render the trustee powerless and meaningless and render this document void as a deed of trust.
[01:11:55.520 --> 01:12:01.520]  But if you have one in Texas, it's absolutely void for two reasons.
[01:12:01.520 --> 01:12:08.520]  One, that the trustee has no power because he doesn't hold a legal title.
[01:12:08.520 --> 01:12:21.520]  And void because it is illegal in Texas to transfer, to force a borrower to transfer the property to the lender.
[01:12:21.520 --> 01:12:24.520]  That's the first problem.
[01:12:24.520 --> 01:12:35.520]  The next problem is if you take out your deed of trust and look at it, look at the next to the last page, or sometimes the last page.
[01:12:35.520 --> 01:12:49.520]  If the juror at, if the acknowledgment, the notary document is on a separate page, then just above it, you'll see the affirmation of the lender, of the borrower, where you sign the contract.
[01:12:49.520 --> 01:13:08.520]  For 200 years, only the borrower needed to sign the contract because the borrower exclusively made concessions to the lender with limitations or stipulations.
[01:13:08.520 --> 01:13:12.520]  All the concessions were by the borrower.
[01:13:12.520 --> 01:13:29.520]  If you have a contract with MERS in it, the section that includes MERS assigns the beneficial interest of the note, which would normally be held by the borrower, assigns it to MERS.
[01:13:29.520 --> 01:13:40.520]  Now, if you loan me money to buy a house with, and I write you a note and I promise to pay you, and then you want a security instrument.
[01:13:40.520 --> 01:13:49.520]  And I write a security instrument, and in that security instrument, I say, well, you know, I don't really think you should collect the money.
[01:13:49.520 --> 01:13:56.520]  I think somebody else should have it, and I assign somebody else the beneficial interest in the property.
[01:13:56.520 --> 01:14:01.520]  What authority would I have to do that?
[01:14:01.520 --> 01:14:03.520]  The answer is obviously none.
[01:14:03.520 --> 01:14:09.520]  And, and I decide, I don't like, I don't want you to represent this note.
[01:14:09.520 --> 01:14:10.520]  I don't want to deal with you.
[01:14:10.520 --> 01:14:11.520]  I want to deal with somebody else.
[01:14:11.520 --> 01:14:21.520]  So I'm going to assign somebody else as an agent for you and give them the power to do with this note, whatever they want to.
[01:14:21.520 --> 01:14:25.520]  I'd have no power to do that either.
[01:14:25.520 --> 01:14:42.520]  Therefore, if the note includes MERS, in order for the section that includes MERS to be of force and effect, the lender would have had to have affirmed the document.
[01:14:42.520 --> 01:14:47.520]  I have never seen one where the lender affirmed the document.
[01:14:47.520 --> 01:15:00.520]  Therefore, the section granting MERS authority to act for the lender is void.
[01:15:00.520 --> 01:15:04.520]  But there's one other problem.
[01:15:04.520 --> 01:15:32.520]  There's still not a data trust because while the borrower cannot appoint MERS as nominee or agent for the lender, in that paragraph starting to, with, together with, the lender can transfer the legal interest in the property to MERS.
[01:15:32.520 --> 01:15:38.520]  Because if the beneficial interest still goes to the lender, the lender's not hard.
[01:15:38.520 --> 01:15:48.520]  And the wording of the contract makes it clear that it was the intent that the trustee not hold legal title.
[01:15:48.520 --> 01:15:51.520]  So it's still not a data trust.
[01:15:51.520 --> 01:15:53.520]  That's the second problem.
[01:15:53.520 --> 01:16:01.520]  And now we'll go to some other issues with the covenants of the data trust.
[01:16:01.520 --> 01:16:22.520]  If a borrower with a data trust or mortgage in these cases, if a borrower attempts to foreclose, he will foreclose based on violations of covenants of the data trust, not the contract, not the note, but the data trust.
[01:16:22.520 --> 01:16:28.520]  Otherwise, he would have to sue you personally for violating the covenants of the note.
[01:16:28.520 --> 01:16:35.520]  When they sue for foreclosure, they have to do it based on the grants made in the mortgage and the data trust.
[01:16:35.520 --> 01:16:39.520]  And I'll address that when we come back on the other side.
[01:16:39.520 --> 01:16:43.520]  This is Randy Kelton, Deborah Stevens, Eddie Craig, move on radio.
[01:16:43.520 --> 01:16:55.520]  This is our Friday night info marathon and I will probably do two more segments and then I'll go to callers.
[01:16:55.520 --> 01:17:20.520]  Hang on, we'll be right back.
[01:17:20.520 --> 01:17:26.520]  In addition to coins and bullion, we carry popular young Jeopardy products such as Beyond Tangy Tangerine and Pollen Roast.
[01:17:26.520 --> 01:17:34.520]  We offer freeze-dried, storeable foods by Augustin Farms, Bergy Water Products, ammunition at 10% above wholesale, and more.
[01:17:34.520 --> 01:17:38.520]  You can lock in a spot place with our Silver Pool and we set up Metal's IRA account.
[01:17:38.520 --> 01:17:43.520]  Call us at 512-646-440 for more details.
[01:17:43.520 --> 01:17:48.520]  We're located at 7304 Burnett Road, Suite A, about a half mile south of Anderson.
[01:17:48.520 --> 01:17:52.520]  We're open Monday through Friday 10-6, Saturdays 10-2.
[01:17:52.520 --> 01:18:02.520]  Visit us at capitalcoinandbullion.com or call 512-646-440.
[01:18:02.520 --> 01:18:07.520]  Hey Tangy Tangerine, see what you've done to me.
[01:18:07.520 --> 01:18:14.520]  I'm losing weight and I'm not half the man I used to be.
[01:18:14.520 --> 01:18:19.520]  Hey Tangy Tangerine, you make me feel so good.
[01:18:19.520 --> 01:18:22.520]  I don't eat so much food.
[01:18:22.520 --> 01:18:28.520]  Ain't I a sight compared to what I used to be?
[01:18:28.520 --> 01:18:33.520]  Calcium, magnesium, selenium and zinc.
[01:18:33.520 --> 01:18:36.520]  Take a moment now and think.
[01:18:36.520 --> 01:18:39.520]  If you have a little brain,
[01:18:39.520 --> 01:18:45.520]  every day will bring the life that you've been looking for.
[01:18:45.520 --> 01:18:49.520]  Beyond Tangy Tangerine is available at Brave New Books,
[01:18:49.520 --> 01:18:52.520]  located at 1904 Guadalupe Street.
[01:18:52.520 --> 01:18:55.520]  The bookstore also carries the works of Dr. Joel Wallach,
[01:18:55.520 --> 01:19:00.520]  founder of Young Jevity and creator of Beyond Tangy Tangerine.
[01:19:00.520 --> 01:19:20.520]  Music
[01:19:20.520 --> 01:19:29.520]  Music
[01:19:29.520 --> 01:19:33.520]  Music
[01:19:33.520 --> 01:19:36.520]  Okay, we are back. Randy Kelton, Debbie Stephens, Eddie Craig,
[01:19:36.520 --> 01:19:43.520]  Real Love Radio and we're kind of going through the details
[01:19:43.520 --> 01:19:47.520]  of what we found in the county record.
[01:19:47.520 --> 01:19:49.520]  I thought I would do two more segments.
[01:19:49.520 --> 01:19:53.520]  I'll probably do three because once I get through all of this,
[01:19:53.520 --> 01:20:00.520]  I'll go to some remedies that we have that are pretty remarkable.
[01:20:00.520 --> 01:20:03.520]  Covenants of the Deed of Trust.
[01:20:03.520 --> 01:20:05.520]  Deed of Trust and mortgage, for the most part,
[01:20:05.520 --> 01:20:10.520]  has the same set of covenants.
[01:20:10.520 --> 01:20:13.520]  One of the things when we file for,
[01:20:13.520 --> 01:20:21.520]  we've been taking on the banks for hope of tea to respite.
[01:20:21.520 --> 01:20:24.520]  These are settlement procedures act,
[01:20:24.520 --> 01:20:28.520]  home equity protections act and truth and lending act.
[01:20:28.520 --> 01:20:33.520]  The legislature, the federal legislature,
[01:20:33.520 --> 01:20:39.520]  created those consumer remedies.
[01:20:39.520 --> 01:20:43.520]  These were not anything that was in constitution or mandated,
[01:20:43.520 --> 01:20:47.520]  but these were created voluntarily by the legislature.
[01:20:47.520 --> 01:20:53.520]  The legislature created them, created the remedies.
[01:20:53.520 --> 01:20:58.520]  They had authority to place limitations on the exercise of the remedy
[01:20:58.520 --> 01:20:59.520]  and they did.
[01:20:59.520 --> 01:21:04.520]  They placed whether short limitations, one, two and three years.
[01:21:04.520 --> 01:21:10.520]  Most of the time, we don't realize there's a problem till well after that.
[01:21:10.520 --> 01:21:13.520]  I think that was a deliberate act on the part of the legislature
[01:21:13.520 --> 01:21:17.520]  to give the impression of creating a remedy
[01:21:17.520 --> 01:21:21.520]  when in fact they did no such thing.
[01:21:21.520 --> 01:21:25.520]  If we try to make claims under these,
[01:21:25.520 --> 01:21:28.520]  the courts always throw them out for latches
[01:21:28.520 --> 01:21:32.520]  or barred by statute of limitations.
[01:21:32.520 --> 01:21:36.520]  But if you will look at, it's generally Cognac 15,
[01:21:36.520 --> 01:21:41.520]  sometimes it's 14, but it goes to notices.
[01:21:41.520 --> 01:21:45.520]  All notices by both parties are required to be provided
[01:21:45.520 --> 01:21:51.520]  to the other party in writing.
[01:21:51.520 --> 01:21:54.520]  So if they put them in your hand, it does not comport
[01:21:54.520 --> 01:21:58.520]  with the covenant of the document.
[01:21:58.520 --> 01:22:02.520]  It was intended that all notices be in writing
[01:22:02.520 --> 01:22:09.520]  and if they actually be sent to you by mail is what it says.
[01:22:09.520 --> 01:22:12.520]  So if you're going to send it by mail, you better send it certified
[01:22:12.520 --> 01:22:16.520]  so you can prove you sent it by mail.
[01:22:16.520 --> 01:22:17.520]  So that's one.
[01:22:17.520 --> 01:22:22.520]  And using that, we can claim the lack of proper notice
[01:22:22.520 --> 01:22:29.520]  under Hope T. Respa as not being provided in accordance
[01:22:29.520 --> 01:22:31.520]  with the covenants of the contract
[01:22:31.520 --> 01:22:37.520]  and therefore acts as a breach of the contract.
[01:22:37.520 --> 01:22:41.520]  We go further down in the document and there is a requirement
[01:22:41.520 --> 01:22:43.520]  that the lender abide by all law.
[01:22:43.520 --> 01:22:47.520]  This actually tends to be in there in two places.
[01:22:47.520 --> 01:22:51.520]  It's in the definition section.
[01:22:51.520 --> 01:22:54.520]  Just under, in the definition section, it generally defines
[01:22:54.520 --> 01:22:58.520]  the borrower, the lender, the MERS, the trustee.
[01:22:58.520 --> 01:23:05.520]  And in there, it defines most of them reference, Respa.
[01:23:05.520 --> 01:23:09.520]  And one of the definitions of reference is all applicable laws.
[01:23:09.520 --> 01:23:18.520]  And then in generally 15 or 16, we have a mortgages,
[01:23:18.520 --> 01:23:22.520]  we have FHA, we have deed of trust.
[01:23:22.520 --> 01:23:26.520]  And sometimes between FHA and deed of trust,
[01:23:26.520 --> 01:23:29.520]  we get those to move back and forth one or two.
[01:23:29.520 --> 01:23:35.520]  But to join in the same place in that general area about serviceability.
[01:23:35.520 --> 01:23:39.520]  And in the serviceability section, it says, I think it says,
[01:23:39.520 --> 01:23:41.520]  several, several ability.
[01:23:41.520 --> 01:23:47.520]  And in there, the lender is required to abide by all law.
[01:23:47.520 --> 01:23:52.520]  So if we can show that the lender failed to abide by a law,
[01:23:52.520 --> 01:23:58.520]  we don't have to make that claim under FDCPA.
[01:23:58.520 --> 01:24:01.520]  Real Estate Settlement Procedures Act, FDCPA,
[01:24:01.520 --> 01:24:04.520]  Fair Debt Collections Practices Act,
[01:24:04.520 --> 01:24:07.520]  Real Estate Settlement Procedures Act,
[01:24:07.520 --> 01:24:09.520]  Homemaker Protection Act, or any of those,
[01:24:09.520 --> 01:24:16.520]  we can make it under Covenant 15, Covenant, or Covenant 16,
[01:24:16.520 --> 01:24:18.520]  depending on which one it lands at.
[01:24:18.520 --> 01:24:25.520]  The requirement for notice and the requirement that they follow all law
[01:24:25.520 --> 01:24:29.520]  is that they have a statute of limitations written into it.
[01:24:29.520 --> 01:24:36.520]  So if the lender violated the notice requirements
[01:24:36.520 --> 01:24:39.520]  under Hopatila WESPA by not giving you the notice,
[01:24:39.520 --> 01:24:42.520]  and they didn't give it to you by mail,
[01:24:42.520 --> 01:24:46.520]  not giving it to you under Hopatila WESPA has time limitations
[01:24:46.520 --> 01:24:50.520]  but not doing it under the deed of trust us and not.
[01:24:50.520 --> 01:24:53.520]  So we still be able to make those claims.
[01:24:53.520 --> 01:25:02.520]  And then it's generally in Covenant 20.
[01:25:02.520 --> 01:25:14.520]  Covenant 20 goes to the authorization to sell a portion of the note
[01:25:14.520 --> 01:25:23.520]  or the entire note but always it's followed by brackets together
[01:25:23.520 --> 01:25:27.520]  with this security instrument.
[01:25:27.520 --> 01:25:32.520]  And in the definition sections, this document is defined
[01:25:32.520 --> 01:25:38.520]  as a security instrument, as the security instrument.
[01:25:38.520 --> 01:25:43.520]  So it is the clear intent of the contract
[01:25:43.520 --> 01:25:48.520]  that if the note, the partial interest of the note
[01:25:48.520 --> 01:25:52.520]  or the entire note is sold to another party,
[01:25:52.520 --> 01:25:58.520]  they do so together with this security instrument.
[01:25:58.520 --> 01:26:07.520]  Look in your county records if you see an appointment of deed of trust
[01:26:07.520 --> 01:26:11.520]  or an assignment of deed of trust.
[01:26:11.520 --> 01:26:16.520]  And that assignment assigns the deed of trust to an entity
[01:26:16.520 --> 01:26:19.520]  separate from the entity who holds the note.
[01:26:19.520 --> 01:26:22.520]  That's a breach of contract.
[01:26:22.520 --> 01:26:29.520]  The lender would foreclose based on a breach of the contract
[01:26:29.520 --> 01:26:33.520]  when the lender in order to get to the point of foreclosing
[01:26:33.520 --> 01:26:36.520]  breaches the contract himself.
[01:26:36.520 --> 01:26:41.520]  If MERS is included in the contract,
[01:26:41.520 --> 01:26:47.520]  that is prima facie evidence of intent on the part of the lender
[01:26:47.520 --> 01:26:57.520]  to breach the deed of trust when they enter into the contract.
[01:26:57.520 --> 01:27:03.520]  Remember, the lender is the one that provided that deed of trust.
[01:27:03.520 --> 01:27:07.520]  When they entered into the note and required the deed of trust,
[01:27:07.520 --> 01:27:13.520]  they intended to breach the deed of trust when they had you sign it.
[01:27:13.520 --> 01:27:18.520]  That intentional breach is a repudiation of the contract
[01:27:18.520 --> 01:27:22.520]  and it constitutes voluntary rescission.
[01:27:22.520 --> 01:27:27.520]  And then generally it's 22 to 24.
[01:27:27.520 --> 01:27:29.520]  This one lands in there somewhere.
[01:27:29.520 --> 01:27:36.520]  It's the authorization to appoint a substitute trustee.
[01:27:36.520 --> 01:27:42.520]  And in that section, always it is essentially the same.
[01:27:42.520 --> 01:27:48.520]  The lender is authorized to appoint a substitute trustee.
[01:27:48.520 --> 01:27:51.520]  Now, if you have MERS in the contract,
[01:27:51.520 --> 01:27:56.520]  MERS is named as nominee or agent for the lender.
[01:27:56.520 --> 01:28:03.520]  However, since MERS is mentioned in the contract,
[01:28:03.520 --> 01:28:09.520]  it must be construed that when this stipulation was placed in there
[01:28:09.520 --> 01:28:15.520]  that authorized the lender to appoint a substitute trustee,
[01:28:15.520 --> 01:28:19.520]  that the crafter was aware of the presence of MERS.
[01:28:19.520 --> 01:28:23.520]  MERS was not given that authority.
[01:28:23.520 --> 01:28:29.520]  Only the lender was and this goes to the exception proves the rule.
[01:28:29.520 --> 01:28:32.520]  It's really not written, done right.
[01:28:32.520 --> 01:28:37.520]  It really should be the exception implies the rule.
[01:28:37.520 --> 01:28:41.520]  The exception is in there because the rule is
[01:28:41.520 --> 01:28:49.520]  nobody can appoint a substitute trustee except the one name,
[01:28:49.520 --> 01:28:54.520]  the one that is not included is excluded.
[01:28:54.520 --> 01:28:59.520]  If Eddie were on, he can tell it to you in Latin.
[01:28:59.520 --> 01:29:01.520]  I've read it, but I haven't got it down.
[01:29:01.520 --> 01:29:05.520]  But this is a legal maxim.
[01:29:05.520 --> 01:29:09.520]  So if you have an assignment by anyone other than the lender,
[01:29:09.520 --> 01:29:11.520]  that's a breach of the contract,
[01:29:11.520 --> 01:29:13.520]  breach of the cover of the contract.
[01:29:13.520 --> 01:29:18.520]  The contract provides to the lender
[01:29:18.520 --> 01:29:24.520]  a concession, a privilege,
[01:29:24.520 --> 01:29:29.520]  the privilege of making a claim directly against the property,
[01:29:29.520 --> 01:29:33.520]  the privilege of exercising a confessed judgment.
[01:29:33.520 --> 01:29:39.520]  If they breach any of the covenants of the contract granting the privilege,
[01:29:39.520 --> 01:29:42.520]  they abdicate the privilege.
[01:29:42.520 --> 01:29:44.520]  This is Randy Calton, David Stevens, Eddie Craig,
[01:29:44.520 --> 01:29:49.520]  Rilva Radio. When I come back, I will start going to some more
[01:29:49.520 --> 01:29:52.520]  subtle and interesting remedies.
[01:29:52.520 --> 01:29:55.520]  I should finish up in this next section.
[01:29:55.520 --> 01:29:59.520]  We'll be right back.
[01:29:59.520 --> 01:30:03.520]  A noble lie, Oklahoma City, 1995 will change forever
[01:30:03.520 --> 01:30:06.520]  the way you look at the true nature of terrorism.
[01:30:06.520 --> 01:30:08.520]  Based on the damage pattern to the building,
[01:30:08.520 --> 01:30:10.520]  but the government sends impossible.
[01:30:10.520 --> 01:30:13.520]  The grand jury did not want to hear anything I had to say.
[01:30:13.520 --> 01:30:15.520]  The decision was made not to pursue
[01:30:15.520 --> 01:30:17.520]  any more of those individuals.
[01:30:17.520 --> 01:30:21.520]  Some of these columns were ripped up, shredded, tossed around.
[01:30:21.520 --> 01:30:23.520]  The people that did the things they did
[01:30:23.520 --> 01:30:25.520]  knew doggone well what they were doing.
[01:30:25.520 --> 01:30:30.520]  Expose the cover up now at anobleye.com.
[01:30:30.520 --> 01:30:33.520]  The rule of law radio network is proud to present a due process
[01:30:33.520 --> 01:30:36.520]  of law seminar hosted by our own Eddie Craig.
[01:30:36.520 --> 01:30:38.520]  Eddie is a former Nacodotius sheriff's deputy
[01:30:38.520 --> 01:30:41.520]  and for the past 21 years he's been studying the due process of law
[01:30:41.520 --> 01:30:44.520]  and now offers his knowledge to you at a seminar every Sunday
[01:30:44.520 --> 01:30:47.520]  from 2 o'clock to 5 o'clock at Brave New Books,
[01:30:47.520 --> 01:30:50.520]  located at 1904 Guadalupe Street.
[01:30:50.520 --> 01:30:53.520]  Admission is $20, so please make plans to come by and sit with Eddie
[01:30:53.520 --> 01:30:59.520]  and learn for yourself what the true intent of law really is.
[01:30:59.520 --> 01:31:02.520]  At hempusa.org we offer chemical free products
[01:31:02.520 --> 01:31:05.520]  to people around the world, detoxifying, self-healing,
[01:31:05.520 --> 01:31:07.520]  while rebuilding the immune system.
[01:31:07.520 --> 01:31:09.520]  We urge our listeners to please consider
[01:31:09.520 --> 01:31:13.520]  our largest selling product, micro plant powder.
[01:31:13.520 --> 01:31:17.520]  Our micro plant powder is rich in iodine, probiotics,
[01:31:17.520 --> 01:31:20.520]  zinc and silica to help rebuild the immune system
[01:31:20.520 --> 01:31:23.520]  and to create a healthy stomach flora.
[01:31:23.520 --> 01:31:25.520]  Micro plant powder is excellent for daily intake
[01:31:25.520 --> 01:31:28.520]  and is perfect to add to your storage shelter.
[01:31:28.520 --> 01:31:32.520]  We urge our listeners to please visit us at hempusa.org
[01:31:32.520 --> 01:31:35.520]  and remember all of our products are chemical free and healthy to eat.
[01:31:35.520 --> 01:31:38.520]  We constantly strive to give you the best service,
[01:31:38.520 --> 01:31:41.520]  highest quality and rapid shipping anywhere,
[01:31:41.520 --> 01:31:44.520]  and we offer free shipping on orders over $95 in the U.S.
[01:31:44.520 --> 01:31:47.520]  Please visit us at hempusa.org
[01:31:47.520 --> 01:31:51.520]  or call 908-6912608.
[01:31:51.520 --> 01:31:54.520]  That's 908-6912608.
[01:31:54.520 --> 01:31:57.520]  See what our powder, seeds and oil can do for you
[01:31:57.520 --> 01:32:26.520]  at hempusa.org.
[01:32:26.520 --> 01:32:28.520]  Okay, we are back.
[01:32:28.520 --> 01:32:30.520]  Randy Kelton, Debra Steven, Zeddy Craig,
[01:32:30.520 --> 01:32:33.520]  Rive Law Radio.
[01:32:33.520 --> 01:32:38.520]  And we are talking about the foreclosure mess
[01:32:38.520 --> 01:32:43.520]  and problems and remedies.
[01:32:43.520 --> 01:32:48.520]  There is one other section in these,
[01:32:48.520 --> 01:32:52.520]  one other issue in the need of trust
[01:32:52.520 --> 01:33:00.520]  and it concerns fees charged to the borrower.
[01:33:00.520 --> 01:33:02.520]  I have a need of trust up here,
[01:33:02.520 --> 01:33:04.520]  I'm looking for the specific covenant,
[01:33:04.520 --> 01:33:08.520]  but the lender is only charged,
[01:33:08.520 --> 01:33:11.520]  here we have, this is covenant eight in this one,
[01:33:11.520 --> 01:33:13.520]  lender may collect fees and charges
[01:33:13.520 --> 01:33:16.520]  authorized by the secretary
[01:33:16.520 --> 01:33:20.520]  and that's always taken to be as authorized
[01:33:20.520 --> 01:33:24.520]  by applicable law.
[01:33:24.520 --> 01:33:28.520]  If you look at HUD 1 settlement statement,
[01:33:28.520 --> 01:33:34.520]  we've produced about 500 lawsuits for people
[01:33:34.520 --> 01:33:39.520]  and I do any evaluation of the fees.
[01:33:39.520 --> 01:33:42.520]  I have a big spreadsheet to run them through
[01:33:42.520 --> 01:33:45.520]  and in there we claim that all of the fees
[01:33:45.520 --> 01:33:49.520]  that were charged on the HUD 1 settlement statement
[01:33:49.520 --> 01:33:53.520]  were fraudulent, every single one of them.
[01:33:53.520 --> 01:33:56.520]  And the reason we claim that is,
[01:33:56.520 --> 01:34:01.520]  is that at closing the lender failed to provide documentation
[01:34:01.520 --> 01:34:06.520]  to show that the fees charged were not otherwise restricted
[01:34:06.520 --> 01:34:08.520]  from being charged by law
[01:34:08.520 --> 01:34:10.520]  because the real estate settlement procedures act
[01:34:10.520 --> 01:34:15.520]  strictly forbids the lender to charge certain fees.
[01:34:15.520 --> 01:34:18.520]  Those amounts that must be paid by the lender
[01:34:18.520 --> 01:34:22.520]  that are the normal part of doing business
[01:34:22.520 --> 01:34:25.520]  is considered to be a part of the finance charge,
[01:34:25.520 --> 01:34:28.520]  the finance charge being the interest
[01:34:28.520 --> 01:34:31.520]  that's charged on the note.
[01:34:31.520 --> 01:34:37.520]  And the lender is intended to take his recoupment
[01:34:37.520 --> 01:34:42.520]  of those costs out of the interest that he charges.
[01:34:42.520 --> 01:34:45.520]  But instead, they charge them all,
[01:34:45.520 --> 01:34:48.520]  add them all to the principal and charge the interest
[01:34:48.520 --> 01:34:50.520]  on it for 30 years.
[01:34:50.520 --> 01:34:54.520]  They fail to show that the fees charged were not otherwise
[01:34:54.520 --> 01:34:57.520]  restricted from being charged by law,
[01:34:57.520 --> 01:35:04.520]  that the fees charged were for services actually performed,
[01:35:04.520 --> 01:35:09.520]  that the fees charged were necessary,
[01:35:09.520 --> 01:35:12.520]  that the amounts charged were reasonable,
[01:35:12.520 --> 01:35:16.520]  that the vendors to whom the fees were paid
[01:35:16.520 --> 01:35:20.520]  were not front companies for the borrower's fiduciaries
[01:35:20.520 --> 01:35:25.520]  as an inducement to breach their fiduciary duty to the borrower,
[01:35:25.520 --> 01:35:29.520]  and that the lender did not take an undisclosed markup
[01:35:29.520 --> 01:35:32.520]  on the fees charged.
[01:35:32.520 --> 01:35:41.520]  Therefore, since no documentation was provided
[01:35:41.520 --> 01:35:44.520]  to support any of the fees, we maintained their all faults.
[01:35:44.520 --> 01:35:47.520]  Subtract them from the head of the note
[01:35:47.520 --> 01:35:49.520]  and recalculate the note.
[01:35:49.520 --> 01:35:55.520]  The first one I did this with was a $116,000 note
[01:35:55.520 --> 01:36:00.520]  at 6% interest.
[01:36:00.520 --> 01:36:07.520]  If you subtracted the $12,000 in closing fees from that
[01:36:07.520 --> 01:36:10.520]  and then paid the amounts demanded by the lender,
[01:36:10.520 --> 01:36:14.520]  he would have overpaid the note by $50,000
[01:36:14.520 --> 01:36:20.520]  and $50,043 in change.
[01:36:20.520 --> 01:36:23.520]  So we make that as a claim against the lender.
[01:36:23.520 --> 01:36:27.520]  Now, in making that claim,
[01:36:27.520 --> 01:36:31.520]  we have never had a single lender attempt
[01:36:31.520 --> 01:36:37.520]  to prove up a single fee, not one.
[01:36:37.520 --> 01:36:41.520]  Now, a portion of those fees were absolutely valid,
[01:36:41.520 --> 01:36:44.520]  but they never tried to prove up a single one,
[01:36:44.520 --> 01:36:46.520]  and there's a reason for that,
[01:36:46.520 --> 01:36:54.520]  because charging of false fees was just an industry standard.
[01:36:54.520 --> 01:36:58.520]  They were on every single note,
[01:36:58.520 --> 01:37:02.520]  and that is theft.
[01:37:02.520 --> 01:37:06.520]  They simply stole that money from you,
[01:37:06.520 --> 01:37:08.520]  and it amounts to quite a bit
[01:37:08.520 --> 01:37:12.520]  when you pay interest on it for 30 years.
[01:37:12.520 --> 01:37:14.520]  So that is one of the...
[01:37:14.520 --> 01:37:17.520]  That's a primary issue that you can bring against the lender.
[01:37:17.520 --> 01:37:21.520]  That's the kind of fraud to get these guys put in prison.
[01:37:21.520 --> 01:37:27.520]  And then, once we're done with the deed of trust,
[01:37:27.520 --> 01:37:29.520]  then we go look at...
[01:37:29.520 --> 01:37:35.520]  The last thing we look at is the notary.
[01:37:35.520 --> 01:37:40.520]  And you pull the documents from the county record.
[01:37:40.520 --> 01:37:44.520]  A no document can be filed in the county record,
[01:37:44.520 --> 01:37:46.520]  unless a proper...
[01:37:46.520 --> 01:37:48.520]  No document is properly filed,
[01:37:48.520 --> 01:37:54.520]  unless it has a proper notary verification on it,
[01:37:54.520 --> 01:37:57.520]  because documents filed into the county record
[01:37:57.520 --> 01:38:02.520]  are not self-actualizing.
[01:38:02.520 --> 01:38:06.520]  They must be acknowledged by a notary.
[01:38:06.520 --> 01:38:14.520]  And here is one of the places where they really screwed up badly.
[01:38:14.520 --> 01:38:20.520]  If you read in Texas the requirements for a notary stamp,
[01:38:20.520 --> 01:38:24.520]  the signatures of all the actors must be legible.
[01:38:24.520 --> 01:38:28.520]  The notary stamp can't be stamped over anything else.
[01:38:28.520 --> 01:38:30.520]  There's a whole bunch of stuff in there.
[01:38:30.520 --> 01:38:35.520]  So the first thing you do is you get the name of the notary
[01:38:35.520 --> 01:38:38.520]  and then contact the secretary of state
[01:38:38.520 --> 01:38:44.520]  to find out what the mailing address of the notary is.
[01:38:44.520 --> 01:38:48.520]  Because you want to request evidence
[01:38:48.520 --> 01:38:55.520]  that the notary actually performed this acknowledgement.
[01:38:55.520 --> 01:39:00.520]  And that it wasn't just a document that was signed
[01:39:00.520 --> 01:39:03.520]  and nothing else on it stuck up on the shelf
[01:39:03.520 --> 01:39:05.520]  that they just pulled out when they needed it
[01:39:05.520 --> 01:39:08.520]  and filled in the balance.
[01:39:08.520 --> 01:39:12.520]  This is a very common practice.
[01:39:12.520 --> 01:39:22.520]  And you should do this with every single notary in the documentation.
[01:39:22.520 --> 01:39:28.520]  Most of the time you'll find the notary's acknowledgement
[01:39:28.520 --> 01:39:32.520]  on the deed of trust to be valid.
[01:39:32.520 --> 01:39:34.520]  But not always.
[01:39:34.520 --> 01:39:36.520]  I have two right now.
[01:39:36.520 --> 01:39:38.520]  I have a friend near where I live.
[01:39:38.520 --> 01:39:43.520]  The only document filed in his record was a deed of trust.
[01:39:43.520 --> 01:39:47.520]  I contacted the secretary of state to find out a mailing address
[01:39:47.520 --> 01:39:52.520]  for the notary and the secretary of state never heard of her.
[01:39:52.520 --> 01:39:58.520]  Whoever the title company used at closing was not a notary.
[01:39:58.520 --> 01:40:02.520]  What were they thinking?
[01:40:02.520 --> 01:40:03.520]  My goodness.
[01:40:03.520 --> 01:40:11.520]  Now the deed of trust becomes legal sized toilet paper.
[01:40:11.520 --> 01:40:15.520]  And this is the biggest place for primary error
[01:40:15.520 --> 01:40:19.520]  that I've seen in all of the documentation in any of these
[01:40:19.520 --> 01:40:21.520]  is the problem with the jurorate.
[01:40:21.520 --> 01:40:23.520]  Look at the jurorate.
[01:40:23.520 --> 01:40:29.520]  We have one out of New York where the date of the document is 24th.
[01:40:29.520 --> 01:40:34.520]  Then there's a signature and on the jurorate
[01:40:34.520 --> 01:40:38.520]  there is the printed name of the affirmant,
[01:40:38.520 --> 01:40:41.520]  the person who signed the above document.
[01:40:41.520 --> 01:40:42.520]  There's a date on it.
[01:40:42.520 --> 01:40:45.520]  They put in the county, state and county.
[01:40:45.520 --> 01:40:48.520]  All of this is written by hand.
[01:40:48.520 --> 01:40:52.520]  But it's not written in the hand of the notary.
[01:40:52.520 --> 01:40:56.520]  This was written in a heavy, stilted hand.
[01:40:56.520 --> 01:40:58.520]  It looked like a teenager wrote it,
[01:40:58.520 --> 01:41:02.520]  because teenagers tend to make the center section of the writing
[01:41:02.520 --> 01:41:04.520]  as big as the upper and lower sections.
[01:41:04.520 --> 01:41:06.520]  It was a very heavy hand.
[01:41:06.520 --> 01:41:10.520]  It looked like it was written with a felt tip pen.
[01:41:10.520 --> 01:41:14.520]  And then the notary signature was real elegant,
[01:41:14.520 --> 01:41:19.520]  a real fine line, nothing like the other writing.
[01:41:19.520 --> 01:41:23.520]  It appeared as though the only writing on the jurorate
[01:41:23.520 --> 01:41:27.520]  in the hand of the notary was the signature.
[01:41:27.520 --> 01:41:31.520]  And there was one other problem.
[01:41:31.520 --> 01:41:34.520]  The document was dated to 24th.
[01:41:34.520 --> 01:41:39.520]  It's the date that was affirmed.
[01:41:39.520 --> 01:41:42.520]  And I'm sorry, it's the 24th.
[01:41:42.520 --> 01:41:48.520]  And the jurorate was dated the 23rd.
[01:41:48.520 --> 01:41:52.520]  How did they make that dumb one mistake?
[01:41:52.520 --> 01:41:58.520]  The notary notarized the document the day before it was signed.
[01:41:58.520 --> 01:42:02.520]  That makes it void on its face.
[01:42:02.520 --> 01:42:05.520]  And if it doesn't look,
[01:42:05.520 --> 01:42:08.520]  if everything doesn't look like it's in the same hand,
[01:42:08.520 --> 01:42:11.520]  the notary, anybody out there who's ever went to a notary,
[01:42:11.520 --> 01:42:13.520]  the notary doesn't give it to you
[01:42:13.520 --> 01:42:15.520]  and have you fill out all the information on it.
[01:42:15.520 --> 01:42:17.520]  The notary fills it out.
[01:42:17.520 --> 01:42:20.520]  So if you get a document that says everything's printed in
[01:42:20.520 --> 01:42:25.520]  or everything written on the document is not in the notary's hand
[01:42:25.520 --> 01:42:27.520]  but in someone else's hand,
[01:42:27.520 --> 01:42:33.520]  that's reasonable cause to believe that this notary is insufficient.
[01:42:33.520 --> 01:42:39.520]  So the first thing you do is send a request to the notary for evidence
[01:42:39.520 --> 01:42:44.520]  that the notary actually verified this document.
[01:42:44.520 --> 01:42:47.520]  The reason I say evidence is because a lot of states
[01:42:47.520 --> 01:42:52.520]  don't require that the notary keep a sequential ledger.
[01:42:52.520 --> 01:42:55.520]  California and Texas does, but some other states don't.
[01:42:55.520 --> 01:42:59.520]  If they don't, they have to keep some kinds of records
[01:42:59.520 --> 01:43:03.520]  because every state that I've seen so far,
[01:43:03.520 --> 01:43:08.520]  Ohio, Minnesota, Michigan, Florida, all in New Mexico,
[01:43:08.520 --> 01:43:10.520]  all have state income tax.
[01:43:10.520 --> 01:43:16.520]  So they have to keep records of the notary of the financial transaction
[01:43:16.520 --> 01:43:18.520]  so they have evidence that they did the notary.
[01:43:18.520 --> 01:43:21.520]  If they're unable to produce it,
[01:43:21.520 --> 01:43:24.520]  that's evidence to believe that the notary is fraudulent
[01:43:24.520 --> 01:43:30.520]  and it looks like I'll use one more segment to finish up these remedies
[01:43:30.520 --> 01:43:32.520]  and then we'll go to calls.
[01:43:32.520 --> 01:43:34.520]  So we'll open the call boards.
[01:43:34.520 --> 01:43:37.520]  So start calling in, get in line.
[01:43:37.520 --> 01:43:39.520]  We'll open the calls and as soon as I'm finished,
[01:43:39.520 --> 01:43:41.520]  I'll finish about halfway through the next segment.
[01:43:41.520 --> 01:43:42.520]  We'll go to calls.
[01:43:42.520 --> 01:43:45.520]  This is Randy Calton, Dempstein, and Teddy Craig.
[01:43:45.520 --> 01:43:51.520]  The Wheel of Law Radio, our call in number 512-646-1984.
[01:43:51.520 --> 01:43:54.520]  We'll be right back.
[01:44:22.520 --> 01:44:26.520]  There's no way a place like that exists.
[01:44:26.520 --> 01:44:27.520]  Go check it out for yourself.
[01:44:27.520 --> 01:44:31.520]  It's downtown at 1904 Guadalupe Street just south of UT.
[01:44:31.520 --> 01:44:35.520]  Oh, by UT, there's never anywhere to park down there.
[01:44:35.520 --> 01:44:38.520]  Actually, they now offer a free hour of parking for paying customers
[01:44:38.520 --> 01:44:42.520]  at the 500 MLK parking facility just behind the bookstore.
[01:44:42.520 --> 01:44:46.520]  It does exist, but when are they open?
[01:44:46.520 --> 01:44:51.520]  Monday through Saturday, 11 a.m. to 9 p.m. and 1 to 6 p.m. on Sundays.
[01:44:51.520 --> 01:44:55.520]  So get them a call at 512-480-2503
[01:44:55.520 --> 01:45:17.520]  or check out their events page at bravenewbookstore.com.
[01:45:25.520 --> 01:45:27.520]  And now you can, too.
[01:45:27.520 --> 01:45:30.520]  Jurisdictionary was created by a licensed attorney
[01:45:30.520 --> 01:45:33.520]  with 22 years of case-winning experience.
[01:45:33.520 --> 01:45:35.520]  Even if you're not in a lawsuit,
[01:45:35.520 --> 01:45:38.520]  you can learn what everyone should understand
[01:45:38.520 --> 01:45:42.520]  about the principles and practices that control our American courts.
[01:45:42.520 --> 01:45:47.520]  You'll receive our audio classroom, video seminar, tutorials,
[01:45:47.520 --> 01:45:51.520]  forms for civil cases, prosay tactics, and much more.
[01:45:51.520 --> 01:45:55.520]  Please visit ruleoflawradio.com and click on the banner.
[01:45:55.520 --> 01:46:24.520]  Or call toll-free 866-LAW-EZ.
[01:46:25.520 --> 01:46:33.520]  We are back.
[01:46:33.520 --> 01:46:35.520]  Randy Kelton there with Stephen J. Craig
[01:46:35.520 --> 01:46:37.520]  in Rule of Law Radio.
[01:46:37.520 --> 01:46:41.520]  And we're talking about the mess in the mortgage industry.
[01:46:41.520 --> 01:46:45.520]  We were talking about jurists, notaries.
[01:46:45.520 --> 01:46:47.520]  Send a request.
[01:46:47.520 --> 01:46:51.520]  We had a woman in Colorado
[01:46:51.520 --> 01:46:54.520]  who sent a request to the notary
[01:46:54.520 --> 01:46:59.520]  and she had been fighting these people for about four or five years.
[01:46:59.520 --> 01:47:01.520]  She's been through a couple of bankruptcies
[01:47:01.520 --> 01:47:03.520]  and she was running out of time.
[01:47:03.520 --> 01:47:06.520]  She had an eviction hearing scheduled.
[01:47:06.520 --> 01:47:10.520]  She requested the sequential ledger from the notary,
[01:47:10.520 --> 01:47:14.520]  didn't get it, contacted the Secretary of State.
[01:47:14.520 --> 01:47:19.520]  The Secretary of State demanded the notary.
[01:47:19.520 --> 01:47:22.520]  They didn't get it.
[01:47:22.520 --> 01:47:26.520]  She filed a complaint with the Secretary of State.
[01:47:26.520 --> 01:47:32.520]  Three days later, the loan broker,
[01:47:32.520 --> 01:47:35.520]  who brokered the loan, called her and asked
[01:47:35.520 --> 01:47:39.520]  if there's something that he could do to work this out.
[01:47:39.520 --> 01:47:42.520]  And she called me and I told her, tell him,
[01:47:42.520 --> 01:47:46.520]  no, I got bigger fish to fry than you,
[01:47:46.520 --> 01:47:48.520]  you're just cannon fodder.
[01:47:48.520 --> 01:47:53.520]  So a week later, she gets a notice from the Secretary of State
[01:47:53.520 --> 01:47:57.520]  that they are instituting license revocation hearing against the notary.
[01:47:57.520 --> 01:48:03.520]  So she filed a suit against the lenders and such
[01:48:03.520 --> 01:48:08.520]  and included the notary and sent the constable out
[01:48:08.520 --> 01:48:10.520]  to serve the notary.
[01:48:10.520 --> 01:48:12.520]  The day she sent the constable out,
[01:48:12.520 --> 01:48:15.520]  the notary's website came down.
[01:48:15.520 --> 01:48:20.520]  He got to her house, the house was empty.
[01:48:20.520 --> 01:48:22.520]  That's a big deal.
[01:48:22.520 --> 01:48:26.520]  The invalid notary is a class A misdemeanor, each one.
[01:48:26.520 --> 01:48:30.520]  And when someone files the document with the fraudulent notary on it,
[01:48:30.520 --> 01:48:32.520]  that's a felony.
[01:48:32.520 --> 01:48:35.520]  So it is really a big deal.
[01:48:35.520 --> 01:48:38.520]  It really frightened this one because she hit the road.
[01:48:38.520 --> 01:48:43.520]  So Francis went into court and told the addiction hitters,
[01:48:43.520 --> 01:48:47.520]  this is a 120 hearing in Colorado,
[01:48:47.520 --> 01:48:52.520]  told the judge about the letter from the Secretary of State
[01:48:52.520 --> 01:48:55.520]  and the judge said, this out of here, I got no jurisdiction.
[01:48:55.520 --> 01:48:58.520]  You're going to have to join this with the district court suit
[01:48:58.520 --> 01:48:59.520]  and it was over.
[01:48:59.520 --> 01:49:00.520]  They're gone.
[01:49:00.520 --> 01:49:03.520]  So it really got the judge's attention.
[01:49:03.520 --> 01:49:09.520]  This is a really good way to jerk the rug right out from under these people.
[01:49:09.520 --> 01:49:17.520]  They have done such an incredibly bad job of keeping the records filed the way they should.
[01:49:17.520 --> 01:49:22.520]  But now we can come in and make them pay for it.
[01:49:22.520 --> 01:49:27.520]  It's not that you can expect to get your note for free,
[01:49:27.520 --> 01:49:32.520]  but you can certainly put the bank in a position to where they'll come to the table
[01:49:32.520 --> 01:49:36.520]  and make a deal that you can live with.
[01:49:36.520 --> 01:49:44.520]  The next thing you look at is every signatory on a document.
[01:49:44.520 --> 01:49:52.520]  Send a letter to the company for whom the person signed the document
[01:49:52.520 --> 01:49:59.520]  and ask the company to provide you with evidence of power of attorney of this individual.
[01:49:59.520 --> 01:50:03.520]  For the most part, you'll get no responses.
[01:50:03.520 --> 01:50:05.520]  That's exactly what we want.
[01:50:05.520 --> 01:50:10.520]  You can go to the court and say, Your Honor, this guy's a robo-shiner.
[01:50:10.520 --> 01:50:13.520]  Why his name is flattered all over the internet?
[01:50:13.520 --> 01:50:16.520]  The judge is going to say so.
[01:50:16.520 --> 01:50:22.520]  That's no indication that he doesn't have power to sign in this particular case.
[01:50:22.520 --> 01:50:26.520]  So we go to the judge and say, Your Honor, this guy's a robo-shiner.
[01:50:26.520 --> 01:50:28.520]  His name is flattered all over the internet.
[01:50:28.520 --> 01:50:37.520]  And we demanded power of attorney from the company he signed for, and they did not respond.
[01:50:37.520 --> 01:50:43.520]  Therefore, we have reason to believe and do believe that this person is a robo-shiner
[01:50:43.520 --> 01:50:45.520]  and has no power to sign.
[01:50:45.520 --> 01:50:49.520]  Now the judge has something to sink his teeth into.
[01:50:49.520 --> 01:50:52.520]  So we do that for all of them.
[01:50:52.520 --> 01:50:59.520]  And if you don't get a response, especially from the notary, in every state,
[01:50:59.520 --> 01:51:04.520]  there is a provision for declaratory judgment.
[01:51:04.520 --> 01:51:09.520]  And I'm suggesting something a little bit more radical.
[01:51:09.520 --> 01:51:20.520]  If you send a request to a notary in a state that has the requirement to keep a sequential ledger,
[01:51:20.520 --> 01:51:28.520]  California, Colorado, Texas, and you don't get it, that's a crime.
[01:51:28.520 --> 01:51:30.520]  It's certainly a class-aid misdemeanor.
[01:51:30.520 --> 01:51:33.520]  It certainly is a class-aid misdemeanor in Texas.
[01:51:33.520 --> 01:51:37.520]  So what we're doing is we request the ledger.
[01:51:37.520 --> 01:51:39.520]  We never get it.
[01:51:39.520 --> 01:51:43.520]  And then we file a complaint with the prosecuting attorney under Open Records Act
[01:51:43.520 --> 01:51:45.520]  and ask them to prosecute the notary.
[01:51:45.520 --> 01:51:49.520]  Well, the prosecutor's not going to want to prosecute the notary.
[01:51:49.520 --> 01:51:55.520]  For this, but in order to be able to tell you that,
[01:51:55.520 --> 01:51:59.520]  well, I investigated into your accusation, decided to take no action.
[01:51:59.520 --> 01:52:04.520]  In order to do that, he'll have his investigator call the notary
[01:52:04.520 --> 01:52:08.520]  and question the notary as to why we shouldn't arrest them.
[01:52:08.520 --> 01:52:17.520]  And you can imagine the sphincter factor when you know you have been doing improper notaries
[01:52:17.520 --> 01:52:25.520]  and you get a call from a guy with a gun and a badge wanting to know why he shouldn't arrest you.
[01:52:25.520 --> 01:52:30.520]  Now we can get the notary to come to the table and tell us the reason
[01:52:30.520 --> 01:52:35.520]  that the notary didn't have a sequential ledger because the notary didn't have anything to do with it.
[01:52:35.520 --> 01:52:39.520]  Is that the lawyer forged all that stuff?
[01:52:39.520 --> 01:52:43.520]  I wasn't there, so I don't have a sequential ledger.
[01:52:43.520 --> 01:52:49.520]  That gives the notary off the hook and feeds us the lawyer.
[01:52:49.520 --> 01:52:54.520]  You take that to a district court and a petition for declaratory judgment
[01:52:54.520 --> 01:53:00.520]  and whatever document was signed is going to be toilet paper.
[01:53:00.520 --> 01:53:05.520]  These are some really subtle remedies.
[01:53:05.520 --> 01:53:09.520]  If you have a mortgage and you suspect there's problems,
[01:53:09.520 --> 01:53:16.520]  infeclosures, facing foreclosure are already been foreclosed on.
[01:53:16.520 --> 01:53:21.520]  There is something you can do. There is remedy.
[01:53:21.520 --> 01:53:28.520]  First thing to do is go to the county record and get all the documents in the county record.
[01:53:28.520 --> 01:53:32.520]  Those are matters which are public record,
[01:53:32.520 --> 01:53:37.520]  matters for which you can ask the court to take judicial notice.
[01:53:37.520 --> 01:53:40.520]  These are uncontestable facts.
[01:53:40.520 --> 01:53:48.520]  When you look at the record, just look at it from the perspective of
[01:53:48.520 --> 01:53:53.520]  who filed this document, what authority does he have to file.
[01:53:53.520 --> 01:54:03.520]  What we find all the time is an assignment by some entity that's not mentioned in the record anywhere.
[01:54:03.520 --> 01:54:08.520]  This fiscal property, I have an assignment by J.P. Morgan Chase.
[01:54:08.520 --> 01:54:13.520]  There's nothing in the record mentioning J.P. Morgan Chase.
[01:54:13.520 --> 01:54:16.520]  There's a deed of trust by Washington Mutual,
[01:54:16.520 --> 01:54:19.520]  a release to lien by Washington Mutual.
[01:54:19.520 --> 01:54:24.520]  A lot of them will have MERS in the contract and MERS will make an assignment.
[01:54:24.520 --> 01:54:29.520]  We have one in California that the Calista was the lender.
[01:54:29.520 --> 01:54:39.520]  It's named in the contract. The MERS made an assignment of the deed of trust
[01:54:39.520 --> 01:54:44.520]  as the nominee for countrywide home loans.
[01:54:44.520 --> 01:54:48.520]  Duh, who's countrywide home loans.
[01:54:48.520 --> 01:54:51.520]  They're not mentioned in here anywhere.
[01:54:51.520 --> 01:54:53.520]  The document is invalid.
[01:54:53.520 --> 01:55:06.520]  In Texas, the Texas property code says that any document filed in the record that affects title
[01:55:06.520 --> 01:55:14.520]  by an entity that has not been granted authority by someone,
[01:55:14.520 --> 01:55:21.520]  some entity that has authority is presumed to be void.
[01:55:21.520 --> 01:55:29.520]  It also says if it's in a different statute, it says if anyone has a claim
[01:55:29.520 --> 01:55:33.520]  and that claim is not properly filed in the county,
[01:55:33.520 --> 01:55:45.520]  not properly acknowledged, verified or proven and properly filed in the county record is void.
[01:55:45.520 --> 01:55:53.520]  So in this case, even if J.P. Morgan has a claim against the property,
[01:55:53.520 --> 01:56:03.520]  it is not properly filed because Washington Mutual did not assign the deed of trust to J.P. Morgan Chase.
[01:56:03.520 --> 01:56:09.520]  J.P. Morgan Chase is acting as if they have been assigned the deed of trust and they have not.
[01:56:09.520 --> 01:56:15.520]  It's fraudulent. You move for a declaratory judgment hearing, show it to the judge.
[01:56:15.520 --> 01:56:18.520]  Here's what the law says. Here's what it does.
[01:56:18.520 --> 01:56:22.520]  Based on the four corners of this document, it's clear this document is void.
[01:56:22.520 --> 01:56:26.520]  It's a matter of law. Get the judge to strike that document.
[01:56:26.520 --> 01:56:29.520]  And these guys are toast.
[01:56:29.520 --> 01:56:32.520]  Okay, we are opening up phone lines.
[01:56:32.520 --> 01:56:34.520]  I am finished for now.
[01:56:34.520 --> 01:56:36.520]  This is sort of practice.
[01:56:36.520 --> 01:56:40.520]  I'm trying to get this polished. I could do four hours on it.
[01:56:40.520 --> 01:56:50.520]  So I didn't go through everything, but this should be enough to give anybody a really good idea
[01:56:50.520 --> 01:57:00.520]  that if you have a mortgage and you've secured that mortgage since 1999, you've been screwed.
[01:57:00.520 --> 01:57:07.520]  And the mortgage is a mess. There's no way the lender can back it up.
[01:57:07.520 --> 01:57:12.520]  And there is remedy available.
[01:57:12.520 --> 01:57:17.520]  If you can go get the court record, look through it, or just contact with our radio.
[01:57:17.520 --> 01:57:21.520]  They'll get you in contact with me and we'll show you how to fix this.
[01:57:21.520 --> 01:57:27.520]  We'll show you how to take action, change things, and get some remedy.
[01:57:27.520 --> 01:57:32.520]  So that's my story on this issue.
[01:57:32.520 --> 01:57:35.520]  I've been researching it for about five years.
[01:57:35.520 --> 01:57:46.520]  And essentially, there's nothing you're going to be able to do that's going to stop the bank unless you sue them.
[01:57:46.520 --> 01:57:55.520]  And if they're going to foreclose on you tomorrow, sue them today and go down to the foreclosure sale with a...
[01:57:55.520 --> 01:58:02.520]  Notice that they've been sued in the bank by your property back and that'll stop the bank.
[01:58:02.520 --> 01:58:04.520]  There is a lot you can do.
[01:58:04.520 --> 01:58:08.520]  So if you've got questions, give us a call.
[01:58:08.520 --> 01:58:13.520]  Our call in number is 512-646-1984.
[01:58:13.520 --> 01:58:18.520]  We hope to build up calls at the end, so give us a call, get in line quickly.
[01:58:18.520 --> 01:58:25.520]  We'll be right back.
[01:58:49.520 --> 01:58:53.520]  The Bible remains the most popular book in the world.
[01:58:53.520 --> 01:58:57.520]  Yet countless readers are frustrated because they struggle to understand it.
[01:58:57.520 --> 01:59:01.520]  Some new translations try to help by simplifying the text,
[01:59:01.520 --> 01:59:06.520]  but in the process can compromise the profound meaning of the Scripture.
[01:59:06.520 --> 01:59:08.520]  Enter the recovery version.
[01:59:08.520 --> 01:59:12.520]  First, this new translation is extremely faithful and accurate,
[01:59:12.520 --> 01:59:17.520]  but the real story is the more than 9,000 explanatory footnotes.
[01:59:17.520 --> 01:59:21.520]  Difficult and profound passages are opened up in a marvelous way,
[01:59:21.520 --> 01:59:27.520]  providing an entrance into the riches of the Word beyond which you've ever experienced before.
[01:59:27.520 --> 01:59:32.520]  Bibles from America would like to give you a free recovery version simply for the asking.
[01:59:32.520 --> 01:59:43.520]  This comprehensive yet compact study Bible is yours just by calling us toll-free at 1-888-551-0102,
[01:59:43.520 --> 01:59:47.520]  or by ordering online at freestudybible.com.
[01:59:47.520 --> 02:00:06.520]  That's freestudybible.com. You are listening to the Logos Radio Network. LogosRadioNetwork.com.