ROL_2013-07-05_16k_Hr3-4.timecode

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[00:00.000 --> 00:09.120]  You're listening to the Liberty Beat, your daily source for Liberty news and activist
[00:09.120 --> 00:10.120]  updates.
[00:10.120 --> 00:15.120]  Online at TheLibertyBeat.com.
[00:15.120 --> 00:18.880]  John Bush here with your Liberty Beat for July 5th, 2013.
[00:18.880 --> 00:26.440]  Gold opened today at $1,250, silver at $19.54, and bitcoin is trading at $75.
[00:26.440 --> 00:30.680]  For the Liberty Beat comes from Cabo Bob's, the first high fructose corn syrup free quick
[00:30.680 --> 00:36.120]  serve restaurant in the country, serving Baja California style burritos and non-GMO corn
[00:36.120 --> 00:44.720]  tortillas and chips, in Austin at 500 East Ben White Boulevard, or by phone at 512-432-1111.
[00:44.720 --> 00:46.400]  And now the news.
[00:46.400 --> 00:50.760]  Riots have sprung up in China for reasons that are not completely known at this time.
[00:50.760 --> 00:54.720]  Sources online are indicating that this is a popular uprising, while some media outlets
[00:54.720 --> 00:58.280]  are reporting that Muslim extremists are responsible.
[00:58.280 --> 01:03.240]  Reports from Beijing describe around 70,000 anti-terrorism police that have set up 24
[01:03.240 --> 01:07.080]  hour patrols in the regional capital of Yurumqi.
[01:07.080 --> 01:12.360]  Every region in Inajan has an armed police detachment, with as many as four in Yurumqi.
[01:12.360 --> 01:17.080]  The People's Liberation Army reportedly has more than 10,000 troops in the region as well.
[01:17.080 --> 01:21.160]  The Chinese media has accused the United States media of spreading misinformation about the
[01:21.160 --> 01:26.000]  riots and insists that the incident is strictly an act of terrorism by extremists and not
[01:26.000 --> 01:32.680]  supported by the people.
[01:32.680 --> 01:37.400]  Eurofin's Analytical Laboratory in Louisiana analyzed Coke and Pepsi products purchased
[01:37.400 --> 01:43.840]  from 10 states and found high levels of the cancer-causing chemical 4-methylamidozol.
[01:43.840 --> 01:47.680]  Coca-Cola and PepsiCo had promised to change their products' ingredients in response to
[01:47.680 --> 01:52.480]  a California law that requires labeling of products with known carcinogens as ingredients.
[01:52.480 --> 01:56.800]  The new tests, however, found Coke products and Pepsi products that have high carcinogen
[01:56.800 --> 02:01.280]  levels ranging from four to eight times higher than allowed in the California law.
[02:01.280 --> 02:04.680]  The Center for Environmental Health commissioned the study and will test the Pepsi products
[02:04.680 --> 02:11.200]  again in the spring.
[02:11.200 --> 02:16.960]  Thursday the Daily Le Monde reported that France's external intelligence agency, DGSE,
[02:16.960 --> 02:21.880]  is spying on the French public's phone calls, emails and social media activity in France
[02:21.880 --> 02:23.360]  and around the world.
[02:23.360 --> 02:28.040]  The Le Monde stated that the agency is intercepting signals from computers and telephones in France
[02:28.040 --> 02:32.240]  and between other countries to create a map of, quote, who is talking to whom.
[02:32.240 --> 02:36.280]  France's seven other intelligence agencies have reported to have access to the data in
[02:36.280 --> 02:39.480]  order to track people whose communication seems suspicious.
[02:39.480 --> 02:43.720]  The report was based upon anonymous intelligence sources and remarks by intelligence officials.
[02:43.720 --> 02:48.280]  The claims are similar to the activities in America by the NSA and the British government
[02:48.280 --> 02:53.600]  that were recently exposed by former NSA contractor Edward Snowden.
[02:53.600 --> 02:57.040]  Support for the Liberty Beat comes from Beeler Education, providing admissions advice and
[02:57.040 --> 03:25.040]  homeschooling consulting for your family's educational needs.
[03:25.040 --> 03:44.040]  For more information on the Le Monde website, visit www.dgse.gov.au
[03:55.040 --> 04:16.840]  Okay, we are back, Randy Kelton, James Stevens, Rue La Radio, and phone lines are open, 512-646-1984.
[04:16.840 --> 04:20.200]  We're going to start by going to Johnny in Texas.
[04:20.200 --> 04:24.160]  Hello, Johnny, what do you have for us tonight?
[04:24.160 --> 04:33.000]  Hey, guys, I have a couple of questions for you and or Steve and or your guests related
[04:33.000 --> 04:36.800]  to FHA deeds.
[04:36.800 --> 04:43.120]  I've seen some court cases where people have gone into court and they have argued correctly
[04:43.120 --> 04:54.280]  that in an FHA deed, there is no authorization and no power created to to sell the note for
[04:54.280 --> 05:01.320]  the deed, you know, but what in all of those cases, what the attorneys have come back and
[05:01.320 --> 05:07.560]  argued is there's also nothing prohibiting it, which is true, at least on the face of
[05:07.560 --> 05:09.400]  the deed itself.
[05:09.400 --> 05:14.760]  And I haven't really seen any good responses to that, so what I'm trying to find is some
[05:14.760 --> 05:23.760]  statutes or some case law or something that I can use to show that if there is no power
[05:23.760 --> 05:29.640]  in the deed created to actually sell the note and or the deed, then it is prohibited.
[05:29.640 --> 05:35.160]  Do any of you guys know of any such statutes or case law?
[05:35.160 --> 05:40.840]  No, I mean, I can't think of that.
[05:40.840 --> 05:41.840]  I mean.
[05:41.840 --> 05:47.880]  Well, OK, the argument that I have made with this and I haven't found any case law directly
[05:47.880 --> 05:57.200]  on it is that in the standard uniform documents, the uniform, the Fannie Mae Freddie Mae uniform
[05:57.200 --> 06:06.320]  instruments, all of those contain an authorization to sell.
[06:06.320 --> 06:14.200]  If it is an FHA loan, the document is essentially the same, except the authorization is removed.
[06:14.200 --> 06:21.760]  And that would give a reasonable person cause to believe that if they did not authorize
[06:21.760 --> 06:28.080]  the sale, then the sale would be ultra virus.
[06:28.080 --> 06:31.840]  But I haven't seen any case law one way or the other.
[06:31.840 --> 06:37.160]  OK, you don't need I'm sorry, this is Joe.
[06:37.160 --> 06:41.800]  They don't need to have your authorization to sell, OK?
[06:41.800 --> 06:43.920]  They don't need to contract with you.
[06:43.920 --> 06:44.920]  All right.
[06:44.920 --> 06:50.260]  You need to understand when you read, if you're in Texas and you read Covenant 20, the note
[06:50.260 --> 06:55.320]  or a partial interest of the note may be sold together one or more times.
[06:55.320 --> 07:02.000]  They were telling you what they intended to do as far as you specifically having a contract
[07:02.000 --> 07:03.000]  with them.
[07:03.000 --> 07:04.000]  That's irrelevant.
[07:04.000 --> 07:07.840]  They don't need to ask your permission, all right?
[07:07.840 --> 07:12.160]  Your tangible promissory note is a negotiable instrument.
[07:12.160 --> 07:16.480]  Well, what we're talking about is FHA and FHA doesn't have that.
[07:16.480 --> 07:17.480]  No, they don't.
[07:17.480 --> 07:25.360]  So if I entered into a contract with a individual and they sold the contract to somebody else,
[07:25.360 --> 07:28.200]  I didn't enter into a contract with that other person.
[07:28.200 --> 07:29.200]  Right.
[07:29.200 --> 07:34.320]  But usually if you're FHA, all right, you're in a Gini-May, all right?
[07:34.320 --> 07:39.000]  95% of the FHA and VA are with Gini-May.
[07:39.000 --> 07:42.640]  So they keep their own paper.
[07:42.640 --> 07:43.720]  It stays with Gini-May.
[07:43.720 --> 07:49.720]  What you have to do is you need to go to the Gini-May requirements, all right, as to what
[07:49.720 --> 07:54.640]  was required between the lender and Gini-May.
[07:54.640 --> 07:55.640]  That's where you need to go.
[07:55.640 --> 07:59.560]  What you need to do is similar to Fannie Mae and Freddie Mac.
[07:59.560 --> 08:02.900]  What were their requirements, all right?
[08:02.900 --> 08:09.100]  So in the selling guide for Fannie Mae or in the selling guide for Gini-May, that's what
[08:09.100 --> 08:12.000]  you need to go to, all right?
[08:12.000 --> 08:19.800]  Because Gini-May takes the intangible payment obligation, all right?
[08:19.800 --> 08:23.240]  And it goes into a Gini-May trust.
[08:23.240 --> 08:27.240]  But now what you have to understand is that endorsement, negotiation, and transfer of
[08:27.240 --> 08:30.880]  the tangible promissory note never happens.
[08:30.880 --> 08:36.200]  There's incomplete stamping on that tangible promissory note that says, pay to the order
[08:36.200 --> 08:37.200]  of.
[08:37.200 --> 08:41.560]  However, there is no name payee on that payee line.
[08:41.560 --> 08:46.960]  And Gini-May is not named of being of record on the deed of trust.
[08:46.960 --> 08:57.240]  Well, if I have a contract with, say, a different company, how can that company obligate me
[08:57.240 --> 09:01.960]  to deal with a separate company that I didn't agree to deal with?
[09:01.960 --> 09:06.680]  Again, Gini-May, Fannie Mae, whoever.
[09:06.680 --> 09:08.480]  I didn't agree to deal with those people.
[09:08.480 --> 09:12.680]  I only agreed to deal with the lender.
[09:12.680 --> 09:13.880]  I can vet out the lender.
[09:13.880 --> 09:17.880]  I can vet out these other people.
[09:17.880 --> 09:23.280]  Like with Washington Mutual, if I got a loan with Washington Mutual, I thought I was getting
[09:23.280 --> 09:24.840]  a loan from a licensed lender.
[09:24.840 --> 09:29.840]  It turns out I was getting a loan that Washington Mutual can produce the money.
[09:29.840 --> 09:33.680]  Some special purpose vehicle produced the money through some drug cartel.
[09:33.680 --> 09:36.040]  That's why the CEA shut them down.
[09:36.040 --> 09:41.040]  Had I known I was dealing with a drug cartel and part of the big, largest money laundering
[09:41.040 --> 09:45.720]  scheme on the planet, I would have never entered into that loan.
[09:45.720 --> 09:52.020]  If I'd have known that this lender was going to transfer my note to some mega corporation
[09:52.020 --> 09:56.800]  that I can't find out anything about, I would have made a different decision than the one
[09:56.800 --> 09:57.800]  I actually made.
[09:57.800 --> 10:02.320]  And that would tend to go to for better disclosure.
[10:02.320 --> 10:03.320]  And I agree.
[10:03.320 --> 10:04.320]  Okay.
[10:04.320 --> 10:09.360]  Let's just say, all right, fine, I concur that an obligation has been made, all right?
[10:09.360 --> 10:14.080]  There is an obligation to someone somewhere, all right?
[10:14.080 --> 10:23.400]  The main question one needs to ask is, is the party coming forth the proper party to
[10:23.400 --> 10:25.800]  collect, yes or no?
[10:25.800 --> 10:26.800]  Or to receive.
[10:26.800 --> 10:29.720]  Or to receive, or to enforce.
[10:29.720 --> 10:34.120]  Again, we all go back to rights.
[10:34.120 --> 10:37.400]  Does this party have standing?
[10:37.400 --> 10:39.200]  No.
[10:39.200 --> 10:43.840]  So again, be careful how you're going to attack it.
[10:43.840 --> 10:48.960]  For me, I would just say, party coming forth with this action does not have standing, and
[10:48.960 --> 10:50.440]  this is why.
[10:50.440 --> 10:54.000]  Again, if it's with Ginny May, right?
[10:54.000 --> 10:59.680]  Ginny May produces a copy of your note as it exists today, and it will state, pay to
[10:59.680 --> 11:01.800]  the order of.
[11:01.800 --> 11:09.800]  And then there is an unfinished, an unnamed payee on that line.
[11:09.800 --> 11:15.160]  And your lender is listed into public record initially.
[11:15.160 --> 11:16.160]  And that was the encumbrance.
[11:16.160 --> 11:23.740]  However, when they sold the intangible payment obligation, all right, shortly after signing,
[11:23.740 --> 11:26.680]  there was not an assignment made until you went into default.
[11:26.680 --> 11:33.800]  When you went into default, there was an assignment of deed of trust made out to the servicer,
[11:33.800 --> 11:36.360]  whomever the servicer is.
[11:36.360 --> 11:42.320]  And now the servicer claims agency relationship, but there is no agency relationship.
[11:42.320 --> 11:48.920]  If there was an assignment after default, whoever got the assignment cannot complain
[11:48.920 --> 11:51.360]  about the default.
[11:51.360 --> 11:52.360]  They can't claim.
[11:52.360 --> 11:53.360]  Right.
[11:53.360 --> 11:54.360]  Correct.
[11:54.360 --> 11:59.840]  It's under standard, and now they have to come back as simply a debt collector.
[11:59.840 --> 12:00.840]  Right.
[12:00.840 --> 12:08.120]  Because again, the assignments are not made until after default, all right?
[12:08.120 --> 12:11.600]  And again, what was assigned?
[12:11.600 --> 12:13.400]  There was an assignment of deed of trust.
[12:13.400 --> 12:14.400]  No.
[12:14.400 --> 12:20.640]  The document that purports to be an assignment of deed of trust assigned nothing, as there
[12:20.640 --> 12:28.320]  were no conditions over to attach it to the debt which had been sold.
[12:28.320 --> 12:30.680]  This is where you need to get to the nitty gritty.
[12:30.680 --> 12:32.160]  All right.
[12:32.160 --> 12:38.360]  Ginny Mae claims to own an interest of your loan.
[12:38.360 --> 12:39.360]  Right.
[12:39.360 --> 12:49.640]  Bank of America, Green Tree Service, and whomever the party was assigned your deed of trust
[12:49.640 --> 12:53.840]  was claiming that they had this assignment of deed of trust.
[12:53.840 --> 12:54.840]  Well, fine.
[12:54.840 --> 12:58.960]  Go back to what was the purpose of the assignment of deed of trust?
[12:58.960 --> 13:02.240]  To memorialize the sale of the tangible promissory note.
[13:02.240 --> 13:09.040]  All right, well, let's take a look at that certified copy of the tangible promissory
[13:09.040 --> 13:11.240]  note as it exists today.
[13:11.240 --> 13:18.560]  Is there an endorsement that matches the assignment, yes or no, to the servicer?
[13:18.560 --> 13:30.120]  Because a servicer cannot act as owner, again, they're word crafting, so we need to look
[13:30.120 --> 13:31.480]  hard and deep at it.
[13:31.480 --> 13:37.200]  What are we looking at?
[13:37.200 --> 13:41.160]  Let me clarify a couple of things about my situation.
[13:41.160 --> 13:48.960]  I've gone and pulled a Texas FHA deed of trust with Merck, their uniform instruments, from
[13:48.960 --> 13:57.120]  the Fannie Mae Freddie Mac website, and my deed that I signed has been changed quite
[13:57.120 --> 14:01.920]  a bit from that, and there is nothing in there about, you know, you guys were talking earlier
[14:01.920 --> 14:06.960]  about Covenant 20 that authorizes them to sell a partial interest.
[14:06.960 --> 14:08.840]  Mine doesn't have anything like that.
[14:08.840 --> 14:17.000]  Now, in my case, there have been two assignments of note and deed of trust from Merck's to
[14:17.000 --> 14:20.520]  Wells Fargo that appear in the county records.
[14:20.520 --> 14:21.520]  And on-
[14:21.520 --> 14:22.680]  Wait, hold on, Johnny.
[14:22.680 --> 14:35.000]  You said that the Fannie Mae Freddie Mac uniform instrument for Texas FHA loan with Merck's
[14:35.000 --> 14:40.080]  did not match the document that you actually signed?
[14:40.080 --> 14:41.080]  Correct.
[14:41.080 --> 14:47.360]  Did it have a footer that said uniform Fannie Mae Freddie Mac, or Fannie Mae Freddie Mac
[14:47.360 --> 14:52.360]  uniform instrument, and a number?
[14:52.360 --> 14:53.360]  It does not.
[14:53.360 --> 15:06.320]  It has a footer on the very first page that it's called a uniform instrument, but on the
[15:06.320 --> 15:14.920]  very first page, it says FHA Texas Deed of Trust with Merck's, but it says BMP Mortgage
[15:14.920 --> 15:19.240]  Solutions, Inc., and it has their number for that document.
[15:19.240 --> 15:23.920]  Okay, so it's not purported to be the standard uniform instrument.
[15:23.920 --> 15:25.640]  Okay, that was what I said.
[15:25.640 --> 15:33.680]  This is one of the arguments we make is that very often the document will be labeled Fannie
[15:33.680 --> 15:38.320]  Mae Freddie Mac uniform instrument number so-and-so, but when you pull up the Fannie
[15:38.320 --> 15:44.680]  Mae Freddie Mac uniform instrument, the one that they actually signed has substantive
[15:44.680 --> 15:46.400]  changes to it.
[15:46.400 --> 15:47.400]  Yep.
[15:47.400 --> 15:48.400]  That's correct.
[15:48.400 --> 15:53.480]  Inclusion of Merck's, for instance, if it doesn't say with Merck's.
[15:53.480 --> 15:59.880]  Yeah, well, and your guest was just talking about things that get into what you always
[15:59.880 --> 16:05.200]  talk about, Randy, which is agency standing and capacity, and in the county record related
[16:05.200 --> 16:08.800]  to my mortgage, there are two assignments of note and deed of trust, and they're both
[16:08.800 --> 16:10.360]  from Merck's to Wells Fargo.
[16:10.360 --> 16:17.320]  Those are the only two that appear in the county record, and on both of them, Merck's
[16:17.320 --> 16:23.360]  claims to be the holder of the note and deed of trust, Merck's claims to be both the beneficiary
[16:23.360 --> 16:27.040]  and the nominee, which they're claiming to be both the principal and an agent for the
[16:27.040 --> 16:28.040]  principal.
[16:28.040 --> 16:37.040]  Okay, we have a case dead on that of South Texas near Houston on exactly that issue where
[16:37.040 --> 16:41.720]  once Merck's made a transfer, then Merck's couldn't make the second one.
[16:41.720 --> 16:46.120]  We have another one out of Boyd, Texas, the little town I'm from, on exactly the same
[16:46.120 --> 16:47.120]  subject.
[16:47.120 --> 16:48.120]  Hang on, we're about to go to break.
[16:48.120 --> 16:55.280]  This is Randy Kelton, Deb Stephens, Rule of Law Radio, or call it number 512-646-1984.
[16:55.280 --> 17:22.360]  Randy Boyd is lighting up, so if you want to get called in, call him.
[17:22.360 --> 17:34.800]  I think I love you, but I want to know for sure, so come on and neutrify me.
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[17:52.400 --> 18:00.320]  Go to Logos Radio Network.com and click the Ungevity banner.
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[18:49.600 --> 18:58.720]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt
[18:58.720 --> 18:59.720]  collectors now.
[18:59.720 --> 19:12.720]  You are listening to the Logos Radio Network, the Logos Radio Network.com.
[19:12.720 --> 19:31.920]  Okay.
[19:31.920 --> 19:32.920]  We are back.
[19:32.920 --> 19:38.160]  We're in DeKalb and Dave Stevens, Rule of Law Radio, and we're here with our special
[19:38.160 --> 19:43.360]  guest, Joe Escobel, and Joe is going to comment to Johnny in Texas.
[19:43.360 --> 19:45.360]  Go ahead, Joe.
[19:45.360 --> 19:46.360]  Okay.
[19:46.360 --> 19:48.760]  Johnny, I understand what you're saying on the documents.
[19:48.760 --> 19:57.480]  Again, they do not match entirely, but look past the document, all right?
[19:57.480 --> 20:07.640]  Since your loan is an FHA loan, all right, the odds are very good, about 95%, that an
[20:07.640 --> 20:11.760]  interest of your loan was sold to Ginnie Mae.
[20:11.760 --> 20:19.000]  And when that interest, which is the intangible obligation, was sold to Ginnie Mae, Ginnie
[20:19.000 --> 20:26.120]  Mae then recreated the intangible obligation and sold that to one of its trusts for the
[20:26.120 --> 20:29.000]  certificate holders.
[20:29.000 --> 20:32.280]  So that's how I would attack it, all right?
[20:32.280 --> 20:36.960]  Is Ginnie Mae in public record, yes or no?
[20:36.960 --> 20:45.600]  Is Ginnie Mae a party or a name payee on the tangible promissory note?
[20:45.600 --> 20:53.200]  This is one of the things that we can do is that I can get into any of the GSEs, Freddie
[20:53.200 --> 21:01.000]  Mae, Freddie Mac, Fannie Mae, or Ginnie Mae, and I can find the exact trust in which that
[21:01.000 --> 21:02.680]  loan is situated in.
[21:02.680 --> 21:15.360]  And no, John Doe and John Q. Public do not have access to where I go.
[21:15.360 --> 21:19.760]  But again, I would just attack it a little differently.
[21:19.760 --> 21:25.840]  Did negotiation transfer and delivery of the tangible promissory note take place?
[21:25.840 --> 21:29.800]  What was required by law?
[21:29.800 --> 21:32.680]  That's what a chain of title analysis will tell you.
[21:32.680 --> 21:37.760]  It will compare the endorsements to the assignments.
[21:37.760 --> 21:44.120]  And then by using public record and court record and any other documentation, it will
[21:44.120 --> 21:48.920]  give you a better understanding as to what to take place, what did take place, and what
[21:48.920 --> 21:49.920]  did not take place.
[21:49.920 --> 21:50.920]  I hope that helps you.
[21:50.920 --> 21:51.920]  Chain of title.
[21:51.920 --> 21:52.920]  Chain of title.
[21:52.920 --> 22:01.720]  I've had a chain of title investigation done and I've also had a securization audit done.
[22:01.720 --> 22:12.360]  And part of that was a Bloomberg and ABS report where they said they could not find the mortgage
[22:12.360 --> 22:13.680]  in question in any...
[22:13.680 --> 22:14.680]  I can.
[22:14.680 --> 22:15.680]  Okay.
[22:15.680 --> 22:16.680]  All right.
[22:16.680 --> 22:17.680]  I can.
[22:17.680 --> 22:18.680]  Okay.
[22:18.680 --> 22:19.680]  Okay.
[22:19.680 --> 22:28.400]  I'm not an ordinary person, all right?
[22:28.400 --> 22:35.000]  The chain of title analysis that I do goes much more in depth, which Steve Skidmore can
[22:35.000 --> 22:36.920]  relate to and Randy Kelton.
[22:36.920 --> 22:37.920]  Absolutely.
[22:37.920 --> 22:41.200]  I mean, I get down in Derby.
[22:41.200 --> 22:49.240]  My products that were created, that I created, all right, are not cursory information.
[22:49.240 --> 22:55.200]  So yes, I do understand the Bloomberg Level 3 that most people get and that was based
[22:55.200 --> 22:59.320]  on documentation that Joe Esquivel produced.
[22:59.320 --> 23:04.520]  So I have a better understanding even though I haven't seen the document as to what you
[23:04.520 --> 23:05.720]  had done.
[23:05.720 --> 23:10.320]  And if you don't mind, Joe, I've got to give you credit where credit is due.
[23:10.320 --> 23:15.440]  A lot of people have heard about Bloomberg loan find.
[23:15.440 --> 23:17.580]  I've got the man who set that up.
[23:17.580 --> 23:21.800]  This was his, Joe Esquivel's brainchild.
[23:21.800 --> 23:27.480]  Joe Esquivel is personally responsible for the formation of Bloomberg.
[23:27.480 --> 23:28.480]  The loan find.
[23:28.480 --> 23:29.480]  For loan?
[23:29.480 --> 23:30.480]  The application, yeah.
[23:30.480 --> 23:34.840]  That might give you some insight as to this man's knowledge.
[23:34.840 --> 23:37.520]  It certainly does.
[23:37.520 --> 23:41.040]  And Joe, I'll probably give it to you soon.
[23:41.040 --> 23:48.360]  I actually have an appeal in an eviction hearing coming up on the 11th and sometime within
[23:48.360 --> 23:53.520]  the next few days, I need to get some lawsuits filed and I'm thinking it would sure help
[23:53.520 --> 23:58.680]  if I could get some of your information to put in it.
[23:58.680 --> 24:02.320]  And let me run one other thing by you and I'll be very brief because I know time is
[24:02.320 --> 24:05.160]  short and there are a lot of callers.
[24:05.160 --> 24:11.080]  And if my understanding of any of this is correct, just stop me and correct me.
[24:11.080 --> 24:19.840]  But my understanding is that the paper note, the tangible note and the deed that the borrower's
[24:19.840 --> 24:25.000]  signed together are considered a mortgage.
[24:25.000 --> 24:32.520]  And if the deed is in any way invalidated, then the debt doesn't necessarily go away.
[24:32.520 --> 24:36.880]  It's just converted from a secured debt to an unsecured debt.
[24:36.880 --> 24:43.720]  And the tangible paper note and deed that the borrower's signed are governed under UCC
[24:43.720 --> 24:44.720]  3.
[24:44.720 --> 24:45.720]  Okay.
[24:45.720 --> 24:51.920]  And those two instruments together create a mortgage which in and of itself acts as
[24:51.920 --> 24:59.480]  a security, a payment intangible on a payment stream under an electronic intangible security
[24:59.480 --> 25:03.240]  certificate which is governed under UCC 9.
[25:03.240 --> 25:10.320]  So you have basically a UCC 3 note and UCC 9 note, a tangible note and an electronic
[25:10.320 --> 25:12.200]  intangible note.
[25:12.200 --> 25:19.720]  And just as the deed of trust acts as a security, the tangible deed of trust acts as a security
[25:19.720 --> 25:24.960]  for the tangible note, those two documents together create the mortgage and that mortgage
[25:24.960 --> 25:29.840]  acts as a security for the intangible note.
[25:29.840 --> 25:32.120]  No, no, no.
[25:32.120 --> 25:33.120]  Okay.
[25:33.120 --> 25:35.200]  So let's break it apart real quick.
[25:35.200 --> 25:36.200]  Okay.
[25:36.200 --> 25:38.720]  You have a tangible promissory note.
[25:38.720 --> 25:44.480]  You have a payment obligation, intangible payment obligation, I promise to pay.
[25:44.480 --> 25:49.800]  You have a security instrument, the deed of trust, a tangible security instrument.
[25:49.800 --> 25:52.880]  Together those comprise your entire instrument.
[25:52.880 --> 26:00.360]  The electronic promissory note, the electronic e-mortgage, right?
[26:00.360 --> 26:04.160]  Those are transferable records, period.
[26:04.160 --> 26:06.480]  They are not instruments.
[26:06.480 --> 26:09.880]  There is no electronic negotiable instrument.
[26:09.880 --> 26:15.480]  Now when the intangible payment obligation is sold and stripped from the tangible promissory
[26:15.480 --> 26:21.200]  note, we have bifurcation of the tangible and the intangible.
[26:21.200 --> 26:29.040]  So by operation of law, the security instrument can attach itself to nothing.
[26:29.040 --> 26:35.800]  The debt which was evidenced by the tangible promissory note is a worthless piece of paper.
[26:35.800 --> 26:42.920]  So go back to Carpenter versus Longin, the security instrument cannot survive a moment
[26:42.920 --> 26:44.920]  without the debt.
[26:44.920 --> 26:45.920]  Yes.
[26:45.920 --> 26:49.200]  I have a bunch of other case law on that as well.
[26:49.200 --> 26:52.600]  Okay, that helps me a lot, that's what this thing's about.
[26:52.600 --> 26:53.600]  Okay.
[26:53.600 --> 26:56.200]  I'm going to get off here and let some of the other callers on.
[26:56.200 --> 27:02.200]  Randy, you said that you have two cases that go to the issue of MERS claiming all these
[27:02.200 --> 27:05.400]  multiple conflicting finals and capacities.
[27:05.400 --> 27:06.400]  Can you send me those?
[27:06.400 --> 27:15.160]  Yeah, I have a deposition that Steve referenced where a, I think it was an executive vice
[27:15.160 --> 27:19.560]  president of MERS in a deposition, I believe in Florida.
[27:19.560 --> 27:20.840]  William Hutton.
[27:20.840 --> 27:21.840]  I haven't.
[27:21.840 --> 27:22.840]  Okay.
[27:22.840 --> 27:27.120]  He stated that they have no employees.
[27:27.120 --> 27:34.200]  So my concern with the definition was, although he said he has no employees, my concern was
[27:34.200 --> 27:36.560]  the definition of employee.
[27:36.560 --> 27:42.360]  Go to the IRS or IRC for that.
[27:42.360 --> 27:43.360]  Yeah.
[27:43.360 --> 27:44.360]  Okay.
[27:44.360 --> 27:52.960]  The thing with MERS is often they're using terms that they clearly don't accurately
[27:52.960 --> 28:00.440]  define because when you read the deed of trust, one of the arguments that I have on MERS is
[28:00.440 --> 28:08.840]  that MERS uses the term beneficiary and the term nominee and the term legal title.
[28:08.840 --> 28:14.740]  But they don't define what they are and they, because of the way they're used in the document,
[28:14.740 --> 28:21.400]  they cannot be using the Webster's definition or the Black's definition or the definitions
[28:21.400 --> 28:23.400]  we find in case law.
[28:23.400 --> 28:28.080]  They must have a different definition because it cannot be any of those.
[28:28.080 --> 28:34.440]  So here again with employee, what did they mean by when they use the term employee?
[28:34.440 --> 28:40.920]  Well, even though they have different definitions, even if they have different definitions, if
[28:40.920 --> 28:47.160]  they don't put that in the document that I'm signing, then those terms should be construed
[28:47.160 --> 28:51.520]  according to their common custom usage and practices, correct?
[28:51.520 --> 28:58.760]  And if they don't match the common use and the common definitions, then the document
[28:58.760 --> 29:06.000]  should be challenged as being unenforceably vague.
[29:06.000 --> 29:09.640]  That's at least that's the argument that we're making on some of these like the term
[29:09.640 --> 29:18.320]  nominee and the term legal title where the deed of trust purports to transfer beneficial
[29:18.320 --> 29:26.480]  title to MERS, legal title to the trustee, and in the very next paragraph, legal title
[29:26.480 --> 29:29.320]  to MERS.
[29:29.320 --> 29:34.320]  So if this is a deed of trust, legal title would have to be vested in the trustee, but
[29:34.320 --> 29:38.920]  since it's vested in MERS, not a deed of trust at all, it's a grant, it's a mortgage,
[29:38.920 --> 29:39.920]  it's forbidden in Texas.
[29:39.920 --> 29:40.920]  That's one of the arguments.
[29:40.920 --> 29:41.920]  Okay.
[29:41.920 --> 29:42.920]  Thank you, Johnny.
[29:42.920 --> 29:43.920]  We're about to go to break.
[29:43.920 --> 29:51.400]  And Leslie, I see you there and I've been looking forward to getting to you.
[29:51.400 --> 29:55.840]  You have some interesting information we will get to you when we come back on the other
[29:55.840 --> 29:56.840]  night.
[29:56.840 --> 29:59.840]  Brand accountant David Stephens, rule of our radio, we'll be right.
[29:59.840 --> 30:06.360]  Do you like people looking over your shoulder while you surf the net?
[30:06.360 --> 30:09.600]  Probably not, but that could be happening if you're not using a proxy.
[30:09.600 --> 30:14.560]  I'm Dr. Catherine Albert and I'll be back with an easy, privacy-friendly proxy tip in
[30:14.560 --> 30:16.640]  just a moment.
[30:16.640 --> 30:18.240]  Privacy is under attack.
[30:18.240 --> 30:21.840]  When you give up data about yourself, you'll never get it back again.
[30:21.840 --> 30:26.600]  And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[30:26.600 --> 30:31.640]  So protect your rights, say no to surveillance, and keep your information to yourself.
[30:31.640 --> 30:34.360]  Privacy, it's worth hanging on to.
[30:34.360 --> 30:38.640]  This public service announcement is brought to you by Startpage.com, the private search
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[31:30.320 --> 31:35.680]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[31:35.680 --> 31:37.920]  The government says that fire brought it down.
[31:37.920 --> 31:42.720]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[31:42.720 --> 31:46.840]  Over 6,000 of my fellow service members have given their lives, and thousands of my fellow
[31:46.840 --> 31:48.200]  first responders are dying.
[31:48.200 --> 31:49.760]  I'm not a conspiracy theorist.
[31:49.760 --> 31:50.760]  I'm a structural engineer.
[31:50.760 --> 31:52.040]  I'm a New York City Correctional Officer.
[31:52.040 --> 31:53.040]  I'm an Air Force pilot.
[31:53.040 --> 31:54.040]  I'm a father.
[31:54.040 --> 31:55.040]  Who lost his son.
[31:55.040 --> 31:57.280]  We're Americans, and we deserve the truth.
[31:57.280 --> 32:00.400]  Go to RememberBuilding7.org today.
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[33:00.920 --> 33:05.440]  Live, free speech radio, logosradionetwork.com.
[33:05.440 --> 33:12.440]  Yeah, yeah, I, oh, mm-hmm, yeah, I walk the road, I walk the road, I walk the road, I
[33:35.440 --> 33:49.800]  walk, I walk the road, I walk the road, I walk the road, I walk the road, I walk the
[33:49.800 --> 33:54.420]  road, I walk the road.
[33:54.420 --> 34:00.360]  Okay, we are back, Randy Kelton, Deborah Stevens, we move our radio here with our special guest.
[34:00.360 --> 34:02.820]  Excuse me, excuse me.
[34:02.820 --> 34:03.820]  Joe Esquivel.
[34:03.820 --> 34:14.660]  Joe Esquivel, and Steve Gidmore, and we've got Leslie, I'm just having one of those brain
[34:14.660 --> 34:16.220]  dead days today.
[34:16.220 --> 34:22.660]  We have Leslie from Pennsylvania, I've been looking forward to getting to you, you have
[34:22.660 --> 34:24.380]  sent me some interesting information.
[34:24.380 --> 34:25.380]  Hello, Ms. Leslie.
[34:25.380 --> 34:26.380]  Hi, how are you?
[34:26.380 --> 34:27.380]  Surprise, surprise, President Supervisor.
[34:27.380 --> 34:28.380]  How am I?
[34:28.380 --> 34:29.380]  I'm brain dead today.
[34:29.380 --> 34:37.700]  Well, it's Christmas in July, what do you want?
[34:37.700 --> 34:46.500]  The Judge Shaq is on the warpath again, and to give you an idea of how angry he is, the
[34:46.500 --> 34:53.340]  court cannot countenance the deceptive behavior of Chase, the alleged owner of the subject
[34:53.340 --> 34:57.380]  mortgage and note and its counsel, and Fannie Mae, the researcher-
[34:57.380 --> 35:00.820]  Hold on, Leslie, is this on your issue?
[35:00.820 --> 35:01.820]  No.
[35:01.820 --> 35:02.820]  Oh, okay.
[35:02.820 --> 35:08.340]  The real owner of the subject mortgage and note, Fannie Mae's servicing guide with its
[35:08.340 --> 35:14.900]  deceptive practices to full court does not supersede New York law, he is pissed.
[35:14.900 --> 35:20.700]  He sent them a notice, in his order he sent it to Jamie Dimon and everything, and gave
[35:20.700 --> 35:24.780]  them to tell them why they should not be sanctioned.
[35:24.780 --> 35:32.420]  They have $490,000 on deposit at the court because the person who was foreclosed found
[35:32.420 --> 35:39.100]  a buyer for twice the price of the foreclosure, and the judge let him sell the house and put
[35:39.100 --> 35:45.820]  the money on the profit, and then they have to prove who they are before they get it.
[35:45.820 --> 35:52.700]  Oh, interesting, I love it.
[35:52.700 --> 36:00.020]  This is kind of the direction we've been going in, Leslie, did you get the set of documents
[36:00.020 --> 36:03.940]  I sent you about filing a notice of default?
[36:03.940 --> 36:08.340]  Oh, yes, I loved them, I've used them three times already.
[36:08.340 --> 36:18.980]  Okay, good, well, Joe, what we put together was, we stopped arguing bifurcation and securitization
[36:18.980 --> 36:23.860]  directly because, you know, the court's going to say, okay, so they did all this, how were
[36:23.860 --> 36:24.860]  you harmed?
[36:24.860 --> 36:29.820]  Oh, well, they might foreclose on me and then next week somebody else will foreclose.
[36:29.820 --> 36:32.620]  He's going to say, well, did somebody else foreclose already?
[36:32.620 --> 36:37.860]  Well, no, well, when they do, then you can come and raise that argument.
[36:37.860 --> 36:43.180]  So what we've done is backed away from those because we know judges don't like to render
[36:43.180 --> 36:47.620]  rulings that changes the legal world they live in.
[36:47.620 --> 36:51.620]  They want nice, simple, easy determinations they can make.
[36:51.620 --> 37:03.180]  So everything we're arguing now goes to breach of contract, 14, 15, 16, primarily in 20.
[37:03.180 --> 37:10.300]  But my favorite one is 16, covenant 16, where everybody rules the severability, rules of
[37:10.300 --> 37:11.300]  construction.
[37:11.300 --> 37:17.660]  Yeah, everybody has to follow the law, and that goes to capacity, and anytime we can
[37:17.660 --> 37:25.740]  show that the lender violated a law relating to this note, then we claim a default.
[37:25.740 --> 37:35.180]  We claim a default based on the fact that the lender didn't sign the original document,
[37:35.180 --> 37:40.380]  that the original document was created by the lender without consultation with the borrower
[37:40.380 --> 37:43.420]  and presented to the lender at closing.
[37:43.420 --> 37:50.540]  And it contained language that was fraud in the factum.
[37:50.540 --> 37:52.900]  It was a whole bunch of things we claimed.
[37:52.900 --> 38:00.500]  So and we were looking at filing petitions for declaratory judgment and trespass to try
[38:00.500 --> 38:01.500]  to idle.
[38:01.500 --> 38:09.900]  And finally, I got a document from a guy in Washington state who filed a notice of default
[38:09.900 --> 38:10.900]  in the record.
[38:10.900 --> 38:18.820]  And he said, I sent the lender a debt validation request, and he didn't respond to it.
[38:18.820 --> 38:22.180]  Therefore he defaulted on the deed of trust.
[38:22.180 --> 38:27.420]  And I thought, how could I be so stupid all this time?
[38:27.420 --> 38:30.740]  We file a notice of default.
[38:30.740 --> 38:37.260]  You are the borrower, you are the holder of the uncontested warranty deed.
[38:37.260 --> 38:42.180]  You are absolutely authorized to file in the court record under law.
[38:42.180 --> 38:44.700]  You file a notice of default.
[38:44.700 --> 38:53.700]  As a matter of law, that document is valid unless it is challenged.
[38:53.700 --> 38:58.020]  So let somebody come and try to challenge it.
[38:58.020 --> 39:02.940]  We've been trying to get them in a position where we can force them to prove up agency
[39:02.940 --> 39:05.500]  standing in capacity.
[39:05.500 --> 39:12.900]  They file a petition for declaratory judgment, we file a challenge of subject matter jurisdiction.
[39:12.900 --> 39:18.620]  Now we've got a situation to where if they don't prove up standing and the judge moves
[39:18.620 --> 39:23.320]  ahead, we'll immediately sue the judge.
[39:23.320 --> 39:27.940]  The only time you get a shot at the judge is when he lacks subject matter jurisdiction.
[39:27.940 --> 39:33.220]  We did this in Austin on a credit card issue.
[39:33.220 --> 39:35.380]  We sued the judge.
[39:35.380 --> 39:41.220]  The judge came in and the client said, well, your honor, what are you doing here?
[39:41.220 --> 39:42.220]  You can't be here.
[39:42.220 --> 39:43.220]  I sued Judy.
[39:43.220 --> 39:49.620]  He got the suit and looked at it and he said, well, Mr. Hennelman, it's not my place to
[39:49.620 --> 39:51.280]  determine subject matter jurisdiction.
[39:51.280 --> 39:52.280]  You have to do that.
[39:52.280 --> 39:56.980]  He said, well, judge, when you send me a letter or order me to come to court telling me all
[39:56.980 --> 40:01.220]  the things you're going to do if I don't, you need to make sure you have authority to
[40:01.220 --> 40:02.220]  do that.
[40:02.220 --> 40:06.260]  So we got the county attorney to write him an answer.
[40:06.260 --> 40:08.860]  We sued the county attorney.
[40:08.860 --> 40:14.340]  This appropriation of public funds, we sued him in his personal capacity.
[40:14.340 --> 40:21.140]  This allows us to turn it around so the onus is on them.
[40:21.140 --> 40:22.300]  They filed a suit.
[40:22.300 --> 40:26.220]  Now we go after them for agency standing capacity.
[40:26.220 --> 40:32.420]  We also filed a letter, my favorite, firing murders.
[40:32.420 --> 40:33.420]  We hired him.
[40:33.420 --> 40:40.020]  You know, if they file a petitions declaratory judgment, we say, wait a minute.
[40:40.020 --> 40:42.260]  We hired him.
[40:42.260 --> 40:45.260]  We named him as beneficiary for the lender.
[40:45.260 --> 40:47.060]  The lender didn't do that.
[40:47.060 --> 40:52.340]  If the lender had wanted to name him as beneficiary, he should have affirmed the document, but
[40:52.340 --> 40:54.500]  he didn't.
[40:54.500 --> 40:58.140]  So if we hired him, we didn't fire him, and if they said, well, you can't fire him, well,
[40:58.140 --> 41:01.140]  if we can't fire him, we couldn't hire him in the first place.
[41:01.140 --> 41:02.140]  Correct.
[41:02.140 --> 41:06.140]  There's only one thing.
[41:06.140 --> 41:08.180]  What type of contract is that?
[41:08.180 --> 41:10.780]  Deed of trust.
[41:10.780 --> 41:19.020]  Now there's things we can do and all the things that the borrower can affirm it, but the appointment
[41:19.020 --> 41:22.140]  of marriage is not something the borrower can do.
[41:22.140 --> 41:27.740]  The lender can do that, so we argued that Merge was never hired in the first place,
[41:27.740 --> 41:39.820]  and we also filed a notice declaring all assignments and assignments and Steve, I keep losing the
[41:39.820 --> 41:47.340]  word, appointments, all assignments and appointments is void because the whole of the warranty
[41:47.340 --> 41:52.100]  deed, we didn't do that, and if anybody objects to it, they have to come in and say, well,
[41:52.100 --> 41:57.540]  sue us, and they have to show standing in order to get it done, so we're having fun
[41:57.540 --> 41:58.540]  with those so far.
[41:58.540 --> 41:59.540]  Okay, go ahead, Leslie.
[41:59.540 --> 42:00.540]  I interrupted you.
[42:00.540 --> 42:03.300]  You sent me two or three documents.
[42:03.300 --> 42:10.660]  We have another decision out of Nuiensis County, Texas versus Merge Corps.
[42:10.660 --> 42:11.660]  That's Nuiensis County.
[42:11.660 --> 42:12.660]  Yeah.
[42:12.660 --> 42:15.660]  Yeah, that one's already gone viral.
[42:15.660 --> 42:19.460]  You speak with a strange foreign accent.
[42:19.460 --> 42:22.260]  You're obviously not from Texas.
[42:22.260 --> 42:33.940]  That one was there, I thought that came down just today, but it was two days ago, so I
[42:33.940 --> 42:35.980]  was really excited to see that.
[42:35.980 --> 42:40.980]  That's only on a motion to dismiss, just like the one in Pennsylvania here, but they're
[42:40.980 --> 42:41.980]  finding the same thing.
[42:41.980 --> 42:46.500]  I think the judges are really getting kicked off.
[42:46.500 --> 42:54.860]  Let me read... Leslie sent me the document, and it has... She excerpted part out of it,
[42:54.860 --> 42:57.780]  and let me read the part that she drew out.
[42:57.780 --> 43:02.020]  It appears that Merge asserted a legal right in the properties.
[43:02.020 --> 43:15.260]  The court concludes that, viewing the facts, allegations in light most favorable to plaintiff,
[43:15.260 --> 43:21.940]  one could plausibly infer that the recorded deeds of trust constituted fraudulent liens
[43:21.940 --> 43:26.540]  or claims against real property or an interest in real property.
[43:26.540 --> 43:29.260]  They are calling them fraud.
[43:29.260 --> 43:38.820]  What Texas law says concerning what is a fraudulent document, Texas government code 51901, something.
[43:38.820 --> 43:44.180]  Okay, hang on, we are about to go to break.
[43:44.180 --> 43:47.860]  This is Randy Kelton, Debra Stevens, News Law Radio.
[43:47.860 --> 43:50.020]  We will pick this up when we get back on the other side.
[43:50.020 --> 43:55.700]  I'll call it number 512-646-1984, Terrence Davis either.
[43:55.700 --> 44:01.220]  We will pick you up when we get back.
[44:01.220 --> 44:06.580]  Mr. President, members of Congress, you've been making a lot of noise about taking our
[44:06.580 --> 44:10.740]  guns away, but you might want to review history.
[44:10.740 --> 44:17.980]  In 1935, Gonzales, Texas Territory, the authorities wanted to confiscate the big gun that protected
[44:17.980 --> 44:18.980]  that colony.
[44:18.980 --> 44:25.660]  You know what the people said, come and take it, because they were willing to fight for
[44:25.660 --> 44:29.940]  their freedom and their guns, so are we.
[44:29.940 --> 44:37.940]  Come and take it if you want it, come and take it if you can, come and take it, but
[44:37.940 --> 44:42.620]  I want you, you'll have to buy it from my cold dead hands.
[44:42.620 --> 44:49.060]  We want the freedom that God gave us, so you best not cross that line.
[44:49.060 --> 44:56.540]  If you want this gun, you've got to come through us and take it, one shot at a time.
[44:56.540 --> 44:59.540]  Just like Gonzales, we're keeping our guns.
[44:59.540 --> 45:03.900]  Are you the plaintiff or defendant in a lawsuit?
[45:03.900 --> 45:10.660]  Win your case without an attorney with Jurisdictionary, the affordable, easy to understand, 4-CD course
[45:10.660 --> 45:13.820]  that will show you how in 24 hours, step-by-step.
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[45:22.700 --> 45:27.540]  Thousands have won with our step-by-step course, and now you can too.
[45:27.540 --> 45:33.460]  Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience.
[45:33.460 --> 45:38.820]  Even if you're not in a lawsuit, you can learn what everyone should understand about the
[45:38.820 --> 45:43.100]  principles and practices that control our American courts.
[45:43.100 --> 45:49.300]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases,
[45:49.300 --> 45:51.660]  pro se tactics, and much more.
[45:51.660 --> 46:14.500]  Please visit ruleoflawradio.com and click on the banner or call toll-free, 866-LAW-EZ.
[46:14.500 --> 46:42.740]  Okay, we are back.
[46:42.740 --> 46:48.260]  Randy Kelton, Deborah Stevens, Rule of Law Radio, and we're talking to Leslie in Pennsylvania.
[46:48.260 --> 46:59.660]  I looked over the order on the break and it appears that the judge granted, I mean, sorry,
[46:59.660 --> 47:06.020]  denied, this was a hearing on a Rule 12 motion to dismiss for failure of state acclaim.
[47:06.020 --> 47:07.020]  Right.
[47:07.020 --> 47:13.860]  It's the Ashcroft-Tombly decision if you file a federal suit, you will get a Rule 12 motion
[47:13.860 --> 47:14.860]  to dismiss.
[47:14.860 --> 47:15.860]  It's just knee-jerk now.
[47:15.860 --> 47:21.260]  And for us, for the most part, the judges denied, we've had a couple where they didn't.
[47:21.260 --> 47:24.860]  I mean, they granted, we've had a couple where they didn't.
[47:24.860 --> 47:32.620]  But this is one apparently where the county sued for these fees that Morris did not pay
[47:32.620 --> 47:34.660]  and the court has granted the case.
[47:34.660 --> 47:37.260]  Okay, go ahead, Leslie.
[47:37.260 --> 47:38.260]  Okay.
[47:38.260 --> 47:42.180]  One of the things that, you know, like you said about that, I think that the only way
[47:42.180 --> 47:49.380]  that we as homeowners are going to win in big part is due to the work of the recorders
[47:49.380 --> 47:55.500]  because of their pursuing this because once they get a decision, then we can benefit from
[47:55.500 --> 47:59.100]  it because we're not going to get a decision that favors us.
[47:59.100 --> 48:00.100]  Right.
[48:00.100 --> 48:01.100]  Generally.
[48:01.100 --> 48:07.580]  Well, we may on rare occasions and, you know, what I've been struggling to construct are
[48:07.580 --> 48:14.940]  claims where a judge can give you a ruling and not change the world he lives in.
[48:14.940 --> 48:15.940]  Right.
[48:15.940 --> 48:24.700]  Where I go in and say, the lender failed to follow this rule.
[48:24.700 --> 48:30.940]  For instance, we send a letter to all of the notaries asking for evidence of the authentication.
[48:30.940 --> 48:37.940]  If we don't get a response back, we come in and say, the rules for filing documents in
[48:37.940 --> 48:43.980]  the record require a proper acknowledgement.
[48:43.980 --> 48:49.420]  We have prima facie evidence to indicate that the acknowledgement is not proper.
[48:49.420 --> 48:56.980]  Therefore, we move the court to say that in this focused instance, in this one spot here,
[48:56.980 --> 49:06.900]  there was a minor violation of the, or a failure to meet the required rules for filing.
[49:06.900 --> 49:12.820]  Therefore, this particular document is void of the real force and effect.
[49:12.820 --> 49:17.140]  He can rule on that and it doesn't rule against their claim.
[49:17.140 --> 49:19.220]  They still have a claim.
[49:19.220 --> 49:25.900]  They just don't have a valid either deed of trust or assignment and the idea is, is you
[49:25.900 --> 49:30.140]  can refile that and file it correctly.
[49:30.140 --> 49:36.680]  What we don't tell the court, especially if it's a deed of trust, and we say it's got
[49:36.680 --> 49:42.060]  a problem with the affirmation, it's got a problem, we have a number of problems we bring
[49:42.060 --> 49:49.660]  about the deed of trust, and if he rules, yeah, they failed to meet the filing requirements,
[49:49.660 --> 49:58.860]  damn, immediately we drop a warranty deed in the record, move the thing into a trust.
[49:58.860 --> 50:05.580]  Now, they can refile their deed of trust if they want to, but now it's second in line.
[50:05.580 --> 50:06.580]  Right.
[50:06.580 --> 50:08.580]  Now, now we've got leverage.
[50:08.580 --> 50:11.580]  Do you have a comment?
[50:11.580 --> 50:18.820]  Yeah, because like here in Pennsylvania, what I've noticed is that MERS mortgages, we have
[50:18.820 --> 50:26.020]  what they call a 625 certificate of residence, which is required on every assignment and
[50:26.020 --> 50:33.380]  it's required on every mortgage, and that is to the benefit of the recorder so that
[50:33.380 --> 50:40.020]  she has accurate records as to who owes what to whom, and she has to make a report on this.
[50:40.020 --> 50:43.900]  Wait, did you say certificate of residence?
[50:43.900 --> 50:49.100]  Yes, it's a certificate of the residence of the creditor.
[50:49.100 --> 50:57.140]  Oh, so it doesn't require them to be in any particular place, but they have to give you
[50:57.140 --> 51:00.660]  an accurate address for defund them, is that it?
[51:00.660 --> 51:04.140]  It has to be signed.
[51:04.140 --> 51:10.300]  It has to be not only on the document on the last page, it's called certificate of residence,
[51:10.300 --> 51:14.300]  and it says, I hereby certify that, and then it gives the address, and then it's signed
[51:14.300 --> 51:17.740]  by, and it's a position, and all that kind of stuff.
[51:17.740 --> 51:19.740]  Does it have to be acknowledged as well?
[51:19.740 --> 51:20.740]  No.
[51:20.740 --> 51:21.740]  No.
[51:21.740 --> 51:22.740]  Okay.
[51:22.740 --> 51:27.500]  It doesn't have to be acknowledged, but it has to be signed by a person that has knowledge
[51:27.500 --> 51:29.480]  of their correct address.
[51:29.480 --> 51:36.700]  Every one of those addresses is MERS address, and the law is specific, it says the party
[51:36.700 --> 51:45.100]  to whom payment is due, the person entitled to payment, is how we put it.
[51:45.100 --> 51:49.820]  So that's fraud on its face, that's tampering with the government document.
[51:49.820 --> 51:55.180]  In Texas, it would be securing and executing a document by deception.
[51:55.180 --> 51:56.180]  Yes.
[51:56.180 --> 52:00.460]  A couple of those are felonies.
[52:00.460 --> 52:06.340]  And every one of them, every MERS mortgage I have seen has that on there, the wrong address.
[52:06.340 --> 52:11.940]  Because, like say Fannie Mae or Freddie Mac would retain ownership of the note, even though
[52:11.940 --> 52:19.620]  it's being foreclosed in Bank of America or Citi Mortgage or Hoover.
[52:19.620 --> 52:23.820]  Because they don't put Fannie Mae's address there, that's also fraud.
[52:23.820 --> 52:28.460]  Because Citi Mortgage is not entitled to payment, they are collecting for the person entitled
[52:28.460 --> 52:29.460]  to payment.
[52:29.460 --> 52:34.080]  But Fannie Mae's name is not listed in the public record to begin with.
[52:34.080 --> 52:35.900]  Their name is not listed in public records.
[52:35.900 --> 52:41.460]  So if your name is not listed in the public record, then how can you claim to be a secure
[52:41.460 --> 52:42.460]  party?
[52:42.460 --> 52:43.460]  You can.
[52:43.460 --> 52:56.340]  Because you can go to Pennsylvania Code 1976, subsection 30-7-10, it says validity of conveyances,
[52:56.340 --> 53:02.860]  liens and other transactions as to subsequent purchasers and creditors.
[53:02.860 --> 53:07.660]  It talks about recordation is essential.
[53:07.660 --> 53:13.340]  So now, if Fannie Mae is not recorded into public, again, I bring this up time and time
[53:13.340 --> 53:17.660]  again, dispute what they're saying.
[53:17.660 --> 53:26.520]  When they say Fannie Mae purchasing owns your loan, well, define what my loan is.
[53:26.520 --> 53:28.840]  What did Fannie Mae purchase?
[53:28.840 --> 53:31.040]  What did Freddie Mac purchase?
[53:31.040 --> 53:37.540]  They purchased in interest of your loan, being the payment intangible.
[53:37.540 --> 53:40.060]  And they can buy and sell that all day long.
[53:40.060 --> 53:47.300]  You have to understand, Fannie Mae and Freddie Mac, they have a get out of jail card, right?
[53:47.300 --> 53:53.980]  Within their own documentation, and I can pull it up in a few minutes, they have verbs
[53:53.980 --> 54:01.180]  that states that the lender, while they must meet the Fannie Mae requirements of standard
[54:01.180 --> 54:09.500]  operating procedures, they must actually also follow mandated law.
[54:09.500 --> 54:17.500]  And if they don't follow mandated law, all right, then it's on the lender itself, all
[54:17.500 --> 54:18.500]  right?
[54:18.500 --> 54:20.620]  It's not to Fannie Mae.
[54:20.620 --> 54:24.660]  It's on the lender itself, because within Fannie Mae's own documents and Freddie Mac's
[54:24.660 --> 54:30.300]  own documents, and I state the verbiage directly on my charts, all right?
[54:30.300 --> 54:37.380]  I state the form that I have found the document on, the verbiage, and it says you must comport
[54:37.380 --> 54:38.380]  to law.
[54:38.380 --> 54:43.300]  So, you know, that's something you need to look at.
[54:43.300 --> 54:47.940]  Well, in Pennsylvania, there's a decision already that it does not comport to law.
[54:47.940 --> 54:55.220]  That is a void and fraudulent contract, avoid an illegal contract is the word.
[54:55.220 --> 55:03.220]  On page nine of the Shack judgment that came out today of Morgan Chase v. Butler, it says
[55:03.220 --> 55:08.700]  that this is Fannie Mae's regulation states in relevant part, Fannie Mae is at all times
[55:08.700 --> 55:12.860]  the owner of the mortgage note, whether the note is in our portfolio or whether we own
[55:12.860 --> 55:16.540]  it as trustee for an MBS trust.
[55:16.540 --> 55:21.340]  In addition, Fannie Mae at all times has possession of and is the holder of the note, except in
[55:21.340 --> 55:24.300]  limited circumstances, it's freshly described to be allowed.
[55:24.300 --> 55:28.180]  So, I mean, they're saying that they are the owner, no doubt.
[55:28.180 --> 55:29.180]  Okay.
[55:29.180 --> 55:31.980]  There's a setup question here.
[55:31.980 --> 55:38.020]  There's a setup question that you can ask in interrogatories or ask in open court and
[55:38.020 --> 55:42.460]  pay very, very close attention to the language I'm using, pay closer attention to the language
[55:42.460 --> 55:44.860]  I am not using.
[55:44.860 --> 55:48.340]  That specific question would be worded.
[55:48.340 --> 55:53.500]  When did you take or when did you acquire interest in this loan?
[55:53.500 --> 55:55.700]  At what date?
[55:55.700 --> 55:56.700]  Right.
[55:56.700 --> 56:00.180]  When did you acquire interest in this loan?
[56:00.180 --> 56:04.620]  If they give you a date, they have made an admission that they did not acquire the loan
[56:04.620 --> 56:09.660]  itself, only a partial interest therein.
[56:09.660 --> 56:10.660]  You follow me?
[56:10.660 --> 56:11.660]  Okay.
[56:11.660 --> 56:12.660]  Okay, Leslie.
[56:12.660 --> 56:17.060]  Okay, listen to what I'm going to read to you, all right?
[56:17.060 --> 56:22.060]  Now this is stated on page five of the guide to delivering e-mortgage loans to Fannie Mae
[56:22.060 --> 56:29.100]  version 2.5, paragraph 2.2, initial and periodic assessments.
[56:29.100 --> 56:33.180]  Each lender is responsible for determining that it meets the legal, technological and
[56:33.180 --> 56:39.900]  operation requirements necessary to create valid and enforceable mortgage obligations
[56:39.900 --> 56:46.660]  and that it otherwise complies with our requirements, which in some cases may be in addition to
[56:46.660 --> 56:50.180]  minimum statutory requirements.
[56:50.180 --> 56:56.460]  That is Fannie Mae's get out of jail card because they are stating to be lenders, all right?
[56:56.460 --> 57:06.500]  You need to meet statutory requirements, the legal, technological and operational requirements
[57:06.500 --> 57:12.780]  necessary to create valid and enforceable mortgage obligations.
[57:12.780 --> 57:21.860]  Now if the bank or the lender did not meet those requirements, Fannie Mae isn't going
[57:21.860 --> 57:26.980]  to slap them on the wrist.
[57:26.980 --> 57:30.860]  Seller's responsibility.
[57:30.860 --> 57:36.740]  The seller is responsible for what it sells to Fannie Mae.
[57:36.740 --> 57:44.460]  Fannie Mae, again, they're purchasing the payment, it's tangible.
[57:44.460 --> 57:48.340]  Now the bank is going to say that this is standard operating procedure.
[57:48.340 --> 57:50.500]  Your honor, we've been doing this for years and years.
[57:50.500 --> 57:53.580]  Oh, you've been breaking the law for how long?
[57:53.580 --> 57:59.220]  Exactly, because now you're going to bring up USA versus Hibernian National Bank, all
[57:59.220 --> 58:00.220]  right?
[58:00.220 --> 58:01.220]  Mm-hmm.
[58:01.220 --> 58:06.620]  And that says that standard operating bank practices do not override the requirements
[58:06.620 --> 58:10.900]  of the law.
[58:10.900 --> 58:13.980]  So you have a lot of material out there.
[58:13.980 --> 58:18.980]  We just need to go dig in.
[58:18.980 --> 58:20.580]  Okay we are about to go to break.
[58:20.580 --> 58:26.500]  I'm sorry, Leslie, I had you muted there hours before we go out, so I muted you a little
[58:26.500 --> 58:27.500]  early.
[58:27.500 --> 58:29.500]  Hang on, we'll pick you up when we get back on the other side.
[58:29.500 --> 58:33.820]  This is Randy Kelton, Deborah Stevens, Rue La Radio.
[58:33.820 --> 58:38.180]  We're here with our special guests, Joe Escobel and Steve Skidmore.
[58:38.180 --> 58:39.180]  Give us a call.
[58:39.180 --> 58:50.300]  We're going into our last hour, call at number 512-646-1984, we'll be right back.
[58:50.300 --> 58:54.420]  Would you like to make more definite progress in your walk with God?
[58:54.420 --> 58:59.620]  Bibles for America is offering a free study Bible and a set of free Christian books that
[58:59.620 --> 59:00.980]  can really help.
[59:00.980 --> 59:05.420]  The New Testament Recovery Version is one of the most comprehensive study Bibles available
[59:05.420 --> 59:06.420]  today.
[59:06.420 --> 59:10.340]  It's an accurate translation and it contains thousands of footnotes that will help you
[59:10.340 --> 59:13.460]  to know God and to know the meaning of life.
[59:13.460 --> 59:18.700]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:18.700 --> 59:22.960]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan
[59:22.960 --> 59:27.880]  of salvation, growing in Christ, and how to build up the Church.
[59:27.880 --> 59:32.900]  To order your free New Testament Recovery Version and Basic Elements of the Christian
[59:32.900 --> 59:45.660]  Life, call Bibles for America toll free at 888-551-0102, that's 888-551-0102, or visit
[59:45.660 --> 59:48.260]  us online at bfa.org.
[59:48.260 --> 59:57.980]  You're listening to the Logos Radio Network at logosradionetwork.com.
[59:57.980 --> 01:00:09.180]  You're listening to the Liberty Beats, your daily source for Liberty news and activist
[01:00:09.180 --> 01:00:15.060]  updates, online at thelibertybeats.com.
[01:00:15.060 --> 01:00:18.860]  John Bush here with your Liberty Beat for July 5th, 2013.
[01:00:18.860 --> 01:00:26.460]  Gold opened today at $1,250, silver at $19.54, and Bitcoin is trading at $75.
[01:00:26.460 --> 01:00:30.180]  Support for the Liberty Beat comes from Cabo Bob's, the first high-fruits post-corn syrup
[01:00:30.180 --> 01:00:35.100]  free quick-serve restaurant in the country, serving Baja California-style burritos and
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[01:00:41.020 --> 01:00:44.740]  at 512-432-1111.
[01:00:44.740 --> 01:00:46.420]  And now the news.
[01:00:46.420 --> 01:00:50.740]  Riots have sprung up in China for reasons that are not completely known at this time.
[01:00:50.740 --> 01:00:54.740]  Sources online are indicating that this is a popular uprising, while some media outlets
[01:00:54.740 --> 01:00:58.300]  are reporting that Muslim extremists are responsible.
[01:00:58.300 --> 01:01:03.380]  Reports from Beijing describe around 70,000 anti-terrorism police that have set up 24-hour
[01:01:03.380 --> 01:01:07.100]  patrols in the regional capital of Yerumqi.
[01:01:07.100 --> 01:01:12.340]  Every region in Enijan has an armed police detachment, with as many as four in Yerumqi.
[01:01:12.340 --> 01:01:17.340]  The People's Liberation Army reportedly has more than 10,000 troops in the region as well.
[01:01:17.340 --> 01:01:21.180]  Chinese media has accused the United States media of spreading misinformation about the
[01:01:21.180 --> 01:01:25.980]  riots and insists that the incident is strictly an act of terrorism by extremists and not
[01:01:25.980 --> 01:01:32.620]  supported by the people.
[01:01:32.620 --> 01:01:37.380]  Eurofin's Analytical Laboratory in Louisiana analyzed Coke and Pepsi products purchased
[01:01:37.380 --> 01:01:43.780]  from 10 states and found high levels of the cancer-causing chemical 4-methylamidozol.
[01:01:43.780 --> 01:01:47.660]  Coca-Cola and PepsiCo had promised to change their products' ingredients in response to
[01:01:47.660 --> 01:01:52.500]  a California law that requires labeling of products with known carcinogens as ingredients.
[01:01:52.500 --> 01:01:56.780]  The new tests, however, found Coke products and Pepsi products that have high carcinogen
[01:01:56.780 --> 01:02:01.260]  levels ranging from four to eight times higher than allowed in the California law.
[01:02:01.260 --> 01:02:04.660]  The Center for Environmental Health commissioned the study and will test the Pepsi products
[01:02:04.660 --> 01:02:11.220]  again in the spring.
[01:02:11.220 --> 01:02:16.940]  Thursday the Daily Le Monde reported that France's external intelligence agency, DGSE,
[01:02:16.940 --> 01:02:21.820]  is spying on the French public's phone calls, emails, and social media activity in France
[01:02:21.820 --> 01:02:23.300]  and around the world.
[01:02:23.300 --> 01:02:27.980]  The Le Monde stated that the agency is intercepting signals from computers and telephones in France
[01:02:27.980 --> 01:02:32.220]  and between other countries to create a map of, quote, who is talking to whom.
[01:02:32.220 --> 01:02:36.260]  Police and seven other intelligence agencies have reported to have access to the data in
[01:02:36.260 --> 01:02:39.460]  order to track people whose communication seems suspicious.
[01:02:39.460 --> 01:02:44.380]  The report was based upon anonymous intelligence sources and remarks by intelligence officials.
[01:02:44.380 --> 01:02:48.380]  Claims are similar to the activities in America by the NSA and the British government that
[01:02:48.380 --> 01:02:53.580]  were recently exposed by former NSA contractor Edward Snowden.
[01:02:53.580 --> 01:02:57.020]  Support for the Liberty Beat comes from Beeler Education, providing admissions advice and
[01:02:57.020 --> 01:03:04.020]  homeschooling consulting for your family's educational needs.
[01:03:27.020 --> 01:03:35.820]  Okay.
[01:03:35.820 --> 01:03:36.820]  We are back.
[01:03:36.820 --> 01:03:40.860]  Randy Kelton, Deborah Stephens, the rule of law radio, and we're talking to Leslie in
[01:03:40.860 --> 01:03:41.860]  Pennsylvania.
[01:03:41.860 --> 01:03:42.860]  Leslie, I'm sorry.
[01:03:42.860 --> 01:03:47.100]  I muted you a little earlier than I should have last time.
[01:03:47.100 --> 01:03:48.100]  Okay.
[01:03:48.100 --> 01:03:49.100]  Okay.
[01:03:49.100 --> 01:03:52.940]  You and Joe were talking when we went out.
[01:03:52.940 --> 01:03:58.660]  We had such a lively conversation on the break that I lost where we were at.
[01:03:58.660 --> 01:04:07.620]  We were talking about who the owner or the note is because on the certificate of residence,
[01:04:07.620 --> 01:04:14.820]  when city mortgage puts their own address there or Bank of America, that's not the
[01:04:14.820 --> 01:04:16.580]  address that's required.
[01:04:16.580 --> 01:04:23.220]  The address that's required is the person to whom the money, who's entitled to the money.
[01:04:23.220 --> 01:04:31.260]  If Danny May is the one that's getting the money, their address has to be there.
[01:04:31.260 --> 01:04:36.660]  Did they not make a fraudulent misrepresentation of a material fact?
[01:04:36.660 --> 01:04:37.660]  Absolutely.
[01:04:37.660 --> 01:04:42.460]  Let me test that just a little bit.
[01:04:42.460 --> 01:04:43.940]  Who has a right to the money?
[01:04:43.940 --> 01:04:47.100]  Are we talking beneficiaries here?
[01:04:47.100 --> 01:04:58.700]  And if a interest in the note was sold, would the beneficiary get split up amongst all of
[01:04:58.700 --> 01:05:07.060]  the individuals holding an interest in the note or would the person holding the wedding
[01:05:07.060 --> 01:05:09.500]  document be the beneficiary?
[01:05:09.500 --> 01:05:11.100]  It's a joke.
[01:05:11.100 --> 01:05:13.100]  It's simple.
[01:05:13.100 --> 01:05:19.140]  It's the obligation, the promise to pay.
[01:05:19.140 --> 01:05:21.140]  That's what you're going to have to go after.
[01:05:21.140 --> 01:05:27.460]  So if we're in Pennsylvania, it's real simple, Leslie, what you're going to do is you're
[01:05:27.460 --> 01:05:36.580]  going to go to 13PA CSA, subsection 302, Diaz and Dog.
[01:05:36.580 --> 01:05:40.020]  Effective transfer of less than the entire instrument.
[01:05:40.020 --> 01:05:44.540]  The transfer purports to transfer less than the entire instrument.
[01:05:44.540 --> 01:05:46.740]  Negotiation of the instrument does not occur.
[01:05:46.740 --> 01:05:51.420]  The transfer obtains no rights under this division and has only the rights of a partial
[01:05:51.420 --> 01:05:52.420]  assignee.
[01:05:52.420 --> 01:05:53.420]  Okay.
[01:05:53.420 --> 01:06:06.980]  So if the tangible promissory note has an incomplete stamping paid to the order of with
[01:06:06.980 --> 01:06:14.300]  an unnamed party without recourse, okay?
[01:06:14.300 --> 01:06:22.220]  And we have a mortgage, all right, in the name of the servicer, all right?
[01:06:22.220 --> 01:06:25.900]  Now there's two separate parties.
[01:06:25.900 --> 01:06:32.380]  So in order for a person to come forth with an action, the named party must be on the
[01:06:32.380 --> 01:06:35.620]  payee line of the tangible promissory note.
[01:06:35.620 --> 01:06:41.540]  They must be named as party to the transferable record and they must be named on the security
[01:06:41.540 --> 01:06:42.540]  instrument.
[01:06:42.540 --> 01:06:45.740]  I have an interesting case.
[01:06:45.740 --> 01:06:46.740]  Okay.
[01:06:46.740 --> 01:06:56.340]  My mortgage was assigned from mortgage IT to sitting mortgage and I was in the middle
[01:06:56.340 --> 01:07:05.340]  of a court hearing with mortgage IT who said they have not had any interest in the property
[01:07:05.340 --> 01:07:09.580]  or the mortgage since 2007.
[01:07:09.580 --> 01:07:16.340]  The next day the mortgage was assigned in their name by MERS to sitting mortgage.
[01:07:16.340 --> 01:07:29.580]  And I filed a motion to amend the complaint to include sitting mortgage because they were
[01:07:29.580 --> 01:07:32.660]  now in the record.
[01:07:32.660 --> 01:07:40.620]  And I charged mortgage IT with fraud, fraud on the court because they said in court, open
[01:07:40.620 --> 01:07:45.260]  court that they had no interest in it and the very next day they are trying to know.
[01:07:45.260 --> 01:07:52.420]  Well I got a written reply to that, that mortgage IT had nothing whatsoever to do with that
[01:07:52.420 --> 01:07:55.100]  assignment of mortgage, nothing.
[01:07:55.100 --> 01:08:00.420]  Again, what was assigned?
[01:08:00.420 --> 01:08:07.860]  You need to ask what was assigned.
[01:08:07.860 --> 01:08:16.780]  So if you assigned the mortgage, which contained no conditions for collection, because they
[01:08:16.780 --> 01:08:23.100]  could not acquire rights, all they did is sign the mortgage.
[01:08:23.100 --> 01:08:27.820]  It contained no rights to enforce collection.
[01:08:27.820 --> 01:08:32.900]  Again, you could not acquire rights pursuant to 3203D.
[01:08:32.900 --> 01:08:37.860]  Exactly, that's one of the things I put in the amended complaint but the other thing
[01:08:37.860 --> 01:08:44.020]  is that they said right out in their response that they had nothing whatsoever to do with
[01:08:44.020 --> 01:08:45.020]  it.
[01:08:45.020 --> 01:08:48.860]  Okay, so then you're not a party and what are you doing here?
[01:08:48.860 --> 01:08:53.940]  Well exactly, that's what they're saying, we're not a party, what are we doing here?
[01:08:53.940 --> 01:08:56.940]  We're back standing in capacity, aren't we?
[01:08:56.940 --> 01:08:57.940]  Exactly.
[01:08:57.940 --> 01:09:05.900]  So now we're still in the quiet title, we have a hearing on Friday, next Friday, and
[01:09:05.900 --> 01:09:12.180]  I'm really excited about it because I found out so much more since then and I just can't
[01:09:12.180 --> 01:09:19.900]  wait because everything that I have in documentation and everything that I don't know how, they
[01:09:19.900 --> 01:09:26.260]  could not give me a quiet title and I feel like even if they don't and I lose the case,
[01:09:26.260 --> 01:09:31.420]  I lose my case, I can appeal and I still win because they never should have gotten it.
[01:09:31.420 --> 01:09:35.260]  I had a default judgment and they reopened the default judgment and they never should
[01:09:35.260 --> 01:09:36.260]  have.
[01:09:36.260 --> 01:09:41.620]  In regard to quiet title, I have learned something.
[01:09:41.620 --> 01:09:50.980]  If there is a dispute over the ownership of the property or monies owed on the underlying
[01:09:50.980 --> 01:09:57.220]  loan, you will not achieve quiet title, there is a way to get where you want to go and the
[01:09:57.220 --> 01:09:59.100]  banks don't want to go there.
[01:09:59.100 --> 01:10:04.620]  They can't go there themselves and that would be a super trespass to try title.
[01:10:04.620 --> 01:10:09.740]  In a super trespass to try title, the onus per bandai or the burden of proof is shifted
[01:10:09.740 --> 01:10:18.180]  upon the defendant to prove agency, standing, capacity and ownership of the documents.
[01:10:18.180 --> 01:10:23.900]  That's what that is here in Pennsylvania for quiet title, it takes care of all of that.
[01:10:23.900 --> 01:10:29.900]  It's like foreclosing on the bank.
[01:10:29.900 --> 01:10:34.060]  My point is you are going to have to show the judge that there is no dispute over any
[01:10:34.060 --> 01:10:35.060]  monies owed.
[01:10:35.060 --> 01:10:38.740]  If you can get there, then you can get to quiet title.
[01:10:38.740 --> 01:10:41.580]  That was my only point.
[01:10:41.580 --> 01:10:44.180]  We rescinded the mortgage under 15...
[01:10:44.180 --> 01:10:49.140]  Right, but they are still saying that there is money owed, that's why they are coming
[01:10:49.140 --> 01:10:50.140]  after the house.
[01:10:50.140 --> 01:10:57.620]  They are saying there is an obligation because until payment has been satisfied or discharged
[01:10:57.620 --> 01:11:04.100]  for payment in full, there is still an obligation.
[01:11:04.100 --> 01:11:10.980]  Because when you quiet the title, you quiet the title, but you do not quiet the obligation.
[01:11:10.980 --> 01:11:21.900]  Right, I would think you could get quiet title and that merely voids the mortgage or deed
[01:11:21.900 --> 01:11:22.900]  of trust.
[01:11:22.900 --> 01:11:29.820]  It doesn't in any way affect the debt that's owed, it just affects the way they don't get
[01:11:29.820 --> 01:11:36.700]  to come into court and express the privilege you granted in the document.
[01:11:36.700 --> 01:11:41.100]  Now they have to go back and do the regular routine like any other civil action.
[01:11:41.100 --> 01:11:47.420]  Right, and then they would come forth with the judicial action and put a lien or a judgment
[01:11:47.420 --> 01:11:49.060]  on that monetary amount.
[01:11:49.060 --> 01:11:56.340]  That's why, as Steve was saying, you need to get rid of that obligation first.
[01:11:56.340 --> 01:12:03.220]  When you get rid of the obligation, then there is no debt to attach your security instrument
[01:12:03.220 --> 01:12:04.220]  to.
[01:12:04.220 --> 01:12:08.100]  This is why when I discharge my debt obligation in D.K.
[01:12:08.100 --> 01:12:16.540]  Court, right, I discharge a tangible debt.
[01:12:16.540 --> 01:12:17.900]  That's what I discharge.
[01:12:17.900 --> 01:12:25.500]  So once my personal obligation was discharged, there is nothing for the security instrument
[01:12:25.500 --> 01:12:33.020]  to attach itself to, and with no properly secured party being listed into public record
[01:12:33.020 --> 01:12:41.940]  prior to my filing of D.K., again, a properly secured lien would survive a bankruptcy, but
[01:12:41.940 --> 01:12:46.620]  an unsecured debt will not survive a bankruptcy.
[01:12:46.620 --> 01:12:47.620]  Right.
[01:12:47.620 --> 01:12:49.620]  That makes sense.
[01:12:49.620 --> 01:12:57.780]  Yeah, because it's been separated and bifurcated and they've admitted that.
[01:12:57.780 --> 01:13:03.660]  So besides the fact that, like I said, we did rescind it.
[01:13:03.660 --> 01:13:08.940]  They did not respond within the 20 days that the law requires, and they did not file an
[01:13:08.940 --> 01:13:16.020]  objection within 20 days.
[01:13:16.020 --> 01:13:19.380]  Did they make a claim of lack of proper service?
[01:13:19.380 --> 01:13:20.380]  No.
[01:13:20.380 --> 01:13:21.380]  Okay.
[01:13:21.380 --> 01:13:24.980]  They don't have much of a leg to stand on then.
[01:13:24.980 --> 01:13:28.060]  This is the kind of thing you'll probably win an appeal.
[01:13:28.060 --> 01:13:29.060]  Yeah.
[01:13:29.060 --> 01:13:30.060]  Yeah.
[01:13:30.060 --> 01:13:31.060]  That's what I said.
[01:13:31.060 --> 01:13:35.140]  Well, I'll probably win an appeal because I had the default judgment begin with, and
[01:13:35.140 --> 01:13:38.220]  they never should have opened it.
[01:13:38.220 --> 01:13:42.700]  They broke all the rules of civil procedure in opening the case.
[01:13:42.700 --> 01:13:46.420]  You know, you had four legs to stand on, and they broke all four.
[01:13:46.420 --> 01:13:49.420]  Move for sanctions.
[01:13:49.420 --> 01:13:50.420]  Huh?
[01:13:50.420 --> 01:13:53.420]  Move for sanctions.
[01:13:53.420 --> 01:13:57.900]  Well, I'll do that after I get her all...
[01:13:57.900 --> 01:14:03.500]  Have you filed any criminal complaints, Leslie?
[01:14:03.500 --> 01:14:12.540]  Oh, I filed affidavit in with the FBI with regards to the four juries that I've discovered.
[01:14:12.540 --> 01:14:20.060]  But there's another case that I was working with that may also wind up with criminal charges
[01:14:20.060 --> 01:14:27.940]  because they not only forged the assignment and mortgage, they forged the original, and
[01:14:27.940 --> 01:14:33.820]  they filed a forgery into the court record of the original mortgage.
[01:14:33.820 --> 01:14:40.460]  I mean, the man signed with his wife to this mortgage in front of a notary.
[01:14:40.460 --> 01:14:45.260]  And when it was filed, by the time it got filed, it had only his signature on it, and
[01:14:45.260 --> 01:14:48.380]  the notary was from another state.
[01:14:48.380 --> 01:14:50.980]  An attorney is responsible for his pleadings.
[01:14:50.980 --> 01:14:51.980]  Candid towards tribunal.
[01:14:51.980 --> 01:14:52.980]  That's right.
[01:14:52.980 --> 01:14:55.980]  It's ABA rule 3.3.
[01:14:55.980 --> 01:14:59.300]  Brandy knows a little bit about that.
[01:14:59.300 --> 01:15:00.300]  Oh, yeah.
[01:15:00.300 --> 01:15:01.300]  That's...
[01:15:01.300 --> 01:15:02.300]  Okay.
[01:15:02.300 --> 01:15:11.180]  Well, ABA is really just a standard, but the courts have held that a lawyer may not trust
[01:15:11.180 --> 01:15:14.420]  the veracity of his client.
[01:15:14.420 --> 01:15:21.540]  He must investigate into the claims of his client because when he makes the claim, he's
[01:15:21.540 --> 01:15:23.740]  responsible for the claim he makes.
[01:15:23.740 --> 01:15:26.460]  That's why we have people...
[01:15:26.460 --> 01:15:32.860]  You want to sue the person who put their name on the last document you received.
[01:15:32.860 --> 01:15:42.620]  The one who claims to be initiating foreclosure for the bank, what do you really know?
[01:15:42.620 --> 01:15:47.500]  All you know is, is this person signed his name on this document, and he made these other
[01:15:47.500 --> 01:15:48.500]  claims.
[01:15:48.500 --> 01:15:49.500]  So we sue him.
[01:15:49.500 --> 01:15:50.500]  Say, who the heck are you?
[01:15:50.500 --> 01:15:55.820]  I never entered into the contract with you, I never entered into the contract with your
[01:15:55.820 --> 01:15:56.820]  principal.
[01:15:56.820 --> 01:15:57.820]  Prove it up.
[01:15:57.820 --> 01:16:00.340]  And if he's a lawyer, same thing.
[01:16:00.340 --> 01:16:01.340]  We like to sue the lawyer.
[01:16:01.340 --> 01:16:04.340]  They get real excited when we sue them.
[01:16:04.340 --> 01:16:05.340]  Yeah.
[01:16:05.340 --> 01:16:11.420]  I wanted to tell you too, I have a really interesting note on the note that I have.
[01:16:11.420 --> 01:16:22.620]  It was endorsed specifically to Citi Mortgage by the original lender, and it's dated June
[01:16:22.620 --> 01:16:25.820]  23rd, 2007.
[01:16:25.820 --> 01:16:31.300]  And then there's another stamp on that, Citi Mortgage in blank.
[01:16:31.300 --> 01:16:35.300]  And now Citi Mortgage is trying to come collect money from me, and I'm just saying, hey, you
[01:16:35.300 --> 01:16:36.300]  already got paid.
[01:16:36.300 --> 01:16:39.300]  What are you hollering about?
[01:16:39.300 --> 01:16:40.300]  Okay.
[01:16:40.300 --> 01:16:45.260]  Well, we've got a number of calls, we really need to move ahead Leslie, do you have anything
[01:16:45.260 --> 01:16:48.260]  else for the other side?
[01:16:48.260 --> 01:16:50.260]  No, nothing else tonight.
[01:16:50.260 --> 01:16:51.260]  Okay.
[01:16:51.260 --> 01:16:52.260]  Thank you, Leslie.
[01:16:52.260 --> 01:16:57.260]  This is Randy Kelton, Deborah Stevens, Wheel of Law Radio, or call in number 512-646-1984.
[01:16:57.260 --> 01:17:00.260]  We'll be right back.
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[01:19:22.260 --> 01:19:45.260]  No, I'll talk about another one.
[01:19:45.260 --> 01:19:52.260]  Okay, we are back, Randy Kelton, Debra Stevens with our radio, and Joe, did you want to make
[01:19:52.260 --> 01:19:55.260]  a comment before we go to Dave in Delaware?
[01:19:55.260 --> 01:19:58.260]  No, I'll listen to Dave in Delaware, see what he's got to say.
[01:19:58.260 --> 01:20:04.260]  Hello, Dave, what do you have for us today?
[01:20:04.260 --> 01:20:08.260]  Oh, I thought I was on the listening only line.
[01:20:08.260 --> 01:20:12.260]  Okay, let's pick up something real quick.
[01:20:12.260 --> 01:20:15.260]  Get a little closer to the mic.
[01:20:15.260 --> 01:20:20.260]  The signature is not your authorized signature because they failed to give us the full disclosure.
[01:20:20.260 --> 01:20:25.260]  They failed to provide us enough information or knowledge to form an intention to...
[01:20:25.260 --> 01:20:28.260]  Wait a minute, wait a minute, you started in the middle of something.
[01:20:28.260 --> 01:20:33.260]  Can you kind of give us a referential index?
[01:20:33.260 --> 01:20:40.260]  No, the definition of authorized signature, it has to be with knowledge and intention.
[01:20:40.260 --> 01:20:45.260]  And because they failed to provide us enough information or knowledge, there was no ability
[01:20:45.260 --> 01:20:53.260]  or capability to form an intent to consent or accept or refuse or deny or enter a plea or anything else.
[01:20:53.260 --> 01:21:03.260]  Any signature that they may claim or purport is on any document is not your authorized signature.
[01:21:03.260 --> 01:21:08.260]  It may be a signature, but it's not your authorized signature because it failed to have the full
[01:21:08.260 --> 01:21:12.260]  disclosure, so you did not have the intent for it to be authorized.
[01:21:12.260 --> 01:21:16.260]  Therefore, it must be an unauthorized signature.
[01:21:16.260 --> 01:21:24.260]  Yeah, but a signature on a document unchallenged is presumed to be valid.
[01:21:24.260 --> 01:21:27.260]  Or unauthorized signature document.
[01:21:27.260 --> 01:21:33.260]  Did you sign a document?
[01:21:33.260 --> 01:21:38.260]  You have to raise the issue, it's not your authorized signature because you did not have the full...
[01:21:38.260 --> 01:21:41.260]  No, let's go back to basics.
[01:21:41.260 --> 01:21:48.260]  Okay, again, did you sign a document, yes or no?
[01:21:48.260 --> 01:21:52.260]  Not intentionally, not knowingly.
[01:21:52.260 --> 01:21:54.260]  So then that was yes.
[01:21:54.260 --> 01:21:57.260]  Well, it's fraudulently obtained, so it's not valid.
[01:21:57.260 --> 01:22:07.260]  Okay, are you referring to signatures on documents generally or a specific case of a signature on a document?
[01:22:07.260 --> 01:22:09.260]  Generally, any signature that's not with...
[01:22:09.260 --> 01:22:17.260]  Okay, so you're saying that any signature on a document would have to have some supporting information
[01:22:17.260 --> 01:22:27.260]  like the power of attorney or an affidavit stating the person is who he is.
[01:22:27.260 --> 01:22:29.260]  That would go to acknowledgement.
[01:22:29.260 --> 01:22:36.260]  Wouldn't acknowledgement satisfy the conditions of a valid signature?
[01:22:36.260 --> 01:22:38.260]  Isn't that the purpose of an acknowledgement?
[01:22:38.260 --> 01:22:44.260]  If it does not include the information and knowledge, if they're secreting anything or misrepresenting anything,
[01:22:44.260 --> 01:22:47.260]  that's a fraudulent misrepresentation.
[01:22:47.260 --> 01:22:52.260]  That's what an acknowledgement does.
[01:22:52.260 --> 01:23:02.260]  In acknowledgement, the notary authenticates that the signature that's on the document
[01:23:02.260 --> 01:23:08.260]  was signed by the person that purports to be...
[01:23:08.260 --> 01:23:15.260]  The name is of the person who actually signed the document and they're required to swear under oath
[01:23:15.260 --> 01:23:20.260]  that everything on the document that they're affirming is true and correct to the best of their knowledge.
[01:23:20.260 --> 01:23:34.260]  That would seem to supply the support for the signature short of if the person is not signing in his own capacity,
[01:23:34.260 --> 01:23:45.260]  but rather signing for a fictional entity or for another person, then they would need...
[01:23:45.260 --> 01:23:49.260]  Only you know what's inside your brain and only you know what's inside your mind.
[01:23:49.260 --> 01:23:51.260]  That signature is not your authorized signature.
[01:23:51.260 --> 01:23:53.260]  I don't care if it is notarized.
[01:23:53.260 --> 01:23:56.260]  It's not authorized because it's not with the full disclosure.
[01:23:56.260 --> 01:24:04.260]  It was fraudulently induced by misrepresentation or omission, so it's not a valid signature.
[01:24:04.260 --> 01:24:07.260]  It's not your authorized signature.
[01:24:07.260 --> 01:24:14.260]  It must be an unauthorized signature, which is a forgery, and in law you cannot be held to a forged document.
[01:24:14.260 --> 01:24:27.260]  Oh, okay. To a forged document, you're referring to what was said before about someone's wife being named in forged over a document.
[01:24:27.260 --> 01:24:31.260]  All these bank documents, they never give us the full disclosure because of all their fraud.
[01:24:31.260 --> 01:24:36.260]  They don't want to, obviously, and all we have to point out is the fact that they did not.
[01:24:36.260 --> 01:24:38.260]  Therefore, it's an unauthorized signature.
[01:24:38.260 --> 01:24:49.260]  Okay. Well, okay. The implication you're giving here is that it is necessarily an insufficient affirmation.
[01:24:49.260 --> 01:24:55.260]  And under law, an affirmation unchallenged is presumed to be sufficient.
[01:24:55.260 --> 01:25:04.260]  We could certainly, if we had reason to challenge a signature, make a promulgation case to show that it's not valid,
[01:25:04.260 --> 01:25:11.260]  then they would have to supply what the requirements that you suggest.
[01:25:11.260 --> 01:25:18.260]  The challenge that implied consent is not implied if they withheld information, which they always do.
[01:25:18.260 --> 01:25:25.260]  So none of these signatures on any of these bank documents, none of them bear an authorized signature because there was no full disclosure.
[01:25:25.260 --> 01:25:32.260]  In fact, there was deception and misinformation, which invalidates the presumption that there was implied consent.
[01:25:32.260 --> 01:25:39.260]  Okay. There's another more direct issue concerning those signatures.
[01:25:39.260 --> 01:25:52.260]  Those signatures are by a living human being signing for a legal fiction, and that requires power of attorney.
[01:25:52.260 --> 01:26:01.260]  That's a real specific power of attorney would grant them that authority, but I've never seen power of attorney in Texas.
[01:26:01.260 --> 01:26:05.260]  It's in the probate code, or it was in the probate code.
[01:26:05.260 --> 01:26:09.260]  Next year it's moved to another place.
[01:26:09.260 --> 01:26:20.260]  But in Texas, probate code 489, it specifically states that anybody filing a document with the county registrar
[01:26:20.260 --> 01:26:30.260]  that affects title on real property, and they list all the documents that are authorized to be filed with the county registrar.
[01:26:30.260 --> 01:26:34.260]  That they must have evidence of power of attorney on the record.
[01:26:34.260 --> 01:26:39.260]  I have never seen evidence of power of attorney in the record.
[01:26:39.260 --> 01:26:47.260]  I think what today's going to is covered in the United States Supreme Court case, US v. Throckmorton,
[01:26:47.260 --> 01:26:58.260]  where it was decided by the United States Supreme Court that fraud viciates the most solemn contracts, documents, and even judgments.
[01:26:58.260 --> 01:27:11.260]  But the thing about what Dave is saying, it presupposes that all the acts by the banks are fraud on their face,
[01:27:11.260 --> 01:27:15.260]  so necessarily the signature is insufficient.
[01:27:15.260 --> 01:27:25.260]  I have found that to be almost totally the case, but that's not a presumption that I can make.
[01:27:25.260 --> 01:27:34.260]  And if a signature is on there and there is no evidence to indicate that it's not valid, then the courts are going to accept it as valid.
[01:27:34.260 --> 01:27:42.260]  That's why we have someone send a letter to the company asking them for evidence of power of attorney to sign.
[01:27:42.260 --> 01:27:48.260]  And that's why we have to protest the presumption that it is an authorized signature.
[01:27:48.260 --> 01:27:49.260]  Correct.
[01:27:49.260 --> 01:27:53.260]  And we claim that it is not authorized because of their defalcation and omissions.
[01:27:53.260 --> 01:28:00.260]  Yeah, we have to, but if we don't challenge it, if we don't raise the issue, then they're going to accept it as valid.
[01:28:00.260 --> 01:28:03.260]  Exactly.
[01:28:03.260 --> 01:28:06.260]  Act of essence is acceptance.
[01:28:06.260 --> 01:28:09.260]  Absolutely. Do you have anything else for us, Dave?
[01:28:09.260 --> 01:28:12.260]  No, that was the big issue tonight. Thank you.
[01:28:12.260 --> 01:28:22.260]  Okay, thank you, Dave. Okay, now we're going to go to Terrence in Ohio. Terrence, what do you have for us tonight?
[01:28:22.260 --> 01:28:24.260]  Oh, can you hear me all right, Randy?
[01:28:24.260 --> 01:28:27.260]  I can't hear a word you're saying.
[01:28:27.260 --> 01:28:29.260]  Oh, well, I'll speak.
[01:28:29.260 --> 01:28:33.260]  I love to do that. I lied. Yeah, I can hear you fine.
[01:28:33.260 --> 01:28:42.260]  I wanted to ask, I've got two questions, because what do you end up with?
[01:28:42.260 --> 01:28:55.260]  I buy a house from Bob, and he has a warranty deed, and he gets a realtor, and the realtor hooks me up with a mortgager, and I start paying, and all of a sudden I go into foreclosure.
[01:28:55.260 --> 01:29:03.260]  And I end up being able to prove that they've pulled a debt and there's no real person to pay.
[01:29:03.260 --> 01:29:12.260]  How do I end up having a house or a warranty deed that I can sell to anybody?
[01:29:12.260 --> 01:29:20.260]  And my second question is, my daughter is looking to buy a foreclosed home, which would be her first home.
[01:29:20.260 --> 01:29:27.260]  What kind of deed does she want to be trying to buy?
[01:29:27.260 --> 01:29:33.260]  I mean, can she really buy anything at all?
[01:29:58.260 --> 01:30:03.260]  What's black and white and has eyes all over?
[01:30:03.260 --> 01:30:12.260]  It's the latest creepy addition to the Ogden, Utah, police force, and it has frightening powers to observe and track citizens while itself going undetected.
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[01:30:45.260 --> 01:30:50.260]  It's a bird. It's a plane. No, it's Big Brother, and he's gotten mighty fat.
[01:30:50.260 --> 01:30:58.260]  In fact, he's turned into an unmanned surveillance blimp, and he's scheduled to track and monitor the citizens of Ogden, Utah, when he takes to the sky next year.
[01:30:58.260 --> 01:31:06.260]  The 52-foot-long airship will be equipped with high-tech cameras that can watch people like a hawk day and night for only $100 a month.
[01:31:06.260 --> 01:31:13.260]  The helium-filled blimp is cigar-shaped and moves silently at speeds of up to 40 miles per hour and an altitude of 400 feet.
[01:31:13.260 --> 01:31:15.260]  It's huge, it's cheap, and it's stealthy.
[01:31:15.260 --> 01:31:21.260]  The Belize Department couldn't be prouder of their cool new spying tool, but personally, I think it's full of hot air.
[01:31:21.260 --> 01:31:30.260]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
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[01:33:00.260 --> 01:33:10.260]  You are listening to the Logos Radio Network. LogosRadioNetwork.com.
[01:33:10.260 --> 01:33:31.260]  Okay, we are back. We're into talking to David Stevens from the Logos Radio and we're talking to Terence in Ohio.
[01:33:31.260 --> 01:33:36.260]  Okay, Terence, repeat your first question.
[01:33:36.260 --> 01:33:44.260]  My first question is, I'm buying a house from Bob for $100,000.
[01:33:44.260 --> 01:33:51.260]  And he gets a realtor to sell his house and the realtor arranges the mortgage company and everything.
[01:33:51.260 --> 01:33:56.260]  Bob gets his $100,000. I sign a promissory note.
[01:33:56.260 --> 01:34:06.260]  And the pay, too, is left blank because the mortgage company doesn't actually hand Bob $100,000, but it comes from somewhere.
[01:34:06.260 --> 01:34:10.260]  That's probably why it's left blank, because of the bankruptcy of the United States.
[01:34:10.260 --> 01:34:26.260]  And then I fall into default and it goes to the court system that they've sold it and bought it and sold it, but there's no one really for me to rightfully pay.
[01:34:26.260 --> 01:34:31.260]  So I went in in court that I don't have to pay anybody.
[01:34:31.260 --> 01:34:37.260]  Do I really end up with a warranty deed that started the whole thing?
[01:34:37.260 --> 01:34:40.260]  Do I end up with anything?
[01:34:40.260 --> 01:34:53.260]  Okay, I think what you're presuming is, is that if you eliminate the claim against the property, that you will also eliminate the debt.
[01:34:53.260 --> 01:35:15.260]  Mostly what we've talked about here is how to eliminate the promise you made to the seller or to the lender that you would pay them this money and the privilege you granted them of a claim against the property.
[01:35:15.260 --> 01:35:19.260]  We can eliminate the claim against the property.
[01:35:19.260 --> 01:35:25.260]  You can eliminate the note, but those are two totally separate things.
[01:35:25.260 --> 01:35:33.260]  To eliminate the note, you're going to have to go in and show fraud or something wrong with the claim.
[01:35:33.260 --> 01:35:44.260]  To eliminate the privilege that they have in a mortgage state, they have a privilege of going to court and suing the property.
[01:35:44.260 --> 01:35:54.260]  You grant them a claim against the property, and that gives them a way to ensure that you don't liquidate the property and maintain it and such.
[01:35:54.260 --> 01:36:05.260]  If it's a non-judicial state, you grant them a claim against the property and you grant a confessed judgment of the claim, so they don't even have to go into court.
[01:36:05.260 --> 01:36:20.260]  But if they breach a covenant of that, you can void the promises. They can't take advantage of those promises if they didn't follow all the rules.
[01:36:20.260 --> 01:36:22.260]  But the note is a different issue.
[01:36:22.260 --> 01:36:26.260]  Joe, you want to address this?
[01:36:26.260 --> 01:36:29.260]  I understand where he's going, all right?
[01:36:29.260 --> 01:36:39.260]  But there's something he has to understand. When you sign the promissory note, you sign a promise to pay.
[01:36:39.260 --> 01:36:48.260]  Now, regardless of whom you promise to pay, you need a promise.
[01:36:48.260 --> 01:36:55.260]  Now, I do understand that you're saying, well, the money wasn't given to me by the property on the note, correct?
[01:36:55.260 --> 01:37:06.260]  All right. What you can do is just you can make a request to your title company, and you're going to request what's called the escrow incoming wire transfer law.
[01:37:06.260 --> 01:37:19.260]  And it's a little paragraph, and it states the parties that transferred the money, where the money came from, what bank it came out of.
[01:37:19.260 --> 01:37:27.260]  It tells the party that requested the transfer, and it tells the party in the account where the money went.
[01:37:27.260 --> 01:37:42.260]  So, for example, I can look at my escrow incoming wire transfer law, and it says that this wirelock transfer originated from Macon, New York, Mellon.
[01:37:42.260 --> 01:37:53.260]  It was requested by copyrighted homeowners. It went to Fidelity National Title Company into bank account number XYZ.
[01:37:53.260 --> 01:38:00.260]  Now, bank in New York, Mellon is not on my note. They're not on my data trust.
[01:38:00.260 --> 01:38:14.260]  Irregardless, okay, transactions did take place. Whether or not we want to go into formalities and say, well, Joe, I never received a check.
[01:38:14.260 --> 01:38:22.260]  And yes, on line two of the note, it says, for a loan, I have received. And they're talking press heads.
[01:38:22.260 --> 01:38:34.260]  All right. I do understand all of that. But regardless, you signed a document promising to pay an obligation.
[01:38:34.260 --> 01:38:54.260]  So start from there. All right. Now, when the intangible goes into default, a third party will come forth to collect and enforce collection rights.
[01:38:54.260 --> 01:39:04.260]  What you need to do is to go back, are you a proper party to coming forth with these rights? And if so, how did you acquire those rights?
[01:39:04.260 --> 01:39:14.260]  Go back to the basics. If we're talking a tangible, promissory note, all right, so we're talking about an emotional instrument.
[01:39:14.260 --> 01:39:26.260]  We're going to go to Article 3. All right. So in Article 3, we're going to go to, all right, statutory requirements of a law.
[01:39:26.260 --> 01:39:40.260]  All right. So if you're talking Ohio, all right, then what you are in is you are in what's called the 1303.22.
[01:39:40.260 --> 01:39:52.260]  Transfer of instrument rights acquired by transfer, subsection D. Again, go to the root of what you're trying to articulate.
[01:39:52.260 --> 01:40:02.260]  Don't say, I don't owe anybody anything. Instead, say, I concur that there is an obligation that needs to be met.
[01:40:02.260 --> 01:40:12.260]  But are you the proper party to come forth to enforce these conditions over for payment? We'll deal with the debt obligation at another time.
[01:40:12.260 --> 01:40:23.260]  But today, let's talk about parties coming forth with this action. Separate them. Don't let them together.
[01:40:23.260 --> 01:40:33.260]  So you need to articulate the arguments for the note, the payment in a tangible, and the security instrument all at the same time.
[01:40:33.260 --> 01:40:40.260]  So yes, you're going to argue Article 3, Article 9. You're going to go to local laws and jurisdiction pursuant to COVID-16,
[01:40:40.260 --> 01:40:51.260]  governing laws, rules of separability. So you need to argue everything in parallel. Does that help?
[01:40:51.260 --> 01:41:04.260]  Yeah, I comprehend that. But so what I'm saying is nobody comes forward to the court that can claim that I'm the right one to be paid.
[01:41:04.260 --> 01:41:11.260]  To be paid or to enforce conditions over for enforcement?
[01:41:11.260 --> 01:41:22.260]  Do you fall under what's called BEAT, person entitled to enforce? That's what you have to ask.
[01:41:22.260 --> 01:41:33.260]  Be very specific. I mean, nail it down. What is the party coming forth saying?
[01:41:33.260 --> 01:41:49.260]  Are they coming forth saying, I'm coming forth with a foreclosure action? I'm coming forth with rights to enforce conditions over collection of a payment of a debt?
[01:41:49.260 --> 01:42:01.260]  What is the party coming forth? What are the claims being made? And then you're going to use their own documents against them.
[01:42:01.260 --> 01:42:10.260]  Okay. So it ends up that there's really nobody to enforce the document upon me.
[01:42:10.260 --> 01:42:11.260]  Okay.
[01:42:11.260 --> 01:42:24.260]  There's no truthful person that I can pay. I don't know the right words to use. But there's no person shows up to court that can actually claim that I have to pay them.
[01:42:24.260 --> 01:42:28.260]  Again, pay whom for what?
[01:42:28.260 --> 01:42:39.260]  There's two parties you're looking for here. Two specific parties. One, the holder in new course. Two, the real party in interest.
[01:42:39.260 --> 01:42:50.260]  You're going to look to the party that is named on the AE line of the note, and you're going to look at the party that is filed into public record.
[01:42:50.260 --> 01:43:02.260]  Those two parties must match the same name on the party that is claiming an interest of the transferable record.
[01:43:02.260 --> 01:43:09.260]  Because you need to claim all three parts, otherwise you only have a partial cost of action.
[01:43:09.260 --> 01:43:23.260]  So are you coming forth as owner and holder of the intangible promissory note, the party with the sole interest in the transferable record of the intangible payment stream,
[01:43:23.260 --> 01:43:30.260]  and the main party in the public record of mortgage as recorded in the county recorder's office?
[01:43:30.260 --> 01:43:38.260]  Because if you have all of those items, then yes, you are the proper party.
[01:43:38.260 --> 01:43:43.260]  Okay, hold on. We're about to go to break.
[01:43:43.260 --> 01:43:55.260]  This is Randy Kelton and Deborah Stevens of Woodrow Radio here with our special guest, Joe Escobar, blah, blah, blah, blah.
[01:43:55.260 --> 01:43:59.260]  We'll be right back.
[01:43:59.260 --> 01:44:03.260]  You feel tired when talking about important topics like money and politics?
[01:44:03.260 --> 01:44:04.260]  Sorry.
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[01:46:21.260 --> 01:46:48.260]  The people come down from the hill
[01:46:48.260 --> 01:46:58.260]  Into the city they will shuffle
[01:46:58.260 --> 01:47:06.260]  Many long nights, many strong thrills
[01:47:06.260 --> 01:47:14.260]  Land of comfort, land of scuffle
[01:47:14.260 --> 01:47:24.260]  Land of comfort, land of scuffle
[01:47:44.260 --> 01:47:53.260]  When the party goes into default, what is default and who defaults?
[01:47:53.260 --> 01:48:07.260]  So my answer on that would be the default is the intangible obligation, because that is the debt.
[01:48:07.260 --> 01:48:14.260]  That is the debt that is evidenced by the tangible promissory note.
[01:48:14.260 --> 01:48:28.260]  So again, we just really need to scrutinize, and again, with specificity and particularity, what it is that the parties that are coming forth, what are they claiming?
[01:48:28.260 --> 01:48:30.260]  What role are they claiming?
[01:48:30.260 --> 01:48:36.260]  When you understand the role, then you can attack by using your own documents.
[01:48:36.260 --> 01:48:38.260]  You don't need to create anything.
[01:48:38.260 --> 01:48:42.260]  We take their documents and just rip them apart.
[01:48:42.260 --> 01:48:47.260]  That is what we do better than anything else.
[01:48:47.260 --> 01:48:50.260]  If I can break in here.
[01:48:50.260 --> 01:48:53.260]  Terrence, you raised default, and we've been talking about default.
[01:48:53.260 --> 01:48:57.260]  Let's go to Lex Law dictionary, second pocket edition, and define default.
[01:48:57.260 --> 01:49:03.260]  It is a noun, the omission or failure to perform a literal or contractual duty.
[01:49:03.260 --> 01:49:06.260]  Question, who fell into dishonor first?
[01:49:06.260 --> 01:49:07.260]  Who was the first one to default?
[01:49:07.260 --> 01:49:11.260]  You or them on the intangible?
[01:49:11.260 --> 01:49:14.260]  Who was the first one to fall into dishonor?
[01:49:14.260 --> 01:49:19.260]  I believe it would be me if I stopped making payments.
[01:49:19.260 --> 01:49:24.260]  Okay, turn around and think the other direction now.
[01:49:24.260 --> 01:49:26.260]  I have a question for you.
[01:49:26.260 --> 01:49:33.260]  When you sat down at the closing table and you looked at the HUD 1 settlement statement,
[01:49:33.260 --> 01:49:40.260]  saw these fees on there, did the lender provide documentation to show that those fees were not
[01:49:40.260 --> 01:49:47.260]  otherwise forbidden to be charged by law, that the fees were for services actually rendered,
[01:49:47.260 --> 01:49:54.260]  that the amounts, that the services were necessary, that the amounts charged were reasonable,
[01:49:54.260 --> 01:49:59.260]  and that the lender did not take an undisclosed markup on those fees?
[01:49:59.260 --> 01:50:04.260]  If he didn't do that, the lender went into dishonor first.
[01:50:04.260 --> 01:50:07.260]  Right off the bat.
[01:50:07.260 --> 01:50:12.260]  So now where's your legal obligation to perform?
[01:50:12.260 --> 01:50:22.260]  Terrence, send me an email, randyatruvlawradio.com, and I'll send you a set of documents,
[01:50:22.260 --> 01:50:26.260]  the first of which is a notice of default.
[01:50:26.260 --> 01:50:30.260]  Just file it in the record.
[01:50:30.260 --> 01:50:31.260]  Okay.
[01:50:31.260 --> 01:50:32.260]  That'll be great fun.
[01:50:32.260 --> 01:50:34.260]  That'll get them hopping up and down.
[01:50:34.260 --> 01:50:39.260]  They'll want you to take it out there, and they'll have to follow suit.
[01:50:39.260 --> 01:50:44.260]  And then you ask them, who the heck are you, bubba?
[01:50:44.260 --> 01:50:48.260]  Then you find out all that information.
[01:50:48.260 --> 01:50:54.260]  Rule 17, the federal rules and procedure says that an action must be prosecuted in the name
[01:50:54.260 --> 01:50:57.260]  of a real party in interest.
[01:50:57.260 --> 01:51:00.260]  And there is no real party in interest.
[01:51:00.260 --> 01:51:04.260]  It's only a party that purports to be a real party in interest.
[01:51:04.260 --> 01:51:05.260]  Okay.
[01:51:05.260 --> 01:51:08.260]  Terrence, does that all make sense?
[01:51:08.260 --> 01:51:12.260]  Yeah, it does, but that leaves you with my second question with my daughter.
[01:51:12.260 --> 01:51:21.260]  If someone lost a house through the bank default on a mortgage and a foreclosure and she's...
[01:51:21.260 --> 01:51:23.260]  Ron?
[01:51:23.260 --> 01:51:25.260]  Ron, yeah, Ron.
[01:51:25.260 --> 01:51:31.260]  What kind of deed should she ask the mortgage company to provide for her?
[01:51:31.260 --> 01:51:35.260]  I mean, if they have a deed at all?
[01:51:35.260 --> 01:51:36.260]  Okay.
[01:51:36.260 --> 01:51:40.260]  What she would probably do is go to a title company and try to get title insurance,
[01:51:40.260 --> 01:51:46.260]  but they're going to exclude almost everything, everything that could be a problem.
[01:51:46.260 --> 01:51:57.260]  She might want to look at a contract with the seller where the seller agrees to indemnify the title.
[01:51:57.260 --> 01:52:00.260]  But even that's not likely to happen.
[01:52:00.260 --> 01:52:01.260]  Right.
[01:52:01.260 --> 01:52:04.260]  Look in the county record.
[01:52:04.260 --> 01:52:07.260]  Look at everything that's been filed in the record.
[01:52:07.260 --> 01:52:09.260]  Look at the redemption period.
[01:52:09.260 --> 01:52:14.260]  That party could still come forth just because the house was foreclosed upon.
[01:52:14.260 --> 01:52:16.260]  That doesn't mean there's no title.
[01:52:16.260 --> 01:52:18.260]  Odds are it's a clouded title.
[01:52:18.260 --> 01:52:24.260]  There's no true sale without a perfected lien, and you cannot perfect a lien under a clouded title.
[01:52:24.260 --> 01:52:33.260]  Every title in this country since 1999 has a huge black cloud hanging over.
[01:52:33.260 --> 01:52:36.260]  And there is no statute of limitations for fraud.
[01:52:36.260 --> 01:52:41.260]  But that doesn't mean she wouldn't have a remedy.
[01:52:41.260 --> 01:52:42.260]  True.
[01:52:42.260 --> 01:52:55.260]  If she can show by looking in the county record, if there's nothing obvious in the record that indicates a problem,
[01:52:55.260 --> 01:53:06.260]  then there's no less pendants or nothing glaring, then she can claim to be a bona fide purchaser.
[01:53:06.260 --> 01:53:14.260]  And if there were documents left out of the record, then she can go back and sue whoever sold it.
[01:53:14.260 --> 01:53:21.260]  And in a matter of fraud, you do not sue for the amount you were actually defrauded of.
[01:53:21.260 --> 01:53:29.260]  Based on the amount you would have been defrauded of had their fraud went to fruition, for instance, if she's paying off the house.
[01:53:29.260 --> 01:53:31.260]  But you don't sue for that amount either.
[01:53:31.260 --> 01:53:34.260]  You sue for triple.
[01:53:34.260 --> 01:53:43.260]  So if there's fraud that's not easily detected and the record looks clean, she can be a bona fide purchaser.
[01:53:43.260 --> 01:53:48.260]  And if a problem comes later, she can go back and she can show fraud on the part of the seller.
[01:53:48.260 --> 01:53:51.260]  She can go back and sue the seller for a loss.
[01:53:51.260 --> 01:53:59.260]  But that's a lot of stuff for somebody who's not really familiar with this sort of thing.
[01:53:59.260 --> 01:54:00.260]  I agree.
[01:54:00.260 --> 01:54:07.260]  But buy a good foreclosure these days is risky business.
[01:54:07.260 --> 01:54:08.260]  Okay.
[01:54:08.260 --> 01:54:14.260]  I would like time for Joe to kind of sum up today.
[01:54:14.260 --> 01:54:17.260]  Parents, do you have more questions for us?
[01:54:17.260 --> 01:54:18.260]  No.
[01:54:18.260 --> 01:54:19.260]  My daughter's younger.
[01:54:19.260 --> 01:54:20.260]  She's got time to learn.
[01:54:20.260 --> 01:54:21.260]  Yes.
[01:54:21.260 --> 01:54:23.260]  You don't want to learn real hard.
[01:54:23.260 --> 01:54:24.260]  Yeah.
[01:54:24.260 --> 01:54:25.260]  Good.
[01:54:25.260 --> 01:54:26.260]  Okay.
[01:54:26.260 --> 01:54:27.260]  Thank you.
[01:54:27.260 --> 01:54:28.260]  Okay.
[01:54:28.260 --> 01:54:35.260]  Joe, will you kind of sum up and tell everybody what you do, how they can get a hold of you?
[01:54:35.260 --> 01:54:36.260]  Sure.
[01:54:36.260 --> 01:54:51.260]  What I do is I do a chain of title analysis and I do use another product that I created called CODA, chain of title analysis.
[01:54:51.260 --> 01:54:59.260]  And if you'd like more information, you can go to mortgagecomplianceinvestigators.com.
[01:54:59.260 --> 01:55:05.260]  We are a private investigation company licensed by the Texas Department of Safety.
[01:55:05.260 --> 01:55:09.260]  So we are a licensed private investigation company.
[01:55:09.260 --> 01:55:13.260]  And you can check a sample of the photographs that I've created.
[01:55:13.260 --> 01:55:25.260]  And what those are are charts that show a simple solution using graphs, forms, and text to a complex problem.
[01:55:25.260 --> 01:55:46.260]  The judges can look at this one-page document and use that in conjunction with my analysis, which is a 20- to 30-page affidavit because the chart references the analysis, the analysis references chart.
[01:55:46.260 --> 01:55:54.260]  But it gives a simple layman's version of what was to happen.
[01:55:54.260 --> 01:55:57.260]  What did and what did not happen.
[01:55:57.260 --> 01:56:00.260]  It is very concise.
[01:56:00.260 --> 01:56:06.260]  I used the documents that the other party put out.
[01:56:06.260 --> 01:56:11.260]  So I thought specifically, this is what this says.
[01:56:11.260 --> 01:56:14.260]  This is where it says it.
[01:56:14.260 --> 01:56:15.260]  There are no guesses.
[01:56:15.260 --> 01:56:19.260]  It's all facts.
[01:56:19.260 --> 01:56:32.260]  So we had charts for any main, Friday Mac, with MERS, without MERS, with the sponsor, without a sponsor.
[01:56:32.260 --> 01:56:38.260]  If you had one assignment, two assignments, three assignments, four assignments.
[01:56:38.260 --> 01:56:46.260]  But what I'd like to tell everybody is take a hard look at your documentation and don't make any guesses.
[01:56:46.260 --> 01:56:51.260]  Go back to basic requirements of law.
[01:56:51.260 --> 01:56:57.260]  Law is required to be done on the part of the seller and the part of the buyer.
[01:56:57.260 --> 01:56:59.260]  And did that happen?
[01:56:59.260 --> 01:57:01.260]  Yes or no?
[01:57:01.260 --> 01:57:02.260]  Keep it simple.
[01:57:02.260 --> 01:57:08.260]  If you can't answer the question yes or no, then you need to go deeper.
[01:57:08.260 --> 01:57:11.260]  Is it already coming forth with an action?
[01:57:11.260 --> 01:57:16.260]  Is that the proper party, yes or no?
[01:57:16.260 --> 01:57:21.260]  Are they claiming to have an agency relationship, yes or no?
[01:57:21.260 --> 01:57:33.260]  Did they properly acquire the rights to enforce conditions over which to enforce collection of this obligation, yes or no?
[01:57:33.260 --> 01:57:42.260]  And say, yes, I had acquired this right. How did you acquire and what did you acquire and when did you acquire?
[01:57:42.260 --> 01:57:46.260]  We need to dive into the details.
[01:57:46.260 --> 01:57:49.260]  Don't just look at the outside of it.
[01:57:49.260 --> 01:57:54.260]  You're going to have to attach with full force.
[01:57:54.260 --> 01:58:05.260]  Randy and Steve both pay. The devil is in the details. If you don't know the details, you need to find out how do I get it done.
[01:58:05.260 --> 01:58:12.260]  Okay, we are about to close out tonight. Thank you, Joe. Thank you, Steve, for bringing him.
[01:58:12.260 --> 01:58:14.260]  Thank you for the opportunity.
[01:58:14.260 --> 01:58:18.260]  This is going to be one of our better shows. I really appreciate it.
[01:58:18.260 --> 01:58:27.260]  And if you didn't get Joe's contact information, if you will email me with a request, I will forward it to him.
[01:58:27.260 --> 01:58:31.260]  This is Randy Kelton, Debra Stevens, Rule of Law Radio.
[01:58:31.260 --> 01:58:39.260]  We'll be, Debra and Eddie will be back Monday on the traffic show and me and Debra will be back Thursday.
[01:58:39.260 --> 01:58:46.260]  And maybe we'll get Joe back on again soon because he's got a lot more information.
[01:58:46.260 --> 01:58:49.260]  Thank you for listening and good night.
[01:59:16.260 --> 01:59:20.260]  Or visit us online at bfa.org.
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[01:59:40.260 --> 01:59:49.260]  That's 888-551-0102 or visit us online at bfa.org.
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