ROL_2013-05-03_16k_Hr3-4.timecode

[00:00.000 --> 00:08.400]  You're listening to the Liberty Beat, your daily source for Liberty news and activist
[00:08.400 --> 00:09.400]  updates.
[00:09.400 --> 00:15.120]  Online at thelibertybeats.com.
[00:15.120 --> 00:18.840]  John Bush here with your Liberty Beat for May 3rd, 2013.
[00:18.840 --> 00:26.720]  Gold opened today at $1,464, silver at $23.84, and bitcoin is trading at $80.46.
[00:26.720 --> 00:30.360]  Support for the Liberty Beat comes from Capital City Automotive, Honest, Reliable, and Affordable
[00:30.360 --> 00:32.760]  Auto Repair for vehicles, foreign and domestic.
[00:32.760 --> 00:42.160]  Located at 1802 South Congress, by phone at 512-447-2886, and online at capitalcityautoaustin.com.
[00:42.160 --> 00:43.600]  And now the news.
[00:43.600 --> 00:48.480]  According to a poll conducted by the Farlay Dickinson University, 29% of registered voters
[00:48.480 --> 00:52.840]  think that an armed revolution may be unavoidable in the next few years to preserve our civil
[00:52.840 --> 00:53.840]  liberties.
[00:53.840 --> 00:58.480]  The poll surveyed 863 registered voters and focused on both gun control and the possibility
[00:58.480 --> 01:00.360]  of an armed revolution in the United States.
[01:00.360 --> 01:05.000]  The poll specifically asked the registered voters whether they agreed, disagreed, neither
[01:05.000 --> 01:09.720]  agreed nor disagreed, did not know or refuse to answer the following statement, in the
[01:09.720 --> 01:13.800]  next few years an armed revolution might be necessary in order to protect our liberties.
[01:13.800 --> 01:21.320]  The results showed that 29% agreed, 47% disagreed, 18% neither agreed nor disagreed, 5% said
[01:21.320 --> 01:24.520]  they were unsure and just 1% refused to answer.
[01:24.520 --> 01:28.200]  These figures demonstrate the public's growing frustration with overbearing powers of the
[01:28.200 --> 01:34.520]  current administration.
[01:34.520 --> 01:38.240]  According to a new scientific study completed by the University of California, Berkeley,
[01:38.240 --> 01:42.120]  several metals found inside lipsticks and chapsticks could be carcinogous and dangerous
[01:42.120 --> 01:43.640]  to long-term health.
[01:43.640 --> 01:47.440]  Products included inside the generic store-bought lipstick compounds were chromium, aluminum,
[01:47.440 --> 01:49.240]  cadmium, and of course lead.
[01:49.240 --> 01:52.560]  The study also proved that many of the lip products contained very high concentrations
[01:52.560 --> 01:56.280]  of aluminum and titanium, according to the San Jose Mercury News.
[01:56.280 --> 02:01.140]  In addition, lipsticks were found to overwhelmingly contain hexavalent chromium, which is a carcinogen
[02:01.140 --> 02:04.280]  linked strongly to developing stomach cancer in individuals.
[02:04.280 --> 02:07.880]  This current time, the FDA does not regulate the high content of heavy metals found in
[02:07.880 --> 02:16.480]  lipstick and cosmetic materials sold throughout North America.
[02:16.480 --> 02:20.560]  The National Rifle Association is meeting in Houston, Texas this weekend and already
[02:20.560 --> 02:24.600]  drawing crowds to the amount of tens of thousands of people after recent efforts to exert new
[02:24.600 --> 02:27.380]  gun control legislation and the U.S. Congress failed.
[02:27.380 --> 02:30.960]  According to Reuters, 70,000 people are expected to appear at the conference and rally dubbed
[02:30.960 --> 02:34.840]  the Stand and Fight Rally, which will feature keynote speakers like Glenn Beck and politicians
[02:34.840 --> 02:38.520]  including Governor Rick Perry of Texas and Governor Bobby Jindal of Louisiana.
[02:38.520 --> 02:42.960]  Houston, currently the United States' fourth-largest city in population, is already experiencing
[02:42.960 --> 02:47.160]  heightened security after a man shot his firearm at Houston's George Bush Intercontinental
[02:47.160 --> 02:51.080]  Airport and was later shot dead on the spot apparently by an agent of the Department of
[02:51.080 --> 02:52.080]  Homeland Security.
[02:52.080 --> 02:55.820]  At this time, conflicting reports relay the man either committed suicide or was murdered
[02:55.820 --> 03:14.760]  by an agent of Homeland Security, however, no evidence exists that it was in fact a suicide.
[03:14.760 --> 03:29.560]  The National Rifle Association is meeting in Houston, Texas this weekend and already
[03:29.560 --> 03:42.560]  drawing crowds to the amount of tens of thousands of people after recent efforts to exert new
[03:42.560 --> 04:02.360]  gun control legislation and the U.S. Department of Homeland Security, which will feature keynote
[04:02.360 --> 04:06.560]  speakers like Glenn Beck and politicians including Governor Rick Perry of Texas and Governor
[04:06.560 --> 04:07.560]  Bobby Jindal of Louisiana.
[04:07.560 --> 04:13.880]  Before we start taking calls, there was one more quick section that was the very next
[04:13.880 --> 04:18.680]  one and it was important enough, we felt like we should go over it.
[04:18.680 --> 04:22.960]  It's creating the record.
[04:22.960 --> 04:32.000]  Understand that according to Dr. Frederick Graves, the author of Jurisdictionary, when
[04:32.000 --> 04:40.680]  you go into a trial court, all you're doing is setting the record for appeal.
[04:40.680 --> 04:49.800]  I get so many people called in that are, they feel frustrated, betrayed and totally defeated
[04:49.800 --> 04:56.280]  when some two bit chump judge reads the rules against them.
[04:56.280 --> 04:59.960]  Do not worry what the judge rules.
[04:59.960 --> 05:07.680]  All you're doing in the trial court is setting the record for appeal.
[05:07.680 --> 05:13.400]  Get all of your issues on the record and let the judge do whatever he's going to do because
[05:13.400 --> 05:19.920]  when you get to the Court of Appeals, they have a whole different agenda than the local
[05:19.920 --> 05:21.560]  trial court does.
[05:21.560 --> 05:26.440]  The trial court, they're swayed by every political pressure that comes along.
[05:26.440 --> 05:35.840]  The primary political pressure on the appeals courts is maintaining the corpus juris.
[05:35.840 --> 05:43.000]  Any ruling they give, all the lawyers can use in the lower courts.
[05:43.000 --> 05:48.920]  The Court of Appeals has to be more careful in what they do so that they don't disrupt
[05:48.920 --> 05:52.520]  the jurisprudence.
[05:52.520 --> 05:53.960]  We have a couple of callers.
[05:53.960 --> 05:58.000]  We're going to go to Johnny in Texas.
[05:58.000 --> 05:59.000]  Johnny.
[05:59.000 --> 06:00.000]  Oops.
[06:00.000 --> 06:01.000]  Hold on.
[06:01.000 --> 06:02.160]  Let me open up this thing.
[06:02.160 --> 06:03.520]  I can't see how to unmute you.
[06:03.520 --> 06:04.520]  That might help.
[06:04.520 --> 06:05.520]  Oh yeah.
[06:05.520 --> 06:06.520]  There we go.
[06:06.520 --> 06:07.520]  Okay.
[06:07.520 --> 06:08.520]  Whoops.
[06:08.520 --> 06:09.520]  Hit the wrong one.
[06:09.520 --> 06:10.520]  You're going to have to take a minute.
[06:10.520 --> 06:11.520]  Okay.
[06:11.520 --> 06:12.520]  Got it.
[06:12.520 --> 06:13.520]  You need a button-pushing course.
[06:13.520 --> 06:14.520]  Yes, I do.
[06:14.520 --> 06:15.520]  Johnny, what do you have for us?
[06:15.520 --> 06:16.520]  Hey, guys.
[06:16.520 --> 06:29.400]  First of all, I'd like to give public notice that these kids owe me some beer money.
[06:29.400 --> 06:33.320]  Oh, your beer money?
[06:33.320 --> 06:38.520]  I take the silence as acquiescence.
[06:38.520 --> 06:43.080]  I just wanted to comment on a couple of things that you guys have been talking about before
[06:43.080 --> 06:46.680]  I get to the specific reason that I called.
[06:46.680 --> 06:52.240]  A little bit earlier, you guys were talking about in Texas courts that the only issue
[06:52.240 --> 06:58.720]  is right of possession, and they do try to stick to that.
[06:58.720 --> 07:05.800]  However, I have found some case law that says, when the issue of immediate possession requires
[07:05.800 --> 07:10.240]  resolution of a title dispute, neither the justice court nor the county court at law
[07:10.240 --> 07:14.200]  have jurisdiction to render a judgment for possession.
[07:14.200 --> 07:21.280]  That's Elwell 267, Southwestern 3D at 568.
[07:21.280 --> 07:23.760]  There's a whole bunch of other cases behind that.
[07:23.760 --> 07:29.280]  Specifically, if the question of title is so intertwined with the issue of possession,
[07:29.280 --> 07:34.760]  then possession may not be adjudicated without first determining title.
[07:34.760 --> 07:39.720]  And that comes from a Texas Supreme Court case, and there's others citing that.
[07:39.720 --> 07:43.960]  Sorry, I just wanted to, I don't know if you, go ahead.
[07:43.960 --> 07:51.900]  Every time when we have someone going into a justice court, we always want them to go
[07:51.900 --> 08:00.800]  in first with a challenge to subject matter jurisdiction, claiming a, asserting a claim
[08:00.800 --> 08:03.080]  against the title.
[08:03.080 --> 08:10.000]  Now, whether you can prove up the claim or not is not relevant.
[08:10.000 --> 08:16.120]  Making the claim against the title denies the justice of subject matter jurisdiction,
[08:16.120 --> 08:20.800]  because the only one who can adjudicate the claim will be the district court.
[08:20.800 --> 08:27.680]  And we've been filing in the federal courts, and when the judge overrules to challenge
[08:27.680 --> 08:33.120]  the subject matter jurisdiction, then we drop a removal on them.
[08:33.120 --> 08:39.840]  In looking at how this is working, I'm beginning to think we may get more traction.
[08:39.840 --> 08:51.400]  If we file our, we file an action in the district court in the form of a petition for declaratory
[08:51.400 --> 09:00.160]  judgment or a 51-903, that's a special statute in Texas that goes to the deed of trust.
[09:00.160 --> 09:07.480]  If we file either one of those, the JP justice of the peace court is more likely to understand
[09:07.480 --> 09:18.200]  the distinction because that is a filing that goes directly to title.
[09:18.200 --> 09:27.560]  And he said, JP courts are not necessarily learned counsel in the larger cities and such.
[09:27.560 --> 09:32.360]  They tend to be learned counsel, but they're not necessarily, and a lot of them really
[09:32.360 --> 09:34.820]  don't understand these distinctions.
[09:34.820 --> 09:43.440]  Like the one you had, John, where the judge ignored the removal, he did not seem to understand
[09:43.440 --> 09:49.160]  how definitive that removal was, or he wouldn't have done that.
[09:49.160 --> 09:53.840]  So a lot of times they don't understand, and it may work out better if we do the district
[09:53.840 --> 09:54.840]  court.
[09:54.840 --> 10:00.240]  We start filing a petition for declaratory judgment in the district court immediately,
[10:00.240 --> 10:07.560]  and then come to the JP and say, we have this district court challenge to try to title.
[10:07.560 --> 10:09.040]  That negates your jurisdiction.
[10:09.040 --> 10:12.000]  We may get those eviction hearings stopped more easily.
[10:12.000 --> 10:15.800]  What do you think, John?
[10:15.800 --> 10:21.040]  I tend to agree with you on the declaratory judgment part, and what I did in my case in
[10:21.040 --> 10:27.200]  the JP court is I filed a challenge to subject matter jurisdiction.
[10:27.200 --> 10:28.960]  It was based in part on title issues.
[10:28.960 --> 10:36.240]  It was also based on agency standing and capacity, and was framed from the standpoint of because
[10:36.240 --> 10:42.520]  of these things, the plaintiff doesn't have standing to invoke the subject matter jurisdiction
[10:42.520 --> 10:43.520]  of the court.
[10:43.520 --> 10:46.040]  The judge saw that and said, I see some title stuff in here.
[10:46.040 --> 10:51.880]  I can't hear that here, and he didn't deny the motion.
[10:51.880 --> 10:53.680]  He didn't rule for or against it.
[10:53.680 --> 10:55.480]  He just did not rule on it at all.
[10:55.480 --> 10:57.720]  He just ignored it like it wasn't there.
[10:57.720 --> 11:04.080]  So I turned around and found a bunch of case law that talks about how once subject matter
[11:04.080 --> 11:09.440]  jurisdiction is challenged, that you cannot get to the merits of the case.
[11:09.440 --> 11:13.480]  Everything has to stop, and they have to adjudicate the issues that are raised and decide on them
[11:13.480 --> 11:18.960]  and rule on them before they can go forward, and some other case law showing how failure
[11:18.960 --> 11:24.560]  to do that is a denial of due process, official oppression, abuse of official capacity, and
[11:24.560 --> 11:25.560]  all.
[11:25.560 --> 11:30.000]  So I turned around and filed a bunch of criminal charges on him for that, for just flat out
[11:30.000 --> 11:31.000]  ignoring the motion.
[11:31.000 --> 11:35.600]  I mean, you know, he needs to either grant it or deny it and state the reasons that he
[11:35.600 --> 11:36.600]  denies it.
[11:36.600 --> 11:39.440]  In this case, he just completely ignored it.
[11:39.440 --> 11:45.640]  His failure to rule on it goes to sedition and outlawry.
[11:45.640 --> 11:46.640]  Yeah.
[11:46.640 --> 11:53.360]  And it's a denial of due process and abuse of official capacity, official oppression.
[11:53.360 --> 11:59.400]  It is incompetence and official misconduct as defined by Chapter 87 local government
[11:59.400 --> 12:00.400]  code.
[12:00.400 --> 12:01.600]  It's a whole bunch of things.
[12:01.600 --> 12:09.040]  I don't think he realized how much he was screwing up by just simply ignoring that motion.
[12:09.040 --> 12:14.000]  And from our side, that's probably a good thing, if primarily what we're doing is trying
[12:14.000 --> 12:17.880]  to keep these guys stopped in their tracks.
[12:17.880 --> 12:25.920]  Once you hammer this JP big time, then the next JP that steps in his shoes is going to
[12:25.920 --> 12:30.600]  look at this and you're going to say, next.
[12:30.600 --> 12:31.600]  Yeah.
[12:31.600 --> 12:33.400]  I almost feel like I should send the guy a thank you letter.
[12:33.400 --> 12:39.040]  I'll wait and see what the grand jury does with the complaints that they have.
[12:39.040 --> 12:43.600]  When I was in basic training, they ran us through the obstacle course and we got to
[12:43.600 --> 12:50.520]  this wall about 30 feet tall and you had to grab a rope and walk up the wall and climb
[12:50.520 --> 12:52.320]  to the top of it.
[12:52.320 --> 12:59.160]  The kid right in front of me, first kid in line, goes up to the top real easy and instead
[12:59.160 --> 13:03.600]  of holding the rope and put one hand on the rail at the top, he reached for the rail with
[13:03.600 --> 13:10.760]  both hands, landed in front of me with his arm behind him, broke his arm, dislocated
[13:10.760 --> 13:11.760]  his shoulder.
[13:11.760 --> 13:17.600]  They come out with a stretcher, put him on the stretcher, walked off and the drill instructor
[13:17.600 --> 13:24.120]  said, next.
[13:24.120 --> 13:27.560]  This is the feeling we want the judge to have.
[13:27.560 --> 13:36.400]  I just wanted to throw that case at you regarding adjudication of title issues.
[13:36.400 --> 13:42.040]  Another thing you guys mentioned earlier in the program was filing complaints on notaries
[13:42.040 --> 13:45.320]  with the secretary of state's office.
[13:45.320 --> 13:48.560]  I do recommend that you do that and I've got a lot of complaints with the secretary of
[13:48.560 --> 13:55.800]  state right now, but a failure to comply with an open records request is also addressed
[13:55.800 --> 14:00.400]  by 552.353A of the Texas Government Code.
[14:00.400 --> 14:05.440]  It's failure or refusal of officer public information to provide access to or copying
[14:05.440 --> 14:12.920]  of public information and it is punishable by a fine of up to $1,000, confinement in
[14:12.920 --> 14:16.920]  the county jail for up to six months or both.
[14:16.920 --> 14:26.000]  It used to be defined as official misconduct, a Class A misdemeanor, but six months would
[14:26.000 --> 14:28.360]  lower it to a Class B misdemeanor.
[14:28.360 --> 14:33.480]  Well, yeah, actually subsection F does say a violation under this section constitutes
[14:33.480 --> 14:36.560]  official misconduct.
[14:36.560 --> 14:40.560]  That would be a Class A misdemeanor then, good.
[14:40.560 --> 14:48.960]  And then 406.018, removal from office says a notary public guilty of willful neglect
[14:48.960 --> 14:53.840]  of duty or malfeasance in office may be removed from office in the manner provided by law.
[14:53.840 --> 14:59.360]  Notary public indicted for and convicted of a willful neglect of duty or official misconduct
[14:59.360 --> 15:02.120]  shall be removed from office.
[15:02.120 --> 15:06.000]  So there's the administrative side of the complaints and then there's also the criminal
[15:06.000 --> 15:07.000]  side.
[15:07.000 --> 15:14.000]  So I just wanted to raise that.
[15:14.000 --> 15:17.640]  This is where we get our politics.
[15:17.640 --> 15:22.840]  This is the one place where they're not used to us really coming after them.
[15:22.840 --> 15:32.800]  Yeah, Johnny, I've got a question for Johnny.
[15:32.800 --> 15:38.120]  You've been fighting the good fight for quite a while, haven't you?
[15:38.120 --> 15:42.080]  Since March of 09.
[15:42.080 --> 15:43.960]  Okay.
[15:43.960 --> 15:48.200]  Is March of 09 a sale date?
[15:48.200 --> 15:50.960]  No.
[15:50.960 --> 15:53.680]  Was March of 09 a sale date?
[15:53.680 --> 15:55.040]  No.
[15:55.040 --> 15:56.720]  Has there been a sale date?
[15:56.720 --> 15:58.200]  When was your first sale date?
[15:58.200 --> 16:00.400]  There's been three of them.
[16:00.400 --> 16:06.080]  The first one was September something of 09.
[16:06.080 --> 16:08.960]  Was there a forcible detainer filed?
[16:08.960 --> 16:11.360]  Yes.
[16:11.360 --> 16:14.360]  Were they, I take it they were not successful?
[16:14.360 --> 16:16.360]  Correct.
[16:16.360 --> 16:24.000]  I would lead you to read Civil Practices and Remedies Code Section 16.003 if you're not
[16:24.000 --> 16:25.560]  familiar with it.
[16:25.560 --> 16:39.320]  A, accept as provided by Sections 16.010, 16.0031 and 16.0045.
[16:39.320 --> 16:47.600]  A person must bring suit for trespass or injury to the estate or to the property of another
[16:47.600 --> 16:53.760]  conversion of personal property taking or detaining the personal property of another
[16:53.760 --> 16:56.560]  personal injury, forcible entry and detainer for a forcible...
[16:56.560 --> 16:57.560]  Hold on.
[16:57.560 --> 16:58.560]  Out of time.
[16:58.560 --> 16:59.560]  Be right back.
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[19:07.200 --> 19:22.600]  Well, don't let nothing get to you, only the father can deliver you, so don't let bad-minded
[19:22.600 --> 19:48.320]  people get to you, only the father can deliver you, so don't let bad-minded people get to
[19:48.320 --> 20:15.120]  you, only the father can deliver you, so don't let bad-minded people get to you.
[20:15.120 --> 20:18.860]  Johnny, you may be as good a researcher as you are,
[20:18.860 --> 20:20.380]  you may already be familiar with this,
[20:20.380 --> 20:21.740]  but I'd like to go back over this
[20:21.740 --> 20:24.020]  for the benefit of those who aren't.
[20:24.020 --> 20:28.100]  It's very important and we're finding it quite effective
[20:28.100 --> 20:30.820]  and rather prevalent in those
[20:30.820 --> 20:33.140]  who have stuck it out for a while.
[20:33.140 --> 20:38.140]  Texas Civil Practices and Remedies Code, Section 16.003.
[20:39.340 --> 20:40.940]  I began to read it and let me start over
[20:40.940 --> 20:43.500]  because the clock ran out.
[20:43.500 --> 20:45.660]  Two-year limitation period, A,
[20:45.660 --> 20:50.660]  except as provided by sections 16.010, 16.0031 and 16.0045.
[20:58.540 --> 21:01.500]  A person must bring suit for trespass
[21:01.500 --> 21:06.500]  for injury to the estate of another, excuse me,
[21:07.140 --> 21:12.100]  I'm sorry, to the estate or to the property of another.
[21:12.100 --> 21:14.340]  Conversion of personal property,
[21:14.340 --> 21:17.180]  taking or detaining personal property of another,
[21:18.020 --> 21:21.260]  personal injury, forcible entry and detainer
[21:21.260 --> 21:26.100]  and forcible detainer, which is an eviction action,
[21:26.100 --> 21:31.100]  not later than two years after the cause of action accrues.
[21:31.620 --> 21:33.140]  The underlying question here
[21:34.160 --> 21:36.900]  is when does the cause of action accrue?
[21:36.900 --> 21:40.360]  The cause of action that would lead to a forcible detainer
[21:40.360 --> 21:45.360]  or forcible entry and detainer is the day of sale.
[21:45.780 --> 21:48.300]  That is the day that clock starts ticking.
[21:48.300 --> 21:50.940]  They've got two years to get you off the property.
[21:50.940 --> 21:53.740]  If they cannot successfully get you off the property
[21:53.740 --> 21:57.480]  within them two years, they're SOL on the SOL, brother.
[21:58.660 --> 21:59.500]  Yeah.
[21:59.500 --> 22:00.860]  And Randy asked me over the break,
[22:00.860 --> 22:02.460]  do you have any case law?
[22:02.460 --> 22:04.220]  I do, mine.
[22:05.980 --> 22:07.820]  Yeah, that's absolutely right.
[22:07.820 --> 22:09.780]  Well, in my case, what they did is they foreclosed
[22:09.780 --> 22:10.740]  and sold the property.
[22:10.740 --> 22:11.900]  I didn't know about it.
[22:12.900 --> 22:14.980]  I went and raised the issues of proper notice
[22:14.980 --> 22:16.860]  and I also raised some federal issues,
[22:16.860 --> 22:18.540]  things that they were required to do
[22:18.540 --> 22:20.300]  and failed to do before the foreclosure.
[22:20.300 --> 22:23.220]  I raised that in the first forcible entry and detainer.
[22:23.220 --> 22:24.580]  And they moved to dismiss it
[22:24.580 --> 22:27.940]  and did a rescission of the foreclosure and sale,
[22:27.940 --> 22:30.740]  did a full reconveyance of title and warranty deed
[22:30.740 --> 22:33.220]  back into my name, promised to work with me,
[22:33.220 --> 22:34.340]  didn't keep that promise.
[22:34.340 --> 22:38.920]  And then a year again recently, just back in October,
[22:38.920 --> 22:40.860]  they did another foreclosure sale,
[22:40.860 --> 22:44.660]  which I, again, didn't get notice of and didn't know about.
[22:44.660 --> 22:49.660]  And they have sold the property to a third party.
[22:50.820 --> 22:52.980]  The first time they sold the property back to themselves,
[22:52.980 --> 22:55.620]  this time they sold it to somebody else.
[22:55.620 --> 22:57.140]  So.
[22:57.140 --> 22:59.680]  Has there been a list pendants?
[22:59.680 --> 23:00.520]  No.
[23:01.620 --> 23:06.620]  List pendants, okay, I've got some treatment of that issue.
[23:06.620 --> 23:11.220]  If a claim exists, it exists whether it's filed or not.
[23:12.860 --> 23:15.980]  So the only value to the list pendants
[23:15.980 --> 23:18.160]  would be noticed to the buyer.
[23:18.160 --> 23:19.880]  But your claim against the property
[23:19.880 --> 23:24.880]  would still make the buyer not a bona fide purchaser.
[23:25.920 --> 23:27.200]  Right, right.
[23:27.200 --> 23:29.360]  If you have the claim, you have to claim the list pendants
[23:29.360 --> 23:32.080]  is just sort of a warning to anybody
[23:32.080 --> 23:33.720]  that might be looking at that property,
[23:33.720 --> 23:38.480]  but it does not absolve them if they buy it.
[23:39.920 --> 23:43.560]  Correct, and also keep in mind the philosophy
[23:43.560 --> 23:48.480]  that you cannot, even if there has been a purported sale,
[23:48.480 --> 23:53.480]  you cannot have a true sale without a clear title,
[23:53.760 --> 23:56.040]  I'm sorry, without a perfected lien.
[23:56.040 --> 23:59.080]  And you cannot perfect a lien under a clouded title.
[23:59.080 --> 24:01.040]  And if there's issues on issues to title,
[24:01.040 --> 24:02.960]  then the sale is no and void.
[24:02.960 --> 24:07.960]  And the sale is not complete until the trustee
[24:08.440 --> 24:12.200]  returns the note and deed of trust to the borrower.
[24:12.200 --> 24:13.560]  Correct.
[24:13.560 --> 24:14.960]  Yep, yep.
[24:14.960 --> 24:16.840]  Well, it's interesting too, in my case,
[24:16.840 --> 24:20.800]  there is an assignment of note and deed of trust
[24:20.800 --> 24:25.280]  from Merce to Wells Fargo back in 2009.
[24:25.280 --> 24:28.840]  And then in 2012, there's an assignment of note
[24:28.840 --> 24:32.640]  and deed of trust from, again, from Merce to Wells Fargo.
[24:32.640 --> 24:36.720]  And those were the only two assignments in the record.
[24:36.720 --> 24:41.720]  So, you know, one entity assigned it away to somebody else,
[24:43.280 --> 24:46.200]  and then without it ever being assigned back to them,
[24:46.200 --> 24:48.800]  they transferred and assigned it away again, purportedly.
[24:48.800 --> 24:50.740]  So that's interesting, I think.
[24:52.680 --> 24:56.160]  Okay, let me get to the main thing
[24:56.160 --> 24:57.400]  that I wanted to talk about.
[24:57.400 --> 25:02.360]  I'm looking at the fact that a particular attorney
[25:02.360 --> 25:03.560]  that we all know and love,
[25:05.320 --> 25:09.200]  signed or executed an appointment of substitute trustee
[25:09.200 --> 25:11.240]  as attorney in fact for Wells Fargo.
[25:12.440 --> 25:13.280]  Okay, I want to-
[25:13.280 --> 25:15.560]  You have to be talking about Daphne Frappen
[25:15.560 --> 25:17.360]  and Kiss My Behind.
[25:17.360 --> 25:21.800]  And more specifically, Stephen C. Porter.
[25:21.800 --> 25:23.540]  Stephen Calvin Porter, yep.
[25:25.480 --> 25:26.320]  So-
[25:26.320 --> 25:29.280]  The guy that's got four different official signatures.
[25:29.280 --> 25:34.280]  Oh, I've got some notary ledgers that show a whole bunch
[25:34.440 --> 25:37.520]  of variations on his signature.
[25:37.520 --> 25:38.800]  Now, that's a little bit of a issue.
[25:38.800 --> 25:39.640]  Yeah.
[25:41.080 --> 25:43.440]  I want to go after him for aggravated perjury,
[25:43.440 --> 25:44.840]  tampering with a governmental record
[25:44.840 --> 25:47.960]  and securing execution of document by deception
[25:47.960 --> 25:52.120]  based on his not really being an attorney in fact.
[25:52.120 --> 25:56.180]  Now, to be an attorney in fact requires a power of attorney.
[25:57.640 --> 25:58.480]  Yes.
[25:58.480 --> 26:00.440]  I know we're going to raise the stuff in the probate code
[26:00.440 --> 26:01.600]  and I'll get to that in a second.
[26:01.600 --> 26:03.720]  But other than the probate code,
[26:03.720 --> 26:06.920]  there's really no Texas statutes saying
[26:06.920 --> 26:08.920]  that in order to be an attorney in fact,
[26:08.920 --> 26:10.760]  you have to have a power of attorney.
[26:11.720 --> 26:14.800]  Texas Penal Code 1.05B says,
[26:14.800 --> 26:17.600]  the rule that a penal statute is to be strictly construed
[26:17.600 --> 26:19.480]  does not apply to this code.
[26:19.480 --> 26:21.720]  The provision of this code shall be construed
[26:21.720 --> 26:25.040]  according to the fair import of their terms
[26:25.040 --> 26:27.980]  to promote justice and affect the objectives of the code.
[26:27.980 --> 26:31.160]  So when I look at things like American jurisprudence
[26:31.160 --> 26:32.960]  under agency section 23,
[26:32.960 --> 26:36.360]  it defines an attorney in fact as an agent or representative
[26:36.360 --> 26:39.440]  authorized by a power of attorney
[26:39.440 --> 26:41.360]  to act for his principle in certain matters.
[26:41.360 --> 26:42.800]  And then Black's Law Dictionary
[26:42.800 --> 26:46.200]  also defines an attorney in fact as a private attorney
[26:46.200 --> 26:48.920]  authorized by another to act in his place instead,
[26:48.920 --> 26:50.720]  either for some particular purpose,
[26:50.720 --> 26:52.040]  has to do a particular act
[26:52.040 --> 26:54.080]  or for the transaction of business in general,
[26:54.080 --> 26:55.700]  not of a legal character.
[26:55.700 --> 26:58.640]  The authority is conferred by an instrument in writing
[26:58.640 --> 26:59.920]  called a letter of attorney
[26:59.920 --> 27:02.600]  or more commonly power of attorney.
[27:02.600 --> 27:04.760]  That whole bunch of, you know, case law
[27:04.760 --> 27:07.480]  basically talks about, you know, to become an attorney
[27:07.480 --> 27:09.560]  in fact, you need a power of attorney.
[27:09.560 --> 27:13.760]  The issue that I'm running into,
[27:13.760 --> 27:17.240]  by the way, this particular attorney's power of attorney
[27:17.240 --> 27:21.560]  that is filed in the public records expired in 2010.
[27:22.440 --> 27:24.480]  Okay, but when I look at things like,
[27:24.480 --> 27:26.240]  nice.
[27:26.240 --> 27:29.100]  Okay, so is Stephen Porter a lawyer?
[27:30.360 --> 27:31.200]  Yes.
[27:31.200 --> 27:32.800]  He is.
[27:32.800 --> 27:34.180]  Oh, he's got a problem then.
[27:34.180 --> 27:35.020]  Wonderful.
[27:35.020 --> 27:36.960]  Oh, he's had a problem for a long time
[27:36.960 --> 27:38.420]  and he keeps compounding it.
[27:39.440 --> 27:40.400]  He's lead counsel.
[27:40.400 --> 27:41.620]  See?
[27:41.620 --> 27:42.460]  Yeah.
[27:44.040 --> 27:45.800]  If he is actually a lawyer,
[27:45.800 --> 27:47.680]  then we need to go for him.
[27:47.680 --> 27:50.560]  Maybe we can turn him into history.
[27:50.560 --> 27:53.280]  That's what I'm looking at.
[27:53.280 --> 27:56.400]  Okay, so, I mean, it's obvious that to be an attorney
[27:56.400 --> 27:58.440]  in fact, there has to be a power of attorney.
[27:58.440 --> 28:01.640]  The question is whether or not it needs to be recorded.
[28:01.640 --> 28:05.960]  And when I look at things like property code 12.016,
[28:05.960 --> 28:08.600]  it says power of attorney may be recorded.
[28:08.600 --> 28:10.400]  It doesn't say it has to.
[28:10.400 --> 28:13.400]  And in property code 51.0075C,
[28:13.400 --> 28:18.400]  well, what we had asked the court to rule on
[28:21.640 --> 28:25.340]  that while it may be recorded,
[28:25.340 --> 28:28.720]  but it's not specifically required to be reported,
[28:28.720 --> 28:33.440]  it's of the same nature as a claim against the property.
[28:33.440 --> 28:34.960]  Whoa, wait a minute, guys.
[28:34.960 --> 28:39.320]  Does it, let's go back to what we read earlier.
[28:39.320 --> 28:43.760]  Does that document have anything to do
[28:43.760 --> 28:45.280]  with the deed of trust?
[28:46.160 --> 28:48.000]  Yeah, it's, he's basically-
[28:48.000 --> 28:50.400]  Then it must be recorded.
[28:50.400 --> 28:52.040]  No, well, the document must.
[28:52.040 --> 28:55.000]  Well, no, a power of attorney doesn't necessarily
[28:55.000 --> 28:57.720]  have anything to do with the deed of trust.
[28:57.720 --> 29:00.760]  It's merely power of attorney for the individual
[29:01.640 --> 29:05.920]  to act for, act as an agent for the principal.
[29:05.920 --> 29:06.760]  Right.
[29:06.760 --> 29:11.760]  But in order to achieve the intent of the legislature,
[29:15.960 --> 29:20.960]  the 13.01 stipulates that any filing of claim
[29:23.120 --> 29:25.240]  against the property must have,
[29:26.960 --> 29:28.600]  any claim against the property
[29:28.600 --> 29:31.960]  that is not properly filed in the record is void.
[29:31.960 --> 29:36.960]  Then, and the probate code requires
[29:36.960 --> 29:39.000]  the filing of a power of attorney.
[29:39.000 --> 29:43.440]  We can equate that as legislative intent
[29:43.440 --> 29:45.800]  that a power of attorney be filed in all cases
[29:45.800 --> 29:49.880]  where a document's filed to affect property.
[29:49.880 --> 29:50.920]  Stay there, Johnny.
[29:52.320 --> 29:54.880]  Yeah, hang on, Randy Kelton, Debra Stevens,
[29:54.880 --> 29:56.440]  Rule of Law Radio.
[29:56.440 --> 29:58.040]  Hang on, guys, we see you.
[29:58.040 --> 29:59.400]  We'll try to get to everybody.
[29:59.400 --> 30:02.160]  We'll be right.
[30:02.160 --> 30:04.520]  The notorious serial killer, Arsenic Annie,
[30:04.520 --> 30:06.920]  used rat poison to do in her family.
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[30:09.760 --> 30:11.360]  a deadly poison every day.
[30:11.360 --> 30:12.680]  I'm Dr. Catherine Albrecht.
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[30:44.680 --> 30:48.640]  It's hydrogenated oil and it kills 50,000 people a year.
[30:48.640 --> 30:51.480]  It's made by attaching hydrogen atoms to liquid oils
[30:51.480 --> 30:53.840]  to make them creamy and solid at room temperature.
[30:53.840 --> 30:56.320]  But that process creates a toxic substance
[30:56.320 --> 30:58.160]  that damages brain and nerve cells.
[30:58.160 --> 31:00.800]  It's so poisonous, the National Academy of Sciences
[31:00.800 --> 31:02.440]  says no one should eat it.
[31:02.440 --> 31:05.280]  These so-called trans fats double your risk of heart attack,
[31:05.280 --> 31:07.560]  disrupt liver function and increase your risk
[31:07.560 --> 31:09.960]  of diabetes, prostate and breast cancer.
[31:09.960 --> 31:12.520]  Today, arsenic Annie could kill her family slowly
[31:12.520 --> 31:15.440]  with margarine, coffee creamer, cookies and pie crusts.
[31:15.440 --> 31:17.840]  So be sure to read the label and eliminate everything
[31:17.840 --> 31:20.120]  that says hydrogenated from your diet.
[31:20.120 --> 31:21.600]  This is Dr. Catherine Albrecht.
[31:21.600 --> 31:24.640]  More news and information at CatherineAlbrecht.com.
[31:24.640 --> 31:37.440]  This is Building 7, a 47-story skyscraper that fell
[31:37.440 --> 31:39.080]  on the afternoon of September 11.
[31:39.080 --> 31:40.920]  The government says that fire brought it down.
[31:40.920 --> 31:43.840]  However, 1,500 architects and engineers
[31:43.840 --> 31:46.080]  concluded it was a controlled demolition.
[31:46.080 --> 31:48.040]  Over 6,000 of my fellow service members
[31:48.040 --> 31:49.080]  have given their lives.
[31:49.080 --> 31:51.640]  Thousands of my fellow first responders are dying.
[31:51.640 --> 31:53.080]  I'm not a conspiracy theorist.
[31:53.080 --> 31:54.080]  I'm a structural engineer.
[31:54.080 --> 31:55.520]  I'm a New York City correction officer.
[31:55.520 --> 31:56.480]  I'm an Air Force pilot.
[31:56.480 --> 31:58.080]  I'm a father who lost his son.
[31:58.080 --> 32:00.680]  We're Americans, and we deserve the truth.
[32:00.680 --> 32:04.280]  Go to RememberBuilding7.org today.
[32:04.280 --> 32:07.400]  It is so enlightening to listen to 90.1 FM,
[32:07.400 --> 32:10.040]  but finding things on the internet isn't so easy.
[32:10.040 --> 32:12.080]  And neither is finding like-minded people
[32:12.080 --> 32:13.080]  to share it with.
[32:13.080 --> 32:15.880]  Oh, well, I guess you haven't heard of Brave New Books then.
[32:15.880 --> 32:17.200]  Brave New Books?
[32:17.200 --> 32:19.840]  Yes, Brave New Books has all the books and DVDs
[32:19.840 --> 32:23.000]  you're looking for by authors like Alex Jones, Ron Paul,
[32:23.000 --> 32:24.280]  and G. Edward Griffin.
[32:24.280 --> 32:26.520]  They even stock inner food, Berkey products,
[32:26.520 --> 32:28.240]  and Calvin Soaps.
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[32:30.560 --> 32:31.960]  Go check it out for yourself.
[32:31.960 --> 32:36.400]  It's downtown at 1904 Guadalupe Street, just south of UT.
[32:36.400 --> 32:39.720]  By UT, there's never anywhere to park down there.
[32:39.720 --> 32:41.760]  Actually, they now offer a free hour
[32:41.760 --> 32:45.160]  of parking for paying customers at the 500 MLK parking
[32:45.160 --> 32:48.000]  facility just behind the bookstore.
[32:48.000 --> 32:51.000]  It does exist, but when are they open?
[32:51.000 --> 32:53.880]  Monday through Saturday, 11 AM to 9 PM,
[32:53.880 --> 32:55.760]  and 1 to 6 PM on Sundays.
[32:55.760 --> 32:59.600]  So give them a call at 512-480-2503,
[32:59.600 --> 33:02.680]  or check out their events page at bravenewbookstore.com.
[33:02.680 --> 33:22.160]  Live, free speech radio, logosradionetwork.com.
[33:22.160 --> 33:46.600]  Yeah, I won't, I won't, I won't let you
[33:46.600 --> 33:52.560]  pull the wool over my eyes.
[33:52.560 --> 34:00.520]  I certainly must refuse your news, also come in lie.
[34:00.520 --> 34:05.960]  It seems you like the fact, but please take some words to lie.
[34:05.960 --> 34:08.040]  Welcome back to Rule of Law Radio, folks.
[34:08.040 --> 34:10.640]  I am your guest host, or special guest.
[34:13.200 --> 34:15.680]  The guy that we've got on with us
[34:15.680 --> 34:17.440]  would have said short bus special,
[34:17.440 --> 34:19.640]  or asked me one night what kind of special I said,
[34:19.640 --> 34:21.040]  short bus special.
[34:21.040 --> 34:26.360]  But I am Steve Skidmore, and your regular host,
[34:26.360 --> 34:27.800]  Randy Kelton is on the other end,
[34:27.800 --> 34:29.560]  and we're speaking with Johnny.
[34:29.560 --> 34:36.880]  And I think you two were haggling it out over something.
[34:36.880 --> 34:38.760]  Yeah, where were we, Johnny?
[34:38.760 --> 34:40.480]  Oh, let me unmute him.
[34:40.480 --> 34:41.920]  Yeah, that'll be an idea.
[34:41.920 --> 34:44.080]  Where were we, Johnny?
[34:44.080 --> 34:47.240]  I completely forgot.
[34:47.240 --> 34:51.040]  Does a power of attorney need to be recorded in order
[34:51.040 --> 34:56.720]  to be effective, or do any acts or acts
[34:56.720 --> 34:58.640]  under an unrecorded deed valid?
[34:58.640 --> 35:02.280]  Now, I've seen in the past case law saying
[35:02.280 --> 35:07.880]  that failure to record a power of attorney
[35:07.880 --> 35:10.560]  when not explicitly required by the deed of trust
[35:10.560 --> 35:13.320]  is not necessarily an issue.
[35:13.320 --> 35:19.320]  And in 51.0075 of the property code, subsection C,
[35:19.320 --> 35:22.800]  it says, notwithstanding any agreement to the contrary,
[35:22.800 --> 35:26.480]  a mortgagee may appoint or authorize a mortgage servicer
[35:26.480 --> 35:29.480]  to appoint a substitute trustee or substitute trustees
[35:29.480 --> 35:31.760]  to succeed to all title, powers, and duties
[35:31.760 --> 35:33.400]  of the original trustee.
[35:33.400 --> 35:35.840]  A mortgagee or mortgage servicer may make an appointment
[35:35.840 --> 35:37.760]  or authorization under the subsection
[35:37.760 --> 35:40.360]  by power of attorney, corporate resolution,
[35:40.360 --> 35:45.160]  or other written instrument.
[35:45.160 --> 35:48.240]  And I'm pretty sure they're going to go to corporate resolution.
[35:48.240 --> 35:51.080]  I'll get to that in a bit.
[35:51.080 --> 35:57.640]  But OK, so Randy, I know what you say about the probate code,
[35:57.640 --> 36:01.160]  specifically section 489, regarding
[36:01.160 --> 36:05.920]  durable power of attorney being required
[36:05.920 --> 36:10.800]  to be recorded for deeds, mortgages, liens,
[36:10.800 --> 36:15.320]  transfers, assignments, oil and gas leases, et cetera, et cetera.
[36:15.320 --> 36:19.080]  And I agree with you on that.
[36:19.080 --> 36:21.560]  And actually, I've read the legislative bill
[36:21.560 --> 36:22.360]  that created that.
[36:22.360 --> 36:27.160]  And I don't see the intent of the legislature
[36:27.160 --> 36:29.640]  that the Durable Power of Attorney Act applied only
[36:29.640 --> 36:31.400]  to probate matters.
[36:31.400 --> 36:33.720]  But if you look in section 482, where it actually
[36:33.720 --> 36:37.960]  gives the definition of durable power of attorney,
[36:37.960 --> 36:39.720]  it says durable power of attorney
[36:39.720 --> 36:41.920]  means a written instrument that, one, designates
[36:41.920 --> 36:44.400]  another person as attorney and factor agent,
[36:44.400 --> 36:47.360]  two, is signed by an adult principal,
[36:47.360 --> 36:50.280]  three, contains the word this power of attorney
[36:50.280 --> 36:53.280]  is not affected by subsequent disability or incapacity
[36:53.280 --> 36:56.280]  of the principal, or this power of attorney
[36:56.280 --> 36:59.320]  becomes effective on the disability or incapacity
[36:59.320 --> 37:01.120]  of the principal, or similar words,
[37:01.120 --> 37:03.680]  showing the principal's intent that the authority
[37:03.680 --> 37:06.320]  conferred on the attorney and factor agent
[37:06.320 --> 37:08.240]  shall be exercised notwithstanding
[37:08.240 --> 37:11.400]  the principal's subsequent disability or incapacity
[37:11.400 --> 37:14.440]  and is acknowledged before notary and blah, blah, blah.
[37:14.440 --> 37:18.240]  So based on the definition of durable power of attorney
[37:18.240 --> 37:20.640]  in the probate code, it does kind of
[37:20.640 --> 37:24.560]  seem like that that is a definition of durable power
[37:24.560 --> 37:30.880]  of attorney that is for probate type matters.
[37:30.880 --> 37:35.680]  So I wanted to get your thoughts on that.
[37:35.680 --> 37:43.280]  Well, it would seem like if in a probate situation,
[37:43.280 --> 37:46.440]  any filing in the record would have
[37:46.440 --> 37:51.920]  to be accompanied with a durable power of attorney,
[37:51.920 --> 37:56.240]  then if someone's going to file something in the record prior
[37:56.240 --> 37:59.280]  to someone else's death, they would
[37:59.280 --> 38:03.640]  have to be aware that probate was coming
[38:03.640 --> 38:06.640]  so they could put in their power of attorney
[38:06.640 --> 38:10.800]  to make the filing valid in the probate court.
[38:10.800 --> 38:13.360]  Or is it your position, or did it
[38:13.360 --> 38:18.200]  appear to be the position that this only refers to filings
[38:18.200 --> 38:21.200]  after the property enters probate?
[38:24.760 --> 38:26.760]  The way I interpret this definition
[38:26.760 --> 38:32.640]  of durable power of attorney is that it's
[38:32.640 --> 38:41.160]  meant to go into effect when somebody becomes
[38:41.160 --> 38:45.240]  disabled or incapacitated.
[38:45.240 --> 38:47.000]  And see, here's my issue.
[38:47.000 --> 38:49.480]  Again, remember the whole goal of what I'm trying to do
[38:49.480 --> 38:53.320]  is bring these criminal charges based on the attorney claiming
[38:53.320 --> 38:57.600]  to be an attorney in fact when there's no power of attorney
[38:57.600 --> 38:59.040]  recorded.
[38:59.040 --> 39:02.600]  And as far as a criminal affidavit,
[39:02.600 --> 39:06.600]  I can make the argument that Section 489 of the Probate
[39:06.600 --> 39:09.440]  Code shouldn't only apply to probate matters.
[39:09.440 --> 39:15.400]  And the bill that created the Durable Power of Attorney Act,
[39:15.400 --> 39:17.640]  it wasn't the intent of the legislature
[39:17.640 --> 39:19.600]  to limit it strictly to probate and all that.
[39:19.600 --> 39:21.720]  But those are arguments.
[39:21.720 --> 39:24.360]  And I can't, you know, those aren't really,
[39:24.360 --> 39:26.040]  I'm trying to narrow it.
[39:26.040 --> 39:27.240]  Not definitive law.
[39:27.240 --> 39:30.000]  And I understand that.
[39:30.000 --> 39:36.920]  There has been passed a bill that moves 489 out
[39:36.920 --> 39:40.040]  of the Probate Code.
[39:40.040 --> 39:43.640]  So that in the future, it will apply everywhere.
[39:43.640 --> 39:46.840]  But it just doesn't at the moment.
[39:46.840 --> 39:48.960]  And we may not be able to win that argument.
[39:48.960 --> 39:54.160]  But if we're going pro se, we can make the argument.
[39:54.160 --> 39:56.800]  That's how you get new law.
[39:56.800 --> 40:00.800]  All that stuff comes out January 14th of next year.
[40:00.800 --> 40:05.440]  And in a motion or a fleeting, it's
[40:05.440 --> 40:07.280]  OK to make the arguments.
[40:07.280 --> 40:11.800]  But as specifically related to a criminal affidavit,
[40:11.800 --> 40:13.600]  they're not going to listen to arguments.
[40:13.600 --> 40:14.440]  They want facts.
[40:14.440 --> 40:16.560]  And I'm trying to find facts.
[40:16.560 --> 40:17.760]  And I agree with that.
[40:17.760 --> 40:19.720]  That's not something to which we would
[40:19.720 --> 40:23.320]  file a criminal affidavit.
[40:23.320 --> 40:24.560]  Yeah, so.
[40:24.560 --> 40:27.280]  When I file a criminal affidavit,
[40:27.280 --> 40:31.160]  it's absolutely incontrovertible.
[40:31.160 --> 40:33.000]  Yeah, and that's what I'm looking for here.
[40:33.000 --> 40:36.840]  And I'm having trouble finding anything that definitively
[40:36.840 --> 40:38.800]  says yes or no.
[40:38.800 --> 40:44.400]  Does a power of attorney have to be recorded, you know,
[40:44.400 --> 40:46.200]  in order to?
[40:46.200 --> 40:50.200]  When the bailiff knocked me down and broke my elbow,
[40:50.200 --> 40:52.240]  that might have been aggravated assault,
[40:52.240 --> 40:55.880]  or might have been assault, and it might not.
[40:55.880 --> 40:57.840]  You know, it went to interpretation
[40:57.840 --> 41:02.000]  so I don't file those, not criminally.
[41:02.000 --> 41:04.280]  But what I could file him criminally for
[41:04.280 --> 41:06.960]  was throwing me out of the building in the first place.
[41:06.960 --> 41:09.760]  So I am careful about criminal complaints
[41:09.760 --> 41:12.320]  that we don't want to make those unless it's
[41:12.320 --> 41:15.360]  absolutely definitive.
[41:15.360 --> 41:18.720]  They certainly give us plenty of those anyway.
[41:18.720 --> 41:20.680]  Well, see, you know, I could go after him
[41:20.680 --> 41:23.680]  based on the fact that just by claiming to be an attorney,
[41:23.680 --> 41:28.200]  in fact, he's claiming agency standing and capacity
[41:28.200 --> 41:31.960]  to represent a principle that really had
[41:31.960 --> 41:33.760]  no rights and interests of its own.
[41:33.760 --> 41:36.040]  It had no claim to the property of its own,
[41:36.040 --> 41:39.320]  but then that turns a five-page affidavit into a 90-page
[41:39.320 --> 41:41.320]  affidavit, and you know.
[41:41.320 --> 41:43.240]  Yeah, and that goes, you also, that
[41:43.240 --> 41:47.000]  goes to the question of what constitutes
[41:47.000 --> 41:50.880]  a corporate resolution.
[41:50.880 --> 41:54.640]  Well, if you look in, the MERS uses that term,
[41:54.640 --> 41:57.080]  corporate resolution, all throughout their literature,
[41:57.080 --> 41:58.720]  and that, what the.
[41:58.720 --> 42:01.960]  No, no, OK, in the filings, I've never
[42:01.960 --> 42:03.400]  seen corporate resolution.
[42:03.400 --> 42:08.800]  I've seen corporate acknowledgment,
[42:08.800 --> 42:10.680]  but not corporate resolution.
[42:10.680 --> 42:15.080]  Why would they use one term and not another, not the other?
[42:15.080 --> 42:16.200]  Well, in MERS.
[42:16.200 --> 42:18.040]  Or a corporate assignment, I'm sorry,
[42:18.040 --> 42:21.920]  that may actually be their corporate resolution.
[42:21.920 --> 42:24.280]  Well, yeah, in the MERS literature,
[42:24.280 --> 42:27.120]  where they themselves talk about how they function,
[42:27.120 --> 42:32.200]  they say that per a corporate resolution, in essence,
[42:32.200 --> 42:37.280]  the employees of the servicer become officers of MERS,
[42:37.280 --> 42:39.920]  and attorney firms, including Barrett Daffin,
[42:39.920 --> 42:44.320]  have gone into court and pled out
[42:44.320 --> 42:46.560]  that they had authority to do it based
[42:46.560 --> 42:48.400]  on their corporate resolution with MERS.
[42:48.400 --> 42:49.960]  That's why I said earlier, I suspect
[42:49.960 --> 42:52.040]  that that's what they're going to claim.
[42:52.040 --> 42:54.760]  And I've also seen case law that says
[42:54.760 --> 43:00.920]  that it is permissible and reasonable to ask
[43:00.920 --> 43:04.000]  for proof of power of attorney, which, to me,
[43:04.000 --> 43:06.040]  that in and of itself implies that it may not
[43:06.040 --> 43:07.560]  have to be recorded.
[43:07.560 --> 43:11.320]  You know, and if I go to a crook-like border and say,
[43:11.320 --> 43:13.360]  hey, give me proof of your corporate resolution
[43:13.360 --> 43:15.160]  or otherwise whatever you're claiming
[43:15.160 --> 43:17.000]  is power of attorney, it's going to be
[43:17.000 --> 43:20.840]  pretty easy for him to fabricate it,
[43:20.840 --> 43:24.120]  which I'm sure he's gotten a lot of practice at.
[43:24.120 --> 43:25.760]  I know he has.
[43:25.760 --> 43:26.640]  Yes, he does.
[43:26.640 --> 43:27.760]  How do you disprove that?
[43:32.240 --> 43:34.160]  OK, some we'll have to work on.
[43:34.160 --> 43:36.120]  Do you have anything else for us, John?
[43:36.120 --> 43:37.600]  No, no, I'll drop off.
[43:37.600 --> 43:38.720]  I'm taking a lot of time.
[43:38.720 --> 43:41.080]  I just want to get your thoughts on that.
[43:41.080 --> 43:42.320]  OK, thank you, John.
[43:42.320 --> 43:45.080]  This is Randy Kelton, Debra Stevens,
[43:45.080 --> 43:48.240]  here with Steve Skidmore.
[43:48.240 --> 43:49.920]  Paul, I see you there.
[43:49.920 --> 43:53.080]  Leslie, Doug, we'll pick you up on the other side.
[43:53.080 --> 43:57.240]  Our call-in number, 512-646-1984,
[43:57.240 --> 43:58.200]  we'll be right back.
[44:02.760 --> 44:05.880]  It is so enlightening to listen to 90.1 FM,
[44:05.880 --> 44:08.520]  but finding things on the internet isn't so easy,
[44:08.520 --> 44:10.560]  and neither is finding like-minded people
[44:10.560 --> 44:11.520]  to share it with.
[44:11.520 --> 44:14.360]  Oh, well, I guess you haven't heard of Brave New Books, then.
[44:14.360 --> 44:15.680]  Brave New Books?
[44:15.680 --> 44:18.320]  Yes, Brave New Books has all the books and DVDs
[44:18.320 --> 44:21.480]  you're looking for by authors like Alex Jones, Ron Paul,
[44:21.480 --> 44:22.720]  and G. Edward Griffin.
[44:22.720 --> 44:25.000]  They even stock inner food, Berkey products,
[44:25.000 --> 44:26.720]  and Calvin Soaps.
[44:26.720 --> 44:29.040]  There's no way a place like that exists.
[44:29.040 --> 44:30.400]  Go check it out for yourself.
[44:30.400 --> 44:34.840]  It's downtown at 1904 Guadalupe Street, just south of UT.
[44:34.840 --> 44:38.200]  And by UT, there's never anywhere to park down there.
[44:38.200 --> 44:40.240]  Actually, they now offer a free hour
[44:40.240 --> 44:43.640]  of parking for paying customers at the 500 MLK Parking
[44:43.640 --> 44:46.480]  Facility, just behind the bookstore.
[44:46.480 --> 44:49.480]  It does exist, but when are they open?
[44:49.480 --> 44:52.360]  Monday through Saturday, 11 AM to 9 PM,
[44:52.360 --> 44:54.240]  and 1 to 6 PM on Sundays.
[44:54.240 --> 44:58.080]  So give them a call at 512-480-2503,
[44:58.080 --> 45:03.400]  or check out their events page at bravenewbookstore.com.
[45:03.400 --> 45:06.440]  Are you the plaintiff or defendant in a lawsuit?
[45:06.440 --> 45:09.800]  Win your case without an attorney with Juris Dictionary,
[45:09.800 --> 45:13.400]  the affordable, easy-to-understand, 4-CD course
[45:13.400 --> 45:17.840]  that will show you how in 24 hours, step-by-step.
[45:17.840 --> 45:21.520]  If you have a lawyer, know what your lawyer should be doing.
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[45:23.440 --> 45:25.360]  you should do for yourself.
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[45:38.920 --> 45:41.280]  can learn what everyone should understand
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[45:58.760 --> 46:04.240]  or call toll-free, 866-LAW-EZ.
[46:04.240 --> 46:26.960]  Oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, yeah.
[46:26.960 --> 46:32.560]  Always I must be careful what I'm wishing for.
[46:32.560 --> 46:37.520]  When I'm hungry, I like to know just what I'm fishing for.
[46:37.520 --> 46:39.680]  I ain't asking for much.
[46:39.680 --> 46:43.720]  I ain't trying to be no glutton.
[46:43.720 --> 46:49.400]  I'm just here making my living, pushing buttons.
[46:49.400 --> 46:55.120]  I give my message out to anyone in shouting distance.
[46:55.120 --> 47:00.800]  I vote for bravery and against slavery, showing resistance.
[47:00.800 --> 47:03.560]  First I'm crawling, then I'm walking,
[47:03.560 --> 47:05.560]  then I start strutting.
[47:05.560 --> 47:09.560]  I'm just so glad to make my living, pushing buttons.
[47:13.040 --> 47:23.040]  Oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, yeah.
[47:23.040 --> 47:25.040]  We sat down to play Monopoly.
[47:25.040 --> 47:28.040]  We all wanted to win the game.
[47:28.040 --> 47:31.040]  We gave some guy an endless money supply.
[47:31.040 --> 47:34.040]  We must have not been thinking with brains.
[47:34.040 --> 47:38.040]  After some time, the worth of my dime got beat down to them.
[47:38.040 --> 47:40.040]  There's nothing I might have been able to do.
[47:40.040 --> 47:41.640]  OK, we are back.
[47:41.640 --> 47:44.760]  Randy Kelton, Deborah Stevens, here with Steve Kidmore.
[47:44.760 --> 47:49.120]  And we're going to Paul in Wisconsin.
[47:49.120 --> 47:49.680]  Hello, Paul.
[47:49.680 --> 47:51.840]  What do you have for us?
[47:51.840 --> 47:57.400]  Well, Randy, I have my next lawyer,
[47:57.400 --> 48:01.080]  I should say, because he got his little withdrawal motion
[48:01.080 --> 48:02.760]  thing from the judge.
[48:02.760 --> 48:07.680]  He signed her, so he is now my ex-lawyer.
[48:07.680 --> 48:11.080]  So anyways, I thought it was kind of interesting
[48:11.080 --> 48:13.880]  because there was a criminal side to the case.
[48:13.880 --> 48:16.080]  There was a civil side to the case.
[48:16.080 --> 48:19.160]  So he withdrew from the criminal side of the case
[48:19.160 --> 48:22.080]  with that case number.
[48:22.080 --> 48:24.800]  So the way I see it, he's still involved
[48:24.800 --> 48:27.280]  in my civil side of the case.
[48:32.800 --> 48:34.440]  It would appear.
[48:34.440 --> 48:38.240]  Is there a separate cause number for the civil side?
[48:38.240 --> 48:40.200]  Yes, there is.
[48:40.200 --> 48:42.720]  Then you can expect that he's still
[48:42.720 --> 48:44.400]  your lawyer on the civil side.
[48:44.400 --> 48:47.160]  Have you grieved him yet?
[48:47.160 --> 48:48.520]  Oh, well, yeah.
[48:48.520 --> 48:52.680]  I sense I agree with Ben about that, yeah.
[48:52.680 --> 48:53.440]  Good, OK.
[48:53.440 --> 48:55.720]  What was your question?
[48:55.720 --> 48:57.880]  Oh, well, that was just more of a comment thing.
[48:57.880 --> 49:02.200]  But here, my question is this.
[49:02.200 --> 49:05.160]  This guy, he's kind of goofy.
[49:05.160 --> 49:10.120]  He sent me a fee agreement, a contract.
[49:10.120 --> 49:13.320]  And I never signed the contract that sent it back to him,
[49:13.320 --> 49:15.920]  but he entered in as my attorney.
[49:15.920 --> 49:18.680]  Now, I cut him a check, and I paid him.
[49:18.680 --> 49:21.600]  And he did what he did, and we never
[49:21.600 --> 49:25.240]  did have a full fee agreement.
[49:25.240 --> 49:30.000]  And what he sent back to me here was
[49:30.000 --> 49:31.640]  pursuing our fee agreement.
[49:31.640 --> 49:35.120]  Now that all fees have been paid,
[49:35.120 --> 49:39.320]  now everything he's got has been earned.
[49:39.320 --> 49:41.800]  And he sent this to the office of lawyer regulation
[49:41.800 --> 49:44.000]  to the lady there, too.
[49:44.000 --> 49:48.760]  Did you request from him a complete accounting?
[49:48.760 --> 49:49.760]  No, I didn't.
[49:49.760 --> 49:50.960]  Not yet.
[49:50.960 --> 49:56.080]  Because I bargaged him over his trust account.
[49:56.080 --> 49:59.080]  He never sent me any payouts on the trust account,
[49:59.080 --> 50:01.920]  never sent me a receipt, you know, never sent me a receipt.
[50:01.920 --> 50:07.920]  OK, so do a request for a complete accounting,
[50:07.920 --> 50:12.400]  showing all of his charges and what they were for.
[50:12.400 --> 50:14.400]  Will do.
[50:14.400 --> 50:18.040]  Again, when he doesn't give you that, agree him for that.
[50:18.040 --> 50:18.680]  Oh, I will.
[50:18.680 --> 50:22.080]  You also want to know what his hourly rate is.
[50:22.080 --> 50:24.640]  It should be part of it.
[50:24.640 --> 50:25.880]  Oh, I will.
[50:25.880 --> 50:27.000]  I'll do that.
[50:27.000 --> 50:29.160]  Because look at the contract.
[50:29.160 --> 50:31.600]  A lot of that should be in the contract.
[50:31.600 --> 50:34.600]  But you can argue that you never entered into the contract
[50:34.600 --> 50:36.440]  agreement with him.
[50:36.440 --> 50:40.400]  And argue for less.
[50:40.400 --> 50:44.120]  You might want to file a malpractice suit against him.
[50:44.120 --> 50:45.920]  Yeah, that's where it's headed with this guy.
[50:45.920 --> 50:47.200]  He's a gaming 30.
[50:47.200 --> 50:49.200]  His terms are, he gives me 30 days
[50:49.200 --> 50:52.080]  to distribute any other fees.
[50:52.080 --> 50:55.240]  I didn't know I was on his time schedule.
[50:55.240 --> 51:00.480]  So you file a request with him for complete accounting,
[51:00.480 --> 51:03.280]  then that should effectively hold the 30 days
[51:03.280 --> 51:05.280]  until he responds.
[51:05.280 --> 51:06.760]  Is that 30 days statutory?
[51:09.680 --> 51:13.280]  I don't know if it is or not, truthfully.
[51:13.280 --> 51:15.560]  Only reason he did this is because I bargaged him
[51:15.560 --> 51:17.640]  over the trust account.
[51:17.640 --> 51:19.160]  Sure.
[51:19.160 --> 51:21.320]  That's the only reason he did this.
[51:21.320 --> 51:23.320]  It's retaliation.
[51:23.320 --> 51:23.960]  Oh, sure it is.
[51:23.960 --> 51:25.240]  You bet.
[51:25.240 --> 51:28.880]  And my thing, yes, is on the civil side of the case.
[51:28.880 --> 51:31.320]  I mean, the civil side, I don't know.
[51:31.320 --> 51:34.280]  That could still be going on if I chose for it to be.
[51:34.280 --> 51:38.280]  But this criminal side's been done since October.
[51:38.280 --> 51:42.400]  But he never showed up for the adjunction hearing
[51:42.400 --> 51:45.720]  on the civil side of the case.
[51:45.720 --> 51:47.480]  So the judge went ahead.
[51:47.480 --> 51:49.600]  Ineffective counsel.
[51:49.600 --> 51:52.120]  Well, there you go.
[51:52.120 --> 51:55.800]  Breach a contract and whatever else.
[51:55.800 --> 51:58.960]  You know, that's the thing.
[51:58.960 --> 52:07.080]  He's probably thinking he's removed from both and he's not.
[52:07.080 --> 52:11.360]  Go read the canons of ethics.
[52:11.360 --> 52:13.400]  You've got some links to that, don't you, Randy?
[52:13.400 --> 52:15.240]  Yeah, bargrievance.net.
[52:15.240 --> 52:21.040]  Yeah, you'll find a bunch of good stuff in there.
[52:21.040 --> 52:26.720]  Recount what he did and apply accordingly.
[52:26.720 --> 52:27.760]  OK.
[52:27.760 --> 52:29.520]  Because I bargrieved him.
[52:29.520 --> 52:34.400]  I just sent the bar grievance in for not showing up
[52:34.400 --> 52:37.440]  for the adjunction hearing.
[52:37.440 --> 52:37.960]  Great.
[52:37.960 --> 52:39.160]  That's perfect.
[52:39.160 --> 52:40.480]  Yeah.
[52:40.480 --> 52:44.520]  Yeah, because when I liked about this, it says here it says,
[52:44.520 --> 52:47.160]  all fees paid now have been earned by him.
[52:47.160 --> 52:48.920]  Well, how can they be earned when he never
[52:48.920 --> 52:52.960]  showed up for adjunction hearing?
[52:52.960 --> 52:55.040]  Well, he'll have billable hours.
[52:57.720 --> 52:59.080]  He drafted a pleading.
[52:59.080 --> 53:02.040]  He filed the pleading.
[53:02.040 --> 53:04.080]  Or did he?
[53:04.080 --> 53:06.440]  Go get a copy of the court record.
[53:06.440 --> 53:09.600]  Oh, no, I got a transcript of the court record.
[53:09.600 --> 53:11.640]  And he never filed a rehearing.
[53:11.640 --> 53:12.840]  He never filed for anything.
[53:12.840 --> 53:16.880]  Matter of fact, he wanted to charge me by the hour
[53:16.880 --> 53:20.000]  to reopen the adjunction hearing.
[53:20.000 --> 53:23.360]  But he didn't show up to.
[53:23.360 --> 53:26.000]  No, no, no, no.
[53:26.000 --> 53:27.040]  Oh, I know.
[53:27.040 --> 53:28.760]  I put that in my bargrievance bill.
[53:32.240 --> 53:35.840]  That should have been a separate bargrievance.
[53:35.840 --> 53:43.760]  Every element, OK, when you grieve an attorney,
[53:43.760 --> 53:46.480]  if you got four or five different things about him
[53:46.480 --> 53:48.800]  that you want to gripe about, make four or five
[53:48.800 --> 53:51.680]  separate issues, separate grievances.
[53:51.680 --> 53:54.080]  Don't put all your grievances in one.
[53:54.080 --> 53:55.960]  You're wasting grievances.
[53:55.960 --> 53:57.920]  And send them in one at a time.
[53:57.920 --> 53:59.560]  One at a time, yeah.
[53:59.560 --> 54:00.240]  Anything else?
[54:00.240 --> 54:02.880]  You're wasting good ammo.
[54:02.880 --> 54:05.120]  Yeah.
[54:05.120 --> 54:09.160]  Am I wait a few days between sending them?
[54:09.160 --> 54:10.960]  Yeah, that's what I've been doing.
[54:10.960 --> 54:14.160]  I've already sent like five in on him already.
[54:14.160 --> 54:17.960]  Each element, each element is a separate grievance.
[54:17.960 --> 54:19.960]  Yeah.
[54:19.960 --> 54:22.600]  But that's OK, you grieved him.
[54:22.600 --> 54:28.280]  Well, he thought the one about the trust fund,
[54:28.280 --> 54:30.160]  that was for a private investigator
[54:30.160 --> 54:33.080]  to go out and do her job.
[54:33.080 --> 54:37.040]  They took my wife's statement, my wife read the statement over
[54:37.040 --> 54:40.120]  and sent her a letter back for a time to get together
[54:40.120 --> 54:42.800]  so they both can sign it and date it.
[54:42.800 --> 54:46.120]  Well, she never got back with her to do that.
[54:46.120 --> 54:47.440]  Now, that's a crucial part of that.
[54:47.440 --> 54:49.440]  That was a crucial part of my case.
[54:49.440 --> 54:51.520]  That is a specific bargrievance.
[54:51.520 --> 54:54.520]  If you look, go to bargrievance, you
[54:54.520 --> 54:57.520]  can step through it really quickly the way it's set up.
[54:57.520 --> 55:01.320]  And that's not communicating with the client
[55:01.320 --> 55:04.480]  is a specific grievance.
[55:04.480 --> 55:06.320]  Yeah.
[55:06.320 --> 55:07.600]  Yep.
[55:07.600 --> 55:10.160]  Oh, that's what I figured.
[55:10.160 --> 55:12.600]  So just go have a look at bargrievance.net.
[55:12.600 --> 55:16.160]  Look through, kind of browse through what
[55:16.160 --> 55:17.840]  you can grieve him for.
[55:17.840 --> 55:22.240]  You'll be surprised what you can hammer him for.
[55:22.240 --> 55:24.760]  So we're going to have some more fun with this guy.
[55:24.760 --> 55:27.600]  He's not done yet.
[55:27.600 --> 55:30.160]  I've got another question for you.
[55:30.160 --> 55:40.160]  I sent the, asking for the bond holder for the county.
[55:40.160 --> 55:43.000]  And the county attorney sent me something back
[55:43.000 --> 55:48.440]  asking to be more, to clarify, more clarifications needed.
[55:48.440 --> 55:50.360]  More specific, yeah.
[55:50.360 --> 55:51.760]  Yeah.
[55:51.760 --> 55:57.240]  File a complaint against him for breaching the Open Records Act
[55:57.240 --> 56:00.360]  and then send him clarification.
[56:00.360 --> 56:08.160]  All insurance policies of any kind for the county.
[56:08.160 --> 56:11.600]  And insurance and policies you say?
[56:11.600 --> 56:15.200]  Yeah, bond is insurance.
[56:15.200 --> 56:18.280]  So just, if he's having a hard time figuring it out,
[56:18.280 --> 56:23.960]  request all insurance policies purchased by the county.
[56:23.960 --> 56:25.440]  OK.
[56:25.440 --> 56:25.920]  Will do.
[56:25.920 --> 56:31.160]  Do insurance or bonding of any kind, the whole thing.
[56:31.160 --> 56:32.880]  When they give me that kind of stuff,
[56:32.880 --> 56:37.600]  I give them my scope and content request.
[56:37.600 --> 56:40.600]  It asks for everything under the sun.
[56:40.600 --> 56:44.560]  And when they claim they don't understand my request,
[56:44.560 --> 56:47.880]  I tell them, well, go read the statute or ask the legislature.
[56:47.880 --> 56:49.000]  They wrote it.
[56:49.000 --> 56:53.080]  I just copied it out of the section of the Open Records Act
[56:53.080 --> 56:56.440]  that says these things specifically are open
[56:56.440 --> 56:58.280]  for public inspection.
[56:58.280 --> 57:02.080]  And I listed every one of them.
[57:02.080 --> 57:02.920]  OK.
[57:02.920 --> 57:07.080]  I only give them that one if they annoy me.
[57:07.080 --> 57:09.120]  Well, that said, you just gave me an idea.
[57:09.120 --> 57:13.920]  Should I send the attorney, my attorney, a letter
[57:13.920 --> 57:18.120]  asking him who his insurance is with?
[57:18.120 --> 57:21.080]  That's probably, well, he's probably going to tell you
[57:21.080 --> 57:23.160]  he doesn't have one.
[57:23.160 --> 57:28.600]  Because you got it canceled, chump.
[57:28.600 --> 57:30.720]  Yeah.
[57:30.720 --> 57:32.840]  Now there's your bond under Ryder.
[57:32.840 --> 57:37.000]  Yeah, that's a good idea, ask him for his insurance carrier.
[57:37.000 --> 57:38.160]  That's what I think I'll do.
[57:38.160 --> 57:40.800]  I'll send him his little letter here
[57:40.800 --> 57:42.640]  and within his 30-day stuff.
[57:42.640 --> 57:45.080]  And I'll see what he likes.
[57:45.080 --> 57:47.360]  He gets a little chuckle out of that.
[57:47.360 --> 57:51.240]  Yes, send that back asking for a complete accounting
[57:51.240 --> 57:53.840]  and dispute all his debt.
[57:53.840 --> 57:55.560]  Also ask him if he's bonded.
[57:55.560 --> 57:58.520]  And if so, what is the identification number
[57:58.520 --> 58:01.520]  on that specific bond?
[58:01.520 --> 58:04.720]  OK, I'll do that.
[58:04.720 --> 58:08.240]  I might want to put a lien on that.
[58:08.240 --> 58:10.760]  He's going to send you some really nice Christmas
[58:10.760 --> 58:12.840]  presents this year.
[58:12.840 --> 58:16.480]  OK, do you have anything else, Paul?
[58:16.480 --> 58:17.440]  Oh, nothing.
[58:17.440 --> 58:19.520]  I can take it right at the moment, guys.
[58:19.520 --> 58:20.400]  OK, thank you.
[58:20.400 --> 58:22.880]  We're about to go to break.
[58:22.880 --> 58:26.160]  When we come back, we're going to go to Leslie in California.
[58:26.160 --> 58:28.000]  Leslie, hang on.
[58:28.000 --> 58:31.720]  This is Randy Kelton, Deborah Stevens, Rule of Law Radio.
[58:31.720 --> 58:34.320]  We're here with Steve Skidmore.
[58:34.320 --> 58:38.720]  Our call-in number, 512-646-1984.
[58:38.720 --> 58:39.560]  Give us a call.
[58:39.560 --> 58:41.320]  We've got another hour.
[58:41.320 --> 58:43.800]  We've got four on the bridge.
[58:43.800 --> 58:45.600]  They tend to build up toward the end.
[58:45.600 --> 58:48.000]  So call in early, get in line.
[58:48.000 --> 58:50.880]  We'll be right back.
[58:50.880 --> 58:53.320]  Would you like to make more definite progress
[58:53.320 --> 58:54.680]  in your walk with God?
[58:54.680 --> 58:58.160]  Bibles for America is offering a free study Bible
[58:58.160 --> 59:01.600]  and a set of free Christian books that can really help.
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[59:08.600 --> 59:10.520]  contains thousands of footnotes that
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[59:16.200 --> 59:19.040]  called Basic Elements of the Christian Life.
[59:19.040 --> 59:22.040]  Chapter by chapter, Basic Elements of the Christian Life
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[59:24.880 --> 59:28.520]  growing in Christ, and how to build up the Church.
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[59:31.440 --> 59:34.520]  and Basic Elements of the Christian Life,
[59:34.520 --> 59:41.160]  call Bibles for America toll free at 888-551-0102.
[59:41.160 --> 59:45.720]  That's 888-551-0102.
[59:45.720 --> 59:47.840]  Or visit us online at bfa.org.
[59:52.800 --> 59:56.320]  You're listening to the Logos Radio Network
[59:56.320 --> 59:58.000]  at logosradionetwork.com.
[01:00:03.080 --> 01:00:06.560]  You're listening to the Liberty Beats, your daily source
[01:00:06.560 --> 01:00:09.200]  for Liberty news and activist updates,
[01:00:09.200 --> 01:00:11.600]  online at thelibertybeats.com.
[01:00:15.120 --> 01:00:18.640]  John Bush here with your Liberty Beat for May 3, 2013.
[01:00:18.640 --> 01:00:23.240]  Gold open today at $1,464, silver at $23.84,
[01:00:23.240 --> 01:00:26.440]  and Bitcoin is trading at $80.46.
[01:00:26.440 --> 01:00:28.480]  Support for the Liberty Beat comes from Capital City
[01:00:28.480 --> 01:00:30.680]  Automotive, Honest, Reliable, and Affordable Auto
[01:00:30.680 --> 01:00:32.800]  Repair for vehicles foreign and domestic,
[01:00:32.800 --> 01:00:34.920]  located at 1802 South Congress.
[01:00:34.920 --> 01:00:42.040]  Buy phone at 512-447-2886 and online at capitalcityautoaustin.com.
[01:00:42.040 --> 01:00:43.640]  And now the news.
[01:00:43.640 --> 01:00:46.160]  According to a poll conducted by the Farlay Dickinson
[01:00:46.160 --> 01:00:48.600]  University, 29% of registered voters
[01:00:48.600 --> 01:00:50.240]  think that an armed revolution may
[01:00:50.240 --> 01:00:51.880]  be unavoidable in the next few years
[01:00:51.880 --> 01:00:53.400]  to preserve our civil liberties.
[01:00:53.400 --> 01:00:56.360]  The poll surveyed 863 registered voters
[01:00:56.360 --> 01:00:58.520]  and focused on both gun control and the possibility
[01:00:58.520 --> 01:01:00.720]  of an armed revolution in the United States.
[01:01:00.720 --> 01:01:02.720]  The poll specifically asked the registered voters
[01:01:02.720 --> 01:01:06.560]  whether they agreed, disagreed, neither agreed nor disagreed,
[01:01:06.560 --> 01:01:09.600]  did not know or refuse to answer the following statement.
[01:01:09.600 --> 01:01:11.520]  In the next few years, an armed revolution
[01:01:11.520 --> 01:01:14.160]  might be necessary in order to protect our liberties.
[01:01:14.160 --> 01:01:18.240]  The results showed that 29% agreed, 47% disagreed,
[01:01:18.240 --> 01:01:22.440]  18% neither agreed nor disagreed, 5% said they were unsure,
[01:01:22.440 --> 01:01:24.440]  and just 1% refused to answer.
[01:01:24.440 --> 01:01:26.920]  These figures demonstrate the public's growing frustration
[01:01:26.920 --> 01:01:29.440]  with overbearing powers of the current administration.
[01:01:29.440 --> 01:01:36.360]  According to a new scientific study completed
[01:01:36.360 --> 01:01:38.120]  by the University of California, Berkeley,
[01:01:38.120 --> 01:01:40.520]  several metals found inside lipsticks and chapsticks
[01:01:40.520 --> 01:01:43.320]  could be carcinogous and dangerous to long-term health.
[01:01:43.320 --> 01:01:45.720]  Products included inside the generic store-brought lipstick
[01:01:45.720 --> 01:01:48.000]  compounds were chromium, aluminum, cadmium,
[01:01:48.000 --> 01:01:48.880]  and of course, lead.
[01:01:48.880 --> 01:01:50.920]  The study also proved that many of the lip products
[01:01:50.920 --> 01:01:53.240]  contained very high concentrations of aluminum
[01:01:53.240 --> 01:01:56.240]  and titanium, according to the San Jose Mercury News.
[01:01:56.240 --> 01:01:58.360]  In addition, lipsticks were found to overwhelmingly
[01:01:58.360 --> 01:02:00.440]  contain hexavalent chromium, which
[01:02:00.440 --> 01:02:03.160]  is a carcinogen linked strongly to developing stomach cancer
[01:02:03.160 --> 01:02:04.200]  in individuals.
[01:02:04.200 --> 01:02:05.920]  At this current time, the FDA does not
[01:02:05.920 --> 01:02:07.640]  regulate the high content of heavy metals
[01:02:07.640 --> 01:02:09.840]  found in lipstick and cosmetic materials sold
[01:02:09.840 --> 01:02:10.960]  throughout North America.
[01:02:16.440 --> 01:02:19.440]  The National Rifle Association is meeting in Houston, Texas
[01:02:19.440 --> 01:02:21.440]  this weekend and already drawing crowds
[01:02:21.440 --> 01:02:23.280]  to the amount of tens of thousands of people
[01:02:23.280 --> 01:02:25.760]  after recent efforts to exert new gun control legislation
[01:02:25.760 --> 01:02:27.120]  in the US Congress failed.
[01:02:27.120 --> 01:02:28.860]  According to Reuters, 70,000 people
[01:02:28.860 --> 01:02:30.400]  are expected to appear at the conference
[01:02:30.400 --> 01:02:32.240]  and rally dubbed the Stand and Fight Rally, which
[01:02:32.240 --> 01:02:34.200]  will feature keynote speakers like Glenn Beck
[01:02:34.200 --> 01:02:36.760]  and politicians, including Governor Rick Perry of Texas
[01:02:36.760 --> 01:02:38.720]  and Governor Bobby Jindal of Louisiana.
[01:02:38.720 --> 01:02:41.360]  Houston, currently the United States' fourth largest city
[01:02:41.360 --> 01:02:43.880]  in population, is already experiencing heightened security
[01:02:43.880 --> 01:02:46.680]  after a man shot his firearm at Houston's George Bush
[01:02:46.680 --> 01:02:48.600]  Intercontinental Airport and was later
[01:02:48.600 --> 01:02:50.040]  shot dead on the spot, apparently
[01:02:50.040 --> 01:02:52.280]  by an agent of the Department of Homeland Security.
[01:02:52.280 --> 01:02:53.880]  This time, conflicting reports relay
[01:02:53.880 --> 01:02:55.920]  the man either committed suicide or was murdered
[01:02:55.920 --> 01:02:57.600]  by an agent of Homeland Security.
[01:02:57.600 --> 01:03:00.200]  However, no evidence exists that it was, in fact, a suicide.
[01:03:00.200 --> 01:03:27.200]  ["I Will Live by My Father's House"]
[01:03:27.200 --> 01:03:54.200]  ["I Will Live by My Father's House"]
[01:03:54.200 --> 01:03:56.200]  ["I Will Live by My Father's House"]
[01:03:56.200 --> 01:04:22.200]  ["I Will Live by My Father's House"]
[01:04:22.200 --> 01:04:23.800]  OK, we are back.
[01:04:23.800 --> 01:04:27.280]  Randy Kelton, Deborah Stevens, here with Steve Skidmore.
[01:04:27.280 --> 01:04:30.920]  And we're going to Leslie in Pennsylvania.
[01:04:30.920 --> 01:04:32.520]  Hello, Ms. Leslie.
[01:04:32.520 --> 01:04:34.880]  Hi, how are you?
[01:04:34.880 --> 01:04:35.960]  I am wonderful.
[01:04:35.960 --> 01:04:38.320]  I don't care what Steve said.
[01:04:38.320 --> 01:04:41.880]  Don't listen to him.
[01:04:41.880 --> 01:04:44.080]  What do you have for us tonight?
[01:04:44.080 --> 01:04:47.320]  I get a question about the Universal Commercial Code,
[01:04:47.320 --> 01:04:50.200]  or Uniform Commercial Code, I'm sorry.
[01:04:50.200 --> 01:04:59.240]  Numbers, Article 3, Section 605 E and G.
[01:04:59.240 --> 01:05:01.000]  I don't have it memorized.
[01:05:01.000 --> 01:05:02.600]  I will have to look that up.
[01:05:02.600 --> 01:05:04.880]  I'll read you the first half of E.
[01:05:04.880 --> 01:05:07.200]  Impairment of collateral.
[01:05:07.200 --> 01:05:10.960]  Discharge of endorser or accommodation party
[01:05:10.960 --> 01:05:14.520]  if the obligation of a party to pay an instrument
[01:05:14.520 --> 01:05:17.960]  is secured by an interest in collateral.
[01:05:17.960 --> 01:05:21.000]  Any person entitled to enforce the instrument
[01:05:21.000 --> 01:05:25.600]  impairs the value of the interest in collateral.
[01:05:25.600 --> 01:05:29.280]  The obligation of the endorser or accommodation party
[01:05:29.280 --> 01:05:32.080]  having the right of recourse against the obliger
[01:05:32.080 --> 01:05:36.040]  is discharged to the extent of that impairment.
[01:05:36.040 --> 01:05:39.960]  Now, two paragraphs down, under G,
[01:05:39.960 --> 01:05:43.520]  it says impairing value of an interest in collateral.
[01:05:43.520 --> 01:05:47.120]  Under subsection E or F, impairing value
[01:05:47.120 --> 01:05:50.560]  of an interest in collateral includes failure
[01:05:50.560 --> 01:05:54.560]  to obtain or maintain perfection or recordation
[01:05:54.560 --> 01:05:58.080]  of interest in collateral and failure
[01:05:58.080 --> 01:06:01.760]  to perform a duty to preserve the value of collateral owed
[01:06:01.760 --> 01:06:05.280]  under Division IX relating to secured transactions
[01:06:05.280 --> 01:06:07.240]  or other law.
[01:06:07.240 --> 01:06:11.680]  Now, how does that reflect with Pennsylvania laws
[01:06:11.680 --> 01:06:17.280]  requiring recording every transfer of interest
[01:06:17.280 --> 01:06:18.600]  in a mortgage?
[01:06:18.600 --> 01:06:20.840]  OK, that's where I thought you were going.
[01:06:20.840 --> 01:06:25.200]  And I would have to back up and read the context
[01:06:25.200 --> 01:06:30.200]  because I don't think this goes to recordation
[01:06:30.200 --> 01:06:37.080]  in a public record, but rather a proper and correct accounting.
[01:06:37.080 --> 01:06:39.280]  If I read this right, if a person entitled
[01:06:39.280 --> 01:06:43.600]  to enforce an instrument agrees with that to the extension
[01:06:43.600 --> 01:06:46.840]  of the due date of the obligation of a party
[01:06:46.840 --> 01:06:55.240]  to pay the instrument, the extension discharges
[01:06:55.240 --> 01:06:58.880]  an endorser or accommodation party having
[01:06:58.880 --> 01:07:03.000]  a right of recourse against the party who's on the.
[01:07:03.000 --> 01:07:06.000]  OK, this is saying that if you have
[01:07:06.000 --> 01:07:10.120]  a claim against a borrower and you
[01:07:10.120 --> 01:07:15.120]  grant a fair forbearance or an extension,
[01:07:15.120 --> 01:07:20.240]  then you can't move against the party during the extension.
[01:07:20.240 --> 01:07:22.080]  OK.
[01:07:22.080 --> 01:07:24.360]  OK, against the party, accommodation party
[01:07:24.360 --> 01:07:28.040]  moves that the extension caused loss to the endorser,
[01:07:28.040 --> 01:07:31.320]  accommodation party, respect to the right of recourse.
[01:07:31.320 --> 01:07:33.320]  They really write this so it's confusing.
[01:07:33.320 --> 01:07:37.880]  The extension discharges an endorser or accommodation
[01:07:37.880 --> 01:07:41.920]  party having a right of recourse against the party whose
[01:07:41.920 --> 01:07:45.800]  obligation is extended.
[01:07:45.800 --> 01:07:47.640]  The endorser and accommodation party
[01:07:47.640 --> 01:07:52.600]  prove to the extent the endorser or accommodation party
[01:07:52.600 --> 01:07:55.440]  proves that the extension caused loss
[01:07:55.440 --> 01:07:58.080]  to the endorser or accommodation party
[01:07:58.080 --> 01:07:59.560]  respect to the right to recourse.
[01:07:59.560 --> 01:08:04.680]  I do not know what they mean by that.
[01:08:04.680 --> 01:08:08.840]  I would have to read that four or five times.
[01:08:08.840 --> 01:08:12.680]  I'd have to copy it out and break it out into pieces.
[01:08:12.680 --> 01:08:13.840]  Yeah.
[01:08:13.840 --> 01:08:16.920]  When I saw the impairment of collateral, I said, wait a minute.
[01:08:16.920 --> 01:08:19.240]  If it's a failure to maintain perfection
[01:08:19.240 --> 01:08:21.080]  of the interest in collateral, they
[01:08:21.080 --> 01:08:24.600]  didn't bring up to date all of the transfers.
[01:08:24.600 --> 01:08:30.200]  So it doesn't have to do with maintaining perfection.
[01:08:30.200 --> 01:08:31.840]  OK, let me break it apart.
[01:08:31.840 --> 01:08:35.520]  Maybe I can make it make sense.
[01:08:35.520 --> 01:08:36.020]  OK.
[01:08:38.800 --> 01:08:42.240]  If a person entitled to enforce an instrument
[01:08:42.240 --> 01:08:45.960]  agrees with or without consideration,
[01:08:45.960 --> 01:08:50.720]  and that means whether it's paid or not,
[01:08:50.720 --> 01:08:53.800]  to an extension of the obligation of a party
[01:08:53.800 --> 01:08:57.240]  to pay an instrument, pay the instrument,
[01:08:57.240 --> 01:09:02.880]  the extension discharges the endorser or accommodation
[01:09:02.880 --> 01:09:07.800]  party having a right to foreclose against the party
[01:09:07.800 --> 01:09:12.000]  whose obligation is extended to the extent
[01:09:12.000 --> 01:09:14.640]  the endorser or accommodation party proves
[01:09:14.640 --> 01:09:21.560]  that the extension caused loss, that does not make any sense.
[01:09:21.560 --> 01:09:24.400]  It seems to contradict itself.
[01:09:24.400 --> 01:09:26.640]  A lawyer had to have written this one.
[01:09:29.320 --> 01:09:34.080]  Yeah, that's why I started down at D, at E,
[01:09:34.080 --> 01:09:36.680]  because the other stuff didn't make any sense to me either.
[01:09:36.680 --> 01:09:39.080]  And I was looking under discharge under work conditions,
[01:09:39.080 --> 01:09:39.580]  you know?
[01:09:44.240 --> 01:09:47.520]  It sounded to me by that little excerpt
[01:09:47.520 --> 01:09:52.280]  that you spoke of there last, Leslie.
[01:09:52.280 --> 01:09:54.400]  It sounds like you're on point.
[01:09:54.400 --> 01:10:00.640]  It does sound like it's speaking to recordation of securities.
[01:10:00.640 --> 01:10:01.440]  OK, let me do it.
[01:10:01.440 --> 01:10:03.680]  That was G, right?
[01:10:03.680 --> 01:10:06.440]  Yes.
[01:10:06.440 --> 01:10:09.400]  OK, let me capture out G and break it apart
[01:10:09.400 --> 01:10:12.160]  so we can make sense of it.
[01:10:12.160 --> 01:10:17.080]  Whenever I have a big paragraph like that,
[01:10:17.080 --> 01:10:21.760]  I like to break it apart so I look at it sentence by sentence.
[01:10:21.760 --> 01:10:30.320]  Under subsection G or E, I'm sorry, under subsection E or F,
[01:10:30.320 --> 01:10:36.160]  impairing value of an interest in collateral includes,
[01:10:36.160 --> 01:10:42.240]  I, failure to obtain or maintain perfection or recordation
[01:10:42.240 --> 01:10:46.160]  of the interest in collateral.
[01:10:46.160 --> 01:10:50.040]  II, release of collateral without substitution
[01:10:50.040 --> 01:10:53.960]  of collateral of equal value.
[01:10:53.960 --> 01:10:57.960]  III, failure to perform a duty to preserve
[01:10:57.960 --> 01:11:03.800]  the value of the collateral under Article IX or other law
[01:11:03.800 --> 01:11:08.600]  to a debtor or security or other person secondarily liable.
[01:11:08.600 --> 01:11:14.600]  Or, IV, failure to comply with applicable law
[01:11:14.600 --> 01:11:19.080]  in disposing of collateral.
[01:11:19.080 --> 01:11:25.720]  OK, under subsection E or F, impairing the value
[01:11:25.720 --> 01:11:28.560]  of interest in collateral.
[01:11:28.560 --> 01:11:34.160]  So if someone fails to comply with applicable law
[01:11:34.160 --> 01:11:40.080]  in disposing of collateral, then they
[01:11:40.080 --> 01:11:44.760]  impair the value of the interest in the collateral.
[01:11:44.760 --> 01:11:51.960]  Let's go back up to C. Now, this is OK.
[01:11:51.960 --> 01:11:54.120]  The collateral, I take it, we're talking about here
[01:11:54.120 --> 01:11:55.600]  is real property?
[01:11:55.600 --> 01:11:56.880]  Yes.
[01:11:56.880 --> 01:11:59.680]  I think it'd go to any, but for our context,
[01:11:59.680 --> 01:12:01.320]  it's going to be real property.
[01:12:01.320 --> 01:12:03.480]  Yeah, I was wondering about this context.
[01:12:03.480 --> 01:12:03.960]  OK.
[01:12:03.960 --> 01:12:13.400]  If a person, hold on a minute, entitled
[01:12:13.400 --> 01:12:18.520]  to enforce an instrument agrees with or without consideration
[01:12:18.520 --> 01:12:21.720]  to an extension of the date of the obligation of a party
[01:12:21.720 --> 01:12:25.720]  to pay the instrument, the extension
[01:12:25.720 --> 01:12:34.160]  discharges an endorser, what does endorser mean here?
[01:12:34.160 --> 01:12:39.240]  I would have to look that up.
[01:12:39.240 --> 01:12:41.800]  Endorser or accommodation party.
[01:12:46.040 --> 01:12:47.600]  Endorse, OK.
[01:12:47.600 --> 01:12:51.880]  To the, OK, if a person entitled to enforce an instrument
[01:12:51.880 --> 01:12:54.360]  agrees with or without consideration
[01:12:54.360 --> 01:12:58.120]  to an extension of the date of the obligation of the party
[01:12:58.120 --> 01:13:01.800]  to pay the instrument, the extension
[01:13:01.800 --> 01:13:05.760]  discharges an endorser or accommodation party
[01:13:05.760 --> 01:13:08.480]  having a right of recourse against the party whose
[01:13:08.480 --> 01:13:09.720]  obligation is extended.
[01:13:14.000 --> 01:13:18.120]  To the extent the endorser or accommodation party
[01:13:18.120 --> 01:13:26.640]  proves that the extension causes loss to the endorser.
[01:13:26.640 --> 01:13:32.320]  Endorser, Leslie, have you looked that up?
[01:13:32.320 --> 01:13:35.000]  Under definition under A, it says
[01:13:35.000 --> 01:13:38.040]  includes the drawer having the obligation described
[01:13:38.040 --> 01:13:42.640]  in section 3414.
[01:13:42.640 --> 01:13:45.600]  You said dweller?
[01:13:45.600 --> 01:13:46.400]  Drawer.
[01:13:46.400 --> 01:13:47.480]  The drawer.
[01:13:47.480 --> 01:13:49.680]  So drawer.
[01:13:49.680 --> 01:13:52.320]  So this is the person being paid.
[01:13:52.320 --> 01:13:54.480]  Right.
[01:13:54.480 --> 01:13:56.960]  OK, let me read that back again.
[01:13:56.960 --> 01:13:59.440]  If a person entitled to enforce an instrument
[01:13:59.440 --> 01:14:01.120]  agrees with or without consideration
[01:14:01.120 --> 01:14:04.320]  to an extension of the due date of the obligation of the party
[01:14:04.320 --> 01:14:07.560]  to pay the instrument, the extension
[01:14:07.560 --> 01:14:13.640]  discharges a payee or accommodation party
[01:14:13.640 --> 01:14:16.760]  having a right of recourse against the party whose
[01:14:16.760 --> 01:14:18.080]  obligation is extended.
[01:14:22.000 --> 01:14:24.440]  Discharges an endorser.
[01:14:27.280 --> 01:14:29.200]  What does that mean?
[01:14:33.080 --> 01:14:34.800]  Steve, you got any idea what that is?
[01:14:34.800 --> 01:14:40.360]  Discharge of endorsers and accommodations.
[01:14:40.360 --> 01:14:42.640]  Or accommodation party.
[01:14:42.640 --> 01:14:44.880]  Yeah.
[01:14:44.880 --> 01:14:53.240]  1303.70, or UCC 3605, right?
[01:14:53.240 --> 01:14:55.280]  Yeah, yes.
[01:14:55.280 --> 01:14:55.760]  Yeah.
[01:14:59.760 --> 01:15:05.160]  Well, from what I'm seeing in here is you've got somebody
[01:15:05.160 --> 01:15:09.520]  where this, let's take a negotiable instrument.
[01:15:09.520 --> 01:15:10.880]  You've got an endorser.
[01:15:10.880 --> 01:15:13.640]  Somebody's going to endorse that.
[01:15:13.640 --> 01:15:17.600]  And if they go to collect on it and it's no good,
[01:15:17.600 --> 01:15:19.440]  it offers the endorser remedy.
[01:15:22.880 --> 01:15:25.880]  That's kind of what I'm getting from it.
[01:15:25.880 --> 01:15:29.400]  It's a problem with a statute that's indecipherable.
[01:15:32.720 --> 01:15:39.640]  How is this thing to be affected if we who read lots of statutes
[01:15:39.640 --> 01:15:42.200]  can't make sense of it?
[01:15:42.200 --> 01:15:44.840]  Probably have to look up each term.
[01:15:44.840 --> 01:15:49.920]  Discharges, endorser, accommodation party.
[01:15:49.920 --> 01:15:54.480]  Precisely what does accommodation party mean?
[01:15:54.480 --> 01:16:01.960]  It's not clear in the context who's accommodating who here.
[01:16:01.960 --> 01:16:03.720]  Right.
[01:16:03.720 --> 01:16:08.240]  It's an accommodation party having a right of recourse
[01:16:08.240 --> 01:16:13.080]  against the party whose obligation is extended.
[01:16:13.080 --> 01:16:15.200]  OK, let's see if I can find a way to read this
[01:16:15.200 --> 01:16:17.360]  that it makes sense.
[01:16:17.360 --> 01:16:20.200]  The person entitled to enforce an instrument agrees
[01:16:20.200 --> 01:16:23.320]  with or without consideration to an extension of the due date
[01:16:23.320 --> 01:16:27.920]  of the obligation of the party to pay the instrument.
[01:16:27.920 --> 01:16:32.280]  The extension discharges an endorser or accommodation
[01:16:32.280 --> 01:16:35.840]  party having a right to recourse against the party whose
[01:16:35.840 --> 01:16:37.440]  obligation is extended.
[01:16:37.440 --> 01:16:41.880]  That seems to say that the endorser can't make a claim
[01:16:41.880 --> 01:16:44.600]  against the party who got extended.
[01:16:44.600 --> 01:16:49.320]  Hang on, this is Randy Kelton, Deborah Stevens,
[01:16:49.320 --> 01:16:52.720]  rule of law radio, there's my clock.
[01:16:52.720 --> 01:16:56.480]  Call in number 512-646-1984.
[01:16:56.480 --> 01:16:58.440]  We'll be right back on the other side.
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[01:19:02.360 --> 01:19:15.360]  This is the Logos Logos Radio Network.
[01:19:15.360 --> 01:19:39.360]  Okay, we are back.
[01:19:39.360 --> 01:19:42.360]  Randy Kelton, Debra Stevens here with Steve Skidmore,
[01:19:42.360 --> 01:19:47.360]  and we're talking to Leslie in Pennsylvania,
[01:19:47.360 --> 01:19:49.360]  and you have stumped the chumps.
[01:19:49.360 --> 01:19:54.360]  Over the break, I was trying to find a way to read this that made sense,
[01:19:54.360 --> 01:20:04.360]  and I'm down to one term that's not clear from the context what it actually means.
[01:20:04.360 --> 01:20:11.360]  I think we know what discharges means, but in this context, it's unclear.
[01:20:11.360 --> 01:20:14.360]  If a person entitled and forced to an instrument
[01:20:14.360 --> 01:20:18.360]  agrees with that consideration to an extension of the debt,
[01:20:18.360 --> 01:20:25.360]  if a debt collector grants a forbearance,
[01:20:25.360 --> 01:20:31.360]  the extension discharges an endorser accommodation party
[01:20:31.360 --> 01:20:36.360]  having a right of recourse against the party whose obligation is extended.
[01:20:36.360 --> 01:20:42.360]  What does that mean, discharges?
[01:20:42.360 --> 01:20:43.360]  Right.
[01:20:43.360 --> 01:20:44.360]  Leslie?
[01:20:44.360 --> 01:20:47.360]  It brought to my attention was the discharge of endorsers
[01:20:47.360 --> 01:20:51.360]  and accommodation parties at the beginning of the subsection 605.
[01:20:51.360 --> 01:20:54.360]  And I thought, you know, discharge, that means,
[01:20:54.360 --> 01:21:01.360]  discharge means eliminate like, you know.
[01:21:01.360 --> 01:21:08.360]  It would seem, this appears to be saying that if someone entitled
[01:21:08.360 --> 01:21:15.360]  or enforced an instrument grants a forbearance,
[01:21:15.360 --> 01:21:22.360]  and another party with an interest in that instrument is harmed by it,
[01:21:22.360 --> 01:21:28.360]  it says the extension discharges an endorser accommodation party
[01:21:28.360 --> 01:21:31.360]  having a right to recourse.
[01:21:31.360 --> 01:21:32.360]  Right.
[01:21:32.360 --> 01:21:34.360]  Well, it says it gives different reasons,
[01:21:34.360 --> 01:21:40.360]  like B, C, and D, and E are all different kinds of discharge.
[01:21:40.360 --> 01:21:42.360]  If you're looking for an extension of a due date,
[01:21:42.360 --> 01:21:51.360]  one's for material modification, and one's for an impairment of collateral.
[01:21:51.360 --> 01:21:56.360]  Well, what doesn't make sense is, is it discharges an endorser
[01:21:56.360 --> 01:22:01.360]  to the extent they can prove they were harmed.
[01:22:01.360 --> 01:22:12.360]  So is this, there has to be something in the codes before and after this one,
[01:22:12.360 --> 01:22:16.360]  because this is absolutely not making sense.
[01:22:16.360 --> 01:22:19.360]  Because under the impairment of collateral section,
[01:22:19.360 --> 01:22:22.360]  it says the value of an interest in collateral is impaired
[01:22:22.360 --> 01:22:26.360]  to the extent the value of the interest is reduced
[01:22:26.360 --> 01:22:29.360]  to an amount less than the amount of the right of recourse
[01:22:29.360 --> 01:22:34.360]  of the party asserting discharge.
[01:22:34.360 --> 01:22:37.360]  This all sounds like word salad.
[01:22:37.360 --> 01:22:39.360]  Let me go back to A and B.
[01:22:39.360 --> 01:22:41.360]  It may help.
[01:22:41.360 --> 01:22:46.360]  A discharge of endorsers and accommodation parties.
[01:22:46.360 --> 01:22:52.360]  Under this section, the term endorser includes a drawer having the obligation
[01:22:52.360 --> 01:22:59.360]  described in section 3-414.
[01:22:59.360 --> 01:23:05.360]  Discharge under this section, 3604, of the obligation of a party to pay an instrument
[01:23:05.360 --> 01:23:09.360]  does not discharge the obligation of an endorser or accommodation party
[01:23:09.360 --> 01:23:16.360]  having a right of recourse against a discharge party.
[01:23:16.360 --> 01:23:18.360]  Okay.
[01:23:18.360 --> 01:23:29.360]  This sounds like if, no, I have no idea.
[01:23:29.360 --> 01:23:34.360]  It sounds like somebody is discharging a debt,
[01:23:34.360 --> 01:23:39.360]  but somebody else has a claim against the debt.
[01:23:39.360 --> 01:23:43.360]  Well, what I'm not sure of is if they're talking about somebody
[01:23:43.360 --> 01:23:52.360]  that also owes on the debt or someone who should be paid when the debt is paid.
[01:23:52.360 --> 01:23:57.360]  So this is absolutely unclear.
[01:23:57.360 --> 01:24:01.360]  I'd probably have to read the whole section for this to make sense.
[01:24:01.360 --> 01:24:05.360]  So you have definitely stumped the chumps.
[01:24:05.360 --> 01:24:06.360]  Okay.
[01:24:06.360 --> 01:24:11.360]  Congratulations.
[01:24:11.360 --> 01:24:14.360]  At this point, I have no idea what that means.
[01:24:14.360 --> 01:24:16.360]  Because when it said impairing the value,
[01:24:16.360 --> 01:24:20.360]  I said, well, that sounds like what they do with MERS.
[01:24:20.360 --> 01:24:22.360]  It clouds the title.
[01:24:22.360 --> 01:24:24.360]  And if the title, damn it.
[01:24:24.360 --> 01:24:35.360]  My problem here is I've learned to be very careful about trying to interpret
[01:24:35.360 --> 01:24:39.360]  what a legislation means.
[01:24:39.360 --> 01:24:50.360]  They're required to be written clearly so that an ordinary person can understand them.
[01:24:50.360 --> 01:24:54.360]  That's what they're supposed to be.
[01:24:54.360 --> 01:25:00.360]  So it appears as though I'm missing something very basic here.
[01:25:00.360 --> 01:25:04.360]  There's a basic piece of knowledge that I don't have here.
[01:25:04.360 --> 01:25:07.360]  You're not alone.
[01:25:07.360 --> 01:25:13.360]  And for me to, you know, this is kind of the problem I see with the Bible
[01:25:13.360 --> 01:25:17.360]  is people read something in there they don't understand,
[01:25:17.360 --> 01:25:23.360]  and then they feel at liberty to come up with any explanation
[01:25:23.360 --> 01:25:28.360]  of what they don't understand that seems to fit well with them
[01:25:28.360 --> 01:25:33.360]  at the time they make the evaluation.
[01:25:33.360 --> 01:25:34.360]  This makes sense.
[01:25:34.360 --> 01:25:41.360]  And I'm trying to be careful to try to determine what they're actually talking about
[01:25:41.360 --> 01:25:47.360]  without interpreting my perspective into the mix.
[01:25:47.360 --> 01:25:49.360]  But I'm having trouble here.
[01:25:49.360 --> 01:25:54.360]  I don't seem to have enough information to make sense.
[01:25:54.360 --> 01:26:00.360]  There are clearly terms of art they're using.
[01:26:00.360 --> 01:26:08.360]  Is there a definition section in this, in 3-6?
[01:26:08.360 --> 01:26:21.360]  We're going to have to move on because I've got a bunch of calls,
[01:26:21.360 --> 01:26:25.360]  and this is the kind of thing that I, as an engineer,
[01:26:25.360 --> 01:26:29.360]  I kind of like to do is take these things apart.
[01:26:29.360 --> 01:26:34.360]  But I've got four more callers, so it wouldn't be fair for me to hold them up.
[01:26:34.360 --> 01:26:38.360]  Okay.
[01:26:38.360 --> 01:26:42.360]  I'm sorry, Leslie, you stumped the jumps.
[01:26:42.360 --> 01:26:44.360]  Okay, good night.
[01:26:44.360 --> 01:26:48.360]  Okay, thank you.
[01:26:48.360 --> 01:26:52.360]  Okay, now let's see if we can get stumped some more.
[01:26:52.360 --> 01:26:58.360]  We're going to Carlos in California.
[01:26:58.360 --> 01:27:02.360]  Hello, Carlos.
[01:27:02.360 --> 01:27:04.360]  I've got two Carloses up here.
[01:27:04.360 --> 01:27:06.360]  They're both in California,
[01:27:06.360 --> 01:27:09.360]  so I'm going to assume that one of them is working and one is not.
[01:27:09.360 --> 01:27:14.360]  Hello, Carlos, are you there?
[01:27:14.360 --> 01:27:20.360]  Carlos, did we put you to sleep?
[01:27:20.360 --> 01:27:22.360]  There's someone sunbarked.
[01:27:22.360 --> 01:27:24.360]  Signs of life.
[01:27:24.360 --> 01:27:27.360]  Okay, we'll try them in a little bit.
[01:27:27.360 --> 01:27:31.360]  Okay, Michael in Tejas.
[01:27:31.360 --> 01:27:33.360]  Hello, Randy.
[01:27:33.360 --> 01:27:34.360]  Howdy, howdy.
[01:27:34.360 --> 01:27:37.360]  What do you have for us today?
[01:27:37.360 --> 01:27:41.360]  Well, sir, first of all, I have an apology to you for Thursday night
[01:27:41.360 --> 01:27:44.360]  where I threw in a non sequitur,
[01:27:44.360 --> 01:27:49.360]  but it was actually an answer to a question that you had asked,
[01:27:49.360 --> 01:27:54.360]  and I know either the break or something had cut us off,
[01:27:54.360 --> 01:27:57.360]  and you didn't hear that.
[01:27:57.360 --> 01:28:01.360]  I didn't hear the question being asked clearly, so first of all,
[01:28:01.360 --> 01:28:03.360]  I wanted to apologize for that,
[01:28:03.360 --> 01:28:07.360]  but I did want to give you some bit of good news.
[01:28:07.360 --> 01:28:09.360]  Okay.
[01:28:09.360 --> 01:28:14.360]  That news is that, like I said, I know it's kind of off topic for tonight,
[01:28:14.360 --> 01:28:18.360]  but it actually goes toward remedies,
[01:28:18.360 --> 01:28:23.360]  and I may or may not have use for that tort letter after all
[01:28:23.360 --> 01:28:28.360]  because I'd actually gotten a phone call from the executive
[01:28:28.360 --> 01:28:35.360]  in charge of the corporation that had that prepaid funeral contract
[01:28:35.360 --> 01:28:40.360]  to actually contact the funeral home from which it was purchased,
[01:28:40.360 --> 01:28:44.360]  and as I informed them and stuff.
[01:28:44.360 --> 01:28:46.360]  Okay, wait, hold on, hold on.
[01:28:46.360 --> 01:28:50.360]  Back up just a little bit and give everybody just a real quick synopsis
[01:28:50.360 --> 01:28:54.360]  so they're kind of oriented on where you're at.
[01:28:54.360 --> 01:28:55.360]  Okay.
[01:28:55.360 --> 01:28:58.360]  Like I said, this started back in 1980.
[01:28:58.360 --> 01:29:04.360]  My parents had bought a prepaid funeral services contract from a funeral home
[01:29:04.360 --> 01:29:08.360]  for a service and burial.
[01:29:08.360 --> 01:29:11.360]  Since they had moved from their old address to a new address,
[01:29:11.360 --> 01:29:14.360]  they lost their copy of the contract.
[01:29:14.360 --> 01:29:22.360]  We tried to get a hold of the funeral home who flat out refused to even deal with us
[01:29:22.360 --> 01:29:26.360]  because they said first of all there was no contract,
[01:29:26.360 --> 01:29:32.360]  and then when we found out who their management company was who contacted them,
[01:29:32.360 --> 01:29:35.360]  the management company said there was a contract
[01:29:35.360 --> 01:29:38.360]  and we were able to get the policy number.
[01:29:38.360 --> 01:29:42.360]  So now we're getting into what might be a tort fight
[01:29:42.360 --> 01:29:45.360]  to get them to compel.
[01:29:45.360 --> 01:29:46.360]  Okay, okay, hold on, hold on.
[01:29:46.360 --> 01:29:49.360]  Okay, now we'll pick this up when we come back.
[01:29:49.360 --> 01:29:50.360]  We're about to go to break.
[01:29:50.360 --> 01:29:53.360]  Randy Kelton, David Stevens, Rule of Law Radio,
[01:29:53.360 --> 01:29:57.360]  a call-in number, 512-646-1984.
[01:29:57.360 --> 01:30:02.360]  We'll be right back.
[01:30:02.360 --> 01:30:06.360]  If someone wanted to tamper with your utilities or access your phone records,
[01:30:06.360 --> 01:30:10.360]  chances are they could do it pretty easily unless you know this tip.
[01:30:10.360 --> 01:30:14.360]  I'm Dr. Catherine Albrecht, and I'll be right back with details.
[01:30:40.360 --> 01:30:48.360]  A few years ago, a hacker accessed my phone and banking records
[01:30:48.360 --> 01:30:52.360]  using my name, social security number, and date of birth.
[01:30:52.360 --> 01:30:56.360]  Nowadays, such information is available all too easily from the internet.
[01:30:56.360 --> 01:30:59.360]  I wised up after that and instructed my bank and utilities
[01:30:59.360 --> 01:31:02.360]  to add a pass question to my account.
[01:31:02.360 --> 01:31:05.360]  Now a note in my file instructs agents to ask a simple question
[01:31:05.360 --> 01:31:08.360]  to verify that it's really me on the line.
[01:31:08.360 --> 01:31:11.360]  I gave each company a different question that can't be easily guessed
[01:31:11.360 --> 01:31:15.360]  or researched online and that only I know the answer to.
[01:31:15.360 --> 01:31:19.360]  Those hackers will never guess the name of the first boy I had a crush on.
[01:31:19.360 --> 01:31:20.360]  I'm Dr. Catherine Albrecht.
[01:31:20.360 --> 01:31:28.360]  More news and information at CatherineAlbrecht.com.
[01:31:28.360 --> 01:31:30.360]  Here at Zombie Killer Ammo and Guns,
[01:31:30.360 --> 01:31:33.360]  we believe that the Second Amendment guarantees our rights as citizens
[01:31:33.360 --> 01:31:36.360]  to be able to defend ourselves and our loved ones.
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[01:32:59.360 --> 01:33:02.360]  You are listening to the Logos Radio Network,
[01:33:02.360 --> 01:33:30.360]  LogosRadioNetwork.com.
[01:33:33.360 --> 01:33:36.360]  They come from natural divinity
[01:33:36.360 --> 01:33:39.360]  with steadfast roots in authenticity
[01:33:39.360 --> 01:33:42.360]  as the tools to regain dignity
[01:33:42.360 --> 01:33:45.360]  and rebuild the crime divinity
[01:33:45.360 --> 01:33:52.360]  And I say, truth in nature must be justice, I believe
[01:33:52.360 --> 01:33:58.360]  Truth in nature must be justice
[01:33:58.360 --> 01:34:01.360]  And though it's a daunting task
[01:34:01.360 --> 01:34:03.360]  At least I got the PCC
[01:34:03.360 --> 01:34:05.360]  I said I'm all that just ain't wrong
[01:34:05.360 --> 01:34:07.360]  Okay, we are back.
[01:34:07.360 --> 01:34:09.360]  Randy Kelton, David Stevens,
[01:34:09.360 --> 01:34:12.360]  Rubio Radio, here with Steve Skidmore.
[01:34:12.360 --> 01:34:15.360]  And we're talking to Mike in Texas.
[01:34:15.360 --> 01:34:22.360]  Okay, your parents had a burial policy paid for.
[01:34:22.360 --> 01:34:25.360]  The funeral home wouldn't honor it.
[01:34:25.360 --> 01:34:28.360]  You went to corporate.
[01:34:28.360 --> 01:34:30.360]  Okay, pick it up.
[01:34:30.360 --> 01:34:33.360]  Okay, like I said, after contacting corporates
[01:34:33.360 --> 01:34:39.360]  and going through the run around with customer service,
[01:34:39.360 --> 01:34:44.360]  I finally just used a lesson that I've learned from listening to your show
[01:34:44.360 --> 01:34:49.360]  and was assertive and asked to speak to a corporate officer.
[01:34:49.360 --> 01:34:52.360]  Well, I got transferred to a gentleman in Houston, Texas
[01:34:52.360 --> 01:34:56.360]  and I was speaking to somebody in Fort Worth
[01:34:56.360 --> 01:34:59.360]  and it was the perfect example of a car baby
[01:34:59.360 --> 01:35:04.360]  because this was actually the person I was wanting to get a hold of
[01:35:04.360 --> 01:35:07.360]  in the beginning but didn't know it
[01:35:07.360 --> 01:35:11.360]  because this guy was definitely with the opinion of
[01:35:11.360 --> 01:35:13.360]  give these people what they want.
[01:35:13.360 --> 01:35:16.360]  I don't want to deal with this garbage any longer.
[01:35:16.360 --> 01:35:20.360]  And he had actually personally called the funeral home
[01:35:20.360 --> 01:35:25.360]  and the time it took me to walk over to my parents' house,
[01:35:25.360 --> 01:35:30.360]  the funeral home was calling my parents and basically kissing their butt.
[01:35:30.360 --> 01:35:36.360]  So it was one of those situations where just being assertive
[01:35:36.360 --> 01:35:43.360]  and knowing your rights and making sure to give that idea to the person
[01:35:43.360 --> 01:35:47.360]  you're talking to that maybe you know a little something that they don't.
[01:35:47.360 --> 01:35:53.360]  Well, the only thing that my question was is I think the guy was trying to trap me
[01:35:53.360 --> 01:35:57.360]  and stuff where he asked me if I was an attorney and I said,
[01:35:57.360 --> 01:36:03.360]  no, sir, I'm a pro se litigant and I happen to know the law
[01:36:03.360 --> 01:36:06.360]  and that shut him up right away.
[01:36:06.360 --> 01:36:09.360]  In fact, when I said that and stuff, he got the idea,
[01:36:09.360 --> 01:36:13.360]  yeah, this guy probably knows what's going to go on
[01:36:13.360 --> 01:36:15.360]  and I don't think he's going to let it go
[01:36:15.360 --> 01:36:20.360]  so we might as well give in and give him what he wants.
[01:36:20.360 --> 01:36:26.360]  I have a pat response to, are you an attorney?
[01:36:26.360 --> 01:36:32.360]  I told this to a district judge that I bushwhacked in Montgomery County
[01:36:32.360 --> 01:36:37.360]  with a writ of habeas corpus, they stopped a murder trial to hear the writ
[01:36:37.360 --> 01:36:40.360]  and he said, Mr. Kelton, are you a lawyer?
[01:36:40.360 --> 01:36:45.360]  Oh, no, Your Honor, I sleep well at night and keep my hands in my own pockets.
[01:36:45.360 --> 01:36:48.360]  Thank you very much.
[01:36:48.360 --> 01:36:50.360]  All right.
[01:36:50.360 --> 01:36:56.360]  He did not find the humor in that and had me thrown out of the courtroom.
[01:36:56.360 --> 01:36:57.360]  But it was fun saying it.
[01:36:57.360 --> 01:36:59.360]  Okay, go ahead, I interrupt you.
[01:36:59.360 --> 01:37:01.360]  Yeah, well, that's fine.
[01:37:01.360 --> 01:37:08.360]  I just wanted to say that just by being assertive and keeping on to these clowns,
[01:37:08.360 --> 01:37:12.360]  I was able to do that but I'm telling you right now,
[01:37:12.360 --> 01:37:17.360]  the fight isn't over because I cannot guarantee that there's any kind of fraud going on
[01:37:17.360 --> 01:37:22.360]  but my mom posed an interesting question to me today where she said,
[01:37:22.360 --> 01:37:26.360]  I wonder how many people that they've tried to pull this very stunt on
[01:37:26.360 --> 01:37:33.360]  where they sell you bill of goods back when you're young and in your 20s and stuff
[01:37:33.360 --> 01:37:40.360]  that they know that they can turn around and just pay you the value of the contract,
[01:37:40.360 --> 01:37:45.360]  dissolve it and then turn around and charge you for a brand new service,
[01:37:45.360 --> 01:37:54.360]  10 times the original when they had no intention of honoring the first one to begin with.
[01:37:54.360 --> 01:37:58.360]  So what you're going to is a class action lawsuit.
[01:37:58.360 --> 01:38:03.360]  What I found in class actions is the only one that really wins anything to speak of
[01:38:03.360 --> 01:38:06.360]  in class action lawsuit is a lawyer that fights it.
[01:38:06.360 --> 01:38:13.360]  Well, actually, he might have a shot here at a private attorney general suit.
[01:38:13.360 --> 01:38:14.360]  Yeah, that too.
[01:38:14.360 --> 01:38:22.360]  Now, there's a lot of guys in the legal reform community that yak about becoming a private attorney general.
[01:38:22.360 --> 01:38:31.360]  Well, I've never seen anything on that that indicates that a private person could be a private attorney general.
[01:38:31.360 --> 01:38:42.360]  The only reference to private attorney general goes to a suit by a person acting in his own behalf
[01:38:42.360 --> 01:38:46.360]  and the behalf of others similarly situated.
[01:38:46.360 --> 01:38:53.360]  Primarily, these are for situations where the amount in controversy is so small
[01:38:53.360 --> 01:38:59.360]  that most of the injured parties won't take any action because it's not worth it.
[01:38:59.360 --> 01:39:08.360]  So they allow this sort of suit where one person can pick it up and sue for everybody else
[01:39:08.360 --> 01:39:17.360]  and have standing to claim harm for other people similarly injured.
[01:39:17.360 --> 01:39:20.360]  And I think it's a great remedy.
[01:39:20.360 --> 01:39:25.360]  It's a really good idea because it gives you a way to go after these guys.
[01:39:25.360 --> 01:39:31.360]  Yeah, well, actually, in my research of going through it, like I indicated on Thursday night,
[01:39:31.360 --> 01:39:35.360]  and just to make a very long story about the details short,
[01:39:35.360 --> 01:39:41.360]  there's basically three different legislative commissions here in Texas that you're dealing with
[01:39:41.360 --> 01:39:45.360]  when dealing with funerary arrangements.
[01:39:45.360 --> 01:39:49.360]  You have the Banking Commission, which is actually the ones in charge of the money,
[01:39:49.360 --> 01:39:55.360]  to see to it that the records are kept by the seller of these contracts.
[01:39:55.360 --> 01:40:00.360]  And they're, of course, licensed by a legislative action.
[01:40:00.360 --> 01:40:05.360]  I'm not sure which one, but like I said, that would be the Banking Commission. They handle the money.
[01:40:05.360 --> 01:40:08.360]  Then you have the Texas Funeral Services Commission,
[01:40:08.360 --> 01:40:17.360]  who are actually in charge of the funeral homes and services themselves
[01:40:17.360 --> 01:40:23.360]  as to whether or not they're performing their duties in the manner that they should
[01:40:23.360 --> 01:40:28.360]  as prescribed by the law and by a legislative statute.
[01:40:28.360 --> 01:40:34.360]  On top of that, you have the Texas Department of Insurance,
[01:40:34.360 --> 01:40:46.360]  which actually handles any fraud investigation in concert with the Texas Funeral Services Commission.
[01:40:46.360 --> 01:40:53.360]  They're both part and parcel of the same department, same legislative actions by the state legislature.
[01:40:53.360 --> 01:40:58.360]  I haven't dug too far in to find out exactly where that is.
[01:40:58.360 --> 01:41:03.360]  I'm sure it was, I'm thinking it was back in the 1940s or something
[01:41:03.360 --> 01:41:08.360]  when all this was actually started, but I could be wrong and probably am.
[01:41:08.360 --> 01:41:11.360]  I'll admit that I haven't done the research that far,
[01:41:11.360 --> 01:41:16.360]  but I have gone so far as to contact the Funeral Services Commission
[01:41:16.360 --> 01:41:29.360]  to file a complaint against the funeral home in itself against the licensing of that behavior.
[01:41:29.360 --> 01:41:39.360]  And I'm holding off on filing a complaint with the fraud unit of the Department of Insurance
[01:41:39.360 --> 01:41:44.360]  whether or not this meeting that we have with the funeral director at the funeral home
[01:41:44.360 --> 01:41:49.360]  comes to fruition or not, which leads to the second question I had.
[01:41:49.360 --> 01:41:55.360]  They, like I said, this corporate officer contacted the funeral home directly
[01:41:55.360 --> 01:41:59.360]  and wanted them to honor the contract because he said,
[01:41:59.360 --> 01:42:07.360]  we have it on our computer, but they could not locate the hard copy of the contract.
[01:42:07.360 --> 01:42:12.360]  So we have a meeting with the funeral director, my mother, father, and I,
[01:42:12.360 --> 01:42:16.360]  to go in there and I'm going to be plain nice,
[01:42:16.360 --> 01:42:25.360]  and they're supposed to fill out a brand new contract for a funeral of my parents' choice prepaid at no expense.
[01:42:25.360 --> 01:42:31.360]  That was what was said on the speakerphone in front of a couple of different witnesses today.
[01:42:31.360 --> 01:42:34.360]  Unfortunately, we didn't record it within a recording device,
[01:42:34.360 --> 01:42:39.360]  but I'd say that phone call was witnessed by at least two people.
[01:42:39.360 --> 01:42:47.360]  So by the voice of two witnesses, may the truth be heard.
[01:42:47.360 --> 01:42:49.360]  So good.
[01:42:49.360 --> 01:42:55.360]  So we intend on going in there with the recording device and recording that meeting
[01:42:55.360 --> 01:43:00.360]  and trying to get as much information out of them on tape as we possibly can
[01:43:00.360 --> 01:43:05.360]  because like I said, we're going to use that stuff as ammunition if necessary
[01:43:05.360 --> 01:43:13.360]  to make a fraud complaint and allow the mechanism to go forth in that regard.
[01:43:13.360 --> 01:43:19.360]  The only remedies that I could find in the banking code as far as the contract itself was concerned
[01:43:19.360 --> 01:43:23.360]  was one of, I can't remember the exact term they used,
[01:43:23.360 --> 01:43:28.360]  but it was either dissolving the contract and paying back the amount,
[01:43:28.360 --> 01:43:30.360]  and that's if the buyer agrees.
[01:43:30.360 --> 01:43:32.360]  Well, the buyer didn't agree in this case.
[01:43:32.360 --> 01:43:34.360]  My parents wanted a funeral.
[01:43:34.360 --> 01:43:40.360]  So the only other course of action we had was compelled performance.
[01:43:40.360 --> 01:43:44.360]  In other words, make them a new contract.
[01:43:44.360 --> 01:43:49.360]  Yeah, and you could probably petition for a declaratory judgment to do that.
[01:43:49.360 --> 01:43:50.360]  Okay, hang on.
[01:43:50.360 --> 01:43:54.360]  This is Randy Kelton, Deborah Stevens, Rule of Law Radio.
[01:43:54.360 --> 01:43:57.360]  I'll call in number 512-646-1984.
[01:43:57.360 --> 01:44:01.360]  We'll be right back.
[01:44:01.360 --> 01:44:04.360]  It is so enlightening to listen to 90.1 FM,
[01:44:04.360 --> 01:44:07.360]  but finding things on the Internet isn't so easy,
[01:44:07.360 --> 01:44:10.360]  and neither is finding like-minded people to share it with.
[01:44:10.360 --> 01:44:13.360]  Oh, well, I guess you haven't heard of Brave New Books then.
[01:44:13.360 --> 01:44:14.360]  Brave New Books?
[01:44:14.360 --> 01:44:18.360]  Yes, Brave New Books has all the books and DVDs you're looking for
[01:44:18.360 --> 01:44:21.360]  by authors like Alex Jones, Ron Paul, and G. Edward Griffin.
[01:44:21.360 --> 01:44:25.360]  They even stock inner food, Berkey products, and Calvin Soaps.
[01:44:25.360 --> 01:44:28.360]  There's no way a place like that exists.
[01:44:28.360 --> 01:44:29.360]  Go check it out for yourself.
[01:44:29.360 --> 01:44:33.360]  It's downtown at 1904 Guadalupe Street, just south of UT.
[01:44:33.360 --> 01:44:37.360]  By UT, there's never anywhere to park down there.
[01:44:37.360 --> 01:44:40.360]  Actually, they now offer a free hour of parking for paying customers
[01:44:40.360 --> 01:44:45.360]  at the 500 MLK parking facility just behind the bookstore.
[01:44:45.360 --> 01:44:48.360]  It does exist, but when are they open?
[01:44:48.360 --> 01:44:53.360]  Monday through Saturday, 11 AM to 9 PM, and 1 to 6 PM on Sundays.
[01:44:53.360 --> 01:44:57.360]  So give them a call at 512-480-2503,
[01:44:57.360 --> 01:45:02.360]  or check out their events page at bravenewbookstore.com.
[01:45:02.360 --> 01:45:05.360]  Are you the plaintiff or defendant in a lawsuit?
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[01:45:53.360 --> 01:45:57.360]  Please visit ruleoflawradio.com and click on the banner,
[01:45:57.360 --> 01:46:24.360]  or call toll-free 866-LAW-EZ.
[01:46:27.360 --> 01:46:49.360]  Okay, we are back.
[01:46:49.360 --> 01:46:52.360]  Randy Kelton and Deborah Stevens here with Steve Skidmore
[01:46:52.360 --> 01:46:55.360]  talking to Michael in Texas.
[01:46:55.360 --> 01:47:02.360]  So it looks like fighting these guys and standing up to them works,
[01:47:02.360 --> 01:47:07.360]  and this is an experience that I've had over and over over the years.
[01:47:07.360 --> 01:47:10.360]  It's just going up the ladder.
[01:47:10.360 --> 01:47:15.360]  And this is the same thing that I suggest we do from the criminal side.
[01:47:15.360 --> 01:47:20.360]  And having done that, I find that it works just as well
[01:47:20.360 --> 01:47:26.360]  when you're filing criminal complaints as when you're dealing
[01:47:26.360 --> 01:47:29.360]  with any hierarchical structure.
[01:47:29.360 --> 01:47:34.360]  I had a friend once that moved from Colorado to Texas,
[01:47:34.360 --> 01:47:37.360]  and this was a number of years ago,
[01:47:37.360 --> 01:47:42.360]  paid an extra $200 to get a private line because they had party lines out there.
[01:47:42.360 --> 01:47:45.360]  We had to put in 200 feet of underground cable,
[01:47:45.360 --> 01:47:48.360]  get it all hooked up, he's on a six-party line.
[01:47:48.360 --> 01:47:51.360]  So I happened to know where the corporate office for Centelle was.
[01:47:51.360 --> 01:47:53.360]  It was in Chicago.
[01:47:53.360 --> 01:47:56.360]  But if you called in local, they'd tell you it was in Colleen.
[01:47:56.360 --> 01:48:02.360]  So I called Chicago and asked who the president was.
[01:48:02.360 --> 01:48:03.360]  And they said, is there a problem?
[01:48:03.360 --> 01:48:06.360]  I said, yes, sir, I don't know the president's name.
[01:48:06.360 --> 01:48:09.360]  And I pushed him, and they finally gave me his name.
[01:48:09.360 --> 01:48:14.360]  So I hung up, called back, asked for the president by name,
[01:48:14.360 --> 01:48:18.360]  and got his secretary, and I asked the secretary for the president.
[01:48:18.360 --> 01:48:20.360]  And she said, well, he's not in.
[01:48:20.360 --> 01:48:22.360]  Well, who is in?
[01:48:22.360 --> 01:48:24.360]  I said, well, Mr. Rice is in.
[01:48:24.360 --> 01:48:25.360]  Well, who's he?
[01:48:25.360 --> 01:48:28.360]  Well, he's the chairman of the board.
[01:48:28.360 --> 01:48:31.360]  Oh, he'll do.
[01:48:31.360 --> 01:48:36.360]  And then I handed the phone to Mark, and I said, Mark, this is a guy named Rice.
[01:48:36.360 --> 01:48:41.360]  He's in Chicago, and he can help you get your private line.
[01:48:41.360 --> 01:48:44.360]  Mark was pretty PO'd by this time.
[01:48:44.360 --> 01:48:49.360]  He grabbed the phone out of my hand and said, look, Rice, you SOB.
[01:48:49.360 --> 01:48:52.360]  I paid you guys for our private line.
[01:48:52.360 --> 01:48:54.360]  You put me on a six-party line.
[01:48:54.360 --> 01:48:58.360]  I'm going to have my private line if I have to come up to Chicago and kick their butt to get it.
[01:48:58.360 --> 01:48:59.360]  Bam.
[01:48:59.360 --> 01:49:01.360]  He hung up.
[01:49:01.360 --> 01:49:03.360]  I said, Mark, you know who that was?
[01:49:03.360 --> 01:49:05.360]  I don't know, some Rice character.
[01:49:05.360 --> 01:49:08.360]  I said, that was the chairman of the board.
[01:49:08.360 --> 01:49:11.360]  So now Mark's terrified.
[01:49:11.360 --> 01:49:13.360]  He's afraid he'll never get a phone.
[01:49:13.360 --> 01:49:22.360]  Thirty minutes later, he gets a call from executive vice president for this five-state area, Mr. Whitney.
[01:49:22.360 --> 01:49:25.360]  Mr. Maserolle, about your private line.
[01:49:25.360 --> 01:49:31.360]  Will tomorrow noon be soon enough?
[01:49:31.360 --> 01:49:36.360]  I come out there, and I bet there were 200 guys out there.
[01:49:36.360 --> 01:49:39.360]  Black holes, up holes, they were everywhere.
[01:49:39.360 --> 01:49:43.360]  It turned out Sintel had purchased this small company.
[01:49:43.360 --> 01:49:50.360]  They were trying to get all the phones upgraded, and the people with the company were resisting.
[01:49:50.360 --> 01:50:01.360]  And when the chairman of the board had a customer threaten to come up to Chicago and kick his behind, he was not a happy camper.
[01:50:01.360 --> 01:50:05.360]  They got Mark's phone put in the next day.
[01:50:05.360 --> 01:50:10.360]  First thing, as soon as he got it working, he got a call from Mr. Whitney.
[01:50:10.360 --> 01:50:12.360]  Mr. Maserolle, are you satisfied with your phone?
[01:50:12.360 --> 01:50:14.360]  Oh, yeah, it's working great.
[01:50:14.360 --> 01:50:16.360]  Are you happy with our service?
[01:50:16.360 --> 01:50:17.360]  Oh, yeah.
[01:50:17.360 --> 01:50:20.360]  He said, Mr. Maserolle, if you have any problems, call me.
[01:50:20.360 --> 01:50:24.360]  If any of your neighbors have any problems, here's my number, call me.
[01:50:24.360 --> 01:50:28.360]  If it's at night, here's my night, my home number.
[01:50:28.360 --> 01:50:34.360]  But please, Mr. Maserolle, don't call the chairman of the board.
[01:50:34.360 --> 01:50:37.360]  So growing up really works.
[01:50:37.360 --> 01:50:40.360]  And besides, it is great fun.
[01:50:40.360 --> 01:50:41.360]  Oh, yeah.
[01:50:41.360 --> 01:50:42.360]  I've enjoyed it.
[01:50:42.360 --> 01:50:44.360]  But like I said, the fight isn't over and stuff.
[01:50:44.360 --> 01:50:51.360]  Now is the time and stuff to be as cautious as a lamb and hungry as a wolf and stuff.
[01:50:51.360 --> 01:51:00.360]  And really get them on tape and stuff where you've got something to prove and stuff.
[01:51:00.360 --> 01:51:04.360]  Because, I mean, so far all this has been done over the phone,
[01:51:04.360 --> 01:51:09.360]  and we haven't really done much as far as writing and stuff.
[01:51:09.360 --> 01:51:15.360]  Once you go up top, it generally gets done pretty quickly.
[01:51:15.360 --> 01:51:21.360]  And I would like to suggest another reason for doing this.
[01:51:21.360 --> 01:51:26.360]  I've owned my own business for the last 40 years.
[01:51:26.360 --> 01:51:33.360]  And when I work people and they go out to do a job and they screw up,
[01:51:33.360 --> 01:51:40.360]  they never come to me and say, oh, you know, I went out there and I really screwed all that stuff up.
[01:51:40.360 --> 01:51:48.360]  The owner of the company, the ones who have the most investment in the company,
[01:51:48.360 --> 01:51:54.360]  are generally the ones that never know what's really going on.
[01:51:54.360 --> 01:52:04.360]  And that's probably part of the reason that calling corporate offices is so effective.
[01:52:04.360 --> 01:52:10.360]  Because they seldom get this good, clear information about what their people are doing,
[01:52:10.360 --> 01:52:16.360]  and it gives them opportunity to come down there and get all this nonsense straightened out.
[01:52:16.360 --> 01:52:20.360]  They know they'll have to do it on a regular basis,
[01:52:20.360 --> 01:52:24.360]  but they need us to give them plausible deniability
[01:52:24.360 --> 01:52:29.360]  so that they can keep their business running the way they should.
[01:52:29.360 --> 01:52:33.360]  We owe it to, we're in a capitalist society,
[01:52:33.360 --> 01:52:43.360]  and we owe it to those who go out there and take the risk to help them manage their companies.
[01:52:43.360 --> 01:52:49.360]  Steve, that's a pretty good way of rationalizing a way being a jerk, isn't it?
[01:52:49.360 --> 01:52:53.360]  Absolutely. Absolutely.
[01:52:53.360 --> 01:52:56.360]  I thought it sounded pretty good.
[01:52:56.360 --> 01:53:04.360]  But, you know, over the years, I've done this a number of times, and absolutely, it always really works well.
[01:53:04.360 --> 01:53:13.360]  Well, we've got about five minutes left, and I would like to, Steve, do you have anything else for us, Mike?
[01:53:13.360 --> 01:53:20.360]  No, sir, other than I wanted to thank you, and I did email you. You should probably have that when you get home tonight,
[01:53:20.360 --> 01:53:25.360]  or get back to your email and try to keep in touch with each other.
[01:53:25.360 --> 01:53:31.360]  And I'll let you know what the resolution is here in about another week with this whole thing.
[01:53:31.360 --> 01:53:32.360]  Good. Good.
[01:53:32.360 --> 01:53:36.360]  These corporate folks, I think, have probably been the kick in the behind
[01:53:36.360 --> 01:53:45.360]  that the locals here and stuff in Wichita Falls needed to get and stuff in order to, you know, compel them.
[01:53:45.360 --> 01:53:48.360]  Good. Sometimes you just need to get their attention.
[01:53:48.360 --> 01:53:50.360]  Okay. Thank you, Mike.
[01:53:50.360 --> 01:53:54.360]  Now we're going to go back to Steve.
[01:53:54.360 --> 01:54:00.360]  And, Steve, you have a private investigator's license.
[01:54:00.360 --> 01:54:02.360]  No, no, no, no, no, no.
[01:54:02.360 --> 01:54:07.360]  Are you moving toward that? Yes, moving toward that.
[01:54:07.360 --> 01:54:09.360]  Okay. I didn't know if you had it yet or not.
[01:54:09.360 --> 01:54:19.360]  Will you kind of tell us what you do with the private investigations concerning the mortgage issue and what value it is?
[01:54:19.360 --> 01:54:28.360]  Well, it's more a CYA than anything I spoke earlier about the issue of competent evidence.
[01:54:28.360 --> 01:54:37.360]  There are 42 states in this union that have licensing requirements for private investigations.
[01:54:37.360 --> 01:54:50.360]  And some of those private investigations, what constitutes a private investigation is that if you're using a database that is not publicly accessible,
[01:54:50.360 --> 01:54:57.360]  that generates a report that is intended to go before a court of law, that is considered a private investigation.
[01:54:57.360 --> 01:55:11.360]  The individuals that we know that do securitization audits do these – there goes that word again – analyses, not audits.
[01:55:11.360 --> 01:55:20.360]  The analysis of the REMIX, they do this on a database that is not accessible to the general public,
[01:55:20.360 --> 01:55:41.360]  that generates a report that is clearly intended to go before a court of law. Therefore, it is very important that one who provides this type of information complies with the statutes in the occupations codes of 42 of our several states.
[01:55:41.360 --> 01:55:44.360]  Did that answer your question?
[01:55:44.360 --> 01:55:55.360]  Well, if somebody has a mortgage issue, how would they get a hold of you to secure your services?
[01:55:55.360 --> 01:56:11.360]  They can get hold of me through you. You know how to get hold of me, or I can be reached direct at 512-761-1007.
[01:56:11.360 --> 01:56:30.360]  And as a rule of thumb, about what would someone expect to have to pay for these services, and when would they most need them?
[01:56:30.360 --> 01:56:36.360]  That would probably take another show.
[01:56:36.360 --> 01:56:39.360]  Well, just a few instances.
[01:56:39.360 --> 01:56:51.360]  Well, I do know that a securitization audit, probably the most valuable piece of evidence that you could get.
[01:56:51.360 --> 01:57:14.360]  If it is a public trust, you're looking at $1,300. If it's a trust that takes special skills or accesses such as Fannie, Freddie, Jenny, VA, FHA, there's a few more that are not penetrable by common means,
[01:57:14.360 --> 01:57:22.360]  then there's an additional charge, and that one's $1,500.
[01:57:22.360 --> 01:57:45.360]  The analyst that we like to use or that I like to go to is, like I said, is one of these six or seven people in the country outside these organizations who can actually get into the trusts and identify the location of specific assets in the trust,
[01:57:45.360 --> 01:57:57.360]  pull up pooling and servicing agreements and just the works, and also testify confidently as an expert witness in a court of law, anywhere in the country.
[01:57:57.360 --> 01:58:01.360]  Do you have a website associated with the service?
[01:58:01.360 --> 01:58:19.360]  I do not, not yet. I'm working with the owner of the company to go in with the company. There's a lot that I'm not liberty to speak yet, but we're working on getting me in that office.
[01:58:19.360 --> 01:58:24.360]  Wonderful. Okay, we've got just 30 seconds left. Thank you, Steve, for being here.
[01:58:24.360 --> 01:58:27.360]  Thank you. I appreciate the opportunity, Randy, as always.
[01:58:27.360 --> 01:58:35.360]  I'd like to bring you back to finish off this list and maybe talk a little bit more about private investigations.
[01:58:35.360 --> 01:58:50.360]  This is Randy Kelton, Deborah Stevens, Rue de la Radio. We'll be back Monday night with Deborah and Eddie Craig, and then I'll be back Thursday and Friday. Thank you all for listening, and good night.
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