ROL_2013-05-10_16k_Hr1-2.timecode

[00:17.920 --> 00:24.920]  2013. Gold opened today at $1464, silver at $23.84 and bitcoin is trading at $80.46. Support
[00:24.920 --> 00:30.360]  for The Liberty Beat comes from Capital City Automotive, honest, reliable and affordable
[00:30.360 --> 00:35.400]  auto repair for vehicles foreign and domestic. Located at 1802 South Congress, by phone at
[00:35.400 --> 00:42.400]  512-447-2886 and online at capitalcityautoaustin.com. And now the news. According to a poll conducted
[00:44.840 --> 00:49.940]  by the Farley Dickinson University, 29% of registered voters think that an armed revolution
[00:49.940 --> 00:54.940]  may be unavoidable in the next few years to preserve our civil liberties. Polls surveyed
[00:54.940 --> 00:58.880]  863 registered voters and focused on both gun control and the possibility of an armed
[00:58.880 --> 01:04.040]  revolution in the United States. Polls specifically asked the registered voters whether they agreed,
[01:04.040 --> 01:08.620]  disagreed, neither agreed nor disagreed, did not know or refused to answer the following
[01:08.620 --> 01:12.700]  statement. In the next few years, an armed revolution might be necessary in order to
[01:12.700 --> 01:19.480]  protect our liberties. Results showed that 29% agreed, 47% disagreed, 18% neither agreed
[01:19.480 --> 01:25.360]  nor disagreed, 5% said they were unsure and just 1% refused to answer. These figures demonstrate
[01:25.360 --> 01:32.360]  the public's growing frustration with overbearing powers of the current administration. According
[01:34.760 --> 01:38.440]  to a new scientific study completed by the University of California, Berkeley, several
[01:38.440 --> 01:42.400]  metals found inside lipsticks and chapsticks could be carcinogous and dangerous to long
[01:42.400 --> 01:46.440]  term health. Products included inside the generic store brought lipstick compounds were
[01:46.440 --> 01:50.240]  chromium, aluminum, cadmium and of course lead. The study also proved that many of the
[01:50.240 --> 01:54.520]  lip products contained very high concentrations of aluminum and titanium according to the
[01:54.520 --> 01:59.520]  San Jose Mercury News. In addition, lipsticks were found to overwhelmingly contain hexavalent
[01:59.520 --> 02:04.300]  chromium which is a carcinogen linked strongly to developing stomach cancer in individuals.
[02:04.300 --> 02:07.900]  This current time, the FDA does not regulate the high content of heavy metals found in
[02:07.900 --> 02:17.680]  lipstick and cosmetic materials sold throughout North America. The National Rifle Association
[02:17.680 --> 02:22.040]  is meeting in Houston, Texas this weekend and already drawing crowds to the amount of
[02:22.040 --> 02:25.960]  tens of thousands of people after recent efforts to exert new gun control legislation in the
[02:25.960 --> 02:29.920]  U.S. Congress failed. According to Reuters, 70,000 people are expected to appear at the
[02:29.920 --> 02:33.280]  conference and rally at the Stand and Fight rally which will feature keynote speakers
[02:33.280 --> 02:37.280]  like Glenn Beck and politicians including Governor Rick Perry of Texas, Governor Bobby
[02:37.280 --> 02:42.000]  Jindal of Louisiana. Houston, currently the United States' fourth largest city in population
[02:42.000 --> 02:46.000]  is already experiencing heightened security after a man shot his firearm at Houston's
[02:46.000 --> 02:50.060]  George Bush Intercontinental Airport and was later shot dead on the spot apparently by
[02:50.060 --> 02:54.160]  an agent of the Department of Homeland Security. This time, conflicting reports relay the man
[02:54.160 --> 02:57.960]  either committed suicide or was murdered by an agent of Homeland Security. However, no
[02:57.960 --> 03:10.680]  evidence exists that it was in fact a suicide.
[03:10.680 --> 03:40.120]  Okay. Hello, everyone. My name is Glenn Beck. I'm the director of the National Rifle Association.
[03:40.120 --> 03:47.560]  Hello everyone. This is Randy Kelton, Deborah Stevens, Rule of Law Radio. This is Friday,
[03:47.560 --> 03:58.760]  May the 10th, our four hour info marathon. We will have our phones open all night. So
[03:58.760 --> 04:07.560]  call us in. Last night we were playing Stump the Chumps and the Stumpers were 100%. I hope
[04:07.560 --> 04:17.160]  I can do better tonight. Okay. I'm going to start out with, we've been talking a long
[04:17.160 --> 04:29.400]  time about eliminating the profession of lawyer and get lawyers to pay us to do it. Well,
[04:29.400 --> 04:41.160]  I'm in the process of implementing that as we speak. I have the program there that have
[04:41.160 --> 04:51.000]  the structure put together and I've started working out how to market the product to lawyers.
[04:51.000 --> 04:56.840]  I probably shouldn't talk about this on the air in case some of these lawyers are listening,
[04:56.840 --> 05:06.360]  but in the end it probably won't make any difference because if this works out the way
[05:06.360 --> 05:18.200]  it should, it's the kind of solution that an engineer really likes. A really good solution
[05:18.200 --> 05:29.880]  is the one that nobody really realizes it was a solution. I was talking to someone several
[05:29.880 --> 05:39.880]  years ago after I had spent a couple of nights in jail and they told me that I was wasting
[05:39.880 --> 05:46.280]  my time doing this, that in the end nobody, I could work on this all my life and in the
[05:46.280 --> 05:55.320]  end nobody would ever know. And I thought about that. And I thought, you know, if I
[05:55.320 --> 06:04.280]  could get this done, if I could slide something in there that was so subtle and so elegant
[06:05.480 --> 06:12.440]  that it would change everything and nobody would even notice. Nobody have a clue that
[06:12.440 --> 06:21.640]  ever did anything. Wouldn't that be cool? I live, and this goes to the fact that you
[06:21.640 --> 06:29.880]  and I, we really can make a difference. I live in Boyd, Texas. And Boyd, Texas is north
[06:29.880 --> 06:37.720]  of Fort Worth. When I first moved down here, this place was a horrible place to live. And
[06:37.720 --> 06:44.680]  primarily the reason was this was during the late 70s, early 80s. We were in an incredible
[06:44.680 --> 06:52.280]  construction boom here. And we had rock trucks hauling rocks out of Bridgeport into the Dallas,
[06:52.280 --> 07:00.680]  Fort Worth area. And there was one intersection about five miles west of the town I live in
[07:00.680 --> 07:13.400]  where a farm to market road dead ended into Highway 114 that runs from Boyd to Bridgeport.
[07:13.400 --> 07:18.600]  Bridgeport's where all the trucks were coming out of. 24 people a year died at that intersection.
[07:19.640 --> 07:27.080]  I've had trucks, three abreast come over a hill. They were absolutely totally out of control.
[07:27.080 --> 07:34.680]  And people were struggling trying to find a solution. I put together a package
[07:34.680 --> 07:41.160]  and went to Gasler. Gasler was the president of the Katy Railroad at the time. This was before
[07:41.160 --> 07:48.600]  the Katy got swallowed up. And I had a business partner who was a mechanical foreman on the Katy.
[07:49.480 --> 07:55.640]  And in the railroad business, they pay really good money, but they're really, really good
[07:55.640 --> 08:02.600]  but they're really, really mean to each other. And everybody on the Katy was terrified of Gasler.
[08:03.720 --> 08:10.120]  So I went to Gasler's office with a portfolio. I went in the office and I told him, I said,
[08:10.120 --> 08:15.480]  my name's Randall Kelton. I want to speak to Mr. Gasler. And she said, may I tell him what it's
[08:15.480 --> 08:23.560]  about? Yes, you can. I live out here in Boyd. We have about 30 people a year on this highway
[08:23.560 --> 08:30.760]  killed by these rock trucks, hauling rock into the Metroplex. And Gasler's got that railroad running
[08:30.760 --> 08:34.600]  out there and he's not using it. And all my friends and neighbors are getting killed. And I
[08:34.600 --> 08:40.680]  want to know why he's not using that railroad. Well, she got all excited and ran into the boss.
[08:41.640 --> 08:46.760]  And he saw me and when I talked to him, he said, well, Mr. Kelton,
[08:46.760 --> 08:53.480]  we would like to upgrade the railroad out there, but we were concerned we didn't want to take on
[08:53.480 --> 09:02.040]  the Teamsters. I said, well, let me help you out with that. So in 1879, the Texas Constitution
[09:02.040 --> 09:11.240]  was put in place and they established magistrates. And they said that if a magistrate who was not
[09:11.240 --> 09:19.240]  necessarily a lawyer issued a fine in excess of $25 exclusive of cost, that an appeal to the
[09:19.240 --> 09:27.480]  county court was trialed in over was automatic. Now that was 1879 when $25 was a couple of weeks
[09:27.480 --> 09:35.880]  pay. Here we are 100 years later in 1879, the legislature upgraded the amount a justice of the
[09:35.880 --> 09:43.400]  peace could handle from $250 to $2,000. But they didn't upgrade that automatic appeal kicker.
[09:44.600 --> 09:49.720]  So these rock trucks can get all tickets they want to. The court find them guilty,
[09:49.720 --> 09:53.960]  they appealed to the county court and the county court doesn't have time, they never hear them.
[09:53.960 --> 09:58.040]  Because I tried to push the county court to prosecute them. And the prosecutor told me,
[09:58.040 --> 10:03.160]  yeah, I tried that once. I'm sorry, I talked to the county judge. And he said, yeah, when I got
[10:03.160 --> 10:08.920]  in, I told him, we need to start to prosecute these. And the prosecutor brought in 3,000 cases
[10:08.920 --> 10:14.600]  and sent it on my desk and said, here you go, judge, have fun. He said, I never did that again.
[10:15.480 --> 10:20.680]  So these rock trucks get all the tickets they wanted to. They appealed and the appeal just
[10:20.680 --> 10:28.040]  go away. So upgrade the automatic appeal kicker and the Texas Railroad Commission
[10:28.040 --> 10:33.640]  is authorized to issue permits. And when they issue permits, they are to ensure that the issuance
[10:33.640 --> 10:41.640]  permits will not overtax the highway, will not damage the highway, and will not deny the
[10:42.520 --> 10:47.640]  ordinary citizen access to the highway. They violated all three by issuing too many permits.
[10:47.640 --> 10:52.920]  So get your lobbyists to go after the Railroad Commission and push to upgrade the automatic
[10:52.920 --> 11:00.120]  appeal kicker on traffic, on Class C misdemeanors, and all this problem will go away. So I gave him
[11:00.120 --> 11:06.920]  the folder and I left. I never heard from him again. Two months later, they had trucks,
[11:07.480 --> 11:14.520]  these high rail trucks with monitors running up and down the highways. Within six months,
[11:14.520 --> 11:22.200]  they had replaced all of the rail going out to Bridgeport. Eight months later, they had
[11:22.200 --> 11:29.560]  a big deal because some rock truck drivers had taken a torch and cut a section out of the rails.
[11:32.040 --> 11:37.720]  I talked to a fellow that I did some work for. I used to wash trucks and this guy called me out
[11:37.720 --> 11:43.000]  to do his trucks. And he did have 12. He was down to two and he was selling those.
[11:43.960 --> 11:50.920]  And I said, Virgil, Virgil Flowers. I said, well, Virgil, since the 85 economic recession,
[11:50.920 --> 11:56.440]  must not be many rocks moving. Oh, plenty of rocks moving. Damn railroads hauling it all.
[11:59.240 --> 12:04.360]  Now, when I do this show, sometimes you'll hear that train whistle in the background.
[12:06.440 --> 12:10.600]  Now, that train whistle bothers Deborah a whole lot more than it does me
[12:13.080 --> 12:19.080]  because I don't know if I had anything to do with that or not, but I like to think I did.
[12:19.080 --> 12:22.600]  We don't have 25 people getting killed on this highway anymore.
[12:23.560 --> 12:27.080]  We seldom ever have anybody killed on this highway anymore.
[12:29.080 --> 12:35.000]  And if I had something to do with that, nobody knows anything about it, except you now.
[12:35.640 --> 12:38.840]  But even then, even I don't even know if I had anything to do with it or not, but
[12:39.400 --> 12:46.520]  it sure is nice to get to think you did. Okay. Enough of my stories. We have a
[12:46.520 --> 12:49.800]  couple of callers on and I'll get to you in just a minute. I did want to tell you that
[12:50.840 --> 13:01.560]  this tool is coming together and I will soon have a prototype analysis up on the web. So
[13:02.200 --> 13:06.440]  people who've been arrested can go to it and go through the questionnaires
[13:08.280 --> 13:11.720]  and it will produce you a synopsis of your case.
[13:11.720 --> 13:17.800]  And I want it up there and people using it so that I can get feedback. When I produce
[13:17.800 --> 13:26.200]  these questionnaires, the questionnaire itself is extremely complex. But when you follow the
[13:26.200 --> 13:33.400]  questionnaire on your case, you will only follow one line through the questionnaire. So you won't
[13:33.400 --> 13:42.280]  really see how complex it is. Well, the difficulty that I have is when I'm creating all of these
[13:42.280 --> 13:52.920]  different lines through the text, sometimes I miss connectors. Sometimes I, my connections from one
[13:54.120 --> 14:01.320]  point in the process to another is not always clear and intuitive. And so I'm not going to
[14:01.320 --> 14:06.360]  clear and intuitive. I need to know when I confuse you. I need to know
[14:07.560 --> 14:13.640]  when one question doesn't lead directly from the other so I can get this thing honed. Then
[14:13.640 --> 14:21.880]  we'll make it available to bondsmen so that the bondsman can send the evaluations to lawyers
[14:23.320 --> 14:28.520]  as solicitations for representation. And this gets the lawyer in contact with the client
[14:28.520 --> 14:34.600]  because now I'm going to say something most people will probably cringe at. But if you've
[14:34.600 --> 14:41.880]  been accused of a crime, you don't want to go to the court pro se. You're going to get screwed.
[14:43.400 --> 14:45.880]  You don't want to go to the court, the court appointing counsel.
[14:48.120 --> 14:53.240]  And you don't want to go to court with a paid counsel if you don't know what the heck is going
[14:53.240 --> 15:00.760]  on. You need to know what that lawyer is supposed to do so you can control your lawyer. You need to
[15:00.760 --> 15:08.200]  know how to kick his behind when he doesn't do what he's supposed to do. That's what this tool
[15:08.200 --> 15:16.280]  is intended to do. It will give you an evaluation of the case and it will say the lawyer should be
[15:16.280 --> 15:21.400]  filing this motion, this motion, this motion, this motion, and this motion. If he doesn't,
[15:21.400 --> 15:26.680]  here's the bar grievance you can file against him and here's the civil action you can file against
[15:26.680 --> 15:38.200]  him. And what this will do is when the lawyer starts getting knowledgeable clients and he's
[15:38.200 --> 15:44.120]  going before the judge arguing issues, when the judge would rather be out playing golf than
[15:44.120 --> 15:46.840]  sitting here in court listening to people claim they're innocent.
[15:46.840 --> 15:52.600]  So they hammer the lawyers. So now the lawyer gets to go to him and say, judge, I'm sorry.
[15:53.880 --> 16:00.680]  I got to do my job. This guy's going to kick my behind if I don't. Now the lawyer gets plausible
[16:00.680 --> 16:06.440]  deniability. He gets put in a position to where he has to do his job. And before long,
[16:07.960 --> 16:16.200]  the status quo will simply adjust. And the lawyer gets to go to him and say,
[16:16.200 --> 16:21.640]  judge, I'm sorry, I'm sorry, I'm sorry, I'm sorry. And they'll look back four or five years
[16:21.640 --> 16:27.400]  from now and wonder what made the difference. And it won't be clear what made the difference.
[16:29.720 --> 16:37.000]  It'll only be different if I've done my job right. This is Randy Kelton, Deborah Stevens,
[16:37.000 --> 16:45.560]  Ruth La Radio. I call in number 512-646-1984. Angie from Mississippi, if you'll call us back,
[16:45.560 --> 16:49.720]  we get back on the other side. Give us a call. Get in line. Mark, I see you there.
[16:50.600 --> 16:56.840]  We'll be taking calls for the rest of the night. So give us a call and let's play Stump the Chump.
[16:56.840 --> 17:14.520]  We'll be right back.
[17:26.840 --> 17:33.800]  I want to know for sure. Come on. Neutrify me.
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[19:01.240 --> 19:15.480]  You are listening to the Logos Radio Network. LogosRadioNetwork.com.
[19:32.120 --> 19:33.480]  Justice.
[19:39.560 --> 19:44.600]  It spin like it's out of control on the edge of a hole inside a deep dark
[19:44.600 --> 19:49.480]  hole. I'm always on the lookout for something to soothe my soul.
[19:49.480 --> 19:57.480]  So I sit back and I watch the evidence unfold
[19:57.480 --> 20:03.480]  And I see justice is the goal
[20:03.480 --> 20:10.480]  Yeah, justice is the goal
[20:10.480 --> 20:14.480]  Sometimes we sail a little too far at sea
[20:14.480 --> 20:17.480]  And then we gotta get back on course quickly
[20:17.480 --> 20:20.480]  So we go on a heavy advisory
[20:20.480 --> 20:24.480]  From the man that came all the way from Galilee
[20:24.480 --> 20:27.480]  I was looking for a safe and warm place to be
[20:27.480 --> 20:30.480]  Where I don't have to work so hard to be free
[20:30.480 --> 20:33.480]  Some guys are trying to rewrite history
[20:33.480 --> 20:36.480]  But they got caught, now them guys got to flee
[20:36.480 --> 20:43.480]  Looks like justice
[20:43.480 --> 20:49.480]  Looks like justice is the key
[20:49.480 --> 21:15.480]  Yeah, yeah
[21:15.480 --> 21:18.480]  The only way we're gonna get corruption is sea
[21:18.480 --> 21:20.480]  Okay, we are back
[21:20.480 --> 21:23.480]  Randy Kelton, Debra Stevens, Wheel of Law Radio
[21:23.480 --> 21:25.480]  And we've got our very special guest
[21:25.480 --> 21:30.480]  Mr. Steve Skidmore
[21:30.480 --> 21:32.480]  Do get it right
[21:32.480 --> 21:36.480]  I owed him one from the break
[21:36.480 --> 21:38.480]  You had that one coming
[21:38.480 --> 21:39.480]  Yes I did
[21:39.480 --> 21:41.480]  You walked right into it
[21:41.480 --> 21:43.480]  Anyway, okay
[21:43.480 --> 21:48.480]  We're gonna go to Agnes in Mississippi
[21:48.480 --> 21:52.480]  Hello Agnes
[21:52.480 --> 21:56.480]  How are you there?
[21:56.480 --> 21:58.480]  Hello
[21:58.480 --> 22:00.480]  Hello
[22:00.480 --> 22:02.480]  Agnes in Aggie
[22:02.480 --> 22:04.480]  Yeah, yeah, it's Angie
[22:04.480 --> 22:07.480]  His name's not Angie, but that always comes up on the list
[22:07.480 --> 22:10.480]  And I always pick on him about it
[22:10.480 --> 22:13.480]  Hello, this is Joseph, I'm Angie's friend
[22:13.480 --> 22:16.480]  And we're working on some issues there
[22:16.480 --> 22:20.480]  The loan documents and that with her foreclosure
[22:20.480 --> 22:21.480]  Yes
[22:21.480 --> 22:22.480]  I was going over those
[22:22.480 --> 22:25.480]  And we discovered something interesting
[22:25.480 --> 22:30.480]  And that is that for three and a half years
[22:30.480 --> 22:33.480]  She was paying to the wrong bank
[22:33.480 --> 22:37.480]  And we figured it was collusion there
[22:37.480 --> 22:40.480]  With the first bank to the second one
[22:40.480 --> 22:43.480]  Because they didn't even concern
[22:43.480 --> 22:46.480]  They didn't record it into the county recorders office
[22:46.480 --> 22:49.480]  The transfer, the assignment
[22:49.480 --> 22:52.480]  Until, well, three and a half years after it
[22:52.480 --> 22:55.480]  And that was like it was the first time
[22:55.480 --> 22:57.480]  So we think they waited the three years
[22:57.480 --> 23:00.480]  So that the payments would be diverted away from them
[23:00.480 --> 23:02.480]  So they could claim that three year rule
[23:02.480 --> 23:04.480]  Like you explained on the other website
[23:04.480 --> 23:07.480]  Where it says that you get to trigger that insurance
[23:07.480 --> 23:09.480]  Where they get made whole from the first one
[23:09.480 --> 23:14.480]  And meanwhile the payments were made to the secondary
[23:14.480 --> 23:17.480]  The one that got assigned to it for all that time
[23:17.480 --> 23:19.480]  When they didn't actually hold the note
[23:19.480 --> 23:20.480]  All it was was a letter from them
[23:20.480 --> 23:23.480]  Telling her to start making the payments to that one instead
[23:23.480 --> 23:27.480]  Okay, here's a problem with that kind of a claim
[23:27.480 --> 23:31.480]  What the other side is going to say
[23:31.480 --> 23:36.480]  Is, okay, you were paying this other entity
[23:36.480 --> 23:39.480]  And not the one you thought you should be paying
[23:39.480 --> 23:43.480]  So, how were you harmed?
[23:43.480 --> 23:47.480]  Did this other entity not apply your payments
[23:47.480 --> 23:50.480]  To the principal and interest?
[23:50.480 --> 23:54.480]  Well, how was that not fought on their part?
[23:54.480 --> 23:56.480]  They colluded with the first one
[23:56.480 --> 24:00.480]  Because they didn't record it in the county recorders office
[24:00.480 --> 24:03.480]  Therefore the claim, the one that claims
[24:03.480 --> 24:07.480]  Is claiming the right to foreclose now
[24:07.480 --> 24:10.480]  Lost their opportunity when they
[24:10.480 --> 24:14.480]  I mean, they recorded it last year
[24:14.480 --> 24:17.480]  I'm not saying you don't have a claim
[24:17.480 --> 24:18.480]  Okay
[24:18.480 --> 24:23.480]  But we need to be careful in how we make our claim
[24:23.480 --> 24:28.480]  Since if they took the payments that you paid
[24:28.480 --> 24:31.480]  And applied them to the note
[24:31.480 --> 24:35.480]  You can't claim harm that way
[24:35.480 --> 24:38.480]  What you can claim harm under
[24:38.480 --> 24:42.480]  Is go back to the deed of trust or mortgage
[24:42.480 --> 24:43.480]  You're in Nevada
[24:43.480 --> 24:47.480]  Is Nevada a nonjudicial state?
[24:47.480 --> 24:48.480]  No, it's Mississippi
[24:48.480 --> 24:52.480]  And MERS is a beneficiary
[24:52.480 --> 24:55.480]  No, wait, wait, wait, wait, hold on
[24:55.480 --> 24:59.480]  Is this a judicial state?
[24:59.480 --> 25:02.480]  Do they have to go to court and sue to foreclose?
[25:02.480 --> 25:03.480]  No, it's nonjudicial
[25:03.480 --> 25:04.480]  Okay, okay
[25:04.480 --> 25:06.480]  MERS is a beneficiary
[25:06.480 --> 25:09.480]  Okay, go to, you've got a deed of trust
[25:09.480 --> 25:15.480]  Go to, it should be covenant 14
[25:15.480 --> 25:19.480]  There's a, I think the banks are part of this
[25:19.480 --> 25:23.480]  They're trying to get us to go after
[25:23.480 --> 25:26.480]  More esoteric arguments
[25:26.480 --> 25:31.480]  Because in going after the fact that you were paying the wrong person
[25:31.480 --> 25:32.480]  They love that
[25:32.480 --> 25:34.480]  Because you get to court and the court's gonna say
[25:34.480 --> 25:37.480]  Okay, how does that create a cause of action?
[25:37.480 --> 25:41.480]  You're gonna say, well, they didn't file with the record the way they were supposed to
[25:41.480 --> 25:46.480]  And the bank's gonna say, well, yeah, you know, that may be a problem between them and the clerk
[25:46.480 --> 25:49.480]  But how were you harmed?
[25:49.480 --> 26:00.480]  The claim you should make is, is when your friend entered into the contract with these people
[26:00.480 --> 26:06.480]  She granted them certain privileges concerning the property
[26:06.480 --> 26:11.480]  But she granted those privileges with very strict conditions
[26:11.480 --> 26:16.480]  And one of them was clear notice as required by law
[26:16.480 --> 26:19.480]  Now you can't claim hopatit or respa
[26:19.480 --> 26:21.480]  It's too late for that
[26:21.480 --> 26:24.480]  However, wait, wait
[26:24.480 --> 26:27.480]  You can claim breach of contract
[26:27.480 --> 26:34.480]  And say these guys can't claim a default on the contract because they had already defaulted on it
[26:34.480 --> 26:39.480]  They defaulted, repudiated the contract which amounts to voluntary rescission
[26:39.480 --> 26:43.480]  They can't come in now and claim that we've defaulted it
[26:43.480 --> 26:47.480]  Go back to the contract everywhere you can
[26:47.480 --> 26:53.480]  Any claim that you have against the bank, go back and read that deed of trust
[26:53.480 --> 26:57.480]  And most of it, there's not that much of it that really applies
[26:57.480 --> 27:02.480]  You should read the section on mortgage insurance
[27:02.480 --> 27:10.480]  That's one section that I haven't researched out yet, but it has a lot of good meat in it
[27:10.480 --> 27:17.480]  If you did not receive a mortgage insurance policy
[27:17.480 --> 27:26.480]  Then most likely the lender didn't show that they actually secured mortgage insurance
[27:26.480 --> 27:30.480]  And they put that in there so they could do all these derivatives
[27:30.480 --> 27:34.480]  Write all these derivative contracts and not have to report them
[27:34.480 --> 27:43.480]  But the claim that you can make is if they got this mortgage insurance covenant in there
[27:43.480 --> 27:48.480]  That says that they can, if they can't find a mortgage insurance policy
[27:48.480 --> 27:51.480]  Well, they can indemnify themselves
[27:51.480 --> 27:56.480]  You can go and say, wait a minute guys, you insured yourselves here
[27:56.480 --> 28:01.480]  You charged me for mortgage insurance, then you didn't go buy a mortgage insurance policy
[28:01.480 --> 28:06.480]  So with that payment that you took from me for mortgage insurance, you indemnified yourself
[28:06.480 --> 28:11.480]  You can't come back now and claim that you were harmed or had a loss
[28:11.480 --> 28:15.480]  That's generally I think covenant 10
[28:15.480 --> 28:20.480]  Go down to 13, 14, and 15, look at those three covenants
[28:20.480 --> 28:25.480]  They go to notice, they go to fees, and they go to serviceability
[28:25.480 --> 28:27.480]  Serviceability
[28:27.480 --> 28:35.480]  That's the one that says the lender must abide by all law
[28:35.480 --> 28:38.480]  Right, so I have a question with that
[28:38.480 --> 28:44.480]  Okay, with the law, like if they are required to record anything
[28:44.480 --> 28:47.480]  And I heard, I was re-listening to your show from last Friday
[28:47.480 --> 28:50.480]  Where you were talking about how the law is clear
[28:50.480 --> 28:53.480]  That anything to do with the deed of trust, anything like that
[28:53.480 --> 28:55.480]  It must be recorded in the county recorders office
[28:55.480 --> 28:58.480]  No, stop, wrong, wrong
[28:58.480 --> 29:00.480]  Oh, you didn't say that
[29:00.480 --> 29:04.480]  Not exactly that way, it's important we understand the distinction
[29:04.480 --> 29:07.480]  They're not required to file it
[29:07.480 --> 29:12.480]  But if they don't, then their claim is bogus
[29:12.480 --> 29:13.480]  Right
[29:13.480 --> 29:18.480]  So if you go after them for not filing, then that's a frivolous claim
[29:18.480 --> 29:20.480]  Because they don't have to
[29:20.480 --> 29:25.480]  But if you go in and say because they didn't file
[29:25.480 --> 29:29.480]  They don't have standing to perform any kind of foreclosure
[29:29.480 --> 29:31.480]  To collect on the note
[29:31.480 --> 29:32.480]  Right
[29:32.480 --> 29:35.480]  Okay, hang on, we'll pick this up when we come back on the other side
[29:35.480 --> 29:39.480]  Randy Kelton, Deborah Stephen, Rule of Law Radio
[29:39.480 --> 29:43.480]  I call in number 512-646-1984
[29:43.480 --> 29:48.480]  And tonight we get to play Stomp Both the Chups
[29:48.480 --> 29:51.480]  We're here with our special guest Steve Skidmore
[29:51.480 --> 30:18.480]  Give us a call, we'll be right back
[30:22.480 --> 30:25.480]  Startpage.com is the world's most private search engine
[30:25.480 --> 30:29.480]  Startpage.com doesn't store your IP address, make a record of your searches
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[30:39.480 --> 30:42.480]  Startpage.com, the world's most private search engine
[30:42.480 --> 30:46.480]  Billionaire casino mogul Kirk Kerkorian was perplexed
[30:46.480 --> 30:49.480]  When his much younger wife Lisa turned up expecting
[30:49.480 --> 30:52.480]  Kerkorian smelled a rat because a few years before
[30:52.480 --> 30:55.480]  Doctors had determined he was medically unable to father a child
[30:55.480 --> 30:58.480]  He suspected the father was Hollywood producer Stephen Bing
[30:58.480 --> 31:02.480]  Notorious for also fathering actress Liz Hurley's baby
[31:02.480 --> 31:05.480]  However, to no one's surprise, Bing refused to take a paternity test
[31:05.480 --> 31:09.480]  Sir Kerkorian hired an investigator who went fishing about Bing's garbage
[31:09.480 --> 31:11.480]  From the curb outside his house
[31:11.480 --> 31:14.480]  They hit pay dirt when a used piece of dental floss
[31:14.480 --> 31:17.480]  Yielded the DNA evidence linking Bing to the newborn baby
[31:17.480 --> 31:19.480]  What did you throw away today?
[31:19.480 --> 31:24.480]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com
[31:32.480 --> 31:38.480]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th
[31:38.480 --> 31:40.480]  The government says that fire brought it down
[31:40.480 --> 31:45.480]  However, 1,500 architects and engineers concluded it was a controlled demolition
[31:45.480 --> 31:48.480]  Over 6,000 of my fellow service members have given their lives
[31:48.480 --> 31:50.480]  But thousands of my fellow first responders are dying
[31:50.480 --> 31:52.480]  I'm not a conspiracy theorist
[31:52.480 --> 31:53.480]  I'm a structural engineer
[31:53.480 --> 31:54.480]  I'm a New York City correction officer
[31:54.480 --> 31:55.480]  I'm an Air Force pilot
[31:55.480 --> 31:57.480]  I'm a father who lost his son
[31:57.480 --> 31:59.480]  We're Americans and we deserve the truth
[31:59.480 --> 32:02.480]  Go to RememberBuilding7.org today
[32:03.480 --> 32:06.480]  It is so enlightening to listen to 90.1 FM
[32:06.480 --> 32:09.480]  But finding things on the internet isn't so easy
[32:09.480 --> 32:12.480]  And neither is finding like-minded people to share it with
[32:12.480 --> 32:15.480]  Oh, well I guess you haven't heard of Brave New Books then
[32:15.480 --> 32:16.480]  Brave New Books?
[32:16.480 --> 32:20.480]  Yes, Brave New Books has all the books and DVDs you're looking for by authors like
[32:20.480 --> 32:23.480]  Alex Jones, Ron Paul, and G. Edward Griffin
[32:23.480 --> 32:27.480]  They even stock inner food, Berkey products, and Calvin soaps
[32:27.480 --> 32:29.480]  There's no way a place like that exists
[32:29.480 --> 32:31.480]  Go check it out for yourself
[32:31.480 --> 32:35.480]  It's downtown at 1904 Guadalupe Street, just south of UT
[32:35.480 --> 32:39.480]  By UT, there's never anywhere to park down there
[32:39.480 --> 32:45.480]  Actually, they now offer a free hour of parking for paying customers at the 500 MLK parking facility
[32:45.480 --> 32:47.480]  Just behind the bookstore
[32:47.480 --> 32:50.480]  It does exist, but when are they open?
[32:50.480 --> 32:55.480]  Monday through Saturday, 11 AM to 9 PM and 1 to 6 PM on Sundays
[32:55.480 --> 32:59.480]  So give them a call at 512-480-2503
[32:59.480 --> 33:02.480]  Or check out their events page at BraveNewBookstore.com
[33:02.480 --> 33:12.480]  You're listening to the Logos Radio Network at LogosRadioNetwork.com
[33:32.480 --> 33:53.480]  Music
[33:53.480 --> 33:56.480]  Good evening ladies and gentlemen, I am guest host Steve Skidmore
[33:56.480 --> 33:59.480]  Randy, I believe, has stepped out for a glass of tea
[33:59.480 --> 34:02.480]  He asked me to open
[34:02.480 --> 34:04.480]  We're speaking with Joseph in Mississippi
[34:04.480 --> 34:10.480]  And Joseph, I think I know what you're discussing here, what you're looking for
[34:10.480 --> 34:18.480]  In last week's show I was going over Texas Local Government Code section 192.007
[34:18.480 --> 34:22.480]  Records of releases and other actions
[34:22.480 --> 34:25.480]  Let me go back to what Randy was saying
[34:25.480 --> 34:27.480]  He was correct on both points
[34:27.480 --> 34:29.480]  Number one, they do not have to file
[34:29.480 --> 34:34.480]  And number two, if they choose not to file, then they may not have an actionable claim
[34:34.480 --> 34:38.480]  Now, what this statute actually says is that
[34:38.480 --> 34:42.480]  If the, well let me read it
[34:42.480 --> 34:46.480]  192.007 A
[34:46.480 --> 34:52.480]  To release, transfer, assign or take another action related to an instrument that is filed
[34:52.480 --> 34:54.480]  Let me pause right there
[34:54.480 --> 35:00.480]  If they want an actionable claim, they will file at least the security instrument
[35:00.480 --> 35:04.480]  That is the instrument that secures real property to an underlying debt
[35:04.480 --> 35:09.480]  That being the note, they rarely choose to file the note
[35:09.480 --> 35:13.480]  Sometimes they do, sometimes they don't, more often not
[35:13.480 --> 35:16.480]  But, excuse me, the note
[35:16.480 --> 35:19.480]  There's an arguable issue right there
[35:19.480 --> 35:24.480]  In that the note being the prima facie evidence
[35:24.480 --> 35:27.480]  Of the underlying document and pursuant to Carpenter v. Longan
[35:27.480 --> 35:30.480]  These documents are not to be separated
[35:30.480 --> 35:35.480]  It would seem that if they are inseparable
[35:35.480 --> 35:38.480]  As stated in Carpenter v. Longan
[35:38.480 --> 35:42.480]  That they would be recorded together in the same section
[35:42.480 --> 35:44.480]  That is generally not the case here in Texas
[35:44.480 --> 35:49.480]  But to move on
[35:49.480 --> 35:53.480]  If they have chosen to record the instrument
[35:53.480 --> 35:56.480]  Then they are
[35:56.480 --> 35:59.480]  Let me continue with this
[35:59.480 --> 36:04.480]  If that instrument has been filed, registered or recorded in the office of the county clerk
[36:04.480 --> 36:06.480]  That's your public record
[36:06.480 --> 36:11.480]  A person must file, register or record another instrument
[36:11.480 --> 36:15.480]  Relating to the action in the same manner
[36:15.480 --> 36:21.480]  As the original instrument was required to be filed, registered or recorded
[36:21.480 --> 36:25.480]  Now I think that's what you're going on
[36:25.480 --> 36:28.480]  Now what is crucial since you're not in Texas
[36:28.480 --> 36:29.480]  You're in Mississippi
[36:29.480 --> 36:33.480]  It's crucial that you go to your state statutes
[36:33.480 --> 36:36.480]  And look for a similar statute
[36:36.480 --> 36:41.480]  Yes and let me address right here
[36:41.480 --> 36:45.480]  Full faith and credit
[36:45.480 --> 36:49.480]  Generally if something is wrong in one state
[36:49.480 --> 36:52.480]  It's wrong in another state
[36:52.480 --> 36:55.480]  And the states have been around a long time
[36:55.480 --> 37:00.480]  And they've had opportunity for just about everything to go wrong
[37:00.480 --> 37:03.480]  And most states
[37:03.480 --> 37:07.480]  Have a very well structured corpus juris
[37:07.480 --> 37:09.480]  Or body of law
[37:09.480 --> 37:12.480]  So if something seems like
[37:12.480 --> 37:17.480]  Reasonably and rationally it ought to be a certain way
[37:17.480 --> 37:19.480]  It probably is
[37:19.480 --> 37:22.480]  It's just a matter of finding it
[37:22.480 --> 37:26.480]  Now if you have an issue
[37:26.480 --> 37:28.480]  Similar to this
[37:28.480 --> 37:34.480]  That say the state of Mississippi has never addressed this particular issue
[37:34.480 --> 37:38.480]  But another state has addressed this issue
[37:38.480 --> 37:41.480]  Then the states accord
[37:41.480 --> 37:45.480]  The legislators of all other states
[37:45.480 --> 37:48.480]  Full faith and credit
[37:48.480 --> 37:53.480]  They say okay we trust that other state to make good law
[37:53.480 --> 37:59.480]  And since we have never addressed this issue
[37:59.480 --> 38:02.480]  And that state has addressed that issue
[38:02.480 --> 38:07.480]  You can go to that state and pull their law into this state
[38:07.480 --> 38:11.480]  So if you can't find it
[38:11.480 --> 38:16.480]  Then you can still make the argument based on
[38:16.480 --> 38:21.480]  The fact that this issue was addressed by another legislator
[38:21.480 --> 38:24.480]  Legislature and that
[38:24.480 --> 38:29.480]  The state of Mississippi should give full faith and credit to the Texas legislature
[38:29.480 --> 38:30.480]  For passing good law
[38:30.480 --> 38:31.480]  Did that make sense?
[38:31.480 --> 38:33.480]  Oh let me unmute you
[38:33.480 --> 38:35.480]  Yeah
[38:35.480 --> 38:37.480]  Okay there we go
[38:37.480 --> 38:41.480]  And I have a question also
[38:41.480 --> 38:43.480]  Pertaining to the first
[38:43.480 --> 38:45.480]  The original lender
[38:45.480 --> 38:47.480]  Can they not like
[38:47.480 --> 38:51.480]  Going from the argument that they were made whole because they triggered that three and a half
[38:51.480 --> 38:53.480]  Or the three year rule where they
[38:53.480 --> 38:55.480]  You know like you explain on the rules of remedy
[38:55.480 --> 38:57.480]  Where it explains that they get to trigger
[38:57.480 --> 38:58.480]  That insurance
[38:58.480 --> 39:00.480]  Sort of as an insurance policy and they're made whole
[39:00.480 --> 39:03.480]  And therefore nobody's harmed because they've been made whole
[39:03.480 --> 39:06.480]  Because they weren't receiving payments for three and a half years
[39:06.480 --> 39:09.480]  So they can legitimately say well look she didn't make payments for three and a half years
[39:09.480 --> 39:11.480]  So they can put her in default and claim the insurance
[39:11.480 --> 39:14.480]  So they're made whole and therefore since they've been made whole
[39:14.480 --> 39:16.480]  There's no harm to pass on to the second one
[39:16.480 --> 39:18.480]  So if there's no claim
[39:18.480 --> 39:20.480]  They have no standing if there was no harm
[39:20.480 --> 39:23.480]  And we're also looking at it from that perspective too
[39:23.480 --> 39:25.480]  Now wait a minute
[39:25.480 --> 39:32.480]  You're presuming that the bona fide a holder of the note was not receiving payment
[39:32.480 --> 39:34.480]  And
[39:34.480 --> 39:39.480]  The point is the one that is only recorded on the county recorder's office
[39:39.480 --> 39:41.480]  We're going to assume that that's correct until we store otherwise
[39:41.480 --> 39:43.480]  Which is they owned it
[39:43.480 --> 39:45.480]  And the original one owned it
[39:45.480 --> 39:47.480]  And they didn't take payments for three and a half years
[39:47.480 --> 39:49.480]  And we figured they were in collusion with the other one
[39:49.480 --> 39:50.480]  They had to be
[39:50.480 --> 39:52.480]  And they did that on purpose for two reasons
[39:52.480 --> 39:53.480]  Number one
[39:53.480 --> 39:56.480]  They could then claim the insurance
[39:56.480 --> 39:58.480]  That the first one can
[39:58.480 --> 39:59.480]  And be made whole
[39:59.480 --> 40:01.480]  And they can sell it off to the next one
[40:01.480 --> 40:02.480]  And make money on that one
[40:02.480 --> 40:03.480]  Joseph
[40:03.480 --> 40:04.480]  Joseph
[40:04.480 --> 40:05.480]  You're making claims
[40:05.480 --> 40:07.480]  What proof do you have of your claims?
[40:07.480 --> 40:08.480]  Well the proof
[40:08.480 --> 40:10.480]  Well it can be inferred from the evidence
[40:10.480 --> 40:11.480]  No you can't
[40:11.480 --> 40:13.480]  You cannot have inferred proof
[40:13.480 --> 40:15.480]  You've got to have strict proof on a claim like that
[40:15.480 --> 40:20.480]  Yeah if you're saying that they wrote this claim
[40:20.480 --> 40:22.480]  That they took this claim against the insurance
[40:22.480 --> 40:25.480]  Then you would have to have that evidence
[40:25.480 --> 40:29.480]  And you might look at Mississippi law
[40:29.480 --> 40:31.480]  Texas law has
[40:31.480 --> 40:35.480]  I think it's the code of
[40:35.480 --> 40:40.480]  The rules of civil procedure 241 if I remember right
[40:40.480 --> 40:47.480]  It is pre-litigation discovery to preserve evidence
[40:47.480 --> 40:50.480]  And you can file pre-litigation discovery
[40:50.480 --> 40:55.480]  You can send them legal discovery
[40:55.480 --> 41:02.480]  Saying I have reason to believe that I have a legal claim against you
[41:02.480 --> 41:07.480]  But in order to prove or disprove my suspicion
[41:07.480 --> 41:12.480]  I'm asking you for pre-litigation discovery of these matters
[41:12.480 --> 41:14.480]  And then if they don't give it to you
[41:14.480 --> 41:21.480]  Then you can go to the court and ask the court to order this pre-litigation discovery
[41:21.480 --> 41:22.480]  Okay
[41:22.480 --> 41:24.480]  That way you could get the information
[41:24.480 --> 41:27.480]  So that you could make the claim
[41:27.480 --> 41:30.480]  Okay but the way you were explaining the rules
[41:30.480 --> 41:32.480]  Remedies of real estate
[41:32.480 --> 41:37.480]  Where they explained that if they hold it for three years in default
[41:37.480 --> 41:39.480]  Then they can claim that insurance policy and make money that way too
[41:39.480 --> 41:42.480]  Okay will you explain that Steve
[41:42.480 --> 41:47.480]  Well yeah I believe you're alluding to the credit default swaps and derivatives
[41:47.480 --> 41:52.480]  Yeah it's akin to insurance but it's Wall Street deals
[41:52.480 --> 41:57.480]  They're kind of akin to if I'm correct in my assumption
[41:57.480 --> 42:02.480]  They're akin to a put option if you know what a put option is
[42:02.480 --> 42:07.480]  What the lender or what the servicer
[42:07.480 --> 42:14.480]  Or more specifically what the investors in the remix are going to do
[42:14.480 --> 42:17.480]  Is they're going to look at your history
[42:17.480 --> 42:21.480]  Let's say a few years ago you filed bankruptcy
[42:21.480 --> 42:24.480]  Okay you can't file bankruptcy for another certain period of time
[42:24.480 --> 42:28.480]  So okay you're a safe bet to make a payment
[42:28.480 --> 42:32.480]  But just in case you don't we're going to bet against you
[42:32.480 --> 42:38.480]  And let me bet let me see let me put 36 to 1 odds on this pool right here
[42:38.480 --> 42:42.480]  That means if you default they get 36 times the value of the note
[42:42.480 --> 42:47.480]  Now what incentive do they have to work with you on a modification or anything
[42:47.480 --> 42:52.480]  Their incentive is to foreclose so they can cash in on those default swaps
[42:52.480 --> 42:57.480]  Right well that's the one that would allegedly hold the note now
[42:57.480 --> 42:59.480]  Okay
[42:59.480 --> 43:05.480]  The problem with the credit default swap is it's not any of your business technically
[43:05.480 --> 43:07.480]  That's what they say
[43:07.480 --> 43:14.480]  Well tell me how this isn't true this makes sense to me that if you can show that they've done that
[43:14.480 --> 43:19.480]  That's a conspiracy to commit fraud they've colluded to defraud you of that
[43:19.480 --> 43:26.480]  Because the real holder of the note wasn't you were paying the wrong one
[43:26.480 --> 43:31.480]  And they did that for a financial benefit of themselves
[43:31.480 --> 43:37.480]  Okay hold on we're going to have to talk about how we make claims
[43:37.480 --> 43:43.480]  And this gets to how you can show a cause of action
[43:43.480 --> 43:45.480]  And that's going to be problematic here
[43:45.480 --> 43:48.480]  Okay hang on we'll be right back this is Randy Kelton and Debbie Stevens
[43:48.480 --> 43:51.480]  Rule of Law Radio with our special guest Steve Skidmore
[43:51.480 --> 43:55.480]  Our call in number 512-646-1984
[43:55.480 --> 44:18.480]  We'll be right back
[44:25.480 --> 44:30.480]  Because they were willing to fight for their freedom and their guns
[44:30.480 --> 44:57.480]  So are we
[44:57.480 --> 45:02.480]  Okay just like Gonzalez we're keeping our guns
[45:02.480 --> 45:05.480]  Are you the plaintiff or defendant in a lawsuit?
[45:05.480 --> 45:08.480]  Win your case without an attorney with Juris Dictionary
[45:08.480 --> 45:12.480]  The affordable easy to understand 4 CD course
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[45:16.480 --> 45:20.480]  If you have a lawyer know what your lawyer should be doing
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[45:40.480 --> 45:44.480]  About the principles and practices that control our American courts
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[45:50.480 --> 45:53.480]  Pro se tactics and much more
[45:53.480 --> 45:56.480]  Please visit RuleOfLawRadio.com
[45:56.480 --> 45:57.480]  And click on the banner
[45:57.480 --> 46:25.480]  Or call toll free 866-LAW-EASY
[46:25.480 --> 46:31.480]  Always I must be careful what I'm wishing for
[46:31.480 --> 46:36.480]  When I'm hungry I like to know just what I'm fishing for
[46:36.480 --> 46:42.480]  I ain't asking for much I ain't trying to be no bloody
[46:42.480 --> 46:48.480]  I'm just here making my living pushing buttons
[46:48.480 --> 46:54.480]  I give my message out to anyone in the shouting distance
[46:54.480 --> 46:57.480]  I vote for bravery and against slavery
[46:57.480 --> 46:59.480]  Okay we are back
[46:59.480 --> 47:02.480]  Randy Kelton, Deborah Stevens, Rule of Law Radio
[47:02.480 --> 47:04.480]  Here with Steve Skidmore
[47:04.480 --> 47:07.480]  And here's the concern
[47:07.480 --> 47:15.480]  And it's about how we have to make a claim before the court
[47:15.480 --> 47:18.480]  Now you're saying they did something wrong
[47:18.480 --> 47:21.480]  Okay, maybe they did
[47:21.480 --> 47:24.480]  But just because somebody did something wrong
[47:24.480 --> 47:27.480]  Doesn't mean you get to sue them
[47:27.480 --> 47:32.480]  You have to be able to show the court how you were harmed
[47:32.480 --> 47:42.480]  And if they are writing a number of derivative contracts against this note
[47:42.480 --> 47:51.480]  Then you can claim, well, them writing all those contracts gives them reason to force me into foreclosure
[47:51.480 --> 47:54.480]  And then the court's going to say, okay
[47:54.480 --> 47:58.480]  So they had reason to, now show me how they forced you into foreclosure
[47:58.480 --> 48:01.480]  That's something you would have a claim for
[48:01.480 --> 48:05.480]  Not just the fact that they don't have an incentive to work with you
[48:05.480 --> 48:13.480]  Now, if you've attempted to secure a loan modification
[48:13.480 --> 48:15.480]  And because they had these derivatives out
[48:15.480 --> 48:21.480]  They had no reason to negotiate with you in good faith
[48:21.480 --> 48:28.480]  And they subsequently used the loan modification as a gambit
[48:28.480 --> 48:31.480]  To put you in a position to where they could foreclose on you
[48:31.480 --> 48:34.480]  Now you can claim fraud
[48:34.480 --> 48:39.480]  Because they took a couple thousand dollars from the Obama administration
[48:39.480 --> 48:43.480]  In order to offer you that modification
[48:43.480 --> 48:50.480]  Therefore, you had reasonable expectation of good faith and fair dealing
[48:50.480 --> 48:55.480]  Based on them being paid with your tax dollars
[48:55.480 --> 48:57.480]  To act in good faith with you
[48:57.480 --> 49:00.480]  That would give you a due process claim
[49:00.480 --> 49:04.480]  But see, we have to find a way to get this to a cause of action
[49:04.480 --> 49:06.480]  Due process is a cause of action
[49:06.480 --> 49:10.480]  You could file an action against them under qui tam
[49:10.480 --> 49:12.480]  For defrauding the government
[49:12.480 --> 49:16.480]  That's something you can sue as a private attorney general
[49:16.480 --> 49:22.480]  So the point is, is we got to, it's not enough to say they violated the law
[49:22.480 --> 49:27.480]  We got to be able to come back to the court and say, this person did this thing
[49:27.480 --> 49:30.480]  This thing he did was wrongful
[49:30.480 --> 49:32.480]  And I was harmed thereby
[49:32.480 --> 49:35.480]  I was harmed thereby is the really important part
[49:35.480 --> 49:37.480]  Does that make sense, Joe?
[49:37.480 --> 49:41.480]  Yes, and Angela tried to modify
[49:41.480 --> 49:44.480]  Actually, she was trying to work and they totally refused
[49:44.480 --> 49:46.480]  They wouldn't work with her at all
[49:46.480 --> 49:48.480]  Okay, now you need
[49:48.480 --> 49:50.480]  That's not at all surprising
[49:50.480 --> 49:59.480]  Now we need a timeline of all of the things that went on in the modification process
[49:59.480 --> 50:10.480]  Because then we need a discovery to see if they took money from the Obama administration
[50:10.480 --> 50:15.480]  For the purpose of offering you a HAMP loan modification
[50:15.480 --> 50:19.480]  Now we got, if we get that, now we got a claim
[50:19.480 --> 50:23.480]  Have you sent letters to all of the notaries?
[50:23.480 --> 50:28.480]  Not yet, but that's stuff we were working on
[50:28.480 --> 50:31.480]  We discovered they do seem to be working
[50:31.480 --> 50:33.480]  They seem to be legitimate, actually
[50:33.480 --> 50:38.480]  The states, the two different states, the Secretary of States, they're listed there
[50:38.480 --> 50:43.480]  One thing I did find out is the state where one of them works in the notary
[50:43.480 --> 50:48.480]  Last year when they did a notarial act
[50:48.480 --> 50:51.480]  They were actually in both cases
[50:51.480 --> 50:53.480]  But the one doesn't matter because they allowed it this year
[50:53.480 --> 50:56.480]  The law changed that they can work for the bank that they signed for
[50:56.480 --> 50:58.480]  They actually are listed
[50:58.480 --> 51:02.480]  If you look, they're actually working for the bank that they're signing the papers for
[51:02.480 --> 51:04.480]  That's not necessarily a problem
[51:04.480 --> 51:07.480]  Let's understand what the notary does
[51:07.480 --> 51:21.480]  All the notary does is authenticate that the person who signed this document is in fact the person who he claims to be
[51:21.480 --> 51:24.480]  They don't vouch for the veracity of the document
[51:24.480 --> 51:30.480]  But in Iowa, the state law says that they can't have an interest
[51:30.480 --> 51:32.480]  They can't, basically you can't be working for it
[51:32.480 --> 51:39.480]  If you read it, you would interpret it to say that if you work for them, you can't even do a notarial act for your boss
[51:39.480 --> 51:43.480]  Basically, if you read the law, it says that
[51:43.480 --> 51:45.480]  Okay, good
[51:45.480 --> 51:49.480]  They said January 1st that if you work for the bank, it's okay
[51:49.480 --> 51:52.480]  But that was done last year, before that part came in
[51:52.480 --> 51:55.480]  Okay, so it's not expofacto
[51:55.480 --> 51:59.480]  They can't backdate the law
[51:59.480 --> 52:02.480]  That's one thing you can look for
[52:02.480 --> 52:04.480]  There are a number of things here
[52:04.480 --> 52:10.480]  We have one in Michigan that we had on last night
[52:10.480 --> 52:14.480]  And the notary is out of Pennsylvania
[52:14.480 --> 52:18.480]  They notarized the document for MERS
[52:18.480 --> 52:21.480]  And MERS' address is in Michigan
[52:21.480 --> 52:26.480]  And the individual's address is in Michigan
[52:26.480 --> 52:32.480]  So you have a loan in Michigan, you have MERS in Michigan, but you have a notary out of Pennsylvania
[52:32.480 --> 52:35.480]  That's what's called prima facie
[52:35.480 --> 52:45.480]  On the face of it, it appears as though the notary came from Pennsylvania to Michigan and notarized this document
[52:45.480 --> 52:52.480]  And the notary in Pennsylvania has no power to notarize the document in Michigan
[52:52.480 --> 52:56.480]  So this is some of the things we look for
[52:56.480 --> 52:58.480]  We look for the dates not right
[52:58.480 --> 53:09.480]  We look for all of the writing on the affirmation and the jurat to be in the same hand
[53:09.480 --> 53:17.480]  Or the name of the notary and the name of the signatory on the jurat is rubber stamped
[53:17.480 --> 53:19.480]  And the date is rubber stamped
[53:19.480 --> 53:25.480]  And the only thing on the jurat that's in the hand of the notary is the signature
[53:25.480 --> 53:35.480]  That tends to indicate that the notary signed a whole stack of these documents
[53:35.480 --> 53:39.480]  And then the person who did the affirmation pulled the document off the shelf
[53:39.480 --> 53:45.480]  Filled everything in, stamped in the notary's printed name and filed it
[53:45.480 --> 53:49.480]  So now that's not enough on its own
[53:49.480 --> 53:58.480]  Then we say, we put in a request to the notary for evidence of authentication of the document
[53:58.480 --> 54:02.480]  And we got no evidence of authentication
[54:02.480 --> 54:05.480]  Now we have reason to believe and do believe
[54:05.480 --> 54:12.480]  All you have to do is establish on the face of it, 50-50
[54:12.480 --> 54:20.480]  If it's 50% evidence that it was not proper
[54:20.480 --> 54:24.480]  Then the onus shifts to the other side to prove it up
[54:24.480 --> 54:28.480]  If you requested evidence of the authentication
[54:28.480 --> 54:33.480]  Even if it's a state that doesn't require a ledger
[54:33.480 --> 54:36.480]  They are licensed professionals
[54:36.480 --> 54:43.480]  And every state that I've seen that doesn't require a ledger has a state income tax
[54:43.480 --> 54:46.480]  So they would have to keep financial records
[54:46.480 --> 54:47.480]  Right
[54:47.480 --> 54:50.480]  Ask for those
[54:50.480 --> 54:54.480]  Now I did ask in those two states, I did actually call the secretary of state
[54:54.480 --> 54:58.480]  And either one they said that they're not required to keep sequential ledgers
[54:58.480 --> 55:00.480]  You don't care about a ledger
[55:00.480 --> 55:06.480]  And I asked him how to hand over the records, can I just request
[55:06.480 --> 55:08.480]  He said no, they don't have to
[55:08.480 --> 55:10.480]  They just don't have to
[55:10.480 --> 55:12.480]  Okay, hold on
[55:12.480 --> 55:16.480]  Don't pay any attention to the secretary of state, we don't care what they say
[55:16.480 --> 55:17.480]  Okay
[55:17.480 --> 55:25.480]  You can request the records now under discovery
[55:25.480 --> 55:27.480]  Now if that
[55:27.480 --> 55:29.480]  That's after you filed a suit, right?
[55:29.480 --> 55:30.480]  Yeah
[55:30.480 --> 55:36.480]  Well you can do it, look in the rules of civil procedure for Mississippi
[55:36.480 --> 55:42.480]  And just do a search for pre-litigation discovery
[55:42.480 --> 55:43.480]  Okay
[55:43.480 --> 55:46.480]  And see if Mississippi has pre-litigation discovery
[55:46.480 --> 55:48.480]  Most states are going to have that
[55:48.480 --> 55:49.480]  Okay
[55:49.480 --> 55:53.480]  So you don't care if they don't answer it, you hope they don't
[55:53.480 --> 55:54.480]  Okay
[55:54.480 --> 56:00.480]  That just goes to prima facie, you say your honor, this notary's a robo-notary
[56:00.480 --> 56:03.480]  Heck, her name's splattered all over the internet
[56:03.480 --> 56:11.480]  And because of that, we sent a request for this notary to show evidence of the authentication
[56:11.480 --> 56:17.480]  Now she didn't have a, they don't have to keep a sequential ledger, they certainly have to keep financial records
[56:17.480 --> 56:22.480]  And she failed to provide evidence of the authentication of this document
[56:22.480 --> 56:27.480]  And based on these other issues, we have reason to believe that it's a fraudulent signing
[56:27.480 --> 56:30.480]  Now the judge has got something to wrap his head around
[56:30.480 --> 56:34.480]  Just calling him a robo-signer is not enough
[56:34.480 --> 56:42.480]  And this letter un-responded to, and in this case, this would go to Twill
[56:42.480 --> 56:46.480]  Twill V-U-S, Steve is it Twill V-U-S?
[56:46.480 --> 56:50.480]  I think it's, I think you're right
[56:50.480 --> 56:59.480]  Twill V-U-S, and what it says is that if someone fails to respond when they have a duty to respond
[56:59.480 --> 57:09.480]  Or when failing to respond would give someone a false impression, that's equated as fraud
[57:09.480 --> 57:15.480]  So here the notary signed her, their name on this document
[57:15.480 --> 57:28.480]  That was a proactive act on the part of the notary, and they have asserted to the clerk that this signature is authenticated
[57:28.480 --> 57:36.480]  So since they made that proactive statement, now you go to them and it's just like sending a debt validation letter
[57:36.480 --> 57:46.480]  You demand that I send you money, you're made to demand, I don't have to prove that you don't have authority to make the demand
[57:46.480 --> 57:48.480]  You have to prove you do, because you made it
[57:48.480 --> 57:54.480]  So the notary made the proactive statement that he authenticated this person to prove it up
[57:54.480 --> 58:02.480]  If they don't prove it up, adverse inference, it adversely infers that it was fraud like you said it was
[58:02.480 --> 58:08.480]  And we put the debt validation in too, and they're still wanting to go with the foreclosure
[58:08.480 --> 58:17.480]  Of course they are, okay, this is a little more complex, you've got a lot of issues, and we've been on this quite a while
[58:17.480 --> 58:20.480]  We probably should do this offline
[58:20.480 --> 58:24.480]  Yeah, well I did see the email Angela did last night for that
[58:24.480 --> 58:29.480]  Okay I'll send you, I think I sent her David's number, we need to talk to David
[58:29.480 --> 58:36.480]  And he'll explain in more detail how to go after these guys, and you can look on my website
[58:36.480 --> 58:39.480]  I'll tell you what it is when we get back on the other side
[58:39.480 --> 58:46.480]  This is Randy Kelton, Deborah Stevens, Weave La Radio, call in number 512-646-1984
[58:46.480 --> 59:00.480]  We'll be right back
[59:17.480 --> 59:24.480]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation
[59:24.480 --> 59:28.480]  Growing in Christ and how to build up the Church
[59:28.480 --> 59:34.480]  To order your free New Testament recovery version and Basic Elements of the Christian Life
[59:34.480 --> 59:49.480]  Call Bibles for America toll free at 888-551-0102 or visit us online at bfa.org
[01:00:04.480 --> 01:00:14.480]  Liberty Beats, your daily source for Liberty News and activist updates, online at thelibertybeats.com
[01:00:14.480 --> 01:00:18.480]  John Bush here with Your Liberty Beat for May 3rd, 2013
[01:00:18.480 --> 01:00:26.480]  Gold opened today at $1464, silver at $23.84, and bitcoin is trading at $80.46
[01:00:26.480 --> 01:00:28.480]  Support for the Liberty Beat comes from Capital City Automotive
[01:00:28.480 --> 01:00:34.480]  Honest, reliable, and affordable auto repair for vehicles foreign and domestic
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[01:00:41.480 --> 01:00:43.480]  And now the news
[01:00:43.480 --> 01:00:46.480]  According to a poll conducted by the Farley Dickinson University
[01:00:46.480 --> 01:00:53.480]  29% of registered voters think that an armed revolution may be unavoidable in the next few years to preserve our civil liberties
[01:00:53.480 --> 01:01:00.480]  Polls surveyed 863 registered voters and focused on both gun control and the possibility of an armed revolution in the United States
[01:01:00.480 --> 01:01:06.480]  Polls specifically asked the registered voters whether they agreed, disagreed, neither agreed nor disagreed
[01:01:06.480 --> 01:01:09.480]  Did not know or refused to answer the following statement
[01:01:09.480 --> 01:01:13.480]  In the next few years an armed revolution might be necessary in order to protect our liberties
[01:01:13.480 --> 01:01:20.480]  The results showed that 29% agreed, 47% disagreed, 18% neither agreed nor disagreed
[01:01:20.480 --> 01:01:24.480]  5% said they were unsure and just 1% refused to answer
[01:01:24.480 --> 01:01:29.480]  These figures demonstrate the public's growing frustration with overbearing powers of the current administration
[01:01:34.480 --> 01:01:38.480]  According to a new scientific study completed by the University of California Berkeley
[01:01:38.480 --> 01:01:43.480]  Several metals found inside lipsticks and chapsticks could be carcinogous and dangerous to long term health
[01:01:43.480 --> 01:01:49.480]  Products included inside the generic store brought lipstick compounds were chromium, aluminum, cadmium, and of course lead
[01:01:49.480 --> 01:01:56.480]  It also proved that many of the lip products contained very high concentrations of aluminum and titanium according to the San Jose Mercury News
[01:01:56.480 --> 01:02:00.480]  In addition lipsticks were found to overwhelmingly contain hexavalent chromium
[01:02:00.480 --> 01:02:04.480]  Which is a carcinogen linked strongly to developing stomach cancer in individuals
[01:02:04.480 --> 01:02:11.480]  This current time the FDA does not regulate the high content of heavy metals found in lipstick and cosmetic materials sold throughout North America
[01:02:11.480 --> 01:02:22.480]  The National Rifle Association is meeting in Houston Texas this weekend and already drawing crowds to the amount of tens of thousands of people
[01:02:22.480 --> 01:02:26.480]  After recent efforts to exert new gun control legislation the US Congress failed
[01:02:26.480 --> 01:02:31.480]  According to Reuters 70,000 people are expected to appear at the conference and rally dubbed the Stand and Fight rally
[01:02:31.480 --> 01:02:37.480]  Which will feature keynote speakers like Glenn Beck and politicians including Governor Rick Perry of Texas and Governor Bobby Jindal of Louisiana
[01:02:37.480 --> 01:02:43.480]  Houston, currently the United States' fourth largest city in population is already experiencing heightened security
[01:02:43.480 --> 01:02:49.480]  After a man shot his firearm at Houston's George Bush Intercontinental Airport and was later shot dead on the spot
[01:02:49.480 --> 01:02:51.480]  Apparently by an agent of the Department of Homeland Security
[01:02:51.480 --> 01:02:56.480]  This time conflicting reports relay the man either committed suicide or was murdered by an agent of Homeland Security
[01:02:56.480 --> 01:03:24.480]  However no evidence exists that it was in fact a suicide
[01:03:24.480 --> 01:03:33.480]  Okay we are back, Randy Kelton and Debra Stevens here with Steve Skidmore and we're talking to Joe in Mississippi
[01:03:33.480 --> 01:03:42.480]  Joe there's a foreclosure issue as a whole, I could spend about three days on it
[01:03:42.480 --> 01:03:49.480]  Have you looked at RemediesInRealEstate.com
[01:03:49.480 --> 01:03:57.480]  Did you click on the Free Forensic Analysis
[01:03:57.480 --> 01:04:01.480]  Yeah I did but it doesn't come up, I can't get it to open
[01:04:01.480 --> 01:04:08.480]  Okay I fixed it, I was using a flash object and it was really a pain in the neck
[01:04:08.480 --> 01:04:10.480]  Sometimes it worked, sometimes it didn't work
[01:04:10.480 --> 01:04:20.480]  Now when you click on it, it'll take you to a site that I built the mind map on
[01:04:20.480 --> 01:04:24.480]  MapMeister, it'll take you to their site and it gives you a pretty nice map
[01:04:24.480 --> 01:04:33.480]  The map is in HTML5 and JavaScript so it comes up pretty fast and it's a nice and clean arrangement
[01:04:33.480 --> 01:04:36.480]  And I've reworked it so it flows a lot better
[01:04:36.480 --> 01:04:43.480]  I have a question about securitization audit, I'm thinking they might be required to get one here to prove where they've done this stuff
[01:04:43.480 --> 01:04:45.480]  The fraud and everything would that help
[01:04:45.480 --> 01:04:53.480]  Okay the only time I suggest a securitization audit is when I look at the record
[01:04:53.480 --> 01:05:01.480]  Look at the documents in the court record and the county record, everything hinges around those
[01:05:01.480 --> 01:05:09.480]  If I see a deed of trust and it names a certain company, even if MERS is in the mix
[01:05:09.480 --> 01:05:19.480]  And then I see an appointment of deed of trust by a different company to a third company
[01:05:19.480 --> 01:05:25.480]  Like let me give an example of a property I had in Frisco, a guy wrote me a warranty deed on
[01:05:25.480 --> 01:05:29.480]  I've got a deed of trust by Washington Mutual Bank
[01:05:29.480 --> 01:05:36.480]  Washington Mutual Bank went out of business, the government shut them down for laundering money for the drug cartels
[01:05:36.480 --> 01:05:38.480]  I'll get into that later
[01:05:38.480 --> 01:05:46.480]  And then six years later there's an appointment of substitute trustee by JP Morgan Chase
[01:05:46.480 --> 01:05:50.480]  Now in this case I happen to know exactly what the deal was
[01:05:50.480 --> 01:05:59.480]  But if you have something like that where you've got a lender here and then you have a third party making a claim
[01:05:59.480 --> 01:06:04.480]  You want to say hold on here, where did they come from?
[01:06:04.480 --> 01:06:10.480]  Now we know from the record that they don't have standing
[01:06:10.480 --> 01:06:23.480]  In Texas the statute is 51901 and it defines what a fraudulent filing in the county registrar's records is
[01:06:23.480 --> 01:06:32.480]  That if a document is filed in the record that affects the claim on real property
[01:06:32.480 --> 01:06:40.480]  And there's nothing filed in the record by someone with a bona fide claim
[01:06:40.480 --> 01:06:48.480]  Granting this entity authority to file the document, then the document is presumed to be fraudulent
[01:06:48.480 --> 01:06:54.480]  And that's a very good, very focused definition of fraudulent
[01:06:54.480 --> 01:07:03.480]  They're not saying these guys committed any crimes or anything, just by the nature of the document the presumption must be that it's bogus
[01:07:03.480 --> 01:07:09.480]  So when I have that and I have nothing pointing at this company
[01:07:09.480 --> 01:07:19.480]  Then I say in order for us to go in and prove that this person doesn't have or this entity doesn't have the standing it claims
[01:07:19.480 --> 01:07:21.480]  We might need a securities audit
[01:07:21.480 --> 01:07:24.480]  Oh I got a better one
[01:07:24.480 --> 01:07:32.480]  Where you have a assignment to a pass through trust
[01:07:32.480 --> 01:07:38.480]  A pass through trust is only open for inclusion of notes for three months
[01:07:38.480 --> 01:07:48.480]  So you look at the name of the trust, be a big long name but right at the end there will be four numbers and sometimes a dash and one number
[01:07:48.480 --> 01:07:56.480]  Like I have one that's the Deutsche Bank pass through trust blah blah blah blah blah blah blah
[01:07:56.480 --> 01:07:59.480]  2006-5
[01:07:59.480 --> 01:08:06.480]  That means that that trust opened for inclusion in May of 2006
[01:08:06.480 --> 01:08:12.480]  And the note was from May of 2006
[01:08:12.480 --> 01:08:30.480]  So that meant that there was prima facie evidence to indicate that the note had to have been transferred into that trust between May, June and July of 2006
[01:08:30.480 --> 01:08:34.480]  I have an assignment to that trust in 2012
[01:08:34.480 --> 01:08:37.480]  Eh, not
[01:08:37.480 --> 01:08:42.480]  Okay, now we say okay now we need a securities analysis
[01:08:42.480 --> 01:08:49.480]  I don't necessarily go for that because of what I stressed in the beginning
[01:08:49.480 --> 01:08:57.480]  If we can stay away from securitization, stay away from bifurcation, show me the note issue
[01:08:57.480 --> 01:09:09.480]  I got a guy that he's in Kentucky and he's trying to get him to show him the original note and they're not showing it to him
[01:09:09.480 --> 01:09:13.480]  Because in closing he palmed it
[01:09:13.480 --> 01:09:17.480]  He's got it? Oh that was wonderful
[01:09:17.480 --> 01:09:21.480]  So we're trying to get the other side
[01:09:21.480 --> 01:09:25.480]  He said they forged one, they made up one and put his name on it
[01:09:25.480 --> 01:09:31.480]  And send it to him, now we want him to send that forged copy to the court
[01:09:31.480 --> 01:09:40.480]  But what we want to work with first is what is in the county record
[01:09:40.480 --> 01:09:49.480]  Because you can take everything that's in the county record and direct the court to take judicial notice
[01:09:49.480 --> 01:09:58.480]  And you can also hold the other party responsible for being fully aware of everything that's in there
[01:09:58.480 --> 01:10:05.480]  I just sent someone to a hearing today with a challenge to subject matter jurisdiction
[01:10:05.480 --> 01:10:20.480]  And we accused the buyer of the property of tampering with a government document, aggravated perjury and executing a document by deception
[01:10:20.480 --> 01:10:25.480]  All these are penal crimes in the state of Texas
[01:10:25.480 --> 01:10:31.480]  And we say they did that because they purchased this property at foreclosure
[01:10:31.480 --> 01:10:42.480]  Knowing full well that the trustee who did the foreclosure never had an assignment filed in the county record
[01:10:42.480 --> 01:10:48.480]  Now these people probably had absolutely no clue
[01:10:48.480 --> 01:10:59.480]  Too bad, if it's in the county record you have imputed knowledge of it and you are responsible for knowing it
[01:10:59.480 --> 01:11:02.480]  So explain it to the judge Bubba
[01:11:02.480 --> 01:11:09.480]  This is why we want to stay with the documents in the county record
[01:11:09.480 --> 01:11:14.480]  And primarily that takes you to breach of contract
[01:11:14.480 --> 01:11:20.480]  Breach of contract is a cause of action and you don't have to show harm
[01:11:20.480 --> 01:11:27.480]  Your honor, under hope of to the respite they were required to make these notifications
[01:11:27.480 --> 01:11:34.480]  I entered into the contract under the condition that they would make these notifications
[01:11:34.480 --> 01:11:39.480]  The contract specifically required them to make these notifications
[01:11:39.480 --> 01:11:42.480]  They did not make these notifications
[01:11:42.480 --> 01:11:51.480]  They breached covenant 14 of the deed of trust and therefore affected voluntary rescission and repudiation of the contract
[01:11:51.480 --> 01:11:53.480]  That's where we want to go
[01:11:53.480 --> 01:11:55.480]  Does that make sense?
[01:11:55.480 --> 01:12:04.480]  Yes, so when they didn't record it in the county recorders office in 2009 when they should have
[01:12:04.480 --> 01:12:07.480]  That's part of what you're talking about, that's one of the things you're talking about
[01:12:07.480 --> 01:12:10.480]  That they should have according to the contract
[01:12:10.480 --> 01:12:14.480]  All that does is evidence of breaking the chain of title
[01:12:14.480 --> 01:12:20.480]  Well that's enough, that's evidence of breach of contract
[01:12:20.480 --> 01:12:25.480]  You don't have to show that you were harmed because of it
[01:12:25.480 --> 01:12:32.480]  You were harmed because you gave them these privileges under these very specific conditions
[01:12:32.480 --> 01:12:35.480]  Is MERS in your contract?
[01:12:35.480 --> 01:12:41.480]  Oh yes, they're the beneficiary and yes
[01:12:41.480 --> 01:12:46.480]  Are they the beneficiary or are they the nominee?
[01:12:46.480 --> 01:12:50.480]  Okay, I got something else for you to wrap your head around
[01:12:50.480 --> 01:12:57.480]  Is there the beneficiary and the assigned person working for, anyway there's a guy
[01:12:57.480 --> 01:13:02.480]  Okay, hold on, let's back up to that contract
[01:13:02.480 --> 01:13:07.480]  The first portion of the contract are all definitions
[01:13:07.480 --> 01:13:17.480]  The very first paragraph of the contract itself after the definitions is the assignment of property rights
[01:13:17.480 --> 01:13:22.480]  And it assigns the property rights to the trustee
[01:13:22.480 --> 01:13:32.480]  Now there are two types of title or two types of claim against the property
[01:13:32.480 --> 01:13:37.480]  There's an equitable title and there's legal title
[01:13:37.480 --> 01:13:40.480]  Beneficiary holds equitable title
[01:13:40.480 --> 01:13:43.480]  Any money that comes in goes to the beneficiary
[01:13:43.480 --> 01:13:47.480]  So MERS in this case is listed as the beneficiary
[01:13:47.480 --> 01:13:49.480]  Right, we know that
[01:13:49.480 --> 01:13:51.480]  No, MERS is not the beneficiary
[01:13:51.480 --> 01:13:54.480]  Well that's what they claim, but let Randy finish
[01:13:54.480 --> 01:13:56.480]  Let Randy finish
[01:13:56.480 --> 01:14:06.480]  I got a big long argument on this because up in the definitions they claim to be the, they're listed as the beneficiary and nominee for the lender
[01:14:06.480 --> 01:14:08.480]  But that's just definitions
[01:14:08.480 --> 01:14:12.480]  When you go down to the actual contract itself
[01:14:12.480 --> 01:14:20.480]  It has the transfer of property rights sections, it transfers the property to the trustee
[01:14:20.480 --> 01:14:22.480]  That's the legal title
[01:14:22.480 --> 01:14:31.480]  Then they'll have the property address and either the property description or a reference to appendix A
[01:14:31.480 --> 01:14:33.480]  That'll have the property description in it
[01:14:33.480 --> 01:14:37.480]  And then they have this paragraph that starts with together with
[01:14:37.480 --> 01:14:41.480]  Together with all improvements and just a bunch of stuff
[01:14:41.480 --> 01:14:47.480]  Anything added to the property is intended to be included in the lien
[01:14:47.480 --> 01:14:54.480]  So if you put an outbuilding on the property and they foreclose you can't remove the outbuilding
[01:14:54.480 --> 01:14:57.480]  Or if you put an addition on the house you can't take it off
[01:14:57.480 --> 01:14:59.480]  But right in the middle of that
[01:14:59.480 --> 01:15:07.480]  And I think the guy they hired to do this was high on cocaine at the time
[01:15:07.480 --> 01:15:17.480]  Because right in the middle of that paragraph it says you understand that MERS does not hold beneficial interest
[01:15:17.480 --> 01:15:22.480]  But only holds legal title
[01:15:22.480 --> 01:15:25.480]  Say what?
[01:15:25.480 --> 01:15:30.480]  Something's wrong because if they first say they're the beneficiary
[01:15:30.480 --> 01:15:33.480]  No, legal title
[01:15:33.480 --> 01:15:37.480]  They said further that they're not the beneficiary
[01:15:37.480 --> 01:15:39.480]  Yeah, so there's something wrong
[01:15:39.480 --> 01:15:40.480]  Okay, hold on
[01:15:40.480 --> 01:15:43.480]  That portion at the top is just definitions
[01:15:43.480 --> 01:15:46.480]  And it's not contractually binding
[01:15:46.480 --> 01:15:48.480]  Oh, okay
[01:15:48.480 --> 01:15:53.480]  These two paragraphs are the first ones that are contractually binding
[01:15:53.480 --> 01:16:00.480]  And MERS is specifically given legal title
[01:16:00.480 --> 01:16:05.480]  That means the trustee cannot hold legal title
[01:16:05.480 --> 01:16:07.480]  MERS does
[01:16:07.480 --> 01:16:10.480]  That means this is not a trust
[01:16:10.480 --> 01:16:12.480]  This is a grant
[01:16:12.480 --> 01:16:14.480]  Right, okay, it's a grant
[01:16:14.480 --> 01:16:19.480]  In Texas, and I bet you're going to find it in Mississippi
[01:16:19.480 --> 01:16:31.480]  Where you have a nonjudicial state, there will be a statute like 21.02 of Texas Business and Commerce Code
[01:16:31.480 --> 01:16:40.480]  That says a lender may not require the borrower to transfer the property to the lender
[01:16:40.480 --> 01:16:50.480]  If you can find that, your deed of trust is in direct violation of state law and is void on its face
[01:16:50.480 --> 01:16:54.480]  Hang on, Randy Calk, Deborah Stevens, Real Law Radio
[01:16:54.480 --> 01:17:13.480]  We'll be right back
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[01:19:24.480 --> 01:19:37.480]  Well, they're gonna fool me with that same old trick again
[01:19:37.480 --> 01:19:42.480]  I was blindsided, but now I can see your plan
[01:19:42.480 --> 01:19:45.480]  You put the fear in my brain
[01:19:45.480 --> 01:19:49.480]  Okay, we are back. Randy Kelton, Deborah Stephen here with Steve Skidmore
[01:19:49.480 --> 01:19:54.480]  And Joseph, you kind of got me sucked into that
[01:19:54.480 --> 01:19:59.480]  I could talk about this all night, but we do have people that's been holding quite a while
[01:19:59.480 --> 01:20:06.480]  I emailed Angie back, I think I sent her David's number
[01:20:06.480 --> 01:20:10.480]  If I didn't, in the morning I will email her David's number
[01:20:10.480 --> 01:20:14.480]  And she called David and we can talk about this offline
[01:20:14.480 --> 01:20:21.480]  There are a number of things, primarily we need the notary letters
[01:20:21.480 --> 01:20:26.480]  And the power of attorney letters sent
[01:20:26.480 --> 01:20:33.480]  So they're working so that if we don't get responses to those
[01:20:33.480 --> 01:20:39.480]  Those give us immediate claims and then you have an option to go after them
[01:20:39.480 --> 01:20:45.480]  For declaratory judgement, and we'll explain that
[01:20:45.480 --> 01:20:52.480]  And with respect to stopping the foreclosure, which they're just going forward anyway
[01:20:52.480 --> 01:20:54.480]  Even though they're not responding to this
[01:20:54.480 --> 01:20:59.480]  Okay, they're gonna try to go forward with it anyway, but have you sued them personally?
[01:20:59.480 --> 01:21:04.480]  No, no, this was sent two weeks ago
[01:21:04.480 --> 01:21:10.480]  But they got it in person, they received it in person two weeks ago
[01:21:10.480 --> 01:21:13.480]  And they're still continuing
[01:21:13.480 --> 01:21:16.480]  Wait a minute, you're saying you did file suit?
[01:21:16.480 --> 01:21:20.480]  No, no, in person the validation letter
[01:21:20.480 --> 01:21:23.480]  Oh, okay, they always ignore them
[01:21:23.480 --> 01:21:26.480]  They have to stop all collection activities
[01:21:26.480 --> 01:21:32.480]  They don't, okay listen, they don't pay any attention to none of that
[01:21:32.480 --> 01:21:36.480]  And the judges will not support it
[01:21:36.480 --> 01:21:43.480]  Understand, it doesn't make any difference what the law says
[01:21:43.480 --> 01:21:49.480]  You will not win your case because you have the law and the facts on your side
[01:21:49.480 --> 01:21:53.480]  To think so is naive
[01:21:53.480 --> 01:21:57.480]  You will only win your, okay well no it's not lost
[01:21:57.480 --> 01:22:02.480]  You will only win your case if you have the politics on your side
[01:22:02.480 --> 01:22:05.480]  And that's what we'll show you how to do
[01:22:05.480 --> 01:22:07.480]  That's how you get remedy
[01:22:07.480 --> 01:22:12.480]  All politics is local
[01:22:12.480 --> 01:22:15.480]  Anytime you're looking at addressing an issue
[01:22:15.480 --> 01:22:20.480]  You have to consider the political pressures on the parties involved
[01:22:20.480 --> 01:22:26.480]  And how do we manipulate the political pressures to get them to do what we want
[01:22:26.480 --> 01:22:30.480]  How do we get the banks to the table?
[01:22:30.480 --> 01:22:34.480]  Sue the lawyer and file criminal charges against the lawyer
[01:22:34.480 --> 01:22:36.480]  With the local district attorney
[01:22:36.480 --> 01:22:39.480]  And when he doesn't want to prosecute the lawyer
[01:22:39.480 --> 01:22:44.480]  Then you work over the district attorney and get him all PO'd at this lawyer
[01:22:44.480 --> 01:22:46.480]  Well we think we got the lawyer scared
[01:22:46.480 --> 01:22:50.480]  Because he's refusing to act until the bank satisfies the debt validation
[01:22:50.480 --> 01:22:52.480]  So I think he sees the writing on the wall
[01:22:52.480 --> 01:22:54.480]  But the bank still wants to go through with it
[01:22:54.480 --> 01:22:57.480]  Okay the bank will always want to go through with it
[01:22:57.480 --> 01:23:00.480]  And once you've sued them
[01:23:00.480 --> 01:23:03.480]  They may go through with the foreclosure
[01:23:03.480 --> 01:23:07.480]  And depending on what yours look like you may want them to
[01:23:07.480 --> 01:23:11.480]  Because threatening to foreclose on you doesn't harm you
[01:23:11.480 --> 01:23:16.480]  Once they've actually foreclosed the deed is done and they can't
[01:23:16.480 --> 01:23:19.480]  You know once that bell is rung they can't unring it
[01:23:19.480 --> 01:23:23.480]  Now you can go after them civilly and criminally if they've done it wrongfully
[01:23:23.480 --> 01:23:27.480]  But they're not going to want you out of the house
[01:23:27.480 --> 01:23:28.480]  Right
[01:23:28.480 --> 01:23:30.480]  That's the main thing
[01:23:30.480 --> 01:23:34.480]  Once the house is in litigation they do not want it empty
[01:23:34.480 --> 01:23:39.480]  I know because it's easier for them to get it taken over
[01:23:39.480 --> 01:23:42.480]  Well they can't insure an empty house
[01:23:42.480 --> 01:23:46.480]  And as long as you have a working claim against it they can't do anything with it
[01:23:46.480 --> 01:23:50.480]  And they've already got more houses to take care of and they can keep up with
[01:23:50.480 --> 01:23:51.480]  They're not going to want it
[01:23:51.480 --> 01:23:55.480]  You can keep them from forcing you out of the house
[01:23:55.480 --> 01:23:59.480]  And Steve can tell you if you hang on that
[01:23:59.480 --> 01:24:03.480]  As long as somebody is in there
[01:24:03.480 --> 01:24:07.480]  Somebody is not stripping out all the appliances and copper wires
[01:24:07.480 --> 01:24:09.480]  And everything out of the walls
[01:24:09.480 --> 01:24:11.480]  It's kind of cheap insurance for them
[01:24:11.480 --> 01:24:15.480]  Okay we really need to move ahead
[01:24:15.480 --> 01:24:21.480]  But I will send David's number to Angie in the morning
[01:24:21.480 --> 01:24:25.480]  And we'll talk to David and he will give you all the details
[01:24:25.480 --> 01:24:30.480]  If you need me he'll bring me in and we can go over this in more detail
[01:24:30.480 --> 01:24:32.480]  Yes thank you very much
[01:24:32.480 --> 01:24:33.480]  Alrighty
[01:24:33.480 --> 01:24:38.480]  Now we're going to go to Mark in Nevada
[01:24:38.480 --> 01:24:41.480]  Hello Mark what do you have for us tonight?
[01:24:41.480 --> 01:24:45.480]  Mr. Kelton I just knew you were going to come to me now
[01:24:45.480 --> 01:24:49.480]  Because after the last couple callers you know
[01:24:49.480 --> 01:24:51.480]  And you know how attentively I listen
[01:24:51.480 --> 01:24:53.480]  Man got my head spinning
[01:24:53.480 --> 01:24:56.480]  You send out a lot of information pal
[01:24:56.480 --> 01:24:58.480]  And we appreciate it
[01:24:58.480 --> 01:25:02.480]  But let me get right to the point of what I want to ask you
[01:25:02.480 --> 01:25:04.480]  And that's this
[01:25:04.480 --> 01:25:05.480]  Okay
[01:25:05.480 --> 01:25:06.480]  Two things
[01:25:06.480 --> 01:25:08.480]  Number one is
[01:25:08.480 --> 01:25:11.480]  This assignment of deed of trust
[01:25:11.480 --> 01:25:12.480]  Okay
[01:25:12.480 --> 01:25:18.480]  That was done about six years after the trust
[01:25:18.480 --> 01:25:22.480]  Took possession of my note
[01:25:22.480 --> 01:25:23.480]  My mortgage
[01:25:23.480 --> 01:25:24.480]  Okay
[01:25:24.480 --> 01:25:27.480]  What is the time limit
[01:25:27.480 --> 01:25:31.480]  You know before you know when this assignment comes
[01:25:31.480 --> 01:25:34.480]  I heard there were some tax ramifications
[01:25:34.480 --> 01:25:36.480]  And things like that
[01:25:36.480 --> 01:25:42.480]  Involved like to maintain REMIC tax status
[01:25:42.480 --> 01:25:44.480]  REMIC
[01:25:44.480 --> 01:25:45.480]  Oh no okay
[01:25:45.480 --> 01:25:46.480]  REMIC
[01:25:46.480 --> 01:25:49.480]  That only goes to
[01:25:49.480 --> 01:25:52.480]  How many
[01:25:52.480 --> 01:25:56.480]  How many loans in the REMIC fail
[01:25:56.480 --> 01:25:58.480]  And they can only tolerate five percent
[01:25:58.480 --> 01:25:59.480]  Do you want to address that Steve
[01:25:59.480 --> 01:26:00.480]  Sure
[01:26:00.480 --> 01:26:01.480]  I think what
[01:26:01.480 --> 01:26:03.480]  I think what Mark is asking is
[01:26:03.480 --> 01:26:07.480]  How long is there a time limit
[01:26:07.480 --> 01:26:09.480]  Before they got to stop a transfer
[01:26:09.480 --> 01:26:11.480]  The only time limit there is
[01:26:11.480 --> 01:26:14.480]  Is getting a mortgage in the pool
[01:26:14.480 --> 01:26:17.480]  After the pool is offered
[01:26:17.480 --> 01:26:20.480]  Once the pool is open it is offered
[01:26:20.480 --> 01:26:23.480]  And there's I think a 30 day limit
[01:26:23.480 --> 01:26:26.480]  To get any assets in that pool
[01:26:26.480 --> 01:26:27.480]  It's 90 days
[01:26:27.480 --> 01:26:29.480]  It's 90 days okay
[01:26:29.480 --> 01:26:31.480]  But I think what you're asking is
[01:26:31.480 --> 01:26:33.480]  Is there a time limit on transfers
[01:26:33.480 --> 01:26:35.480]  No that's what the REMIC is for
[01:26:35.480 --> 01:26:37.480]  Keep in mind this is a REMIC
[01:26:37.480 --> 01:26:38.480]  R-E-M-I-C
[01:26:38.480 --> 01:26:42.480]  Real Estate Investment Conduit
[01:26:42.480 --> 01:26:46.480]  This is a conduit in where it allows people
[01:26:46.480 --> 01:26:49.480]  To buy, sell, trade, swap, cut, slice, dice
[01:26:49.480 --> 01:26:53.480]  And manipulate these so-called securities
[01:26:53.480 --> 01:26:56.480]  They're toxic assets if you ask me
[01:26:56.480 --> 01:27:00.480]  But this is the whole purpose of the REMIC
[01:27:00.480 --> 01:27:02.480]  Is to allow free trade
[01:27:02.480 --> 01:27:05.480]  Without the encumbrance of having to
[01:27:05.480 --> 01:27:07.480]  Stop and figure out how much taxes
[01:27:07.480 --> 01:27:08.480]  Anybody owes
[01:27:08.480 --> 01:27:11.480]  Now what the tax liability you're speaking of
[01:27:11.480 --> 01:27:14.480]  There is a pooling and servicing agreement
[01:27:14.480 --> 01:27:17.480]  That is attached to and binding
[01:27:17.480 --> 01:27:20.480]  Upon all members of that REMIC
[01:27:20.480 --> 01:27:23.480]  They have got to adhere to that law
[01:27:23.480 --> 01:27:26.480]  That is the law is handed down
[01:27:26.480 --> 01:27:28.480]  From whatever source
[01:27:28.480 --> 01:27:30.480]  This is the agreement on what they will do
[01:27:30.480 --> 01:27:33.480]  Now if they close a pool
[01:27:33.480 --> 01:27:36.480]  If the pool is closed 90 days after
[01:27:36.480 --> 01:27:38.480]  And there's new loans going in there
[01:27:38.480 --> 01:27:40.480]  They messed up
[01:27:40.480 --> 01:27:42.480]  Now they're liable
[01:27:42.480 --> 01:27:44.480]  They can be liable for double taxation
[01:27:44.480 --> 01:27:47.480]  If they move assets in there
[01:27:47.480 --> 01:27:52.480]  That are of mixed interest rates
[01:27:52.480 --> 01:27:54.480]  And there's a clause in the agreement
[01:27:54.480 --> 01:27:56.480]  That says that all of the assets
[01:27:56.480 --> 01:27:58.480]  Shall be of the same interest rate
[01:27:58.480 --> 01:28:01.480]  Then they may be liable for double taxation
[01:28:01.480 --> 01:28:03.480]  On some of those assets
[01:28:03.480 --> 01:28:06.480]  I think that might address the taxation issue
[01:28:06.480 --> 01:28:09.480]  That you were bringing up with the REMICS
[01:28:09.480 --> 01:28:11.480]  That's exactly right
[01:28:11.480 --> 01:28:13.480]  And check this out
[01:28:13.480 --> 01:28:15.480]  My common sense says
[01:28:15.480 --> 01:28:17.480]  If they had transferred
[01:28:17.480 --> 01:28:20.480]  The paperwork, the endorsement, etc.
[01:28:20.480 --> 01:28:22.480]  Properly
[01:28:22.480 --> 01:28:24.480]  In years past
[01:28:24.480 --> 01:28:26.480]  Okay
[01:28:26.480 --> 01:28:30.480]  Then why would we be assigning
[01:28:30.480 --> 01:28:32.480]  These two deeds of trust
[01:28:32.480 --> 01:28:34.480]  In 2012
[01:28:34.480 --> 01:28:37.480]  For a loan that originated
[01:28:37.480 --> 01:28:39.480]  In December of 2005
[01:28:39.480 --> 01:28:42.480]  Okay, does that make any sense to you gentlemen?
[01:28:42.480 --> 01:28:44.480]  Absolutely, yes
[01:28:44.480 --> 01:28:46.480]  Again, that's what the REMIC is for
[01:28:46.480 --> 01:28:48.480]  It's for that specific purpose
[01:28:48.480 --> 01:28:50.480]  To buy, sell, and trade them
[01:28:50.480 --> 01:28:52.480]  Let me address that part
[01:28:52.480 --> 01:28:56.480]  The REMIC, once it's put together
[01:28:56.480 --> 01:28:58.480]  Is intended to be
[01:28:58.480 --> 01:29:00.480]  One piece
[01:29:00.480 --> 01:29:03.480]  Now there may be 10,000 notes in there
[01:29:03.480 --> 01:29:06.480]  And what they do is sell tranches
[01:29:06.480 --> 01:29:08.480]  Off of the REMIC
[01:29:08.480 --> 01:29:10.480]  A tranche is like a slice
[01:29:10.480 --> 01:29:13.480]  If you ever got a hero sandwich
[01:29:13.480 --> 01:29:15.480]  They've got a big piece of beef up there
[01:29:15.480 --> 01:29:18.480]  And they take little slices off the beef
[01:29:18.480 --> 01:29:20.480]  To make your sandwich with
[01:29:20.480 --> 01:29:23.480]  That's sort of what a tranche would be
[01:29:23.480 --> 01:29:25.480]  And if they have
[01:29:25.480 --> 01:29:27.480]  Two or three REMICs running
[01:29:27.480 --> 01:29:29.480]  They may have one REMIC
[01:29:29.480 --> 01:29:31.480]  That's very profitable
[01:29:31.480 --> 01:29:33.480]  One that's not profitable
[01:29:33.480 --> 01:29:35.480]  The one that's profitable
[01:29:35.480 --> 01:29:37.480]  They're incurring taxes on
[01:29:37.480 --> 01:29:39.480]  The one that's not profitable
[01:29:39.480 --> 01:29:40.480]  They're losing money on
[01:29:40.480 --> 01:29:43.480]  So they take a tranche off the profitable one
[01:29:43.480 --> 01:29:46.480]  Move it over to the one that's not profitable
[01:29:46.480 --> 01:29:48.480]  So they keep them evened out right at the point
[01:29:48.480 --> 01:29:51.480]  To where they don't have to pay any taxes on them
[01:29:51.480 --> 01:29:54.480]  I'll explain why that's a problem for them
[01:29:54.480 --> 01:29:57.480]  When we get back in real estate markets
[01:29:57.480 --> 01:29:59.480]  We'll be right back
[01:30:01.480 --> 01:30:03.480]  Magnificent monarchs
[01:30:03.480 --> 01:30:05.480]  Turns out those beautiful orange and black butterflies
[01:30:05.480 --> 01:30:07.480]  Are natural born naturopaths
[01:30:07.480 --> 01:30:09.480]  That not only sense illness
[01:30:09.480 --> 01:30:11.480]  But they can find the right botanic cure
[01:30:11.480 --> 01:30:12.480]  I'm Dr. Catherine Albrecht
[01:30:12.480 --> 01:30:15.480]  And I'll be back in just a moment to tell you more
[01:30:15.480 --> 01:30:17.480]  Your search engine is watching you
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[01:30:23.480 --> 01:30:24.480]  That's creepy
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[01:30:46.480 --> 01:30:48.480]  Mother monarch butterflies
[01:30:48.480 --> 01:30:50.480]  Have a second sense when it comes to illness
[01:30:50.480 --> 01:30:52.480]  Somehow females know when they have
[01:30:52.480 --> 01:30:54.480]  Deadly parasitic infections
[01:30:54.480 --> 01:30:57.480]  They also realize they'll pass the disease on to their young
[01:30:57.480 --> 01:30:59.480]  And they take steps to cure them
[01:30:59.480 --> 01:31:01.480]  The monarch's egg laying preferences are the key
[01:31:01.480 --> 01:31:04.480]  Monarchs lay their eggs on milkweed plants
[01:31:04.480 --> 01:31:07.480]  The mothers who are uninfected choose their plants at random
[01:31:07.480 --> 01:31:09.480]  But the infected mothers are careful to lay their eggs
[01:31:09.480 --> 01:31:11.480]  On particular milkweed plants
[01:31:11.480 --> 01:31:13.480]  That are toxic to the parasites
[01:31:13.480 --> 01:31:15.480]  Their babies hatch, munch on the plants
[01:31:15.480 --> 01:31:16.480]  And they're not sure
[01:31:16.480 --> 01:31:18.480]  Scientists are watching other creatures
[01:31:18.480 --> 01:31:20.480]  Hoping they use plant cures too
[01:31:20.480 --> 01:31:22.480]  If so, we might have a lot to learn from them
[01:31:22.480 --> 01:31:23.480]  About natural remedies
[01:31:23.480 --> 01:31:25.480]  I'm Dr. Kathryn Albrecht
[01:31:25.480 --> 01:31:28.480]  More news and information at kathrynalbrecht.com
[01:31:33.480 --> 01:31:35.480]  Here at Zombie Killer Ammo and Guns
[01:31:35.480 --> 01:31:37.480]  We believe that the Second Amendment guarantees
[01:31:37.480 --> 01:31:39.480]  Our rights as citizens to be able to defend ourselves
[01:31:39.480 --> 01:31:41.480]  And our loved ones
[01:31:41.480 --> 01:31:42.480]  We also believe that the right to carry weapons
[01:31:42.480 --> 01:31:44.480]  Comes with the responsibility
[01:31:44.480 --> 01:31:45.480]  Of taking out guns
[01:31:45.480 --> 01:31:47.480]  So if you're going to be in the Corpus Christi area
[01:31:47.480 --> 01:31:52.480]  Give us a call at 361-704-6103
[01:31:52.480 --> 01:31:54.480]  Ask for Chris or Portia
[01:31:54.480 --> 01:31:56.480]  And mention this radio ad for a 10% discount
[01:31:56.480 --> 01:31:58.480]  We can ship ammo, parts, and accessories
[01:31:58.480 --> 01:32:01.480]  Like us on Facebook at Zombie Killers, LLC
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[01:33:04.480 --> 01:33:06.480]  Looking for some truth?
[01:33:06.480 --> 01:33:07.480]  You found it
[01:33:07.480 --> 01:33:11.480]  On logosradionetwork.com
[01:33:38.480 --> 01:33:40.480]  Okay, we are back
[01:33:40.480 --> 01:33:43.480]  Randy Kelton, Deborah Stevens here with Steve Skidmore
[01:33:43.480 --> 01:33:46.480]  And Steve, you wanted to comment on
[01:33:46.480 --> 01:33:48.480]  What Mark was talking about
[01:33:48.480 --> 01:33:49.480]  The remix
[01:33:49.480 --> 01:33:51.480]  Yes, on the
[01:33:51.480 --> 01:33:53.480]  Okay, there's
[01:33:53.480 --> 01:33:55.480]  We brought up 5%
[01:33:55.480 --> 01:33:57.480]  5% of what?
[01:33:57.480 --> 01:33:59.480]  We know that there's 10,000 mortgages
[01:33:59.480 --> 01:34:00.480]  Or no more
[01:34:00.480 --> 01:34:03.480]  There are to be no more than 10,000 mortgage-backed assets
[01:34:03.480 --> 01:34:05.480]  Or mortgage-backed securities
[01:34:05.480 --> 01:34:08.480]  In any given pool
[01:34:08.480 --> 01:34:11.480]  In order for the investors
[01:34:11.480 --> 01:34:15.480]  To maintain and enjoy this pass-through tax status
[01:34:15.480 --> 01:34:17.480]  One of the criteria they must meet
[01:34:17.480 --> 01:34:19.480]  Is that they shall not
[01:34:19.480 --> 01:34:21.480]  Or the pool manager shall not modify
[01:34:21.480 --> 01:34:25.480]  More than 5% of the assets in that pool
[01:34:25.480 --> 01:34:27.480]  He doesn't want to set himself up
[01:34:27.480 --> 01:34:30.480]  For a libel suit from the investors
[01:34:30.480 --> 01:34:33.480]  So he's going to
[01:34:33.480 --> 01:34:36.480]  All of these pools are maxed out at 5%
[01:34:36.480 --> 01:34:39.480]  If they're not completely collapsed
[01:34:39.480 --> 01:34:41.480]  All together
[01:34:41.480 --> 01:34:44.480]  But those that are still viable
[01:34:44.480 --> 01:34:45.480]  They can't
[01:34:45.480 --> 01:34:49.480]  They're viable because they're not modifying more than 5%
[01:34:49.480 --> 01:34:53.480]  That means 500 out of 10,000 people are going to get a modification
[01:34:53.480 --> 01:34:55.480]  Now, you're asking
[01:34:55.480 --> 01:34:56.480]  How did this
[01:34:56.480 --> 01:35:00.480]  Let's say that this pool was closed on January
[01:35:00.480 --> 01:35:03.480]  The first 2010
[01:35:03.480 --> 01:35:07.480]  And they've got 90 days to get all the assets in there
[01:35:07.480 --> 01:35:11.480]  But you see that your mortgage was transferred over to that pool
[01:35:11.480 --> 01:35:13.480]  Some five years later
[01:35:13.480 --> 01:35:15.480]  Let me explain how that can happen
[01:35:15.480 --> 01:35:21.480]  The pool manager has a duty to maintain the assets
[01:35:21.480 --> 01:35:24.480]  At a constant level or gaining
[01:35:24.480 --> 01:35:26.480]  Not to lose money
[01:35:26.480 --> 01:35:29.480]  But to make money or at least hold steady
[01:35:29.480 --> 01:35:31.480]  He does that
[01:35:31.480 --> 01:35:37.480]  By deciding which one of these defaulted mortgages
[01:35:37.480 --> 01:35:39.480]  They're going to foreclose on
[01:35:39.480 --> 01:35:41.480]  The only way they can put another asset in there
[01:35:41.480 --> 01:35:43.480]  Is to foreclose on one
[01:35:43.480 --> 01:35:45.480]  Pull it out because it's like a dead battery
[01:35:45.480 --> 01:35:47.480]  It's not generating any energy
[01:35:47.480 --> 01:35:51.480]  Replace it with one of equal or greater value
[01:35:51.480 --> 01:35:53.480]  That may have been yours
[01:35:53.480 --> 01:35:55.480]  That they replaced it with
[01:35:55.480 --> 01:35:57.480]  Okay
[01:35:57.480 --> 01:36:01.480]  Now they can keep this thing running smoothly
[01:36:01.480 --> 01:36:03.480]  And they're not in trouble with the investors
[01:36:03.480 --> 01:36:06.480]  They're not out of pocket any of their money
[01:36:06.480 --> 01:36:08.480]  Because in the pooling and servicing agreements
[01:36:08.480 --> 01:36:13.480]  The mortgage servicers have agreed
[01:36:13.480 --> 01:36:17.480]  To make any payments on any defaulted notes
[01:36:17.480 --> 01:36:23.480]  So that the investors don't see any hiccups
[01:36:23.480 --> 01:36:25.480]  In their investments
[01:36:25.480 --> 01:36:27.480]  Did that make sense?
[01:36:27.480 --> 01:36:29.480]  Yeah, you know, I mean
[01:36:29.480 --> 01:36:32.480]  As much as the new information can make sense to you
[01:36:32.480 --> 01:36:34.480]  And certainly my time is limited
[01:36:34.480 --> 01:36:36.480]  Because you guys have so many callers
[01:36:36.480 --> 01:36:39.480]  Well, hang on, hang on, hang on, Mark
[01:36:39.480 --> 01:36:42.480]  There's a point here where Randy had a point
[01:36:42.480 --> 01:36:45.480]  In our off-air conversation
[01:36:45.480 --> 01:36:47.480]  And this is where I just wanted to make sure
[01:36:47.480 --> 01:36:49.480]  That we were clear up to this point
[01:36:49.480 --> 01:36:51.480]  And you said that we are, so Randy?
[01:36:51.480 --> 01:36:56.480]  Yes, and if you're looking at the assignment
[01:36:56.480 --> 01:37:00.480]  Look at the date of the note
[01:37:00.480 --> 01:37:02.480]  And then look at the pool
[01:37:02.480 --> 01:37:07.480]  If the pool was, say your note was in May of 2006
[01:37:07.480 --> 01:37:10.480]  Like one we just looked at
[01:37:10.480 --> 01:37:17.480]  And the pool had a pool date on it of 2006-5
[01:37:17.480 --> 01:37:21.480]  But the assignment was in 2012
[01:37:21.480 --> 01:37:22.480]  That's correct
[01:37:22.480 --> 01:37:27.480]  That implies that they actually put that note
[01:37:27.480 --> 01:37:31.480]  In that pool in 2006
[01:37:31.480 --> 01:37:37.480]  But they failed to do the proper notice
[01:37:37.480 --> 01:37:41.480]  And this is where we go back to the contract
[01:37:41.480 --> 01:37:45.480]  The deed of trust or the mortgage requires
[01:37:45.480 --> 01:37:49.480]  That they give notice of the negotiation
[01:37:49.480 --> 01:37:52.480]  Of the note into the pool
[01:37:52.480 --> 01:37:55.480]  And I think they have 90 or 120 days
[01:37:55.480 --> 01:37:58.480]  I'm not sure what it is in real estate procedures
[01:37:58.480 --> 01:38:00.480]  I think it's 90
[01:38:00.480 --> 01:38:04.480]  But they're required to give you notice
[01:38:04.480 --> 01:38:08.480]  And I didn't say this
[01:38:08.480 --> 01:38:11.480]  But Steve said it
[01:38:11.480 --> 01:38:14.480]  If you have notice, throw it in the trash
[01:38:14.480 --> 01:38:18.480]  And then tell them you don't have notice
[01:38:18.480 --> 01:38:22.480]  And if they ask, is the reason you don't have notice
[01:38:22.480 --> 01:38:24.480]  Is that you threw it in the trash
[01:38:24.480 --> 01:38:26.480]  You say yeah that's the reason
[01:38:26.480 --> 01:38:29.480]  So I can't tell if you actually gave me notice
[01:38:29.480 --> 01:38:30.480]  Prove that you did
[01:38:30.480 --> 01:38:32.480]  If you can't prove that you did
[01:38:32.480 --> 01:38:36.480]  Then you didn't, then you breached the contract
[01:38:36.480 --> 01:38:39.480]  Right, now if they did give notice
[01:38:39.480 --> 01:38:44.480]  I mean, what I don't understand is
[01:38:44.480 --> 01:38:48.480]  Why are we getting these assignments of deed of trust so much later
[01:38:48.480 --> 01:38:50.480]  But let me ask you this on these things
[01:38:50.480 --> 01:38:53.480]  There's two assignments of deed of trust to me
[01:38:53.480 --> 01:38:57.480]  One's for the 30-12 brothers, July 5th-12
[01:38:57.480 --> 01:39:00.480]  They're both from MERS and they're both robo-signed
[01:39:00.480 --> 01:39:02.480]  By known robo-signers
[01:39:02.480 --> 01:39:05.480]  But that doesn't matter because MERS was able to get
[01:39:05.480 --> 01:39:07.480]  People from Bank of America to sign in their name
[01:39:07.480 --> 01:39:08.480]  I know that
[01:39:08.480 --> 01:39:10.480]  The first part of my question gentlemen is
[01:39:10.480 --> 01:39:13.480]  Are they still able to do that after
[01:39:13.480 --> 01:39:16.480]  They had that cease and desist order
[01:39:16.480 --> 01:39:19.480]  And then they had the MERS stipulation and consent
[01:39:19.480 --> 01:39:22.480]  I think that was on April 13th, 2011
[01:39:22.480 --> 01:39:26.480]  It was, and no it doesn't allow them to continue
[01:39:26.480 --> 01:39:28.480]  A cease and desist means stop it
[01:39:28.480 --> 01:39:31.480]  But they never stopped it
[01:39:31.480 --> 01:39:34.480]  Yeah, I read that, it says MERS and MERS Corp
[01:39:34.480 --> 01:39:37.480]  Have committed to take all necessary and appropriate steps
[01:39:37.480 --> 01:39:39.480]  To remedy the deficiencies and unsafe and
[01:39:39.480 --> 01:39:42.480]  Unfound practices identified by the agencies
[01:39:42.480 --> 01:39:45.480]  And they had this, it was in front of the Department of Control
[01:39:45.480 --> 01:39:47.480]  Of large banks
[01:39:47.480 --> 01:39:49.480]  In order for MERS to do that
[01:39:49.480 --> 01:39:52.480]  MERS would have to commit corporate suicide
[01:39:52.480 --> 01:39:54.480]  And MERS is not going to do that
[01:39:54.480 --> 01:39:57.480]  In order for MERS to fix their problems?
[01:39:57.480 --> 01:39:59.480]  That whole thing
[01:39:59.480 --> 01:40:01.480]  So let's move past that then
[01:40:01.480 --> 01:40:04.480]  They would need a flux capacitor
[01:40:04.480 --> 01:40:08.480]  So I'm not even going to approach that thing
[01:40:08.480 --> 01:40:12.480]  But there's both fees say original loan amount
[01:40:12.480 --> 01:40:14.480]  $352,000
[01:40:14.480 --> 01:40:16.480]  Both of them say that
[01:40:16.480 --> 01:40:20.480]  Well one of them is the home equity loan asset
[01:40:20.480 --> 01:40:22.480]  And the other one's the alternative loan trust
[01:40:22.480 --> 01:40:25.480]  Because it was an 80-20
[01:40:25.480 --> 01:40:28.480]  It was $352,000 and $88,000
[01:40:28.480 --> 01:40:30.480]  It added the $440,000 selling price
[01:40:30.480 --> 01:40:33.480]  So that's totally incorrect
[01:40:33.480 --> 01:40:35.480]  That they're both $352,000
[01:40:35.480 --> 01:40:39.480]  And this is the actual county records
[01:40:39.480 --> 01:40:41.480]  Now why wouldn't it say
[01:40:41.480 --> 01:40:43.480]  Original loan amount $88,000
[01:40:43.480 --> 01:40:45.480]  Which was the 20% of $440,000
[01:40:45.480 --> 01:40:47.480]  Which is what it was
[01:40:47.480 --> 01:40:49.480]  That's incorrect
[01:40:49.480 --> 01:40:51.480]  That's how off they are
[01:40:51.480 --> 01:40:53.480]  This gives you grounds
[01:40:53.480 --> 01:40:55.480]  To petition the court
[01:40:55.480 --> 01:40:58.480]  For a declaratory judgment
[01:40:58.480 --> 01:41:00.480]  And when you do that
[01:41:00.480 --> 01:41:03.480]  Make sure you discipline yourself
[01:41:03.480 --> 01:41:06.480]  And in the first filing
[01:41:06.480 --> 01:41:09.480]  The only thing you want the court to do
[01:41:09.480 --> 01:41:11.480]  Is look at this document
[01:41:11.480 --> 01:41:15.480]  Look at the four corners of the document
[01:41:15.480 --> 01:41:19.480]  And determine based on the four corners of the document
[01:41:19.480 --> 01:41:21.480]  That this particular document
[01:41:21.480 --> 01:41:24.480]  Is insufficient for filing
[01:41:24.480 --> 01:41:27.480]  Because it contains false entries
[01:41:27.480 --> 01:41:30.480]  You're not asking the court to rule
[01:41:30.480 --> 01:41:33.480]  That the bank does not have a claim
[01:41:33.480 --> 01:41:35.480]  You're only asking them to rule
[01:41:35.480 --> 01:41:37.480]  That this particular document
[01:41:37.480 --> 01:41:39.480]  Is insufficient for filing
[01:41:39.480 --> 01:41:43.480]  Based on the state filing requirements
[01:41:43.480 --> 01:41:45.480]  If you can get that
[01:41:45.480 --> 01:41:47.480]  And that makes it a lot easier
[01:41:47.480 --> 01:41:49.480]  For the judge to give you the ruling
[01:41:49.480 --> 01:41:51.480]  If you ask the judge to rule
[01:41:51.480 --> 01:41:53.480]  On the underlying claim
[01:41:53.480 --> 01:41:57.480]  Now it gets a whole lot more complex
[01:41:57.480 --> 01:41:59.480]  So don't go for quiet title
[01:41:59.480 --> 01:42:01.480]  Just go for declaratory judgment
[01:42:01.480 --> 01:42:03.480]  And tell them
[01:42:03.480 --> 01:42:05.480]  The court, they filed this bogus document
[01:42:05.480 --> 01:42:07.480]  They need to fix it
[01:42:07.480 --> 01:42:09.480]  To correct the record
[01:42:09.480 --> 01:42:11.480]  What you don't tell the judge
[01:42:11.480 --> 01:42:13.480]  Is in your back pocket
[01:42:13.480 --> 01:42:15.480]  You have a warranty deed
[01:42:15.480 --> 01:42:17.480]  Signed to somebody else
[01:42:17.480 --> 01:42:19.480]  And I'll explain that in a bit
[01:42:19.480 --> 01:42:21.480]  How to do that
[01:42:21.480 --> 01:42:23.480]  And as soon as he gives you this ruling
[01:42:23.480 --> 01:42:25.480]  That this particular document
[01:42:25.480 --> 01:42:27.480]  Is bogus, void
[01:42:27.480 --> 01:42:29.480]  And of no force and effect
[01:42:29.480 --> 01:42:31.480]  You drop your warranty deed in the record
[01:42:31.480 --> 01:42:33.480]  Gotcha bubba
[01:42:33.480 --> 01:42:35.480]  Now they can come back and
[01:42:35.480 --> 01:42:37.480]  File a corrected
[01:42:37.480 --> 01:42:39.480]  Lien
[01:42:39.480 --> 01:42:41.480]  Too late
[01:42:41.480 --> 01:42:43.480]  Your claim stands in front of it
[01:42:43.480 --> 01:42:45.480]  Why would you not do a
[01:42:45.480 --> 01:42:47.480]  Why would you do a warranty deed
[01:42:47.480 --> 01:42:49.480]  Instead of a deed without warranty
[01:42:49.480 --> 01:42:51.480]  Why would you do a deed without warranty
[01:42:51.480 --> 01:42:53.480]  A warranty deed
[01:42:53.480 --> 01:42:55.480]  Transfers the property
[01:42:55.480 --> 01:42:57.480]  To a third party
[01:42:57.480 --> 01:42:59.480]  And the bank
[01:42:59.480 --> 01:43:01.480]  Can't come and make a claim
[01:43:01.480 --> 01:43:03.480]  Against that third party
[01:43:03.480 --> 01:43:05.480]  Now
[01:43:05.480 --> 01:43:07.480]  The only claim they have
[01:43:07.480 --> 01:43:09.480]  Is against the individual
[01:43:09.480 --> 01:43:11.480]  So the warranty deed
[01:43:11.480 --> 01:43:13.480]  Blocks them completely
[01:43:13.480 --> 01:43:15.480]  If you put in a
[01:43:15.480 --> 01:43:17.480]  Another deed of trust
[01:43:17.480 --> 01:43:19.480]  Then they can
[01:43:19.480 --> 01:43:21.480]  Argue the loan itself
[01:43:21.480 --> 01:43:23.480]  But here you just put in a transfer
[01:43:23.480 --> 01:43:25.480]  Of the property
[01:43:25.480 --> 01:43:27.480]  The warranty deed is really clean
[01:43:27.480 --> 01:43:29.480]  When I argued the one
[01:43:29.480 --> 01:43:31.480]  In Frisco
[01:43:31.480 --> 01:43:33.480]  The other side said well your honor
[01:43:33.480 --> 01:43:35.480]  Mr. Kelton doesn't have anything invested
[01:43:35.480 --> 01:43:37.480]  In this property
[01:43:37.480 --> 01:43:39.480]  What are you talking about judge?
[01:43:39.480 --> 01:43:41.480]  Look at the warranty deed I got ten bucks
[01:43:43.480 --> 01:43:45.480]  That's all that's required
[01:43:45.480 --> 01:43:47.480]  Hey guys this is Randy Kelton
[01:43:47.480 --> 01:43:49.480]  Deborah Stevens with our
[01:43:49.480 --> 01:43:51.480]  Special guest in Skidmore
[01:43:51.480 --> 01:43:55.480]  I call in number 512-646-1984
[01:43:55.480 --> 01:44:19.480]  Give us a call we'll be right back
[01:44:25.480 --> 01:44:27.480]  There's no way a place like that exists
[01:44:27.480 --> 01:44:29.480]  Go check it out for yourself
[01:44:29.480 --> 01:44:31.480]  It's downtown at 1904 Guadalupe
[01:44:31.480 --> 01:44:33.480]  Street just south of UT
[01:44:33.480 --> 01:44:35.480]  By UT there's never
[01:44:35.480 --> 01:44:37.480]  Anywhere to park down there
[01:44:37.480 --> 01:44:39.480]  Actually they now offer a free hour
[01:44:39.480 --> 01:44:41.480]  Of parking for paying customers at the
[01:44:41.480 --> 01:44:43.480]  500 MLK parking facility
[01:44:43.480 --> 01:44:45.480]  Just behind the bookstore
[01:44:45.480 --> 01:44:47.480]  It does exist
[01:44:47.480 --> 01:44:49.480]  But when are they open?
[01:44:49.480 --> 01:44:51.480]  Monday through Saturday
[01:44:51.480 --> 01:44:53.480]  11am-9pm and 1-6pm on Sundays
[01:44:53.480 --> 01:44:57.480]  So give them a call at 512-480-2503
[01:44:57.480 --> 01:44:59.480]  Or check out their events page at
[01:44:59.480 --> 01:45:25.480]  www.stor.com
[01:45:29.480 --> 01:45:53.480]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, pro se tactics, and much more
[01:45:53.480 --> 01:46:03.480]  Please visit RuleOfLawRadio.com and click on the banner or call toll free 866-LAW-EASY
[01:46:23.480 --> 01:46:35.480]  We are back with Randy Kelton and Debra Stevens
[01:46:35.480 --> 01:46:39.480]  We're talking to Mark in Nevada
[01:46:39.480 --> 01:46:43.480]  OK, we do need to move along
[01:46:43.480 --> 01:46:45.480]  We're kind of building up colors
[01:46:45.480 --> 01:46:55.480]  Yeah, I appreciate it Mr. Kelton and you know that gives me a great step to do that so I should go to this court right here you said in Las Vegas
[01:46:55.480 --> 01:47:01.480]  What is it, the county court or whatever and you said
[01:47:01.480 --> 01:47:03.480]  Campbell County, Clark County
[01:47:03.480 --> 01:47:05.480]  Yes sir, that's what it is
[01:47:05.480 --> 01:47:09.480]  I was only thrown out of there once
[01:47:09.480 --> 01:47:15.480]  Well that's pretty good then, you must not come to Vegas enough, you gotta come back man
[01:47:15.480 --> 01:47:19.480]  I asked the bailiff to drag the judge down off the bench
[01:47:19.480 --> 01:47:27.480]  Well you guys should have took it outside like the old western movies, you know what I mean
[01:47:27.480 --> 01:47:31.480]  Well Randy's been so good at making friends for a long time
[01:47:31.480 --> 01:47:39.480]  When I went to Vietnam, the first package I got was from a woman that I had worked for
[01:47:39.480 --> 01:47:47.480]  And she sent me the book How to Win Friends and Influence People and it went downhill from there
[01:47:47.480 --> 01:47:51.480]  Why didn't you ever read it?
[01:47:51.480 --> 01:48:05.480]  So one more time, when I go down to Clark County Court, what is the foul now on this form, it's the wrong number, it should say 88,000, it says 352,000
[01:48:05.480 --> 01:48:13.480]  So I guess technically I could take one of them and I would still roll over 200,000 more than I should on either, I mean it's ludicrous
[01:48:13.480 --> 01:48:19.480]  Okay, the only way you're ever going to get the bank's attention is to sue them
[01:48:19.480 --> 01:48:20.480]  Right
[01:48:20.480 --> 01:48:26.480]  Have you looked at the Remedies in Real Estate website?
[01:48:26.480 --> 01:48:29.480]  I'm going to look at it, I wrote that down
[01:48:29.480 --> 01:48:36.480]  Okay, go to remediesinrealestate.com and then click on the Free Forensic Analysis
[01:48:36.480 --> 01:48:37.480]  Right
[01:48:37.480 --> 01:48:46.480]  And that page, it'll give you the process you need to go through to get them set up
[01:48:46.480 --> 01:48:56.480]  And it has forms for all the letters you need to send and that'll get them in a position where you can start your action against them
[01:48:56.480 --> 01:49:06.480]  There's just a number of things you need to do and collecting all of the records and carefully examining the records is one of the first things you need to do
[01:49:06.480 --> 01:49:09.480]  So you know exactly what your position is
[01:49:09.480 --> 01:49:20.480]  Yeah, no doubt. Oh, by the way guys, the trust that ends the first on this number, right, it's the seawall 206-2CB
[01:49:20.480 --> 01:49:35.480]  It's included in a country-wide RMBF settlement, that $8.5 billion settlement that was filed, you guys heard about that one, right?
[01:49:35.480 --> 01:49:37.480]  Did you claim your part?
[01:49:37.480 --> 01:49:44.480]  I didn't get anything, this was for the investors, right? And they were upset because it wasn't enough money for them, you know what I mean?
[01:49:44.480 --> 01:49:54.480]  And what I'm saying is there's only 120 trusts or so that are in this exhibit, or maybe more like 300
[01:49:54.480 --> 01:50:02.480]  What that will tend to give you is a claim of unclean hands
[01:50:02.480 --> 01:50:04.480]  I like it
[01:50:04.480 --> 01:50:08.480]  Look up the unclean hands doctrine
[01:50:08.480 --> 01:50:11.480]  It's actually clean hands doctrine?
[01:50:11.480 --> 01:50:21.480]  Yeah, it's kind of like when you come out of the restroom, when you didn't wash your hands, you know, it's like from there on, don't pass me any food, right?
[01:50:21.480 --> 01:50:24.480]  It actually means that you have no blood on your hands
[01:50:24.480 --> 01:50:31.480]  What it goes to is no person shall be allowed to profit from his own misdeeds
[01:50:31.480 --> 01:50:37.480]  And I think where unclean hands comes from is Abraham Lincoln
[01:50:37.480 --> 01:50:45.480]  He was in a trial representing someone and in the course of the trial, he found out his client had lied to him
[01:50:45.480 --> 01:50:51.480]  And the story goes that he got up and walked out of the courtroom, didn't come back
[01:50:51.480 --> 01:51:06.480]  So the judge sent an orderly to find him and the orderly came back and he said, Mr. Lincoln said that he found his hands were dirty and he's gone to wash them
[01:51:06.480 --> 01:51:26.480]  What they're saying is if you can show that these guys are dirty rotten scoundrels, you can state that they can't now come to the court and ask for remedy when they are scoundrels themselves
[01:51:26.480 --> 01:51:46.480]  I like it, that makes a lot of sense, you know, I mean if there's trust, right, which is very specifically here, right, it's Alternative Loan Trust 2006-2CB mortgage pass-through certificates, right, to the Bank of New York Mellon, right, from
[01:51:46.480 --> 01:51:48.480]  Well, you tell us if it's right
[01:51:48.480 --> 01:52:00.480]  Okay, my problem, my concern with that is, is the whole issue of the securities trading, MERS, bifurcation
[01:52:00.480 --> 01:52:10.480]  I think these are red herrings that the banks themselves has encouraged us to pursue
[01:52:10.480 --> 01:52:12.480]  Yeah, because they don't go nowhere
[01:52:12.480 --> 01:52:22.480]  Exactly, they want to keep us away from the contracts that they signed, the places where we can really hammer them and they can't fight back
[01:52:22.480 --> 01:52:49.480]  Right, but what you brilliant gentlemen just brought up was there's already been an 8.5, that's 8,500, 8,500 million dollar settlement that the investor said wasn't enough and of those 300 trusts, the one that I am part of, the one that owns my house is in there, so we know that it was wrong, you know, I mean that's it
[01:52:49.480 --> 01:53:15.480]  You may be able to make, you make a breach of contract claim based on them failure to give proper notice of the transfer, what may well have happened, this is something I've talked about a couple of times, is Bank of America, Wells Fargo, HSBC is now under investigation
[01:53:15.480 --> 01:53:37.480]  for the same thing that got Washington Mutual put out of business, this is what was happening, Washington Mutual, one of the largest banks in the country, would stand as the lender and they would transfer the note to a special purpose vehicle
[01:53:37.480 --> 01:53:56.480]  When you went to Washington Mutual, you were given information that gave you reason to believe that Washington Mutual acted as the lender and secured the warranty deed and then traded the warranty deed to you for a deed of trust
[01:53:56.480 --> 01:54:16.480]  And the implication was that Washington Mutual used its Federal Reserve account, its fractional reserve account, and when you signed the note, you know we heard, you may have heard a lot of this stuff about your signature created the money, that's true it did
[01:54:16.480 --> 01:54:29.480]  When you signed the note, they took the note to the Federal Reserve Bank and the Federal Reserve Bank saw the claim and issued the funds to cover that cost
[01:54:29.480 --> 01:54:48.480]  And then the implication was, is when the payments were paid back, the Federal Reserve would get their portion paid back into the Federal Reserve, so they created the money out of thin air, and when it was paid back, it went back to thin air, the same thin air it came from
[01:54:48.480 --> 01:55:04.480]  That was the implication, but that was not what was happening. Washington Mutual Bank was not fronting the money from their Federal Reserve account, they were getting the money from a special purpose vehicle
[01:55:04.480 --> 01:55:24.480]  And the special purpose vehicle were getting their money from the Mexican and Colombian drug cartels. It wasn't the biggest Ponzi scheme in the history of the planet, it was the biggest money laundering scheme in the history of the planet
[01:55:24.480 --> 01:55:37.480]  Now, would you be willing to borrow money from the Mexican or Colombian drug cartels?
[01:55:37.480 --> 01:55:57.480]  No, not me, I mean I would rather Okay, so if you had knowledge that the source of funds was not Washington Mutual, but Washington Mutual was merely lending its license to the Mexican drug cartels, would you enter into a contract?
[01:55:57.480 --> 01:56:00.480]  Not at all
[01:56:00.480 --> 01:56:22.480]  That's fraud by non-disclosure. Now, we have Bank of America coming to the table, they're under investigation for this same thing now, they've already stipulated to the Office of the Comptroller of the Currency to improper loan procedures
[01:56:22.480 --> 01:56:35.480]  They've been sued under qui tam action several times, they come to the table with unclean hands and they're subject to collateral estoppel from claiming good faith
[01:56:35.480 --> 01:56:56.480]  So one of the things you want to insist on is that the Bank of America conclusively prove every statement that they make because their statements cannot be taken on their face because they come to the court with unclean hands
[01:56:56.480 --> 01:57:00.480]  That's my story and I'm sticking to it
[01:57:00.480 --> 01:57:12.480]  Yeah, well I like it, we've got two things with unclean hands. Alright guys, I'm spinning with knowledge, I'm spinning with tracks, I'm going to have to just like zone in until the next show
[01:57:12.480 --> 01:57:23.480]  Okay, thank you for calling Mark, and now we're going to go to Dan from Connecticut. Dan, have you been starting trouble again?
[01:57:23.480 --> 01:57:30.480]  Oh, huge trouble, like way, way, way big trouble
[01:57:30.480 --> 01:57:34.480]  I had this bad feeling, what have you been up to?
[01:57:34.480 --> 01:57:47.480]  I have declared war, okay, unholy relentless war against two of the biggest robo-signing firms in the People's Republic of Connecticut
[01:57:47.480 --> 01:57:49.480]  Oh, this ought to be fun
[01:57:49.480 --> 01:58:06.480]  Yes, I have an attorney that I'm working with and what we did is we created a crash course for the unwitting, unknowing, unknowledgeable person who has just discovered that their home is from foreclosure
[01:58:06.480 --> 01:58:11.480]  It's only 137 pages, it's very basic
[01:58:11.480 --> 01:58:12.480]  Only?
[01:58:12.480 --> 01:58:13.480]  Only
[01:58:13.480 --> 01:58:14.480]  That's only
[01:58:14.480 --> 01:58:21.480]  Okay, hang on Dan, we're about to go to break, we're going to our top of the hour break
[01:58:21.480 --> 01:58:30.480]  This is Randy Kelton and Debra Stevens with our special guest Steve Skidmore and we're talking to Dan the troublemaker from Connecticut
[01:58:30.480 --> 01:58:40.480]  Give us a call, our call in number is 512-646-1984, we'll be on for two more hours so we should have plenty of time
[01:58:40.480 --> 01:58:50.480]  Melissa, Doug, I see you there, we'll pick you up on the other side, we'll be right back
[01:59:10.480 --> 01:59:18.480]  This new translation is extremely faithful and accurate, but the real story is the more than 9000 explanatory footnotes
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[01:59:28.480 --> 01:59:44.480]  Bibles for America would like to give you a free recovery version simply for the asking, this comprehensive yet compact study Bible is yours just by calling us toll free at 1-888-551-0102
[01:59:44.480 --> 01:59:59.480]  You are listening to the Logos Radio Network, LogosRadioNetwork.com