ROL_2013-03-22_16k_Hr3-4.timecode

[00:00.000 --> 00:10.120]  You're listening to the Liberty Bees, your daily source for Liberty News and activist
[00:10.120 --> 00:15.400]  updates online at TheLibertyBeat.com.
[00:15.400 --> 00:19.920]  John Bush here with your Liberty Bees for March 22, 2013.
[00:19.920 --> 00:29.560]  Proled open today at $1,609, silver at $28.98.96, and Bitcoin is trading at $72.95.
[00:29.560 --> 00:33.480]  Today's edition of Liberty Bees is sponsored and parted by Brave New Books, your Central
[00:33.480 --> 00:40.720]  Texas supplier of One World Way and Tangy Tangerine, online at bravenewbookstore.com.
[00:40.720 --> 00:44.000]  And now the news.
[00:44.000 --> 00:48.320]  A program aimed at rewarding people who blow the whistle on illegal gun owners has yet
[00:48.320 --> 00:52.120]  to show significant results as three police agencies in New York.
[00:52.120 --> 00:57.920]  In February of 2012, 11 months before the passage of NY SAFE Act, Governor Cuomo's office
[00:57.920 --> 01:01.160]  announced a four-pronged initiative to curb gun violence.
[01:01.160 --> 01:04.880]  One of the programs was a cash reward for citizens who lead police to the arrest and
[01:04.880 --> 01:07.240]  confiscation of illegal firearms.
[01:07.240 --> 01:11.600]  Known as the gun tip line, New Yorkers can call a toll-free hotline to alert police if
[01:11.600 --> 01:13.920]  they believe someone they know has an illegal gun.
[01:13.920 --> 01:17.800]  The call would be picked up by state police and local law enforcement would be notified
[01:17.800 --> 01:19.640]  if the tip seemed reliable.
[01:19.640 --> 01:27.680]  If there was an arrest, the tipster would receive as much as $500.
[01:27.680 --> 01:32.080]  The U.S. government is expanding a cybersecurity program that scans internet traffic headed
[01:32.080 --> 01:36.480]  into and out of defense contractors to include far more of the country's private civilian
[01:36.480 --> 01:37.760]  run infrastructure.
[01:37.760 --> 01:41.680]  As a result, more private sector employees than ever before, including those at big banks,
[01:41.680 --> 01:45.880]  utilities, and key transportation companies, will have their emails and web surfing scanned
[01:45.880 --> 01:48.480]  as a precaution against cyber attacks.
[01:48.480 --> 01:52.040]  Under last month's White House executive order on cybersecurity, the scans will be driven
[01:52.040 --> 01:56.440]  by classified information provided by U.S. intelligence agencies, including data from
[01:56.440 --> 02:01.640]  the National Security Agency on new or specifically serious espionage threats and other hacking
[02:01.640 --> 02:07.240]  attempts.
[02:07.240 --> 02:10.480]  Republican amendments to the Senate's budget proposal would require President Obama and
[02:10.480 --> 02:14.160]  Vice President Biden to get their medical care through the new exchanges created by
[02:14.160 --> 02:16.480]  Obama's signature health care law.
[02:16.480 --> 02:20.800]  Senators Susan Collins, Republican from Maine and Kelly Iote, Republican from New Hampshire,
[02:20.800 --> 02:24.640]  both offered amendments to move the President and Vice President into the health care law
[02:24.640 --> 02:26.240]  as an exchange.
[02:26.240 --> 02:30.320]  Under the Affordable Care Act passed, the White House said Obama would enroll in exchange
[02:30.320 --> 02:32.600]  once the time came in 2014.
[02:32.600 --> 02:36.920]  Collins and Iote's amendment would require the President, the Vice President, and the
[02:36.920 --> 02:42.400]  Cabinet to put their premiums where their politics are.
[02:42.400 --> 02:46.200]  The Liberty Beat is sponsored in part by Pure Rain, chemical and fluoride-free bobble
[02:46.200 --> 02:51.600]  blotter available at Central Market and Whole Foods grocery stores, online at PureRainUSA.com
[02:51.600 --> 02:56.840]  and by Central Texas Gun Works, self-defense training, CHL courses and firearm sales online
[03:21.600 --> 03:43.640]  Okay, we are back, Randy Kelton, Deborah Stevens, Eddie Craig, Rural Law Radio, and we're
[03:43.640 --> 03:47.840]  talking to Rob in New Mexico.
[03:47.840 --> 03:56.200]  Okay, that would be an interesting issue, has the city came after you over the building
[03:56.200 --> 03:57.200]  code issue?
[03:57.200 --> 04:07.000]  Well, no, and we're rural and we're 5 acres or bigger where we're at, and we had to get
[04:07.000 --> 04:11.520]  it replaced because dang dang burned out on us, we didn't have any hot water and didn't
[04:11.520 --> 04:16.880]  need the heat in July, but needed to have that ready for the winter.
[04:16.880 --> 04:22.200]  So I'm just wondering is, you know, if that's something I can go after the seller because
[04:22.200 --> 04:25.000]  they're the ones that did it.
[04:25.000 --> 04:27.000]  Did you purchase on contract?
[04:27.000 --> 04:29.760]  Yeah, we're on a real estate contract.
[04:29.760 --> 04:34.440]  Okay, I mean, yeah, okay, so you didn't buy it through a bank or something?
[04:34.440 --> 04:36.440]  No, directly from the seller.
[04:36.440 --> 04:39.440]  We just haven't asked the company that I'm about to sue.
[04:39.440 --> 04:43.720]  Yeah, and if you purchased as is, you're not going to have a claim.
[04:43.720 --> 04:54.360]  You might have a claim if the city came after you, but having purchased as is, I don't think
[04:54.360 --> 04:56.480]  you're going to have a claim back on the seller.
[04:56.480 --> 05:00.720]  Okay, I was just wondering if that was something that, you know, because it was a commercial
[05:00.720 --> 05:06.200]  transaction if they would be found by the bad ordinance.
[05:06.200 --> 05:14.800]  Now, if it was an automobile, there are special statutes for that, like the lemon laws.
[05:14.800 --> 05:18.960]  But as far as property, I don't know of any.
[05:18.960 --> 05:26.200]  Okay, that was just a curiosity, so I found an attorney.
[05:26.200 --> 05:34.240]  How's your issue going with these lawyers, have you, have they cry on call yet?
[05:34.240 --> 05:42.880]  No, apparently I'm making them matter because they're playing dirtier.
[05:42.880 --> 05:46.200]  My motion of disqualify counsel got turned down.
[05:46.200 --> 05:47.800]  Oh, let me back up a second.
[05:47.800 --> 05:54.800]  The good magistrate with the Gadsden flag, he got pulled off my case.
[05:54.800 --> 05:57.840]  They addressed him with a different magistrate.
[05:57.840 --> 06:00.800]  I had three motions pending before the court.
[06:00.800 --> 06:06.160]  One of them was stupid and wrong, it was a judicial notice, and I put it in as a motion
[06:06.160 --> 06:10.840]  and I didn't attach the stuff I wanted, judicial notice, so he denied that.
[06:10.840 --> 06:11.840]  That's fine.
[06:11.840 --> 06:13.600]  I just redid that and did it right.
[06:13.600 --> 06:18.760]  But he denied the motion to disqualify counsel and my motion to compel production the day
[06:18.760 --> 06:22.280]  after he was put on the case.
[06:22.280 --> 06:29.760]  The motion to disqualify counsel, he stated that I wanted to disqualify counsel because
[06:29.760 --> 06:36.960]  he may be called to testify and that I wanted to disqualify the law firm because the attorney
[06:36.960 --> 06:40.960]  might testify and that's not what I said at all.
[06:40.960 --> 06:47.520]  I said the attorney had testified and I specifically said to disqualify him, not the law firm.
[06:47.520 --> 06:50.880]  So I filed my objection to that.
[06:50.880 --> 06:55.320]  Did you file motion for reconsideration?
[06:55.320 --> 06:58.120]  No, I did not.
[06:58.120 --> 07:04.560]  Okay, if you file an objection, that should be taken as a motion for reconsideration.
[07:04.560 --> 07:05.560]  Okay, when?
[07:05.560 --> 07:10.880]  In your objection, did you say you made this error, you made this error, you made this error?
[07:10.880 --> 07:11.880]  Absolutely, yeah.
[07:11.880 --> 07:13.280]  I said, hey, I said that.
[07:13.280 --> 07:18.080]  I said this and I cited the document and everything where I said that.
[07:18.080 --> 07:24.840]  Basically, what he did was he read the attorney's response to my motion to disqualify and made
[07:24.840 --> 07:25.840]  a ruling based on that.
[07:25.840 --> 07:27.240]  I don't think he even read my motion.
[07:27.240 --> 07:29.960]  I mean, in fact, I'm sure he didn't.
[07:29.960 --> 07:35.920]  You should send him a request to certify that he read your pleadings.
[07:35.920 --> 07:40.560]  You know, I send that directly to him or does that something I file?
[07:40.560 --> 07:42.560]  Yes, file that in a record.
[07:42.560 --> 07:45.680]  Ask him to certify that he actually read your pleadings.
[07:45.680 --> 07:46.680]  Okay.
[07:46.680 --> 07:54.680]  They probably put this guy in there because he's the one they use to do all their dirty
[07:54.680 --> 07:55.680]  work.
[07:55.680 --> 08:01.680]  Well, he's been sued before for being biased against proceeds.
[08:01.680 --> 08:03.360]  I found at least one.
[08:03.360 --> 08:10.000]  It didn't go anywhere, but the fact that he's already been sued for having a bias against
[08:10.000 --> 08:13.760]  proceeds indicates to me that he probably does.
[08:13.760 --> 08:24.040]  See if you can find that suit and use that suit as grounds to move to disqualify him.
[08:24.040 --> 08:30.320]  You have a right to a fair and honest jurist in the first day, a fair and competent jurist
[08:30.320 --> 08:32.920]  in the first instance.
[08:32.920 --> 08:36.840]  So you're a pro se.
[08:36.840 --> 08:38.600]  You don't have to be a nice guy.
[08:38.600 --> 08:43.060]  Fiala Jiriciconda complained against him, accused him of ruling without reading your
[08:43.060 --> 08:44.060]  pleading.
[08:44.060 --> 08:46.120]  Well, I'm going to ask you something.
[08:46.120 --> 08:50.880]  Either he failed to read your pleading or he's mentally incompetent and was unable to
[08:50.880 --> 08:56.960]  understand the English language.
[08:56.960 --> 09:01.080]  You don't owe this guy anything and you can't imagine he's going to do you any favors.
[09:01.080 --> 09:09.000]  No, I was going to file a motion to disqualify him for bias, incompetence and abuse of judicial
[09:09.000 --> 09:10.000]  discretion.
[09:10.000 --> 09:14.680]  Throw in in mentally, how old is he?
[09:14.680 --> 09:16.160]  I don't know.
[09:16.160 --> 09:19.760]  Based on his order, I'd say probably about 13.
[09:19.760 --> 09:28.720]  Oh, okay, how about then go for middle infirmity?
[09:28.720 --> 09:31.520]  If he gave mad, he's likely to do something really stupid.
[09:31.520 --> 09:34.600]  Yeah, yeah, well, the attorneys are.
[09:34.600 --> 09:41.240]  No, but I was going to file a second motion to disqualify opposing counsel because six
[09:41.240 --> 09:48.760]  days after he responded to my motion, after the attorney responded, he filed a declaration
[09:48.760 --> 09:57.600]  into the case saying that, you know, stating as fact, material that has been contested
[09:57.600 --> 10:03.280]  by me repeatedly throughout the case, you know, sworn under penalty of perjury stuff
[10:03.280 --> 10:05.200]  that's not on the records.
[10:05.200 --> 10:08.080]  There's nothing from the bank on the record.
[10:08.080 --> 10:09.200]  Everything is from the attorneys.
[10:09.200 --> 10:11.800]  They haven't submitted any documents.
[10:11.800 --> 10:13.400]  They haven't submitted an affidavit.
[10:13.400 --> 10:14.840]  They refused to give any witness.
[10:14.840 --> 10:18.000]  Have you filed a motion to strike?
[10:18.000 --> 10:24.000]  Yeah, and I got cautioned that the 10th Circuit just favors motions to strike and that if
[10:24.000 --> 10:30.000]  I file any more, I could get in trouble.
[10:30.000 --> 10:32.440]  Who did that?
[10:32.440 --> 10:36.520]  That was actually the good magistrate that issued that.
[10:36.520 --> 10:44.840]  Okay, do you have an objection to those facts in the record?
[10:44.840 --> 10:46.840]  Yeah, I do.
[10:46.840 --> 10:49.240]  Okay, that's probably good enough.
[10:49.240 --> 10:52.040]  Everything is about setting the record for appeal.
[10:52.040 --> 10:58.280]  Right, right, and I asked, oh, okay, can I ask the court to take judicial notice of
[10:58.280 --> 11:01.720]  a letter that I got from the county clerk?
[11:01.720 --> 11:02.720]  Absolutely.
[11:02.720 --> 11:07.280]  Okay, and I know I can document in the county clerk.
[11:07.280 --> 11:14.040]  You can ask the court to take judicial notice of anything that cannot be controverted.
[11:14.040 --> 11:26.360]  So, if you got a note from the clerk, you can ask him to take judicial notice of it,
[11:26.360 --> 11:27.840]  but it needs to be relevant.
[11:27.840 --> 11:35.440]  I mean, if he takes judicial notice of the fact that the son passes overhead, you know,
[11:35.440 --> 11:36.440]  a big deal.
[11:36.440 --> 11:41.840]  But if the letter from the clerk is germane, then absolutely.
[11:41.840 --> 11:42.840]  Cool.
[11:42.840 --> 11:45.080]  Good deal.
[11:45.080 --> 11:54.280]  Okay, so how do I get at the witnesses for the bank?
[11:54.280 --> 11:56.480]  How do I get to depose anybody?
[11:56.480 --> 12:02.560]  They're refusing to let me depose anybody.
[12:02.560 --> 12:08.000]  Discovery ends April 1st, rapidly running out of time.
[12:08.000 --> 12:12.360]  I don't think that depositions are really necessary for my case, but they wouldn't hurt
[12:12.360 --> 12:13.880]  it at all.
[12:13.880 --> 12:27.960]  Well, if you've requested, okay, do you have the names of the executives of the bank?
[12:27.960 --> 12:36.680]  I don't have any names of anybody except for, well, I've got two letters from the bank.
[12:36.680 --> 12:39.600]  People that are out.
[12:39.600 --> 12:42.040]  Did anybody sign them?
[12:42.040 --> 12:43.040]  They're stamped.
[12:43.040 --> 12:44.040]  Okay.
[12:44.040 --> 12:48.400]  They've got a stamp signature on a digital signature.
[12:48.400 --> 12:59.080]  Get the, call the bank and tell them that your daughter is doing a report in high school
[12:59.080 --> 13:09.920]  on executives, on influential executives, and she wants to do one on the president of
[13:09.920 --> 13:17.040]  the bank or somebody in the bank there that you hear wherever you want to get to.
[13:17.040 --> 13:20.120]  Get some names and throw them in there.
[13:20.120 --> 13:25.840]  Okay, but then how do I go about, you know, I sent you, I forwarded you the email from
[13:25.840 --> 13:30.760]  the attorney saying that I wasn't doing anything right, and you said, yeah, you're right, you're
[13:30.760 --> 13:37.120]  not doing it right, so what do I need to do to depose them?
[13:37.120 --> 13:43.880]  Oh, you just, you need to tell them what kind of, do you know, you need names, you need,
[13:43.880 --> 13:46.240]  you need, or positions.
[13:46.240 --> 13:52.240]  I've got the names of the people from the foreclosure mill, and their attorney is stating
[13:52.240 --> 13:58.520]  that I cannot depose them because he won't be available.
[13:58.520 --> 14:07.200]  There's two attorneys of record for that law firm and the case, and that's who you've
[14:07.200 --> 14:10.680]  asked to depose.
[14:10.680 --> 14:11.680]  What's that?
[14:11.680 --> 14:14.160]  And that's who you've tried to depose?
[14:14.160 --> 14:23.880]  No, the law firm that's representing the law firm has two attorneys on record, and the
[14:23.880 --> 14:29.920]  lead attorney says that I cannot depose the people from the foreclosure mill because he
[14:29.920 --> 14:33.960]  won't be available.
[14:33.960 --> 14:34.960]  Too bad.
[14:34.960 --> 14:35.960]  Yeah.
[14:35.960 --> 14:37.280]  So should I?
[14:37.280 --> 14:42.560]  Petition the court to order, petition the court for a subpoena.
[14:42.560 --> 14:43.560]  Okay.
[14:43.560 --> 14:51.680]  And then if he doesn't give you the subpoena, then that's grounds for appeal.
[14:51.680 --> 14:59.400]  Okay, and then I've also asked both the both defendants for a 60 day extension of discovery.
[14:59.400 --> 15:04.320]  They're both refusing, so I just go ahead and request that from the court too, right?
[15:04.320 --> 15:05.320]  Absolutely.
[15:05.320 --> 15:06.320]  Okay.
[15:06.320 --> 15:07.320]  Good.
[15:07.320 --> 15:14.680]  You might ask, you might ask for sanctions against them for failing to provide discovery.
[15:14.680 --> 15:15.680]  Right.
[15:15.680 --> 15:21.160]  And they, you know, they get in a motion to disqualify this magistrate right away.
[15:21.160 --> 15:22.160]  Yeah.
[15:22.160 --> 15:25.760]  I'll do that today, tonight.
[15:25.760 --> 15:26.760]  Okay.
[15:26.760 --> 15:32.160]  Well, I found an attorney that might be willing to take this on.
[15:32.160 --> 15:38.760]  He may also be willing to take on the petition for declaratory judgment, and he may be interested
[15:38.760 --> 15:44.600]  in putting together a class action suit to go after these creeps for all of the foreclosures
[15:44.600 --> 15:49.240]  they've done based on improper assignments in the county records.
[15:49.240 --> 15:50.240]  Wonderful.
[15:50.240 --> 15:55.240]  If I want to give him to talk to me, I may be able to give him some good information.
[15:55.240 --> 15:56.240]  Okay.
[15:56.240 --> 15:57.240]  I will do that.
[15:57.240 --> 16:06.120]  You know, I contacted the lender again, the alleged lender, have a letter from one of their
[16:06.120 --> 16:10.360]  representatives who unfortunately no longer works there.
[16:10.360 --> 16:14.600]  I've been emailing her back and forth, and she sent me a letter stating basically what
[16:14.600 --> 16:20.560]  her understanding of the disposition of this loan was, which is that it was, it had left
[16:20.560 --> 16:26.120]  the lender a year and a half before the assignment of mortgage directly from the lender to Bank
[16:26.120 --> 16:29.640]  of America.
[16:29.640 --> 16:31.640]  She's no longer there.
[16:31.640 --> 16:35.520]  I had sent her, did you have the music?
[16:35.520 --> 16:37.840]  Will she act as a witness?
[16:37.840 --> 16:38.840]  She's gone.
[16:38.840 --> 16:40.840]  I'll have to try and find her.
[16:40.840 --> 16:41.840]  Okay.
[16:41.840 --> 16:42.840]  Hang on.
[16:42.840 --> 16:52.080]  This is Randy Kelton, Deborah Stevens, Eddie Craig, Ruelvo Radio, a call-in number, 512-646-1984.
[16:52.080 --> 17:21.920]  He'll be right back on the other side.
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[17:53.840 --> 17:54.840]  So what do you say, Elvis?
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[18:48.800 --> 18:58.480]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt collectors
[18:58.480 --> 19:28.080]  net.
[19:28.480 --> 19:38.480]  Tell him your problem, then call on his name once again, he will call you when you are
[19:38.480 --> 19:39.480]  staying.
[19:39.480 --> 19:50.480]  Tell him your problem, then call on his name once again, he will call you when you are
[19:50.480 --> 19:51.480]  staying.
[19:51.480 --> 20:07.480]  Tell him your problem, then call on his name once again, he will call you when you are
[20:07.480 --> 20:08.480]  staying.
[20:08.480 --> 20:28.480]  Tell him your problem, then call on his name once again, he will call you when you are
[20:28.480 --> 20:29.480]  staying.
[20:29.480 --> 20:45.480]  Tell him your problem, then call on his name once again, he will call you when you are
[20:45.480 --> 20:46.480]  staying.
[20:46.480 --> 20:55.480]  Tell him your problem, then call on his name once again, he will call you when you are
[20:55.480 --> 20:56.480]  staying.
[20:56.480 --> 21:12.480]  Tell him your problem, then call on his name once again, he will call you when you are
[21:12.480 --> 21:13.480]  staying.
[21:13.480 --> 21:22.480]  Tell him your problem, then call on his name once again, he will call you when you are
[21:22.480 --> 21:23.480]  staying.
[21:23.480 --> 21:38.480]  Tell him your problem, then call on his name once again, he will call you when you are
[21:38.480 --> 21:39.480]  staying.
[21:39.480 --> 21:48.480]  Tell him your problem, then call on his name once again, he will call you when you are
[21:48.480 --> 21:49.480]  staying.
[21:49.480 --> 21:59.480]  Tell him your problem, then call on his name once again, he will call you when you are
[21:59.480 --> 22:00.480]  staying.
[22:00.480 --> 22:10.480]  Tell him your problem, then call on his name once again, he will call you when you are
[22:10.480 --> 22:11.480]  staying.
[22:11.480 --> 22:15.480]  loan and it is paid in full, I'd like the original documents back.
[22:15.480 --> 22:19.480]  Yeah, that's a requirement.
[22:19.480 --> 22:22.480]  New Mexico, a judicial state?
[22:22.480 --> 22:24.480]  Yes, sir.
[22:24.480 --> 22:27.480]  Okay, then I'm not sure in a mortgage where this is.
[22:27.480 --> 22:35.480]  In a deed of trust, it will be Covenant 19.
[22:35.480 --> 22:51.480]  This one says that if the note is paid off, that the trustee has to return the original documents to the borrower.
[22:51.480 --> 22:56.480]  So if you can show that it, evidence that it was paid off, look in your mortgage.
[22:56.480 --> 23:01.480]  There should be a requirement for that in there.
[23:01.480 --> 23:07.480]  I don't know exactly where it'll be in yours, but look in there and see if it's there.
[23:07.480 --> 23:11.480]  You can make the claim under contract.
[23:11.480 --> 23:16.480]  Paragraph 19, release upon payment of all sums secured by this security instrument.
[23:16.480 --> 23:18.480]  Lender shall release this security instrument.
[23:18.480 --> 23:21.480]  It says borrower shall repay at any recordation cost.
[23:21.480 --> 23:27.480]  Lender may charge borrower a fee for releasing this security instrument,
[23:27.480 --> 23:34.480]  only if the fee is paid to a third party for services rendered.
[23:34.480 --> 23:36.480]  That's pretty clear.
[23:36.480 --> 23:39.480]  Yeah, and the state law says the same thing.
[23:39.480 --> 23:45.480]  In fact, that's one of the documents I just had judicial notice taken of.
[23:45.480 --> 23:49.480]  Okay, so you have that issue already in your case?
[23:49.480 --> 23:56.480]  Yeah, and I also had him take judicial notice of the statute requiring a power of attorney and county records.
[23:56.480 --> 24:04.480]  Jay sent in the judicial notice of admissions that already got rejected because I messed it up the first time,
[24:04.480 --> 24:09.480]  but this time I did it right, and they admit that they do not have a power of attorney.
[24:09.480 --> 24:14.480]  They said with respect to the present action, but they don't have one at all,
[24:14.480 --> 24:20.480]  and that's the letter from the county clerk says.
[24:20.480 --> 24:33.480]  So, but the conversation with the alleged lender got really interesting because they can't find any record of my loan.
[24:33.480 --> 24:38.480]  Wait, no record at all of your loan?
[24:38.480 --> 24:41.480]  They have nothing with my name.
[24:41.480 --> 24:43.480]  They have nothing with the loan number.
[24:43.480 --> 24:45.480]  They have nothing with the property address.
[24:45.480 --> 24:50.480]  Did you send that in the form of discovery?
[24:50.480 --> 24:56.480]  No, that was just a phone conversation yesterday that I recorded.
[24:56.480 --> 24:58.480]  I'm supposed to send it.
[24:58.480 --> 25:00.480]  Send discovery to him.
[25:00.480 --> 25:02.480]  Okay.
[25:02.480 --> 25:04.480]  I didn't tell him the record or anything.
[25:04.480 --> 25:09.480]  I was just playing stupid and being like, hey, what does all this mean?
[25:09.480 --> 25:13.480]  Yeah, did you record that?
[25:13.480 --> 25:15.480]  Good, good, good, good, good, good man.
[25:15.480 --> 25:16.480]  Yeah.
[25:16.480 --> 25:17.480]  Okay.
[25:17.480 --> 25:18.480]  It's real hard to...
[25:18.480 --> 25:20.480]  Send that in the form of discovery.
[25:20.480 --> 25:21.480]  Okay.
[25:21.480 --> 25:24.480]  And now you'll have something you can bring into court.
[25:24.480 --> 25:33.480]  Yeah, now inside the foreclosure record that I got from the bank on their initial disclosures,
[25:33.480 --> 25:42.480]  it talks about when the property is sold to give the deed to GNMA.
[25:42.480 --> 25:45.480]  What does that mean?
[25:45.480 --> 25:47.480]  M-M-A.
[25:47.480 --> 25:51.480]  G-N-M-A.
[25:51.480 --> 25:55.480]  Is that GNMA?
[25:55.480 --> 25:57.480]  Oh, yeah, yeah.
[25:57.480 --> 25:59.480]  Wait, G-I-N...
[25:59.480 --> 26:01.480]  Say that again.
[26:01.480 --> 26:13.480]  G, like George, N, like Nancy, M, like Mexico, A, like out in Turkey.
[26:13.480 --> 26:14.480]  I don't know.
[26:14.480 --> 26:16.480]  Is that defined anywhere in the document?
[26:16.480 --> 26:25.480]  No, no, it's just a list of communications, you know, such and such date this action was done,
[26:25.480 --> 26:27.480]  such and such date this action was done.
[26:27.480 --> 26:28.480]  Oh, okay.
[26:28.480 --> 26:34.480]  Then you can ask for stipulation as to the meaning of that.
[26:34.480 --> 26:37.480]  It's probably not a good idea to guess.
[26:37.480 --> 26:38.480]  Right.
[26:38.480 --> 26:40.480]  Because it may be something totally different.
[26:40.480 --> 26:42.480]  I hate acronyms.
[26:42.480 --> 26:44.480]  Yeah.
[26:44.480 --> 26:51.480]  Now, on the credit report that the fraud closure mill pulled, they gave me a copy of that.
[26:51.480 --> 26:58.480]  And, you know, they said that they pulled my credit to get my address for service in the foreclosure case.
[26:58.480 --> 27:00.480]  But they don't have my address circled.
[27:00.480 --> 27:09.480]  What they have is the alleged account with Bank of America circled, and it says, this is ours.
[27:09.480 --> 27:12.480]  Does that sound like they were fishing?
[27:12.480 --> 27:16.480]  That sounds like they were fishing, and that sounds like improper purpose.
[27:16.480 --> 27:18.480]  And I think that's a felony.
[27:18.480 --> 27:19.480]  Yeah.
[27:19.480 --> 27:33.480]  And the other thing that we have here in the banks records is that it says it was electronically referred to the law firm.
[27:33.480 --> 27:38.480]  Is that normal and proper?
[27:38.480 --> 27:42.480]  I have no idea.
[27:42.480 --> 27:48.480]  I've never heard of that before, but I wouldn't think it would make any difference how it was referred.
[27:48.480 --> 27:49.480]  Yeah.
[27:49.480 --> 27:51.480]  To the law firm.
[27:51.480 --> 27:59.480]  I wish I had an army of people to dig through this 306 pages of stuff that they sent me, because there's some really interesting things in here.
[27:59.480 --> 28:14.480]  Right now, I'm looking at page 166, and this is page one of two commitment confirmation letter, the countrywide.
[28:14.480 --> 28:24.480]  It's dated January 28, 2008, and it has my name on it and my property address.
[28:24.480 --> 28:30.480]  And then there's a seller loan number that's crossed out.
[28:30.480 --> 28:41.480]  And handwritten is the number of the loan on the note and mortgage.
[28:41.480 --> 28:46.480]  Can you decipher what was redacted?
[28:46.480 --> 29:00.480]  It looks like it says 343218, and mine was 341586.
[29:00.480 --> 29:04.480]  Do you have a scanner?
[29:04.480 --> 29:07.480]  No, but I'm sure I can find one somewhere.
[29:07.480 --> 29:14.480]  Actually, I find one, scan it deep, like six or 900 DPI if you can.
[29:14.480 --> 29:20.480]  As an image and then send it to me, I'll photoshop it and see what I can pull out of it.
[29:20.480 --> 29:22.480]  Okay.
[29:22.480 --> 29:27.480]  You'll be surprised what you can do in Photoshop.
[29:27.480 --> 29:36.480]  Yeah, what I'm wondering is, there was another MERS assignment done the same day as mine by the same attorney.
[29:36.480 --> 29:39.480]  I'm wondering if there's that loan number.
[29:39.480 --> 29:42.480]  Okay, hold on, let's pick that up on the other side.
[29:42.480 --> 29:47.480]  This is Randy Kelton, Deborah Stevens, Eddie Craig, we'll go to our radio.
[29:47.480 --> 29:51.480]  Our call-in number, 512-646-1984.
[29:51.480 --> 29:52.480]  Give us a call.
[29:52.480 --> 29:59.480]  We'll be right back on the other side.
[29:59.480 --> 30:02.480]  It's summer in 2017, and it's hot.
[30:02.480 --> 30:06.480]  But when you go to turn on your AC, you find you no longer can.
[30:06.480 --> 30:10.480]  I'm Dr. Catherine Albrecht, and I'll tell you about the coming smart grid in just a moment.
[30:10.480 --> 30:18.480]  Your search engine is watching you, recording all your searches, and creating a massive database of your personal information.
[30:18.480 --> 30:19.480]  That's creepy.
[30:19.480 --> 30:21.480]  But it doesn't have to be that way.
[30:21.480 --> 30:24.480]  StartPage.com is the world's most private search engine.
[30:24.480 --> 30:31.480]  StartPage doesn't store your IP address, make a record of your searches, or use tracking cookies, and their third party certified.
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[30:38.480 --> 30:41.480]  StartPage.com, the world's most private search engine.
[30:41.480 --> 30:45.480]  You've probably heard of smart cars, but have you heard of the smart grid?
[30:45.480 --> 30:49.480]  Stimulus money is being used to fund smart electric meters across the country.
[30:49.480 --> 30:52.480]  Chances are there's already one on the side of your house.
[30:52.480 --> 30:57.480]  Smart meters allow for two-way communication between your home's electric system and the power company.
[30:57.480 --> 31:02.480]  But monitoring your energy consumption today could turn into rationing tomorrow.
[31:02.480 --> 31:08.480]  Already, power companies are running trials where they remotely turn off people's air conditioners during peak hours.
[31:08.480 --> 31:13.480]  Eventually, the smart grid will monitor every time you use the toaster or run the dryer.
[31:13.480 --> 31:16.480]  It'll know when you're home or when you use the guest room.
[31:16.480 --> 31:18.480]  It's all micromanagement, and it's the future.
[31:18.480 --> 31:20.480]  Unless we say no.
[31:20.480 --> 31:21.480]  I'm Dr. Catherine Albrecht.
[31:21.480 --> 31:28.480]  More news and information at CatherineAlbrecht.com
[31:52.480 --> 31:54.480]  I'm a father who lost his son.
[31:54.480 --> 31:57.480]  We're Americans, and we deserve the truth.
[31:57.480 --> 32:00.480]  Go to RememberBuilding7.org today.
[32:00.480 --> 32:03.480]  It is so enlightening to listen to 90.1 FM,
[32:03.480 --> 32:06.480]  but finding things on the Internet isn't so easy,
[32:06.480 --> 32:09.480]  and neither is finding like-minded people to share it with.
[32:09.480 --> 32:12.480]  Oh, well, I guess you haven't heard of Brave New Books, then.
[32:12.480 --> 32:13.480]  Brave New Books?
[32:13.480 --> 32:14.480]  Yes.
[32:14.480 --> 32:18.480]  Brave New Books has all the books and DVDs you're looking for by authors like Alex Jones,
[32:18.480 --> 32:22.480]  Ron Paul, Angie Edward Griffin. They even stock enter food, Berkey products,
[32:22.480 --> 32:24.480]  and Calvin Soaps.
[32:24.480 --> 32:26.480]  There's no way a place like that exists.
[32:26.480 --> 32:28.480]  Go check it out for yourself.
[32:28.480 --> 32:32.480]  It's downtown in 1904 Guadalupe Street, just south of UT.
[32:32.480 --> 32:35.480]  Oh, by UT? There's never anywhere to park down there.
[32:35.480 --> 32:39.480]  Actually, they now offer a free hour of parking for paying customers
[32:39.480 --> 32:43.480]  at the 500 MLK parking facility just behind the bookstore.
[32:43.480 --> 32:47.480]  It does exist, but when are they open?
[32:47.480 --> 32:52.480]  Monday through Saturday, 11 a.m. to 9 p.m., and 1 to 6 p.m. on Sundays.
[32:52.480 --> 32:56.480]  So give them a call at 512-480-2503,
[32:56.480 --> 33:18.480]  or visit the service page at bravenewbookstore.com.
[33:26.480 --> 33:48.480]  Okay, we are back.
[33:48.480 --> 33:52.480]  Randy Kelton, Deborah Stevens, Rue Lauderdale Radio,
[33:52.480 --> 33:58.480]  and we're talking to our very special guest, Winston Wallace,
[33:58.480 --> 34:05.480]  and we're talking to Rob in Minnesota, Rob in New Mexico.
[34:05.480 --> 34:09.480]  Actually, I'm in Texas.
[34:09.480 --> 34:12.480]  Rob in Texas at the moment.
[34:12.480 --> 34:17.480]  We've got a notice of assignment sale or transfer of servicing rights,
[34:17.480 --> 34:19.480]  which I assume is something that should have been sent to me.
[34:19.480 --> 34:25.480]  I don't recall ever getting this saying the new servicer will be countrywide,
[34:25.480 --> 34:30.480]  but there's no dates on it.
[34:30.480 --> 34:33.480]  Yeah, they are required to send that to you,
[34:33.480 --> 34:35.480]  and it is a...
[34:35.480 --> 34:38.480]  How long ago was that?
[34:38.480 --> 34:40.480]  Oh, there's no dates.
[34:40.480 --> 34:42.480]  Yeah, no dates.
[34:42.480 --> 34:50.480]  Do you know that... have you ever paid the new servicer?
[34:50.480 --> 34:56.480]  No, I don't think so.
[34:56.480 --> 34:58.480]  Well, that's interesting.
[34:58.480 --> 34:59.480]  That makes it interesting.
[34:59.480 --> 35:01.480]  How would we make a claim?
[35:01.480 --> 35:04.480]  Because you've got a year, depending on which one it is,
[35:04.480 --> 35:12.480]  one, two, or three years under FDCPA and Fair Debt Collections Practices Act and Truth and Lending Act.
[35:12.480 --> 35:14.480]  Yeah, we're way outside of those.
[35:14.480 --> 35:18.480]  We'd only be able to go with the contractual violation.
[35:18.480 --> 35:19.480]  Okay, then...
[35:19.480 --> 35:21.480]  I've had them in...
[35:21.480 --> 35:25.480]  It should be Covenant 14.
[35:25.480 --> 35:32.480]  There's a serviceability clause where it requires them to abide by all law.
[35:32.480 --> 35:37.480]  What is the primary nature of your claim at the moment?
[35:37.480 --> 35:44.480]  At the moment, we are only FDCPA, SCRA, and TCPA.
[35:44.480 --> 35:49.480]  I have an amended pending adding longfall foreclosure and conversion,
[35:49.480 --> 35:51.480]  but that hasn't been ruled on yet.
[35:51.480 --> 35:53.480]  The bank opposed it for...
[35:53.480 --> 36:03.480]  Okay, he's still there?
[36:03.480 --> 36:06.480]  Yeah, you're making too much noise without Randy.
[36:06.480 --> 36:09.480]  Yeah, sorry about that.
[36:09.480 --> 36:12.480]  It's one of these redneck truck drivers.
[36:12.480 --> 36:14.480]  You know how they are.
[36:14.480 --> 36:17.480]  Oh, you're a redneck truck driver?
[36:17.480 --> 36:25.480]  I think you can go from under a bridge next to a rail yard in a high crime area.
[36:25.480 --> 36:29.480]  Okay, go back to where you were.
[36:29.480 --> 36:32.480]  We were talking about this servicing note.
[36:32.480 --> 36:34.480]  It doesn't have any date.
[36:34.480 --> 36:36.480]  No, your second...
[36:36.480 --> 36:39.480]  Your pending amended pleading.
[36:39.480 --> 36:46.480]  Yeah, yeah, with the longfall foreclosure and conversion added in and additional defendants.
[36:46.480 --> 36:51.480]  The law firm didn't oppose that, but the bank did,
[36:51.480 --> 36:55.480]  which I found interesting because the law firm wouldn't be,
[36:55.480 --> 37:00.480]  but it would be a lot more affected by it than the bank would.
[37:00.480 --> 37:03.480]  The layout is specifically three people from the law firm,
[37:03.480 --> 37:08.480]  and since they're the ones that took the legal action and made the false assignments,
[37:08.480 --> 37:17.480]  anyway, how did the bank have standing to oppose your including other parties?
[37:17.480 --> 37:18.480]  Well, at this point...
[37:18.480 --> 37:22.480]  Or these claims were against the bank for foreclosure?
[37:22.480 --> 37:27.480]  Yeah, they're against both of them, the bank and the foreclosure bill.
[37:27.480 --> 37:33.480]  So they're going to be saying you should have made those claims to start with.
[37:33.480 --> 37:35.480]  You're in the state court of the Fed.
[37:35.480 --> 37:40.480]  It's in federal, and it's based on information I received from documents that they submitted.
[37:40.480 --> 37:44.480]  I was never notified of the foreclosure.
[37:44.480 --> 37:47.480]  You know, I was looking at the properties in New Mexico.
[37:47.480 --> 37:49.480]  I never received any notices.
[37:49.480 --> 37:51.480]  Apparently, I was served.
[37:51.480 --> 37:54.480]  I guess I have to admit that.
[37:54.480 --> 37:57.480]  They have the wrong address on the affidavit of service,
[37:57.480 --> 38:01.480]  and they got a no answer default against me because I didn't know any of this stuff
[38:01.480 --> 38:06.480]  and didn't know what to do, and it was in New Mexico.
[38:06.480 --> 38:07.480]  So you have...
[38:07.480 --> 38:15.480]  Okay, I take it you filed to strike the no answer default.
[38:15.480 --> 38:18.480]  I have not yet.
[38:18.480 --> 38:20.480]  Ooh, you absolutely need to do that.
[38:20.480 --> 38:23.480]  That will almost always get overturned.
[38:23.480 --> 38:26.480]  Okay, even by a brochure?
[38:26.480 --> 38:27.480]  Oh, yeah.
[38:27.480 --> 38:28.480]  Okay.
[38:28.480 --> 38:33.480]  The one thing they don't like is trial by absenteeism.
[38:33.480 --> 38:35.480]  Uh-huh.
[38:35.480 --> 38:39.480]  70% of all no answer defaults get overturned.
[38:39.480 --> 38:41.480]  Okay.
[38:41.480 --> 38:44.480]  And that's the one thing even a procé will get.
[38:44.480 --> 38:48.480]  Yeah, and New Mexico has really, really good case law on that.
[38:48.480 --> 38:56.480]  I have about three pages of case law on overturning void judgments.
[38:56.480 --> 38:59.480]  You might file that in the state.
[38:59.480 --> 39:01.480]  Uh-huh.
[39:01.480 --> 39:04.480]  Do you have a state action going?
[39:04.480 --> 39:05.480]  No, not yet.
[39:05.480 --> 39:08.480]  That's one of the things I've been talking to these attorneys about.
[39:08.480 --> 39:11.480]  Okay, because that might go to a state action.
[39:11.480 --> 39:14.480]  A week and a half ago, and he's been in a trial all week,
[39:14.480 --> 39:18.480]  so I've been texting his wife back and forth.
[39:18.480 --> 39:24.480]  She's also his secretary, I guess.
[39:24.480 --> 39:26.480]  He seems to be pretty good.
[39:26.480 --> 39:31.480]  Our friend has the Down syndrome that they were harassing.
[39:31.480 --> 39:35.480]  This attorney got that thrown out.
[39:35.480 --> 39:37.480]  Oh, wonderful.
[39:37.480 --> 39:41.480]  Yeah, you know, we like him already.
[39:41.480 --> 39:43.480]  He's a real bulldog.
[39:43.480 --> 39:47.480]  He's not one of these neutered lap dogs like all the other people I've been talking to.
[39:47.480 --> 39:52.480]  But good, he won't keep his bar card long, then they'll take care of him.
[39:52.480 --> 39:58.480]  Yeah, but honest attorney, they can't handle that.
[39:58.480 --> 40:05.480]  If we do this class action for all the foreclosures based on improperly filed documents in the county records,
[40:05.480 --> 40:06.480]  he'll be set.
[40:06.480 --> 40:09.480]  He won't need to be an attorney anymore.
[40:09.480 --> 40:17.480]  Is he going for a quietam action to recover the fees they didn't pay?
[40:17.480 --> 40:19.480]  We don't even know yet.
[40:19.480 --> 40:24.480]  I'm going to be able to talk to them personally for the first time on Monday.
[40:24.480 --> 40:30.480]  I said he's been in trial all week and I just found him a week and a half ago.
[40:30.480 --> 40:36.480]  You might consider looking at due process violations.
[40:36.480 --> 40:38.480]  Because that's criminal.
[40:38.480 --> 40:39.480]  Yeah.
[40:39.480 --> 40:46.480]  Make the criminal accusation and sue for due process violations.
[40:46.480 --> 40:53.480]  I probably hadn't thought of that when they generally don't go for the criminal side, but
[40:53.480 --> 41:04.480]  if New Mexico law is like Texas law, Texas law does not mandate that you file anything.
[41:04.480 --> 41:08.480]  It creates consequences if you don't file.
[41:08.480 --> 41:13.480]  If you don't file, you don't have a claim, but you're not required to file.
[41:13.480 --> 41:21.480]  The Dallas County District Attorney sued MERS to recover all the fees they didn't pay and
[41:21.480 --> 41:26.800]  MERS moved to have it dismissed for being frivolous because they didn't have to make
[41:26.800 --> 41:28.480]  these filings and they were right.
[41:28.480 --> 41:31.480]  They didn't have to make these filings.
[41:31.480 --> 41:35.720]  But even in their own brief, they said that if they don't make these filings, they may
[41:35.720 --> 41:38.480]  not have a perfected claim.
[41:38.480 --> 41:39.480]  Yes.
[41:39.480 --> 41:43.480]  And when I read it, I said, yeah, that's what I read.
[41:43.480 --> 41:49.480]  So you see what the situation is in New Mexico.
[41:49.480 --> 41:54.480]  If they're not required to file, then that's not a claim you have.
[41:54.480 --> 41:55.480]  Yes.
[41:55.480 --> 41:58.480]  That's the same thing here.
[41:58.480 --> 42:07.480]  The date of filing is the date of effectiveness and that an improperly filed or a failure to
[42:07.480 --> 42:14.480]  effect successive parties, but there is no specific requirement to file.
[42:14.480 --> 42:15.480]  Okay.
[42:15.480 --> 42:16.480]  Good.
[42:16.480 --> 42:18.480]  So they just won't have a claim.
[42:18.480 --> 42:24.480]  And if they've subsequently filed documents that are improper, you might tell this lawyer,
[42:24.480 --> 42:29.480]  if he's going to go after this issue, first thing he needs to have all his clients do
[42:29.480 --> 42:39.980]  is pull out all the notaries, send them all a request for evidence of authentication.
[42:39.980 --> 42:44.480]  Not for the ledger because sometimes they have a ledger, you know, Texas has a ledger.
[42:44.480 --> 42:47.480]  I don't think New Mexico requires one.
[42:47.480 --> 42:48.480]  No.
[42:48.480 --> 42:58.800]  New Mexico, Ohio, Minnesota, one notary told somebody that Florida didn't require one and
[42:58.800 --> 43:01.680]  that was a lie they did.
[43:01.680 --> 43:13.080]  But ask for that evidence of the authentication, then ask for power of attorney for any signatory
[43:13.080 --> 43:15.560]  to sign for the company they signed for.
[43:15.560 --> 43:18.280]  We've never got a positive response to one of those.
[43:18.280 --> 43:19.280]  Yeah.
[43:19.280 --> 43:27.480]  Well, one of the things I just asked for in discovery was proof of agency for the attorney
[43:27.480 --> 43:28.960]  representing the bank.
[43:28.960 --> 43:32.000]  I want to see what they come up with on that.
[43:32.000 --> 43:34.360]  Yeah, that'll be interesting.
[43:34.360 --> 43:35.360]  Okay.
[43:35.360 --> 43:36.360]  Hang on.
[43:36.360 --> 43:44.680]  This is Randy Kelton, Deborah Stevens, Ruevlar Radio, our call-in number, 512-646-1984.
[43:44.680 --> 43:45.680]  Give us a call.
[43:45.680 --> 43:51.560]  We're approaching our last hour, student report, builds up a little bit, so give us a call,
[43:51.560 --> 43:52.560]  get in line.
[43:52.560 --> 43:59.680]  We'll be right back.
[43:59.680 --> 44:04.640]  It is so enlightening to listen to 90.1 FM, but finding things on the Internet isn't so
[44:04.640 --> 44:08.240]  easy and neither is finding like-minded people to share it with.
[44:08.240 --> 44:11.480]  Oh, well, I guess you haven't heard of Brave New Books then.
[44:11.480 --> 44:12.480]  Brave New Books?
[44:12.480 --> 44:13.480]  Yes.
[44:13.480 --> 44:17.680]  Brave New Books has all the books and DVDs you're looking for by authors like Alex Jones,
[44:17.680 --> 44:22.960]  Ron Paul, Angie Ebert Griffin, they even stock inner food, Berkey products, and Calvin Soapes.
[44:22.960 --> 44:25.960]  There's no way a place like that exists.
[44:25.960 --> 44:27.400]  Go check it out for yourself.
[44:27.400 --> 44:31.800]  It's downtown at 1904 Guadalupe Street, just south of UT.
[44:31.800 --> 44:32.800]  By UT?
[44:32.800 --> 44:35.040]  There's never anywhere to park down there.
[44:35.040 --> 44:40.440]  Actually, they now offer a free hour of parking for paying customers at the 500 MLK parking
[44:40.440 --> 44:43.440]  facility just behind the bookstore.
[44:43.440 --> 44:46.400]  It does exist, but when are they open?
[44:46.400 --> 44:51.160]  Monday through Saturday, 11 a.m. to 9 p.m. and 1 to 6 p.m. on Sundays.
[44:51.160 --> 44:57.760]  So give them a call at 512-480-2503 or check out their events page at bravenewbookstore.com.
[44:57.760 --> 45:03.440]  Are you the plaintiff or defendant in a lawsuit?
[45:03.440 --> 45:10.240]  Win your case without an attorney with Jurisdictionary, the affordable, easy-to-understand 4-CD course
[45:10.240 --> 45:14.040]  that will show you how in 24 hours, death by step.
[45:14.040 --> 45:18.080]  If you have a lawyer, know what your lawyer should be doing.
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[45:22.040 --> 45:27.160]  Thousands have won with our step-by-step course, and now you can too.
[45:27.160 --> 45:33.760]  Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience.
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[45:38.280 --> 45:42.680]  the principles and practices that control our American courts.
[45:42.680 --> 45:48.800]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases,
[45:48.800 --> 45:51.480]  prosay tactics, and much more.
[45:51.480 --> 45:55.600]  Please visit ruleoflawradio.com and click on the banner.
[45:55.600 --> 46:22.600]  Or call toll-free 866-LAW-E-Z.
[46:22.600 --> 46:31.200]  Okay, we are back.
[46:31.200 --> 46:38.600]  Randy Kelton, Deborah Stevens, rule of our radio with Winston Wallace, and we're talking
[46:38.600 --> 46:41.400]  to Rob in New Mexico.
[46:41.400 --> 46:46.120]  Okay, Rob, we really need to move along.
[46:46.120 --> 46:51.240]  We have a subject that I've been wanting to get to all night.
[46:51.240 --> 46:53.640]  Do you have anything else for us?
[46:53.640 --> 47:01.680]  No, just that I'm going to be sending off the request for notary verification tomorrow,
[47:01.680 --> 47:05.320]  and that's going to not come back to you.
[47:05.320 --> 47:08.840]  Yeah, okay.
[47:08.840 --> 47:13.760]  Have your lawyer look at this, evaluate this analysis page?
[47:13.760 --> 47:15.000]  Mm-hmm.
[47:15.000 --> 47:19.880]  He might find some interesting tools that he can use.
[47:19.880 --> 47:24.360]  Yeah, by the way, I really like that, except for that it moves backwards and my mouse keeps
[47:24.360 --> 47:26.360]  sticking on it.
[47:26.360 --> 47:33.720]  Oh, we'll put some mouse grease on it, just spit on the mouse.
[47:33.720 --> 47:36.040]  I've been working on it.
[47:36.040 --> 47:40.200]  It's a flash object, and I'm having some issues with flash.
[47:40.200 --> 47:45.400]  We tried to load it as an applet, but I had even more issues with the applet.
[47:45.400 --> 47:53.560]  And I've redone it, reworked it, so I've taken out a lot of the formatting, and that's sped
[47:53.560 --> 47:57.680]  it up quite a bit, so it's moving a lot better now.
[47:57.680 --> 48:02.360]  And I found a way to add in notations, which are very helpful.
[48:02.360 --> 48:09.480]  And tell your lawyer if he sees anything that seems disparaging to lawyers, why, we were
[48:09.480 --> 48:11.480]  just joking.
[48:11.480 --> 48:17.320]  No, no, yeah, I'll definitely try to run that by him, I'm hoping I get a chance to meet
[48:17.320 --> 48:22.320]  up with an in person next week, I'm going to be going home for Easter.
[48:22.320 --> 48:27.480]  So yeah, we'll see if we can get that done.
[48:27.480 --> 48:34.680]  Yeah, this is good, so I'll let you go, I'm going to get working on some stuff.
[48:34.680 --> 48:37.800]  Okay, and watch out for those diesel fumes.
[48:37.800 --> 48:39.960]  Yeah, yeah.
[48:39.960 --> 48:42.280]  You know they call this cause deadheading.
[48:42.280 --> 48:44.840]  10-4, good buddy.
[48:44.840 --> 48:48.600]  Okay, thank you, Rob.
[48:48.600 --> 48:55.680]  Okay, now we have talked about this on the break, Winston and I, and we kind of wanted
[48:55.680 --> 49:07.560]  to strategize about how to use the modification fraud, the way we use everything else here
[49:07.560 --> 49:16.200]  at Blueflower Radio, you know, when you file criminal charges against a public official,
[49:16.200 --> 49:21.400]  they ignore all the law to do whatever they want to.
[49:21.400 --> 49:25.200]  And we developed a set of techniques.
[49:25.200 --> 49:33.520]  And for Sonny and Georgia, I'll go through that rather quickly, it's actually very simple.
[49:33.520 --> 49:40.960]  Because I like to, if I'm going after a jurisdiction, I like to get an official to do something
[49:40.960 --> 49:45.880]  really, really minor and some low-level official.
[49:45.880 --> 49:51.400]  The last one I went after, and I'm still in the process, is Parker County.
[49:51.400 --> 49:57.560]  I went to Parker County and I looked in the county record of this guy's case and I found
[49:57.560 --> 50:03.880]  a writ of habeas corpus, but I didn't find evidence of a return on the writ.
[50:03.880 --> 50:10.280]  In a writ of habeas corpus, everything stands down before the writ.
[50:10.280 --> 50:15.960]  Not only does everything in this case stand down before the writ, but in every case stands
[50:15.960 --> 50:17.680]  down before the writ.
[50:17.680 --> 50:23.120]  There's no evidence the judge ever heard it, but he's held hearings subsequently.
[50:23.120 --> 50:30.360]  So I considered that criminal, went to the prosecuting attorney and wanted them to arrest
[50:30.360 --> 50:33.520]  the judge for not hearing the writ.
[50:33.520 --> 50:39.120]  Well, they didn't want to go there, so he got his guys with guns to throw me out in
[50:39.120 --> 50:45.840]  the street with threats of arrest and lots of saber rattling and huffing and puffing.
[50:45.840 --> 50:49.880]  While they're throwing me out, I'm calling 911 asking them to send somebody out to arrest
[50:49.880 --> 50:52.520]  these guys.
[50:52.520 --> 50:58.840]  Now I'll go back and file against the prosecuting attorney, accusing him of sending those guys
[50:58.840 --> 51:04.320]  out to wave their guns at me and throw me out in the street in order to shield the judge
[51:04.320 --> 51:05.320]  from prosecution.
[51:05.320 --> 51:13.840]  Now, I don't care if I have a valid claim against the judge or not, it doesn't matter.
[51:13.840 --> 51:19.160]  I got these guys to do something much worse than I was charging the judge with.
[51:19.160 --> 51:26.960]  And since these guys acted stupid, I get to go beat up the district attorney with it.
[51:26.960 --> 51:30.560]  And we just kind of walk it up the ladder.
[51:30.560 --> 51:36.000]  We go down, we file a complaint when they refuse to, or if we don't have a public official
[51:36.000 --> 51:41.960]  and we, like here we have some lawyers, we want to file against these lawyers.
[51:41.960 --> 51:50.520]  We go down and file against the lawyers and the prosecutor refuses to take the case.
[51:50.520 --> 51:55.120]  So we file against the prosecutor with some local judge.
[51:55.120 --> 51:59.960]  And the judge refuses to act on the case and he tells us that they're generally really
[51:59.960 --> 52:05.920]  polite and professional and say, well, you know, you really need to take that to the
[52:05.920 --> 52:10.200]  police department and say, oh, wow, well, thank you very much, judge.
[52:10.200 --> 52:14.360]  And then we go to the police department with a complaint against the judge for not taking
[52:14.360 --> 52:16.860]  the complaint.
[52:16.860 --> 52:21.640]  Or generally, I don't involve the police departments because they're not important enough.
[52:21.640 --> 52:26.320]  I go to a higher level judge and ask him to arrest the lower level judge because the lower
[52:26.320 --> 52:30.280]  level judge wouldn't arrest the prosecutor because the prosecutor wouldn't arrest the
[52:30.280 --> 52:33.480]  guy filed the original complaint with.
[52:33.480 --> 52:36.800]  We just kind of walk it up the ladder.
[52:36.800 --> 52:41.520]  Everything they do gives us more accusations we can make.
[52:41.520 --> 52:46.480]  And we don't go in there just making wild accusations.
[52:46.480 --> 52:55.520]  We make accusations saying that under 2.03 code of criminal procedure prosecuting attorneys
[52:55.520 --> 52:57.720]  who have been required and needs to be made known in any manner that the public official
[52:57.720 --> 53:03.400]  violated the law rate in this office to reduce the complaint and to submit the grand jury
[53:03.400 --> 53:04.400]  forthwith.
[53:04.400 --> 53:08.280]  Prosecutors made known that a public official violated the law related to this office and
[53:08.280 --> 53:11.240]  he failed to reduce the complaint and the information to submit the grand jury.
[53:11.240 --> 53:23.560]  But instead, dispatch two police officers with loaded pistols to force to interrupt complaint
[53:23.560 --> 53:32.880]  complaints, access to a public building in violation of 22.06 penal code, making a terroristic
[53:32.880 --> 53:41.160]  threat where they threatened to arrest the complainant using physical force while displaying
[53:41.160 --> 53:49.720]  a deadly weapon which renders their act of violation of 22.04 B2A, Texas penal code aggravated
[53:49.720 --> 53:53.600]  assault first degree felony.
[53:53.600 --> 53:56.720]  We don't just make an accusation.
[53:56.720 --> 54:02.440]  We make the accusation dead on point of law.
[54:02.440 --> 54:08.840]  And these two officers, they know I set them up.
[54:08.840 --> 54:15.160]  When they came out, everything I was doing was setting them up for these complaints.
[54:15.160 --> 54:16.600]  This is what we want them to know.
[54:16.600 --> 54:25.320]  Now with the loan modification, these bankers weren't even with guys on the bottom.
[54:25.320 --> 54:31.000]  And from what you've said, Winston, these guys are struggling to do the best they can
[54:31.000 --> 54:37.720]  with what they've got and trying to keep their job and trying to help people at the
[54:37.720 --> 54:38.720]  same time.
[54:38.720 --> 54:46.200]  And that makes this all the more odious that they take otherwise good people and put them
[54:46.200 --> 54:48.400]  in an impossible position.
[54:48.400 --> 54:55.040]  So how can we set them up?
[54:55.040 --> 55:10.680]  How can we go in and document, set them up, walk them through their paces and work out
[55:10.680 --> 55:15.760]  how we can make accusations for each of these steps?
[55:15.760 --> 55:24.160]  I mean, for non-disclosure is really a big one.
[55:24.160 --> 55:33.880]  But it appears that the banks contrived to collect money from the federal government
[55:33.880 --> 55:44.720]  for offering a loan modification when they had no intention of granting the modification.
[55:44.720 --> 55:57.480]  So how much time and trouble, Winston, does it take to put together an evaluation to determine
[55:57.480 --> 56:02.040]  whether or not someone would actually qualify?
[56:02.040 --> 56:07.920]  And what does it take to qualify for a loan under hand?
[56:07.920 --> 56:09.400]  Good question.
[56:09.400 --> 56:17.520]  The way I do, and I should refuse some software, basically, you're familiar with running the
[56:17.520 --> 56:21.920]  numbers forwards versus running the numbers backwards.
[56:21.920 --> 56:28.880]  What I do here is we do everything backwards.
[56:28.880 --> 56:33.480]  I have been accused of that.
[56:33.480 --> 56:36.040]  We know what a modification looks like.
[56:36.040 --> 56:38.040]  We know what the lender is looking for.
[56:38.040 --> 56:40.920]  We're familiar with who the investor is.
[56:40.920 --> 56:45.760]  So if we were going to do this, we would have to first answer a couple of questions.
[56:45.760 --> 56:46.760]  Who is the investor?
[56:46.760 --> 56:47.760]  What's the investor's guideline?
[56:47.760 --> 56:48.760]  Who is the servicer?
[56:48.760 --> 56:51.320]  What's the servicer's guideline?
[56:51.320 --> 57:01.840]  Once we have that, any deviation from those two sets of, any deviation from that, we know
[57:01.840 --> 57:05.920]  we got them because we already know the rules going in.
[57:05.920 --> 57:09.680]  We're asking them questions that we already know the answers to.
[57:09.680 --> 57:15.960]  So when we submit the income, we already know what the income qualification is.
[57:15.960 --> 57:18.080]  We know what the parameters are.
[57:18.080 --> 57:22.480]  When we submit our documents, we do it in such a way that we know we're going to get
[57:22.480 --> 57:29.440]  approved before we even submit the application, which is how we've been doing it all along.
[57:29.440 --> 57:38.040]  So we know that our loan's going to get approved, otherwise we don't submit it because we're
[57:38.040 --> 57:40.480]  not in the business of getting loans tonight.
[57:40.480 --> 57:51.000]  So it would actually be a perfect tool to find deviations from the standard.
[57:51.000 --> 57:59.960]  And we could actually use that to set them up because they don't know we know the answers.
[57:59.960 --> 58:02.960]  This is even better than I expected.
[58:02.960 --> 58:06.320]  This I definitely want to pick up on the other side.
[58:06.320 --> 58:11.400]  Investor guidelines and lender guidelines.
[58:11.400 --> 58:15.480]  This I want to know a whole lot more about because you're in the business of getting
[58:15.480 --> 58:19.800]  them everything they're needing, and I'm thinking we don't want to give them everything they're
[58:19.800 --> 58:20.800]  needing.
[58:20.800 --> 58:27.800]  We don't want to give them what they're asking for, knowing what they're needing so that
[58:27.800 --> 58:33.280]  we can document the fact that they're not asking for what they really need, and they're
[58:33.280 --> 58:34.920]  violating their own procedures.
[58:34.920 --> 58:38.280]  Okay, hang on, we'll pick this up on the other side.
[58:38.280 --> 58:45.880]  This is Randy Calton, David Stevens, Rue LaRadio, a call in number 512-646-1984.
[58:45.880 --> 58:49.400]  We'll be right back.
[58:49.400 --> 58:53.560]  Would you like to make more definite progress in your walk with God?
[58:53.560 --> 58:58.760]  Bibles for America is offering a free study Bible and a set of free Christian books that
[58:58.760 --> 59:00.080]  can really help.
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[59:04.400 --> 59:05.400]  today.
[59:05.400 --> 59:09.440]  It's an accurate translation and it contains thousands of footnotes that will help you
[59:09.440 --> 59:12.560]  to know God and to know the meaning of life.
[59:12.560 --> 59:17.800]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:17.800 --> 59:23.520]  Hereby, chapter Basic Elements of the Christian Life clearly presents God's plan of salvation,
[59:23.520 --> 59:27.000]  growing in Christ and how to build up the church.
[59:27.000 --> 59:32.040]  To order your free New Testament recovery version and Basic Elements of the Christian
[59:32.040 --> 59:39.760]  Life, call Bibles for America toll-free at 888-551-0102.
[59:39.760 --> 59:44.320]  That's 888-551-0102.
[59:44.320 --> 59:51.320]  Or visit us online at bfa.org.
[59:51.320 --> 01:00:00.320]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[01:00:00.320 --> 01:00:10.320]  You're listening to the Liberty Bees, your daily source for Liberty News and activist
[01:00:10.320 --> 01:00:11.320]  updates.
[01:00:11.320 --> 01:00:15.560]  Or visit us online at TheLibertyBeat.com.
[01:00:15.560 --> 01:00:20.200]  John Bush here with your Liberty Bees for March 22, 2013.
[01:00:20.200 --> 01:00:29.720]  Gold open today at $1,609, silver at $28.98.96, and Bitcoin is trading at $72.95.
[01:00:29.720 --> 01:00:33.600]  Today's edition of the Liberty Beat is sponsored and part by Brave New Books, your central
[01:00:33.600 --> 01:00:40.840]  package supplier of One World Way and Tangy Tangerine, online at bravenewbookstore.com.
[01:00:40.840 --> 01:00:44.160]  And now the news.
[01:00:44.160 --> 01:00:48.440]  A program aimed at rewarding people who blow the whistle on illegal gun owners has yet
[01:00:48.440 --> 01:00:52.240]  to show significant results as three police agencies in New York.
[01:00:52.240 --> 01:00:58.040]  In February of 2012, 11 months before the passage of NY SAFE Act, Governor Cuomo's office
[01:00:58.040 --> 01:01:00.720]  announced a four-pronged initiative to curb gun violence.
[01:01:00.720 --> 01:01:05.000]  One of the programs was a cash reward for citizens who lead police to the arrest and
[01:01:05.000 --> 01:01:07.520]  confiscation of illegal firearms.
[01:01:07.520 --> 01:01:11.800]  One is the gun tip line New Yorkers can call a toll-free hotline to alert police if they
[01:01:11.800 --> 01:01:14.080]  believe someone they know has an illegal gun.
[01:01:14.080 --> 01:01:17.920]  The call would be picked up by state police and local law enforcement would be notified
[01:01:17.920 --> 01:01:19.760]  if the tip seemed reliable.
[01:01:19.760 --> 01:01:27.800]  If there was an arrest, the tipster would receive as much as $500.
[01:01:27.800 --> 01:01:32.200]  The U.S. government is expanding a cybersecurity program that scans internet traffic headed
[01:01:32.200 --> 01:01:36.600]  into and out of defense contractors to include far more of the country's private civilian
[01:01:36.600 --> 01:01:37.840]  run infrastructure.
[01:01:37.840 --> 01:01:41.760]  As a result, more private sector employees than ever before, including those at big banks,
[01:01:41.760 --> 01:01:45.960]  utilities, and key transportation companies, will have their emails and web surfing scanned
[01:01:45.960 --> 01:01:48.560]  as a precaution against cyber attacks.
[01:01:48.560 --> 01:01:52.120]  Under last month's White House executive order on cybersecurity, the scans will be driven
[01:01:52.120 --> 01:01:56.520]  by classified information provided by U.S. intelligence agencies, including data from
[01:01:56.520 --> 01:02:01.760]  the National Security Agency on new or specifically serious espionage threats and other hacking
[01:02:01.760 --> 01:02:07.360]  attempts.
[01:02:07.360 --> 01:02:10.560]  Republican amendments to the Senate's budget proposal would require President Obama and
[01:02:10.560 --> 01:02:14.240]  Vice President Biden to get their medical care through the new exchanges created by
[01:02:14.240 --> 01:02:16.360]  Obama's signature health care law.
[01:02:16.360 --> 01:02:20.880]  Senators Susan Collins, Republican from Maine and Kelly Iote, Republican from New Hampshire,
[01:02:20.880 --> 01:02:25.000]  both offered amendments to move the President and Vice President into the health care law
[01:02:25.000 --> 01:02:26.000]  as exchange.
[01:02:26.000 --> 01:02:30.440]  After the Affordable Care Act passed, the White House said Obama would enroll in exchange
[01:02:30.440 --> 01:02:32.720]  once the time came in 2014.
[01:02:32.720 --> 01:02:37.040]  Collins and Iote's amendment would require the President, the Vice President, and the
[01:02:37.040 --> 01:02:42.520]  Cabinet to put their premiums where their politics are.
[01:02:42.520 --> 01:02:46.320]  The Liberty Deed is sponsored and part by Peer Rain, chemical and fluoride-free bottled
[01:02:46.320 --> 01:02:51.960]  water available at Central Market and Whole Foods grocery stores, online at PeerRainUSA.com,
[01:02:51.960 --> 01:02:56.600]  and by Central Texas Gun Works, self-defense training, CHL courses, and firearm sales,
[01:02:56.600 --> 01:03:03.600]  online at CentralTexasGunWorks.com.
[01:03:26.600 --> 01:03:33.600]  Okay, we are ready to go.
[01:03:56.600 --> 01:04:02.800]  Let's go back, Randy Kelton, Deborah Stevens, here with our special guest, Winston Wallace,
[01:04:02.800 --> 01:04:09.600]  and we were strategizing on how to take the fight back to the banks.
[01:04:09.600 --> 01:04:16.240]  And we kind of talked about this off the air, and you guys miss all the good part.
[01:04:16.240 --> 01:04:18.880]  You don't hear all the jokes we tell on the breaks.
[01:04:18.880 --> 01:04:32.280]  We're talking about how do we give the bank opportunity to do its worst.
[01:04:32.280 --> 01:04:41.160]  So many people come away from the loan modification issue feeling absolutely, totally betrayed.
[01:04:41.160 --> 01:04:52.640]  Well, if we use these guys the same way we do the criminal issue, then we need to sort
[01:04:52.640 --> 01:04:58.760]  out what they're going to do, when they're going to do it, what they should have done,
[01:04:58.760 --> 01:05:04.560]  and how they should have done it so that we can effectively lead them down the garden
[01:05:04.560 --> 01:05:07.160]  path.
[01:05:07.160 --> 01:05:13.080]  So on the break, we were talking about how many investors and how many lenders we have
[01:05:13.080 --> 01:05:15.240]  to deal with.
[01:05:15.240 --> 01:05:23.000]  So how many people, how many of each do we really have, how hard is it to chart these
[01:05:23.000 --> 01:05:27.240]  out so we can have a good idea of what we're dealing with?
[01:05:27.240 --> 01:05:29.080]  That's pretty simple.
[01:05:29.080 --> 01:05:34.320]  Every person that's going to be looked at for modification has to be looked at under
[01:05:34.320 --> 01:05:38.320]  two set of guidelines.
[01:05:38.320 --> 01:05:39.320]  Ham, non-ham.
[01:05:39.320 --> 01:05:45.920]  Does this loan conform to the government ham program?
[01:05:45.920 --> 01:05:52.560]  If not, it should automatically fall in bucket B, which is non-ham.
[01:05:52.560 --> 01:06:01.920]  So if we're looking at a ham program, there's Fannie Mae, Freddie Mac, FHA, and VA, all of
[01:06:01.920 --> 01:06:06.520]  these wrap into the overarching guidelines set up for ham.
[01:06:06.520 --> 01:06:13.360]  The FHA ham is the same as a, or it has a few tweaks, right?
[01:06:13.360 --> 01:06:21.880]  But a conventional loan that is a Fannie Mae loan will be eligible for the regular ham,
[01:06:21.880 --> 01:06:26.960]  whereas a person that has an FHA mortgage can also get a ham, but it's called the FHA
[01:06:26.960 --> 01:06:31.400]  ham, and it has some unique guidelines in there, but it's pretty much going to be the
[01:06:31.400 --> 01:06:34.160]  same thing.
[01:06:34.160 --> 01:06:40.320]  If we know who the investor is, if we know who the services are, there's not much deviation
[01:06:40.320 --> 01:06:41.320]  from bank to bank.
[01:06:41.320 --> 01:06:43.560]  I mean, all the programs are pretty much the same.
[01:06:43.560 --> 01:06:48.360]  So if we can just figure out who the servicer is, are we looking at a ham or are we looking
[01:06:48.360 --> 01:06:56.600]  at a non-ham, then we can easily figure out where they deviate from where they should
[01:06:56.600 --> 01:06:57.600]  be.
[01:06:57.600 --> 01:07:09.440]  Okay, so then once we get that figured out, then we know, okay, okay, how do they determine
[01:07:09.440 --> 01:07:17.480]  how to deal with someone trying to get a modification?
[01:07:17.480 --> 01:07:22.280]  How do they lead us down the garden path?
[01:07:22.280 --> 01:07:26.160]  I just did a deal with Bank of America, and sometimes they forget that I used to work
[01:07:26.160 --> 01:07:27.960]  there.
[01:07:27.960 --> 01:07:32.440]  When you first submit a loan, I already knew when I took my client through that we were
[01:07:32.440 --> 01:07:34.800]  not going to be approved for the ham modification.
[01:07:34.800 --> 01:07:35.800]  We already knew.
[01:07:35.800 --> 01:07:36.800]  I knew the guidelines.
[01:07:36.800 --> 01:07:40.400]  I knew the ham guidelines, and it was just not a program we were going to qualify for,
[01:07:40.400 --> 01:07:44.760]  and the homeowner was okay with that, but I knew that she would get approved for the
[01:07:44.760 --> 01:07:45.760]  non-ham.
[01:07:45.760 --> 01:07:50.240]  Well, Bank of America told me we weren't approved for anything and that they were going to move
[01:07:50.240 --> 01:07:51.680]  forward with their foreclosure.
[01:07:51.680 --> 01:07:58.120]  Well, trap number one, I called them up and I said, hey, was there a, and this is not
[01:07:58.120 --> 01:08:04.240]  something the average homeowner is going to know, by the way, was there an open LMA checklist?
[01:08:04.240 --> 01:08:05.600]  The counselor said yes.
[01:08:05.600 --> 01:08:11.640]  I said, did we look, is it over ham and non-ham?
[01:08:11.640 --> 01:08:12.920]  She said yes.
[01:08:12.920 --> 01:08:16.080]  I said, have we looked at the ham?
[01:08:16.080 --> 01:08:17.080]  She said yes.
[01:08:17.080 --> 01:08:18.080]  The baller wasn't qualified.
[01:08:18.080 --> 01:08:21.800]  I said, where are we on the non-ham?
[01:08:21.800 --> 01:08:25.560]  She paused, and then she said, Mr. Waller, we're now going to review your client for
[01:08:25.560 --> 01:08:30.440]  the non-ham modification, but had the traditional regular person done that, they would have
[01:08:30.440 --> 01:08:35.000]  gone away thinking that they weren't approved, but because, you know, of inside information
[01:08:35.000 --> 01:08:38.960]  we know that if you're not approved for one, you're automatically going to be reconsidered
[01:08:38.960 --> 01:08:40.960]  for the other, but a lot of people don't know that.
[01:08:40.960 --> 01:08:44.120]  They just take their approval, bow their head, and walk away.
[01:08:44.120 --> 01:08:45.120]  Okay.
[01:08:45.120 --> 01:08:50.800]  How does this automatic consideration occur?
[01:08:50.800 --> 01:08:54.920]  Is it bank policy?
[01:08:54.920 --> 01:08:57.320]  It is.
[01:08:57.320 --> 01:09:05.160]  Every person that applies has to be reviewed based on the structure of their loan.
[01:09:05.160 --> 01:09:16.920]  For example, if I come in and my mortgage payment is, let's say $1,000 a month, okay,
[01:09:16.920 --> 01:09:24.360]  and I'm looking for modification, my old mortgage, my old income was $2,000 a month, but because
[01:09:24.360 --> 01:09:29.000]  I lost my job or my wife passed away or whatever the case may be, I lost $1,000 a month in
[01:09:29.000 --> 01:09:30.000]  income.
[01:09:30.000 --> 01:09:40.280]  Well, if I take 31% of my new income, is that higher or lower than my current mortgage payment?
[01:09:40.280 --> 01:09:47.000]  If that 31% is a higher payment than I don't qualify for a hemp, I'm automatically going
[01:09:47.000 --> 01:09:52.920]  to be considered for the non-hamp because a hemp modification should not, I repeat,
[01:09:52.920 --> 01:09:58.440]  a hemp modification should not result in a higher mortgage payment.
[01:09:58.440 --> 01:10:04.320]  So if any homeowner ever applies and they're approved for a hemp modification and their
[01:10:04.320 --> 01:10:10.360]  payment went up, we get a problem because it shouldn't have been that way.
[01:10:10.360 --> 01:10:14.360]  So that would be a claim we could bring back against them.
[01:10:14.360 --> 01:10:15.360]  Correct.
[01:10:15.360 --> 01:10:20.560]  That's if they, now we've got to be sure that they said, okay, you're approved this
[01:10:20.560 --> 01:10:22.680]  on a half, your payment never goes up.
[01:10:22.680 --> 01:10:24.080]  Let's just get it right there.
[01:10:24.080 --> 01:10:28.640]  Your payments never go up under a hemp because it's 31%.
[01:10:28.640 --> 01:10:34.200]  If it's great, if your payment went up, then that means you were considered for a non-hamp,
[01:10:34.200 --> 01:10:38.320]  which is okay, but never under the hemp, if that makes any sense.
[01:10:38.320 --> 01:10:39.320]  Yes.
[01:10:39.320 --> 01:10:41.320]  Okay.
[01:10:41.320 --> 01:10:48.200]  That brings us back to how the consideration works.
[01:10:48.200 --> 01:10:56.640]  If they, if someone goes in and they should be approved for the non-hamp and they're
[01:10:56.640 --> 01:11:03.680]  denied outright, is this something that occurs on a regular basis?
[01:11:03.680 --> 01:11:05.680]  Yeah.
[01:11:05.680 --> 01:11:10.200]  When you first come in, you're automatically, everybody, every person that applies should
[01:11:10.200 --> 01:11:12.400]  first be reviewed for the hemp.
[01:11:12.400 --> 01:11:16.720]  If the hemp doesn't, now actually it's sometimes they run both programs concurrently where
[01:11:16.720 --> 01:11:19.320]  you're actually being reviewed for both programs simultaneously.
[01:11:19.320 --> 01:11:20.320]  Okay.
[01:11:20.320 --> 01:11:24.880]  So if you come in and you don't meet the hemp guidelines, you automatically get reviewed
[01:11:24.880 --> 01:11:25.880]  for the non-hamp.
[01:11:25.880 --> 01:11:29.960]  Now, if you've got approved for the non-hamp, then you're just not approved for anything.
[01:11:29.960 --> 01:11:30.960]  Okay.
[01:11:30.960 --> 01:11:41.120]  Well, in this incident you mentioned earlier where they, you didn't qualify for the hemp,
[01:11:41.120 --> 01:11:47.360]  but they didn't consider him for the non-hamp.
[01:11:47.360 --> 01:11:50.400]  What I'm looking for is, is this a pattern?
[01:11:50.400 --> 01:12:00.360]  Is this something they, so the bank gets to say, well, we have this policy.
[01:12:00.360 --> 01:12:01.360]  So we're covered.
[01:12:01.360 --> 01:12:06.400]  Oh, one of our employees just, they goofed up on this one.
[01:12:06.400 --> 01:12:15.680]  And it reminds me of when I was in the military, we were, at one point we were in Korat, Thailand,
[01:12:15.680 --> 01:12:20.560]  loading bombs and rockets on fighter type aircraft.
[01:12:20.560 --> 01:12:25.200]  And they came to us and they would give us what we called a frag.
[01:12:25.200 --> 01:12:27.400]  This is what we had to load today.
[01:12:27.400 --> 01:12:33.440]  And by the book, this was about three times what you could legally load.
[01:12:33.440 --> 01:12:41.240]  But I had a brother boots on the ground in Vietnam and we were flying fire support.
[01:12:41.240 --> 01:12:43.880]  Whatever they brought us, we loaded.
[01:12:43.880 --> 01:12:47.440]  And then they came down and gave a direct order that we would load by the book.
[01:12:47.440 --> 01:12:49.880]  Well, the two are not possible.
[01:12:49.880 --> 01:12:54.840]  Well, this gave the higher up plausible deniability if anything went wrong below.
[01:12:54.840 --> 01:12:58.240]  And that's what this sounds like these banks are doing.
[01:12:58.240 --> 01:13:03.680]  They're putting in policies to give themselves plausible deniability.
[01:13:03.680 --> 01:13:11.720]  But then they're creating conditions to where it's impossible for those who are required
[01:13:11.720 --> 01:13:18.200]  to carry out those policies to where it's impossible for them to do it.
[01:13:18.200 --> 01:13:25.000]  This is where I was looking at going, how do we establish that if we can establish that
[01:13:25.000 --> 01:13:36.400]  this is a pattern, then we can establish that the bank is either directly responsible for
[01:13:36.400 --> 01:13:43.400]  having created the conditions or they are vicariously responsible as they are responding
[01:13:43.400 --> 01:13:49.400]  yet superior for their employees.
[01:13:49.400 --> 01:13:50.800]  So how would we set them up?
[01:13:50.800 --> 01:14:02.600]  How would we, I don't know how they consider who, how they screw the client, I guess is
[01:14:02.600 --> 01:14:05.280]  what I'm trying to say.
[01:14:05.280 --> 01:14:10.360]  Does the guy doing the evaluation ever really meet the client?
[01:14:10.360 --> 01:14:17.280]  Well, they instituted this new thing called Spock, a single point of contact.
[01:14:17.280 --> 01:14:26.320]  And the people on the phone, the people working the loans are good people.
[01:14:26.320 --> 01:14:28.960]  It's the hierarchical structure.
[01:14:28.960 --> 01:14:39.440]  It's the people up above that make things in such a way that they manipulate the workers
[01:14:39.440 --> 01:14:44.640]  who don't know they're being manipulated to control the customers.
[01:14:44.640 --> 01:14:53.200]  Now that woman, God bless her soul, I've worked with her a lot, she obviously didn't understand.
[01:14:53.200 --> 01:15:02.720]  She wasn't trained properly and when I started talking to her, I was, here I am, okay, working
[01:15:02.720 --> 01:15:09.080]  for my client, telling the lady on the phone who worked at Bank of America where to go,
[01:15:09.080 --> 01:15:14.800]  what to click on, what drop down box to go into, and how to see what the deal is for
[01:15:14.800 --> 01:15:16.160]  my customer.
[01:15:16.160 --> 01:15:20.440]  And she kind of felt embarrassed, but I explained to her, look, I used to work there, I know
[01:15:20.440 --> 01:15:25.440]  the software, I know the systems, go here, click on this, open that, go to this tool,
[01:15:25.440 --> 01:15:31.600]  go to home saver, put in the loan number, you know, all of that.
[01:15:31.600 --> 01:15:37.840]  And she was gracious enough to follow my steps and she found out that she was making a mistake
[01:15:37.840 --> 01:15:40.200]  and she apologized.
[01:15:40.200 --> 01:15:44.120]  Okay, that is interesting.
[01:15:44.120 --> 01:15:47.280]  So she made an honest mistake.
[01:15:47.280 --> 01:15:56.600]  This makes it easier to get in the door because we don't make the accusation against the person
[01:15:56.600 --> 01:16:03.560]  who actually did this, we get to go back to the company for lack of sufficient training.
[01:16:03.560 --> 01:16:14.160]  Right, but it's, you know, homeowners shouldn't be suffering for, you know, the internal associates
[01:16:14.160 --> 01:16:15.560]  lack of knowledge.
[01:16:15.560 --> 01:16:18.920]  They're supposed to be, they're supposed to know what they're doing.
[01:16:18.920 --> 01:16:24.320]  You can't advise me as a customer when you yourself don't even know the rules.
[01:16:24.320 --> 01:16:33.520]  That is exactly the issue is they, we can't presume that the people who did the training
[01:16:33.520 --> 01:16:40.280]  and prepared the criteria wasn't fully aware of its efficiencies.
[01:16:40.280 --> 01:16:44.880]  If they were deficiencies, we presume they're there on purpose.
[01:16:44.880 --> 01:16:45.880]  Okay, hang on.
[01:16:45.880 --> 01:16:53.840]  This is Randy Kelton, Debbie Stephens, Eddie Craig, River Radio, our call-in number, 512-646-1984.
[01:16:53.840 --> 01:16:54.840]  We'll be right back.
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[01:17:21.960 --> 01:17:27.960]  a sight compared to what I used to be?
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[01:17:37.720 --> 01:17:45.440]  drink, every day will bring the life that you've been looking for.
[01:17:45.440 --> 01:18:12.160]  Okay, let's go in and have
[01:18:12.160 --> 01:18:13.600]  a good sleep.
[01:18:13.600 --> 01:18:17.200]  In addition to providing the best prices in the nation, we want to bring you the best
[01:18:17.200 --> 01:18:20.400]  shopping experience both in-store and online.
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[01:18:39.200 --> 01:18:43.480]  Call us at 512-646-440 for more details.
[01:18:43.480 --> 01:18:48.480]  We're located at 7304 Burnett Road, Suite A, about half a mile south of Anderson.
[01:18:48.480 --> 01:18:52.480]  We're open Monday through Friday, 10-6, Saturdays, 10-2.
[01:18:52.480 --> 01:18:57.480]  Visit us at capitalcoinandbullion.com or call 512-646-440.
[01:18:57.480 --> 01:19:07.480]  This is the Logos Radio Net.
[01:19:07.480 --> 01:19:25.480]  Oh, come on.
[01:19:25.480 --> 01:19:38.480]  Okay, we are back.
[01:19:38.480 --> 01:19:40.480]  Randy Kelton, Debbie Stevens.
[01:19:40.480 --> 01:19:45.480]  We have our radio here with our special guest, Winston Wallace.
[01:19:45.480 --> 01:19:49.480]  And we have a question on point.
[01:19:49.480 --> 01:19:53.480]  We're going to Johnny in Texas.
[01:19:53.480 --> 01:19:56.480]  Johnny, what do you have for us?
[01:19:56.480 --> 01:19:57.480]  Hey, guys.
[01:19:57.480 --> 01:19:59.480]  It's not really a question.
[01:19:59.480 --> 01:20:04.480]  I just wanted to share an experience related to loan modification.
[01:20:04.480 --> 01:20:11.480]  Back in 2009, my house was foreclosed on and sold.
[01:20:11.480 --> 01:20:13.480]  And I didn't know anything about it.
[01:20:13.480 --> 01:20:18.480]  I didn't get all the notices required under the property code.
[01:20:18.480 --> 01:20:21.480]  And they basically didn't follow the process at all.
[01:20:21.480 --> 01:20:26.480]  The way I found out about it is I got served with the summons to appear in the Viction Court.
[01:20:26.480 --> 01:20:31.480]  So I called Will's Fargo and I said, you know, hey, what's going on?
[01:20:31.480 --> 01:20:33.480]  You guys, you know, should have called me.
[01:20:33.480 --> 01:20:35.480]  You should have, you know, tried to work something out with me.
[01:20:35.480 --> 01:20:37.480]  They said, oh, we don't care about that.
[01:20:37.480 --> 01:20:42.480]  Well, you didn't give me any of the, you know, notice defaults, opportunity to cure,
[01:20:42.480 --> 01:20:44.480]  like you were supposed to.
[01:20:44.480 --> 01:20:45.480]  They said, oh, we don't care about that.
[01:20:45.480 --> 01:20:50.480]  That's why, you know, I didn't even know that you were foreclosing on and selling my house.
[01:20:50.480 --> 01:20:52.480]  I didn't know that that had been done.
[01:20:52.480 --> 01:20:54.480]  You know, you guys did it three months ago and I didn't know anything about it.
[01:20:54.480 --> 01:20:57.480]  I said, oh, I wouldn't care anything about that either.
[01:20:57.480 --> 01:21:02.480]  But when I raised the issue that, and I don't know if this is still the case,
[01:21:02.480 --> 01:21:09.480]  but at that time under federal law, they were required to at least offer a hemp modification
[01:21:09.480 --> 01:21:15.480]  prior to any foreclosure actions whatsoever.
[01:21:15.480 --> 01:21:20.480]  And so when I raised that issue and said, hey, you guys didn't offer me a hemp modification,
[01:21:20.480 --> 01:21:24.480]  they cared about that and they moved for a continuance in the eviction case
[01:21:24.480 --> 01:21:28.480]  and subsequently moved to dismiss the case.
[01:21:28.480 --> 01:21:34.480]  And they did a rescission, they rescinded the foreclosure and sale
[01:21:34.480 --> 01:21:38.480]  and did a full reconveyance of title and warranty deed back into my name
[01:21:38.480 --> 01:21:44.480]  and basically told the eviction court that based on their efforts,
[01:21:44.480 --> 01:21:50.480]  based on loss mitigation efforts, they felt that we could, you know,
[01:21:50.480 --> 01:21:54.480]  work something out and go forward and the eviction wouldn't be necessary.
[01:21:54.480 --> 01:21:56.480]  So I just thought that was really interesting.
[01:21:56.480 --> 01:22:02.480]  You know, they completely ignored all the processes and notices that they were supposed to,
[01:22:02.480 --> 01:22:08.480]  you know, all the hoops that they were supposed to jump through under the Texas property code
[01:22:08.480 --> 01:22:11.480]  and the foreclosure process, they didn't care about it.
[01:22:11.480 --> 01:22:14.480]  Even when I raised the point blank, they didn't care about it.
[01:22:14.480 --> 01:22:19.480]  But when I pointed out that, oh, you know, you guys also forgot to offer a hemp modification,
[01:22:19.480 --> 01:22:23.480]  they backtracked really quickly.
[01:22:23.480 --> 01:22:27.480]  So I just thought I'd share that with you guys and get your thoughts on it.
[01:22:27.480 --> 01:22:32.480]  Did they subsequently offer a hemp modification?
[01:22:32.480 --> 01:22:33.480]  They offered it.
[01:22:33.480 --> 01:22:42.480]  Well, I guess most technically they didn't offer it, they kept telling me that they were offering it.
[01:22:42.480 --> 01:22:45.480]  And I kept saying, okay, great, let's see it.
[01:22:45.480 --> 01:22:47.480]  What are the details of it?
[01:22:47.480 --> 01:22:49.480]  And they kept saying they sent it.
[01:22:49.480 --> 01:22:50.480]  I didn't get it.
[01:22:50.480 --> 01:22:51.480]  I'd asked for the tracking number.
[01:22:51.480 --> 01:22:52.480]  Oh, we can't give you that.
[01:22:52.480 --> 01:22:54.480]  We'll send it again.
[01:22:54.480 --> 01:23:02.480]  And I went through several iterations trying to actually get something in writing to actually see,
[01:23:02.480 --> 01:23:04.480]  you know, what are the details?
[01:23:04.480 --> 01:23:07.480]  What are the terms and conditions of this hemp that you say you're offering?
[01:23:07.480 --> 01:23:10.480]  I mean, you guys are saying you're offering me a hemp modification.
[01:23:10.480 --> 01:23:11.480]  I haven't seen it yet.
[01:23:11.480 --> 01:23:15.480]  And I talk with 50 different agents and every time I ask them the details,
[01:23:15.480 --> 01:23:16.480]  they give me different details.
[01:23:16.480 --> 01:23:21.480]  I want to see in writing what it is that you guys are purportedly offering me.
[01:23:21.480 --> 01:23:27.480]  And played this game with them for about four and a half months.
[01:23:27.480 --> 01:23:30.480]  And towards the end of that four and a half months, they were telling me,
[01:23:30.480 --> 01:23:34.480]  you need to, you're going to have to make these three payments.
[01:23:34.480 --> 01:23:37.480]  I forget what they called them.
[01:23:37.480 --> 01:23:41.480]  They told me I needed to make these three payments by the certain date,
[01:23:41.480 --> 01:23:46.480]  regardless of whether or not I had received the hemp paperwork,
[01:23:46.480 --> 01:23:52.480]  regardless of whether or not anybody had articulated the details and the terms and conditions of it to me.
[01:23:52.480 --> 01:23:59.480]  And I finally, after about four and a half months, I finally got their hemp modification.
[01:23:59.480 --> 01:24:02.480]  Credit counseling and all this other stuff.
[01:24:02.480 --> 01:24:05.480]  And finally got their hemp modification paperwork.
[01:24:05.480 --> 01:24:12.480]  And it referenced, you know, all these included documents that weren't included.
[01:24:12.480 --> 01:24:19.480]  It had the header and, you know, the Wells Fargo header and footer printed over legal verbiage
[01:24:19.480 --> 01:24:24.480]  so that I couldn't read what was on a lot of it.
[01:24:24.480 --> 01:24:29.480]  And in some cases, and it wanted me to sign an affidavit swearing under penalty of perjury
[01:24:29.480 --> 01:24:31.480]  that I understood and agreed to all those stuff.
[01:24:31.480 --> 01:24:37.480]  So I went back to them and said, look, you guys want me to sign this under penalty of perjury saying I understand it.
[01:24:37.480 --> 01:24:40.480]  Well, I don't understand it because these documents are missing.
[01:24:40.480 --> 01:24:42.480]  There's parts of it I can't read.
[01:24:42.480 --> 01:24:46.480]  You reference included documents that aren't there.
[01:24:46.480 --> 01:24:54.480]  And they, after, I ended up suing them in district court.
[01:24:54.480 --> 01:25:00.480]  It's a long story, but to make a long story short with specific regard to the hemp modification,
[01:25:00.480 --> 01:25:04.480]  they dragged their feet as long as they could.
[01:25:04.480 --> 01:25:10.480]  They basically wanted me to agree to it without knowing the details of it and to make these payments.
[01:25:10.480 --> 01:25:13.480]  It wouldn't tell me what the payments would be applied to.
[01:25:13.480 --> 01:25:21.480]  It would not tell me whether or not making the payments, you know, whether I should take that as, you know,
[01:25:21.480 --> 01:25:27.480]  am I or am I not actually entered into a loan modification.
[01:25:27.480 --> 01:25:35.480]  And subsequently, they, you know, they started trying to foreclose again because, you know, they were wanting me to sign this document.
[01:25:35.480 --> 01:25:43.480]  You know, my position was, look, you guys say that you bought the loan from somebody else. I want to see proof of that because I've never,
[01:25:43.480 --> 01:25:45.480]  I've never entered into any contract with you.
[01:25:45.480 --> 01:25:52.480]  And based on the way you guys have treated me so far, I'm not about to be making payments to you, you know,
[01:25:52.480 --> 01:25:54.480]  these three payments that you're wanting by a certain date.
[01:25:54.480 --> 01:26:01.480]  And I'm not going to agree to a loan modification that you guys are very suspiciously doing everything you can
[01:26:01.480 --> 01:26:06.480]  to not inform me as to the terms and conditions of it.
[01:26:06.480 --> 01:26:10.480]  And they finally construed that as my refusal.
[01:26:10.480 --> 01:26:14.480]  And they tried to move forward with, you know, another foreclosure.
[01:26:14.480 --> 01:26:16.480]  I filed a district court suit to stop them.
[01:26:16.480 --> 01:26:22.480]  But they, you know, they told the court that I refused to participate in the HAMP program.
[01:26:22.480 --> 01:26:24.480]  And I said, no, no, no, no, no, no.
[01:26:24.480 --> 01:26:30.480]  Your Honor, here, look, here's the whole paper trail, you know, all the notes and everything, what happened.
[01:26:30.480 --> 01:26:39.480]  But, you know, I know a lot about the, you know, the overall situation now that I didn't know back then.
[01:26:39.480 --> 01:26:44.480]  But I just, you know, in hindsight, I thought that it was really interesting that, you know,
[01:26:44.480 --> 01:26:50.480]  I raised all kinds of issues about the foreclosure and then using a law firm that's, you know,
[01:26:50.480 --> 01:26:56.480]  been sanctioned multiple times in Texas for unlawful debt collection practices,
[01:26:56.480 --> 01:27:01.480]  gave them notice of that and, you know, all their failures under the property code.
[01:27:01.480 --> 01:27:09.480]  They did not care about anything except when I said, oh, you proposed and didn't offer me a HAMP modification.
[01:27:09.480 --> 01:27:15.480]  And as soon as I said that, they, you know, they backtracked.
[01:27:15.480 --> 01:27:17.480]  So I just thought that was interesting.
[01:27:17.480 --> 01:27:23.480]  And I think in hindsight, I think what they were doing is just they did the rescission and the reconvance and everything
[01:27:23.480 --> 01:27:29.480]  just to try to maybe keep me from suing them really actually had absolutely no intention whatsoever
[01:27:29.480 --> 01:27:33.480]  of entering me into any kind of loan modification.
[01:27:33.480 --> 01:27:39.480]  They just wanted the paperwork so that they could say, you know, oh, well, we tried to get the guy a loan modification
[01:27:39.480 --> 01:27:42.480]  and it just didn't work out, so we're going to go ahead and propose again.
[01:27:42.480 --> 01:27:45.480]  I'm pretty sure that's what they were doing.
[01:27:45.480 --> 01:27:54.480]  Well, from what I keep hearing, that seems to be an overriding pattern.
[01:27:54.480 --> 01:28:02.480]  And I'm sure the judges are hearing this same thing over and over, especially from process.
[01:28:02.480 --> 01:28:12.480]  So what we have to do is get something constructed in such a way that they can't ignore it.
[01:28:12.480 --> 01:28:22.480]  We need it, we need to bring this in under law in a way that if they rule against us on this issue,
[01:28:22.480 --> 01:28:26.480]  they undermine the corpus churus.
[01:28:26.480 --> 01:28:34.480]  They make it so that even lawyer, even people coming in with lawyers, the lawyer can't win from them
[01:28:34.480 --> 01:28:37.480]  because they've so perverted the law.
[01:28:37.480 --> 01:28:44.480]  And the courts as corrupt as they are, they don't like to change the law
[01:28:44.480 --> 01:28:47.480]  because it gets too confusing for them.
[01:28:47.480 --> 01:28:54.480]  That's why if you have something that you think is wrong, it's really hard to get the law changed.
[01:28:54.480 --> 01:28:56.480]  And that says it should be.
[01:28:56.480 --> 01:29:02.480]  It's really hard to get judges to rule in ways they haven't been ruling and that says it should be.
[01:29:02.480 --> 01:29:10.480]  So we need to craft our arguments a lot more carefully.
[01:29:10.480 --> 01:29:17.480]  And I think we have a lot of fertile ground here with this modification issue.
[01:29:17.480 --> 01:29:24.480]  Because the way I'm looking at it, we have just stacks of claims.
[01:29:24.480 --> 01:29:34.480]  Primarily, this looks like a, this is as much a criminal conspiracy as anything I have ever seen.
[01:29:34.480 --> 01:29:39.480]  Okay, hang on, we will be right back on the other side.
[01:29:39.480 --> 01:29:43.480]  This is Randy Kelton, Debbie Stevens, Eddie Craig, and we live on radio.
[01:29:43.480 --> 01:29:47.480]  Our call in number 512-646-1984.
[01:29:47.480 --> 01:29:50.480]  Give us a call, we've got two segments left.
[01:29:50.480 --> 01:29:53.480]  It doesn't have to be on topic, we don't take your calls.
[01:29:53.480 --> 01:29:55.480]  We'll be right back.
[01:29:59.480 --> 01:30:03.480]  Is Uncle Sam scanning the contents of your car without permission?
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[01:30:05.480 --> 01:30:34.480]  I'm Dr. Catherine Albrecht and I'll tell you more in just a moment.
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[01:30:56.480 --> 01:31:03.480]  Officials say the spy mobiles help police find car bombs and contraband, but their potential for abuse is chilling.
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[01:31:07.480 --> 01:31:13.480]  and if scanning the groceries in your trunk or watching you through the walls of your home isn't unreasonable, I don't know what is.
[01:31:13.480 --> 01:31:17.480]  Maybe it's time the government put down the comic books and re-read the Constitution.
[01:31:17.480 --> 01:31:22.480]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[01:31:22.480 --> 01:31:37.480]  A Noble Lie, Oklahoma City, 1995 will change forever the way you look at the true nature of terrorism.
[01:31:37.480 --> 01:31:41.480]  Based on the damage pattern to the building, but the government sends impossible.
[01:31:41.480 --> 01:31:44.480]  The grand jury did not want to hear anything I had to say.
[01:31:44.480 --> 01:31:48.480]  The decision was made not to pursue any more of those individuals.
[01:31:48.480 --> 01:31:52.480]  Some of these columns were ripped up, shredded, tossed around.
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[01:33:23.480 --> 01:33:29.480]  I see tools of ingenuity, the use against the workers of iniquity.
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[01:33:54.480 --> 01:33:57.480]  Okay, we are back.
[01:33:57.480 --> 01:34:03.480]  Randy Kelton, Deborah Stevens, Ruevlar Radio with Winston Wallace.
[01:34:03.480 --> 01:34:11.480]  And Johnny Winston wants to address this issue he thinks he knows the characters.
[01:34:11.480 --> 01:34:13.480]  We go ahead, Winston.
[01:34:13.480 --> 01:34:16.480]  Sure. You said the lender was Wells Fargo.
[01:34:16.480 --> 01:34:19.480]  Well, the original lender was not.
[01:34:19.480 --> 01:34:27.480]  But they claim to have bought the loan from the original lender.
[01:34:27.480 --> 01:34:37.480]  I willing to bet that that law firm that was the trustee was those guys out of Madison.
[01:34:37.480 --> 01:34:40.480]  Daphne Frappin and Kiss My Behind?
[01:34:40.480 --> 01:34:42.480]  Barrett Daphne Frappier.
[01:34:42.480 --> 01:34:43.480]  Yeah.
[01:34:43.480 --> 01:34:44.480]  Are we close?
[01:34:44.480 --> 01:34:45.480]  Yeah.
[01:34:45.480 --> 01:34:48.480]  The owner is Barrett Burke Wilson.
[01:34:48.480 --> 01:34:53.480]  And National Debalt Exchange and a whole bunch of other names.
[01:34:53.480 --> 01:34:54.480]  Yeah.
[01:34:54.480 --> 01:34:58.480]  These guys are, well, I don't have to say it.
[01:34:58.480 --> 01:34:59.480]  You already know.
[01:34:59.480 --> 01:35:00.480]  Yeah.
[01:35:00.480 --> 01:35:10.480]  It's so interesting that you said that once you brought up the fact that they did not offer modification how quickly they retracted.
[01:35:10.480 --> 01:35:22.480]  But what I think a lot of people don't realize is that there are a lot of laws, a lot of rules, a lot of underwriting guidelines that are there that have to be followed before the fork can be instituted.
[01:35:22.480 --> 01:35:25.480]  Say the Texas, the foreclosure timeline is short.
[01:35:25.480 --> 01:35:27.480]  They run right through the red lines.
[01:35:27.480 --> 01:35:39.480]  For example, if your loan was a FHA or Fannie Mae or Freddie Mac loan, Freddie Mac has rules regarding how many times the lender has to pay.
[01:35:39.480 --> 01:35:43.480]  The lender has to call you to tell you what documents you are missing.
[01:35:43.480 --> 01:35:51.480]  For example, if you apply for modification and your pay subs weren't turned in, they just can't foreclose like they do.
[01:35:51.480 --> 01:35:52.480]  They're not supposed to do that.
[01:35:52.480 --> 01:35:55.480]  They're supposed to give you the opportunity to submit your pay subs.
[01:35:55.480 --> 01:35:57.480]  They're supposed to send you a letter.
[01:35:57.480 --> 01:35:59.480]  The letter is supposed to expire.
[01:35:59.480 --> 01:36:00.480]  They're supposed to send you another letter.
[01:36:00.480 --> 01:36:02.480]  That letter is supposed to expire.
[01:36:02.480 --> 01:36:10.480]  They've got to follow up with X amount of phone calls that's in the lenders, in the investors, in the services guidelines.
[01:36:10.480 --> 01:36:13.480]  Like I said, Texas, go ahead.
[01:36:13.480 --> 01:36:25.480]  I was going to say, in my case, they actually told me that they had all the documentation they needed and it all looked good and they were going to consider it all.
[01:36:25.480 --> 01:36:26.480]  Unbelievable.
[01:36:26.480 --> 01:36:32.480]  Randy, you and I were talking earlier during the show about the other client that I had.
[01:36:32.480 --> 01:36:33.480]  They did the same thing too.
[01:36:33.480 --> 01:36:36.480]  One minute he was approved, the next minute he was declined.
[01:36:36.480 --> 01:36:44.480]  He would never know from one week to the next where he actually stood.
[01:36:44.480 --> 01:36:49.480]  With him, he just did exactly what they told him to do.
[01:36:49.480 --> 01:36:50.480]  Send in these payments.
[01:36:50.480 --> 01:36:52.480]  He'd send the payments in for four months.
[01:36:52.480 --> 01:36:54.480]  They'd tell him he was denied.
[01:36:54.480 --> 01:37:00.480]  This guy must have spent $10,000, $15,000 on fees that went nowhere.
[01:37:00.480 --> 01:37:04.480]  And last I heard, he was still in foreclosure.
[01:37:04.480 --> 01:37:12.480]  They had me to pay about $12,000 and they were saying I had to make those payments regardless of whether or not I had received the handpaper work.
[01:37:12.480 --> 01:37:20.480]  I get very meticulous notes every time I would call Wells Fargo and I would ask the agent's name and ID and I'd keep notes of what they told me.
[01:37:20.480 --> 01:37:25.480]  And I'd have one agent say, oh, it looks like you were approved for a loan modification on such and such a date.
[01:37:25.480 --> 01:37:31.480]  Okay, well, it looks like I was or I was because the guy I just talked to yesterday said I was denied.
[01:37:31.480 --> 01:37:33.480]  Oh, well, it looks like you were.
[01:37:33.480 --> 01:37:38.480]  And then the next week or so they'd tell me, well, you know, you were denied for a loan modification, right?
[01:37:38.480 --> 01:37:43.480]  No, because agent so-and-so told me it was approved and this is exactly why.
[01:37:43.480 --> 01:37:54.480]  You either send me something in writing telling me I'm denied or you send me something in writing with all the terms and conditions of what you're reportedly offering me and if I like it, I'll sign it.
[01:37:54.480 --> 01:38:02.480]  And they did everything they could to resist actually putting anything in writing.
[01:38:02.480 --> 01:38:05.480]  Yep, that's how they do it.
[01:38:05.480 --> 01:38:14.480]  One of the interesting things in Texas is we have statutory pre-litigation discovery.
[01:38:14.480 --> 01:38:25.480]  So we may want to work on using that and most other states have some form of pre-litigation discovery.
[01:38:25.480 --> 01:38:35.480]  All of this sets the record for appeal and that essentially is all we're doing is creating claims that we can make.
[01:38:35.480 --> 01:38:44.480]  And the more you talk about this modification issue, the more potential claims I'm finding.
[01:38:44.480 --> 01:38:48.480]  This issue of how many times they have to call.
[01:38:48.480 --> 01:38:52.480]  Oh, that could be great fun.
[01:38:52.480 --> 01:39:04.480]  Is this, I take it these are, this is a federal requirement and not so they're going to be consistent across the United States?
[01:39:04.480 --> 01:39:07.480]  Well, I'm not exactly sure.
[01:39:07.480 --> 01:39:20.480]  I just know that when I worked at Bank of America, they have a soft decline process where we would look and we would actually go in and count the calls.
[01:39:20.480 --> 01:39:23.480]  Sometimes did the bank call this customer?
[01:39:23.480 --> 01:39:29.480]  Okay, it was a call on this state, this state, this state, this state and it had to be done in a certain window.
[01:39:29.480 --> 01:39:33.480]  So if those call requirements were met, we'd move to the next one.
[01:39:33.480 --> 01:39:36.480]  Okay, did he get the required amount of letters?
[01:39:36.480 --> 01:39:40.480]  Okay, the letter was sent here and expired here, sent here, expired here.
[01:39:40.480 --> 01:39:42.480]  Okay, all the rules have been met.
[01:39:42.480 --> 01:39:45.480]  We can now proceed into foreclosure on this guy.
[01:39:45.480 --> 01:39:52.480]  But if those requirements weren't met, we'd have to satisfy them first before we can send it to foreclosure.
[01:39:52.480 --> 01:39:55.480]  But what they're doing is they're not even looking at the rules.
[01:39:55.480 --> 01:39:58.480]  They're just, they're just going forward and foreclosing anyway.
[01:39:58.480 --> 01:40:01.480]  And unless you challenge them, they're not going to back up.
[01:40:01.480 --> 01:40:12.480]  What is the, what are the ramifications to the foreclosing agent if he fails to follow these rules?
[01:40:12.480 --> 01:40:17.480]  The agent as in the trustee or?
[01:40:17.480 --> 01:40:21.480]  Yeah, whoever's doing the foreclosure.
[01:40:21.480 --> 01:40:25.480]  Well, I think what would happen would just be what happened with this gentleman on the phone here now.
[01:40:25.480 --> 01:40:35.480]  They would, if you bring up the fact that the rules weren't followed, they'll just retract it, comply and then go back with the foreclosure.
[01:40:35.480 --> 01:40:37.480]  Okay, I'm really looking for something else.
[01:40:37.480 --> 01:40:39.480]  I'm looking for remedy.
[01:40:39.480 --> 01:40:44.480]  Who, okay, these rules, are these the investors' rules?
[01:40:44.480 --> 01:40:46.480]  These, right, these are the investors' rules.
[01:40:46.480 --> 01:40:49.480]  So if it was an FHA long deal, it would be FHA guidelines.
[01:40:49.480 --> 01:41:00.480]  And how would the investor, why would the investor have these guidelines?
[01:41:00.480 --> 01:41:07.480]  What I'm looking for is who would have a claim based on a violation of these rules?
[01:41:07.480 --> 01:41:10.480]  See, the tough thing is that no one knows the rules.
[01:41:10.480 --> 01:41:13.480]  I only knew the rules because I worked there.
[01:41:13.480 --> 01:41:18.480]  But I don't know how a homeowner would even be aware of those rules.
[01:41:18.480 --> 01:41:24.480]  And if he did, what the, you know, what, what, what, what recourse he would have.
[01:41:24.480 --> 01:41:30.480]  Okay, I can foresee some really nice discovery questions.
[01:41:30.480 --> 01:41:31.480]  In my case.
[01:41:31.480 --> 01:41:32.480]  Do you?
[01:41:32.480 --> 01:41:33.480]  Go ahead.
[01:41:33.480 --> 01:41:41.480]  Yes, I pulled everything related to the pool and the trust and the pooling and servicing agreement.
[01:41:41.480 --> 01:41:49.480]  Literally, it's probably a couple thousand pages worth of stuff governing the pool and the investors and everything.
[01:41:49.480 --> 01:41:56.480]  And there's absolutely nothing in any of that about procedures that they have to follow with regard to loan modification,
[01:41:56.480 --> 01:41:59.480]  in terms of how many times they have to call and all that.
[01:41:59.480 --> 01:42:01.480]  But Randy.
[01:42:01.480 --> 01:42:04.480]  Yeah, I think, I think Winston, you're going to foreclose you, right?
[01:42:04.480 --> 01:42:07.480]  This is not loan modification.
[01:42:07.480 --> 01:42:12.480]  No, these are, okay, doing the loan modification process.
[01:42:12.480 --> 01:42:14.480]  The clock is ticking.
[01:42:14.480 --> 01:42:15.480]  Okay.
[01:42:15.480 --> 01:42:25.480]  And as we're working through the modification, if the client has, has not responded, let's say, for example, we're missing page three of the tax return.
[01:42:25.480 --> 01:42:26.480]  And we've asked him for it.
[01:42:26.480 --> 01:42:27.480]  He doesn't send it in.
[01:42:27.480 --> 01:42:28.480]  We asked him for it.
[01:42:28.480 --> 01:42:29.480]  He doesn't send it in.
[01:42:29.480 --> 01:42:32.480]  We're supposed to make X amount of phone calls requesting it.
[01:42:32.480 --> 01:42:37.480]  And if he doesn't comply, we're supposed to notate that he hasn't complied.
[01:42:37.480 --> 01:42:43.480]  But he, but, but, but he has to know it's missing before we could accuse him of not responding.
[01:42:43.480 --> 01:42:44.480]  You know what I'm saying?
[01:42:44.480 --> 01:42:45.480]  Yes.
[01:42:45.480 --> 01:42:49.480]  So it's, it's that it's those guidelines of, well, how many times did you ask him?
[01:42:49.480 --> 01:42:52.480]  Well, how many times did you ask him in the 30 day period?
[01:42:52.480 --> 01:43:03.480]  It has to be a clear cut definite steps that we have to take before that we can submit the policy foreclosure.
[01:43:03.480 --> 01:43:21.480]  So we would want to ask what guidelines has the foreclosing entity established to ensure a fair and equitable treatment of the borrower?
[01:43:21.480 --> 01:43:22.480]  Yes.
[01:43:22.480 --> 01:43:26.480]  I imagine that if we, if, if you picked up the phone and you spoke to your counselor back
[01:43:26.480 --> 01:43:30.480]  from America and you asked them, what kind of loan do I have?
[01:43:30.480 --> 01:43:34.480]  If they, you know, sometimes they won't tell you what if, if you know what kind of loan you have?
[01:43:34.480 --> 01:43:36.480]  Well, I have a Freddie Mac loan.
[01:43:36.480 --> 01:43:37.480]  What are, what are the F?
[01:43:37.480 --> 01:43:44.480]  What is the Freddie Mac guideline regarding how many phone calls and how many letters they have to tell you?
[01:43:44.480 --> 01:43:45.480]  Oh, wonderful.
[01:43:45.480 --> 01:43:49.480]  And we can find this information.
[01:43:49.480 --> 01:43:51.480]  Okay. Hang on.
[01:43:51.480 --> 01:43:52.480]  We're going to break.
[01:43:52.480 --> 01:43:55.480]  This is Randy Kelton, Debbie Stevens, and Craig.
[01:43:55.480 --> 01:43:59.480]  When we leave the live radio, we'll be right back.
[01:43:59.480 --> 01:44:05.480]  It is so enlightening to listen to 90.1 FM, but finding things on the Internet isn't so easy.
[01:44:05.480 --> 01:44:08.480]  And neither is finding like-minded people to share it with.
[01:44:08.480 --> 01:44:10.480]  Oh, well, I guess you haven't heard of Brave New Books then.
[01:44:10.480 --> 01:44:12.480]  Brave New Books?
[01:44:12.480 --> 01:44:19.480]  Yes. Brave New Books has all the books and DVDs you're looking for by authors like Alex Jones, Ron Paul, Angie Edward Griffin.
[01:44:19.480 --> 01:44:23.480]  They even stock inner food, Berkey products, and Calvin Soaps.
[01:44:23.480 --> 01:44:25.480]  There's no way a place like that exists.
[01:44:25.480 --> 01:44:27.480]  Go check it out for yourself.
[01:44:27.480 --> 01:44:31.480]  It's downtown at 1904 Guadalupe Street, just south of UT.
[01:44:31.480 --> 01:44:35.480]  Oh, by UT? There's never anywhere to park down there.
[01:44:35.480 --> 01:44:42.480]  See, they now offer a free hour of parking for paying customers at the 500 MLK parking facility just behind the bookstore.
[01:44:42.480 --> 01:44:46.480]  It does exist, but when are they open?
[01:44:46.480 --> 01:44:51.480]  Monday through Saturday, 11 a.m. to 9 p.m. and 1 to 6 p.m. on Sundays.
[01:44:51.480 --> 01:44:59.480]  So get them a call at 512-480-2503 or check out their events page at bravenewbookstore.com.
[01:44:59.480 --> 01:45:03.480]  Are you the plaintiff or defendant in a lawsuit?
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[01:46:21.480 --> 01:46:43.480]  Okay, we are back.
[01:46:43.480 --> 01:46:53.480]  David Kelton, Debra Stephens, Eddie Craig with Law Radio, with Winston Wallace, and we're going to go to...
[01:46:53.480 --> 01:46:56.480]  Wait a minute, let's go back to Johnny.
[01:46:56.480 --> 01:46:59.480]  Johnny, did you have anything else for us?
[01:46:59.480 --> 01:47:04.480]  Yeah, let me just throw a couple things out quickly and let you guys discuss it.
[01:47:04.480 --> 01:47:07.480]  I'll drop off and let the other callers have the rest of the time.
[01:47:07.480 --> 01:47:25.480]  But a couple years back, you remember the Office of the Comptroller, the currency of the United States, and the Treasury issued a bunch of enforcement actions and consent orders against the 25 and 27 largest lenders and servicers.
[01:47:25.480 --> 01:47:38.480]  And in enforcement actions, they break down some of the things that they did wrong, and I think they do go into some of the things that the lenders and servicers did wrong in the modification process.
[01:47:38.480 --> 01:47:42.480]  So that may be one place to look to get an idea of the procedures.
[01:47:42.480 --> 01:47:56.480]  And the other thing is, earlier in the show, you were talking about how do we set them up.
[01:47:56.480 --> 01:48:13.480]  It's considered collection activity, so it seems like everything they're doing is related to...
[01:48:13.480 --> 01:48:15.480]  Yeah, it's federal.
[01:48:15.480 --> 01:48:18.480]  Well, is it 4 Circuit Wilson?
[01:48:18.480 --> 01:48:22.480]  I don't know if it's Wilson, but I know it's 4th Circuit.
[01:48:22.480 --> 01:48:25.480]  Okay, then it's going to be the Wilson case.
[01:48:25.480 --> 01:48:28.480]  The 5th Circuit is split on this issue.
[01:48:28.480 --> 01:48:30.480]  Yes, I know they are.
[01:48:30.480 --> 01:48:34.480]  Yeah, they shouldn't be, but...
[01:48:34.480 --> 01:48:36.480]  And that's kind of a problem.
[01:48:36.480 --> 01:48:44.480]  You know, the 5th Circuit rules the other way, and we're in the 5th, and it's probably the most corrupt in the country.
[01:48:44.480 --> 01:48:52.480]  The loan modification process and their activities related to it could be considered collection activities.
[01:48:52.480 --> 01:49:00.480]  That might be one way to set them up under FDCPA, and also maybe look into the aspect under contract law.
[01:49:00.480 --> 01:49:06.480]  What are the implications when somebody who is not a real party in interest has no rights
[01:49:06.480 --> 01:49:10.480]  and interest to the contract comes along and modifies the contract?
[01:49:10.480 --> 01:49:16.480]  So, with that, I'll drop off and let the callers, the other callers, have the rest of the time.
[01:49:16.480 --> 01:49:27.480]  We were kind of discussing this on the break, how to know what the rules are for closure,
[01:49:27.480 --> 01:49:33.480]  and I was trying to sort that out, and it apparently doesn't come from the bank itself,
[01:49:33.480 --> 01:49:43.480]  but comes from the investor, Fannie Mae, Freddie Mac, whoever is actually holding the loan, is the one that lays down the requirements for what they should do.
[01:49:43.480 --> 01:49:54.480]  So, this will work well because once we have that information from the investor, that's going to be pretty well standard,
[01:49:54.480 --> 01:50:03.480]  and then we can come back to the foreclosing agent and ask for evidence of compliance with these requirements.
[01:50:03.480 --> 01:50:12.480]  If they're acting as an agent for the investor and they fail to follow the guidelines of the investor,
[01:50:12.480 --> 01:50:30.480]  then we can maintain that they're acting in ultravirus outside the limits of their contractual agreement with the investor and therefore lack agency.
[01:50:30.480 --> 01:50:40.480]  They didn't contract with the agent, with the principal to do a foreclosure that did not meet the requirements of the principal.
[01:50:40.480 --> 01:50:46.480]  So, when they're beyond that, they're on their own. That's definitely a claim we can make.
[01:50:46.480 --> 01:50:52.480]  We do have one more caller. We're going to go to Chris in Texas.
[01:50:52.480 --> 01:50:55.480]  Okay, Chris, what do you have for us today?
[01:50:55.480 --> 01:51:01.480]  I don't mean to shoot your conversation in the foot here, as far as what you're talking about,
[01:51:01.480 --> 01:51:08.480]  but I'm going to move this off into a land of about seven months ago.
[01:51:08.480 --> 01:51:12.480]  Okay, be careful. I have my mic taser on.
[01:51:12.480 --> 01:51:28.480]  When I first started calling Rule of Law, I started calling you about an issue that I've gone through where the police come in and rob my house of every computer that we have.
[01:51:28.480 --> 01:51:44.480]  Well, now it's been seven months. There's not been anything come of it, and I would like to know what in the world do I need to file to basically say, hey, you know,
[01:51:44.480 --> 01:52:00.480]  the rent to a speedy trial has far surpassed and gone back because we're at seven months mark, going on eight months mark, and there's, you know, nothing's happened.
[01:52:00.480 --> 01:52:07.480]  Okay, go down to the property room of the department that did the raid.
[01:52:07.480 --> 01:52:23.480]  Ask for an inventory of the property and then petition a court to allow you to examine the property.
[01:52:23.480 --> 01:52:38.480]  And petition the court for the return of the problem motion to dismiss for lack of prosecution and petition to examine the property. Your computer is probably some some police officers desk as we speak.
[01:52:38.480 --> 01:52:54.480]  I know I'm high up on the feds watch list and this is goes to the reason I am. I was in Pennsylvania and a guy there was afraid he was going to be rated by the police work. This is several years ago.
[01:52:54.480 --> 01:53:15.480]  And I had people calling in about being rated by FBI IRS, ATF and US Marshals with sealed warrants that come in, take everything they had and then just disappear and then never any litigation come of it.
[01:53:15.480 --> 01:53:32.480]  So I went down to the to the federal court in Philadelphia, and it was talking to one of the clerks there and ask him, How do you locate a sealed warrant? He said, Well, you can't.
[01:53:32.480 --> 01:53:46.480]  I said, Well, don't want to have cause numbers. Oh, yeah. When when a warrant is issued, we issue a cause number. So those cause numbers should be in the record. Oh, no.
[01:53:46.480 --> 01:54:06.480]  Do we really know? No. Oh, no. When you know, I explained to him what I thought was going on. I think these federal agents are taking a sealed warrant to the local policing agencies and telling them to have the warrant to search and seize at this location.
[01:54:06.480 --> 01:54:18.480]  We want you to run security. So the police come out there, drag everybody out of the house and hold them outside while the feds go in, steal anything they want and then they disappear.
[01:54:18.480 --> 01:54:21.480]  The warrants focus.
[01:54:21.480 --> 01:54:37.480]  And so I explained that to the clerk and he got it. So I said, Well, if the warrants been issued, how could you tell? He said, Well, if it's been issued and sealed, you can't tell.
[01:54:37.480 --> 01:54:54.480]  I said, Well, don't you issue a cause number for each one? Oh, yeah. Do you have a special file or numbering system for those? Oh, no. We just issue a number in the normal course of things. But I can't find it. Oh, no.
[01:54:54.480 --> 01:55:09.480]  Well, why couldn't I find it? And he looks to one side, he looks to the other and he says, Because the number is not in the record.
[01:55:09.480 --> 01:55:28.480]  And I'm standing, he's looking at me like, Come on, come on, figure it out. I can't tell you. And I stood there a minute. Oh, they issue the warrant. They put the warrant number in the record.
[01:55:28.480 --> 01:55:39.480]  The judge seals the warrant. They removed the number from the record. So all I have to do is go through and see which numbers are missing.
[01:55:39.480 --> 01:56:02.480]  So I made up a request and sent it to every federal magistrate in Pennsylvania, demanding the cause numbers for all warrants that had been issued by the magistrate sealed and subsequently executed so that I could petition the district court for rid of
[01:56:02.480 --> 01:56:25.480]  the condamnus, demanding that the magistrate appear before the court and show causes to why the warrant was still sealed. Not one magistrate responded. But I never heard of any of those searches and seizures since then.
[01:56:25.480 --> 01:56:30.480]  Chris, this sounds like your local police are pulling the same crapola.
[01:56:30.480 --> 01:56:48.480]  Yeah, what you just described is all sounds all too familiar because there's never been a cause number issued. There's, you know, they still to this day say there's no cause number, even though they arrested me, you know, claim they charged me with
[01:56:48.480 --> 01:57:04.480]  something and file criminal charges against the prosecuting attorney for false imprisonment. All the police are members of the prosecutorial team.
[01:57:04.480 --> 01:57:23.480]  And they did not get a warrant to search and seize without participation of the prosecuting attorney file criminal charges against the district attorney for theft by deception, and he will get your stuff back to you.
[01:57:23.480 --> 01:57:29.480]  Okay. And how do I find out who the prosecuting attorney is?
[01:57:29.480 --> 01:57:42.480]  The elected district attorney is respond to yet superior. You don't care about any of those low level scum sunk sucking chomps. You go after the head of the snake.
[01:57:42.480 --> 01:58:00.480]  Ah, okay. And he probably had nothing to do with it. And when he gets charged, he is going to go ballistic. You have a brother that we're going to go down and file against a federal judge. You might just add yours to the mix,
[01:58:00.480 --> 01:58:09.480]  include a complaint against the prosecuting attorney. And then if they attempt to interfere, then they really stepped in at big time.
[01:58:09.480 --> 01:58:20.480]  All right. So we need to, we need to get this worked up. And I would be about out of time, but I'll work up the declaratory judgments this week. I want to have all those ready.
[01:58:20.480 --> 01:58:33.480]  So we're going to have a lot done this week. I hope this is Randy Kelton, Deborah Stevens, rule of law radio. Thank you all for listening on our four hour info marathon.
[01:58:33.480 --> 01:58:46.480]  And this is the 22nd of March. I didn't do that at the beginning. Shame on me. We will be back next week. Eddie and Deborah will be back Monday. I'll be back Thursday and Friday. Thank you for listening.
[01:58:46.480 --> 01:58:49.480]  And good night.
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