ROL_2013-08-09_16k_Hr3-4.timecode

[00:00.000 --> 00:09.000]  You're listening to the Liberty Beats, your daily source for Liberty news and activist
[00:09.000 --> 00:15.460]  updates, online at BeedLibertyBeats.com.
[00:15.460 --> 00:20.000]  John Bush here with your Liberty Beat for Friday, August 9th, 2013.
[00:20.000 --> 00:28.000]  Gold opened today at $1,309, silver at $20.23, and Bitcoin is trading at $92.25.
[00:28.000 --> 00:32.000]  Support for the Liberty Beat comes from Carmacazi Productions, the production house for the
[00:32.000 --> 00:37.000]  new Sovereign Living Show, specializing in high-quality audio recording and video production
[00:37.000 --> 00:43.000]  for the Liberty Movement, online at Carmacazi.tv, and from Central Texas Gunworks, CHL Force
[00:43.000 --> 00:48.000]  and self-defense training and firearm sales, online at CentralDexasGunworks.com.
[00:48.000 --> 00:50.000]  And now the news.
[00:50.000 --> 00:55.000]  A law enforcement-sensitive force protection alert has been issued by the Texas military
[00:55.000 --> 01:00.000]  forces, citing the possibility of random terrorist attacks taking place in Austin, Texas, on
[01:00.000 --> 01:02.000]  or about August 8th through the 9th.
[01:02.000 --> 01:07.000]  The leaked report goes on to say, the Austin group plans to plant backpack-style bombs
[01:07.000 --> 01:12.000]  on 6th Street on either August 8th or 9th, and the group plans to attack a school and
[01:12.000 --> 01:17.000]  theological seminary in the downtown Austin area and complete the attack with operations
[01:17.000 --> 01:19.000]  at the Austin-Bergstrom International Airport.
[01:19.000 --> 01:24.000]  The threat assessment coincides with planned homeland security drills set to be taking
[01:24.000 --> 01:26.000]  place in Austin throughout the month of August.
[01:26.000 --> 01:31.000]  KXAN reported on Wednesday that multiple law enforcement agencies will be taking part in
[01:31.000 --> 01:34.000]  homeland security exercises in Austin over the next few weeks.
[01:34.000 --> 01:39.000]  Austin residents are reporting the sighting of military helicopters flying low over rooftops.
[01:39.000 --> 01:44.000]  It remains to be seen whether the terror alert is related to the homeland security drills.
[01:44.000 --> 01:48.000]  The Liberty Vita is awaiting response to an open records request put into the Austin Police
[01:48.000 --> 01:50.000]  Department regarding the drills.
[01:50.000 --> 01:54.000]  Austinites are curious as to why the public was not alerted to the details regarding the
[01:54.000 --> 01:59.000]  alleged terror threat, which is described as random, yet includes many details on potential
[01:59.000 --> 02:00.000]  targets.
[02:00.000 --> 02:04.000]  The Austin American statesman ran a story stating there existed a threat downtown, but
[02:04.000 --> 02:06.000]  did not divulge any details.
[02:06.000 --> 02:09.000]  Austinites are encouraged to remain vigilant and keep an eye out for terrorist activity
[02:09.000 --> 02:13.000]  stemming from private terrorist groups or government terrorists.
[02:13.000 --> 02:16.000]  We'll keep you in the loop as this story unfolds.
[02:16.000 --> 02:24.000]  A groundbreaking new marijuana legalization bill has passed Uruguay's House and is now
[02:24.000 --> 02:25.000]  up for vote in the Senate.
[02:25.000 --> 02:29.000]  The bill would establish guidelines for the production, distribution, and sale of cannabis
[02:29.000 --> 02:30.000]  to adult consumers.
[02:30.000 --> 02:35.000]  The bill has been reported to fix the price of marijuana to around $2.50 per gram.
[02:35.000 --> 02:40.000]  If the measure becomes law, it would establish a system similar to the Netherlands or Portugal,
[02:40.000 --> 02:44.000]  although the Uruguay bill provides for government control over the entire marijuana industry
[02:44.000 --> 02:46.000]  from cultivation to consumption.
[02:46.000 --> 02:50.000]  Individual citizens, cooperatives, and private companies can grow a specified amount of
[02:50.000 --> 02:55.000]  marijuana each month, but it may only be sold to consumers by state-run pharmacies.
[02:55.000 --> 03:15.000]  Support for the Liberty Beat comes from Texans for Accountable Government.
[03:15.000 --> 03:26.000]  I received my remedy today, it came in a box just like they say, I accept it for value
[03:26.000 --> 03:32.000]  right away, it's not true, not later.
[03:32.000 --> 03:39.000]  We are originators and the pathway seems to get straighter every day.
[03:39.000 --> 03:46.000]  And I can take anything that belongs to me and put it to good use.
[03:46.000 --> 03:54.000]  But I was good for the gander, don't work with the fools.
[03:54.000 --> 04:05.000]  I know some architects, I know some engineers, they've seen the evidence.
[04:05.000 --> 04:18.000]  Okay, we are back, Randy Kelton, Debra Stevens, Wheel of Law Radio, and we're talking to Dave
[04:18.000 --> 04:19.000]  in Delaware.
[04:19.000 --> 04:24.000]  Dave, I really need to move along, I've got more callers on the board at one time than
[04:24.000 --> 04:26.000]  I think I've ever had.
[04:26.000 --> 04:31.000]  Okay, the thing is the fact that the state is holding the MSO, when they issue a ticket
[04:31.000 --> 04:35.000]  they should be issuing it to the owner, not to you and I, they should issue the ticket
[04:35.000 --> 04:39.000]  to the department of motor vehicles that's holding the MSO.
[04:39.000 --> 04:43.000]  Well, I don't know, the MSO goes to commercial.
[04:43.000 --> 04:47.000]  Well, that's the owner, the state is the owner, so the owner should be paying the ticket,
[04:47.000 --> 04:49.000]  not you and I.
[04:49.000 --> 04:59.000]  Well, that would be if it was registration or the non-moving type equipment violations,
[04:59.000 --> 05:02.000]  that should go to the owner.
[05:02.000 --> 05:05.000]  So we should send those to the state.
[05:05.000 --> 05:09.000]  If they're holding ownership, then they need to take care of that for me.
[05:09.000 --> 05:12.000]  Right, they should pay us for upgrading their car too.
[05:12.000 --> 05:14.000]  Send them a bill for the labor.
[05:14.000 --> 05:19.000]  That's a good idea, we'll bill them, bill them for maintaining their equipment.
[05:19.000 --> 05:22.000]  Keep on keeping on.
[05:22.000 --> 05:24.000]  Okay, thank you, Dave.
[05:24.000 --> 05:26.000]  You're welcome, talk to you later, bye-bye.
[05:26.000 --> 05:31.000]  We are going to Ms. Francis in Colorado.
[05:31.000 --> 05:33.000]  Hello, Ms. Francis.
[05:33.000 --> 05:35.000]  Hi, Randy.
[05:35.000 --> 05:37.000]  How are you doing?
[05:37.000 --> 05:39.000]  Well, I'm all right.
[05:39.000 --> 05:42.000]  I have a question that's not real estate related.
[05:42.000 --> 05:44.000]  Okay.
[05:44.000 --> 05:49.000]  Okay, so basically we had a case that went through and it was with my husband
[05:49.000 --> 05:52.000]  and his mother who has dementia.
[05:52.000 --> 05:55.000]  And I'll just try to be real quick because I know there's so many callers.
[05:55.000 --> 06:00.000]  So the girlfriend and the brother eloped the mother in order to steal her money.
[06:00.000 --> 06:02.000]  And so everybody...
[06:02.000 --> 06:03.000]  Okay, back up.
[06:03.000 --> 06:06.000]  You used that in your emails, in your Skypes,
[06:06.000 --> 06:10.000]  and I wasn't sure exactly what you meant by eloped the mother.
[06:10.000 --> 06:14.000]  Does that mean absconded with her or moved her from one place to another?
[06:14.000 --> 06:16.000]  Yes, moved her from one place to another.
[06:16.000 --> 06:19.000]  She was in assisted living and she had taken a fall,
[06:19.000 --> 06:24.000]  and she was in rehabilitation for a broken femur and she's fairly frail.
[06:24.000 --> 06:29.000]  And the doctor hadn't released her and she had been there for several months.
[06:29.000 --> 06:34.000]  And they, you know, they kind of wound it all up
[06:34.000 --> 06:38.000]  and started accusing my husband of taking her money and he wasn't doing that.
[06:38.000 --> 06:42.000]  And then they got the assisted living to turn off her brake foot.
[06:42.000 --> 06:43.000]  Okay.
[06:43.000 --> 06:44.000]  Okay, hold on.
[06:44.000 --> 06:45.000]  They...
[06:45.000 --> 06:47.000]  She was in Florida at the time?
[06:47.000 --> 06:50.000]  No, she was in South Dakota.
[06:50.000 --> 06:51.000]  Okay, South Dakota.
[06:51.000 --> 06:52.000]  Okay, good.
[06:52.000 --> 06:58.000]  Florida is absolutely notorious for getting people into an assisted living
[06:58.000 --> 07:04.000]  and then stealing, using that as an excuse to swallow their entire estate.
[07:04.000 --> 07:07.000]  So that apparently wasn't the case here.
[07:07.000 --> 07:14.000]  This is a brother and his girlfriend trying to swallow the mother's estate.
[07:14.000 --> 07:16.000]  Yes.
[07:16.000 --> 07:22.000]  And so when they did that, it was the last day of September of last year,
[07:22.000 --> 07:25.000]  and Galen was my husband's power of attorney.
[07:25.000 --> 07:29.000]  And so we knew what was going on because they'd been rumbling
[07:29.000 --> 07:32.000]  and doing all this and accusing and all this kind of jazz, you know,
[07:32.000 --> 07:37.000]  kind of trying to, you know, the best defense is a good offense or whatever.
[07:37.000 --> 07:44.000]  And so when she got home and they coached her to call the home
[07:44.000 --> 07:48.000]  and say, I'm not coming back, they called Galen because he was, you know,
[07:48.000 --> 07:49.000]  power of attorney.
[07:49.000 --> 07:52.000]  And we faxed the bank and said, freeze the accounts.
[07:52.000 --> 07:53.000]  We have power of attorney.
[07:53.000 --> 07:54.000]  Do not...
[07:54.000 --> 07:55.000]  This is what has happened.
[07:55.000 --> 07:57.000]  And she's been taken and she's, you know,
[07:57.000 --> 07:58.000]  and then they had her in undue influence.
[07:58.000 --> 07:59.000]  She couldn't cook her meal.
[07:59.000 --> 08:01.000]  She couldn't even go to the bathroom on her own.
[08:01.000 --> 08:07.000]  She, you know, has diapers and she has dementia and she has no discernment.
[08:07.000 --> 08:10.000]  And, you know, everybody was kind of, you know,
[08:10.000 --> 08:12.000]  the police really didn't do too much.
[08:12.000 --> 08:17.000]  And there were attorneys involved previous to that because the brother had found
[08:17.000 --> 08:20.000]  statements that the mother had a little bit of money, not much,
[08:20.000 --> 08:28.000]  $200,000 in investments and probably $60,000 and $50,000 or $60,000 in the bank.
[08:28.000 --> 08:32.000]  So anyway, we had never been able to get a full accounting
[08:32.000 --> 08:35.000]  of what was taken out of those bank accounts.
[08:35.000 --> 08:39.000]  We suspected, but we couldn't prove, and the attorneys would not cooperate with us.
[08:39.000 --> 08:42.000]  I mean, we had an attorney and they had an attorney.
[08:42.000 --> 08:47.000]  And what ended up happening was Galen lost his power of attorney.
[08:47.000 --> 08:50.000]  Galen has been named the guardian,
[08:50.000 --> 08:55.000]  and then there's a banker attorney named conservator.
[08:55.000 --> 08:57.000]  Okay, so that's where we are right now.
[08:57.000 --> 09:00.000]  At the beginning of this week, like three or four days ago,
[09:00.000 --> 09:04.000]  the brother passed away on the 5th of July,
[09:04.000 --> 09:08.000]  and the bank statement came for his account and he was completely indigent,
[09:08.000 --> 09:11.000]  alcoholic, never had two nickels to rub together.
[09:11.000 --> 09:16.000]  He has over $30,000 in a bank account.
[09:16.000 --> 09:22.000]  Is that probable cause to go back in and have it investigated?
[09:22.000 --> 09:28.000]  I would look at petitioning the court for an audit.
[09:28.000 --> 09:31.000]  Okay, so we went to the attorney today and he won't do anything.
[09:31.000 --> 09:34.000]  So petition the court for an audit?
[09:34.000 --> 09:39.000]  Yeah, do I agree with the attorney, sue the attorney for malpractice,
[09:39.000 --> 09:41.000]  petition the court for an audit?
[09:41.000 --> 09:46.000]  Do you still have an attorney that's your attorney?
[09:46.000 --> 09:52.000]  Well, it was Galen's attorney on behalf of his mother.
[09:52.000 --> 09:56.000]  But yes, his mother was paying him, though.
[09:56.000 --> 10:00.000]  So they've all got their hands in this money.
[10:00.000 --> 10:01.000]  That's always the case.
[10:01.000 --> 10:06.000]  The lawyers look at the estate and see how much they think they can swallow.
[10:06.000 --> 10:07.000]  Yeah.
[10:07.000 --> 10:13.000]  So if the attorney, if you have reason to believe that he's failing to properly adjudicate the case,
[10:13.000 --> 10:19.000]  bar grieving the father, send him a notice of suit, a tort letter,
[10:19.000 --> 10:23.000]  and petition the court directly for an audit.
[10:23.000 --> 10:31.000]  Now, that's something that no one would essentially be able to effectively argue against.
[10:31.000 --> 10:33.000]  Okay.
[10:33.000 --> 10:39.000]  You make your allegations of what you perceive to be wrongdoing,
[10:39.000 --> 10:44.000]  and you obviously won't accuse the lawyers of churning the case
[10:44.000 --> 10:50.000]  and attempting to swallow the estate themselves through false attorney fees
[10:50.000 --> 10:56.000]  and ask for a full audit of her estate.
[10:56.000 --> 10:57.000]  Okay.
[10:57.000 --> 11:00.000]  And you might want to ask for the audit back some,
[11:00.000 --> 11:10.000]  because if Galen had power of attorney and told the banks to freeze her accounts,
[11:10.000 --> 11:14.000]  were the banks aware of his power of attorney?
[11:14.000 --> 11:15.000]  Yes, they were.
[11:15.000 --> 11:20.000]  And he made a, we faxed an email on it that Sunday evening,
[11:20.000 --> 11:22.000]  and we followed up with a phone call on Monday morning,
[11:22.000 --> 11:25.000]  and they have just absolutely stonewalled.
[11:25.000 --> 11:26.000]  Good.
[11:26.000 --> 11:35.000]  Send them a, okay, wait, once whatever's going on here ends, no, wait, hold on.
[11:35.000 --> 11:37.000]  Depends on how long this goes on.
[11:37.000 --> 11:41.000]  You might send a tort letter to the bank notifying them
[11:41.000 --> 11:47.000]  that this amount of money was taken from these accounts
[11:47.000 --> 11:52.000]  after you ordered them to freeze the accounts and they failed to do so.
[11:52.000 --> 11:55.000]  This amount of money has disappeared.
[11:55.000 --> 12:00.000]  Make the account hold to be sued.
[12:00.000 --> 12:06.000]  And that might get the banks in a position where they're going to want to step in
[12:06.000 --> 12:09.000]  and try to get this straightened out and get your money back
[12:09.000 --> 12:13.000]  so you don't take it away from them.
[12:13.000 --> 12:15.000]  Okay, well, we need to verify.
[12:15.000 --> 12:20.000]  How do we verify that, you know, the source of the money,
[12:20.000 --> 12:24.000]  I guess if we go back and do we audit all of Mrs. Amerson's accounts
[12:24.000 --> 12:29.000]  because we don't even know where, this other banker has, she's...
[12:29.000 --> 12:30.000]  That's the bank's problem.
[12:30.000 --> 12:34.000]  The person with power of attorney ordered the banks to freeze the accounts.
[12:34.000 --> 12:36.000]  They refused.
[12:36.000 --> 12:40.000]  So their problem, not your problem.
[12:40.000 --> 12:43.000]  Okay, but we can't audit the brother's account as well.
[12:43.000 --> 12:45.000]  I mean, we're going to audit hers, but I don't know where the money went.
[12:45.000 --> 12:49.000]  We don't even know, we don't know what went into the conservator.
[12:49.000 --> 12:51.000]  They will not get...
[12:51.000 --> 12:52.000]  Okay, wait, wait.
[12:52.000 --> 12:56.000]  You can't audit the brother's account yet.
[12:56.000 --> 12:57.000]  Okay.
[12:57.000 --> 13:03.000]  When the audit on the mother's account shows a withdrawal by the brother,
[13:03.000 --> 13:06.000]  that will lead you to the brother's account.
[13:06.000 --> 13:08.000]  Okay.
[13:08.000 --> 13:10.000]  You just have to kind of follow the trail,
[13:10.000 --> 13:16.000]  and I'm sure the judge when he authorizes a full audit
[13:16.000 --> 13:21.000]  that the auditor will be able to follow the trail wherever it leads.
[13:21.000 --> 13:23.000]  Okay.
[13:23.000 --> 13:26.000]  But as far as you're concerned,
[13:26.000 --> 13:31.000]  if Galen with power of attorney ordered the banks to freeze the accounts
[13:31.000 --> 13:38.000]  and they didn't do it, then they're the ones responsible.
[13:38.000 --> 13:39.000]  That's what I've always thought,
[13:39.000 --> 13:43.000]  but the attorney has not ever been willing to go down that path.
[13:43.000 --> 13:49.000]  And then my next question is, with his guardianship, the brother is gone.
[13:49.000 --> 13:52.000]  He wants to move her from South Dakota to Colorado.
[13:52.000 --> 13:59.000]  And so he and his mother are on the title of her house, of her trailer house,
[13:59.000 --> 14:01.000]  and it's titled...
[14:01.000 --> 14:02.000]  Wait a minute.
[14:02.000 --> 14:03.000]  Hold on.
[14:03.000 --> 14:05.000]  The pronouns are getting me.
[14:05.000 --> 14:07.000]  Okay.
[14:07.000 --> 14:09.000]  Galen wants to move her to Colorado?
[14:09.000 --> 14:10.000]  Correct.
[14:10.000 --> 14:11.000]  And he's guardian.
[14:11.000 --> 14:12.000]  Okay.
[14:12.000 --> 14:16.000]  Galen's name is also on the house?
[14:16.000 --> 14:17.000]  Yes.
[14:17.000 --> 14:18.000]  And it's or.
[14:18.000 --> 14:21.000]  It's Joyce or Galen.
[14:21.000 --> 14:22.000]  Okay.
[14:22.000 --> 14:23.000]  So he would have power.
[14:23.000 --> 14:26.000]  He would have authority to do what he wanted to with the house.
[14:26.000 --> 14:29.000]  Okay.
[14:29.000 --> 14:37.000]  And so when the house is sold, do we put 50% back into her account?
[14:37.000 --> 14:43.000]  If it says or, I don't see any reason to do that.
[14:43.000 --> 14:44.000]  Okay.
[14:44.000 --> 14:46.000]  So here's what's going on with that.
[14:46.000 --> 14:48.000]  You sell the house, put it in your account,
[14:48.000 --> 14:54.000]  and if somebody else believes it should go and you notice the court of where it is,
[14:54.000 --> 14:57.000]  then if someone has an objection, they can raise that objection,
[14:57.000 --> 15:00.000]  and then I can adjudicate it before the court.
[15:00.000 --> 15:01.000]  Okay.
[15:01.000 --> 15:07.000]  Because the conservator has been over to the house talking to the nephew who had to move out today,
[15:07.000 --> 15:12.000]  and Galen took off out of there because there was a notice to call this conservator
[15:12.000 --> 15:14.000]  and then call the sheriff, and I said, get out of there.
[15:14.000 --> 15:16.000]  Just get out of there.
[15:16.000 --> 15:17.000]  So we have no idea.
[15:17.000 --> 15:22.000]  She's sniffing around, and he also moved her automobile today
[15:22.000 --> 15:25.000]  because she's just adamant about her automobile not being sold,
[15:25.000 --> 15:28.000]  and this conservator wants to sell the automobile.
[15:28.000 --> 15:34.000]  She's not talking to Joyce, and even with dementia, that automobile is so important.
[15:34.000 --> 15:36.000]  So how do we deal with that?
[15:36.000 --> 15:37.000]  We put it on a car case.
[15:37.000 --> 15:42.000]  File a motion with the court for a restraining order,
[15:42.000 --> 15:44.000]  restraining the auditor from selling the automobile.
[15:44.000 --> 15:46.000]  How much is the automobile worth?
[15:46.000 --> 15:47.000]  I don't know.
[15:47.000 --> 15:48.000]  Is it real valuable?
[15:48.000 --> 15:57.000]  Five Buick, probably, I don't know, eight, five, to 2,000 Buick LeSabre.
[15:57.000 --> 15:58.000]  Wait a minute.
[15:58.000 --> 15:59.000]  What was it?
[15:59.000 --> 16:01.000]  A 67 LeSabre?
[16:01.000 --> 16:04.000]  No, it's a 2,500.
[16:04.000 --> 16:05.000]  Oh, okay.
[16:05.000 --> 16:07.000]  So maybe 4,000 or 5,000.
[16:07.000 --> 16:14.000]  Ask the court for a restraining order to restrict them from selling the automobile
[16:14.000 --> 16:20.000]  so long as the mother's alive, that this is important to her
[16:20.000 --> 16:23.000]  and it's important to her emotional well-being,
[16:23.000 --> 16:28.000]  and it's not of enough value to be important to the estate,
[16:28.000 --> 16:36.000]  and it can be liquidated if she passes away and there's no great harm.
[16:36.000 --> 16:39.000]  That should not be hard to get a judge to do.
[16:39.000 --> 16:42.000]  Okay, all right.
[16:42.000 --> 16:44.000]  Okay, hang on.
[16:44.000 --> 16:45.000]  We're about to go to break.
[16:45.000 --> 16:49.000]  This is Randy Kelton, Debra Stevens, Rule of Law Radio.
[16:49.000 --> 16:54.000]  Our call-in number, 512-646-1984, Leslie Orma Terrence.
[16:54.000 --> 16:55.000]  So see you there.
[16:55.000 --> 17:23.000]  We'll pick you up when we get back.
[17:25.000 --> 17:29.000]  I want to know for sure.
[17:29.000 --> 17:31.000]  So come on,
[17:31.000 --> 17:34.000]  nutrify me.
[17:34.000 --> 17:37.000]  I love you.
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[18:45.000 --> 18:47.000]  and click on the blue Michael Mears banner
[18:47.000 --> 18:50.000]  or email MichaelMears at yahoo.com.
[18:50.000 --> 18:52.000]  That's RuleOfLawRadio.com
[18:52.000 --> 18:58.000]  or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com
[18:58.000 --> 19:02.000]  to learn how to stop debt collectors now.
[19:02.000 --> 19:06.000]  You are listening to the Logos Radio Network,
[19:06.000 --> 19:13.000]  the LogosRadioNetwork.com.
[19:13.000 --> 19:28.000]  Thank you very much.
[19:43.000 --> 19:58.000]  Thank you.
[19:58.000 --> 20:13.000]  Thank you.
[20:13.000 --> 20:28.000]  Thank you.
[20:28.000 --> 20:29.000]  Okay, we are back.
[20:29.000 --> 20:31.000]  Randy Kelton, Deborah Stevens, Rule of Law Radio,
[20:31.000 --> 20:35.000]  and we're talking to Francis in Colorado.
[20:35.000 --> 20:37.000]  Okay, was there something else?
[20:37.000 --> 20:39.000]  Is the car pretty well handled?
[20:39.000 --> 20:43.000]  Does that sound like it would resolve that situation?
[20:43.000 --> 20:44.000]  Well, I hope so,
[20:44.000 --> 20:46.000]  but the thing is we need to get rid of the conservator.
[20:46.000 --> 20:48.000]  There was no reason for her to be there.
[20:48.000 --> 20:49.000]  It was all based on lies.
[20:49.000 --> 20:52.000]  So can we file a motion to vacate the conservatorship
[20:52.000 --> 20:56.000]  at the same time that we file it with the court to audit the money?
[20:56.000 --> 20:57.000]  Absolutely, absolutely.
[20:57.000 --> 20:59.000]  Can we file them both at the same time?
[20:59.000 --> 21:05.000]  The conservator is just building the estate
[21:05.000 --> 21:07.000]  and depleting the estate,
[21:07.000 --> 21:10.000]  and the conservator is trying to sell the car,
[21:10.000 --> 21:12.000]  which would be harmful to the mother
[21:12.000 --> 21:15.000]  without regard to the mother's middle condition.
[21:15.000 --> 21:19.000]  We come up with something that sounds good
[21:19.000 --> 21:24.000]  and something that only sounds like you're trying to act
[21:24.000 --> 21:27.000]  to the best benefit of the mother,
[21:27.000 --> 21:30.000]  and good chance you won't have.
[21:30.000 --> 21:32.000]  This is much of a problem.
[21:32.000 --> 21:34.000]  Your brother, who was creating the contention,
[21:34.000 --> 21:37.000]  he's not in the picture anymore,
[21:37.000 --> 21:40.000]  so there's really no contention here.
[21:40.000 --> 21:49.000]  There's just a number of people trying to do what's best for this person.
[21:49.000 --> 21:50.000]  Right.
[21:50.000 --> 21:52.000]  The problem is we've got lawyers in the mix,
[21:52.000 --> 21:55.000]  and they're trying to do what's best for lawyers.
[21:55.000 --> 21:56.000]  That's true.
[21:56.000 --> 21:58.000]  Well, and we just want his power of attorney reinstated
[21:58.000 --> 22:01.000]  in the conservatorship to be vacated
[22:01.000 --> 22:04.000]  because all of it was based on them telling the mother
[22:04.000 --> 22:07.000]  that Galen stole the $40,000,
[22:07.000 --> 22:11.000]  and meanwhile, back at the ranch, the brother stole the $40,000.
[22:11.000 --> 22:12.000]  So it was all based on that.
[22:12.000 --> 22:13.000]  Yes.
[22:13.000 --> 22:17.000]  So if you ask for an audit to prove up where the money went to,
[22:17.000 --> 22:24.000]  then that would negate the reason for appointing the conservator
[22:24.000 --> 22:27.000]  and ask to reinstate.
[22:27.000 --> 22:29.000]  That should not be too difficult.
[22:29.000 --> 22:32.000]  Okay. Thank you, my kind sir.
[22:32.000 --> 22:35.000]  You are most welcome.
[22:35.000 --> 22:36.000]  Okay.
[22:36.000 --> 22:45.000]  Now we are going to go to the one and only Grandma Leslie.
[22:45.000 --> 22:47.000]  Hello, Ms. Leslie.
[22:47.000 --> 22:49.000]  Hi. How are you?
[22:49.000 --> 22:51.000]  I am good.
[22:51.000 --> 22:54.000]  How are things going in Pennsylvania?
[22:54.000 --> 23:02.000]  Okay. On the Postal Service, what I do is I first got an account
[23:02.000 --> 23:05.000]  with the United States Postal Service online.
[23:05.000 --> 23:07.000]  It's USPS.com.
[23:07.000 --> 23:09.000]  And when I go into the post office,
[23:09.000 --> 23:12.000]  I picked up a whole pile of these priority meal flat rate
[23:12.000 --> 23:16.000]  mailing envelopes, and you can go online
[23:16.000 --> 23:24.000]  and you print out your flat rate mailing labels,
[23:24.000 --> 23:26.000]  and it comes with a manifest.
[23:26.000 --> 23:28.000]  And when they pick it up in the morning,
[23:28.000 --> 23:31.000]  they have to scan that, and it automatically gets there.
[23:31.000 --> 23:33.000]  And then when they deliver it, it gets scanned.
[23:33.000 --> 23:35.000]  So you get notified email,
[23:35.000 --> 23:38.000]  plus you can go online and download the copies
[23:38.000 --> 23:41.000]  and receipts that they got it.
[23:41.000 --> 23:43.000]  Oh, wonderful.
[23:43.000 --> 23:46.000]  Then you don't have these kinds of issues.
[23:46.000 --> 23:47.000]  Yeah, no.
[23:47.000 --> 23:48.000]  You don't have any kind of issues,
[23:48.000 --> 23:50.000]  because everything is automated,
[23:50.000 --> 23:53.000]  and they don't have any way of...
[23:53.000 --> 23:57.000]  Once you set up the account, if you don't use it often,
[23:57.000 --> 24:00.000]  is there like a monthly fee or something?
[24:00.000 --> 24:02.000]  No. Nothing.
[24:02.000 --> 24:04.000]  Okay. And when you set up the account,
[24:04.000 --> 24:06.000]  do they get like bank information
[24:06.000 --> 24:12.000]  so when you print out a postage, it just automatically debits?
[24:12.000 --> 24:13.000]  No, you use PayPal.
[24:13.000 --> 24:15.000]  Or how do you pay for it?
[24:15.000 --> 24:18.000]  PayPal. PayPal.
[24:18.000 --> 24:20.000]  Oh, well, wonderful.
[24:20.000 --> 24:23.000]  That makes life a whole lot easier.
[24:23.000 --> 24:25.000]  Oh, yeah.
[24:25.000 --> 24:27.000]  Especially saving when you don't have a car all the time,
[24:27.000 --> 24:31.000]  saving you from running to the post office all the time, you know?
[24:31.000 --> 24:35.000]  So I probably need to get instructions
[24:35.000 --> 24:38.000]  and get everybody that we're working with to do that.
[24:38.000 --> 24:40.000]  Yeah.
[24:40.000 --> 24:43.000]  That would be a good idea, make everybody's life a whole lot easier.
[24:43.000 --> 24:44.000]  Yeah.
[24:44.000 --> 24:47.000]  Because now they started just this week with the manifest,
[24:47.000 --> 24:49.000]  and they said that the manifest,
[24:49.000 --> 24:54.000]  and whenever you print, like if you print 10 envelopes, 10 labels,
[24:54.000 --> 24:58.000]  it'll say there's 10 of this size and 10 of that size, you know,
[24:58.000 --> 25:03.000]  whichever one, and it costs $5.00 and 5 cents.
[25:03.000 --> 25:04.000]  Three jambos.
[25:04.000 --> 25:06.000]  Two. One.
[25:06.000 --> 25:07.000]  I saved a lot of money.
[25:07.000 --> 25:10.000]  Wonderful. That's a great idea.
[25:10.000 --> 25:14.000]  I'll have to look at the post office because I hate chasing down to the post office
[25:14.000 --> 25:17.000]  and filling all these out.
[25:17.000 --> 25:20.000]  I always get them screwed up.
[25:20.000 --> 25:25.000]  I put the addresses in the wrong place and all kind of stuff.
[25:25.000 --> 25:26.000]  They supply you with the envelopes.
[25:26.000 --> 25:29.000]  They're automatically printed from the information,
[25:29.000 --> 25:32.000]  and you can have an address book if you're working on a lawsuit.
[25:32.000 --> 25:35.000]  You put the lawyer's names in there, and you go hit button, button, button, button, button.
[25:35.000 --> 25:38.000]  You hit it and zoom and zip them out.
[25:38.000 --> 25:40.000]  Oh, wonderful.
[25:40.000 --> 25:44.000]  So how is your mortgage issue going?
[25:44.000 --> 25:47.000]  Mortgage issue is interesting.
[25:47.000 --> 25:55.000]  I have before the court right now a motion for an interlocutory judgment,
[25:55.000 --> 26:03.000]  and the reason I did that is because we have a mortgage assignment that's a forgery
[26:03.000 --> 26:07.000]  because the person that is said to have assigned it says,
[26:07.000 --> 26:12.000]  we didn't have nothing to do with that.
[26:12.000 --> 26:17.000]  Do you have some direct evidence that he had nothing to do with it?
[26:17.000 --> 26:23.000]  Yeah, they put it in the court record.
[26:23.000 --> 26:31.000]  Have you moved for a declaratory judgment to declare that document void?
[26:31.000 --> 26:34.000]  Yes, and also to declare that it is a forgery
[26:34.000 --> 26:42.000]  and to remove the assignee out of my court team.
[26:42.000 --> 26:44.000]  Have they heard that yet?
[26:44.000 --> 26:46.000]  No, they haven't heard it yet.
[26:46.000 --> 26:48.000]  I sent it out about a week ago,
[26:48.000 --> 26:54.000]  and then I put in a motion to amend the complaint to where it's a void contract.
[26:54.000 --> 26:57.000]  I sent you documents on void contracts in Pennsylvania
[26:57.000 --> 27:03.000]  because in Pennsylvania if you have MERS in your mortgage it's a void contract
[27:03.000 --> 27:06.000]  because MERS is not a mortgagee,
[27:06.000 --> 27:13.000]  and in order to have a mortgage contract you need a mortgagee.
[27:13.000 --> 27:25.000]  That was an issue we spoke to yesterday where an assignment names MERS as the original mortgagee,
[27:25.000 --> 27:32.000]  and when I look at the contract at the security instrument,
[27:32.000 --> 27:39.000]  when MERS is included in this security instrument I see MERS named as nominee.
[27:39.000 --> 27:45.000]  Well, it says that MERS has mortgagee a nominee of the lender and then it names the lender.
[27:45.000 --> 27:49.000]  Yeah, and we were saying I don't know what nominee means.
[27:49.000 --> 27:50.000]  Exactly.
[27:50.000 --> 27:58.000]  If I wanted an agent, I may be trying to pick an agent so I nominate half a dozen potential agents,
[27:58.000 --> 28:03.000]  and if I nominate some of them they may say, well, I don't want to be your agent,
[28:03.000 --> 28:07.000]  so they're out, and then I vet out the rest of them,
[28:07.000 --> 28:14.000]  and of the nominees I would appoint one as the agent.
[28:14.000 --> 28:22.000]  So when I read Black's Law and I read Webster's, that's essentially the definition of nominee,
[28:22.000 --> 28:27.000]  but that can't be the definition of nominees used in this document.
[28:27.000 --> 28:35.000]  So if they're not using the Black's Law definition and they're not using the Webster's common definition
[28:35.000 --> 28:39.000]  and they haven't defined it themselves,
[28:39.000 --> 28:49.000]  then that means that this document as it was prepared by the lender for an unsophisticated purchaser,
[28:49.000 --> 28:53.000]  meaning that all terms must be in plain language,
[28:53.000 --> 28:59.000]  since I can't figure out what it means and the courts can't figure out what it means,
[28:59.000 --> 29:02.000]  the contract's unenforceable.
[29:02.000 --> 29:06.000]  Well, the thing is that in Pennsylvania mortgagee is defined,
[29:06.000 --> 29:12.000]  so if you stop right at mortgagee it says in the statute, 711 on Title 21,
[29:12.000 --> 29:15.000]  that mortgagee is a creditor.
[29:15.000 --> 29:20.000]  Merge is never a creditor, so mortgagee can't be a mortgagee.
[29:20.000 --> 29:27.000]  And Merge is subject to collateral estoppel from claiming that it is a creditor.
[29:27.000 --> 29:28.000]  Yes.
[29:28.000 --> 29:33.000]  Because they've testified in court they have no investment,
[29:33.000 --> 29:37.000]  no beneficial interest in the, actually the note itself,
[29:37.000 --> 29:40.000]  the security instrument says they have no beneficial interest.
[29:40.000 --> 29:43.000]  It gets deeper than that.
[29:43.000 --> 29:47.000]  Let's get deeper when we come back on the other side.
[29:47.000 --> 29:49.000]  I do like deeper.
[29:49.000 --> 29:53.000]  Hang on, this is Randy Kelton, Deborah Stevens, Rule of Law Radio.
[29:53.000 --> 29:57.000]  Our call in number 512-646-1984.
[29:57.000 --> 30:01.000]  Give us a call and we'll be right.
[30:01.000 --> 30:04.000]  Everyone knows that walking is great exercise,
[30:04.000 --> 30:08.000]  but you might not know that the way you walk could predict how long you're going to live.
[30:08.000 --> 30:10.000]  I'm Dr. Catherine Albrecht,
[30:10.000 --> 30:14.000]  and I'll be back to tell you more about walking prognostication in just a moment.
[30:14.000 --> 30:16.000]  Privacy is under attack.
[30:16.000 --> 30:20.000]  When you give up data about yourself, you'll never get it back again.
[30:20.000 --> 30:25.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:25.000 --> 30:26.000]  So protect your rights.
[30:26.000 --> 30:30.000]  Say no to surveillance and keep your information to yourself.
[30:30.000 --> 30:32.000]  Privacy, it's worth hanging on to.
[30:32.000 --> 30:36.000]  This public service announcement is brought to you by StartPage.com,
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[30:43.000 --> 30:48.000]  New research shows how fast you walk could predict how long you're going to live.
[30:48.000 --> 30:52.000]  The Journal of the American Medical Association reports that older adults
[30:52.000 --> 30:56.000]  who walk one meter per second or faster live longer than expected.
[30:56.000 --> 31:00.000]  And as you're wondering, one meter per second is about two and a quarter miles per hour.
[31:00.000 --> 31:05.000]  A senior's age, gender, and walking speed were as good at predicting life expectancy
[31:05.000 --> 31:07.000]  as more traditional statistical measures.
[31:07.000 --> 31:10.000]  Generally speaking, faster walkers live longer.
[31:10.000 --> 31:13.000]  Measuring walking speed is quick and inexpensive.
[31:13.000 --> 31:16.000]  It only takes a stopwatch, some space to walk, and a few minutes.
[31:16.000 --> 31:21.000]  Researchers say it could help doctors identify older patients who need special care.
[31:21.000 --> 31:26.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[31:30.000 --> 31:36.000]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[31:36.000 --> 31:38.000]  The government says that fire brought it down.
[31:38.000 --> 31:43.000]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[31:43.000 --> 31:46.000]  Over 6,000 of my fellow service members have given their lives.
[31:46.000 --> 31:48.000]  Thousands of my fellow first responders are dying.
[31:48.000 --> 31:50.000]  I'm not a conspiracy theorist.
[31:50.000 --> 31:51.000]  I'm not a structural engineer.
[31:51.000 --> 31:52.000]  I'm a New York City correctional.
[31:52.000 --> 31:53.000]  I'm an Air Force pilot.
[31:53.000 --> 31:55.000]  I'm a father who lost his son.
[31:55.000 --> 31:57.000]  We're Americans, and we deserve the truth.
[31:57.000 --> 32:00.000]  Go to RememberBuilding7.org today.
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[32:23.000 --> 32:26.000]  in almost every home in America, the television.
[32:26.000 --> 32:30.000]  Unfortunately, that puts most Americans at risk of catching stupidity.
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[33:01.000 --> 33:13.000]  Live free speech radio, logosradionetwork.com.
[33:31.000 --> 33:42.000]  Mmm, yeah, I want, oh I want
[33:42.000 --> 33:50.000]  I won't let you pull the wool over my eyes
[33:50.000 --> 33:57.000]  I must refuse your nose or soak up in lies
[33:57.000 --> 34:05.000]  It seems you like to say, but please take some words to the wise
[34:05.000 --> 34:07.000]  Okay, we are back.
[34:07.000 --> 34:10.000]  Randy Kelton, Deborah Stevens, rule of our radio.
[34:10.000 --> 34:14.000]  And we're talking to Leslie in Pennsylvania.
[34:14.000 --> 34:17.000]  And during the break, I got out my hip boots
[34:17.000 --> 34:20.000]  because it was going to get deep in here.
[34:20.000 --> 34:23.000]  Okay, now I'll start off by saying one thing.
[34:23.000 --> 34:28.000]  In Pennsylvania, in order for a mortgage contract to be recordable and valid,
[34:28.000 --> 34:32.000]  the Recorder of Deeds has to check for seven things.
[34:32.000 --> 34:36.000]  The first is that it has a borrower, a mortgagee, a mortgagor.
[34:36.000 --> 34:38.000]  Then they have to have a mortgagee.
[34:38.000 --> 34:40.000]  Then they have to have the property right.
[34:40.000 --> 34:42.000]  And then they have to have consideration.
[34:42.000 --> 34:46.000]  Then they have to have an obligation that goes with the consideration.
[34:46.000 --> 34:50.000]  And then they have to have a residence certificate.
[34:50.000 --> 34:52.000]  It's called a certificate of residence.
[34:52.000 --> 34:59.000]  And that is for the person with interest in the note
[34:59.000 --> 35:03.000]  their residence has to be certificated and signed for.
[35:03.000 --> 35:07.000]  And then that all contracts conform to governing law.
[35:07.000 --> 35:15.000]  Now, the reason that MARS in a mortgage in Pennsylvania is void
[35:15.000 --> 35:18.000]  is first of all because it's not a mortgagee as defined by law.
[35:18.000 --> 35:26.000]  The second is because the certificate of residence always reflects MARS address.
[35:26.000 --> 35:34.000]  But MARS has no interest in the obligation.
[35:34.000 --> 35:36.000]  So that makes it not...
[35:36.000 --> 35:40.000]  So it has to be someone with interest in the obligation.
[35:40.000 --> 35:49.000]  I would think a certificate of residence, is this only with a consumer mortgage
[35:49.000 --> 35:51.000]  or is this commercial as well?
[35:51.000 --> 35:55.000]  All mortgages. All mortgages must have...
[35:55.000 --> 36:01.000]  Okay, then the certificate of residence, what does that mean?
[36:01.000 --> 36:07.000]  It's a simple statement that says that this certifies that this is the address
[36:07.000 --> 36:13.000]  of the person entitled to the payment of the obligation.
[36:13.000 --> 36:21.000]  Okay, so that's the certification of the address of the beneficiary.
[36:21.000 --> 36:22.000]  Yes.
[36:22.000 --> 36:24.000]  Okay, good, good.
[36:24.000 --> 36:29.000]  It always says MARS. It always has MARS address.
[36:29.000 --> 36:37.000]  And MARS has already stipulated in court that it has no beneficial interest in any notes.
[36:37.000 --> 36:41.000]  So they would be subject to collateral estoppel from coming in here
[36:41.000 --> 36:44.000]  and claiming they did have a beneficiary.
[36:44.000 --> 36:49.000]  So that would render this document fraudulent on its face.
[36:49.000 --> 36:51.000]  Yes.
[36:51.000 --> 36:53.000]  Oh, that is good.
[36:53.000 --> 36:58.000]  Because it doesn't comply with the certificate of residence requirements.
[36:58.000 --> 37:01.000]  When you read the certificate of residence requirements,
[37:01.000 --> 37:08.000]  they must be updated because the recorder of deeds must have an accurate information
[37:08.000 --> 37:14.000]  for the reports that she is required to do.
[37:14.000 --> 37:19.000]  And if they don't update them when there is a change in lender,
[37:19.000 --> 37:22.000]  she can't have accurate information.
[37:22.000 --> 37:29.000]  So on top of all of that and on top of all of the other laws that they have for recording of documents,
[37:29.000 --> 37:36.000]  every time there is an assignment that remember Ms. Becker over at Montgomery County,
[37:36.000 --> 37:43.000]  recorder of deeds, got that ruling last year in October that all assignments must be recorded,
[37:43.000 --> 37:46.000]  every change in the lender must be recorded.
[37:46.000 --> 37:53.000]  And that is one of the, they didn't even go back to 625 where the certificate of residence,
[37:53.000 --> 37:55.000]  they didn't even look at that law.
[37:55.000 --> 37:58.000]  They just looked at the other laws regarding assignments.
[37:58.000 --> 38:07.000]  But there are other laws too that require the recording and updating of the lender.
[38:07.000 --> 38:09.000]  So you're saying they didn't go back.
[38:09.000 --> 38:12.000]  What was that referring to?
[38:12.000 --> 38:18.000]  The court decided that the Montgomery County recorder of deeds versus MERS that said
[38:18.000 --> 38:22.000]  that every assignment must be recorded didn't even consider this law.
[38:22.000 --> 38:23.000]  Okay.
[38:23.000 --> 38:26.000]  Okay, that's the they, okay, okay, now I understand.
[38:26.000 --> 38:29.000]  Pronouns make me crazy.
[38:29.000 --> 38:31.000]  I know, I'm sorry.
[38:31.000 --> 38:36.000]  So now, okay, so it was in that case they made this ruling
[38:36.000 --> 38:40.000]  so they didn't have to address the rest of it because it disposed in the case.
[38:40.000 --> 38:42.000]  Right.
[38:42.000 --> 38:49.000]  But they didn't even consider that, but that sure is up their case more than anything
[38:49.000 --> 38:53.000]  because it's very specific, why?
[38:53.000 --> 38:56.000]  Was it pled?
[38:56.000 --> 38:58.000]  Was it pled?
[38:58.000 --> 39:00.000]  No.
[39:00.000 --> 39:06.000]  Okay, okay, so it wasn't that the court had it before them and refused to rule on it.
[39:06.000 --> 39:08.000]  Right.
[39:08.000 --> 39:10.000]  It just was not pled.
[39:10.000 --> 39:11.000]  It was just their look.
[39:11.000 --> 39:18.000]  I showed it to her later and she says, oh, I never saw that before, but anyway.
[39:18.000 --> 39:23.000]  What is the current disposition of the case?
[39:23.000 --> 39:26.000]  For the Montgomery County recorder of deeds?
[39:26.000 --> 39:27.000]  I'm not sure.
[39:27.000 --> 39:28.000]  Yes.
[39:28.000 --> 39:29.000]  I haven't heard anything.
[39:29.000 --> 39:35.000]  Okay, because she may be able to go back and amend to include that.
[39:35.000 --> 39:41.000]  Yes, but on top of it she got favorable decision all the way around.
[39:41.000 --> 39:46.000]  So when you go for a void contract, you list all these things as to what it needs
[39:46.000 --> 39:51.000]  and show why none of them apply because you have no mortgagee,
[39:51.000 --> 39:58.000]  because the obligation was separated from the mortgage, you know.
[39:58.000 --> 40:03.000]  Yes, that we were talking about last night and I had Joe Esquivel on
[40:03.000 --> 40:08.000]  and we're going to start bringing Joe on as a co-host on the first two hours
[40:08.000 --> 40:14.000]  on Fridays and the first two hours are going to be strictly foreclosure
[40:14.000 --> 40:17.000]  and then we'll open it up after that to other issues.
[40:17.000 --> 40:22.000]  And he's the one that brought an issue that really annoyed me
[40:22.000 --> 40:26.000]  and it annoyed me because I hadn't figured it out.
[40:26.000 --> 40:30.000]  And here's what he's saying about the note.
[40:30.000 --> 40:38.000]  In my research it had became clear that you create a promise to pay
[40:38.000 --> 40:43.000]  and then you create a security instrument to ensure that promise to pay
[40:43.000 --> 40:50.000]  in the form of a note and then the lender takes that promise to pay
[40:50.000 --> 40:56.000]  and converts it into a security instrument by holding it
[40:56.000 --> 41:03.000]  to secure the beneficial interest of the note which he sells to someone else.
[41:03.000 --> 41:11.000]  So now you have two security instruments and essentially the beneficial interest
[41:11.000 --> 41:14.000]  is sold in the form of a security.
[41:14.000 --> 41:18.000]  So we got everything called a security and it wasn't clear how all this worked
[41:18.000 --> 41:27.000]  and Joe clarified that last part is for anyone to have standing
[41:27.000 --> 41:32.000]  they would have to hold the entire document and according to the courts
[41:32.000 --> 41:41.000]  the entire mortgage document consists of a promise to pay and a security instrument.
[41:41.000 --> 41:46.000]  Well, even if they hold a promise to pay and the security instrument
[41:46.000 --> 41:55.000]  if they have sold off what Covenant 20 refers to as a portion of the note
[41:55.000 --> 42:00.000]  the lender may sell a portion of the note or the entire note.
[42:00.000 --> 42:06.000]  The portion of the note they're talking about is the beneficial interest.
[42:06.000 --> 42:13.000]  Once he has sold that he no longer holds the entire instrument.
[42:13.000 --> 42:18.000]  Now it looks like he's still holding the two tangible documents
[42:18.000 --> 42:25.000]  but there is an intangible portion of the document that he has sold off to a third party.
[42:25.000 --> 42:27.000]  The right to repay.
[42:27.000 --> 42:33.000]  And there's another reason why he can't enforce
[42:33.000 --> 42:40.000]  because he no longer has the right to receive payments.
[42:40.000 --> 42:45.000]  So if the holder of the beneficial interest doesn't receive payments
[42:45.000 --> 42:53.000]  now they can be harmed but they don't hold a security instrument or a note
[42:53.000 --> 42:57.000]  so they have no claim against the lender.
[42:57.000 --> 42:59.000]  I'm sorry, against the borrower.
[42:59.000 --> 43:04.000]  They have a claim against the lender who sold them this document.
[43:04.000 --> 43:09.000]  The lender over here, he holds the note and the security instrument
[43:09.000 --> 43:14.000]  but he can't be harmed and if he can't be harmed
[43:14.000 --> 43:18.000]  he cannot bring a controversy before the court
[43:18.000 --> 43:23.000]  and therefore has no standing to invoke subject matter jurisdiction of the court.
[43:23.000 --> 43:25.000]  Does that make sense?
[43:25.000 --> 43:27.000]  Yes.
[43:27.000 --> 43:32.000]  That was the first time I got all the pieces put in place for me.
[43:32.000 --> 43:39.000]  Okay, the last part of the void contract is the conformity to law.
[43:39.000 --> 43:40.000]  Okay, hang on.
[43:40.000 --> 43:43.000]  We will talk about that when we get back on the other side
[43:43.000 --> 43:47.000]  of one of my favorite subjects in this regard.
[43:47.000 --> 43:48.000]  This is Randy Kelton, Deb Stevens.
[43:48.000 --> 43:54.000]  We will now radio our call in number 512-646-1984.
[43:54.000 --> 44:01.000]  We'll be right back.
[44:01.000 --> 44:04.000]  Mr. President, members of Congress,
[44:04.000 --> 44:08.000]  you've been making a lot of noise about taking our guns away
[44:08.000 --> 44:11.000]  but you might want to review history.
[44:11.000 --> 44:15.000]  1835, Gonzales, Texas territory.
[44:15.000 --> 44:20.000]  The authorities wanted to confiscate the big gun that protected that colony.
[44:20.000 --> 44:22.000]  You know what the people said?
[44:22.000 --> 44:26.000]  Come and take it because they were willing to fight
[44:26.000 --> 44:29.000]  for their freedom and their guns.
[44:29.000 --> 44:31.000]  So are we.
[44:31.000 --> 44:34.000]  Come and take it if you want it.
[44:34.000 --> 44:37.000]  Come and take it if you think you can.
[44:37.000 --> 44:40.000]  Come and take it but I warn you,
[44:40.000 --> 44:43.000]  you'll have to buy it from my holy hands.
[44:43.000 --> 44:46.000]  We want the freedom that God gave us,
[44:46.000 --> 44:50.000]  so you best not cross that line.
[44:50.000 --> 44:55.000]  If you want this gun, you gotta come through us and take it.
[44:55.000 --> 44:57.000]  One shot at a time.
[44:57.000 --> 45:01.000]  Just like Gonzales, we're keeping our guns.
[45:01.000 --> 45:04.000]  Are you the plaintiff or defendant in a lawsuit?
[45:04.000 --> 45:08.000]  Win your case without an attorney with Jurisdictionary,
[45:08.000 --> 45:11.000]  the affordable, easy to understand, poor CD course
[45:11.000 --> 45:16.000]  that will show you how in 24 hours, step by step.
[45:16.000 --> 45:19.000]  If you have a lawyer, know what your lawyer should be doing.
[45:19.000 --> 45:23.000]  If you don't have a lawyer, know what you should do for yourself.
[45:23.000 --> 45:26.000]  Thousands have won with our step-by-step course
[45:26.000 --> 45:28.000]  and now you can too.
[45:28.000 --> 45:31.000]  Jurisdictionary was created by a licensed attorney
[45:31.000 --> 45:34.000]  with 22 years of case-winning experience.
[45:34.000 --> 45:36.000]  Even if you're not in a lawsuit,
[45:36.000 --> 45:39.000]  you can learn what everyone should understand
[45:39.000 --> 45:43.000]  about the principles and practices that control our American courts.
[45:43.000 --> 45:48.000]  You'll receive our audio classroom, video seminar, tutorials,
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[45:56.000 --> 46:23.000]  or call toll-free 866-LAW-EZ.
[46:23.000 --> 46:47.000]  Thank you.
[46:53.000 --> 46:57.000]  Okay, we are back.
[46:57.000 --> 47:00.000]  Randy Kelton, Debra Stevens, Rule of Law Radio,
[47:00.000 --> 47:03.000]  and we're talking to Leslie in Pennsylvania.
[47:03.000 --> 47:05.000]  Okay, Leslie, go ahead.
[47:05.000 --> 47:10.000]  Okay, now, contracts that cannot violate the law
[47:10.000 --> 47:12.000]  because that voids them.
[47:12.000 --> 47:14.000]  There's an agreement, there's a case law on this,
[47:14.000 --> 47:17.000]  an agreement which violates the provision of a statute
[47:17.000 --> 47:20.000]  or which cannot be performed without violation of a provision
[47:20.000 --> 47:23.000]  is illegal and void.
[47:23.000 --> 47:26.000]  That's Pennsylvania Railroad Company versus Cameron,
[47:26.000 --> 47:31.000]  Kimball v. Wilson, and Zippel et al. v. Brunazzi.
[47:31.000 --> 47:36.000]  We have that in Texas as a statute.
[47:36.000 --> 47:38.000]  Okay.
[47:38.000 --> 47:43.000]  It's probably in most states in one form or another as a statute.
[47:43.000 --> 47:48.000]  Because in ours, it's the Deed of Trust.
[47:48.000 --> 47:53.000]  And in the Deed of Trust, we have the first paragraph
[47:53.000 --> 47:57.000]  of the contract is the transfer of property rights.
[47:57.000 --> 48:00.000]  Everything above that are just definitions.
[48:00.000 --> 48:04.000]  And transfer of property rights transfers the legal title
[48:04.000 --> 48:07.000]  to the trustee.
[48:07.000 --> 48:11.000]  Beneficial title goes to the beneficiary.
[48:11.000 --> 48:15.000]  Next paragraph says you understand that MERS does not
[48:15.000 --> 48:19.000]  hold beneficial interest in the note,
[48:19.000 --> 48:23.000]  but merely holds legal title.
[48:23.000 --> 48:36.000]  Now, in Texas, 22-01 Texas Business Commerce Code.
[48:36.000 --> 48:40.000]  There is a Texas Civil Tort in Remedies, I forget.
[48:40.000 --> 48:45.000]  But it specifically says that a lender may not require
[48:45.000 --> 48:52.000]  a borrower to transfer the property to the lender.
[48:52.000 --> 48:54.000]  That is very specific.
[48:54.000 --> 48:58.000]  So this document that purports to be a Deed of Trust
[48:58.000 --> 49:03.000]  is actually a grant, is actually simply a mortgage
[49:03.000 --> 49:08.000]  because it transfers the property to the borrower.
[49:08.000 --> 49:10.000]  It purports to transfer it to the trustee.
[49:10.000 --> 49:15.000]  The very next paragraph, it very clearly specifies
[49:15.000 --> 49:19.000]  it transfers the legal title to MERS,
[49:19.000 --> 49:24.000]  and that is MERS as a representative for the lender.
[49:24.000 --> 49:26.000]  That's forbidden by statute.
[49:26.000 --> 49:28.000]  Right.
[49:28.000 --> 49:30.000]  Well, also there's another little interesting little thing
[49:30.000 --> 49:32.000]  I found out recently.
[49:32.000 --> 49:38.000]  And that's that because MERS electronic registration system
[49:38.000 --> 49:46.000]  is an electronic transaction recording thing,
[49:46.000 --> 49:55.000]  the borrowers are never asked to sign a document accepting that.
[49:55.000 --> 49:57.000]  That's an issue that we bring.
[49:57.000 --> 50:00.000]  Well, they can do electronic signatures.
[50:00.000 --> 50:04.000]  But if you look at the Deed of Trust or the mortgage,
[50:04.000 --> 50:07.000]  if MERS is included in the mortgage,
[50:07.000 --> 50:11.000]  MERS is included as an agent.
[50:11.000 --> 50:14.000]  But as an agent for the lender,
[50:14.000 --> 50:19.000]  the borrower has no power to appoint the agent for the lender.
[50:19.000 --> 50:21.000]  You loan me money to buy the house,
[50:21.000 --> 50:24.000]  and you want me to prepare you a security instrument,
[50:24.000 --> 50:26.000]  and I say, sure, I'll do that.
[50:26.000 --> 50:30.000]  But you know, I don't like your agent.
[50:30.000 --> 50:35.000]  I'm going to fire him and hire my brother-in-law instead.
[50:35.000 --> 50:38.000]  Yeah, you're going to say get lost.
[50:38.000 --> 50:41.000]  Well, that's exactly what goes on here.
[50:41.000 --> 50:49.000]  The borrower purports to decide who the representative is for the lender.
[50:49.000 --> 50:51.000]  Now, in order for that to be valid,
[50:51.000 --> 50:57.000]  the lender would have had to have affirmed that appointment
[50:57.000 --> 51:01.000]  by affirming the document, and they did no such thing.
[51:01.000 --> 51:02.000]  Exactly.
[51:02.000 --> 51:06.000]  So what we've been doing is filing a notice in the record
[51:06.000 --> 51:12.000]  that MERS was removed as agent for the lender.
[51:12.000 --> 51:18.000]  And as the holder, the uncontested holder of the deed to the property,
[51:18.000 --> 51:25.000]  whatever you file in the record is presumed to be valid until such time
[51:25.000 --> 51:30.000]  as it's challenged in court and the court rules that it's not valid.
[51:30.000 --> 51:31.000]  So what are they going to do?
[51:31.000 --> 51:35.000]  They're going to come bring into court and say, why, you can't fire MERS?
[51:35.000 --> 51:36.000]  And we say, sure, we can.
[51:36.000 --> 51:38.000]  We hired him.
[51:38.000 --> 51:41.000]  And if they say, well, you didn't hire MERS,
[51:41.000 --> 51:47.000]  then MERS was never an agent for the lender to start with.
[51:47.000 --> 51:49.000]  You don't need to fire him.
[51:49.000 --> 51:51.000]  It's kind of a catch-22 for him.
[51:51.000 --> 51:53.000]  Yeah.
[51:53.000 --> 51:54.000]  I can see that.
[51:54.000 --> 51:58.000]  That was the most fun document that I wrote.
[51:58.000 --> 52:01.000]  I chuckled the whole time I was writing that one.
[52:01.000 --> 52:04.000]  Got another aha for you.
[52:04.000 --> 52:07.000]  About a year ago, I had a garden,
[52:07.000 --> 52:10.000]  and then the code enforcement officer made me rip it out by the roots.
[52:10.000 --> 52:14.000]  He didn't like it, said the plants were more than six inches high.
[52:14.000 --> 52:18.000]  He asked me to court over it twice.
[52:18.000 --> 52:21.000]  So I ripped up the garden and then sued him.
[52:21.000 --> 52:29.000]  And I just got back the order from the court when he tried to get it dismissed.
[52:29.000 --> 52:31.000]  And he can't.
[52:31.000 --> 52:40.000]  I got him under 42 U.S.D. 1983 and abuse of process.
[52:40.000 --> 52:44.000]  Hmm.
[52:44.000 --> 52:47.000]  But you are having way too much fun.
[52:47.000 --> 52:49.000]  Yeah.
[52:49.000 --> 52:54.000]  My mother planted that garden for us and we got married.
[52:54.000 --> 52:58.000]  And it really upsets me to have to rip it up.
[52:58.000 --> 53:01.000]  They're going to put a sign as you come into town,
[53:01.000 --> 53:10.000]  enjoy our town but stay away from Granny Leslie.
[53:10.000 --> 53:12.000]  I am proud of you.
[53:12.000 --> 53:16.000]  This is why we do this show.
[53:16.000 --> 53:21.000]  If we had two or three people in every town in the country
[53:21.000 --> 53:24.000]  taking these guys behind,
[53:24.000 --> 53:30.000]  these problems we've been having for the most part would simply go away.
[53:30.000 --> 53:31.000]  Yeah.
[53:31.000 --> 53:37.000]  Who are they to tell me what I can plant in my garden and how high my flowers can be?
[53:37.000 --> 53:38.000]  You know?
[53:38.000 --> 53:40.000]  I gave them the right.
[53:40.000 --> 53:42.000]  And the law doesn't even say that.
[53:42.000 --> 53:44.000]  The law says grass.
[53:44.000 --> 53:46.000]  The law says weeds.
[53:46.000 --> 53:48.000]  Nothing planted for decoration.
[53:48.000 --> 53:50.000]  Nothing intended to be eaten.
[53:50.000 --> 53:53.000]  You know, hello.
[53:53.000 --> 53:58.000]  Did you make them cut down every tree in town?
[53:58.000 --> 54:01.000]  But I went around to all the neighbors.
[54:01.000 --> 54:04.000]  I got 18 different addresses.
[54:04.000 --> 54:06.000]  My husband took pictures of them.
[54:06.000 --> 54:10.000]  And all of their flowers were nice and tall, four feet.
[54:10.000 --> 54:12.000]  The sunflowers were six feet.
[54:12.000 --> 54:14.000]  You know, mine were about three and a half feet.
[54:14.000 --> 54:17.000]  And he made me cut mine down.
[54:17.000 --> 54:20.000]  So none of my neighbors, none of my neighbors.
[54:20.000 --> 54:24.000]  In a four-block area, he went walking and taking pictures all over the place.
[54:24.000 --> 54:26.000]  And we stuck him in there with the complaints.
[54:26.000 --> 54:29.000]  Say, now explain this one, will you?
[54:29.000 --> 54:30.000]  You know?
[54:30.000 --> 54:31.000]  That ought to be fun.
[54:31.000 --> 54:39.000]  And, you know, we've had a few people come on that have really clobbered some idiot local officials this way.
[54:39.000 --> 54:42.000]  I live next to City Hall.
[54:42.000 --> 54:50.000]  And we got a new mayor and he come out and saw this big 40-foot transport bus I've got parked next to my house.
[54:50.000 --> 54:52.000]  You're going to have to move that bus.
[54:52.000 --> 54:57.000]  I said, it doesn't have a safety sticker or registration on it.
[54:57.000 --> 55:03.000]  So I had a whole bunch of tarps I'd got from Clear Channel where they pulled down these billboard signs.
[55:03.000 --> 55:06.000]  They're like 72 by 14.
[55:06.000 --> 55:13.000]  He come out there a couple hours later and I put this tarp over the bus.
[55:13.000 --> 55:15.000]  And he said, when are you going to move that bus?
[55:15.000 --> 55:17.000]  I said, what bus?
[55:17.000 --> 55:21.000]  I don't see any bus.
[55:21.000 --> 55:27.000]  He whirled around, stomped back into the mayor's hall, into the City Hall.
[55:27.000 --> 55:31.000]  And I hear Joy, she's the city secretary.
[55:31.000 --> 55:37.000]  Her mother was a city secretary before her, so she kind of owns the job.
[55:37.000 --> 55:40.000]  And she is just cackling.
[55:40.000 --> 55:44.000]  She told me later he'd come in and ask, does that count in here reading the ordinances?
[55:44.000 --> 55:46.000]  Well, yes, as a matter of fact, he has.
[55:46.000 --> 55:48.000]  Well, do you know what he was reading?
[55:48.000 --> 55:51.000]  It just happens I do.
[55:51.000 --> 55:58.000]  If you've got a tarp on it, they can only say something about it if they can see it.
[55:58.000 --> 56:00.000]  Right.
[56:00.000 --> 56:02.000]  I left it there for five years.
[56:02.000 --> 56:05.000]  He got out of office two months ago.
[56:05.000 --> 56:10.000]  I just moved the bus.
[56:10.000 --> 56:14.000]  Well, with these city code enforcement officials, I've been reading all over the country
[56:14.000 --> 56:18.000]  that they're getting people that have vegetables, you know, growing vegetables in their front yards
[56:18.000 --> 56:20.000]  with their flower garden.
[56:20.000 --> 56:22.000]  And they're getting really messed up.
[56:22.000 --> 56:23.000]  They're giving people citations.
[56:23.000 --> 56:26.000]  I said, that ain't going to happen here.
[56:26.000 --> 56:29.000]  That is not going to happen here.
[56:29.000 --> 56:32.000]  We get more people going after them.
[56:32.000 --> 56:35.000]  They'll stop that nonsense.
[56:35.000 --> 56:41.000]  Fortunately, I'm well known enough in this county that nobody messes with me.
[56:41.000 --> 56:43.000]  Yeah.
[56:43.000 --> 56:44.000]  Hello.
[56:44.000 --> 56:50.000]  They can't write me tickets because the sheriff, this sheriff dispatcher tells them not to.
[56:50.000 --> 56:54.000]  Don't you write that SOB no ticket.
[56:54.000 --> 56:55.000]  Okay.
[56:55.000 --> 56:57.000]  Do we have anything else we've got?
[56:57.000 --> 56:59.000]  No, but I do have a question.
[56:59.000 --> 57:04.000]  They did knock off three of the charges that I put on there.
[57:04.000 --> 57:10.000]  They said there's no cause of action for duress in Pennsylvania, which was interesting to me.
[57:10.000 --> 57:17.000]  There is no cause of action, they said, for Title 42, Section 1982,
[57:17.000 --> 57:24.000]  because it seems that you can only be black to have somebody prejudiced you.
[57:24.000 --> 57:25.000]  Wait.
[57:25.000 --> 57:27.000]  Say that last part again.
[57:27.000 --> 57:32.000]  Under Subsection 1982 of Title 42, that you have to be black.
[57:32.000 --> 57:36.000]  I thought it was that everybody was supposed to have the same right.
[57:36.000 --> 57:37.000]  No.
[57:37.000 --> 57:39.000]  Who did that?
[57:39.000 --> 57:41.000]  Did the judge do that?
[57:41.000 --> 57:44.000]  Yeah, the judge threw that one out.
[57:44.000 --> 57:48.000]  Then you need to file a motion for reconsideration.
[57:48.000 --> 57:49.000]  Yeah.
[57:49.000 --> 57:55.000]  Well, I was wondering, I was thinking that because I'm very happy that he let these other two go the way they are,
[57:55.000 --> 57:56.000]  and they'll stand on their own.
[57:56.000 --> 58:01.000]  I was thinking maybe I better just leave the sleeping dog's lie and let him show up his case.
[58:01.000 --> 58:02.000]  I agree.
[58:02.000 --> 58:04.000]  Pick your battles real careful.
[58:04.000 --> 58:05.000]  Yeah.
[58:05.000 --> 58:09.000]  And if he didn't throw the others out, I probably wouldn't poke that bear either.
[58:09.000 --> 58:16.000]  Should I complain or just let him answer the things that the judge said was all right?
[58:16.000 --> 58:24.000]  You don't have to do anything because that's not right for appeal.
[58:24.000 --> 58:28.000]  You can appeal that issue when the whole case is over.
[58:28.000 --> 58:30.000]  Okay.
[58:30.000 --> 58:32.000]  So that won't matter at this point.
[58:32.000 --> 58:38.000]  To answer this order that I have, does it mean I have to put in anything else?
[58:38.000 --> 58:39.000]  Hang on.
[58:39.000 --> 58:40.000]  I'm about to go to break.
[58:40.000 --> 58:42.000]  We'll finish that on the other side.
[58:42.000 --> 58:45.000]  This is Randy Kelton, Deborah Stevens, Little Law Radio.
[58:45.000 --> 58:48.000]  Our call in number 512-646-1984.
[58:48.000 --> 58:50.000]  We'll be right.
[58:50.000 --> 58:54.000]  Would you like to make more definite progress in your walk with God?
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[01:00:03.000 --> 01:00:10.000]  You're listening to the Liberty Beats, your daily source for Liberty news and activist updates.
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[01:00:15.000 --> 01:00:20.000]  John Bush here with your Liberty Beat for Friday, August 9th, 2013.
[01:00:20.000 --> 01:00:22.000]  Gold opened today at $1,309.
[01:00:22.000 --> 01:00:28.000]  Silver at $20.23, and Bitcoin is trading at $92.25.
[01:00:28.000 --> 01:00:31.000]  Support for The Liberty Beat comes from Carmacazi Productions,
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[01:00:45.000 --> 01:00:48.000]  Online at CentralDexasGunworks.com.
[01:00:48.000 --> 01:00:55.000]  And now the news. A law enforcement-sensitive force protection alert has been issued by the Texas Military Forces,
[01:00:55.000 --> 01:01:02.000]  citing the possibility of random terrorist attacks taking place in Austin, Texas on or about August 8th through the 9th.
[01:01:02.000 --> 01:01:04.000]  The leaked report goes on to say,
[01:01:04.000 --> 01:01:10.000]  the Austin group plans to plant backpack-style bombs on 6th Street on either August 8th or 9th,
[01:01:10.000 --> 01:01:15.000]  and the group plans to attack a school and theological seminary in the downtown Austin area
[01:01:15.000 --> 01:01:19.000]  and complete the attack with operations at the Austin-Bergstrom International Airport.
[01:01:19.000 --> 01:01:26.000]  The threat assessment coincides with planned Homeland Security drills set to be taking place in Austin throughout the month of August.
[01:01:26.000 --> 01:01:34.000]  KXN reported on Wednesday that multiple law enforcement agencies will be taking part in Homeland Security exercises in Austin over the next few weeks.
[01:01:34.000 --> 01:01:39.000]  Austin residents are reporting the sighting of military helicopters flying low over rooftops.
[01:01:39.000 --> 01:01:43.000]  It remains to be seen whether the terror alert is related to the Homeland Security drills.
[01:01:43.000 --> 01:01:49.000]  The Liberty Beat is awaiting response to an open records request put into the Austin Police Department regarding the drills.
[01:01:49.000 --> 01:01:55.000]  Austinites are curious as to why the public was not alerted to the details regarding the alleged terror threat,
[01:01:55.000 --> 01:01:59.000]  which is described as random, yet includes many details on potential targets.
[01:01:59.000 --> 01:02:05.000]  The Austin American Statesman ran a story stating there existed a threat downtown, but did not divulge any details.
[01:02:05.000 --> 01:02:09.000]  Austinites are encouraged to remain vigilant and keep an eye out for terrorist activity
[01:02:09.000 --> 01:02:13.000]  stemming from private terrorist groups or government terrorists.
[01:02:13.000 --> 01:02:19.000]  We'll keep you in the loop as this story unfolds.
[01:02:19.000 --> 01:02:25.000]  A groundbreaking new marijuana legalization bill has passed Uruguay's House and is now up for vote in the Senate.
[01:02:25.000 --> 01:02:30.000]  The bill would establish guidelines for the production, distribution, and sale of cannabis to adult consumers.
[01:02:30.000 --> 01:02:35.000]  The bill has been reported to fix the price of marijuana to around $2.50 per gram.
[01:02:35.000 --> 01:02:40.000]  If the measure becomes law, it would establish a system similar to the Netherlands or Portugal,
[01:02:40.000 --> 01:02:46.000]  although the Uruguay bill provides for government control over the entire marijuana industry from cultivation to consumption.
[01:02:46.000 --> 01:02:51.000]  Individual citizens, cooperatives, and private companies can grow a specified amount of marijuana each month,
[01:02:51.000 --> 01:02:55.000]  but it may only be sold to consumers by state-run pharmacies.
[01:02:55.000 --> 01:03:05.000]  Support for the Liberty Beat comes from Texans for Accountable Government.
[01:03:25.000 --> 01:03:35.000]  Okay, we are back. Randy Kelton, Debra Stevens, Rue of La Radio.
[01:03:35.000 --> 01:03:41.000]  And when we were going out, Leslie, I didn't catch all of what you said.
[01:03:41.000 --> 01:03:43.000]  I was kind of running out of time there.
[01:03:43.000 --> 01:03:52.000]  Okay. They sent me this order and they said I had 20 days to replede the counts that they kicked out.
[01:03:52.000 --> 01:03:57.000]  There were three other counts they kicked out.
[01:03:57.000 --> 01:04:04.000]  Oh, okay. You might look up causes of action.
[01:04:04.000 --> 01:04:09.000]  They probably explained to you why they kicked them out, didn't they?
[01:04:09.000 --> 01:04:15.000]  Well, at the bottom it says there's no cause of action for duress in Pennsylvania.
[01:04:15.000 --> 01:04:25.000]  Okay, look. Now wait, you filed a 42-year-old 1983 suit in the state?
[01:04:25.000 --> 01:04:29.000]  Yes, and 1982 I put in there also.
[01:04:29.000 --> 01:04:39.000]  Okay, do a search. There is probably a corresponding cause of action because what is harm is harm,
[01:04:39.000 --> 01:04:44.000]  and in Pennsylvania they may just call it something else.
[01:04:44.000 --> 01:04:50.000]  I mean, after all, they call the county clerk a prothonotary.
[01:04:50.000 --> 01:05:01.000]  So do a search for that on the Internet in Pennsylvania and you'll probably find a cause of action that serves the purpose.
[01:05:01.000 --> 01:05:04.000]  It probably just has a different name.
[01:05:04.000 --> 01:05:09.000]  But make sure you plead all of the elements.
[01:05:09.000 --> 01:05:16.000]  Right. Well, because they had these two elements that already stood and they're enough to really get me what I want,
[01:05:16.000 --> 01:05:24.000]  you know, the 1983 and the abuse of process that stood already.
[01:05:24.000 --> 01:05:30.000]  Do I have to amend it and just put those two causes of action in there?
[01:05:30.000 --> 01:05:40.000]  No, no, very good question. When you file an amended complaint, it replaces the original complaint.
[01:05:40.000 --> 01:05:48.000]  So anything you want to bring before the court has to be in the amended complaint.
[01:05:48.000 --> 01:05:55.000]  Okay, so I don't have to amend anything if I just want it to stay with the two that the judge already selected?
[01:05:55.000 --> 01:06:05.000]  Yes. If you don't amend anything, then his order will stand as it is.
[01:06:05.000 --> 01:06:12.000]  Okay, and then they just have to answer it. Good, because they're easy to plead.
[01:06:12.000 --> 01:06:18.000]  Yeah, if you file an amended pleading, it changes the time for them to answer.
[01:06:18.000 --> 01:06:29.000]  Yeah, no, I don't want to do that. I've been at this for over a year now, so almost a year and a half since May of 2012.
[01:06:29.000 --> 01:06:31.000]  So anyway, I'm really...
[01:06:31.000 --> 01:06:36.000]  Okay, well, stay after them. Okay, did you have anything else, Leslie?
[01:06:36.000 --> 01:06:38.000]  No, that's it. Thank you very much.
[01:06:38.000 --> 01:06:46.000]  Okay, thank you. Now we're going to go to Emma in Georgia.
[01:06:46.000 --> 01:06:49.000]  Hello, Ms. Emma.
[01:06:49.000 --> 01:06:51.000]  Hello.
[01:06:51.000 --> 01:06:56.000]  Hello. What do you have for us today?
[01:06:56.000 --> 01:07:04.000]  Well, thank you. I've been listening to a lot of the other callers and some of the things that they've been sharing,
[01:07:04.000 --> 01:07:10.000]  and that's been really helpful in answering a lot of the questions that I have had.
[01:07:10.000 --> 01:07:22.000]  I spoke to you about a week and a half ago, and I shared with you that my mortgage company did respond to the first debt validation letter,
[01:07:22.000 --> 01:07:34.000]  and they said they were not a MERS Corporation, not affiliated with MERS and MERS is on my contract.
[01:07:34.000 --> 01:07:48.000]  They are not the original assignment person. I've had Countrywide, I've had Impact, I've had...and now Bank of America.
[01:07:48.000 --> 01:08:00.000]  And my question was, do I...with the letter that they sent me back saying that they do have an enforceable contract,
[01:08:00.000 --> 01:08:11.000]  there is IndyMac who is not on my contract at all. I have Freddie May and the other one, but I never saw IndyMac on my contract.
[01:08:11.000 --> 01:08:20.000]  And they are saying that they are the holder of the note or the hold of the mortgagee, the person I should be paying,
[01:08:20.000 --> 01:08:24.000]  and Bank of America is the assignment, you know, to...
[01:08:24.000 --> 01:08:41.000]  Okay. Are there documents filed with the county recorder that indicate that these entities hold the note or the security instrument?
[01:08:41.000 --> 01:08:50.000]  No. I went down to the county courthouse in May of this year, and there is no recording of anyone.
[01:08:50.000 --> 01:08:59.000]  It's not even Countrywide recording. The only person is on...and I got copies of all of that in my possession.
[01:08:59.000 --> 01:09:11.000]  One thing you need to get, you might want to go back to the clerk, are the documents filed there in electronic format?
[01:09:11.000 --> 01:09:13.000]  I think so, yes.
[01:09:13.000 --> 01:09:22.000]  Good. Ask the clerk to do a search on, you know, ask them how do you search for property records?
[01:09:22.000 --> 01:09:29.000]  Do you search it by name, address, or description?
[01:09:29.000 --> 01:09:39.000]  And they'll tell you and ask the clerk to do a search for your property and give you a printout of the search.
[01:09:39.000 --> 01:09:45.000]  Okay. That you want to hang on to.
[01:09:45.000 --> 01:09:52.000]  Because you are only responsible for what the clerk can find.
[01:09:52.000 --> 01:09:59.000]  Yeah. I have a guy here in Texas. We went and looked at the record. Chase was trying to foreclose.
[01:09:59.000 --> 01:10:11.000]  I looked in the record. I found no deed of trust. So I filed a mechanics lien for an amount in excess of the value of the property.
[01:10:11.000 --> 01:10:22.000]  And he later found that on a property he owned when he married this person, then he got a home improvement loan,
[01:10:22.000 --> 01:10:32.000]  and they required that his wife sign the documentation. They filed a deed of trust in her name.
[01:10:32.000 --> 01:10:40.000]  So I go to the clerk and I tell him the address of the property and the owner of the property,
[01:10:40.000 --> 01:10:46.000]  and the clerk does a search for me and I don't find this deed of trust.
[01:10:46.000 --> 01:11:00.000]  Well, I have a right to trust what I see in there. If a document has been filed and I can't find it, then it has not been properly filed.
[01:11:00.000 --> 01:11:08.000]  So that's why you want that list. You can say on this day at this time, this is what was here.
[01:11:08.000 --> 01:11:18.000]  The most important to know is what's not there. And that will be those documents going to chain of title.
[01:11:18.000 --> 01:11:25.000]  Okay. So I just want to be clear about what you just said. So I'm going to do a property search of the records,
[01:11:25.000 --> 01:11:29.000]  and I want all the records and addresses.
[01:11:29.000 --> 01:11:33.000]  No. You want the clerk to do the search for you.
[01:11:33.000 --> 01:11:35.000]  Okay.
[01:11:35.000 --> 01:11:42.000]  You don't have to have computer savvy in order to access the records.
[01:11:42.000 --> 01:11:43.000]  Okay.
[01:11:43.000 --> 01:11:51.000]  But they put them all in computer systems, and you don't have a 10-year-old with you to show you how to use them.
[01:11:51.000 --> 01:11:52.000]  Right.
[01:11:52.000 --> 01:11:59.000]  So they can't create a storage system that makes someone who's computer challenged,
[01:11:59.000 --> 01:12:06.000]  who puts them in a position where they can't access the records. So simply ask the clerk to do it for you.
[01:12:06.000 --> 01:12:07.000]  Okay.
[01:12:07.000 --> 01:12:14.000]  And they say, sure. They just type it out and give you a list. That's all you have to be responsible for.
[01:12:14.000 --> 01:12:22.000]  If the proper document's not in there, like in my case, there was no deed of trust. I filed a lien in good faith.
[01:12:22.000 --> 01:12:31.000]  They're going to come back and say, well, the clerk filed it in the wrong place. Your problem, not my problem.
[01:12:31.000 --> 01:12:39.000]  Take that up with the clerk. My problem is I looked in the record and I didn't find it.
[01:12:39.000 --> 01:12:44.000]  So therefore, it does not exist in the record.
[01:12:44.000 --> 01:12:53.000]  So we want to know what actually exists and compare what actually exists to what you're holding.
[01:12:53.000 --> 01:13:04.000]  If you're holding documents that indicate something that should have been noticed in the record and was not,
[01:13:04.000 --> 01:13:14.000]  the lender breached Covenant 14 of the Deed of Trust and is in default of the Deed of Trust.
[01:13:14.000 --> 01:13:22.000]  Now, they're quick to file a notice of default against you. You should be just as quick to file one against them.
[01:13:22.000 --> 01:13:23.000]  Okay.
[01:13:23.000 --> 01:13:32.000]  That declares that the Deed of Trust is void, that the lender deliberately committed an active violation
[01:13:32.000 --> 01:13:41.000]  of a law which breached this Covenant of the Contract and that constitutes a voluntary rescission.
[01:13:41.000 --> 01:13:48.000]  Okay. Now, where would I find this document to file? Where would I look for that?
[01:13:48.000 --> 01:13:57.000]  Send me an email and I will send you a set of four documents that we have created.
[01:13:57.000 --> 01:14:06.000]  One is a notice of default and you'd need to fill in which Covenant of the Contract they broke.
[01:14:06.000 --> 01:14:15.000]  Covenant 16 is always a good one because it goes to any law. They violate any law, they breach the contract.
[01:14:15.000 --> 01:14:29.000]  So we'll send you a set of those documents if you'll send me an email to randyatruleoflawradio.com.
[01:14:29.000 --> 01:14:34.000]  Yeah, just ask for those documents and I'll get those to you.
[01:14:34.000 --> 01:14:35.000]  Okay.
[01:14:35.000 --> 01:14:39.000]  What is the current condition of your mortgage?
[01:14:39.000 --> 01:14:49.000]  Well, this is the month where the mortgage doubled. I have been paying the mortgage all the way up until this month.
[01:14:49.000 --> 01:14:54.000]  As of the 17th of this month, it will be late.
[01:14:54.000 --> 01:14:58.000]  Have you attempted to refinance?
[01:14:58.000 --> 01:15:15.000]  I can't refinance because I just got a letter from the tax assessor's office saying that this property is worth $30,000 less than what they're posting.
[01:15:15.000 --> 01:15:16.000]  Oh.
[01:15:16.000 --> 01:15:18.000]  The bank is saying that out.
[01:15:18.000 --> 01:15:28.000]  Okay, then you might need to sue them, make some serious accusations.
[01:15:28.000 --> 01:15:34.000]  You make tort claims based on state law violations.
[01:15:34.000 --> 01:15:40.000]  Give them reason to send you an offer to modify.
[01:15:40.000 --> 01:16:00.000]  Okay. And then when they pull the standard modification routine, then you refile your suit and include fraud by nondisclosure, fraud per se, based on the modification process.
[01:16:00.000 --> 01:16:03.000]  And good chance that'll bring them to the table.
[01:16:03.000 --> 01:16:07.000]  They'll say, let's make a deal, make this go away.
[01:16:07.000 --> 01:16:30.000]  Okay. So they would make the offer to modify this loan, you know, because I do have that document downstairs from the tax assessor's office saying that this property is valued at $30,000 less than what the banks are saying that out.
[01:16:30.000 --> 01:16:37.000]  Then are you emotionally attached to this property?
[01:16:37.000 --> 01:16:41.000]  I mean, is it an old home place or something?
[01:16:41.000 --> 01:16:43.000]  Yeah, I love the home.
[01:16:43.000 --> 01:16:45.000]  I'm, you know, I don't.
[01:16:45.000 --> 01:16:46.000]  Okay. Okay. Okay.
[01:16:46.000 --> 01:16:47.000]  Then hang on.
[01:16:47.000 --> 01:16:49.000]  That'll determine what I suggest.
[01:16:49.000 --> 01:16:50.000]  Hang on.
[01:16:50.000 --> 01:16:52.000]  This is Randy Kelton Davis Stevens with our radio.
[01:16:52.000 --> 01:17:02.000]  Our call in number 512-646-1984. We'll be right back.
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[01:18:53.000 --> 01:19:11.000]  Visit us at CapitalCoinandBoolean.com or call 512-646-6440.
[01:19:23.000 --> 01:19:36.000]  Okay, we are back.
[01:19:36.000 --> 01:19:39.000]  Brandy Kelton, Debra Stevens with La Radio.
[01:19:39.000 --> 01:19:46.000]  And Irma, where were we when we went out?
[01:19:46.000 --> 01:19:52.000]  Well, we were talking about modification.
[01:19:52.000 --> 01:20:00.000]  Oh, I asked you how attached you were to the house, and the reason I asked that question,
[01:20:00.000 --> 01:20:07.000]  if the house is not a family home, and even though you like the house,
[01:20:07.000 --> 01:20:15.000]  if you're $30,000 upside down on it, then if you don't,
[01:20:15.000 --> 01:20:25.000]  if it's not critically important that you keep the house, it opens a whole lot of options to you.
[01:20:25.000 --> 01:20:31.000]  But the best one, since you really like the house, the option of short selling the house or something,
[01:20:31.000 --> 01:20:39.000]  to save your credit so you can then go back in and purchase another house at a really low interest rate.
[01:20:39.000 --> 01:20:50.000]  I would consider that. I mean, I love the house, so my concern is, given the circumstance that I'm dealing with,
[01:20:50.000 --> 01:20:58.000]  that I would not be able to keep this house and then would not be able to purchase another one.
[01:20:58.000 --> 01:21:05.000]  Well, if you expect you may lose it anyway, then it gives you a little more swinging room.
[01:21:05.000 --> 01:21:13.000]  You can be a little more risky going after them, but regardless of what you try to do,
[01:21:13.000 --> 01:21:18.000]  the only thing that's ever going to get the bank's attention is when you sue them.
[01:21:18.000 --> 01:21:28.000]  And since you're not quite behind yet and just expect to be, you're in a position to set them up.
[01:21:28.000 --> 01:21:36.000]  They always screw up the modification program. It's a humongous scam.
[01:21:36.000 --> 01:21:50.000]  So I would suggest that you ask them for a modification and make sure you record every conversation
[01:21:50.000 --> 01:21:58.000]  because they will ask you for documentation and they will assure you that you're going to qualify.
[01:21:58.000 --> 01:22:05.000]  And they'll tell you you have to get so many payments behind before you qualify.
[01:22:05.000 --> 01:22:09.000]  And if you're looking at not being able to pay it anyway,
[01:22:09.000 --> 01:22:17.000]  then you go for the modification process and get them to tell you that you have to be three payments behind.
[01:22:17.000 --> 01:22:21.000]  They don't. They made that up. But if you're three payments behind,
[01:22:21.000 --> 01:22:30.000]  they can move the foreclosure process ahead while they're purporting to offer you a modification.
[01:22:30.000 --> 01:22:32.000]  You see where I'm going?
[01:22:32.000 --> 01:22:34.000]  Yes.
[01:22:34.000 --> 01:22:43.000]  They tell you not to pay. So then when your credit gets dinged, you blame them for it.
[01:22:43.000 --> 01:22:47.000]  It's going to come anyway.
[01:22:47.000 --> 01:22:57.000]  And then if you record all your conversations with them, then you will have a claim of promissory estoppel.
[01:22:57.000 --> 01:23:08.000]  They make promises that they knew they did not intend to keep and they use these promises to defraud you.
[01:23:08.000 --> 01:23:15.000]  So when they tell you to stop paying the payments in order to modify,
[01:23:15.000 --> 01:23:28.000]  they are now subject to collateral estoppel, I'm sorry, equitable estoppel from foreclosing.
[01:23:28.000 --> 01:23:36.000]  Because they advised you to create a condition that would put your property in jeopardy.
[01:23:36.000 --> 01:23:44.000]  They cannot then come and try to take the property that they put in jeopardy.
[01:23:44.000 --> 01:23:50.000]  That goes to the clean hands doctrine. They come to the court with unclean hands.
[01:23:50.000 --> 01:23:56.000]  So if you're going to be behind anyway, you might want to go for the loan modification.
[01:23:56.000 --> 01:24:07.000]  Make sure you record every conversation.
[01:24:07.000 --> 01:24:09.000]  Wait, say that again.
[01:24:09.000 --> 01:24:12.000]  Did they know that I'm recording them?
[01:24:12.000 --> 01:24:17.000]  No, absolutely not.
[01:24:17.000 --> 01:24:20.000]  I think I've checked Georgia. Georgia, you don't have to tell them.
[01:24:20.000 --> 01:24:28.000]  As long as one party to the conversation is aware that it's being recorded, that's all it takes.
[01:24:28.000 --> 01:24:42.000]  And just in case, as a way to avoid that, as soon as you've recorded the conversation, transcribe it to paper.
[01:24:42.000 --> 01:24:50.000]  If you file that in the court, if they question you as to the accuracy of any of these terms in here,
[01:24:50.000 --> 01:24:56.000]  you can tell them everything is exactly how it happened.
[01:24:56.000 --> 01:25:05.000]  I had a lawyer once dumb enough to say when I was telling him what was said a couple of years ago,
[01:25:05.000 --> 01:25:12.000]  I told him exactly what was said between me and another guy who I'd bought a business from and he had passed away.
[01:25:12.000 --> 01:25:16.000]  You can't testify to what somebody else said once they passed away.
[01:25:16.000 --> 01:25:23.000]  So they asked me, did you sign these promissory notes? Yes, I did.
[01:25:23.000 --> 01:25:29.000]  There's six of them for 2,000 apiece. Did you sign all those? Yes, I did.
[01:25:29.000 --> 01:25:36.000]  Did Mr. Woodard give you $12,000? No, he didn't.
[01:25:36.000 --> 01:25:43.000]  Well, he asked, you know, what was the condition of giving you this?
[01:25:43.000 --> 01:25:49.000]  And I said, this is what Mr. Loren and I agreed to, and I told him.
[01:25:49.000 --> 01:25:52.000]  And then he said, are you sure that's what they agreed to?
[01:25:52.000 --> 01:25:57.000]  He asked, what was Mr. Loren's comment or something? I forget exactly what he asked.
[01:25:57.000 --> 01:26:04.000]  But I quoted the other guy who had been dead for two years exactly.
[01:26:04.000 --> 01:26:08.000]  He said, are you sure that's what's said? I'm sure that's exactly what was said.
[01:26:08.000 --> 01:26:14.000]  Well, Mr. Kelton, you must have a perfect memory. Oh, no, I have a horrible memory.
[01:26:14.000 --> 01:26:22.000]  And the judge, I saw him out of the corner of my eye, he ducked his head and put his head in his head and he's kind of shaking his head.
[01:26:22.000 --> 01:26:28.000]  He sees the train coming. Do you have a terrible memory? Yes, I do.
[01:26:28.000 --> 01:26:34.000]  And how do you know this is accurate? Well, I took it from the transcript.
[01:26:34.000 --> 01:26:39.000]  What transcript? The one I transcribed from the recording.
[01:26:39.000 --> 01:26:59.000]  I'm Jackson. I'm Jackson. And the judge said, no, counselor, you opened that door. A transcript of a recording is as good as if not better than the recording for evidentiary purposes.
[01:26:59.000 --> 01:27:12.000]  Keep every conversation recorded. Preferably, you tell them don't call me, do everything in paper.
[01:27:12.000 --> 01:27:17.000]  But they'll call you anyway. Make sure you record it.
[01:27:17.000 --> 01:27:31.000]  Okay, because that was my next question, because I did send them the first debt validation letter. And inside that letter, it's told them not to call, to contact me, except by written document only.
[01:27:31.000 --> 01:27:37.000]  Now, if I'm going to be calling them for loan modification, so that's...
[01:27:37.000 --> 01:27:47.000]  That's a different issue. They can call you about the loan modification. And that, in order to get the modification, you'll have to be a little less restrictive.
[01:27:47.000 --> 01:28:01.000]  Let them call you, but make sure you got a recorder. If you give them a Skype number, and you can get a Skype number for like $60 a year, you can give them that number.
[01:28:01.000 --> 01:28:13.000]  Oh, wait, I think Skype has a new feature where you can set it so it shows this number, and you can forward like a cell phone number to Skype.
[01:28:13.000 --> 01:28:26.000]  Because on Skype, it's a free download. There's a download called Call Graph, and that's a really elegant recorder.
[01:28:26.000 --> 01:28:34.000]  If you have it turned on, every time you make a call, it'll start recording automatically and save it to your hard drive.
[01:28:34.000 --> 01:28:42.000]  It's absolutely great. It's free, and it has a transcribing service.
[01:28:42.000 --> 01:28:57.000]  So you might want to do that because you're going to want to set them up. You're going to want to keep everything they say to you so you can take it and cram it down their throats in the form of promissory and collateral estoppel.
[01:28:57.000 --> 01:29:07.000]  We let them run their fraud, but this time the one they're running it on, running it on, knows all about it.
[01:29:07.000 --> 01:29:13.000]  Okay. Now, I just have one other question.
[01:29:13.000 --> 01:29:22.000]  So after I get the recording, and I get them to say what I want them to say, and then transfer that to Francis.
[01:29:22.000 --> 01:29:34.000]  And as far as my credit, because I will be three months behind at that point.
[01:29:34.000 --> 01:29:42.000]  If they ding your credit after they told you to stop paying, then we go to the Mike Mirris message.
[01:29:42.000 --> 01:29:47.000]  And Mike Mirris will show you how to hammer these guys big time.
[01:29:47.000 --> 01:29:51.000]  Hang on, Randy Kelton, Deborah Stevens, Wheel of Law Radio.
[01:29:51.000 --> 01:30:02.000]  Our call in number 512-646-1984. We'll be right back.
[01:30:02.000 --> 01:30:06.000]  Say if you hear zip code. How many times have we all heard that at the check stand?
[01:30:06.000 --> 01:30:08.000]  But we may not be hearing it much longer.
[01:30:08.000 --> 01:30:15.000]  Look at your Catherine Albrecht, and I'll be right back to tell you how privacy lawsuits may put an end to this annoying and invasive practice.
[01:30:15.000 --> 01:30:22.000]  Your search engine is watching you, recording all your searches and creating a massive database of your personal information.
[01:30:22.000 --> 01:30:23.000]  That's creepy.
[01:30:23.000 --> 01:30:25.000]  But it doesn't have to be that way.
[01:30:25.000 --> 01:30:28.000]  Startpage.com is the world's most private search engine.
[01:30:28.000 --> 01:30:34.000]  Startpage doesn't store your IP address, make a record of your searches or use tracking cookies, and they're third-party certified.
[01:30:34.000 --> 01:30:38.000]  If you don't like big brother spying on you, start over with Startpage.
[01:30:38.000 --> 01:30:41.000]  Great search results and total privacy.
[01:30:41.000 --> 01:30:44.000]  Startpage.com, the world's most private search engine.
[01:30:44.000 --> 01:30:49.000]  The checkout clerk asks for your zip code and punches it into the store's database when you pay.
[01:30:49.000 --> 01:30:50.000]  What's the harm?
[01:30:50.000 --> 01:30:57.000]  Well, when the store combines that zip code with credit card information, it can make a pretty good guess about who you are and where you live.
[01:30:57.000 --> 01:31:02.000]  Retailers connect the dots to create consumer profiles that fuel their marketing efforts.
[01:31:02.000 --> 01:31:07.000]  Consumers fed up with this nosy practice of filed lawsuits against retailers in California.
[01:31:07.000 --> 01:31:13.000]  That state's laws prohibit zip code collection in conjunction with store credit card transactions.
[01:31:13.000 --> 01:31:20.000]  If you want to maintain your privacy, it's best to pay with cash and never volunteer a phone number, zip code or other identifier.
[01:31:20.000 --> 01:31:30.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
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[01:33:01.000 --> 01:33:23.000]  You are listening to the Logos Radio Network, logosradionetwork.com.
[01:33:31.000 --> 01:34:00.000]  OK, we are back. Randy Kelton, Deborah Stevens, Ludovar Radio and Irma, you had one more question for us.
[01:34:00.000 --> 01:34:03.000]  Can you start that again?
[01:34:03.000 --> 01:34:09.000]  Well, I was speaking to you about the validation letter and you said that that was different.
[01:34:09.000 --> 01:34:17.000]  But should I move forward with the three documents that you are going to send me or should I just go for the loan modification?
[01:34:17.000 --> 01:34:28.000]  And if so, there is a company called NACA, should I go with them or try to proceed with this thing to do this myself?
[01:34:28.000 --> 01:34:34.000]  Well, we have a company that helps people with it.
[01:34:34.000 --> 01:34:45.000]  NACA, you know, they are all over the country and what NACA will do is try to set you up and feed you to an attorney.
[01:34:45.000 --> 01:34:47.000]  OK.
[01:34:47.000 --> 01:34:53.000]  And then the attorney will do his best to see how much of your estate he can swallow.
[01:34:53.000 --> 01:34:59.000]  I wish that wasn't the case and I have people calling me saying, do you have attorneys you can recommend?
[01:34:59.000 --> 01:35:06.000]  And I say, I've only been doing this five years and I haven't been able to find an honest attorney yet.
[01:35:06.000 --> 01:35:08.000]  I'm still looking.
[01:35:08.000 --> 01:35:18.000]  So, Wednesday night, we do a conference call on foreclosures specifically.
[01:35:18.000 --> 01:35:28.000]  And if you will send me an email at the radio station email, I will give you the number to do that conference call.
[01:35:28.000 --> 01:35:29.000]  OK.
[01:35:29.000 --> 01:35:31.000]  Then listen to us more.
[01:35:31.000 --> 01:35:33.000]  We'll tell you how to do this.
[01:35:33.000 --> 01:35:36.000]  And if you need help, we can help you with it.
[01:35:36.000 --> 01:35:37.000]  OK.
[01:35:37.000 --> 01:35:43.000]  And should I go ahead with those three documents that you told me to file around the contract?
[01:35:43.000 --> 01:35:44.000]  Yes.
[01:35:44.000 --> 01:35:48.000]  Start all that and just go for the loan modification.
[01:35:48.000 --> 01:35:49.000]  Yeah.
[01:35:49.000 --> 01:35:52.000]  Right now, no, I wouldn't do anything right now.
[01:35:52.000 --> 01:36:00.000]  Just go for the loan modification because you're going to get them to commit fraud against you.
[01:36:00.000 --> 01:36:10.000]  And since you're likely to get behind on payments anyway, set it up so you can blame them.
[01:36:10.000 --> 01:36:11.000]  It's all your fault.
[01:36:11.000 --> 01:36:15.000]  You told me to stop paying, otherwise I'd have kept paying.
[01:36:15.000 --> 01:36:16.000]  OK.
[01:36:16.000 --> 01:36:17.000]  I got it.
[01:36:17.000 --> 01:36:18.000]  OK.
[01:36:18.000 --> 01:36:19.000]  All right.
[01:36:19.000 --> 01:36:21.000]  That sounds great.
[01:36:21.000 --> 01:36:22.000]  OK.
[01:36:22.000 --> 01:36:31.000]  Just go to Logos Radio Network and look up my name and you can find my email there.
[01:36:31.000 --> 01:36:35.000]  It's randy at ruleoflawradio.com.
[01:36:35.000 --> 01:36:41.000]  Send me an email and I'll send you the access codes for this call and show on Wednesday.
[01:36:41.000 --> 01:36:42.000]  OK.
[01:36:42.000 --> 01:36:43.000]  Thank you so much.
[01:36:43.000 --> 01:36:44.000]  OK.
[01:36:44.000 --> 01:36:45.000]  So that's great.
[01:36:45.000 --> 01:36:46.000]  And thank you for the help.
[01:36:46.000 --> 01:36:53.000]  I really appreciate you really being so informative and helping all of us.
[01:36:53.000 --> 01:36:55.000]  I just thank you for all of that.
[01:36:55.000 --> 01:36:56.000]  All right.
[01:36:56.000 --> 01:36:57.000]  You are most welcome.
[01:36:57.000 --> 01:36:58.000]  OK.
[01:36:58.000 --> 01:37:05.000]  We are going to Terrence in Georgia and Terrence, thank you for your patience.
[01:37:05.000 --> 01:37:07.000]  You have been on.
[01:37:07.000 --> 01:37:11.000]  Everybody up to this point was on when the show started.
[01:37:11.000 --> 01:37:14.000]  So they've been very patient waiting on me.
[01:37:14.000 --> 01:37:15.000]  Thank you, Terrence.
[01:37:15.000 --> 01:37:18.000]  What do you have for us tonight?
[01:37:18.000 --> 01:37:19.000]  Thank you, Randy.
[01:37:19.000 --> 01:37:20.000]  Thank you so much.
[01:37:20.000 --> 01:37:24.000]  Actually, I started in Tennessee and now I'm in Kentucky.
[01:37:24.000 --> 01:37:29.000]  And I only lost connection twice, so I'm doing pretty good.
[01:37:29.000 --> 01:37:31.000]  I can tell you something about that.
[01:37:31.000 --> 01:37:36.000]  I used to live in Tennessee right on the Kentucky line.
[01:37:36.000 --> 01:37:45.000]  And I used to stand in Tennessee and urinate in Kentucky.
[01:37:45.000 --> 01:37:49.000]  The Kentuckians never found that as funny as I did.
[01:37:49.000 --> 01:37:56.000]  Well, there's a half a mile area at the Tennessee-Kentucky line where I lose internet and phone,
[01:37:56.000 --> 01:38:00.000]  and then it comes back.
[01:38:00.000 --> 01:38:06.000]  And before I ask my question, I wanted to caution because you and Deborah and Randy
[01:38:06.000 --> 01:38:14.000]  and even Rod Flass, Mark Stevens, you all offer information.
[01:38:14.000 --> 01:38:19.000]  If there's any fees required, you're very, very reasonable and honest and truthful.
[01:38:19.000 --> 01:38:24.000]  And you don't just put out stuff without any facts and evidence, speaking the truth.
[01:38:24.000 --> 01:38:31.000]  And my caution is when a caller says, well, send me an email and I'll tell you how to get an MSO.
[01:38:31.000 --> 01:38:36.000]  But what they don't say is, oh, by the way, it's going to cost you 50 bucks.
[01:38:36.000 --> 01:38:40.000]  And you don't get the...
[01:38:40.000 --> 01:38:48.000]  If he does that, I'll sting him good the next time he calls in.
[01:38:48.000 --> 01:38:50.000]  I do business.
[01:38:50.000 --> 01:38:54.000]  I do a foreclosure business.
[01:38:54.000 --> 01:39:00.000]  But I do not use my radio show as an infomercial.
[01:39:00.000 --> 01:39:07.000]  And if I don't get to do it, I'm not going to let somebody else do it.
[01:39:07.000 --> 01:39:11.000]  Well, I'll just caution you, I'll send you the email.
[01:39:11.000 --> 01:39:18.000]  My question is, a gentleman called in about, should I sign my ID, my state ID?
[01:39:18.000 --> 01:39:26.000]  And what I was wondering, whenever I sign, like I state a lot of hotels,
[01:39:26.000 --> 01:39:36.000]  and another company arranges a hotel that they have me sign a document when I reserve a room,
[01:39:36.000 --> 01:39:42.000]  and I sign on their signature at arm's length, and then I sign my name.
[01:39:42.000 --> 01:39:47.000]  So I sign that document at arm's length because there's nothing disclosed between the contract
[01:39:47.000 --> 01:39:50.000]  that I have no idea what they've agreed to.
[01:39:50.000 --> 01:39:55.000]  And when I sign that document, I don't want to agree to something I don't know about.
[01:39:55.000 --> 01:39:57.000]  So I sign at arm's length.
[01:39:57.000 --> 01:40:00.000]  And I was wondering what your thoughts were.
[01:40:00.000 --> 01:40:05.000]  My last driver's license I got from Florida, they give you a sheet of paper to fill out,
[01:40:05.000 --> 01:40:07.000]  and it's got a lot of questions on it.
[01:40:07.000 --> 01:40:11.000]  One of the questions, are you known by any other name?
[01:40:11.000 --> 01:40:15.000]  And I write my name in all capital letters.
[01:40:15.000 --> 01:40:17.000]  And then when I...
[01:40:17.000 --> 01:40:19.000]  I like that, I like.
[01:40:19.000 --> 01:40:21.000]  That's nicely done.
[01:40:21.000 --> 01:40:28.000]  And on the original thing, when I apply, I have my name in upper and lowercase.
[01:40:28.000 --> 01:40:30.000]  Are you known by any other name?
[01:40:30.000 --> 01:40:32.000]  Well, I put my name in all caps.
[01:40:32.000 --> 01:40:39.000]  And this is just a piece of paper that they have you sign that doesn't say anything else,
[01:40:39.000 --> 01:40:41.000]  except you answer these questions.
[01:40:41.000 --> 01:40:45.000]  And I sign it at arm's length, and then I write my signature.
[01:40:45.000 --> 01:40:53.000]  And I was wondering what your thoughts on the gentleman getting an ID if he was to sign at arm's length
[01:40:53.000 --> 01:41:01.000]  instead of something like all rights reserved or non-assumption or something like that.
[01:41:01.000 --> 01:41:08.000]  Okay, I've been doing this show a long time, and I've had a lot of people come and talk on the show
[01:41:08.000 --> 01:41:11.000]  and ask me questions about that.
[01:41:11.000 --> 01:41:17.000]  And the guy earlier, when he mentioned, what was his name?
[01:41:17.000 --> 01:41:19.000]  Not Winston Shroud, but the other one.
[01:41:19.000 --> 01:41:23.000]  I keep forgetting his name.
[01:41:23.000 --> 01:41:30.000]  I talked to him about this because I wanted to find some support for all of these accusations
[01:41:30.000 --> 01:41:33.000]  and assertions that they're making.
[01:41:33.000 --> 01:41:42.000]  And nobody's ever gave me the support, so non-assumptive or without recourse.
[01:41:42.000 --> 01:41:48.000]  Now, without recourse is actually in the Uniform Commercial Code,
[01:41:48.000 --> 01:41:59.000]  but just that it's in there did not indicate that signing your name with that string of letters behind it
[01:41:59.000 --> 01:42:04.000]  carried any specific purpose.
[01:42:04.000 --> 01:42:12.000]  And it seems like these guys read these documents and misinterpret them.
[01:42:12.000 --> 01:42:19.000]  I do have a concern with the idea that you have to give notice.
[01:42:19.000 --> 01:42:30.000]  When I sign a contract, I sign a contract agreeing to those provisions of the contract that have been revealed to me.
[01:42:30.000 --> 01:42:37.000]  If they have not been revealed to me, then there is no meeting of minds,
[01:42:37.000 --> 01:42:41.000]  and I can't be held to what wasn't revealed to me.
[01:42:41.000 --> 01:42:47.000]  I don't need to put without recourse or non-assumptive or anything else.
[01:42:47.000 --> 01:42:54.000]  That law is in place already, so I personally don't see the value in it,
[01:42:54.000 --> 01:43:01.000]  and I've had people talk about it like it was some special thing that had special meaning.
[01:43:01.000 --> 01:43:04.000]  Well, show me the case law.
[01:43:04.000 --> 01:43:10.000]  Nobody ever has, so I don't think a whole lot about that.
[01:43:10.000 --> 01:43:14.000]  I do think you need to be careful about the contracts you sign,
[01:43:14.000 --> 01:43:23.000]  and especially the contracts that you allow yourself into by adhesion.
[01:43:23.000 --> 01:43:29.000]  If you want to do this, then you have to accept this other over here,
[01:43:29.000 --> 01:43:34.000]  and this other may or may not be consumable.
[01:43:34.000 --> 01:43:36.000]  Does that make sense?
[01:43:36.000 --> 01:43:44.000]  Yes, it does, and I just stick with the at arm's length agreement and let it go at that because that's easy.
[01:43:44.000 --> 01:43:47.000]  Yeah, that's not objectionable.
[01:43:47.000 --> 01:43:53.000]  That with all rights reserved, blah, blah, blah, that gets these guys real excited.
[01:43:53.000 --> 01:43:56.000]  If you put it at arm's length, they're going to wonder what that's about.
[01:43:56.000 --> 01:43:58.000]  They're probably not going to get a negative reserve.
[01:43:58.000 --> 01:44:00.000]  We'll be right back.
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[01:46:22.000 --> 01:46:49.000]  The people come down from the hill
[01:46:49.000 --> 01:46:56.000]  They come down from the hill
[01:46:56.000 --> 01:46:58.000]  Into the city, they come down from the hill
[01:46:58.000 --> 01:47:04.000]  Okay, we are back. Brandy Kelton, Deborah Stevens, Rule of Law Radio, and we're talking to Terrence in Georgia.
[01:47:04.000 --> 01:47:10.000]  Terrence, we really need to move quickly. We've got one segment and two callers.
[01:47:10.000 --> 01:47:15.000]  Have we pretty well handled? Where were we when we went out?
[01:47:15.000 --> 01:47:20.000]  You answered me, and thank you so much, and have a fantastic weekend.
[01:47:20.000 --> 01:47:27.000]  Thank you. Okay, thank you very much, Terrence. Okay, we're going to go to Caprice in California.
[01:47:27.000 --> 01:47:29.000]  Hi, how are you doing?
[01:47:29.000 --> 01:47:33.000]  I am doing good. Interesting name.
[01:47:33.000 --> 01:47:45.000]  I was listening to your video that you had on YouTube, and I got a pretty difficult situation.
[01:47:45.000 --> 01:47:49.000]  My grandfather left me a house in a living trust.
[01:47:49.000 --> 01:47:55.000]  It first started out with just being, he just left it to me to where we had to go through a probate.
[01:47:55.000 --> 01:48:02.000]  So before he died, he switched his will around, and he did it in a rest home.
[01:48:02.000 --> 01:48:05.000]  And let's see how it goes now.
[01:48:05.000 --> 01:48:12.000]  Okay, so anyways, he died in 2005, but the house went by name in 2006.
[01:48:12.000 --> 01:48:21.000]  And two banks came at me, Countrywide and Washington Mutual, because he went for a loan at two different banks.
[01:48:21.000 --> 01:48:26.000]  They stopped the loan at the Washington Mutual bank, but the underwriter didn't tell the bank.
[01:48:26.000 --> 01:48:32.000]  So here I am trying to catch that loan up, thinking it's going to go in foreclosure, because they told me the house was going in foreclosure.
[01:48:32.000 --> 01:48:34.000]  Washington Mutual?
[01:48:34.000 --> 01:48:35.000]  Yeah.
[01:48:35.000 --> 01:48:37.000]  I can give you a way to handle that one.
[01:48:37.000 --> 01:48:46.000]  Washington Mutual went out of business, and they did not transfer the Deeds of Trust to...
[01:48:46.000 --> 01:48:50.000]  That loan got cancelled, but the underwriter didn't tell the bank.
[01:48:50.000 --> 01:48:53.000]  It took me a year to get those two to talk.
[01:48:53.000 --> 01:48:58.000]  Okay, so that's where it started kicking off, where I started falling behind.
[01:48:58.000 --> 01:49:04.000]  Well, then Countrywide didn't tell me that they are the main people that's on the loan.
[01:49:04.000 --> 01:49:05.000]  Okay.
[01:49:05.000 --> 01:49:10.000]  Have you looked in the public record to see what's been filed there?
[01:49:10.000 --> 01:49:11.000]  I have.
[01:49:11.000 --> 01:49:12.000]  I have.
[01:49:12.000 --> 01:49:17.000]  I have every piece of document that they own or have sent to me.
[01:49:17.000 --> 01:49:23.000]  They've been trying to foreclose on me since 2006.
[01:49:23.000 --> 01:49:24.000]  Ooh.
[01:49:24.000 --> 01:49:25.000]  Okay.
[01:49:25.000 --> 01:49:32.000]  Is there an action for foreclosure being pursued at the moment?
[01:49:32.000 --> 01:49:33.000]  No.
[01:49:33.000 --> 01:49:34.000]  Well, okay.
[01:49:34.000 --> 01:49:40.000]  I looked at the MRS.
[01:49:40.000 --> 01:49:42.000]  Okay, hold on, hold on.
[01:49:42.000 --> 01:49:43.000]  Okay.
[01:49:43.000 --> 01:49:47.000]  If you went into default in 2006...
[01:49:47.000 --> 01:49:48.000]  Yeah.
[01:49:48.000 --> 01:49:56.000] ...and there's no foreclosure in process, they are out of time.
[01:49:56.000 --> 01:49:57.000]  Yeah.
[01:49:57.000 --> 01:49:58.000]  Okay.
[01:49:58.000 --> 01:50:00.000]  Well, this is weird now.
[01:50:00.000 --> 01:50:01.000]  Okay.
[01:50:01.000 --> 01:50:04.000]  Since then, since all of this...
[01:50:04.000 --> 01:50:05.000]  Okay.
[01:50:05.000 --> 01:50:09.000]  Since then, they've transferred me to Nation Star.
[01:50:09.000 --> 01:50:10.000]  Yeah.
[01:50:10.000 --> 01:50:13.000]  And they changed my loan number because...
[01:50:13.000 --> 01:50:14.000]  Okay.
[01:50:14.000 --> 01:50:16.000]  That doesn't mean anything.
[01:50:16.000 --> 01:50:17.000]  Okay.
[01:50:17.000 --> 01:50:23.000]  Well, in general, is that all that's involved in it?
[01:50:23.000 --> 01:50:24.000]  What is your question?
[01:50:24.000 --> 01:50:28.000]  We're not going to have time to go through all of the details of all of the transfers
[01:50:28.000 --> 01:50:32.000]  and such tonight, but did you have a specific question?
[01:50:32.000 --> 01:50:33.000]  Yeah.
[01:50:33.000 --> 01:50:34.000]  What should I do?
[01:50:34.000 --> 01:50:37.000]  I mean, I don't know what's happening here.
[01:50:37.000 --> 01:50:38.000]  Okay.
[01:50:38.000 --> 01:50:41.000]  That's kind of what I figured.
[01:50:41.000 --> 01:50:46.000]  It's way too much to do in just the three or four minutes we've got left.
[01:50:46.000 --> 01:50:55.000]  Send me an email, Randy at ruleoflawradio.com, and I'll send you the access code to this
[01:50:55.000 --> 01:50:58.000]  Wednesday night conference call.
[01:50:58.000 --> 01:50:59.000]  It's different than the radio show.
[01:50:59.000 --> 01:51:00.000]  It's a conference call.
[01:51:00.000 --> 01:51:01.000]  So you can...
[01:51:01.000 --> 01:51:03.000]  If you have a question, you can jump in.
[01:51:03.000 --> 01:51:08.000]  You don't have to wait four hours to get on the call.
[01:51:08.000 --> 01:51:11.000]  You'll be on the call pretty much all the time.
[01:51:11.000 --> 01:51:15.000]  And we can address this more there.
[01:51:15.000 --> 01:51:24.000]  If you haven't listened to this before, what we present is a lot of information.
[01:51:24.000 --> 01:51:32.000]  We've been a long time organizing this information in a way that will make cumulative
[01:51:32.000 --> 01:51:34.000]  sense to you.
[01:51:34.000 --> 01:51:37.000]  But the first time you hear it, it won't make a lot of sense.
[01:51:37.000 --> 01:51:40.000]  The second time, the pieces will start fitting into place.
[01:51:40.000 --> 01:51:45.000]  By the fourth or fifth time you're hearing it, this will begin to make sense.
[01:51:45.000 --> 01:51:50.000]  And then you'll begin to really understand what you can do to stop these guys.
[01:51:50.000 --> 01:51:54.000]  Right now, these guys can't be...
[01:51:54.000 --> 01:51:57.000]  We're going to suggest, get a warranty deed in the record.
[01:51:57.000 --> 01:52:00.000]  Get this thing in another name.
[01:52:00.000 --> 01:52:02.000]  Okay.
[01:52:02.000 --> 01:52:03.000]  They're out of time to foreclose.
[01:52:03.000 --> 01:52:06.000]  They only got six years max.
[01:52:06.000 --> 01:52:07.000]  Okay.
[01:52:07.000 --> 01:52:09.000]  Yeah.
[01:52:09.000 --> 01:52:14.000]  You see, the thing is, is that they have...
[01:52:14.000 --> 01:52:16.000]  I've been going through this with them for so long.
[01:52:16.000 --> 01:52:22.000]  And it was a predatory lending situation from the start for an 86-year-old man.
[01:52:22.000 --> 01:52:26.000]  By the time he would have got them paying the loan off, it would have been almost a million dollars.
[01:52:26.000 --> 01:52:31.000]  And there was 119 violations on the contract.
[01:52:31.000 --> 01:52:38.000]  I listened to everything he said today on your YouTube thing, and it made sense to me.
[01:52:38.000 --> 01:52:43.000]  I kept watching it over and over, and it really makes sense what you're saying.
[01:52:43.000 --> 01:52:45.000]  So I know that I have something here.
[01:52:45.000 --> 01:52:46.000]  Does he try to send me something?
[01:52:46.000 --> 01:52:47.000]  Okay.
[01:52:47.000 --> 01:52:49.000]  We have a whole lot more information.
[01:52:49.000 --> 01:52:54.000]  And on the Wednesday Night Show, we can give you more time and go to specific details.
[01:52:54.000 --> 01:52:58.000]  Make sure you have all of the documents available.
[01:52:58.000 --> 01:53:02.000]  It's better if you email them to me beforehand.
[01:53:02.000 --> 01:53:07.000]  Then I can open the documents and look down through them and give you a real quick assessment.
[01:53:07.000 --> 01:53:08.000]  Okay.
[01:53:08.000 --> 01:53:09.000]  Yeah.
[01:53:09.000 --> 01:53:12.000]  I have every single piece of paper and recordings, everything.
[01:53:12.000 --> 01:53:13.000]  Okay.
[01:53:13.000 --> 01:53:15.000]  Do this for me.
[01:53:15.000 --> 01:53:18.000]  If your documents are in PDFs, that's great.
[01:53:18.000 --> 01:53:23.000]  If they're not in PDFs, then they're images.
[01:53:23.000 --> 01:53:25.000]  Select all of the images from one document.
[01:53:25.000 --> 01:53:28.000]  Drop them in a Word document.
[01:53:28.000 --> 01:53:32.000]  Click Insert Picture.
[01:53:32.000 --> 01:53:34.000]  Go to that folder.
[01:53:34.000 --> 01:53:37.000]  Select all of the images from one document.
[01:53:37.000 --> 01:53:38.000]  Hit Enter.
[01:53:38.000 --> 01:53:40.000]  It drops it in the Word document.
[01:53:40.000 --> 01:53:45.000]  If you have Acrobat, then you can save the Word document as a PDF.
[01:53:45.000 --> 01:53:47.000]  If not, just save it as a Word document.
[01:53:47.000 --> 01:53:49.000]  Send it to me that way.
[01:53:49.000 --> 01:53:50.000]  Okay.
[01:53:50.000 --> 01:53:51.000]  I have it.
[01:53:51.000 --> 01:53:56.000]  I open it up, convert it into a PDF, and I get a nice clean PDF.
[01:53:56.000 --> 01:54:05.000]  Instead of, I've had people, one person send me 100 individual pages in an email,
[01:54:05.000 --> 01:54:08.000]  and that reader gave me a headache.
[01:54:08.000 --> 01:54:09.000]  Okay.
[01:54:09.000 --> 01:54:10.000]  No doubt.
[01:54:10.000 --> 01:54:11.000]  Okay.
[01:54:11.000 --> 01:54:12.000]  Now, what documents do you want?
[01:54:12.000 --> 01:54:15.000]  Because I have boxes and stacks and stacks.
[01:54:15.000 --> 01:54:18.000]  I don't need the closing documents.
[01:54:18.000 --> 01:54:24.000]  For the closing, I need, note, HUD 1 settlement statement, truth, and lending statement.
[01:54:24.000 --> 01:54:25.000]  Right.
[01:54:25.000 --> 01:54:26.000]  Okay.
[01:54:26.000 --> 01:54:28.000]  That's all from the closing documents.
[01:54:28.000 --> 01:54:36.000]  Everything else is what has been filed in the county record since you received a warranty deed.
[01:54:36.000 --> 01:54:37.000]  Nothing.
[01:54:37.000 --> 01:54:39.000]  2006.
[01:54:39.000 --> 01:54:40.000]  Good.
[01:54:40.000 --> 01:54:51.000]  A search done by the clerk showing what appears so that we can say definitively,
[01:54:51.000 --> 01:54:55.000]  this is what is in the record and did nothing else.
[01:54:55.000 --> 01:54:56.000]  Yeah.
[01:54:56.000 --> 01:55:02.000]  I was just one of those things you request that they supply everything you ask for.
[01:55:02.000 --> 01:55:05.000]  I forget the word of it because there's been so much stuff going on.
[01:55:05.000 --> 01:55:06.000]  There are.
[01:55:06.000 --> 01:55:11.000]  Okay, if you did a debt validation or a QWR and they sent you a stack of documents,
[01:55:11.000 --> 01:55:12.000]  those are worthless.
[01:55:12.000 --> 01:55:13.000]  Those are garbage.
[01:55:13.000 --> 01:55:14.000]  Okay.
[01:55:14.000 --> 01:55:15.000]  They just do that.
[01:55:15.000 --> 01:55:18.000]  Those aren't the ones that mean anything.
[01:55:18.000 --> 01:55:20.000]  So we're about out of time.
[01:55:20.000 --> 01:55:21.000]  We've only got three minutes.
[01:55:21.000 --> 01:55:22.000]  I've got one more caller.
[01:55:22.000 --> 01:55:24.000]  Send me an email.
[01:55:24.000 --> 01:55:26.000]  I'll give you the number to this call-in show,
[01:55:26.000 --> 01:55:30.000]  and we can address your issue in a lot more detail there.
[01:55:30.000 --> 01:55:31.000]  Thank you so much for your help.
[01:55:31.000 --> 01:55:32.000]  I appreciate it.
[01:55:32.000 --> 01:55:34.000]  You are welcome.
[01:55:34.000 --> 01:55:39.000]  Okay, we're going to go to Johnny in Texas.
[01:55:39.000 --> 01:55:40.000]  Hello, Mr. John.
[01:55:40.000 --> 01:55:43.000]  What do you have for us?
[01:55:43.000 --> 01:55:49.000]  Well, I wanted to address the MERS as mortgagee issue in Texas.
[01:55:49.000 --> 01:55:52.000]  I found some interesting stuff.
[01:55:52.000 --> 01:56:03.000]  Are you familiar with the 2007 meeting on the task force for judicial proposal rules?
[01:56:03.000 --> 01:56:05.000]  No.
[01:56:05.000 --> 01:56:09.000]  Meeting where or who?
[01:56:09.000 --> 01:56:11.000]  Judges, a whole bunch of attorneys from Barrett-Daphne,
[01:56:11.000 --> 01:56:14.000]  a bunch of other attorneys.
[01:56:14.000 --> 01:56:18.000]  I have the transcript of it that I got from the Texas Supreme Court website.
[01:56:18.000 --> 01:56:19.000]  It's very long.
[01:56:19.000 --> 01:56:20.000]  I know we don't have a lot of time.
[01:56:20.000 --> 01:56:22.000]  I'll send it to you.
[01:56:22.000 --> 01:56:26.000]  But basically, attorneys were talking about MERS,
[01:56:26.000 --> 01:56:28.000]  some of the attorneys from Barrett-Daphne,
[01:56:28.000 --> 01:56:33.000]  and they were telling the judges that MERS is the,
[01:56:33.000 --> 01:56:36.000]  they say it's a registration system.
[01:56:36.000 --> 01:56:37.000]  That's all it is.
[01:56:37.000 --> 01:56:42.000]  It is the book entry system that is defined by the property code.
[01:56:42.000 --> 01:56:44.000]  So I went and looked in the property code,
[01:56:44.000 --> 01:56:52.000]  and 51.0001 subsection 4 defines mortgagee as A,
[01:56:52.000 --> 01:56:56.000]  the grantee, beneficiary, owner, or holder of a security instrument,
[01:56:56.000 --> 01:56:59.000]  B, a book entry system,
[01:56:59.000 --> 01:57:03.000]  or C, if the security interest has been assigned, blah, blah, blah.
[01:57:03.000 --> 01:57:09.000]  Well, I found a bunch of other cases where attorneys have been going into court,
[01:57:09.000 --> 01:57:17.000]  into Texas courts, and arguing that MERS is the mortgagee defined by 51.0001
[01:57:17.000 --> 01:57:22.000]  for the property code, the book entry system.
[01:57:22.000 --> 01:57:25.000]  Yeah, that was put in for MERS.
[01:57:25.000 --> 01:57:29.000]  That was Barrett-Daphne paid some people to have that put in,
[01:57:29.000 --> 01:57:32.000]  and I'm not going to get off on that now.
[01:57:32.000 --> 01:57:34.000]  But we don't care about that.
[01:57:34.000 --> 01:57:40.000]  We're going to claim that we're not going to whether MERS exists or what they are.
[01:57:40.000 --> 01:57:45.000]  We're going to how they're defined in the deed of trust.
[01:57:45.000 --> 01:57:48.000]  Well, but look up the definition of book entry system.
[01:57:48.000 --> 01:57:53.000]  It means the national book entry system for registering a beneficial interest
[01:57:53.000 --> 01:57:57.000]  with a security instrument that acts as nominee for the grantee,
[01:57:57.000 --> 01:57:59.000]  beneficiary, owner, or holder.
[01:57:59.000 --> 01:58:04.000]  But in the deed, they claim to be both the nominee and the beneficiary,
[01:58:04.000 --> 01:58:06.000]  so there's a conflict there.
[01:58:06.000 --> 01:58:09.000]  They can't play on both sides in the defense of one.
[01:58:09.000 --> 01:58:10.000]  Right.
[01:58:10.000 --> 01:58:11.000]  Okay.
[01:58:11.000 --> 01:58:12.000]  I'm sorry.
[01:58:12.000 --> 01:58:13.000]  We are out of time.
[01:58:13.000 --> 01:58:15.000]  Sorry I made you hold until the end.
[01:58:15.000 --> 01:58:17.000]  This is Randy Kelton, Deborah Stevens.
[01:58:17.000 --> 01:58:18.000]  We live on our radio.
[01:58:18.000 --> 01:58:20.000]  We thank you all for listening.
[01:58:20.000 --> 01:58:25.000]  Deborah and Eddie will be back Monday with our traffic show.
[01:58:25.000 --> 01:58:31.000]  Deborah and I will be back Thursday, and I will have a new co-host on Fridays.
[01:58:31.000 --> 01:58:39.000]  The first two hours will be foreclosure issues and then open subjects after that.
[01:58:39.000 --> 01:58:42.000]  So make sure you listen in.
[01:58:42.000 --> 01:58:50.000]  Thank you for being here, and good night.
[01:59:12.000 --> 01:59:21.000]  Call us toll free at 888-551-0102 or visit us online at bfa.org.
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[01:59:30.000 --> 01:59:33.000]  This is truly a Bible you can understand.
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