ROL_2013-02-22_16k_Hr3-4.timecode

[00:00.000 --> 00:10.200]  You are listening to the Liberty Beats, your daily source for Liberty News and activist
[00:10.200 --> 00:15.400]  updates online at thelibertybeats.com.
[00:15.400 --> 00:20.400]  John Bush here with your Liberty Beats for February 22, 2013.
[00:20.400 --> 00:29.560]  Gold open today at $1571, silver at $28.70 and Bitcoin is trading at $31.24.
[00:29.560 --> 00:34.480]  Today's edition of the Liberty Beat is sponsored by Voice and Exit, conference in Austin taking
[00:34.480 --> 00:39.560]  place March 9, exploring social entrepreneurship and radical community.
[00:39.560 --> 00:42.680]  Tickets and information online at voiceandexit.com.
[00:42.680 --> 00:43.680]  And now the news.
[00:43.680 --> 00:49.560]  A U.S. senator has said an estimated 4,700 people, including some civilians, have been
[00:49.560 --> 00:53.800]  killed in the contentious bombing raids of America's secretive drone war.
[00:53.800 --> 00:57.360]  It was the first time a politician or any government representative had referred to
[00:57.360 --> 01:01.680]  a total number of fatalities in the drone strikes, which had been condemned by rights
[01:01.680 --> 01:05.080]  groups as extrajudicial assassinations.
[01:05.080 --> 01:08.600]  The toll from hundreds of drone-launched missile strikes against suspected al-Qaeda
[01:08.600 --> 01:13.020]  militants in Pakistan, Yemen and elsewhere has remained a mystery as U.S. officials
[01:13.020 --> 01:18.040]  refused to publicly discuss any details of the covert campaign.
[01:18.040 --> 01:23.480]  In 2008, President Barack Obama made statements regarding a, quote, civilian national security
[01:23.480 --> 01:24.480]  force.
[01:24.480 --> 01:27.940]  Just that day, many have been curious as to what President Obama had in mind when he
[01:27.940 --> 01:29.640]  made that statement.
[01:29.640 --> 01:33.840]  Representative Charles Rangel may have just given a bit of insight into what he meant when
[01:33.840 --> 01:36.800]  he introduced HR748 last week.
[01:36.800 --> 01:42.360]  HR748 would require all persons in the United States between the ages of 18 and 25 to perform
[01:42.360 --> 01:43.760]  national service.
[01:43.760 --> 01:47.360]  These persons in the United States would either serve the country as a member of uniform
[01:47.360 --> 01:50.360]  services or as a civilian service.
[01:50.360 --> 01:54.440]  The civilian service could be served with a federal, state or local government program.
[01:54.440 --> 01:58.240]  Federal government programs include community-based organizations.
[01:58.240 --> 02:03.040]  An Illinois state representative has introduced the Internet Posting Removal Act, which was
[02:03.040 --> 02:08.280]  introduced February 13 by Illinois General Assembly veteran Iris Silverstein, a Democrat.
[02:08.280 --> 02:09.640]  Here's a summary of the bill.
[02:09.640 --> 02:14.280]  The act provides that a website administrator shall, upon request, remove any posted comments
[02:14.280 --> 02:18.560]  posted by an anonymous poster unless the anonymous poster agrees to attach his or her name to
[02:18.560 --> 02:24.400]  the post and confirm that his or her IP address, legal name and home address, are accurate.
[02:24.400 --> 02:27.640]  Privacy advocates are protesting the measure.
[02:27.640 --> 02:31.720]  Members of the Task Force proposing regulations for recreational marijuana in Colorado approved
[02:31.720 --> 02:36.440]  recommendations Tuesday that would allow for marijuana tourism but block out-of-state
[02:36.440 --> 02:40.520]  pot shop owners.
[02:40.520 --> 02:45.600]  Today's edition of the Liberty Beat is sponsored by Central Texas Gun Works, CHL courses and
[02:45.600 --> 02:52.040]  firearm sales, online at CentralTexasGunWorks.com and by Brave New Books, free thinking materials
[02:52.040 --> 02:59.040]  for free people since 2006, online at BraveNewBookStore.com.
[03:22.040 --> 03:39.480]  Okay, we are back, Randy Kelton with Winston Wallace.
[03:39.480 --> 03:47.600]  We're talking about loan modifications and Roseanne, we've held you up for quite a while.
[03:47.600 --> 03:52.600]  I hear you have a question about some Ohio judges.
[03:52.600 --> 03:54.600]  Hi, Randy.
[03:54.600 --> 03:55.600]  Howdy.
[03:55.600 --> 04:03.600]  I, well, we spoke last week and Winston, I know you're talking about the foreclosure
[04:03.600 --> 04:08.280]  and arms sittings, you're listing all this and, you know, I'm all sitting down and all
[04:08.280 --> 04:12.600]  of our problems going on through the country, it all comes back to the same thing, doesn't
[04:12.600 --> 04:13.600]  it?
[04:13.600 --> 04:15.600]  The money, the power, it all comes back.
[04:15.600 --> 04:22.040]  And last week when I called in, because the thing's going on with my parents, my mom
[04:22.040 --> 04:26.440]  murdered six years ago, my dad's probate, and you told me about some things and I went
[04:26.440 --> 04:30.560]  out on your website and I'm looking for all these criminal complaints, I'm going out here
[04:30.560 --> 04:34.600]  and there's jurisprudence searching all around, okay?
[04:34.600 --> 04:39.600]  I knew what people were telling me, I go where they tell me to go, and I found some interesting
[04:39.600 --> 04:44.600]  things, but I stumbled on something that just kind of blew me away.
[04:44.600 --> 04:50.640]  If you go to the top frog on the right, the documents and research, if you go into that
[04:50.640 --> 04:58.040]  and the sixth number down is federal court, inspire against pro say, and you click that
[04:58.040 --> 05:04.440]  open, there's two links, one on the Ohio Supreme Court judge conference seat.
[05:04.440 --> 05:07.440]  I opened that up because I'm in Ohio, right?
[05:07.440 --> 05:10.920]  I opened that up and it's an audio.
[05:10.920 --> 05:13.240]  Where did you get that?
[05:13.240 --> 05:22.240]  I didn't need to have people listen to that, oh my God, I was just falling off my chair.
[05:22.240 --> 05:29.280]  Yes, I do the radio show and I have people sending me stuff from all over the country
[05:29.280 --> 05:37.640]  and for those of you who don't know what she's referring to, this is a seminar for judges
[05:37.640 --> 05:47.880]  in Ohio and the presenter is a federal judge and he's explaining to the state judges that
[05:47.880 --> 05:56.320]  if you screw these pro say's, when they come to our courts, we will uphold your rulings.
[05:56.320 --> 06:02.640]  It is as outrageously blatant as it could get.
[06:02.640 --> 06:08.880]  I can't get all the way through it, after it gets so far, it wants to close down.
[06:08.880 --> 06:14.200]  Now it looks like there's three hours there, can you check on that and make sure it's all
[06:14.200 --> 06:15.200]  loaded up there?
[06:15.200 --> 06:21.320]  Like there isn't a flaw in the link or something because I'd like to hear the rest of it but
[06:21.320 --> 06:26.320]  I don't think I'm getting it but what I'm getting from there, it starts off with this
[06:26.320 --> 06:31.520]  Mike Reynolds from the Southern Property Law Center speaking to the Ohio Supreme Court.
[06:31.520 --> 06:35.720]  This is when Moyer is still alive, he's passed away a few years ago.
[06:35.720 --> 06:43.400]  So it must be somewhere right before he passed on and this Mike Reynolds is talking about
[06:43.400 --> 06:49.360]  the common law movement, oh my gosh, and this patriot movement.
[06:49.360 --> 06:51.360]  We are dangerous people.
[06:51.360 --> 06:57.200]  We're a radical group and we're just not happy about the court's decision.
[06:57.200 --> 06:58.200]  Hello?
[06:58.200 --> 07:01.640]  Hey, I'm on their list.
[07:01.640 --> 07:07.000]  Well I can't get that far because it wants to cut off after, I don't know how much time
[07:07.000 --> 07:10.200]  it goes into it but then it just wants to shut down.
[07:10.200 --> 07:13.960]  I didn't hear your name in there but I'm not saying it's not there, I can't get all the
[07:13.960 --> 07:14.960]  way through it.
[07:14.960 --> 07:27.480]  No, no, my name's not in there but the Southern Property Law Center lists me as anti-government.
[07:27.480 --> 07:35.600]  Me and Deborah and Eddie Craig, we're all a bunch of right-wing radicals.
[07:35.600 --> 07:38.480]  I called them up and crawled down their throats.
[07:38.480 --> 07:42.520]  I intended to sue them for defamation, it just didn't get time to get to it.
[07:42.520 --> 07:46.520]  I think maybe they do me more good than harm by having me on there.
[07:46.520 --> 07:51.360]  Southern Property Law Center is paid by the government, it's just propaganda organization.
[07:51.360 --> 08:05.840]  They're all the government, all those agencies out there we think are out there to help us,
[08:05.840 --> 08:12.000]  they are for the most part all of them paid by the government.
[08:12.000 --> 08:18.160]  They're bubble gum to give us the impression that something is actually being done in our
[08:18.160 --> 08:24.000]  benefit and that nothing could be further from the truth.
[08:24.000 --> 08:28.360]  The only thing that's going to be done in our benefit is we're going to have to do it
[08:28.360 --> 08:36.920]  and that particular presentation is an indication that the courts are going to rule against
[08:36.920 --> 08:39.600]  you out of hand at every turn.
[08:39.600 --> 08:43.720]  People need to listen, I'm telling you, people need to listen to this.
[08:43.720 --> 08:51.480]  Okay, do a search online for that, someone sent it to me.
[08:51.480 --> 08:56.920]  If mine is damaged, look online, you'll probably find it somewhere.
[08:56.920 --> 09:03.320]  They may, I suspect they tried to get rid of it but so many people had it, it went viral
[09:03.320 --> 09:08.760]  that they couldn't recover it.
[09:08.760 --> 09:12.440]  Have a search for it, you might find it.
[09:12.440 --> 09:20.360]  The point of that is, if you go to court as a prosa, the courts are going to rule against
[09:20.360 --> 09:27.040]  you out of hand at every turn, yes, you've got to expect that but that's okay, we can
[09:27.040 --> 09:28.040]  handle that.
[09:28.040 --> 09:33.040]  I'm an engineer, and engineers don't complain about mother nature.
[09:33.040 --> 09:36.120]  Mother nature is what she is.
[09:36.120 --> 09:41.760]  Things are what they are, we not like it, we can complain about it but we've got to
[09:41.760 --> 09:43.320]  deal with it.
[09:43.320 --> 09:49.040]  This big humongous object, it rises up in the sky, hangs there a moment, crashes to the
[09:49.040 --> 09:54.880]  ground, shakes the ground from miles around, rises back up, hangs there a second, crashes
[09:54.880 --> 09:55.880]  to the ground.
[09:55.880 --> 10:02.640]  Now you might say, well that's a stupid arrangement but first get out from under it, you'll get
[10:02.640 --> 10:07.480]  smashed, figure out how things work and do them that way.
[10:07.480 --> 10:11.360]  Okay, court is going to rule against us out of hand at every turn, so what we can do,
[10:11.360 --> 10:13.480]  what can we do about it?
[10:13.480 --> 10:21.760]  Well, we can introduce them to the prosa from hell.
[10:21.760 --> 10:28.920]  Prosas have powers and abilities far beyond those of mortal judges and lawyers.
[10:28.920 --> 10:38.600]  We can kick their behinds, I tell people when I walk into a courthouse, I am the baddest
[10:38.600 --> 10:45.440]  motor scooter in the building and there's only one reason I'm the baddest motor scooter
[10:45.440 --> 10:50.640]  in the building and that's because I'm nobody.
[10:50.640 --> 11:01.640]  I'm not a judge, I'm not a lawyer, I'm not a clerk or a bailiff or magistrate, I am
[11:01.640 --> 11:04.640]  the sovereign.
[11:04.640 --> 11:12.600]  They are all my servants, they're not our servants, this is not a democracy, they are
[11:12.600 --> 11:18.880]  my servants, this is a republic, they all work for me, okay, they work for you too but
[11:18.880 --> 11:28.280]  they work for me directly because I am a citizen in a republic and that makes me the baddest
[11:28.280 --> 11:34.840]  motor scooter in the building because I can take them all to task.
[11:34.840 --> 11:41.680]  Judges hate prosa's, they don't hate prosa's because prosa's file stupid pleadings, they
[11:41.680 --> 11:47.760]  hate prosa's because every once in a while they run across the prosa from hell.
[11:47.760 --> 11:54.600]  The one who files a judicial conduct complaint against a judge every time he moves and the
[11:54.600 --> 11:58.920]  Commission on Judicial Conduct will get that complaint and they'll throw it in the trash.
[11:58.920 --> 12:03.920]  If it's a federal judge it goes to the Court of Appeals and they'll throw it in the trash.
[12:03.920 --> 12:10.960]  That's a good thing because the bonding agency won't throw it in the trash, they're going
[12:10.960 --> 12:15.240]  to bump their bond up the only way I know how to get rid of a federal judge is either
[12:15.240 --> 12:18.800]  impeach him or get his bond jerked.
[12:18.800 --> 12:24.560]  If he gets enough complaints against him that the bonding agency won't bond him anymore
[12:24.560 --> 12:28.400]  he's out of here.
[12:28.400 --> 12:31.480]  Lawyers, bar grievances, same thing.
[12:31.480 --> 12:35.120]  One bar grievance, your first year of practice, they'll cancel your malpractice insurance
[12:35.120 --> 12:36.120]  immediately.
[12:36.120 --> 12:39.880]  Two bar grievances, any one year of practice, they will cancel.
[12:39.880 --> 12:47.120]  I had a lawyer tell me that was patently unfair, so yeah it is, he looked at me grin
[12:47.120 --> 12:51.720]  from ear to ear and he said, I really shouldn't have told you that.
[12:51.720 --> 12:55.520]  Two bar grievances, any one year of practice, they'll cancel.
[12:55.520 --> 13:01.120]  One bar grievance, a double your malpractice insurance and the jury starts about $35,000
[13:01.120 --> 13:03.120]  a year.
[13:03.120 --> 13:07.320]  So this is a big deal, we can hurt them.
[13:07.320 --> 13:14.360]  You file a judicial conduct complaint against the judge, if he says one word about it, tampering
[13:14.360 --> 13:18.200]  with the witness obstruction of justice, those are felonies.
[13:18.200 --> 13:22.600]  So you can beat them up, they can't do anything about it.
[13:22.600 --> 13:28.920]  The we can file pleadings that a lawyer would never get away with filing, they pull his
[13:28.920 --> 13:36.560]  bar card because the banks have all of this political power because they have so much
[13:36.560 --> 13:37.560]  money.
[13:37.560 --> 13:42.720]  They can't do anything to us, because the bank's a fortune, we start pushing for criminal
[13:42.720 --> 13:48.760]  complaints and when we file with a prosecuting attorney, which we had someone just do, and
[13:48.760 --> 13:53.760]  the prosecutor more on actually send him a letter saying they absolutely never take
[13:53.760 --> 13:56.720]  complaints from private citizens.
[13:56.720 --> 14:04.400]  Wonderful, now we go to the grand jury and say, what about this, 2.03 code of criminal
[14:04.400 --> 14:05.400]  procedure?
[14:05.400 --> 14:09.360]  And I'm sure if you check with them, they're going to have a public integrity unit.
[14:09.360 --> 14:14.560]  If they have a public integrity unit that prosecutes an attorney, that's a conspiracy
[14:14.560 --> 14:15.560]  to commit.
[14:15.560 --> 14:21.920]  So we file against the prosecuting attorney for not prosecuting this poor notary or this
[14:21.920 --> 14:25.360]  bank official.
[14:25.360 --> 14:29.040]  With the attorney general, when the attorney general refuses to work, we file with the
[14:29.040 --> 14:30.960]  chief justice of the Supreme.
[14:30.960 --> 14:35.560]  When the chief justice of the Supreme refuses to prosecute the attorney general because
[14:35.560 --> 14:39.200]  he wouldn't prosecute, the district attorney would go to the grand jury against the chief
[14:39.200 --> 14:50.040]  justice and just create havoc and there is nothing they can do.
[14:50.040 --> 14:59.360]  One word by Bailey for police officer carrying a pistol, then you go to the prosecuting attorney
[14:59.360 --> 15:03.680]  and file criminal charges against the chief justice for sending that guy out to harass
[15:03.680 --> 15:08.920]  you because you filed criminal charges against the chief justice.
[15:08.920 --> 15:13.080]  I live in a small county north of Fort Worth.
[15:13.080 --> 15:18.640]  The sheriff's deputy came to me several years ago and said, what did you do to the sheriff?
[15:18.640 --> 15:20.400]  I said, well, I haven't done anything to him lately.
[15:20.400 --> 15:21.400]  Why?
[15:21.400 --> 15:23.880]  He said, well, we had real cold this morning.
[15:23.880 --> 15:27.520]  He asked who ran to Kelton about half of us raised her hand.
[15:27.520 --> 15:31.720]  He said, look, you are not to stop him.
[15:31.720 --> 15:39.720]  You are not to cite him and whatever you do, don't put that SOB in my jail.
[15:39.720 --> 15:43.920]  That's what happens when they run into the process from hell.
[15:43.920 --> 15:44.920]  They hate process.
[15:44.920 --> 15:50.640]  They're going to rule against us out of hand at every turn, but we have tools we can use
[15:50.640 --> 15:56.800]  to bring that bank to the table because they do not want to run the gauntlet with us.
[15:56.800 --> 16:00.080]  And that's my story and I'm sticking to it.
[16:00.080 --> 16:07.760]  This guy was just going on about, all they're trying to get all these juries, these grand
[16:07.760 --> 16:11.920]  juries going on, and if they get all these juries going, then they're going to come
[16:11.920 --> 16:16.960]  after the judges and then they're going to be taking the judges and he was threatening
[16:16.960 --> 16:17.960]  these judges with us.
[16:17.960 --> 16:22.960]  I was shocked listening to this.
[16:22.960 --> 16:23.960]  He was right about that.
[16:23.960 --> 16:30.600]  You know what I'm saying, he was just, he's telling us some kind of like a radical group
[16:30.600 --> 16:33.600]  and I just want to get it right.
[16:33.600 --> 16:39.880]  I want to get the government out of our business and get all this collusion and, you know.
[16:39.880 --> 16:40.880]  Okay, okay, hold on.
[16:40.880 --> 16:41.880]  We're about to go to break.
[16:41.880 --> 16:45.520]  This is Randy Kelton, Debbie Stephens, Eddie Craig, Wheel of All Radio.
[16:45.520 --> 16:49.280]  Our call in number 512-646-1984.
[16:49.280 --> 16:50.280]  Give us a call.
[16:50.280 --> 16:57.280]  We'll be right back on the other side.
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[19:00.600 --> 19:13.200]  If you are listening to the Logos Radio Network, www.logosradionetwork.com, well don't let
[19:13.200 --> 19:19.120]  nothing get to you, only the part I can't do it by you, and don't let backmine people
[19:19.120 --> 19:27.880]  hurt you, until it doesn't get behind you, you know what I mean, my friend, now I got
[19:27.880 --> 19:34.880]  you with a couple of those things that hurt me crazy, tellin' ya problem man, callin'
[19:34.880 --> 19:43.200]  his name once a day, every day you know he will stay in, those things that hurt me crazy,
[19:43.200 --> 19:51.400]  tellin' ya problem man, callin' his name once a day, every day you know he will stay
[19:51.400 --> 19:52.400]  in.
[19:52.400 --> 19:59.400]  If you are listening to the Logos Radio Network, www.logosradionetwork.com, well don't
[19:59.400 --> 20:08.400]  let nothing get to you, you know what I mean, my friend, now I got you with a couple of
[20:08.400 --> 20:18.400]  those things that hurt me crazy, tellin' ya problem man, callin' his name once a day, every
[20:18.400 --> 20:25.400]  day you know he will stay in, trust in the heart of your friend.
[20:25.400 --> 20:31.600]  Okay, we are back, Randy Kelton, we live on radio with Winston Wallace and Sarsha Delay
[20:31.600 --> 20:38.040]  had a little technical glitch on the break, we're talking to Roseanne in Ohio.
[20:38.040 --> 20:43.280]  Okay, Roseanne you sound a little wound up.
[20:43.280 --> 20:46.200]  I sound wound up?
[20:46.200 --> 20:47.200]  Yeah.
[20:47.200 --> 20:48.200]  You what?
[20:48.200 --> 20:57.680]  You shouldn't be surprised by this and fortunately the public is becoming more aware of this.
[20:57.680 --> 21:06.240]  When I first started doin' this show, we had a lot of people talking about the sheeple,
[21:06.240 --> 21:10.560]  those who were asleep and those who were awake.
[21:10.560 --> 21:15.240]  I haven't heard that term in a couple of years.
[21:15.240 --> 21:20.520]  If you're not awake now, you're in a coma.
[21:20.520 --> 21:28.440]  The public is clearly waking up to the problems that are occurring and we're really beginning
[21:28.440 --> 21:35.880]  to make a difference and hearing stuff like this is gonna make people really, really unhappy
[21:35.880 --> 21:41.920]  with these guys, so I was pleased to see it.
[21:41.920 --> 21:49.400]  The more stuff like that they do, the more they justify and venerate our positions.
[21:49.400 --> 21:58.800]  Well, I just like to always know my opponent and I like to, it doesn't hurt to listen to
[21:58.800 --> 22:04.560]  him, pay attention, you know, you're better equipped to deal with it when you know what's
[22:04.560 --> 22:06.560]  coming at you.
[22:06.560 --> 22:12.360]  Exactly, the thing they hate the most is the knowledgeable process.
[22:12.360 --> 22:13.360]  Right.
[22:13.360 --> 22:20.040]  And so when I heard this, I mean, I've just never heard anything this, oh, it was almost
[22:20.040 --> 22:21.040]  like a cult thing.
[22:21.040 --> 22:27.280]  It was, I mean, it was, it was something I've just, I've never heard it in this manner
[22:27.280 --> 22:28.280]  before.
[22:28.280 --> 22:38.480]  And lining us out to be some kind of a underground, you know, movement and she was going to republic,
[22:38.480 --> 22:42.960]  you know, we're in a democracy, blah, blah, blah, and they wanted to pop, we weren't in
[22:42.960 --> 22:46.680]  a republic and I'm thinking, who are you?
[22:46.680 --> 22:53.400]  I was just not gonna surprise me, it's just, it was just presented in a whole different
[22:53.400 --> 22:54.400]  way.
[22:54.400 --> 23:00.640]  And I was almost like, do they think they're not being tased or do they think this is never
[23:00.640 --> 23:03.920]  going to get out or, you know, fans?
[23:03.920 --> 23:10.040]  Have you seen the latest science fiction show Continuum?
[23:10.040 --> 23:15.600]  It's called Continuum?
[23:15.600 --> 23:16.600]  It's Continuum.
[23:16.600 --> 23:22.000]  It starts out in 65 years in the future.
[23:22.000 --> 23:25.920]  And God, the big business has taken over everything.
[23:25.920 --> 23:29.760]  It's clearly a fascist society.
[23:29.760 --> 23:34.520]  And these people are fighting against big business, trying to get their rights back
[23:34.520 --> 23:39.560]  and they blow up a big building and kill a whole bunch of officials, it was a government
[23:39.560 --> 23:45.960]  building and they're going to execute them and they work out a way to go back in time
[23:45.960 --> 23:49.520]  and they drop back 65 years.
[23:49.520 --> 23:54.520]  And by accident a cop goes back with them.
[23:54.520 --> 23:58.960]  And through the whole show, they've got this group of people who were fighting for everybody's
[23:58.960 --> 24:08.760]  rights and they have them just murder everybody they get close to.
[24:08.760 --> 24:12.400]  I thought, are you kidding me?
[24:12.400 --> 24:19.040]  Do you really think the public is still so ignorant and so uninformed?
[24:19.040 --> 24:28.320]  That you're able to pose people who are talking about fighting for the rights of the people
[24:28.320 --> 24:32.360]  and then have them slaughter the people at the same time.
[24:32.360 --> 24:41.880]  Right now, if you call yourself a sovereign, you are considered an enemy of the government.
[24:41.880 --> 24:50.920]  They're doing everything they can to demonize our most basic terminology.
[24:50.920 --> 25:02.440]  Well the concept has been that the average mentality is about 13, an eighth grader.
[25:02.440 --> 25:11.400]  Well that might have been the case 25 years ago, it's not the case anymore.
[25:11.400 --> 25:19.520]  George Orwell wrote 1984 and that's the reason for a number there, it's a reference to that.
[25:19.520 --> 25:27.200]  He postulated that the government would get control of information and thereby get control
[25:27.200 --> 25:28.600]  of the people.
[25:28.600 --> 25:33.520]  Well, he never planned on the internet.
[25:33.520 --> 25:40.280]  It didn't work that way, actually it worked exactly the opposite.
[25:40.280 --> 25:47.360]  The government is having more trouble trying to control the people now than it ever did.
[25:47.360 --> 25:51.360]  We have all these people talking about how bad things are.
[25:51.360 --> 25:56.120]  Okay, maybe they're bad, but they're not as bad as they have been.
[25:56.120 --> 26:06.280]  I was reading some work by a guy named Zacharias Etchin and he was interpreting Sumerian writings.
[26:06.280 --> 26:15.360]  He told of a plaque that he interpreted and it was petitioned by a king 5,500 years ago
[26:15.360 --> 26:24.560]  and he was proclaiming that he was reasserting the old law as those in positions of power
[26:24.560 --> 26:34.640]  and influence had so perverted the laws that the citizen could no longer achieve justice.
[26:34.640 --> 26:37.440]  Is this familiar?
[26:37.440 --> 26:47.200]  If this has been going on for at least 5,500 years, do you really think it's going to stop
[26:47.200 --> 26:50.000]  tomorrow?
[26:50.000 --> 26:57.920]  The courts are corrupt, they always have been since the first day they were instituted and
[26:57.920 --> 27:01.240]  they're going to stay that way.
[27:01.240 --> 27:09.520]  But somehow the public has managed to struggle through and gradually gain more and more rights
[27:09.520 --> 27:17.680]  and control over the government and we're still doing that, our momentum is increasing
[27:17.680 --> 27:22.920]  and the closer we get to tossing the chumps out, the more frantic and outrageous they
[27:22.920 --> 27:23.920]  get.
[27:23.920 --> 27:30.720]  So, to see this kind of outrageous nonsense, especially to see it going viral on the Internet
[27:30.720 --> 27:35.000]  is absolutely wonderful.
[27:35.000 --> 27:43.400]  My favorite YouTube video is this fat cop in a commuter shorts harassing these kids
[27:43.400 --> 27:50.440]  on skateboards and he's really being a stinker and one of them's got a video camera videoing
[27:50.440 --> 27:55.400]  him and he turns to him, he said, I better not see this on YouTube.
[27:55.400 --> 28:00.400]  That's exactly where I saw it.
[28:00.400 --> 28:16.640]  So in the student protests in Pittsburgh recently, the police were arresting one of the protesters
[28:16.640 --> 28:21.640]  and they probably had a hundred video cameras on them.
[28:21.640 --> 28:28.280]  They could hardly move for people around them with video cameras and they were being extremely
[28:28.280 --> 28:31.320]  careful with what they were doing.
[28:31.320 --> 28:35.520]  So, things are changing, they're changing in our favor.
[28:35.520 --> 28:40.800]  Okay, do you have anything else for us?
[28:40.800 --> 28:45.520]  No, it was just amazing, you know, he was always saying how we're disgruntled because
[28:45.520 --> 28:51.520]  of taxes and because we're not getting our way in the courts and because we're not happy
[28:51.520 --> 28:55.800]  about the court's decisions and I'm thinking, well the courts aren't even using the statutes
[28:55.800 --> 29:02.800]  anymore, they just sit up there and decide, you know, whatever they pull out of, you know,
[29:02.800 --> 29:06.040]  they're just stationary, bogs fast.
[29:06.040 --> 29:14.280]  The courts should take that as fair warning and now the primary purpose of this show is
[29:14.280 --> 29:21.680]  to get people to start taking those court officials to their own courts.
[29:21.680 --> 29:28.560]  There's one area in there over which they don't have control and that's the grand jury.
[29:28.560 --> 29:33.400]  That's the one thing that still terrifies all of them.
[29:33.400 --> 29:37.480]  Our founders knew what they were doing when they put them in place.
[29:37.480 --> 29:42.920]  It's up to us to use them like Benjamin Franklin said when asked, what did you give us?
[29:42.920 --> 29:48.080]  I gave you a republic, we gave you a republic if you can keep it, this is Randy Kelton,
[29:48.080 --> 29:53.080]  I'm Steve Eddie Craig, we'll have our radio, Johnny Roger, I'll see you, I'll get to you
[29:53.080 --> 30:02.000]  when we get back on the other side, we'll be right back.
[30:02.000 --> 30:06.680]  Political persecution can turn families into refugees but in Sweden and Germany, parents
[30:06.680 --> 30:10.800]  are being forced to leave their homelands because they want to homeschool their kids.
[30:10.800 --> 30:16.840]  I'm Dr. Kaplan Albrecht, back with the stories of the homeschooling refugees, next.
[30:16.840 --> 30:18.560]  Privacy is under attack.
[30:18.560 --> 30:22.960]  When you give up data about yourself, you'll never get it back again and once your privacy
[30:22.960 --> 30:27.160]  is gone, you'll find your freedoms will start to vanish too.
[30:27.160 --> 30:32.480]  So protect your rights, say no to surveillance and keep your information to yourself.
[30:32.480 --> 30:34.920]  Privacy, it's worth hanging on to.
[30:34.920 --> 30:40.560]  This message is brought to you by StartPage.com, the private search engine alternative to Google,
[30:40.560 --> 30:42.240]  Yahoo and Bing.
[30:42.240 --> 30:46.240]  Start over with StartPage.
[30:46.240 --> 30:52.040]  Known as Himmelstrand, a Swedish father and Dagmar Newbrunner, a German mother, are refugees.
[30:52.040 --> 30:56.000]  They didn't leave their homelands because of war or politics, they left because their
[30:56.000 --> 30:58.760]  governments punished them for homeschooling their kids.
[30:58.760 --> 31:03.760]  Threatened with financial ruin and the seizure of his children, Himmelstrand fled to Finland
[31:03.760 --> 31:07.440]  when his government banned home education in 2010.
[31:07.440 --> 31:11.160]  Newbrunner similarly left Germany and now lives in France.
[31:11.160 --> 31:15.600]  Directing the education of a child is one of the most basic of parental rights.
[31:15.600 --> 31:19.640]  Persecuting parents for controlling their own kids' education is a violation of their
[31:19.640 --> 31:20.640]  human rights.
[31:20.640 --> 31:24.200]  It's probably just as well those parents left those countries.
[31:24.200 --> 31:31.680]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[31:31.680 --> 31:37.040]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[31:37.040 --> 31:39.200]  The government says that fire brought it down.
[31:39.200 --> 31:44.120]  However, 1,500 architects and engineers have concluded it was a controlled demolition.
[31:44.120 --> 31:48.120]  Over 6,000 of my fellow service members have given their lives, and thousands of my fellow
[31:48.120 --> 31:49.560]  force responders are playing.
[31:49.560 --> 31:53.400]  I'm not a conspiracy theorist, I'm a structural engineer, I'm a New York City correctional,
[31:53.400 --> 31:58.200]  I'm an Air Force pilot, I'm a father who lost his son, we're Americans and we deserve the
[31:58.200 --> 31:59.200]  truth.
[31:59.200 --> 32:02.320]  Go to RememberBuilding7.org today.
[32:02.320 --> 32:07.320]  It is so enlightening to listen to 90.1 FM, but finding things on the internet isn't so
[32:07.320 --> 32:10.960]  easy and neither is finding like-minded people to share it with.
[32:10.960 --> 32:13.960]  Oh, well I guess you haven't heard of Brave No Books then.
[32:13.960 --> 32:14.960]  Brave No Books?
[32:14.960 --> 32:20.280]  Yes, Brave No Books has all the books and DVDs you're looking for by authors like Alex Jones,
[32:20.280 --> 32:22.280]  Ron Paul and G. Edward Griffin.
[32:22.280 --> 32:25.680]  They even stock inner food, Berkey products, and Calvin Soap's.
[32:25.680 --> 32:28.600]  There's no way a place like that exists.
[32:28.600 --> 32:33.960]  Go check it out for yourself, it's downtown at 1904 Guadalupe Street, just south of UT.
[32:33.960 --> 32:37.760]  Oh, by UT, there's never anywhere to park down there.
[32:37.760 --> 32:43.120]  Actually, they now offer a free hour of parking for paying customers at the 500 MLK parking
[32:43.120 --> 32:45.120]  facility just behind the bookstore.
[32:45.120 --> 32:49.120]  It does exist, but when are they open?
[32:49.120 --> 32:57.640]  Monday through Saturday, 11am to 9pm and 1-6pm on Sundays, so give them a call at 512-480-2503
[32:57.640 --> 33:00.440]  or check out their events page at BraveNoBookstore.com.
[33:00.440 --> 33:25.440]  Live, free speech radio, LogosRadioNetwork.com.
[33:30.440 --> 33:50.440]  Okay, we are back, Randy Kelton, Deborah Stevens, Brave Law Radio, we're here with Winston Wallace
[33:50.440 --> 33:54.920]  and we're taking your calls, we're talking to Roseanne in Ohio.
[33:54.920 --> 33:58.920]  Roseanne, do you have anything else because we really need to move along, the calls are
[33:58.920 --> 34:00.920]  stacking up on us.
[34:00.920 --> 34:05.920]  Yeah, I found an anti-government movement guidebook, it's a 200 page book, I went and
[34:05.920 --> 34:09.920]  did what you said, so I'm going to be on a search mission now, but it's for the court,
[34:09.920 --> 34:14.920]  the national court system that's reviewing common law courts in the United States that
[34:14.920 --> 34:15.920]  are popping up.
[34:15.920 --> 34:17.920]  So, yes, the fair owner.
[34:17.920 --> 34:25.560]  Okay, one thing, I do a Monday night show with Pastor Massad and he keeps saying that
[34:25.560 --> 34:34.800]  his is the most pro-government show on radio and I would say we're up there close to him.
[34:34.800 --> 34:41.800]  We are a pro-government show, we're not anti-government at all, we're pro-good government, not pro-bad
[34:41.800 --> 34:42.800]  government.
[34:42.800 --> 34:47.960]  Now, this is their book, this is the National Center for State Courts, this is the fair
[34:47.960 --> 34:55.960]  owner of the court, it's called, the anti-government movement guidebook, it's teaching them about
[34:55.960 --> 35:02.200]  the common law courts that are popping up in the country, so this is for them.
[35:02.200 --> 35:10.040]  Okay, you can go to the Southern Poverty Law Center and look on their list of all of the
[35:10.040 --> 35:16.280]  anti-government people around, you'll find us on there, I think that did us a lot of
[35:16.280 --> 35:24.680]  good, it brought up our recognition, anybody that the Southern Poverty Law Center doesn't
[35:24.680 --> 35:27.720]  like, must be good for the country.
[35:27.720 --> 35:28.720]  Yeah.
[35:28.720 --> 35:34.280]  Okay, we need to move on long, we've got a number of callers.
[35:34.280 --> 35:37.280]  Okay, we'll talk to you later, Randy.
[35:37.280 --> 35:39.760]  Okay, thank you for calling, Ozanne.
[35:39.760 --> 35:44.000]  Okay, now we're going to go to Johnny in Texas.
[35:44.000 --> 35:45.000]  Hey, Randy.
[35:45.000 --> 35:48.240]  Okay, John, what do you got for us?
[35:48.240 --> 35:56.880]  Well, we talked a little bit earlier about filing criminal complaints on someone who
[35:56.880 --> 36:05.760]  is falsely claiming to be a bona fide purchaser, and I was trying to relate that back to exactly
[36:05.760 --> 36:13.480]  what Texas statutes would be applicable, I mean, I understand the implications related
[36:13.480 --> 36:20.520]  to, you know, bona fide purchaser or falsely claiming to be one, but as far as in terms
[36:20.520 --> 36:25.960]  of filing criminal charges on them, I'm having trouble relating that back to specific statutes
[36:25.960 --> 36:28.040]  to put in a criminal complaint.
[36:28.040 --> 36:39.520]  Okay, if a someone files into the county record a document that is defined as fraudulent under
[36:39.520 --> 36:51.160]  51-901C, and a document that's defined as fraudulent under 51-901C is a document that
[36:51.160 --> 37:00.760]  affects title filed by some person who does not have evidence of power of attorney in
[37:00.760 --> 37:09.240]  the record to act for the entity they claim to act for, or there's nothing in the record
[37:09.240 --> 37:19.560]  that would show that this entity has authority granted by someone with authority to effect
[37:19.560 --> 37:22.560]  title.
[37:22.560 --> 37:32.000]  So we maintain that MERS is mentioned in the deed of trust, but since the appointment
[37:32.000 --> 37:41.480]  of MERS is a grant that only the borrower can make because the appointment of MERS grants
[37:41.480 --> 37:47.600]  beneficial interest to MERS and beneficial interest does not belong to the borrower,
[37:47.600 --> 37:51.880]  I'm sorry, I said borrow before I meant lender, it does not belong to the borrower, it belongs
[37:51.880 --> 37:59.600]  to the lender, the borrower cannot give away that which belongs to the lender, and since
[37:59.600 --> 38:08.400]  the lender did not affirm the contract, the inclusion of MERS is not affirmed, so it's
[38:08.400 --> 38:16.760]  null and void, and that is obvious on the face of the document, and that document is
[38:16.760 --> 38:25.880]  in the public record, and being in the public record, everyone is imputed to have full knowledge
[38:25.880 --> 38:32.400]  of the contents of those documents, whether the act has actual knowledge or not is irrelevant,
[38:32.400 --> 38:38.920]  he has imputed knowledge and his case law to that effect, I don't have that memorized.
[38:38.920 --> 38:46.880]  So anyone who acts in concert and collusion with this fraudulent act is vicariously liable,
[38:46.880 --> 38:56.320]  it's a statute on, lots of case law on vicarious liability, and in Chapter 7 code of criminal
[38:56.320 --> 39:00.360]  procedure that goes to culpability, if you act in concert and collusion, you're criminally
[39:00.360 --> 39:04.320]  culpable with the actor.
[39:04.320 --> 39:13.560]  So we maintain that the foreclosure was fraudulent because it was based on a fraudulent assignment
[39:13.560 --> 39:23.280]  by a company that under 51901 had no power to make the assignment, therefore the substitute
[39:23.280 --> 39:32.600]  trustee was without any, without claim on legal title of the property, the deed of trust
[39:32.600 --> 39:44.680]  will normally transfer the beneficial interest to the lender, and the equitable title to
[39:44.680 --> 39:52.320]  the lender, legal title to the trustee, and the trustee is to hold that legal title in
[39:52.320 --> 39:56.800]  trust for the benefit of both parties.
[39:56.800 --> 40:06.920]  But the deed of trust has mercy in it, and together with Chapter, the transfer of property
[40:06.920 --> 40:14.920]  paragraph comes just before that, it purports to transfer legal title to the trustee.
[40:14.920 --> 40:22.120]  The next paragraph says together with all improvements, when mercy is not in the contract
[40:22.120 --> 40:29.880]  that paragraph includes any improvement to the property with the deed of trust, so if
[40:29.880 --> 40:35.440]  you add anything to it, then it belongs with the property, you can't take it away.
[40:35.440 --> 40:40.720]  But when you put mercy in it, they add a section in there that said you understand that mercy
[40:40.720 --> 40:44.000]  only holds legal title.
[40:44.000 --> 40:49.560]  So the deed of trust, by the language of the deed of trust, intended to transfer legal
[40:49.560 --> 40:59.400]  title to mercy, and they can do that.
[40:59.400 --> 41:08.840]  The borrower can do that, because the borrower holds legal title, problem 21.023, I believe
[41:08.840 --> 41:18.840]  it is, I have to look at it, 02223 of the business commerce code, forbids a lender
[41:18.840 --> 41:28.480]  in Texas from requiring the borrower to transfer property to the lender.
[41:28.480 --> 41:33.560]  It is specifically forbidden in statute.
[41:33.560 --> 41:42.000]  So that inclusion in the deed of trust, while that would be valid because the borrower holds
[41:42.000 --> 41:49.000]  legal title and can transfer legal title, wouldn't have to be affirmed by the lender,
[41:49.000 --> 41:52.480]  is specifically forbidden by statute.
[41:52.480 --> 41:59.440]  So the document is void on his face, and it's clear that it's void on his face by the verbiage
[41:59.440 --> 42:01.040]  of the contract.
[42:01.040 --> 42:06.880]  The person who purchased the property had full knowledge of what was in there under
[42:06.880 --> 42:14.240]  law, and knew full well that document was fraudulent, and any subsequent appointment
[42:14.240 --> 42:20.280]  by MERS was void of no force and effect, and he bought the property anyway.
[42:20.280 --> 42:25.920]  He acted in concert and collusion with the original lender for the purpose of illegal
[42:25.920 --> 42:30.480]  conversion of property belonging to the borrower.
[42:30.480 --> 42:39.280]  That's the claim we make, and let the grand jury sort it out.
[42:39.280 --> 42:51.200]  These are valid legal concepts, vicarious liability, and impugned, what's the term,
[42:51.200 --> 42:57.800]  missed the term again, imputed knowledge, we are expected to know, imputed, okay, lost
[42:57.800 --> 42:58.800]  a T.
[42:58.800 --> 43:06.280]  Okay, imputed knowledge, they can't get around these, otherwise if these aren't valid, then
[43:06.280 --> 43:11.760]  the county registrar is of no value at all.
[43:11.760 --> 43:16.840]  And if the county registrar is of no value, no one in their right mind would purchase
[43:16.840 --> 43:22.280]  property in Texas, because she never know when somebody may just come and take it away
[43:22.280 --> 43:27.400]  from you based on a claim that was never properly filed.
[43:27.400 --> 43:33.200]  This is Randy Kelton, Denver Stevens, Rood of Law Radio here with Winston Wallace, we're
[43:33.200 --> 43:41.080]  talking to Johnny in Texas, Roger Crystal Dan, I see you there, is that Dan from Connecticut?
[43:41.080 --> 43:46.040]  It's about time, we will get to you when we get back on the other side, our call in number
[43:46.040 --> 43:53.160]  512-646-1984, give us a call, get in line, we're heading toward our last hour and it
[43:53.160 --> 43:56.120]  tends to pick up, so we'll try to get to everyone.
[43:56.120 --> 43:58.120]  We'll be right back.
[44:56.120 --> 44:57.120]  We'll be back.
[44:57.120 --> 45:26.120]  We'll be right back.
[45:26.120 --> 45:52.520]  We'll be right back.
[45:52.520 --> 46:18.520]  We'll be right back.
[46:18.520 --> 46:47.520]  We'll be right back.
[46:47.520 --> 47:16.520]  We'll be right back.
[47:16.520 --> 47:23.520]  Okay, we are back, Randy Kelton, Debra Stevens is here, she's kind of in the background,
[47:23.520 --> 47:29.520]  Rood of Law Radio, we're here with our special guest Winston Wallace and we're talking to
[47:29.520 --> 47:32.520]  Johnny in Texas.
[47:32.520 --> 47:35.520]  Okay, John, where were we?
[47:35.520 --> 47:50.520]  Well, you were just explaining the imputed knowledge, Vic, the vicarious liability, the
[47:50.520 --> 48:01.520]  fact that sex business and commerce code forbids requirement of a borrower to transfer property
[48:01.520 --> 48:09.520]  to a post foreclosure purchaser that is in Delaware.
[48:09.520 --> 48:15.520]  It all depends on where the property lies.
[48:15.520 --> 48:25.520]  If the property lies in Tarrant County, Texas, jurisdiction and venue lies in Tarrant County,
[48:25.520 --> 48:29.520]  Texas, it makes no difference where the other guy is.
[48:29.520 --> 48:38.520]  If he came to Texas and purchased property in Texas, then he's subject to Texas jurisdiction.
[48:38.520 --> 48:45.520]  Well, okay, I get that, but in the context of criminal complaints, they're not going
[48:45.520 --> 48:51.520]  to be able to go haul these guys from Florida and Delaware into Texas courts unless they're,
[48:51.520 --> 48:52.520]  well, I mean...
[48:52.520 --> 48:54.520]  Of course they can.
[48:54.520 --> 49:00.520]  They're not likely to, but they can, and long arm reaches that far.
[49:00.520 --> 49:02.520]  Okay.
[49:02.520 --> 49:09.520]  Yeah, if they committed crimes in this state, we can go to another state and pull them back
[49:09.520 --> 49:12.520]  to this state.
[49:12.520 --> 49:13.520]  Okay.
[49:13.520 --> 49:14.520]  That's not going to protect them.
[49:14.520 --> 49:19.520]  Now, we probably won't, but you never know.
[49:19.520 --> 49:25.520]  If we get a grand jury to indict them, they'll go get them.
[49:25.520 --> 49:30.520]  If it's on felony, they'll go get them.
[49:30.520 --> 49:37.520]  And most likely, if it's class A misdemeanor, they'll go get them, but probably not a B.
[49:37.520 --> 49:41.520]  Costs more to get them here than they can squeeze out of them.
[49:41.520 --> 49:42.520]  Gotcha.
[49:42.520 --> 49:49.520]  So in terms of the criminal complaints, I need to be looking at class A misdemeanors and felonies.
[49:49.520 --> 49:50.520]  Yes.
[49:50.520 --> 49:51.520]  Okay.
[49:51.520 --> 49:56.520]  And most everything we'll look at are class A misdemeanors and felonies, and there's just
[49:56.520 --> 49:58.520]  lots of them.
[49:58.520 --> 49:59.520]  Yeah, I know the problem.
[49:59.520 --> 50:03.520]  That's the whole thing you started looking at, and that's something you referenced earlier
[50:03.520 --> 50:05.520]  today when we talked.
[50:05.520 --> 50:07.520]  You got all these complaints.
[50:07.520 --> 50:11.520]  You're going to get more than you can get to.
[50:11.520 --> 50:20.520]  You'd be like Eddie Craig, who only filed 417, because he ran out of paper.
[50:20.520 --> 50:22.520]  I keep finding things.
[50:22.520 --> 50:27.520]  My initial plan was Monday or Tuesday, I'm going to go down and file a handful of criminal
[50:27.520 --> 50:33.520]  complaints, and now I'm up to 30-some-odd complaints that can have to go into the middle
[50:33.520 --> 50:40.520]  next week, and the only one that I was having trouble reconciling is the complaints related
[50:40.520 --> 50:42.520]  to the post-proclosure purchaser.
[50:42.520 --> 50:45.520]  But what you've said makes sense.
[50:45.520 --> 50:49.520]  That actually helps a lot.
[50:49.520 --> 50:50.520]  Good.
[50:50.520 --> 50:51.520]  Okay.
[50:51.520 --> 50:53.520]  Don't leave any out.
[50:53.520 --> 50:55.520]  All you got was 30-some-odd.
[50:55.520 --> 50:57.520]  You must not be looking.
[50:57.520 --> 50:58.520]  No, no.
[50:58.520 --> 50:59.520]  I'm not done yet.
[50:59.520 --> 51:05.520]  I was initially planning on filing 35 retention, and every time I get one done in the course
[51:05.520 --> 51:09.520]  of researching statutes, I come up with four or five more that I have to put on the list,
[51:09.520 --> 51:10.520]  and it just keeps growing.
[51:10.520 --> 51:12.520]  So, as of right now...
[51:12.520 --> 51:13.520]  Okay.
[51:13.520 --> 51:17.520]  You did come up with something very interesting today in the government code.
[51:17.520 --> 51:24.520]  Yeah, I'm going to try that petition regarding that justice of the peace judge.
[51:24.520 --> 51:27.520]  Will you tell us what it said?
[51:27.520 --> 51:30.520]  Was it 82 or was it 87?
[51:30.520 --> 51:32.520]  I believe it was 87.
[51:32.520 --> 51:36.520]  Let me pull it back up here.
[51:36.520 --> 51:39.520]  It was 87.013.
[51:39.520 --> 51:47.520]  It said that a cause for removal and one of them was official misconduct.
[51:47.520 --> 51:55.520]  And almost all of our charges against these public officials will go to official misconduct.
[51:55.520 --> 51:56.520]  Yes.
[51:56.520 --> 51:59.520]  And I actually have the notes here.
[51:59.520 --> 52:08.520]  Okay, so it's actually the local government code, chapter 87.
[52:08.520 --> 52:20.520]  87.011 subsection 2 and 87.011 subsection 3 go to official misconduct and incompetence.
[52:20.520 --> 52:32.520]  And the way they're defined in chapter 87 is that basically if a judge fails to perform any duty that he's required to perform,
[52:32.520 --> 52:39.520]  that goes to both official misconduct and incompetence, and he can be removed from office.
[52:39.520 --> 52:49.520]  There's a procedure that's laid out in chapter 87 of the local government code for filing a petition in district court to get them removed from office.
[52:49.520 --> 52:53.520]  This procedure, after I talked with you about this, I read into it a little bit more.
[52:53.520 --> 52:59.520]  This procedure also applies, it actually applies to any, just about any public official,
[52:59.520 --> 53:04.520]  but specifically mentioned is county and district attorneys.
[53:04.520 --> 53:11.520]  So I was kind of kicking around the idea of when I go to file these criminal charges, I'm expecting the district attorneys,
[53:11.520 --> 53:14.520]  I've got three different counties to go to, and I'm expecting them all to refuse.
[53:14.520 --> 53:19.520]  In fact, I talked with one by phone today and they told me straight up, we're not taking any complaints from the public,
[53:19.520 --> 53:21.520]  you have to go through the police department.
[53:21.520 --> 53:30.520]  So I'm expecting them to refuse, and the process that you've talked about before is to say,
[53:30.520 --> 53:38.520]  okay, well, when the district attorney refuses, take a complaint against him to magistrate and expect the magistrate to refuse
[53:38.520 --> 53:47.520]  and go on through the rest of the process, but being that there is a procedure laid out in chapter 87 of the local government code
[53:47.520 --> 53:55.520]  that provides for basically anyone to, I think the only requirement is you have to have lived in the county
[53:55.520 --> 53:59.520]  where you're going to file a petition for six months or something like that.
[53:59.520 --> 54:03.520]  And there's a procedure, that procedure for removal also applies to a district attorney,
[54:03.520 --> 54:10.520]  so I was kind of kicking around the idea of when the district attorneys to whom I'm going to take the complaints
[54:10.520 --> 54:13.520]  this coming week refuse to take the complaints.
[54:13.520 --> 54:24.520]  In addition to filing complaints against them, with the magistrates, I had also contemplated the idea of also bringing these petitions
[54:24.520 --> 54:25.520]  and try to get them removed.
[54:25.520 --> 54:32.520]  Now, I doubt that that'll actually happen, but it'll create a big stink that they're probably not going to lie very much.
[54:32.520 --> 54:40.520]  Yeah, that's the best part. This makes the criminal complaints smell much worse.
[54:40.520 --> 54:50.520]  Yeah, and you know, you can actually, you know, I don't know if I could reference in the civil petition in district court
[54:50.520 --> 54:55.520]  the fact that, you know, criminal charges have been filed against this very thing.
[54:55.520 --> 54:59.520]  No, no, never, ever, never do that.
[54:59.520 --> 55:06.520]  Okay. That makes the criminal part you're doing much worse for them.
[55:06.520 --> 55:10.520]  If you bring it up in court, they can argue it.
[55:10.520 --> 55:18.520]  And you'll get sanctioned by the judge for attempting to use criminal to gain favor in civil.
[55:18.520 --> 55:22.520]  And they're intended to be totally separate.
[55:22.520 --> 55:29.520]  So don't bring it up. If you don't bring it up, they can't bring it up.
[55:29.520 --> 55:33.520]  They can't negotiate with you. They can't deal with you.
[55:33.520 --> 55:40.520]  You're over there hammering them, trying to get them put in jail, and they can't say a word to you about it.
[55:40.520 --> 55:41.520]  Yeah.
[55:41.520 --> 55:48.520]  Well, and that's, you know, that goes under the concept of if one side opens the door, the other side gets to walk through it.
[55:48.520 --> 55:54.520]  I get that part. But there's nothing wrong with filing criminally and similarly at the same time,
[55:54.520 --> 55:58.520]  just as long as I don't mention it on one side, on the other, correct?
[55:58.520 --> 56:04.520]  Yeah. Yeah. If you have knowledge of the crime, you have a duty to file.
[56:04.520 --> 56:09.520]  You just can't come into a civil court and try to use that to gain advantage.
[56:09.520 --> 56:12.520]  So, yeah, do them both same time.
[56:12.520 --> 56:17.520]  That makes more political pressure. You're there in the civil court with them.
[56:17.520 --> 56:20.520]  Talking to them just like they were old buddies.
[56:20.520 --> 56:26.520]  As soon as you leave the court, you're doing everything you can to get them put in prison and make them crazy.
[56:26.520 --> 56:32.520]  Well, when I came across this, I just saw it as, you know, you have what you call the routine,
[56:32.520 --> 56:37.520]  which centers around filing criminal complaints against basically everybody who screws up,
[56:37.520 --> 56:40.520]  and it seems like they can't stop screwing up.
[56:40.520 --> 56:46.520]  I saw this as another kind of a double whammy because now not only can you attack them on the criminal side,
[56:46.520 --> 56:51.520]  but there's this procedure for, you know, on the civil side for trying to get them removed,
[56:51.520 --> 56:55.520]  and it seems to be a pretty simple procedure, you know?
[56:55.520 --> 56:57.520]  So, I may give it a shot.
[56:57.520 --> 57:01.520]  Good. And it all goes to politics.
[57:01.520 --> 57:05.520]  They're not going to be afraid of you.
[57:05.520 --> 57:13.520]  What they're afraid of is that you will give their political enemies cannon fodder
[57:13.520 --> 57:16.520]  that they can use to get them out of office.
[57:16.520 --> 57:21.520]  That's how I got all the highest judges in Texas put before grand jury.
[57:21.520 --> 57:27.520]  I had a prosecuting attorney, 25-year Democrat, not running for office again,
[57:27.520 --> 57:29.520]  and all of these judges were Republicans.
[57:29.520 --> 57:31.520]  He tried to take them out with him.
[57:31.520 --> 57:36.520]  Had nothing to do with law, everything to do with politics.
[57:36.520 --> 57:46.520]  So, when you start producing political cannon fodder, these guys get nervous.
[57:46.520 --> 57:49.520]  Okay, we do need to move along.
[57:49.520 --> 57:51.520]  Thanks, Randy.
[57:51.520 --> 57:53.520]  Excuse me, excuse me.
[57:53.520 --> 57:56.520]  Okay, thank you, Johnny.
[57:56.520 --> 57:59.520]  We're going to break when we come back.
[57:59.520 --> 58:04.520]  Roger, we'll pick you, we'll get you next, and Crystal,
[58:04.520 --> 58:06.520]  and that looks like Dan coming back.
[58:06.520 --> 58:08.520]  We'll pick you up when we get on the other side.
[58:08.520 --> 58:10.520]  This is the top of the hour break.
[58:10.520 --> 58:14.520]  And while we're taking this little extra break, don't forget our fundraiser.
[58:14.520 --> 58:20.520]  We still have the hour 15 up and the period gift cards and the DVDs
[58:20.520 --> 58:25.520]  and the colloidal silver, which may be the best of the whole bunch.
[58:25.520 --> 58:31.520]  So, remember us, send us some donations so we can upgrade the equipment
[58:31.520 --> 58:34.520]  and make sure we stay on the air.
[58:34.520 --> 58:38.520]  This is Randy Kelton, Deborah Stevens, Wheel of Law Radio.
[58:38.520 --> 58:42.520]  Call it number 512-646-1984.
[58:42.520 --> 58:44.520]  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 --> 58:57.520]  Bibles for America is offering a free study Bible
[58:57.520 --> 59:00.520]  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 --> 59:09.520]  It's an accurate translation and it contains thousands of footnotes
[59:09.520 --> 59:12.520]  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 --> 59:49.520]  Or visit us online at bfa.org.
[59:52.520 --> 59:55.520]  You're listening to the Logos Radio Network.
[59:55.520 --> 59:59.520]  LogosRadioNetwork.com
[01:00:26.520 --> 01:00:32.520]  Today's edition of The Liberty Bead is sponsored by Voice and Exit.
[01:00:32.520 --> 01:00:38.520]  Conference in Austin taking place March 9th exploring social entrepreneurship and radical community.
[01:00:38.520 --> 01:00:41.520]  Tickets and information online at voiceandexit.com.
[01:00:41.520 --> 01:00:43.520]  And now the news.
[01:00:43.520 --> 01:00:48.520]  A U.S. senator has said an estimated 4,700 people, including some civilians,
[01:00:48.520 --> 01:00:52.520]  have been killed in the contentious bombing raids of America's secretive drone war.
[01:00:52.520 --> 01:00:59.520]  It was the first time a politician or any government representative had referred to a total number of fatalities in the drone strikes,
[01:00:59.520 --> 01:01:04.520]  which had been condemned by rights groups as extrajudicial assassinations.
[01:01:04.520 --> 01:01:10.520]  The toll from hundreds of drone-launched missile strikes against suspected al-Qaeda militants in Pakistan, Yemen, and elsewhere
[01:01:10.520 --> 01:01:16.520]  has remained a mystery as U.S. officials refuse to publicly discuss any details of the covert campaign.
[01:01:16.520 --> 01:01:23.520]  In 2008, President Barack Obama made statements regarding a, quote, civilian national security force.
[01:01:23.520 --> 01:01:28.520]  Since that day, many have been curious as to what President Obama had in mind when he made that statement.
[01:01:28.520 --> 01:01:36.520]  Representative Charles Rangel may have just given a bit of insight into what he meant when he introduced HR748 last week.
[01:01:36.520 --> 01:01:42.520]  HR748 would require all persons in the United States between the ages of 18 and 25 to perform national service.
[01:01:42.520 --> 01:01:49.520]  These persons in the United States will either serve the country as a member of uniform services or as a civilian service.
[01:01:49.520 --> 01:01:53.520]  A civilian service could be served with a federal, state, or local government program.
[01:01:53.520 --> 01:01:57.520]  Local government programs include community-based organizations.
[01:01:57.520 --> 01:02:01.520]  An Illinois state representative has introduced the Internet Posting Removal Act,
[01:02:01.520 --> 01:02:07.520]  which was introduced February 13th by Illinois General Assembly veteran Ira Silverstein, a Democrat.
[01:02:07.520 --> 01:02:13.520]  Here's a summary of the bill. The Act provides that a website administrator shall upon request remove any posted comments
[01:02:13.520 --> 01:02:18.520]  posted by an anonymous poster unless the anonymous poster agrees to attach his or her name to the post
[01:02:18.520 --> 01:02:23.520]  and confirm that his or her IP address, legal name, and home address are accurate.
[01:02:23.520 --> 01:02:26.520]  Privacy advocates are protesting the measure.
[01:02:26.520 --> 01:02:30.520]  Members of the Task Force proposing regulations for recreational marijuana in Colorado
[01:02:30.520 --> 01:02:34.520]  approved recommendations Tuesday that would allow for marijuana tourism
[01:02:34.520 --> 01:02:39.520]  but block out of state pot shop owners.
[01:02:39.520 --> 01:02:43.520]  Today's edition of the Liberty Beat is sponsored by Central Texas Gun Works,
[01:02:43.520 --> 01:02:46.520]  CHL courses, and firearm sales.
[01:02:46.520 --> 01:02:50.520]  Online at centraltexasgunworks.com and by Brave New Books.
[01:02:50.520 --> 01:02:53.520]  Free thinking materials for free people since 2006.
[01:02:53.520 --> 01:03:05.520]  Online at bravenewbooksstore.com.
[01:03:24.520 --> 01:03:29.520]  Okay, we are back.
[01:03:29.520 --> 01:03:37.520]  Randy Kelton, Deborah Stevens, Rural Law Radio, and we're going to Roger in Texas.
[01:03:37.520 --> 01:03:42.520]  No, Roger in Oklahoma. Hello, Roger.
[01:03:42.520 --> 01:03:45.520]  Hello, this is Randy.
[01:03:45.520 --> 01:03:49.520]  Yes, it is. You know, you're up there in Oklahoma. We're down here in Texas.
[01:03:49.520 --> 01:03:57.520]  I had a friend move down from Oklahoma and he lowered the average IQ of both states.
[01:03:57.520 --> 01:04:01.520]  It is.
[01:04:01.520 --> 01:04:07.520]  That's what you get for beating us at football.
[01:04:07.520 --> 01:04:14.520]  One question is Winston Wallace, and I did not get his web address.
[01:04:14.520 --> 01:04:19.520]  I don't have that. Winston?
[01:04:19.520 --> 01:04:23.520]  Yes, sir. It's Advantage Mitigation Group.
[01:04:23.520 --> 01:04:36.520]  Website is www.advantagemitigation.net.
[01:04:36.520 --> 01:04:43.520]  Okay, and also, Randy, you are listening in the past and you guys have had some websites
[01:04:43.520 --> 01:04:52.520]  that I'd like to try to get from you that you said you could go in on the key and the key stuff on your mortgage
[01:04:52.520 --> 01:04:55.520]  and it kind of could tell you have some things on it.
[01:04:55.520 --> 01:05:01.520]  Yes, that's remediesinrealestate.com.
[01:05:01.520 --> 01:05:09.520]  And there's a Calculate Fraud page, but there's another page that I'm in the process of building.
[01:05:09.520 --> 01:05:16.520]  And it's up and working and we're building. We're still working on it, but we'll probably still be working on it for the next 20 years.
[01:05:16.520 --> 01:05:19.520]  And when you look at it, you'll see why.
[01:05:19.520 --> 01:05:32.520]  But if you click on the free forensic analysis button, when you bring up remediesinrealestate, it will be the second menu item across the top.
[01:05:32.520 --> 01:05:37.520]  That will take you to a page that will start you.
[01:05:37.520 --> 01:05:41.520]  It'll show you a map of everything that's involved.
[01:05:41.520 --> 01:05:47.520]  That's about five years of research there, just on the mortgage issue.
[01:05:47.520 --> 01:05:49.520]  And there's a massive amount of information.
[01:05:49.520 --> 01:05:56.520]  But if you click on the middle, the nodes, it'll come up like a mind map.
[01:05:56.520 --> 01:05:58.520]  The middle one, they got little red arrows in them.
[01:05:58.520 --> 01:06:03.520]  You click on the red arrow and it'll take you to the front page that'll look like a regular website.
[01:06:03.520 --> 01:06:10.520]  And it'll walk you through things that you need to do if you have a mortgage issue.
[01:06:10.520 --> 01:06:12.520]  And the first thing is to get a bunch of letters out.
[01:06:12.520 --> 01:06:21.520]  To get a debt validation letter out, you get a letter to all of the notaries, a letter to all of the signatories on any documents,
[01:06:21.520 --> 01:06:28.520]  a UCC 3-501 letter to demand production of the original note.
[01:06:28.520 --> 01:06:38.520]  And one I still have to produce is if you're approaching foreclosure, a letter to the trustee,
[01:06:38.520 --> 01:06:43.520]  warning the trustee that he doesn't have authority to foreclose.
[01:06:43.520 --> 01:06:45.520]  These are kind of the standard stuff.
[01:06:45.520 --> 01:06:51.520]  And in the process of going through that, you'll find another reference to that Calculate Fraud page.
[01:06:51.520 --> 01:07:01.520]  The Calculate Fraud on the front will allow you to put in, you will need your note, truth in lending statement,
[01:07:01.520 --> 01:07:03.520]  and HUD 1 settlement statement.
[01:07:03.520 --> 01:07:11.520]  HUD 1 settlement statement is that two-page legal size with all of the fees they charge you at closing.
[01:07:11.520 --> 01:07:21.520]  But the Calculate Fraud will be found on the front of the Remedies and Real Estate page.
[01:07:21.520 --> 01:07:27.520]  But you might also want to go to the other one, to the free forensic analysis.
[01:07:27.520 --> 01:07:29.520]  Tremendous amount of information there.
[01:07:29.520 --> 01:07:32.520]  And the first part is the best part.
[01:07:32.520 --> 01:07:41.520]  The first things you should do, I like to call this my Bushwax section.
[01:07:41.520 --> 01:07:48.520]  Because you lay the groundwork, it's kind of like we're making pawn moves.
[01:07:48.520 --> 01:07:52.520]  We know what we're going to do behind this, and we're scooting little pawns out there in front of them.
[01:07:52.520 --> 01:07:57.520]  They see these pawns come out there, and nobody pays much attention to them.
[01:07:57.520 --> 01:08:04.520]  When the notary gets a letter requesting her sequential ledger,
[01:08:04.520 --> 01:08:08.520]  she doesn't run to the bank and say, hey, I got this letter from this guy.
[01:08:08.520 --> 01:08:13.520]  She don't know who it's from, because in the explanations,
[01:08:13.520 --> 01:08:19.520]  I have you put somebody else's name on it, not yours, so they won't know which one's forged.
[01:08:19.520 --> 01:08:21.520]  They don't send up red flags.
[01:08:21.520 --> 01:08:30.520]  When you ask for a power of attorney for a signatory, that doesn't send up a red flag.
[01:08:30.520 --> 01:08:35.520]  But when we don't get a response and we file a petition for declaratory judgment,
[01:08:35.520 --> 01:08:39.520]  that's going to send up red flags everywhere, but it's done too late.
[01:08:39.520 --> 01:08:43.520]  So you might want to look at those. I think you'll have fun with them.
[01:08:43.520 --> 01:08:49.520]  Okay. Do you start that before they start to foreclose your process?
[01:08:49.520 --> 01:08:54.520]  You start that as quickly as you can.
[01:08:54.520 --> 01:09:03.520]  I have sections in there. There's a section for right on the front of this map is your current condition.
[01:09:03.520 --> 01:09:09.520]  And one of them is if you're up to date, the other one is if you're behind.
[01:09:09.520 --> 01:09:14.520]  If you're behind and they haven't started foreclosure, you click that one.
[01:09:14.520 --> 01:09:19.520]  They have started to click that one. But if they've already foreclosed,
[01:09:19.520 --> 01:09:26.520]  that's the third one that I don't have written up yet, and I should have that by Monday.
[01:09:26.520 --> 01:09:32.520]  But they'll tell you exactly what to do. These letters should be sent out no matter what.
[01:09:32.520 --> 01:09:37.520]  Remedies, every person who has a note, if they're completely up to date,
[01:09:37.520 --> 01:09:41.520]  they should send out every one of these letters.
[01:09:41.520 --> 01:09:45.520]  It creates when they fail to respond.
[01:09:45.520 --> 01:09:51.520]  For a while, there was a big push of sending demands to somebody and say,
[01:09:51.520 --> 01:09:56.520]  if you don't respond to me within X amount of time, you owe me $2 billion.
[01:09:56.520 --> 01:10:02.520]  Well, the person didn't have a legal duty to respond. It was meaningless.
[01:10:02.520 --> 01:10:08.520]  These letters are all sent to people who have a legal duty to respond.
[01:10:08.520 --> 01:10:13.520]  And if they fail to respond under the twill decision,
[01:10:13.520 --> 01:10:18.520]  someone who has a duty to respond and fails to respond,
[01:10:18.520 --> 01:10:23.520]  or if someone doesn't have a duty to respond, but their failure to respond
[01:10:23.520 --> 01:10:29.520]  will create a false impression, then that's equated as fraud.
[01:10:29.520 --> 01:10:34.520]  And here, we only send to people who have an absolute statutory duty to respond.
[01:10:34.520 --> 01:10:41.520]  And when they don't, we can take that as an adverse inference and give us a claim against the lender.
[01:10:41.520 --> 01:10:48.520]  So when we give to the lender, we walk in the door with half a dozen claims against them
[01:10:48.520 --> 01:10:53.520]  that right out of the blue, and some of these go to criminal,
[01:10:53.520 --> 01:11:02.520]  that we start filing against the notary and gives us a lot of politics and a lot of influence to start with,
[01:11:02.520 --> 01:11:05.520]  and then we go to the issues.
[01:11:05.520 --> 01:11:11.520]  And it'll, I don't have the sections written on bifurcation of the note
[01:11:11.520 --> 01:11:15.520]  and most of the issues that these guys out here are going after
[01:11:15.520 --> 01:11:19.520]  because they never got past the contract.
[01:11:19.520 --> 01:11:24.520]  You start out with that deed of trust. It is a contract.
[01:11:24.520 --> 01:11:31.520]  And with the deed of trust, you granted to the lender privileges with conditions.
[01:11:31.520 --> 01:11:34.520]  The first thing he did is breach the conditions.
[01:11:34.520 --> 01:11:39.520]  So the lender immediately defaulted, and if you read through that contract,
[01:11:39.520 --> 01:11:43.520]  you'll find a number of places where he defaulted.
[01:11:43.520 --> 01:11:46.520]  And we take them on from the contract.
[01:11:46.520 --> 01:11:50.520]  I know you didn't ask those questions, but I answered them anyway.
[01:11:50.520 --> 01:11:54.520]  Okay, do you have any? I didn't get to.
[01:11:54.520 --> 01:11:57.520]  No, that all sounds good there.
[01:11:57.520 --> 01:12:02.520]  Remediesinrealestate.com and free forensics analysis.
[01:12:02.520 --> 01:12:06.520]  Yes, that will get you started.
[01:12:06.520 --> 01:12:11.520]  Once you've been through that, then you come back and have lots of questions.
[01:12:11.520 --> 01:12:12.520]  Okay.
[01:12:12.520 --> 01:12:15.520]  There's a lot more sophisticated questions.
[01:12:15.520 --> 01:12:18.520]  Right.
[01:12:18.520 --> 01:12:21.520]  That's all I've got this evening.
[01:12:21.520 --> 01:12:28.520]  All ready. Thank you, Roger. Okay, now we're going to go to Ms. Crystal in Nevada.
[01:12:28.520 --> 01:12:32.520]  Hello, Ms. Crystal. How is your issue going?
[01:12:32.520 --> 01:12:36.520]  Well, I went to the courthouse this morning, spent some time there.
[01:12:36.520 --> 01:12:39.520]  Precious little came up against the house.
[01:12:39.520 --> 01:12:44.520]  You know, I gave her the partial number, and there's very little there.
[01:12:44.520 --> 01:12:50.520]  I had to go through the name to get the document number for the deed of trust.
[01:12:50.520 --> 01:12:53.520]  Okay, hold on, hold on.
[01:12:53.520 --> 01:13:03.520]  On that free forensics analysis page, I have a section there that tells you how to go down to the clerk and search for documents.
[01:13:03.520 --> 01:13:08.520]  And it also tells you which ones you don't want to find.
[01:13:08.520 --> 01:13:10.520]  Okay.
[01:13:10.520 --> 01:13:14.520]  Okay, this is real important.
[01:13:14.520 --> 01:13:19.520]  You have a right to trust the public record.
[01:13:19.520 --> 01:13:29.520]  So if you go down to the clerk's office and you look in the public record and you don't see what you should see,
[01:13:29.520 --> 01:13:40.520]  what you would expect to find, then go to the clerk and ask the clerk to do a search for everything that was filed on this property.
[01:13:40.520 --> 01:13:48.520]  And you give them the property description from one of the searches that you've done.
[01:13:48.520 --> 01:13:51.520]  If you found any document, you'll have a property description.
[01:13:51.520 --> 01:13:54.520]  Or if you don't have that, give them an address.
[01:13:54.520 --> 01:13:57.520]  And ask the clerk to do a search.
[01:13:57.520 --> 01:14:01.520]  And when she does, ask her if you can get a copy of it.
[01:14:01.520 --> 01:14:06.520]  And she'll say, yes, and it'll cost you X amount.
[01:14:06.520 --> 01:14:10.520]  And you say, okay, give me a copy when she brings it to you.
[01:14:10.520 --> 01:14:12.520]  She'll give you receipt.
[01:14:12.520 --> 01:14:19.520]  You ask her, will you put on this document the amount just initially that I paid it?
[01:14:19.520 --> 01:14:22.520]  So I don't have to try to keep up with that receipt.
[01:14:22.520 --> 01:14:24.520]  I always lose those things.
[01:14:24.520 --> 01:14:27.520]  Okay, that's only a little fib.
[01:14:27.520 --> 01:14:33.520]  But you want her to put a writing on that document.
[01:14:33.520 --> 01:14:38.520]  They won't give you a certified copy of that search.
[01:14:38.520 --> 01:14:50.520]  But if she put her name on it, that would be something you can bring back in court and say, is that your handwriting?
[01:14:50.520 --> 01:14:53.520]  And that establishes foundation for this.
[01:14:53.520 --> 01:14:59.520]  So you can show this to the court and say, your honor, I came to the court and I searched the public record.
[01:14:59.520 --> 01:15:01.520]  And I couldn't find these documents.
[01:15:01.520 --> 01:15:06.520]  So I went to the clerk and asked the clerk to search the public record.
[01:15:06.520 --> 01:15:09.520]  And this is what she found.
[01:15:09.520 --> 01:15:14.520]  And that other document these guys were claiming was filed.
[01:15:14.520 --> 01:15:26.520]  It may have been filed, but it was not properly filed because it wasn't in the public because I couldn't find it.
[01:15:26.520 --> 01:15:32.520]  And I have a right to trust what is in the public.
[01:15:32.520 --> 01:15:34.520]  And the clerk couldn't find it.
[01:15:34.520 --> 01:15:38.520]  If the clerk can't find it, it's not properly filed.
[01:15:38.520 --> 01:15:41.520]  Does that make sense?
[01:15:41.520 --> 01:15:42.520]  Yes.
[01:15:42.520 --> 01:15:44.520]  Yeah, I tried to get her to write.
[01:15:44.520 --> 01:15:53.520]  She just put $18 because she added up the pages that she was able to find, which none of which were to be to trust.
[01:15:53.520 --> 01:15:57.520]  What?
[01:15:57.520 --> 01:16:01.520]  Get a warranty deed in there fast.
[01:16:01.520 --> 01:16:09.520]  Well, I have a third that I put in there a few years ago that covers the house.
[01:16:09.520 --> 01:16:13.520]  Okay, so you have a transfer to another name?
[01:16:13.520 --> 01:16:16.520]  I have a third.
[01:16:16.520 --> 01:16:18.520]  No, well, actually it's in my name.
[01:16:18.520 --> 01:16:20.520]  The trust deed is in my husband's name.
[01:16:20.520 --> 01:16:22.520]  I'm not on the loan.
[01:16:22.520 --> 01:16:23.520]  That's not good enough.
[01:16:23.520 --> 01:16:25.520]  That's not, that's not enough separation.
[01:16:25.520 --> 01:16:26.520]  Okay, we're about to go to break.
[01:16:26.520 --> 01:16:28.520]  I'll explain this when we come back on the other side.
[01:16:28.520 --> 01:16:32.520]  Randy, Calvin, David, Steve, and Jenny Craig will go radio.
[01:16:32.520 --> 01:16:36.520]  I call it number 512-646-1984.
[01:16:36.520 --> 01:16:46.520]  And if you get that out of your name into some third parties and they don't have a deed of trust, these guys got a big problem.
[01:16:46.520 --> 01:16:50.520]  Okay, I call it number 512-646-1984.
[01:16:50.520 --> 01:16:52.520]  I'll be right back.
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[01:18:58.520 --> 01:19:01.520]  What's up?
[01:19:01.520 --> 01:19:11.520]  This is the Logos Radio, Net Radio, Net Radio, Net Radio, Net Radio.
[01:19:11.520 --> 01:19:14.520]  Oh come on
[01:19:14.520 --> 01:19:43.520]  If I can't get everything I want Yeah, I'm gonna get a ranger
[01:19:43.520 --> 01:19:53.520]  If I can't get everything I need Yeah, I'm gonna get a ranger
[01:19:53.520 --> 01:20:04.520]  If I can't get everything I need Yeah, I'm gonna get a ranger
[01:20:04.520 --> 01:20:20.520]  Okay, this is Randy Calton, Debra Stephens, Eddie Craig, Ruv La Radio, and we're talking to Crystal in Nevada, and No Deed of Trust?
[01:20:20.520 --> 01:20:45.520]  Not when I asked her for all the records for this property, and I gave her the parcel number and the address, and she looked and looked and she pulled up the 2nd trustee and the 3rd trustee, and the original grantee, the original deed from the seller in 99. Remember this is all Washington Mutual.
[01:20:45.520 --> 01:21:04.520]  Oh wonderful, they don't even have it. Well, Washington Mutual, they generally have their deed of trust in there, but what they didn't do when they went out of business is do an assignment to JPMorgan Chase, but if you don't even have one for Washington Mutual?
[01:21:04.520 --> 01:21:25.520]  No, if I go to my first name, I can find the paper there, but it's not attached to the house. Okay, doesn't matter if it's not publicly filed, go find someone, a 3rd party who's not apparently connected to you within the 3rd degree of co-sanguinity.
[01:21:25.520 --> 01:21:46.520]  Write a private contract with them, wherein you can purchase this property from them for $1 at any time of your choosing with no notice, and then write them warranty deed, and have them file the warranty deed in the record.
[01:21:46.520 --> 01:22:04.520]  The problem they have is, as this goes to the race to the courthouse, as concerns, claims against property first in time is first in line.
[01:22:04.520 --> 01:22:18.520]  Now, in Texas, the District Attorney sued MERS claiming, because they didn't make all these filings, and MERS said the suit was frivolous, that's weren't required to make any of these filings.
[01:22:18.520 --> 01:22:28.520]  And they went on to say, but if we don't, we may not have a perfected claim. And I said, yeah, Bubba, that's the way I read it, no claim.
[01:22:28.520 --> 01:22:44.520]  We have 13.001 property code here that says the claim not properly filed in the record is void, and as to the holder, you're going to have the same thing in Nevada, it's going to be everywhere.
[01:22:44.520 --> 01:22:52.520]  Otherwise, the county registrars have no purpose. So if you get the warranty deed in there, that's a hurdle they have to get over.
[01:22:52.520 --> 01:22:59.520]  If they try to file another one, you say, I don't own this property. This guy over here does. You have to talk to him.
[01:22:59.520 --> 01:23:19.520]  So third deed of trust doesn't work from J&L Enterprises made out to me. I mean, our warranty deed is good, but deed of trust, if they don't have their mortgage or deed of trust filed in the county record,
[01:23:19.520 --> 01:23:23.520]  then it's of no value.
[01:23:23.520 --> 01:23:28.520]  Okay. I mean, they filed it at the courthouse somewhere or somehow.
[01:23:28.520 --> 01:23:41.520]  You don't care. If you can't find it, it's not properly filed and you have a right to trust the record. The guy who comes in and follows the warranty deed gets to say, I have a right to trust what the clerk shows me.
[01:23:41.520 --> 01:23:54.520]  If the clerk can't find it, it's not properly filed and I have a right to trust what the clerk showed me these. I found no claim, so I entered into an agreement and I accrued the property.
[01:23:54.520 --> 01:24:00.520]  You didn't have your claim filed. It's void.
[01:24:00.520 --> 01:24:08.520]  All right. Now, what do I do with Chase? He still thinks I'm supposed to pay them every month.
[01:24:08.520 --> 01:24:11.520]  Sue them.
[01:24:11.520 --> 01:24:22.520]  No, I went on the remedies in real estate and the debt validation letter. I don't know. I don't get anything. I get an error page.
[01:24:22.520 --> 01:24:26.520]  Oops. Okay. Call David Lewis.
[01:24:26.520 --> 01:24:28.520]  David Lewis. Okay.
[01:24:28.520 --> 01:24:30.520]  Yeah. Let me give you the number. 512?
[01:24:30.520 --> 01:24:32.520]  Whoa.
[01:24:32.520 --> 01:24:38.520]  772-4700.
[01:24:38.520 --> 01:24:42.520]  And he will get you one. I'll go in and get that thing fixed.
[01:24:42.520 --> 01:24:45.520]  Okay.
[01:24:45.520 --> 01:24:50.520]  All right. Now, when you say warranty deed, that's the same as the deed of trust?
[01:24:50.520 --> 01:24:56.520]  No. You transferred the property to this other entity. He owns it now.
[01:24:56.520 --> 01:24:58.520]  Oh.
[01:24:58.520 --> 01:25:03.520]  That's why you get a contract so you can purchase it back for $1.
[01:25:03.520 --> 01:25:07.520]  Oh, I see. Okay. Okay.
[01:25:07.520 --> 01:25:08.520]  Huh.
[01:25:08.520 --> 01:25:13.520]  Okay. I need to move along. I got Dan and he's been waiting a long time.
[01:25:13.520 --> 01:25:17.520]  Call us back Thursday or call David. He'll explain all this to you.
[01:25:17.520 --> 01:25:19.520]  Okay. All right. I'll get going.
[01:25:19.520 --> 01:25:24.520]  You'll like this. You will like this.
[01:25:24.520 --> 01:25:30.520]  Okay. Thank you, Crystal. Now we're going to go to Dan in Connectica.
[01:25:30.520 --> 01:25:31.520]  Dan.
[01:25:31.520 --> 01:25:32.520]  Greetings.
[01:25:32.520 --> 01:25:34.520]  What are you up to?
[01:25:34.520 --> 01:25:41.520]  A whole lot of hell-raising. Several dozen foreclosures, three successful appellate decisions,
[01:25:41.520 --> 01:25:47.520]  and a whole lot of myths in between, including an arcane writ of Auditacorella.
[01:25:47.520 --> 01:25:51.520]  Yeah. Where do I start?
[01:25:51.520 --> 01:25:56.520]  Auditacorella. I've never heard of that one.
[01:25:56.520 --> 01:26:03.520]  Go look it up. It's only English law from the 15th century that's still a common law remedy for evictions.
[01:26:03.520 --> 01:26:10.520]  It was a whole lot of fun. I guess the other side had a real bird over it because they hadn't dealt with it before.
[01:26:10.520 --> 01:26:14.520]  It managed to start a whole lot of trouble.
[01:26:14.520 --> 01:26:24.520]  Anyway, as an aside, I wish I had about two or three hours on the air with you just to go through,
[01:26:24.520 --> 01:26:27.520]  even only the foreclosure.
[01:26:27.520 --> 01:26:29.520]  Okay. Let's make a deal.
[01:26:29.520 --> 01:26:30.520]  Okay.
[01:26:30.520 --> 01:26:34.520]  Next Friday at 8 o'clock, you're my guest.
[01:26:34.520 --> 01:26:43.520]  Sounds good. What would next Friday be? I believe that would be the 1st of March.
[01:26:43.520 --> 01:26:45.520]  That works for me.
[01:26:45.520 --> 01:26:52.520]  But anyway, the foreclosure stuff. You guys were talking about land records earlier,
[01:26:52.520 --> 01:26:56.520]  and you were talking about Washington Mutual earlier. Believe it or not,
[01:26:56.520 --> 01:27:05.520]  one of the first things you should always do, and the three foreclosure cases I've worked on with an attorney,
[01:27:05.520 --> 01:27:13.520]  we stopped them cold just by comparing what was on the land records with what was on the complaint with what was on the motion for summary judgment.
[01:27:13.520 --> 01:27:19.520]  For people who aren't familiar, the description on the land records is not the physical property address,
[01:27:19.520 --> 01:27:22.520]  like say one Main Street, okay?
[01:27:22.520 --> 01:27:27.520]  It will be a legal description of the property, like starting at, you know,
[01:27:27.520 --> 01:27:37.520]  100 yards beyond property, formerly of John and Jane Doe, going 100 feet cents to an iron pin, so on and so forth.
[01:27:37.520 --> 01:27:40.520]  Okay, no. Well, wait. That's meets and bounds.
[01:27:40.520 --> 01:27:42.520]  Yes, but that is...
[01:27:42.520 --> 01:27:47.520]  Generally in the property records, most of the properties nowadays are in a development,
[01:27:47.520 --> 01:27:56.520]  and they will have a lot number and generally a book number and a lot number.
[01:27:56.520 --> 01:27:59.520]  Not necessarily always known in Connecticut, but Randy...
[01:27:59.520 --> 01:28:03.520]  Oh, you're in Connecticut. It's a lot older. You may still have meets and bounds,
[01:28:03.520 --> 01:28:08.520]  but both of them are a lot more complex than the physical address.
[01:28:08.520 --> 01:28:10.520]  To simplify, Randy, here's the takeaway.
[01:28:10.520 --> 01:28:17.520]  A lot of these fraud closure mills, like in Connecticut you're dealing with Bennett McHugh and Huntley Burke Jacobson,
[01:28:17.520 --> 01:28:20.520]  basically the mortgage servicer will come to these law firms and be like,
[01:28:20.520 --> 01:28:26.520]  hey, can we borrow your jurist number? We want to start a lease for closure cases, so on and so forth.
[01:28:26.520 --> 01:28:33.520]  What they won't realize, and as a matter of fact, these errors even go back to the creation of the note.
[01:28:33.520 --> 01:28:37.520]  One example, and this is something a good attorney friend of mine pointed out,
[01:28:37.520 --> 01:28:41.520]  he found this on the land records and we started using this trick.
[01:28:41.520 --> 01:28:49.520]  It turns out the note was written on a description of land from 1906.
[01:28:49.520 --> 01:28:52.520]  That's what they foreclosed on.
[01:28:52.520 --> 01:28:57.520]  Little did they know that the land was re-surveyed.
[01:28:57.520 --> 01:29:03.520]  It was divided up into two separate lots, three years before the creation of the note.
[01:29:03.520 --> 01:29:10.520]  Washington Mutual created a note on this, a description of land from 1906.
[01:29:10.520 --> 01:29:14.520]  Obviously, there's a huge problem with that.
[01:29:14.520 --> 01:29:20.520]  The other funny thing I've seen is the description on the land records will be different
[01:29:20.520 --> 01:29:25.520]  from the description in the complaint, which will also be different from a third version,
[01:29:25.520 --> 01:29:28.520]  which is in the motion for summary judgment.
[01:29:28.520 --> 01:29:34.520]  Wonderful. Wait, Dan, I am sorry we are out of time,
[01:29:34.520 --> 01:29:39.520]  but let's come back next Friday and have lots of stuff for us.
[01:29:39.520 --> 01:29:42.520]  We'll do four hours and have a great time.
[01:29:42.520 --> 01:29:47.520]  Oh, yes, I look forward to it. There's so much to go over.
[01:29:47.520 --> 01:29:50.520]  Thank you, Dan. We'll see you next Friday.
[01:29:50.520 --> 01:29:53.520]  This is Randy Kelton, Deborah Stevens, Will's Law Radio.
[01:29:53.520 --> 01:29:57.520]  Thank you all for listening and good night.
[01:30:02.520 --> 01:30:07.520]  In Wisconsin, an elderly woman who housed orphans was about to lose her home before closure
[01:30:07.520 --> 01:30:11.520]  when her 12-year-old grandson came to the rescue.
[01:30:11.520 --> 01:30:16.520]  Dr. Catherine Albrecht, back with the story of Noah the Dreamcatcher after this.
[01:30:42.520 --> 01:30:49.520]  For years, Janice Sparhawk cared for dozens of orphans.
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[01:30:54.520 --> 01:31:00.520]  Her health failing, she couldn't pay the mortgage unless she found $10,000 the bank would foreclose.
[01:31:00.520 --> 01:31:04.520]  She appealed to her congressman, her governor, and even the president,
[01:31:04.520 --> 01:31:07.520]  but it was her grandson, Noah, who saved the day.
[01:31:07.520 --> 01:31:11.520]  When her 12-year-old posted her story on a website he'd created three years earlier,
[01:31:11.520 --> 01:31:15.520]  Noah's Dreamcatcher Network, to help hurricane victims.
[01:31:15.520 --> 01:31:21.520]  Within days, enough money had poured in to rescue Sparhawk, her foster kids, and their faith in America.
[01:31:21.520 --> 01:31:26.520]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
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[01:33:01.520 --> 01:33:27.520]  You are listening to the Logos Radio Network. LogosRadioNetwork.com.
[01:33:31.520 --> 01:33:59.520]  Logos Radio Network
[01:33:59.520 --> 01:34:27.520]  Logos Radio Network
[01:34:27.520 --> 01:34:33.520]  Okay, I am confused. This is Randy Kelton.
[01:34:33.520 --> 01:34:39.520]  Apparently I had a clock issue that was telling me we're out of time and we had two segments left.
[01:34:39.520 --> 01:34:43.520]  My bad. Randy's brain dead today.
[01:34:43.520 --> 01:34:51.520]  So, I had more time for Dan. Dan, if you're still out there, please call back in.
[01:34:51.520 --> 01:34:59.520]  I guess I'm having one of my old guy days.
[01:34:59.520 --> 01:35:15.520]  So, car lines are still open and I hope somebody out there realized that I was messing up here and thinking that the show was over when we had 30 minutes left.
[01:35:15.520 --> 01:35:25.520]  I'm not sure what the issue was, but I have a set of clocks that I watch and somehow we got confused on them.
[01:35:25.520 --> 01:35:35.520]  Anyway, when Dan went out, he was going through a number of issues. Dan's been a listener for a very long time.
[01:35:35.520 --> 01:35:49.520]  Quite a while ago, he kind of got the idea that he liked the idea of what we were doing and started looking into it.
[01:35:49.520 --> 01:35:57.520]  He became a student and now Dan's at the point that he's actually one of the teachers.
[01:35:57.520 --> 01:36:07.520]  And for me, that's a high praise indeed when the student outdoes the teacher.
[01:36:07.520 --> 01:36:15.520]  Oh, he is back. Oh, good. I was bringing up my call page. Dan, are you there?
[01:36:15.520 --> 01:36:19.520]  I have returned.
[01:36:19.520 --> 01:36:23.520]  You're not going to tell anybody how brain dead I am today.
[01:36:23.520 --> 01:36:31.520]  As a matter of fact, I was honestly, when I first started talking to you guys, it was the first time I ran for Congress.
[01:36:31.520 --> 01:36:37.520]  I might actually do it again now that I have ballot access, depending on the situation.
[01:36:37.520 --> 01:36:46.520]  But I am having so much fun with this line of work. It is incredible.
[01:36:46.520 --> 01:36:54.520]  And the thing that's really amazing about it is I'm teaching people so much that they're teaching other people.
[01:36:54.520 --> 01:37:01.520]  One thing I did want to mention, I had a student of mine that she was just told earlier this week,
[01:37:01.520 --> 01:37:16.520]  you know, elderly disabled tenant in a house tax foreclosure, she was told by the attorney for the other side, okay, well, you have to get out, we're going to have to come up with a better idea.
[01:37:16.520 --> 01:37:29.520]  And she's like, I came up with a better idea. It's called a writ of audit of Cortella and the guy had a bird in open court.
[01:37:29.520 --> 01:37:32.520]  Okay, how do you spell that audit?
[01:37:32.520 --> 01:37:40.520]  Audit, A-U-D-I-T-A-Q-U-E-R-E-L-A.
[01:37:40.520 --> 01:37:43.520]  Wait a minute. Say that again, I-D-A?
[01:37:43.520 --> 01:37:54.520]  A-U-D-I-T-A-Q-U-E-R-E-L-A.
[01:37:54.520 --> 01:37:56.520]  Oh, that sounds like fun.
[01:37:56.520 --> 01:38:02.520]  Oh, yes.
[01:38:02.520 --> 01:38:05.520]  So, what does it go to?
[01:38:05.520 --> 01:38:12.520]  Basically, it's a post-judgment remedy. What happened in this particular case is while the case was on appeal,
[01:38:12.520 --> 01:38:25.520]  by the way, this was the OJ Simpson trial of all summary process actions because it lasted 14 or 15 months beyond the notice to quit.
[01:38:25.520 --> 01:38:37.520]  It actually went to the appellate court, and that was actually one of the wins that I helped somebody secure in the Connecticut appellate court.
[01:38:37.520 --> 01:38:43.520]  And it was based on the issue of what kind of bond would need to be posted, and there was a question about it,
[01:38:43.520 --> 01:38:52.520]  and the appellate court picked right up on it, and they sided with us.
[01:38:52.520 --> 01:38:57.520]  But anyway, no, you didn't.
[01:38:57.520 --> 01:39:05.520]  But basically, I just called in just to kind of go through a basic checklist of stuff that people should look for in foreclosures.
[01:39:05.520 --> 01:39:11.520]  I think I left off with the land records, which one of the things that I like to do is A,
[01:39:11.520 --> 01:39:18.520]  look for the description of the property on the land records because in a lot of cases, especially with these fraud closure mills, it's wrong.
[01:39:18.520 --> 01:39:23.520]  So they're foreclosing on land that, you know, actually isn't the real land.
[01:39:23.520 --> 01:39:27.520]  Everybody thinks it's a postal address. It's really not.
[01:39:27.520 --> 01:39:34.520]  The second thing you should look for while you're at the land records is all the parties that have actually filed, you know,
[01:39:34.520 --> 01:39:41.520]  something on the land records saying that they have an interest, and this is probably the same for every state.
[01:39:41.520 --> 01:39:50.520]  But one thing I can tell you is if they don't actually release the interest, let's just say somebody purchases the mortgage
[01:39:50.520 --> 01:39:54.520]  or acquires it somehow, we all know how creative they get.
[01:39:54.520 --> 01:40:01.520]  But the thing is, if they're not actually named as a party in the complaint and they actually haven't filed a release of lien,
[01:40:01.520 --> 01:40:03.520]  well, guess what?
[01:40:03.520 --> 01:40:10.520]  You can actually get the judgment reopened if they weren't named in the original suit.
[01:40:10.520 --> 01:40:13.520]  Yes, because they didn't name all parties.
[01:40:13.520 --> 01:40:29.520]  We have, if you look in the deed of trust or mortgage right at the end, there is a covenant in there that says that once the note is paid off,
[01:40:29.520 --> 01:40:35.520]  the lender must return the note and the deed of trust to the borrower.
[01:40:35.520 --> 01:40:43.520]  If he hasn't done that, then the transaction is not complete.
[01:40:43.520 --> 01:40:47.520]  So the lien is still in effect.
[01:40:47.520 --> 01:40:54.520]  Yeah, the other thing that I would strongly recommend that everybody do is pay very close attention,
[01:40:54.520 --> 01:41:00.520]  especially if you've been suckered into doing a modification agreement, which as you probably know,
[01:41:00.520 --> 01:41:05.520]  the whole purpose is not to actually modify the mortgage and keep it in your home.
[01:41:05.520 --> 01:41:09.520]  The purpose is to get you to sign away your rights to sue the Everliving Bejesus out of them.
[01:41:09.520 --> 01:41:11.520]  But a lot of people will do this.
[01:41:11.520 --> 01:41:18.520]  And in Connecticut, I know a lot of states have passed similar laws concerning mortgage relief.
[01:41:18.520 --> 01:41:24.520]  What they'll do is they'll file affidavits saying, I am such and such, I'm the vice president of whatever,
[01:41:24.520 --> 01:41:30.520]  based on our books and records, we have complied with hemp, tarp, whatever.
[01:41:30.520 --> 01:41:39.520]  And effectively, what a lot of these foreclosure mills do is they'll get you sending in paperwork like one case they worked on,
[01:41:39.520 --> 01:41:47.520]  they had the person send in mortgage modification documents like 30 plus times over the course of the last two years.
[01:41:47.520 --> 01:41:58.520]  Meanwhile, on the other side of it, the law firm, one of the fraud closure mills, was actually moving forward with the court case on the other end.
[01:41:58.520 --> 01:42:03.520]  So basically, there was the pretense that, yes, we're going to help you keep your home,
[01:42:03.520 --> 01:42:08.520]  but at the same time, we're going to try to move quietly in the court and get some re-judgment.
[01:42:08.520 --> 01:42:11.520]  So that happens quite a bit.
[01:42:11.520 --> 01:42:21.520]  Here a question becomes, did they take hemp money for offering the modification?
[01:42:21.520 --> 01:42:25.520]  Actually, there's a different question that I have when that goes on,
[01:42:25.520 --> 01:42:33.520]  because believe it or not, there are traditional defenses to a mortgage such as payment discharge and what have you.
[01:42:33.520 --> 01:42:39.520]  But Connecticut, believe it or not, has established other defenses such as unclean hands,
[01:42:39.520 --> 01:42:46.520]  because in Connecticut, a foreclosure action is considered an action in equity.
[01:42:46.520 --> 01:42:51.520]  Do you think I should probably explain what equity is versus another type of action?
[01:42:51.520 --> 01:42:53.520]  Yes.
[01:42:53.520 --> 01:43:04.520]  Inequitable action is an action based on something other than statute or something else other than common law.
[01:43:04.520 --> 01:43:11.520]  It goes back to the way, because our country was founded on the English system of law.
[01:43:11.520 --> 01:43:19.520]  Back in Mary Old England, before we started the colonies, our system had two separate types of courts.
[01:43:19.520 --> 01:43:27.520]  The first type dealt with, hey, you stole my sheep, you stole my cow, you broke my lamp, whatever.
[01:43:27.520 --> 01:43:38.520]  The second type of court, they were called courts of chancellery, and believe it or not, Delaware is the only state in the Union that still has a court of chancellery.
[01:43:38.520 --> 01:43:42.520]  But basically, equitable actions ask for things other than money.
[01:43:42.520 --> 01:43:47.520]  They basically ask for things that would do justice otherwise.
[01:43:47.520 --> 01:43:51.520]  Okay, hang on, this time the show's not over.
[01:43:51.520 --> 01:44:00.520]  This is Randy Kelton, David Stevens, Eddie Craig, and we'll be right back.
[01:44:00.520 --> 01:44:09.520]  It is so enlightening to listen to 90.1 FM, but finding things on the Internet isn't so easy, and neither is finding like-minded people to share it with.
[01:44:09.520 --> 01:44:12.520]  Oh, well, I guess you haven't heard of Brave New Books, then.
[01:44:12.520 --> 01:44:13.520]  Brave New Books?
[01:44:13.520 --> 01:44:21.520]  Yes, Brave New Books has all the books and DVDs you're looking for by authors like Alex Jones, Ron Paul, and G. Edward Griffin.
[01:44:21.520 --> 01:44:24.520]  They even stock Interfood, Berkey products, and Calvin Soaps.
[01:44:24.520 --> 01:44:27.520]  There's no way a place like that exists.
[01:44:27.520 --> 01:44:32.520]  Go check it out for yourself. It's downtown at 1904 Guadalupe Street, just south of UT.
[01:44:32.520 --> 01:44:36.520]  Oh, by UT? There's never anywhere to park down there.
[01:44:36.520 --> 01:44:43.520]  They now offer a free hour of parking for paying customers at the 500 MLK parking facility just behind the bookstore.
[01:44:43.520 --> 01:44:47.520]  It does exist, but when are they open?
[01:44:47.520 --> 01:44:52.520]  Monday through Saturday, 11 a.m. to 9 p.m., and 1 to 6 p.m. on Sundays.
[01:44:52.520 --> 01:45:00.520]  So get them a call at 512-480-2503, or check out their events page at bravenewbookstore.com.
[01:45:00.520 --> 01:45:04.520]  Are you the plaintiff or defendant in a lawsuit?
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[01:46:22.520 --> 01:46:38.520]  Okay, we are back. Randy Kelton, Debra Stevens, Eddie Craig, Rule of Law Radio, and we're talking to Dan in Connecticut.
[01:46:38.520 --> 01:46:44.520]  Okay, I'll go really quick and just let me know if you have anybody else on the bridge, because we can obviously say this the next week if we have to.
[01:46:44.520 --> 01:46:57.520]  On line is with equity, the unclean hands doctrine in Connecticut dictates that anybody who comes before any court seeking equitable relief must demonstrate that he has clean hands.
[01:46:57.520 --> 01:47:00.520]  Now, let me give you an example for the purpose of mortgages.
[01:47:00.520 --> 01:47:11.520]  Let's just hypothetically say that a lender or a fraud closure mill will send you a letter saying you have 30 days to dispute this debt or 60 days to sit down with a lender and try to work out a deal.
[01:47:11.520 --> 01:47:20.520]  And let's also hypothetically suppose that before either timeframe elapses, they actually initiate suit to foreclose.
[01:47:20.520 --> 01:47:23.520]  Obviously, they don't have clean hands, now do they?
[01:47:23.520 --> 01:47:31.520]  Because they just told you in writing that we're going to give you this amount of time to actually sit down with us, but we're going to move to file super forehand.
[01:47:31.520 --> 01:47:48.520]  Now, the other extreme example I've seen, and you've probably seen this too, and there's actually a lot of case law concerning Fair Debt Collection Practices Act, is what will happen is the servicer will call a company to basically break into your home,
[01:47:48.520 --> 01:47:54.520]  change the locks, and winterize the whole house, even though they haven't actually foreclosed the property yet.
[01:47:54.520 --> 01:47:56.520]  This is very common.
[01:47:56.520 --> 01:48:01.520]  As a matter of fact, a lot of servicers have been sued over this.
[01:48:01.520 --> 01:48:15.520]  Another example where you could kind of bring this sort of thing up, and this goes back to the land records, one thing that I have done on purpose because I've seen so much, you've probably heard about the RoboSigner incidents, correct?
[01:48:15.520 --> 01:48:16.520]  Yes.
[01:48:16.520 --> 01:48:27.520]  Well, I actually have 30 different samples of Linda Green signatures on the land records where she's vice president of such and such a bank.
[01:48:27.520 --> 01:48:30.520]  I have different samples of Tawana Thomas.
[01:48:30.520 --> 01:48:33.520]  I have different samples of Christina Huang.
[01:48:33.520 --> 01:48:37.520]  You know, I mean, there's a whole host of other names.
[01:48:37.520 --> 01:48:46.520]  But the bottom line is we can actually show on the land records where they say, look, not only do these signatures change, but sort of their job titles.
[01:48:46.520 --> 01:49:04.520]  And believe it or not, what happens in Connecticut very often is these companies like American Home Mortgage Servicing Incorporated, AMSI for short, they will come in and they will basically, you know,
[01:49:04.520 --> 01:49:15.520]  tell like the fraud, closure, milk, go ahead and file suit, but they won't actually acquire interest in the mortgage until after the suit is filed on the land records.
[01:49:15.520 --> 01:49:17.520]  This is fairly routine.
[01:49:17.520 --> 01:49:23.520]  Now, by the way, this actually goes to the doctrine of justice ability.
[01:49:23.520 --> 01:49:32.520]  Justice ability requires that, you know, first of all, that if you want to file suit against somebody for something, you have to have an interest in it.
[01:49:32.520 --> 01:49:37.520]  There has to be an actual controversy between the parties at the time the complaint was filed.
[01:49:37.520 --> 01:49:42.520]  And if there is no such controversy, then the suit can be dismissed.
[01:49:42.520 --> 01:49:47.520]  That's actually, in Connecticut, the first pleading you can file right off the bat is motion dismissed.
[01:49:47.520 --> 01:49:51.520]  A lot of people think, oh, I have to file an answer right away.
[01:49:51.520 --> 01:49:53.520]  That's not necessarily true.
[01:49:53.520 --> 01:50:01.520]  In Connecticut, the order of pleadings is motion to dismiss, request to revise the complaint, request to strike the complaint.
[01:50:01.520 --> 01:50:05.520]  You know, and then the answer, at least from the defendant side.
[01:50:05.520 --> 01:50:09.520]  And then after that, you know, in your answer, you can file special defenses.
[01:50:09.520 --> 01:50:27.520]  Special defenses are basically allegations that are, although they're consistent with the paragraphs and the complaint, they basically are consistent with the facts, but nonetheless demonstrate that there are other circumstances saying that the plaintiff isn't titled to relief that's passed.
[01:50:27.520 --> 01:50:36.520]  And then after you file special defenses in or a counterclaim if you want to, then the plaintiff has to reply to your special defenses.
[01:50:36.520 --> 01:50:45.520]  In Connecticut, and I'm sure this is the same situation regardless of what state you're dealing with, there's a certain time in which you have to plead.
[01:50:45.520 --> 01:50:57.520]  And now if you're the defendant, you have to be very careful about this because I just want to go through this very briefly because I'm sure you have other callers and anybody can download this and re-listen to it again.
[01:50:57.520 --> 01:51:07.520]  But the fraud closure mills, what they're going to do is they're going to file suit regardless of what stage you are if you're trying to work out a mod or what have you.
[01:51:07.520 --> 01:51:15.520]  And if you don't file an appearance, the first thing they're going to do is they're going to move to default you for failure to appear, okay?
[01:51:15.520 --> 01:51:22.520]  A lot of people, most people don't even show up. They don't even file an appearance form, so they get defaulted for failure to appear.
[01:51:22.520 --> 01:51:32.520]  The second thing that will happen is a lot of people just won't file a pleading in time, like they won't file a motion to dismiss, request a revise, or what have you.
[01:51:32.520 --> 01:51:38.520]  So if you don't file a responsive pleading in time, they're going to move to default you for failure to plead.
[01:51:38.520 --> 01:51:49.520]  The third thing that will happen is let's just hypothetically say, you know, that you file an answer, okay, I am so-and-so, I admit to owning the property, I admit to having a mortgage.
[01:51:49.520 --> 01:52:02.520]  Well, and if you don't answer the other allegations in the complaint, you leave the plaintiff, you know, to his proof, then basically in Connecticut, they're going to move according to practice book 10-19,
[01:52:02.520 --> 01:52:08.520]  which basically says if you don't admit or deny, then the allegations are deemed admitted.
[01:52:08.520 --> 01:52:13.520]  And they're basically going to use that in motion for summary judgment, and they're going to file a motion for summary judgment,
[01:52:13.520 --> 01:52:17.520]  and chances are unless you act quickly, they're going to get it.
[01:52:17.520 --> 01:52:25.520]  So after that happens, they're going to probably have that motion for summary judgment just kicking around, and they're going to do what they do,
[01:52:25.520 --> 01:52:32.520]  and eventually they're going to move for a judgment of either a strict foreclosure or foreclosure by sale.
[01:52:32.520 --> 01:52:34.520]  Now, there's a difference here.
[01:52:34.520 --> 01:52:44.520]  In a motion for, you know, a strict foreclosure, they just take the property, they have signed law dates for everybody with an interest in the property to actually come in,
[01:52:44.520 --> 01:52:49.520]  and, you know, pay like, you know, whatever their obligation is to redeem it.
[01:52:49.520 --> 01:52:58.520]  In a foreclosure by sale, they'll, you know, they'll put up a sign, they'll appoint a committee of sale, and they'll actually sell it to get the proceeds.
[01:52:58.520 --> 01:53:09.520]  Basically, the case law and the statutes in Connecticut say that if the debt is less than the value of the property,
[01:53:09.520 --> 01:53:13.520]  they're basically supposed to have a foreclosure by sale.
[01:53:13.520 --> 01:53:22.520]  If the debt is far greater than the value of the property, they're supposed to have, you know, a strict foreclosure.
[01:53:22.520 --> 01:53:25.520]  So those are the two types of foreclosure in Connecticut.
[01:53:25.520 --> 01:53:29.520]  Again, I'm pretty sure it's very similar anywhere.
[01:53:29.520 --> 01:53:40.520]  So I should probably stop here just in case anybody wants any clarification or, you know, I should, you know, clear anything up.
[01:53:40.520 --> 01:53:44.520]  No, we don't have any more callers, and I'd rather you go through them.
[01:53:44.520 --> 01:53:46.520]  I'm taking some notes.
[01:53:46.520 --> 01:53:58.520]  We don't, I haven't come across the different types of foreclosures, frankly, anywhere else, other than either a judicial or non-judicial.
[01:53:58.520 --> 01:54:07.520]  So it sounds like you're in an unusual state, but that's not uncommon for the Commonwealth states.
[01:54:07.520 --> 01:54:10.520]  They tend to be somewhat different in law.
[01:54:10.520 --> 01:54:16.520]  Most other states are based on Spanish law and Commonwealths are based on the old English law.
[01:54:16.520 --> 01:54:18.520]  But keep going, keep going.
[01:54:18.520 --> 01:54:20.520]  If you don't have any other callers, you're good.
[01:54:20.520 --> 01:54:26.520]  In a judicial state, and basically the difference is the judicial state, obviously, you have to go to court.
[01:54:26.520 --> 01:54:30.520]  It's like a regular lawsuit, you have regular pleadings, you have regular discovery.
[01:54:30.520 --> 01:54:33.520]  Discovery is something I could probably go through next week.
[01:54:33.520 --> 01:54:40.520]  I have had a lot of fun with discovery because you can start poking holes in the whole securitization scheme.
[01:54:40.520 --> 01:54:46.520]  You can start going through, like, interrogatories, requests for admissions.
[01:54:46.520 --> 01:54:49.520]  And here's the difference between the two of them.
[01:54:49.520 --> 01:54:57.520]  Request for admissions is basically, you know, you file a set of statements and, you know, you request that they admit or deny them.
[01:54:57.520 --> 01:55:04.520]  The purpose of a series of requests for admissions is to basically ask, you know,
[01:55:04.520 --> 01:55:08.520]  and it's to kind of narrow down what the controversy is.
[01:55:08.520 --> 01:55:14.520]  Like, for example, requests for admission, the plaintiff is the holder in due course, you know,
[01:55:14.520 --> 01:55:20.520]  and the other side is going to have to say admitted or denied, or they're going to have to object on it.
[01:55:20.520 --> 01:55:24.520]  And obviously, there are different grounds for objections like this request isn't relevant.
[01:55:24.520 --> 01:55:28.520]  Like, for example, if the note wasn't securitized, they'd say objection.
[01:55:28.520 --> 01:55:35.520]  Relevance, this request isn't designed to provide any evidence that would be useful at trial.
[01:55:35.520 --> 01:55:41.520]  And if the note wasn't securitized, I'd totally agree with it, you know, or maybe I would.
[01:55:41.520 --> 01:55:50.520]  I mean, you know, I would probably disagree with it either way because you would have to be the holder in due course to have, you know, the rights to enforce the note.
[01:55:50.520 --> 01:55:54.520]  I mean, in Connecticut, there's the whole...
[01:55:54.520 --> 01:56:01.520]  UCC 3-501 gives you a statutory right to make that demand that they produce the note.
[01:56:01.520 --> 01:56:06.520]  I think it's 42A-3-301.
[01:56:06.520 --> 01:56:11.520]  I mean, I'm probably not getting that right, but in either case, there's a difference,
[01:56:11.520 --> 01:56:15.520]  what I was going to say is there's a difference between a holder and a holder in due course.
[01:56:15.520 --> 01:56:19.520]  A holder is like, I'll make an analogy between a mortgage note and a check.
[01:56:19.520 --> 01:56:23.520]  A check is also a negotiable instrument, just like a mortgages.
[01:56:23.520 --> 01:56:28.520]  Now, you can be a holder even though you're in wrongful possession of it.
[01:56:28.520 --> 01:56:32.520]  Like, let's just say you stole somebody's check, okay?
[01:56:32.520 --> 01:56:38.520]  I mean, you know, you're the holder, you would have certain rights, but you wouldn't have the same rights as a holder in due course.
[01:56:38.520 --> 01:56:45.520]  A holder in due course would actually have rights to actually enforce the instrument because he acquired it in full faith,
[01:56:45.520 --> 01:56:54.520]  he acquired it with fair disclosure, and he acquired it for value, and he had full intent to actually fall through the contract.
[01:56:54.520 --> 01:57:03.520]  Obviously, MERS does not fit that categorization because what MERS does is the equivalent of taking the original check,
[01:57:03.520 --> 01:57:11.520]  the original document, putting it in the shredder, and then making an electronic copy of it,
[01:57:11.520 --> 01:57:17.520]  and then making multiple copies of it, and saying, like, okay, bring this to the bank five times.
[01:57:17.520 --> 01:57:26.520]  I mean, just the same, would I be morally or legally right in photocopying a $5 bill and saying, could you give me change?
[01:57:26.520 --> 01:57:27.520]  I want...
[01:57:27.520 --> 01:57:28.520]  Okay, wait.
[01:57:28.520 --> 01:57:38.520]  There is another definition of holder and holder in due course, and that's under 16 CFR 433.
[01:57:38.520 --> 01:57:43.520]  The Federal Trade Commission rules, it's called the holder rule.
[01:57:43.520 --> 01:57:54.520]  A holder in due course has no responsibility for any potential fraud that was occurred in the creation of the note.
[01:57:54.520 --> 01:58:01.520]  For instance, check, if somebody writes a bad check, the person he writes it to is a holder in due course,
[01:58:01.520 --> 01:58:04.520]  so he has no responsibility for that fraud.
[01:58:04.520 --> 01:58:13.520]  If someone is a holder, then they do, in the matter of a consumer mortgage, there can be no holder in due course,
[01:58:13.520 --> 01:58:19.520]  because whoever holds the note is responsible for any fraud committed by the lender.
[01:58:19.520 --> 01:58:21.520]  We'll talk about this next Friday.
[01:58:21.520 --> 01:58:23.520]  We are out of time.
[01:58:23.520 --> 01:58:26.520]  Thank you, Dan, and I'm looking forward to next Friday.
[01:58:26.520 --> 01:58:28.520]  We ought to have a good lively show in Garrett.
[01:58:28.520 --> 01:58:30.520]  I'm sorry we couldn't get to you.
[01:58:30.520 --> 01:58:32.520]  We are out of time.
[01:58:32.520 --> 01:58:36.520]  Thank you all for listening, and this time the show really is over.
[01:58:36.520 --> 01:58:39.520]  Honest, I wouldn't kid you about that.
[01:58:39.520 --> 01:58:41.520]  Okay, we'll be back next week.
[01:58:41.520 --> 01:59:10.520]  We thank you all for listening, and good night.
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