ROL_2013-08-23_16k_Hr1-2.timecode

[00:00.000 --> 00:10.000]  You're listening to the Liberty Beats. Your daily source for Liberty news and activist updates.
[00:10.000 --> 00:14.000]  Online at BeLibertyBeats.com.
[00:14.000 --> 00:19.000]  John Bush here with your Liberty Beat from Friday, August 23, 2013.
[00:19.000 --> 00:28.000]  Gold opened today at $1,373. Silver at $23.10 and Bitcoin is trading at $108.
[00:28.000 --> 00:31.000]  Support for the Liberty Beat comes from Central Texas Gunworks.
[00:31.000 --> 00:35.000]  The adult form of self-defense training and firearm sales.
[00:35.000 --> 00:38.000]  Online at CentralTexasGunworks.com.
[00:38.000 --> 00:42.000]  And from Carmacazi Productions, the production house bringing you Sovereign Living the show.
[00:42.000 --> 00:47.000]  Specializing in high quality audio recording and video production for the Liberty Movement.
[00:47.000 --> 00:49.000]  Online at Carmacazi.TV.
[00:49.000 --> 00:51.000]  And now the news.
[00:51.000 --> 00:57.000]  On Thursday, the New York City Council voted for a set of bills that would create an external watchdog organization
[00:57.000 --> 00:59.000]  for the New York Police Department.
[00:59.000 --> 01:03.000]  The organization would assist people in filing claims against the NYPD.
[01:03.000 --> 01:08.000]  Mayor Michael Bloomberg was a harsh critic and vetoed the measure, calling it unnecessary.
[01:08.000 --> 01:12.000]  Supporters of the measure believe the legislation is a vital check on the police department,
[01:12.000 --> 01:22.000]  especially after criticism of the NYPD's stop and frisk policy, which was recently struck down by a federal judge.
[01:22.000 --> 01:29.000]  Budget cuts have hit the Central Intelligence Agency, leading to the closing of an office that focused on declassifying historical files.
[01:29.000 --> 01:36.000]  The Historical Collections Division will close its doors as the CIA attempts to meet federal budget cuts, also known as the sequester.
[01:36.000 --> 01:41.000]  While the office that handles Freedom of Information Act requests is said to be taking over the declassification work,
[01:41.000 --> 01:44.000]  the chair of the CIA's historic review panel believes, quote,
[01:44.000 --> 01:51.000]  there will be fewer releases and we shouldn't fool ourselves.
[01:51.000 --> 01:55.000]  A new study published in the journal, Social Cognitive and Effective Neuroscience,
[01:55.000 --> 02:02.000]  suggests that the human brain is built to connect with other human beings strong enough that the brain experiences another's pain as if it were its own.
[02:02.000 --> 02:08.000]  Findings suggest that our brains experience empathy in a way that allows us to feel the pain of someone we are emotionally close to.
[02:08.000 --> 02:13.000]  The study also showed no neural activity and no empathy for pain experienced by strangers.
[02:13.000 --> 02:21.000]  Researchers used MRI brain scans and the threat of electric shock to study the neural activity in the regions of the brain responsible for threat response.
[02:21.000 --> 02:25.000]  Support for the Liberty Beach comes from Texans for Accountable Government,
[02:25.000 --> 02:30.000]  celebrating their five-year anniversary party August 31st, 7 p.m. at the Anderson Mill Tavern.
[02:30.000 --> 02:38.000]  Live music from the Jitterbug Vipers, $20 donation to attend. Information at tagtexas.org.
[02:38.000 --> 02:45.000]  On Wednesday, a coalition of more than 150 U.S. farm and food businesses and organizations asked the U.S. Department of Agriculture
[02:45.000 --> 02:49.000]  to strengthen its oversight of field trials of genetically modified crops.
[02:49.000 --> 02:54.000]  The coalition, which includes the Organic Seed Alliance and the Rural Advancement Foundation International,
[02:54.000 --> 03:00.000]  has issued the call in response to unapproved GMO wheat from Monsanto that was discovered growing in the wild this spring.
[03:00.000 --> 03:08.000]  Live music from the Jitterbug Vipers, $20 donation to attend. Information at tagtexas.org.
[03:30.000 --> 03:32.000]  What you gonna do when they come for you?
[03:32.000 --> 03:35.000]  Bad boys, bad boys, what you gonna do?
[03:35.000 --> 03:38.000]  What you gonna do when they come for you?
[03:38.000 --> 03:43.000]  When you were eight and you had bad traits, you'd go to school and learn the golden rule.
[03:43.000 --> 03:46.000]  So why are you acting like a bloody fool?
[03:46.000 --> 03:49.000]  If you get hot then you must get cool.
[03:49.000 --> 03:52.000]  Bad boys, bad boys, what you gonna do?
[03:52.000 --> 03:54.000]  What you gonna do when they come for you?
[03:54.000 --> 03:57.000]  Bad boys, bad boys, what you gonna do?
[03:57.000 --> 04:00.000]  What you gonna do when they come for you?
[04:00.000 --> 04:03.000]  You chuck it on that one, you chuck it on this one.
[04:03.000 --> 04:06.000]  You chuck it on your mother and you chuck it on your father.
[04:06.000 --> 04:08.000]  You chuck it on your brother and you chuck it on your sister.
[04:08.000 --> 04:11.000]  You chuck it on that one and you chuck it on me.
[04:11.000 --> 04:14.000]  Bad boys, bad boys, what you gonna do?
[04:14.000 --> 04:16.000]  What you gonna do when they come for you?
[04:16.000 --> 04:19.000]  Bad boys, bad boys, what you gonna do?
[04:19.000 --> 04:21.000]  What you gonna do when they come for you?
[04:21.000 --> 04:24.000]  Bad boys, bad boys, what you gonna do?
[04:24.000 --> 04:43.600]  Howdy, howdy, this is Randy Kelton here with Joe Esquivel on our Friday night four-hour
[04:43.600 --> 04:46.120]  info marathon.
[04:46.120 --> 04:55.040]  We are going to do a series of shows where the first two hours we will address primarily
[04:55.040 --> 04:59.680]  mortgage and then we'll go to calls on any subject.
[04:59.680 --> 05:07.720]  But Joe has a lot of material that we want to get into archive format so that people
[05:07.720 --> 05:09.960]  can listen to it over and over.
[05:09.960 --> 05:15.680]  He's got a lot of information, it's very complex, and information that a lot of us
[05:15.680 --> 05:18.320]  has never heard before.
[05:18.320 --> 05:22.160]  And I say us to include me in that.
[05:22.160 --> 05:28.320]  So we're going to do probably for the next two or three or four weeks, we'll be doing
[05:28.320 --> 05:35.400]  presentations and they will get progressively more complex and detailed.
[05:35.400 --> 05:41.800]  Tonight, we're going to start by talking about deed of trust, security instrument.
[05:41.800 --> 05:42.800]  Joe?
[05:42.800 --> 05:46.600]  Thanks, Randy, I'd like to welcome everybody.
[05:46.600 --> 05:51.520]  So last week when we left off, we'd started talking about the deed of trust.
[05:51.520 --> 06:00.680]  Now if we're in Florida or if we're in another state that uses a mortgage, it is a similar
[06:00.680 --> 06:04.040]  contract.
[06:04.040 --> 06:20.880]  The contract...
[06:20.880 --> 06:38.860]  Here, I'll show you everything I've got.
[06:38.860 --> 06:40.920]  you
[07:08.860 --> 07:10.920]  you
[07:38.860 --> 07:41.920]  you
[08:08.860 --> 08:10.920]  you
[08:10.920 --> 08:31.920]  if you're if you're in Pennsylvania it will be the prothonotary great name so
[08:40.920 --> 08:55.720]  that brings a question the the holder rule the FTC holder rule 15 USC 633 and six
[08:55.720 --> 09:06.240]  or 433 it essentially says that they had problems with with loan mortgage
[09:06.240 --> 09:13.280]  companies creating loans using predatory lending practices then they would sell
[09:13.280 --> 09:18.240]  the loan to someone else go out of business leaving the consumer with no
[09:18.240 --> 09:26.680]  remedy therefore under the holder rule anyone holding a note that is a result
[09:26.680 --> 09:35.160]  of a consumer transaction is subject to any claims that the consumer would have
[09:35.160 --> 09:43.920]  against the originator so there can be no holder in due course merely a holder
[09:43.920 --> 10:06.360]  there would be a holder in due course if there were to be a sole party
[10:14.920 --> 10:16.960]  you
[10:19.400 --> 10:25.160]  or at least we haven't seen it happen well it's not that it's impossible but
[10:25.160 --> 10:46.760]  then it's not impossible for Superman to fly either no now I've seen it I
[10:55.160 --> 10:57.220]  you
[10:57.220 --> 11:13.260]  you
[11:13.260 --> 11:28.260]  before MERS before MERS
[11:43.260 --> 11:46.300]  you
[12:13.900 --> 12:21.180]  yes and this is something we talk about sometimes that after 2000 these guys got
[12:21.180 --> 12:29.380]  this great idea that you could take a consumer mortgage and convert it into a
[12:29.380 --> 12:35.740]  security and take that consumer mortgage and match it to this these investors
[12:35.740 --> 12:42.100]  that held our retirement funds that they held them for a long time and the
[12:42.100 --> 12:47.180]  mortgage lasted for a long time so it was a perfect fit where it seemed a
[12:47.180 --> 12:53.340]  perfect fit the problem was there were our requirements with a mortgage that
[12:53.340 --> 12:58.500]  don't necessarily exist with other types of securities and these two didn't fit
[12:58.500 --> 13:03.780]  together at all and it caused them all these problems they did all this shucking
[13:03.780 --> 13:07.420]  and jiving to try to find a way to keep this working and now it's coming back to
[13:07.420 --> 13:14.100]  haunt all of us you're right so now we have an instrument we have
[13:14.100 --> 13:40.820]  confidence
[13:44.380 --> 13:50.020]  yeah and keep in mind when you're reading that you're reading this
[13:50.020 --> 13:56.660]  security instrument and when it says together with this security instrument
[13:56.660 --> 14:25.140]  it's in brackets they don't want you to miss that part my daughter when you
[14:25.140 --> 14:31.940]  find your documents at closing were you versed in financial wizardly to know
[14:31.940 --> 14:41.780]  what you were signing I was by statute a unsophisticated borrower and so
[14:41.780 --> 14:59.220]  yes but I acted in good faith but I'm sure they did too in that I only dealt
[14:59.220 --> 15:05.820]  with licensed professionals in whom I had a right to expect good faith and
[15:05.820 --> 15:12.980]  fair dealing there you go now let's take it a step further
[15:35.820 --> 15:38.440]  you
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[22:04.780 --> 22:08.780]  We need to look at the statutory requirements of law
[22:08.780 --> 22:12.780]  So whether we're talking about the data trust
[22:12.780 --> 22:16.780]  If we're talking about the tangible promissory note
[22:16.780 --> 22:20.780]  It's all about acquiring rights
[22:20.780 --> 22:25.780]  The right to receive payment to future economic benefits
[22:25.780 --> 22:29.780]  You need to acquire that right
[22:29.780 --> 22:34.780]  The right to enforce collection of an obligation
[22:34.780 --> 22:37.780]  You need to acquire that right
[22:37.780 --> 22:40.780]  In all of these rights
[22:40.780 --> 22:43.780]  We need to look at Article 3
[22:43.780 --> 22:49.780]  Or your state's equivalent to that same governance
[22:49.780 --> 22:52.780]  Because when we look at Article 3
[22:52.780 --> 22:55.780]  We need to go to 3-2-0-3
[22:55.780 --> 23:00.780]  Because it talks about acquiring rights
[23:00.780 --> 23:04.780]  Now the bank will come forth and they say, I own this
[23:04.780 --> 23:08.780]  We own this
[23:08.780 --> 23:15.780]  If you had a mortgage loan that originated with Countrywide
[23:15.780 --> 23:19.780]  Chances are Bank of America is coming forth and claiming ownership
[23:19.780 --> 23:22.780]  Chances are that
[23:22.780 --> 23:30.780]  Bank of America is being named as plaintiff to the complaint
[23:30.780 --> 23:33.780]  When Bank of America comes forth, Randy
[23:33.780 --> 23:37.780]  They don't come forth just waving one paper
[23:37.780 --> 23:41.780]  They're saying we own it all
[23:41.780 --> 23:43.780]  We have acquired Countrywide
[23:43.780 --> 23:46.780]  We bought all of the assets, Randy
[23:46.780 --> 23:48.780]  What do you say to that?
[23:48.780 --> 23:52.780]  I say I want a securities audit, chain the title
[23:52.780 --> 23:56.780]  And see whose other name shows up that they hadn't mentioned
[23:56.780 --> 23:58.780]  There you go
[23:58.780 --> 24:04.780]  Again, we're talking simple possession pertaining to personal property
[24:04.780 --> 24:08.780]  Because in the case of Bank of America
[24:08.780 --> 24:11.780]  And also in the case of JPMorgan Chase
[24:11.780 --> 24:15.780]  While they claim that their successor and interest
[24:15.780 --> 24:19.780]  To this prior banking institution
[24:19.780 --> 24:25.780]  And they say we've acquired the assets of Countrywide home loans
[24:25.780 --> 24:29.780]  Randy, those assets were personal property, it was not real property
[24:29.780 --> 24:34.780]  Because that intangible payment obligation had been ripped out
[24:34.780 --> 24:39.780]  Of that tangible promissory note
[24:39.780 --> 24:42.780]  That was long gone
[24:42.780 --> 24:49.780]  Years later when Bank of America comes forth as servicer
[24:49.780 --> 24:57.780]  And has this document that they waive and they say that this is the original note
[24:57.780 --> 25:02.780]  That pertains to personal property of Countrywide
[25:02.780 --> 25:08.780]  Because Countrywide had sold that partial interest
[25:08.780 --> 25:11.780]  Countrywide wasn't in the business of selling notes
[25:11.780 --> 25:14.780]  Go back to Kemp versus Countrywide
[25:14.780 --> 25:19.780]  And look at the deposition of Linda Demartini on page 14
[25:19.780 --> 25:25.780]  It is stated Countrywide is in the business of selling beneficial interest
[25:25.780 --> 25:29.780]  Countrywide is not in the business of selling notes
[25:29.780 --> 25:40.780]  So now fast forward to today when Bank of America shows up in court and claims we own this
[25:40.780 --> 25:49.780]  Fine, you own a piece of paper that is personal property that was owned by Countrywide
[25:49.780 --> 25:55.780]  But that same document had its guts ripped out
[25:55.780 --> 26:01.780]  And they sold the guts which contained the personal obligation that promised to pay
[26:01.780 --> 26:06.780]  Years prior to Fannie Mae or Freddie Mac
[26:06.780 --> 26:14.780]  And because that debt is no longer evidenced by the tangible promissory note
[26:14.780 --> 26:17.780]  The value of that security instrument decreases
[26:17.780 --> 26:26.780]  As I understand, Bank of America purchased the assets of Countrywide
[26:26.780 --> 26:27.780]  Correct
[26:27.780 --> 26:32.780]  If Countrywide had sold the beneficial interest from these notes
[26:32.780 --> 26:37.780]  That beneficial interest was not an asset of Countrywide
[26:37.780 --> 26:46.780]  So Bank of America by purchasing the assets of Countrywide did not purchase the entire document
[26:46.780 --> 26:49.780]  Or the entire mortgage
[26:49.780 --> 26:51.780]  Or the entire instrument
[26:51.780 --> 26:59.780]  They purchased millions and millions of pieces of paper
[26:59.780 --> 27:01.780]  Personal property
[27:01.780 --> 27:07.780]  So Bank of America is coming forth with simple possession of personal property
[27:07.780 --> 27:12.780]  And not legal possession with legal rights
[27:12.780 --> 27:18.780]  Because if one were to acquire a strip shopping mall
[27:18.780 --> 27:24.780]  And one were to have ten leases for tenants
[27:24.780 --> 27:26.780]  And you're in a bind
[27:26.780 --> 27:33.780]  It is legally feasible to sell the income stream from those leases, Randy
[27:33.780 --> 27:37.780]  Now you still own the brick and mortar building
[27:37.780 --> 27:41.780]  But now you've freed up
[27:41.780 --> 27:47.780]  That intangible payment obligation that would have been coming to you, you've sold it
[27:47.780 --> 27:51.780]  For years that's always been around, it used to be called factoring
[27:51.780 --> 27:52.780]  Yes
[27:52.780 --> 27:55.780]  And it's done day in and day out
[27:55.780 --> 27:59.780]  You know I used to run a business and sometimes I'd get behind
[27:59.780 --> 28:03.780]  I've got all this billing out but I can't get it collected
[28:03.780 --> 28:09.780]  So I go to the bank and they front me money based on what's coming in
[28:09.780 --> 28:11.780]  They factor my billing
[28:11.780 --> 28:13.780]  So I sell them my billing
[28:13.780 --> 28:19.780]  So this is not something new or unique or even unusual
[28:19.780 --> 28:20.780]  Correct
[28:20.780 --> 28:30.780]  So the question would become, Randy, what did they purchase?
[28:30.780 --> 28:36.780]  They purchased an unsecured obligation
[28:36.780 --> 28:41.780]  It's like if you were to go out and purchase credit card debt
[28:41.780 --> 28:44.780]  Or purchase student loans
[28:44.780 --> 28:47.780]  You're talking unsecured obligations
[28:47.780 --> 28:52.780]  Yes there's obligations, yes there are promises to pay
[28:52.780 --> 28:56.780]  What backs them?
[28:56.780 --> 29:02.780]  There has to be a security instrument and in this case
[29:02.780 --> 29:13.780]  We have a security instrument that authorizes the sale of this note with stipulations
[29:13.780 --> 29:22.780]  So when their things are included, all other things are excluded
[29:22.780 --> 29:28.780]  So under the note, the only way they can negotiate a portion of the note
[29:28.780 --> 29:33.780]  Is in accordance with Covenant 20
[29:33.780 --> 29:40.780]  And the way I read it, you know I as a consumer didn't want to have this problem
[29:40.780 --> 29:45.780]  With the bifurcated note
[29:45.780 --> 29:48.780]  So I put this covenant in there to prevent it
[29:48.780 --> 29:51.780]  And we'll talk about that more when we come back on the other side
[29:51.780 --> 29:55.780]  This is Randy Kelton, Debra Stevens, Joe Esquivel, Little Law Radio
[29:55.780 --> 29:59.780]  We'll be right back on the other side
[29:59.780 --> 30:06.780]  A Dutch scientist has a recipe for saving our planet and feeding the world
[30:06.780 --> 30:09.780]  And it's not just pie in the sky, though you might wish it was
[30:09.780 --> 30:14.780]  I'm Catherine Albrecht and I'll be back with this creepy crawly food plan in just a moment
[30:14.780 --> 30:16.780]  Privacy is under attack
[30:16.780 --> 30:19.780]  When you give up data about yourself, you'll never get it back again
[30:19.780 --> 30:24.780]  And once your privacy is gone, you'll find your freedoms will start to vanish too
[30:24.780 --> 30:29.780]  So protect your rights, say no to surveillance and keep your information to yourself
[30:29.780 --> 30:32.780]  Privacy, it's worth hanging on to
[30:32.780 --> 30:35.780]  This public service announcement is brought to you by Startpage.com
[30:35.780 --> 30:39.780]  The private search engine alternative to Google, Yahoo and Bing
[30:39.780 --> 30:42.780]  Start over with Startpage
[30:42.780 --> 30:47.780]  What has six legs, two antennas and a proboscis?
[30:47.780 --> 30:49.780]  Arnold van Huys's dinner
[30:49.780 --> 30:52.780]  The Dutch scientist eats an insect and worm based diet
[30:52.780 --> 30:54.780]  And he thinks you should too
[30:54.780 --> 30:57.780]  He makes the case that bugs and worms multiply quickly
[30:57.780 --> 31:00.780]  They're cheap and they're a great source of lean protein
[31:00.780 --> 31:02.780]  Plus they don't cause the pollution that cattle do
[31:02.780 --> 31:05.780]  While eating insects and worms might be logical
[31:05.780 --> 31:09.780]  Van Huys knows he has to overcome some pretty serious barriers to the idea
[31:09.780 --> 31:12.780]  After all, we're used to squashing bugs, not eating them
[31:12.780 --> 31:15.780]  So he's working with gourmet chefs to create bugalicious dishes
[31:15.780 --> 31:20.780]  Like deep fried crickets, mealworm pie and chocolate pralines with buffalo worms
[31:20.780 --> 31:23.780]  Dessert anyone? I think I'll pass
[31:23.780 --> 31:24.780]  I'm Dr. Catherine Albrecht
[31:24.780 --> 31:29.780]  More news and information at CatherineAlbrecht.com
[31:29.780 --> 31:35.780]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11
[31:35.780 --> 31:37.780]  The government says that fire brought it down
[31:37.780 --> 31:42.780]  However, 1,500 architects and engineers have concluded it was a controlled demolition
[31:42.780 --> 31:45.780]  Over 6,000 of my fellow service members have given their lives
[31:45.780 --> 31:47.780]  But thousands of my fellow force responders are dying
[31:47.780 --> 31:49.780]  I'm not a conspiracy theorist
[31:49.780 --> 31:50.780]  I'm a structural engineer
[31:50.780 --> 31:51.780]  I'm a New York City correction officer
[31:51.780 --> 31:52.780]  I'm an Air Force pilot
[31:52.780 --> 31:54.780]  I'm a father who lost his son
[31:54.780 --> 31:56.780]  We're Americans and we deserve the truth
[31:56.780 --> 31:59.780]  Go to RememberBuilding7.org today
[31:59.780 --> 32:03.780]  You feel tired when talking about important topics like money and politics?
[32:03.780 --> 32:04.780]  Sorry!
[32:04.780 --> 32:07.780]  Are you confused by words like the Constitution or the Federal Reserve?
[32:07.780 --> 32:08.780]  What?
[32:08.780 --> 32:12.780]  If so, you may be diagnosed with the deadliest disease known today, stupidity
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[33:02.780 --> 33:09.780]  You're listening to the Logos Radio Network at logosradionetwork.com
[33:09.780 --> 33:24.780]  Yeah, I got a warrant, and I'm going to solve them, to help government prosecute them
[33:24.780 --> 33:46.780]  Okay, we are back, Randy Kelton and Debra Stevens here with Joe Esquivel, our new Friday co-host
[33:46.780 --> 33:51.780]  And where were we? I was having too much fun on the break
[33:51.780 --> 33:55.780]  You guys missed the breaks
[33:55.780 --> 33:59.780]  All right, so we're talking about the Deed of Trust
[33:59.780 --> 34:05.780]  And we're talking about what the bank's intent was
[34:05.780 --> 34:13.780]  All right, their intent was that they intended to sell a partial interest
[34:13.780 --> 34:18.780]  What they were doing was creating fraud in the factum
[34:18.780 --> 34:23.780]  Okay, so now you are a party to these documents
[34:23.780 --> 34:30.780]  And you being unschooled, all right, made you a victim
[34:30.780 --> 34:40.780]  Now, if you can show fraud in the factum, many times states, all right, will void the instrument under straight law
[34:40.780 --> 34:51.780]  And it is a real defense, even if there were to be a holder in due course, but we know when the instrument, the entire instrument being the tangible promissory note
[34:51.780 --> 35:02.780]  The Deed of Trust if you're in the state of Texas, and the general intangible or the intangible obligation from the payment stream
[35:02.780 --> 35:15.780]  If they were split up, then there is no one party coming forth with a single action. You have many different parties, each claiming an interest
[35:15.780 --> 35:19.780]  Right, and this document is not hard to understand
[35:19.780 --> 35:33.780]  It says that this entity loaned me this money and I agree to pay this entity. It doesn't say I agree to pay somebody
[35:33.780 --> 35:38.780]  It says this entity right here is the one I agree to pay
[35:38.780 --> 35:47.780]  And I will grant them a claim against my property and a confessed judgment if you're in a non-judicial state
[35:47.780 --> 36:00.780]  But I grant these privileges with stipulations. Breach one of those stipulations, you have no standing to enforce the privilege
[36:00.780 --> 36:08.780]  Okay, then I've got a question, Randy. Who went into default, presumed default first then?
[36:08.780 --> 36:13.780]  The first one that breached a covenant of the contract
[36:13.780 --> 36:15.780]  I don't know, who would that be?
[36:15.780 --> 36:24.780]  I would think it would be the guy who came to the table and gave you voluntary proactive disclosure of certain facts
[36:24.780 --> 36:29.780]  But failed to give you full disclosure of all facts
[36:29.780 --> 36:33.780]  Under Covenant 14, he's required to give you full notice
[36:33.780 --> 36:44.780]  And under the law of contracts, if an individual gives you any notice
[36:44.780 --> 36:46.780]  He's required to give you full notice
[36:46.780 --> 36:49.780]  If I got a fruit stand and you come and ask me how much peach is
[36:49.780 --> 36:54.780]  And I tell you and you pay me for it and go away and you bite into that peach and it's rotten
[36:54.780 --> 37:02.780]  Life is tough, but if I tell you the peaches are real good
[37:02.780 --> 37:07.780]  If I, I couldn't hear that, if I tell you these peaches are real good
[37:07.780 --> 37:15.780]  Then you bite into peach and there's something wrong with it, I have given you partial disclosure
[37:15.780 --> 37:20.780]  I am now required to give you full disclosure
[37:20.780 --> 37:28.780]  If I tell you that this property is really nice property, I got to tell you everything about it
[37:28.780 --> 37:34.780]  If I tell you one thing about this note, I got to tell you everything about the note
[37:34.780 --> 37:41.780]  You told me the note or a partial interest of the note may be sold together with the security instrument
[37:41.780 --> 37:51.780]  And yet at the same time, we know that the security instrument can only follow a properly secured note
[37:51.780 --> 37:56.780]  But you can't hold me responsible for that because I didn't write that document
[37:56.780 --> 38:06.780]  Delinda wrote the document and they presented it to me with this little footer on it that says this is a uniform instrument
[38:06.780 --> 38:15.780]  So since you're a licensed professional, I had reason to, reasonable expectation, good faith and fair dealing
[38:15.780 --> 38:22.780]  And being a unsophisticated consumer, how was I supposed to understand that complex language?
[38:22.780 --> 38:33.780]  Oh, I've got a question. Why is it that every time we have a dispute with the bank, it pertains to the documents that they've created?
[38:33.780 --> 38:44.780]  Now, I have never heard anybody dispute the grant deed or the warranty deed, which is in the homeowner's name
[38:44.780 --> 38:55.780]  The sole person on that deed, they're only disputing this deed or trust that they've created
[38:55.780 --> 39:02.780]  So when we look at the documents, we need to take a notice of the documents
[39:02.780 --> 39:13.780]  Are we looking at the or is the bank looking at, Randy, that tangible promissory note or are they looking at the E note?
[39:13.780 --> 39:28.780]  Are they looking at the tangible security instrument or are they looking at an E mortgage security instrument, an electronic mortgage instrument?
[39:28.780 --> 39:37.780]  If they have followed the, if this note happens to be backed by Jenny May, then we, and they have followed the rules
[39:37.780 --> 39:41.780]  They cannot be looking at the original because they don't have it
[39:41.780 --> 39:50.780]  The service of the document custodian has it, he's required to have it, he's required to maintain it until termination of the note
[39:50.780 --> 39:52.780]  So the bank can't have it
[39:52.780 --> 40:12.780]  Now, wait a minute, when I get these assignments, it says for $10 and value and consideration, MERS transfers all beneficial interest in the deed of trust together with the note
[40:12.780 --> 40:23.780]  I would certainly want to see the endorsement on the note that coincides with this transaction
[40:23.780 --> 40:34.780]  And I would want to be sure that the beneficial interest hasn't been transferred to somebody else at the same time or at any time
[40:34.780 --> 40:46.780]  So that they're transferring a note and a deed of trust that you got some guy here that I've promised that I would pay, but he sold that right to be paid
[40:46.780 --> 40:50.780]  So what if the guy don't pay?
[40:50.780 --> 41:00.780]  The guy that I have promised to indemnify with this deed of trust, don't hurt him, he sold that right
[41:00.780 --> 41:07.780]  The guy he sold it to, I didn't promise to indemnify that guy, so that guy can't come back to me and complain
[41:07.780 --> 41:10.780]  So who has been damaged?
[41:10.780 --> 41:24.780]  I've been damaged because they breached the contract in not transferring the note, deed of trust, and beneficial interest all at the same time in the same party
[41:24.780 --> 41:38.780]  So then if an interest of my mortgage loan was sold to Fannie Mae, but Fannie Mae is not listed into public record as beneficiary
[41:38.780 --> 41:52.780]  And Fannie Mae is not listed on the payee line for that tangible promissory note, then I guess Fannie Mae has not been damaged
[41:52.780 --> 41:55.780]  I don't see Fannie Mae listed as beneficiary
[41:55.780 --> 42:09.780]  Right, even if Fannie Mae has been damaged, hasn't been damaged in a way that they would have a claim against me, I didn't agree to pay Fannie Mae a dime
[42:09.780 --> 42:12.780]  I didn't agree to indemnify Fannie Mae
[42:12.780 --> 42:21.780]  Okay, so who created that intentional payment obligation that was sold to Fannie Mae?
[42:21.780 --> 42:23.780]  Good question, I didn't
[42:23.780 --> 42:26.780]  How about the account debtor?
[42:26.780 --> 42:38.780]  The account debtor is the one who creates that intangible payment obligation, who resells it
[42:38.780 --> 42:44.780]  That is the party that are responsible for that obligation
[42:44.780 --> 42:50.780]  Now, they try to go back to the homeowner, but they cannot
[42:50.780 --> 42:56.780]  The homeowner has nothing to do with Fannie Mae
[42:56.780 --> 43:01.780]  And as such, Fannie Mae has nothing to do with the homeowner
[43:01.780 --> 43:10.780]  But when they go to these trustee sales, what I've seen is that Fannie Mae makes what's called credit bids
[43:10.780 --> 43:19.780]  Now to my understanding, under state law, only a beneficiary, Randy, can make a credit bid
[43:19.780 --> 43:25.780]  Now, I didn't see Fannie Mae named into public record
[43:25.780 --> 43:35.780]  So with Fannie Mae not being named into public record as beneficiary, I don't think they qualify as a proper beneficiary
[43:35.780 --> 43:42.780]  Yes, I just sat in a seminar with Joe today, and when he got to that part, he really, really got my attention
[43:42.780 --> 43:47.780]  And when we come back on the other side, I definitely want to go into this a little more deeply
[43:47.780 --> 43:52.780]  Because this gives us a way to really get a good shot at the bad guys
[43:52.780 --> 44:00.780]  This is Randy Kelton, Joe Esquivel, Deborah Stevens, Rule of Law Radio, we'll be right back
[44:00.780 --> 44:04.780]  Mr. President, members of Congress
[44:04.780 --> 44:08.780]  You've been making a lot of noise about taking our guns away
[44:08.780 --> 44:10.780]  But you might want to review history
[44:10.780 --> 44:14.780]  1835, Gonzales, Texas Territory
[44:14.780 --> 44:19.780]  The authorities wanted to confiscate the big gun that protected that colony
[44:19.780 --> 44:21.780]  You know what the people said?
[44:21.780 --> 44:23.780]  Come and take it
[44:23.780 --> 44:28.780]  Because they were willing to fight for their freedom and their guns
[44:28.780 --> 44:54.780]  So are we
[44:54.780 --> 44:56.780]  One shot at a time
[44:56.780 --> 45:00.780]  Just like Gonzales, we're keeping our guns
[45:00.780 --> 45:03.780]  Are you the plaintiff or defendant in a lawsuit?
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[45:42.780 --> 45:49.780]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases,
[45:49.780 --> 45:52.780]  pro se tactics, and much more
[45:52.780 --> 45:56.780]  Please visit ruleoflawradio.com and click on the banner
[45:56.780 --> 46:23.780]  and call toll-free, 866-LAW-EZ
[46:23.780 --> 46:29.780]  Always, I must be careful what I'm wishing for
[46:29.780 --> 46:34.780]  When I'm hungry, I like to know just what I'm fishing for
[46:34.780 --> 46:40.780]  I ain't asking for much, I ain't trying to be no glutton
[46:40.780 --> 46:46.780]  I'm just here making my living pushing buttons
[46:46.780 --> 46:52.780]  I give my message out to anyone in shoutin' distance
[46:52.780 --> 46:57.780]  Both for bravery and against slavery, showing resistance
[46:57.780 --> 47:02.780]  First I'm crawling, then I'm walking, then I start struttin'
[47:02.780 --> 47:07.780]  I'm just so glad to make my living pushing buttons
[47:07.780 --> 47:10.780]  Oh, oh, oh, oh, oh
[47:10.780 --> 47:12.780]  Oh, oh, oh, oh, oh
[47:12.780 --> 47:14.780]  Oh, oh, oh, oh, oh
[47:14.780 --> 47:16.780]  Oh, oh, oh, oh, oh
[47:16.780 --> 47:18.780]  Oh, oh, oh, oh, oh
[47:18.780 --> 47:20.780]  Oh, oh, oh, oh, oh
[47:20.780 --> 47:22.780]  We sat down to play Monopoly
[47:22.780 --> 47:25.780]  We all wanted to win the game
[47:25.780 --> 47:28.780]  We gave some guy this money supply
[47:28.780 --> 47:31.780]  Must have not been thinking this brain
[47:31.780 --> 47:34.780]  After some time, the worth of my dime
[47:34.780 --> 47:37.780]  He's down to damned or nuts that I might have been too known
[47:37.780 --> 47:42.780]  Right, still, I make my living pushing buttons
[47:42.780 --> 47:44.780]  Yeah
[47:44.780 --> 47:46.780]  Oh, oh, oh, oh, oh
[47:46.780 --> 47:48.780]  Oh, oh, oh, oh, oh
[47:48.780 --> 47:50.780]  Oh, oh, oh, oh, oh
[47:50.780 --> 47:52.780]  Oh, oh, oh, oh, oh
[47:52.780 --> 47:54.780]  Oh, oh, oh, oh, oh
[47:54.780 --> 47:56.780]  There's a man over there with ammunition
[47:56.780 --> 47:59.780]  Looking for a brand new chance
[47:59.780 --> 48:02.780]  To profit from my fear
[48:02.780 --> 48:05.780]  We're gonna show him a brand new dance
[48:05.780 --> 48:08.780]  267 stories
[48:08.780 --> 48:11.780]  They blew up into almost nothing
[48:11.780 --> 48:13.780]  I'm in pain in the rain
[48:13.780 --> 48:16.780]  It makes me make my living pushing buttons
[48:16.780 --> 48:19.780]  Yeah
[48:19.780 --> 48:21.780]  I'm pushing so good
[48:21.780 --> 48:27.780]  Okay, we're back. Randy Kelton, Deborah Stevens, Joe Esquivel, and Rule of Law Radio.
[48:27.780 --> 48:31.780]  We're gonna bring in James in Texas.
[48:31.780 --> 48:35.780]  In Texas is Joe's mentor,
[48:35.780 --> 48:40.780]  and he wanted to address with us this issue of fraud in the factum.
[48:40.780 --> 48:42.780]  Hello, James.
[48:42.780 --> 48:44.780]  Good evening, Randy.
[48:44.780 --> 48:47.780]  Good evening.
[48:47.780 --> 48:49.780]  Go for it.
[48:49.780 --> 48:55.780]  I've been listening for a little while, and when you're looking, Joe is correct, it's fraud in the factum,
[48:55.780 --> 49:00.780]  but when you're looking at the deed of trust, you're looking at culpability.
[49:00.780 --> 49:03.780]  Yes, they did it with intent.
[49:03.780 --> 49:06.780]  They're the sophisticated lenders.
[49:06.780 --> 49:11.780]  They created it, but before we get to that, let me drop back to Carlos last week.
[49:11.780 --> 49:15.780]  He asked an interesting question.
[49:15.780 --> 49:18.780]  Post foreclosure, does anybody have a right?
[49:18.780 --> 49:24.780]  It all depends on whether the suit was under general jurisdiction
[49:24.780 --> 49:27.780]  or was it under limited subject matter jurisdiction.
[49:27.780 --> 49:31.780]  They have different statutes of limitations.
[49:31.780 --> 49:36.780]  It may apply to general jurisdiction, but limited jurisdiction.
[49:36.780 --> 49:42.780]  That goes to the rule of law, and if the court, and if you object it under limited,
[49:42.780 --> 49:47.780]  and I'll let Randy comment on that, because that's probably more of his area,
[49:47.780 --> 49:50.780]  but back to the fraud in the factum.
[49:50.780 --> 49:59.780]  Years ago, it was not uncommon for the note to be negotiated,
[49:59.780 --> 50:06.780]  the mortgage is assigned a record, and you would negotiate the instruments
[50:06.780 --> 50:13.780]  to an account debtor at that point, which today would be the bank, the trustee or whatever,
[50:13.780 --> 50:18.780]  and there would be a chain of endorsements in the record to show that,
[50:18.780 --> 50:24.780]  and I have no issues with securitization if it's done legally,
[50:24.780 --> 50:29.780]  but what they do today is they securitize the intangible string
[50:29.780 --> 50:32.780]  and try to negotiate the note, and they can't do it that way.
[50:32.780 --> 50:36.780]  They need it to negotiate the note, then securitize it,
[50:36.780 --> 50:39.780]  but Wall Street wanted their money so fast,
[50:39.780 --> 50:44.780]  that wasn't feasible because public records slowed them down.
[50:44.780 --> 50:50.780]  Well, I've been doing a lot of research not just directly on the mortgage issue,
[50:50.780 --> 50:55.780]  but on the finance issue more generally,
[50:55.780 --> 51:01.780]  and it appears to me as though all of this securitization issue
[51:01.780 --> 51:08.780]  was consciously structured to have the effect that it had,
[51:08.780 --> 51:14.780]  and that those behind the banks engineered this process
[51:14.780 --> 51:18.780]  so they could swallow the equity of this country.
[51:18.780 --> 51:20.780]  None of this was a mistake.
[51:20.780 --> 51:26.780]  They did all of this on purpose so that they could create these instruments
[51:26.780 --> 51:32.780]  and operate them in a way to force people into foreclosure and swallow their equity.
[51:32.780 --> 51:39.780]  So fraud in the factum goes to more than just what was told at closing
[51:39.780 --> 51:43.780]  or what actually directly involved this note.
[51:43.780 --> 51:50.780]  There was an underlying plan to set the lender up from the beginning.
[51:50.780 --> 51:53.780]  At least it's a lot more complex than that,
[51:53.780 --> 52:00.780]  but I'm afraid that we have more of that kind of thing coming real soon.
[52:00.780 --> 52:08.780]  The question is why you have to look at the global economic and financial picture.
[52:08.780 --> 52:10.780]  Look back through history.
[52:10.780 --> 52:14.780]  As long as financial records have been kept,
[52:14.780 --> 52:21.780]  approximately every 50 years there is a financial crisis worldwide
[52:21.780 --> 52:29.780]  where the debt holders swallow the equity of everyone.
[52:29.780 --> 52:34.780]  Then the economy stabilizes, and those guys come back
[52:34.780 --> 52:37.780]  and sell that property back to the individuals,
[52:37.780 --> 52:43.780]  and they set the next generation struggling through their lifetime to build some equity.
[52:43.780 --> 52:46.780]  And at the end of their life cycle, they crash it again.
[52:46.780 --> 52:52.780]  This has gone on for the last 700 years that we know of.
[52:52.780 --> 52:53.780]  Same pattern.
[52:53.780 --> 52:54.780]  They're doing it again now.
[52:54.780 --> 52:58.780]  Same people are doing it again.
[52:58.780 --> 53:02.780]  Yeah, but it's more than that today.
[53:02.780 --> 53:09.780]  Go back and look at some of the laws to the global domestic product value,
[53:09.780 --> 53:11.780]  U.S. domestic product value,
[53:11.780 --> 53:15.780]  and you have to ask why they are doing what they're doing today.
[53:15.780 --> 53:18.780]  And there's another underlying issue.
[53:18.780 --> 53:22.780]  If you look at the law of the United States,
[53:22.780 --> 53:27.780]  only the United States government has the right to create money from thin air,
[53:27.780 --> 53:33.780]  and that's based on the blood, sweat, and tears of every citizen of America.
[53:33.780 --> 53:38.780]  Now, that only has a certain amount of tangible value.
[53:38.780 --> 53:44.780]  Now you go into this intangible arena where they credit default swap,
[53:44.780 --> 53:49.780]  they leverage hedge, their insurance bets on this, and that one is edged,
[53:49.780 --> 53:51.780]  and this one is edged.
[53:51.780 --> 53:55.780]  All of a sudden you've got $250 trillion in the secondary market,
[53:55.780 --> 54:00.780]  and there's not enough money in the tangible market to cover that.
[54:00.780 --> 54:05.780]  So as if the banks want to get away from tangible value
[54:05.780 --> 54:11.780]  so that they get everything into electronic form and intangible value,
[54:11.780 --> 54:15.780]  so they take away all the rights of all the governments on the planet,
[54:15.780 --> 54:17.780]  and the bankers get there?
[54:17.780 --> 54:19.780]  No, it ain't going to happen.
[54:19.780 --> 54:21.780]  It's going to crash again.
[54:21.780 --> 54:24.780]  They're going to crash it on purpose, but this is kind of off-topic.
[54:24.780 --> 54:33.780]  We're trying to get a good treatment of the mortgage and the deed of trust
[54:33.780 --> 54:35.780]  and how all of this fits together.
[54:35.780 --> 54:37.780]  We're trying to go through all the basics,
[54:37.780 --> 54:40.780]  and we're trying not to go to more sophisticated topics at the moment.
[54:40.780 --> 54:44.780]  We want to get two or three archives down,
[54:44.780 --> 54:48.780]  and then we'll come back and go into more detail.
[54:48.780 --> 54:52.780]  So let's talk about the beneficiary.
[54:52.780 --> 54:59.780]  Let's talk about the party that's named into record as being the beneficiary
[54:59.780 --> 55:09.780]  because at the moment, many times there is a party named into record.
[55:09.780 --> 55:16.780]  However, that party, Randy, does not match the name that is on the payee line
[55:16.780 --> 55:19.780]  of that tangible promissory note,
[55:19.780 --> 55:24.780]  and that name does not match the party with the sole interest
[55:24.780 --> 55:29.780]  of that intangible payment obligation.
[55:29.780 --> 55:35.780]  So now we have three different parties claiming three separate parts
[55:35.780 --> 55:39.780]  of the entire instrument.
[55:39.780 --> 55:41.780]  So there is no holder in due course.
[55:41.780 --> 55:48.780]  There is no sole party with a sole claim to the tangible promissory note.
[55:48.780 --> 55:54.780]  Named into public record as beneficiary or mortgagee,
[55:54.780 --> 56:00.780]  and sole party with the sole claim of the intangible payment obligation.
[56:00.780 --> 56:06.780]  And yet the homeowner has led down this road time in and time out,
[56:06.780 --> 56:11.780]  and he does not know who the proper party is to come forth with the action.
[56:11.780 --> 56:21.780]  Yes, and we have good thousand years of contract law from the maritime to the UCC
[56:21.780 --> 56:28.780]  that has structured out how to do contracts very efficiently and effectively,
[56:28.780 --> 56:32.780]  and this procedure breaches that.
[56:32.780 --> 56:39.780]  But I never hear anyone at those trustee sales on the courtroom steps
[56:39.780 --> 56:43.780]  when Fannie Mae is allowed to give a credit bid.
[56:43.780 --> 56:46.780]  I never hear anybody else stop.
[56:46.780 --> 56:52.780]  I never have heard anyone dispute.
[56:52.780 --> 57:00.780]  If there's a property that puts a credit bid in, say for $250,000,
[57:00.780 --> 57:07.780]  and you know according to market value research that property is only worth $110,000,
[57:07.780 --> 57:15.780]  it would be totally ridiculous for someone to make a bid on that property.
[57:15.780 --> 57:21.780]  And yet at the end of the day when the trustee of the sale says,
[57:21.780 --> 57:24.780]  Fannie Mae had purchased that through a credit bid.
[57:24.780 --> 57:25.780]  They're now the owner.
[57:25.780 --> 57:27.780]  They've purchased the property.
[57:27.780 --> 57:28.780]  They didn't come forth.
[57:28.780 --> 57:32.780]  They didn't have a $10,000 cash bond.
[57:32.780 --> 57:40.780]  They didn't have certified funds that were available to be applied to that property,
[57:40.780 --> 57:52.780]  and yet state law requires that only a properly named beneficiary has the right to put forth a credit bid.
[57:52.780 --> 58:01.780]  Okay, that brings a serious question that I would like to bring up when we come back on the other side.
[58:01.780 --> 58:10.780]  Why would someone claiming to hold a credit bid put in a bid higher than the value of the property,
[58:10.780 --> 58:17.780]  which seemed they were going out of their way to make sure that nobody else purchased that property?
[58:17.780 --> 58:20.780]  Why would they do a thing like that?
[58:20.780 --> 58:25.780]  And I think I have a real good idea, and we'll talk about that when we come back on the other side.
[58:25.780 --> 58:34.780]  This is Randy Kelton, Deborah Stevens, Rule of Law Radio, here with our new special co-host Joe Esquivel,
[58:34.780 --> 58:40.780]  who very regularly gives me a headache by talking about stuff that I can't keep up with.
[58:40.780 --> 58:44.780]  And we will come back to this when we come back on the other side.
[58:44.780 --> 58:47.780]  We're going to do one more hour, then we're going to go to the phones.
[58:47.780 --> 58:49.780]  We'll be right back.
[58:49.780 --> 58:53.780]  Would you like to make more definite progress in your walk with God?
[58:53.780 --> 59:00.780]  Bibles for America is offering a free study Bible and a set of free Christian books that can really help.
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[59:10.780 --> 59:12.780]  and to know the meaning of life.
[59:12.780 --> 59:17.780]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:17.780 --> 59:23.780]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation,
[59:23.780 --> 59:27.780]  growing in Christ, and how to build up the Church.
[59:27.780 --> 59:33.780]  To order your free New Testament Recovery Version and Basic Elements of the Christian Life,
[59:33.780 --> 59:39.780]  call Bibles for America toll-free at 888-551-0102.
[59:39.780 --> 59:44.780]  That's 888-551-0102.
[59:44.780 --> 59:49.780]  Or visit us online at bfa.org.
[59:49.780 --> 59:59.780]  Live, free speech radio, logosradionetwork.com.
[59:59.780 --> 01:00:14.780]  You're listening to the Liberty Beat, your daily source for Liberty news and activist updates, online at ulibertybeats.com.
[01:00:14.780 --> 01:00:19.780]  John Bush here with your Liberty Beat for Friday, August 23, 2013.
[01:00:19.780 --> 01:00:27.780]  Gold open today at $1,373, silver at $23.10, and bitcoin is trading at $108.
[01:00:27.780 --> 01:00:30.780]  Support for the Liberty Movement comes from Central Texas Gunworks,
[01:00:30.780 --> 01:00:37.780]  the adult force of self-defense training and firing sales, online at centraltexasgunworks.com.
[01:00:37.780 --> 01:00:41.780]  And from Carmacazi Productions, the production house bringing you Sovereign Living the show,
[01:00:41.780 --> 01:00:48.780]  specializing in high-quality audio recording and video production for the Liberty Movement, online at carmacazi.tv.
[01:00:48.780 --> 01:00:50.780]  And now the news.
[01:00:50.780 --> 01:00:58.780]  On Thursday, the New York City Council voted for a set of bills that would create an external watchdog organization for the New York Police Department.
[01:00:58.780 --> 01:01:02.780]  The organization would assist people in filing claims against the NYPD.
[01:01:02.780 --> 01:01:07.780]  Mayor Michael Bloomberg was a harsh critic and vetoed the measure, calling it unnecessary.
[01:01:07.780 --> 01:01:12.780]  Supporters of the measure believe the legislation is a vital check on the police department,
[01:01:12.780 --> 01:01:21.780]  especially after criticism of the NYPD's stop-and-frisk policy, which was recently struck down by a federal judge.
[01:01:21.780 --> 01:01:28.780]  Budget cuts have hit the Central Intelligence Agency, leading to the closing of an office that focused on declassifying historical files.
[01:01:28.780 --> 01:01:35.780]  The Historical Collections Division will close its doors as the CIA attempts to meet federal budget cuts, also known as the sequester.
[01:01:35.780 --> 01:01:40.780]  While the office that handles Freedom of Information Act requests is said to be taking over the declassification work,
[01:01:40.780 --> 01:01:43.780]  the chair of the CIA's historic review panel believes, quote,
[01:01:43.780 --> 01:01:50.780]  there will be fewer releases and we shouldn't fool ourselves.
[01:01:50.780 --> 01:01:57.780]  A new study published in the journal Social Cognitive and Effective Neuroscience suggests that the human brain is built to connect with other human beings
[01:01:57.780 --> 01:02:01.780]  strong enough that the brain experiences another's pain as if it were its own.
[01:02:01.780 --> 01:02:07.780]  Findings suggest that our brains experience empathy in a way that allows us to feel the pain of someone we are emotionally close to.
[01:02:07.780 --> 01:02:12.780]  The study also showed no neural activity and no empathy for pain experienced by strangers.
[01:02:12.780 --> 01:02:20.780]  Researchers used MRI brain scans and the threat of electric shock to study the neural activity in the regions of the brain responsible for threat response.
[01:02:20.780 --> 01:02:24.780]  Support for the Liberty Bee comes from Texans for Accountable Government,
[01:02:24.780 --> 01:02:29.780]  celebrating their five-year anniversary party August 31st, 7 p.m. at the Anderson Mill Tavern.
[01:02:29.780 --> 01:02:37.780]  Live music from the Jitterbug Vipers. $20 donation to attend. Information at tagtexas.org.
[01:02:37.780 --> 01:02:42.780]  On Wednesday, a coalition of more than 150 U.S. farm and food businesses and organizations
[01:02:42.780 --> 01:02:48.780]  asked the U.S. Department of Agriculture to strengthen its oversight of field trials of genetically modified crops.
[01:02:48.780 --> 01:02:53.780]  The coalition, which includes the Organic Seed Alliance and the Rural Advancement Foundation International,
[01:02:53.780 --> 01:02:59.780]  has issued the call in response to unapproved GMO wheat from Monsanto that was discovered growing in the wild this spring.
[01:02:59.780 --> 01:03:27.780]  It's all according to the will of the Almighty. I read his book and he says he cares not for the unsightly. These warmongers come by that term rightly.
[01:03:27.780 --> 01:03:34.780]  I won't pay for the war with my body. Ain't gonna pay for the car with my money.
[01:03:34.780 --> 01:03:41.780]  I won't pay for the fun with my body. All their plans wicked and their logic shoddy.
[01:03:41.780 --> 01:03:47.780]  Okay, we are back. Randy Kelton and Deborah Stevens here with Joe Esquivel.
[01:03:47.780 --> 01:04:03.780]  And we were talking about why would a lender who's trying to collect a mortgage and the borrower stops paying on the mortgage
[01:04:03.780 --> 01:04:20.780]  and he goes to a sale to recover his investment by liquidating the collateral, make absolutely certain that nobody buys that property.
[01:04:20.780 --> 01:04:27.780]  Why would they be willing to pay more money than the property is worth to make sure they keep it?
[01:04:27.780 --> 01:04:41.780]  My question also would be what happens when Fannie Mae is retitled the property from the trustee?
[01:04:41.780 --> 01:04:48.780]  And let's take it further. We have issues of title.
[01:04:48.780 --> 01:04:58.780]  Now this property, Randy, has to go back on the market and these issues of title are still clouded.
[01:04:58.780 --> 01:05:08.780]  They're going to have a hellacious time giving proper title to the next seller.
[01:05:08.780 --> 01:05:13.780]  How are they going to make right with the investors?
[01:05:13.780 --> 01:05:22.780]  This is what we don't hear. We don't hear how much Fannie Mae wrote off.
[01:05:22.780 --> 01:05:31.780]  How much loss did Fannie Mae claim? How much loss did Fannie Mae push to the investors to lose?
[01:05:31.780 --> 01:05:42.780]  Because the whole point, I believe about a month ago when I heard Fannie Mae's profit, it was like $17 billion.
[01:05:42.780 --> 01:05:50.780]  It was a ridiculous amount of money. And yet Fannie Mae says we can't do loan modifications.
[01:05:50.780 --> 01:05:56.780]  We can't do principal reduction. All we can do is screw people.
[01:05:56.780 --> 01:06:08.780]  All we can do is take their properties, of which we have no skin in the game, and resell them and make more money.
[01:06:08.780 --> 01:06:17.780]  If Fannie Mae has never been named on title to begin with, do you think maybe that trustee for that sale
[01:06:17.780 --> 01:06:24.780]  sold them something that they didn't have a right to? Has that ever crossed anybody's mind, Randy?
[01:06:24.780 --> 01:06:34.780]  That is a really good point. The trustee, he is in a position of trust, not just for the lender,
[01:06:34.780 --> 01:06:41.780]  but also the borrower. He holds the legal title to the property in trust for both.
[01:06:41.780 --> 01:06:55.780]  So if he allows a credit sale to someone who's not named as the creditor, could we hammer him?
[01:06:55.780 --> 01:07:05.780]  Well, we have to remember the lender has substituted the trustee for the trustee that he wants in there.
[01:07:05.780 --> 01:07:14.780]  I'm always thinking about how do we hammer these guys? If the trustee, even if he was deliberately substituted
[01:07:14.780 --> 01:07:20.780]  because he would do this improperly, you know, I go back to Larry Weiss, when they were trying to sell his property,
[01:07:20.780 --> 01:07:26.780]  he told that trustee, you don't have authority to do this. If you sell this property, I'm going to have you arrested.
[01:07:26.780 --> 01:07:34.780]  He sold the property, Larry Weiss took out his phone, dialed 911, and got the police over there to arrest him.
[01:07:34.780 --> 01:07:40.780]  Well, they had some back and forth and didn't get him arrested, but he sure got that guy's attention.
[01:07:40.780 --> 01:07:50.780]  Now he needs to go back and sue the trustee because the trustee acted beyond the scope of his authority as trustee.
[01:07:50.780 --> 01:07:54.780]  So do you think he breached his fiduciary responsibilities?
[01:07:54.780 --> 01:08:01.780]  I think he absolutely knowingly and deliberately breached his fiduciary duty to both parties.
[01:08:01.780 --> 01:08:09.780]  Now, to one party by allowing the second party to purchase the property in clear violation of law.
[01:08:09.780 --> 01:08:17.780]  All right. So now what happens because all of these transactions are electronic transactions.
[01:08:17.780 --> 01:08:25.780]  All right. So just because Fannie Mae comes forth and says, I'm the investor, Randy, I'm over here.
[01:08:25.780 --> 01:08:31.780]  You're the trustee for the sale. I'm the beneficiary.
[01:08:31.780 --> 01:08:40.780]  But yet no one is questioned. Is that the properly named beneficiary into public record?
[01:08:40.780 --> 01:08:51.780]  This is real simple. If he is named in the record in a complete uninterrupted chain of holdership, then he is what he says he is.
[01:08:51.780 --> 01:08:58.780]  If he's not, I have a right to look in that record and trust what I see there.
[01:08:58.780 --> 01:09:09.780]  If he doesn't show in the record to have a claim, according to 13.001, he may have a claim, but he doesn't have one he can enforce.
[01:09:09.780 --> 01:09:14.780]  So I don't care who he is. He's not in the record.
[01:09:14.780 --> 01:09:23.780]  Everybody, the purchaser, the seller, the trustee, everybody has imputed knowledge of what is in the record.
[01:09:23.780 --> 01:09:31.780]  So that trustee can't say, I didn't know he really wasn't a proper holder.
[01:09:31.780 --> 01:09:36.780]  He has a notice by the public record and he cannot avoid it.
[01:09:36.780 --> 01:09:41.780]  So I say we sue the trustee against his bond. A lot harder to sue Fannie Mae.
[01:09:41.780 --> 01:09:46.780]  They got unlimited funds. This trustee doesn't.
[01:09:46.780 --> 01:09:58.780]  Well, how about if Fannie Mae was never named in a lawsuit, if Fannie Mae was not named in a foreclosure action?
[01:09:58.780 --> 01:10:11.780]  All right. Fannie Mae name was not on the payee line on the tangible promissory note that was exhibited into court record.
[01:10:11.780 --> 01:10:17.780]  All right. It said pay to the order of.
[01:10:17.780 --> 01:10:25.780]  And then it was an empty space. It was an as of yet unnamed payee.
[01:10:25.780 --> 01:10:30.780]  Okay. What kind of document does that become?
[01:10:30.780 --> 01:10:36.780]  Unsecured. It is a incomplete stamping.
[01:10:36.780 --> 01:10:44.780]  It is not an endorsement. If that wasn't an endorsement, an endorsement requires a signature.
[01:10:44.780 --> 01:10:50.780]  Now, the banks have come forth and have said, this is their paper.
[01:10:50.780 --> 01:10:56.780]  This is a blank endorsement. This is a blank line.
[01:10:56.780 --> 01:11:06.780]  And they say that because through decades of education, we have been taught to believe what we are told.
[01:11:06.780 --> 01:11:16.780]  It's like when you get a job application and the party instructing you says, Randy, I need you to fill all the blank lines in.
[01:11:16.780 --> 01:11:31.780]  Now, fast forward to 30 years later, and you've got an attorney standing in front of a judge holding a document that they're waving in front of the judge saying your honor.
[01:11:31.780 --> 01:11:36.780]  This is a blank endorsement. See the blank line?
[01:11:36.780 --> 01:11:43.780]  And I'm the bearer of this instrument. And this is bare paper.
[01:11:43.780 --> 01:11:48.780]  And the judge is just befuddled because he doesn't have an understanding.
[01:11:48.780 --> 01:11:58.780]  Nobody, Randy, has gone back into the statutory requirements of law and said, hmm, what is an endorsement?
[01:11:58.780 --> 01:12:04.780]  What is bare paper? What is order paper?
[01:12:04.780 --> 01:12:09.780]  What do these endorsements mean? Do they mean anything?
[01:12:09.780 --> 01:12:17.780]  And until we start questioning all of this, the information is not going to come out, Randy.
[01:12:17.780 --> 01:12:29.780]  So we won't know unless we have an understanding is this party that's claiming to be a beneficiary, a proper beneficiary.
[01:12:29.780 --> 01:12:37.780]  How do I look at these documents and tell if it's bare paper, order paper?
[01:12:37.780 --> 01:12:41.780]  What? Okay. Well, let's start from the beginning.
[01:12:41.780 --> 01:12:59.780]  All right. So if we were to go into under uniform commercial code, we could look up the requirements of law pertaining to negotiable instruments for bare paper.
[01:12:59.780 --> 01:13:10.780]  All right. So for bare paper, we could look up. All right. And it would be under UCC 3109.
[01:13:10.780 --> 01:13:20.780]  So under uniform commercial code 3-109. Now, if we're in Texas, it's going to be under the Texas Business and Commerce Code.
[01:13:20.780 --> 01:13:23.780]  Right. It's going to be the state's equivalence.
[01:13:23.780 --> 01:13:31.780]  And we would read it. And there's a number of definitions. And we are going to say, okay, what are we talking about?
[01:13:31.780 --> 01:13:51.780]  Well, it says that it is payable to bearer, B-E-A-R-E-R, or to the order of bearer, or otherwise indicates that the person in possession of the promise or order is entitled to payment.
[01:13:51.780 --> 01:14:00.780]  Now, I have yet to see a document with the words bearer on the document.
[01:14:00.780 --> 01:14:12.780]  In all of my years of doing this, I've never seen the bank come forth and say, this is a bearer instrument, and it says pay to bearer.
[01:14:12.780 --> 01:14:22.780]  Now, if we go back in time, let's jump back to before Kennedy got assassinated, and we had what's called Federal Reserve Notes.
[01:14:22.780 --> 01:14:32.780]  And it said bearer will pay on demand $1,000.
[01:14:32.780 --> 01:14:39.780]  However, once Kennedy was assassinated, the Federal Reserve Notes disappeared, and we got what was called dollar bills.
[01:14:39.780 --> 01:14:53.780]  That was 1965 that we accrued a fiat currency. Prior to that, we had silver certificates. We had nickel in our nickels.
[01:14:53.780 --> 01:15:00.780]  We had silver in our dimes and quarters and silver dollars and copper in our pennies.
[01:15:00.780 --> 01:15:17.780]  In 1965, the currency stopped being backed by hard currency. It became fiat.
[01:15:17.780 --> 01:15:26.780]  It became a Federal Reserve Note, just a piece of paper, and it only had the value that we gave it.
[01:15:26.780 --> 01:15:36.780]  And all through history, every single fiat currency has a lifespan of 50 years.
[01:15:36.780 --> 01:15:38.780]  I didn't know that.
[01:15:38.780 --> 01:15:44.780]  Everyone through history, we have a special guest we get on occasionally, Dr. Bill Veith.
[01:15:44.780 --> 01:15:53.780]  He's our fiat currency guy. And every single fiat currency has a lifespan of 50 years.
[01:15:53.780 --> 01:15:59.780]  Ours became a fiat currency in 65, do the math.
[01:15:59.780 --> 01:16:00.780]  We're getting up there.
[01:16:00.780 --> 01:16:04.780]  We're getting, we're overdue, actually.
[01:16:04.780 --> 01:16:09.780]  So now let's jump back to endorsement, because I hear it time and time again.
[01:16:09.780 --> 01:16:21.780]  I'm told, Joe, this is a blank endorsement, and nobody has gone through the statutory requirements of law.
[01:16:21.780 --> 01:16:28.780]  If one wants to look up what a blank endorsement is, all one needs to do is to go to the Uniform Commercial Code
[01:16:28.780 --> 01:16:34.780]  or the state's equivalent under 3-204 for endorsement.
[01:16:34.780 --> 01:16:37.780]  And we'll get back into endorsements when we come back.
[01:16:37.780 --> 01:16:46.780]  This is Joe Esquivel, Randy Kelton, Deborah Stevens with Rule of Law Radio.
[01:16:46.780 --> 01:16:56.780]  Our call-in number is 512-646-1984, and we'll be back in a few.
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[01:19:22.780 --> 01:19:35.780]  Well, ain't gonna fool me with that same old trick again.
[01:19:35.780 --> 01:19:39.780]  I was blindsided, but now I can see.
[01:19:39.780 --> 01:19:44.780]  Okay, we are back. Randy Kelton and Debbie Stevens here with Joe Esquivel.
[01:19:44.780 --> 01:20:04.780]  And I am in Austin at the moment, and this Sunday I plan to go down to Eddie's Sunday evening traffic seminar and invite everybody to show up.
[01:20:04.780 --> 01:20:12.780]  Eddie has not had a heckler in a long time, and I thought I was going to remedy that problem for him.
[01:20:12.780 --> 01:20:16.780]  And if anybody wants to help, just come on down and we'll have ourselves a great time.
[01:20:16.780 --> 01:20:23.780]  It'll be from 2 to 5 Sunday at Brave New Books, so come on down. We'll have a great time.
[01:20:23.780 --> 01:20:27.780]  Okay, where were we, Joe?
[01:20:27.780 --> 01:20:42.780]  We were talking about proper parties of record, about Fannie Mae. What happens now when Fannie Mae acquires title to this property?
[01:20:42.780 --> 01:21:04.780]  What happens to the homeowner who's getting thrown out now by a party that was not named in record, by a party who is not named on the pay line of the tangible promissory note, evidence in the court record?
[01:21:04.780 --> 01:21:15.780]  Let me address that for a second. We have these judges say, well, didn't you get a loan? Didn't you owe this money?
[01:21:15.780 --> 01:21:22.780]  Well, the judge has to know that's not a question that he gets to ask.
[01:21:22.780 --> 01:21:39.780]  We don't get to ignore law or ignore legal requirements just because we think someone else is deserving of some treatment of some sort or has some obligation.
[01:21:39.780 --> 01:21:45.780]  If we're going to follow law, we have to follow law all the time.
[01:21:45.780 --> 01:22:04.780]  And if anybody here, the biggest problem we have with people fighting for what is right is we enter into a mortgage contract and when we enter into it, we don't realize that everybody that we were given reason to trust is lying to us.
[01:22:04.780 --> 01:22:15.780]  They're lying to us, they're stealing all they can and going out of their way to create a note that we are sure to default on.
[01:22:15.780 --> 01:22:29.780]  And in another show, we'll talk about why the lenders would create a note, give you all this money to purchase this property and not want you to pay it back.
[01:22:29.780 --> 01:22:36.780]  It's complex how it gets there, but they make a whole lot more money if you don't pay it back than if you do.
[01:22:36.780 --> 01:22:49.780]  And the lender here who's been sucked into this program, you know, we go into a loan of this type and we have every intention of paying this thing back.
[01:22:49.780 --> 01:23:01.780]  And we act in good faith reliance on these supposed licensed professionals who have a duty to good faith and fair dealing. We believe them and we trust them.
[01:23:01.780 --> 01:23:22.780]  We shouldn't have to pay this extortion just because we relied to and the judge who would refuse to hold these individuals to letter of law has no power to do that. He becomes the worst criminal of them all.
[01:23:22.780 --> 01:23:40.780]  So then what you're saying is that the presumption that the banks have towards the banks and that the actions that they're taking is that the banks are presumed to be innocent.
[01:23:40.780 --> 01:23:45.780]  It is the homeowner who is at fault in all of this wrongdoing.
[01:23:45.780 --> 01:23:57.780]  And the bank is a victim. I guess that's what they're saying. That's certainly what they want to present because they know that most people are honest, hardworking, and they want to pay the bills.
[01:23:57.780 --> 01:24:11.780]  And when they can't pay the bills, they feel guilty and they take advantage of that. And they would have us feel bad because we didn't let them steal more money from us.
[01:24:11.780 --> 01:24:25.780]  And if we are to have a corpus juris, if we are to have a stable body of law, we have to follow all of that law even if we don't like it.
[01:24:25.780 --> 01:24:42.780]  You know, I do this show and I have people call in and sometimes they call in about things that I think third DUI and they give me the circumstances and I think, man, you deserve this.
[01:24:42.780 --> 01:24:49.780]  But I can't do that. I can't say you deserve this. Either we're going to follow law or we don't.
[01:24:49.780 --> 01:24:56.780]  If the policeman who did the arrest didn't follow law, we don't get to just throw that out because we want to.
[01:24:56.780 --> 01:25:04.780]  A judge doesn't get to say, did you enter into a note? Do you owe the money? He does not get to do that.
[01:25:04.780 --> 01:25:10.780]  If he doesn't follow law, if he acts arbitrarily, then everything is capricious.
[01:25:10.780 --> 01:25:19.780]  But I've yet to see any of those shiny bracelets on anybody else. We see homeowners that are dragged out.
[01:25:19.780 --> 01:25:31.780]  We see piles of furniture in the streets. And many times it's the homeowner that is told, if you go back in that house, I will have you arrested.
[01:25:31.780 --> 01:25:49.780]  We've got thugs breaking into houses, Randy, taking over something that does not belong to them day in and day out, day in and day out.
[01:25:49.780 --> 01:25:52.780]  And very few people are yelling, stop.
[01:25:52.780 --> 01:26:11.780]  Now, not only are the ones that are doing these wrongdoings guilty, but is my opinion that the parties that are not shouting forth, stop.
[01:26:11.780 --> 01:26:23.780]  They're guilty too of being silent. We have too many masses out there that have an understanding of what is to be done properly.
[01:26:23.780 --> 01:26:34.780]  And all they're saying is, you know what, it's not my problem. I have nothing to do with this. That's Randy's problem. Let Randy deal with it.
[01:26:34.780 --> 01:26:40.780]  But Randy, it's not just your problem. It's all of our problem.
[01:26:40.780 --> 01:26:50.780]  When they came for me, there was no one left to stand up. When they came for the Jews, I did not stand up because it didn't affect me.
[01:26:50.780 --> 01:27:00.780]  I don't remember that whole quote, but if we don't stand up, and this is, you know, I'm not doing this for me. This is for my children.
[01:27:00.780 --> 01:27:08.780]  What am I going to say to my children when they inherit the system that I have been the steward over?
[01:27:08.780 --> 01:27:14.780]  When they say that, what did you do to make sure my life was better?
[01:27:14.780 --> 01:27:24.780]  I talked to a prosecuting attorney once about this, and he asked me why I was going after the judge and the sheriff and prosecutors.
[01:27:24.780 --> 01:27:38.780]  And I told him that I'm a Vietnam veteran, and these hands have blood on them. They have wrongful blood on them. But I can't go back and fix that.
[01:27:38.780 --> 01:27:51.780]  But they'll have no more. What about yours? If you sit there and keep prosecuting people in violation of law the way you have,
[01:27:51.780 --> 01:28:00.780]  what are you going to tell your children when they wake up enslaved on the land that you were stewards of?
[01:28:00.780 --> 01:28:03.780]  What did you do to make sure they had a better life?
[01:28:03.780 --> 01:28:16.780]  Well, what happens if your son or your daughter were to purchase a house and a year later find out that someone else is claiming ownership of title?
[01:28:16.780 --> 01:28:26.780]  Someone has come forth a prior owner of that property and now has a claim on title. What happens then, Randy?
[01:28:26.780 --> 01:28:35.780]  Then they would obviously mean that they wouldn't get the property until I looked in the record.
[01:28:35.780 --> 01:28:43.780]  If it wasn't in the record and someone came claiming title, sorry, Bubba, life is tough.
[01:28:43.780 --> 01:28:57.780]  But now let's go back to Fannie Mae. Fannie Mae is selling property that it is acquired through a fraudulent transfer.
[01:28:57.780 --> 01:29:12.780]  And a year later, this transfer is looked at. And there's a determination that it was a fraudulent transfer.
[01:29:12.780 --> 01:29:24.780]  Is it the party that bought the subsequent piece of property from Fannie Mae after this credit bit? Are they wrong for buying this property?
[01:29:24.780 --> 01:29:36.780]  If the lack of standing for Fannie Mae was evident in the public record, yes, they are.
[01:29:36.780 --> 01:29:39.780]  How does one know, Randy? That's my question.
[01:29:39.780 --> 01:29:46.780]  Let's go down to the clerk and look in the record, piece of cake. Randy Kelton, Deborah Stevens, Joe Esquivel.
[01:29:46.780 --> 01:29:55.780]  We are at the two and a half hour, one and a half hour mark. We will, at the top of the hour, we'll start taking calls.
[01:29:55.780 --> 01:30:00.780]  We're calling number 512-646-1980.
[01:30:00.780 --> 01:30:08.780]  Remember Madonna's hit song, Express Yourself? Well, the Material Girls anthem turns out to be very good advice for couples.
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[01:30:43.780 --> 01:30:49.780]  Comedian Phyllis Diller might have been on to something when she joked, never go to bed mad, stay up and fight.
[01:30:49.780 --> 01:30:56.780]  Researchers at the University of Michigan studied marital conflict in 197 couples over 17 years.
[01:30:56.780 --> 01:31:06.780]  Couples where both partners suppress their anger over unfair attacks were twice as likely to die earlier than couples where at least one partner expressed their anger.
[01:31:06.780 --> 01:31:14.780]  Professor Ernest Harburg, the lead author of the study, says couples should identify healthy ways to handle their conflicts and work them through to resolution.
[01:31:14.780 --> 01:31:22.780]  He warns that couples who bury their anger brood on it and present their partners are setting themselves up for trouble and shorter lives.
[01:31:22.780 --> 01:31:29.780]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
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[01:33:31.780 --> 01:33:46.780]  The wicked come with temptations. They're trying to buy the whole place.
[01:33:46.780 --> 01:34:08.780]  They want to force new nations. Because they've fallen from grace. I will not think back. I just can't act that way.
[01:34:08.780 --> 01:34:19.780]  They've got this problem of dreaming up. And I won't be the slave come what may.
[01:34:19.780 --> 01:34:24.780]  Hi, this is Joe Esquivel with Randy.
[01:34:24.780 --> 01:34:25.780]  Kelton.
[01:34:25.780 --> 01:34:26.780]  Kelton. Sorry.
[01:34:26.780 --> 01:34:27.780]  I'm easy to forget.
[01:34:27.780 --> 01:34:30.780]  Jefferson Stevens with Rulow Law Radio.
[01:34:30.780 --> 01:34:32.780]  And Randy, we were talking about looking in a public record.
[01:34:32.780 --> 01:34:42.780]  Okay, let me explain. I bushwhacked him. He was expecting me to bring it in, and I motioned for him to do it, and I caught him flat-footed.
[01:34:42.780 --> 01:34:45.780]  That was great. I'll get to laugh about this one.
[01:34:45.780 --> 01:34:56.780]  All right, so we're talking about public record. Now, I'm a purchaser of property, all right? I'm looking at all these foreclosed homes because I'm looking to getting a deal.
[01:34:56.780 --> 01:35:00.780]  Am I really getting a deal? What am I getting?
[01:35:00.780 --> 01:35:07.780]  Well, when you purchase, you are warned that you purchase at your peril.
[01:35:07.780 --> 01:35:14.780]  So it really behooves you to know exactly what you're getting into.
[01:35:14.780 --> 01:35:22.780]  So then if I go to the title company and I'm expecting them to give me title insurance, aren't I not protected?
[01:35:22.780 --> 01:35:29.780]  Absolutely not. Not if you're a purchaser at foreclosure, you have no protection.
[01:35:29.780 --> 01:35:41.780]  Okay. Well, suppose, why is it that I've heard lately that, let's say that there was a house that was with Washington Mutual.
[01:35:41.780 --> 01:35:58.780]  And now suddenly you've got this company called JPMorgan Chase coming forth as plaintiff, claiming ownership, waving a document that says, we've taken over.
[01:35:58.780 --> 01:36:02.780]  It's like a coup, I guess. All right?
[01:36:02.780 --> 01:36:11.780]  And yet JPMorgan Chase is not listed in public record as beneficiary.
[01:36:11.780 --> 01:36:26.780]  But yet this newlywed couple that was looking to purchase the house, they're told that this house that was formerly with Washington Mutual Bank, now being claimed by JPMorgan Chase,
[01:36:26.780 --> 01:36:35.780]  that this couple has to go to JPMorgan Chase in order to get a loan. You think it has anything to do with title? Clouded title?
[01:36:35.780 --> 01:36:47.780]  I happened to have a warranty deed on a property in Frisco, Texas. And that property was mortgaged by Washington Mutual.
[01:36:47.780 --> 01:37:05.780]  A warranty deed and deed of trust filed in the record in, I think it was 04. And then in 09, there was a appointment of substitute trustee by JPMorgan Chase.
[01:37:05.780 --> 01:37:23.780]  And then in 2011, there was a warranty deed put in the record transferring the property to me. And then 2012, JPMorgan Chase foreclosed and sold the property without giving any notice to me.
[01:37:23.780 --> 01:37:45.780]  And then the guy in the property got a notice to vacate and I went to court. And two hours before court, I dropped a 34-page challenge subject matter jurisdiction and six criminal charges, two against the lawyer, two against the husband, two against the wife who purchased the property.
[01:37:45.780 --> 01:37:51.780]  Okay. Why don't you explain to our listeners what you just said a little broader?
[01:37:51.780 --> 01:38:08.780]  Okay. If you look in the court record, there is nothing in the record showing that JPMorgan Chase had authority to make any filings concerning title.
[01:38:08.780 --> 01:38:20.780]  Washington Mutual sold its assets or JPMorgan Chase purchased the assets of Washington Mutual.
[01:38:20.780 --> 01:38:30.780]  But Washington Mutual didn't assign the deed of trust to JPMorgan Chase and they went out of business.
[01:38:30.780 --> 01:38:37.780]  So what you're telling me is that Washington Mutual sold in interest of your mortgage loan instrument.
[01:38:37.780 --> 01:38:46.780]  No, I'm not saying that at all. I'm saying they sold the assets that they had.
[01:38:46.780 --> 01:38:54.780]  Now, if this note had been put into a trust, Washington Mutual didn't hold that as an asset.
[01:38:54.780 --> 01:39:03.780]  They held the deed of trust, but they didn't assign it to JPMorgan Chase before they went out of business, so they abandoned that one.
[01:39:03.780 --> 01:39:07.780]  JPMorgan Chase doesn't have squat.
[01:39:07.780 --> 01:39:21.780]  Now, they may have a note, they may actually have bought the note itself from Washington Mutual, but all they bought was an asset.
[01:39:21.780 --> 01:39:38.780]  All right, so what you're telling me then that this piece of paper, this tangible promissory note, which evidenced debt, which is a promise to pay, was purchased.
[01:39:38.780 --> 01:39:41.780]  No, I don't know if it was or not. There's no evidence in the record.
[01:39:41.780 --> 01:39:42.780]  None at all?
[01:39:42.780 --> 01:39:47.780]  Washington Mutual didn't say that we sold this to anybody. There's nothing in the record.
[01:39:47.780 --> 01:39:53.780]  So then JPMorgan Chase has acquired personal property, not real property.
[01:39:53.780 --> 01:40:01.780]  Exactly. The property belonged to the guy who got the loan. It belonged to him.
[01:40:01.780 --> 01:40:16.780]  And he granted a privilege to Washington Mutual Bank in the case of default of making a claim against the property and exercising a confessed judgment against the property.
[01:40:16.780 --> 01:40:19.780]  He didn't grant anything to JPMorgan Chase.
[01:40:19.780 --> 01:40:26.780]  So nobody's ever disputed that warranty deed. They're disputing the deed that was created between the bank and yourselves.
[01:40:26.780 --> 01:40:36.780]  No, we come into court and I told the judge that I don't know who these guys are.
[01:40:36.780 --> 01:40:46.780]  And they just come here and try to throw my client, my winner out of the property. All right, Your Honor, we bought this at a foreclosure sale. I don't know anything about that.
[01:40:46.780 --> 01:40:49.780]  I hold a warranty deed on the property.
[01:40:49.780 --> 01:40:57.780]  So if they're not named in the public record and they weren't named on any other document as payee.
[01:40:57.780 --> 01:41:08.780]  The only thing in the public record that had JPMorgan Chase's name on it was a purported assignment of a substitute trustee.
[01:41:08.780 --> 01:41:15.780]  Well, I sent a letter to the named person who signed that document.
[01:41:15.780 --> 01:41:37.780]  And did they get back to you? No, instructed him that that document was filed in violation of 13.001, I'm sorry, in violation of 51.901 Texas Government Code and demanded that he rescind the document.
[01:41:37.780 --> 01:41:50.780]  Under 38 point, I forget, it's right at the end of 38, the penal code. If there is a document improperly filed in the record.
[01:41:50.780 --> 01:42:19.780]  And if you filed a document that's fraudulent as it's defined by 51.901. And what that one says, if there's any document filed in the record that purports to affect a claim on title by an entity that's not named in the record as having authority to make the filing, the document is presumed to be fraudulent.
[01:42:19.780 --> 01:42:33.780]  So I notified him of that, that this document by JPMorgan Chase had nothing in the record showing that JPMorgan Chase had authority to file a document affecting title.
[01:42:33.780 --> 01:42:46.780]  Therefore, it was presumed by statute to be fraudulent. I requested that he remove it. He's got six weeks, 21 days. If he doesn't, it's a class A misdemeanor in Texas.
[01:42:46.780 --> 01:42:50.780]  Would they go arrest him? He's in Michigan.
[01:42:50.780 --> 01:42:55.780]  I haven't went back to Collin County and filed a complaint yet.
[01:42:55.780 --> 01:43:00.780]  And that's because Collin County has some serious problems.
[01:43:00.780 --> 01:43:06.780]  They're incredibly corrupt, and I have somebody else that's going after them.
[01:43:06.780 --> 01:43:14.780]  And when he lands on them with criminal complaints, I'm going to land on criminal complaints, we're going to land on Collin County with both feet.
[01:43:14.780 --> 01:43:28.780]  But I did file with the justice of the peace criminal charges against the lawyer, criminal charges against the man and wife that purchased the property.
[01:43:28.780 --> 01:43:36.780]  And when I told him that I had a warranty deed, the lawyer said, well, that's fraudulent.
[01:43:36.780 --> 01:43:38.780]  Well, maybe.
[01:43:38.780 --> 01:43:41.780]  Let's talk about that when we come back in the break.
[01:43:41.780 --> 01:43:44.780]  He didn't say it was fraudulent.
[01:43:44.780 --> 01:43:47.780]  So you have to construe that it is.
[01:43:47.780 --> 01:43:51.780]  This is Randy Kelton, Deborah Stevens, here with Joe Esquivel.
[01:43:51.780 --> 01:43:54.780]  I call in number 512-646-1984.
[01:43:54.780 --> 01:43:59.780]  We'll be right back.
[01:43:59.780 --> 01:44:03.780]  You feel tired when talking about important topics like money and politics?
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[01:46:25.780 --> 01:46:43.780]  Okay, we are back, and we got wound up on the break, so we're ready to hit this.
[01:46:43.780 --> 01:46:47.780]  Okay, when we went out, I was talking about what happened with this.
[01:46:47.780 --> 01:46:53.780]  You know, I tell people what I think they should do, and this was my opportunity to do it.
[01:46:53.780 --> 01:47:02.780]  And here I looked in the record, and I found no standing for JPMorgan Chase.
[01:47:02.780 --> 01:47:13.780]  JPMorgan Chase prosecuted a foreclosure when there's nothing in the record that showed they had the power to do that.
[01:47:13.780 --> 01:47:24.780]  Now, maybe JPMorgan Chase actually was the true and bona fide a-holder of the note and deed of trust and all that stuff.
[01:47:24.780 --> 01:47:27.780]  I don't care.
[01:47:27.780 --> 01:47:28.780]  All right.
[01:47:28.780 --> 01:47:31.780]  I got to stop you right there for one second.
[01:47:31.780 --> 01:47:40.780]  So what you're telling me is that they came forth with this action, claiming they had been damaged, claiming they had standing.
[01:47:40.780 --> 01:47:43.780]  Now, is that constitutional standing or prudential standing?
[01:47:43.780 --> 01:47:44.780]  Prudential.
[01:47:44.780 --> 01:47:45.780]  All right.
[01:47:45.780 --> 01:47:50.780]  So then how would one acquire prudential standing to come forth?
[01:47:50.780 --> 01:48:00.780]  There would have to be filed in the record a document granting them this standing by someone
[01:48:00.780 --> 01:48:09.780]  who has already had something filed in the record showing that they had the power to affect title.
[01:48:09.780 --> 01:48:22.780]  13.001 Property Code says if you have a claim against property which has not been properly acknowledged or proven and properly filed in the record,
[01:48:22.780 --> 01:48:25.780]  the claim is void as to the holder.
[01:48:25.780 --> 01:48:28.780]  So I don't care if he has a valid claim.
[01:48:28.780 --> 01:48:32.780]  So then let's go back to what we talked about earlier, okay?
[01:48:32.780 --> 01:48:44.780]  So if we were to go back to Texas Business and Commerce Code 3-203 Subsection D as in dog, if the transfer purports to transfer less than the entire instrument,
[01:48:44.780 --> 01:48:46.780]  negotiation does not occur.
[01:48:46.780 --> 01:48:52.780]  The transfer only acquires the rights of a partial assignee.
[01:48:52.780 --> 01:48:54.780]  Wait, we didn't even get there.
[01:48:54.780 --> 01:48:56.780]  There was nothing in the record.
[01:48:56.780 --> 01:49:01.780]  So if there's nothing, then one has not acquired any rights is what you're saying.
[01:49:01.780 --> 01:49:10.780]  There's nothing in the record showing that anyone transferred any right, any claim to JP Morgan Chase.
[01:49:10.780 --> 01:49:13.780]  But yet the court was willing to hand this over to them?
[01:49:13.780 --> 01:49:15.780]  Yeah, they're corrupt.
[01:49:15.780 --> 01:49:17.780]  I find it hard to believe.
[01:49:17.780 --> 01:49:21.780]  Oh, you are so naive.
[01:49:21.780 --> 01:49:33.780]  We had fun in the court, the lawyer on the other side, I told him I had a warranty deed in the record.
[01:49:33.780 --> 01:49:36.780]  And the lawyer said, well, that warranty deed is fraudulent.
[01:49:36.780 --> 01:49:38.780]  Well, maybe it is.
[01:49:38.780 --> 01:49:45.780]  But it was filed in the record by the uncontested holder of the warranty deed.
[01:49:45.780 --> 01:49:49.780]  And he transferred that property to me.
[01:49:49.780 --> 01:49:57.780]  Since it was filed in the record by someone withstanding to make that filing under 51.903,
[01:49:57.780 --> 01:50:00.780]  it may not be presumed as fraudulent.
[01:50:00.780 --> 01:50:06.780]  So it must be presumed as valid until such time as it's challenged.
[01:50:06.780 --> 01:50:09.780]  It has not been challenged.
[01:50:09.780 --> 01:50:22.780]  But then it looks to me, Randy, like you're the party being damaged and JP Morgan Chase is just willy nilly out there trying to steal something like a thief in the night.
[01:50:22.780 --> 01:50:24.780]  Exactly.
[01:50:24.780 --> 01:50:30.780]  And under the maxim nemo dat, one cannot sell what one does not own.
[01:50:30.780 --> 01:50:31.780]  Exactly.
[01:50:31.780 --> 01:50:33.780]  But yet they do it all the time, Randy.
[01:50:33.780 --> 01:50:34.780]  That was my position.
[01:50:34.780 --> 01:50:39.780]  And Collin County is peculiar.
[01:50:39.780 --> 01:50:45.780]  I have a friend that has an issue in Collin County, and they have a lot of problems there.
[01:50:45.780 --> 01:50:50.780]  So he's preparing a legal onslaught against them.
[01:50:50.780 --> 01:50:53.780]  And when he takes his, I'll take mine.
[01:50:53.780 --> 01:50:59.780]  I'll go in and file criminal charges against the justice of the peace.
[01:50:59.780 --> 01:51:10.780]  Ask the district attorney to present the justice of the peace to the grand jury and indict him for illegal conversion of my real property.
[01:51:10.780 --> 01:51:12.780]  And he's going to refuse.
[01:51:12.780 --> 01:51:16.780]  So do you think we have slander of title in there as well?
[01:51:16.780 --> 01:51:18.780]  I think this is more than slander of title.
[01:51:18.780 --> 01:51:20.780]  This is illegal conversion.
[01:51:20.780 --> 01:51:21.780]  This is criminal.
[01:51:21.780 --> 01:51:24.780]  This is not just this is not a civil issue.
[01:51:24.780 --> 01:51:25.780]  This is theft.
[01:51:25.780 --> 01:51:30.780]  Randy, this is done every day.
[01:51:30.780 --> 01:51:31.780]  But we never hear of it.
[01:51:31.780 --> 01:51:35.780]  The time we stood up and took them on.
[01:51:35.780 --> 01:51:39.780]  And this is, you know, we keep talking about the criminal side.
[01:51:39.780 --> 01:51:42.780]  This is really, really powerful.
[01:51:42.780 --> 01:51:43.780]  I agree.
[01:51:43.780 --> 01:51:46.780]  Until we stand up and until we're counted.
[01:51:46.780 --> 01:51:49.780]  Yeah, this scares the butt Jesus out of these guys.
[01:51:49.780 --> 01:51:54.780]  Now, they act like it's no big deal, but they know full well.
[01:51:54.780 --> 01:51:57.780]  Guys going in filing criminal complaints.
[01:51:57.780 --> 01:52:00.780]  That's like playing Russian roulette.
[01:52:00.780 --> 01:52:04.780]  Now, they pretty well figure you're not going to get that presented.
[01:52:04.780 --> 01:52:12.780]  And even if you do, the grand jury won't indict because the prosecutor will go in there and talk them out of it.
[01:52:12.780 --> 01:52:19.780]  The problem they have is the prosecutor will tell you those darn grand jurors.
[01:52:19.780 --> 01:52:22.780]  You never know what they're going to do.
[01:52:22.780 --> 01:52:25.780]  My prosecutor told me that.
[01:52:25.780 --> 01:52:34.780]  And I said that, Greg, I could not hear anything better.
[01:52:34.780 --> 01:52:36.780]  And he said, what are you talking about?
[01:52:36.780 --> 01:52:39.780]  So the grand jury was intended to be.
[01:52:39.780 --> 01:52:44.780]  They weren't put there to put people in prison.
[01:52:44.780 --> 01:52:48.780]  They were put there to be a check and balance.
[01:52:48.780 --> 01:52:53.780]  And to think for the prosecutor to say that he never knows what they're going to do.
[01:52:53.780 --> 01:52:58.780]  That means they are doing exactly what they should be doing.
[01:52:58.780 --> 01:53:02.780]  They're acting as that potential threat.
[01:53:02.780 --> 01:53:06.780]  You go down and start filing criminal charges against public officials.
[01:53:06.780 --> 01:53:08.780]  They get an indictment.
[01:53:08.780 --> 01:53:11.780]  Their career ends immediately.
[01:53:11.780 --> 01:53:14.780]  So this is Russian roulette.
[01:53:14.780 --> 01:53:19.780]  They're not going to let you know that you're scaring the bejesus out of them.
[01:53:19.780 --> 01:53:23.780]  I got all the highest judges in Texas put before grand jury.
[01:53:23.780 --> 01:53:26.780]  Never heard a word from any of them.
[01:53:26.780 --> 01:53:29.780]  And it was just this little kicking little complaint.
[01:53:29.780 --> 01:53:31.780]  I tried to file a writ of habeas corpus.
[01:53:31.780 --> 01:53:33.780]  They wanted a motion for leave to file.
[01:53:33.780 --> 01:53:34.780]  I said, heck with you.
[01:53:34.780 --> 01:53:36.780]  It's a writ of right.
[01:53:36.780 --> 01:53:40.780]  You have no standing to grant or deny leave.
[01:53:40.780 --> 01:53:41.780]  So the kid's in jail.
[01:53:41.780 --> 01:53:42.780]  It's not my fight.
[01:53:42.780 --> 01:53:43.780]  So I filed a motion.
[01:53:43.780 --> 01:53:45.780]  They denied the motion.
[01:53:45.780 --> 01:53:48.780]  I charged them with official oppression.
[01:53:48.780 --> 01:53:54.780]  Denied me and my right to file a writ of habeas corpus and did so under color of their authority.
[01:53:54.780 --> 01:53:56.780]  That's class A, Mr. Bean of Texas.
[01:53:56.780 --> 01:53:57.780]  Took it straight to the grand jury.
[01:53:57.780 --> 01:54:00.780]  Took me a year to get it to them.
[01:54:00.780 --> 01:54:09.780]  And the grand jury got it on their first day in office and held it to their last day in office and no billed.
[01:54:09.780 --> 01:54:21.780]  If you go to the Texas Court of Criminal Appeals and file a writ of habeas corpus, they are not going to ask you for a motion for leave to file.
[01:54:21.780 --> 01:54:23.780]  That's what we wanted.
[01:54:23.780 --> 01:54:24.780]  That's all we needed.
[01:54:24.780 --> 01:54:30.780]  If I got them all thrown out and then replaced them, we'd be in the same place.
[01:54:30.780 --> 01:54:41.780]  So what I'm hearing is that until we start putting these shiny bracelets on a number of parties that are involved in these transactions, that's when we're going to get momentum.
[01:54:41.780 --> 01:54:45.780]  That's where we get politics.
[01:54:45.780 --> 01:54:47.780]  We're not going to win it by rule of law.
[01:54:47.780 --> 01:54:49.780]  We're going to win it by politics.
[01:54:49.780 --> 01:54:56.780]  This JP in Frisco, Texas, I liked him.
[01:54:56.780 --> 01:54:58.780]  He was a nice guy.
[01:54:58.780 --> 01:55:00.780]  He handled me well.
[01:55:00.780 --> 01:55:03.780]  But I'm going to try to get him indicted anyway.
[01:55:03.780 --> 01:55:06.780]  I really don't want him indicted.
[01:55:06.780 --> 01:55:08.780]  But that's not my call.
[01:55:08.780 --> 01:55:12.780]  It's my duty to file the criminal complaint.
[01:55:12.780 --> 01:55:25.780]  So if we have someone that has an unlawful foreclosure, it sounds to me like one might have action to come forth against the party that have participated in these transactions.
[01:55:25.780 --> 01:55:26.780]  Would that be fair?
[01:55:26.780 --> 01:55:27.780]  It'd be fair.
[01:55:27.780 --> 01:55:28.780]  You have more than that.
[01:55:28.780 --> 01:55:30.780]  You don't just have a right.
[01:55:30.780 --> 01:55:33.780]  You have a duty.
[01:55:33.780 --> 01:55:50.780]  If you're driving down the street in Texas and somebody falls down on the side of the road and they're in serious difficulty and you don't stop to help them, you can be charged with failure to stop and render aid.
[01:55:50.780 --> 01:55:57.780]  If you do stop and help them, you're absolutely immune from any harm.
[01:55:57.780 --> 01:55:59.780]  Even if you do everything wrong, you're absolutely protected.
[01:55:59.780 --> 01:56:01.780]  You have a duty to do that.
[01:56:01.780 --> 01:56:05.780]  If you have knowledge that a crime's been committed, you have a duty to report it.
[01:56:05.780 --> 01:56:17.780]  So then if I looked in a public record and I don't see the named party coming forth with this action in public record, then I guess it would be my duty to report this.
[01:56:17.780 --> 01:56:19.780]  Absolutely.
[01:56:19.780 --> 01:56:22.780]  And it's important to understand, it's your duty.
[01:56:22.780 --> 01:56:29.780]  So when you do your duty, you could have no repercussion.
[01:56:29.780 --> 01:56:34.780]  When you file a criminal complaint, you hurt no one.
[01:56:34.780 --> 01:56:45.780]  All you do is give notice to the criminal justice system that you have reason to believe and do believe that a crime's been committed and this person committed it.
[01:56:45.780 --> 01:56:49.780]  The magistrate will give that, he'll make a determination of probable cause.
[01:56:49.780 --> 01:56:57.780]  If he finds probable cause, then an effect may be had on the accused, but you didn't do it.
[01:56:57.780 --> 01:56:59.780]  The magistrate did it.
[01:56:59.780 --> 01:57:14.780]  So then I guess I would have a duty to file with IRS on their whistleblower form if the proper parties were not following the law.
[01:57:14.780 --> 01:57:17.780]  You would have an absolute duty.
[01:57:17.780 --> 01:57:28.780]  And if it's the IRS and they're evading taxes, not only would you have a duty to report it, but you'd get 10% of anything they collect.
[01:57:28.780 --> 01:57:33.780]  Well, I'll tell you what.
[01:57:33.780 --> 01:57:50.780]  I, in order to do my job, need to go down all of these avenues because in doing my work, I am with a private investigation company.
[01:57:50.780 --> 01:58:03.780]  So I am licensed by the Texas Department of Safety and in order to fulfill my job, I need to bring all of these arguments to the table.
[01:58:03.780 --> 01:58:06.780]  You have greater duties than I do.
[01:58:06.780 --> 01:58:10.780]  And this is something that I believe needs to be addressed.
[01:58:10.780 --> 01:58:16.780]  There is so much wrong out there and it's only coming out right now.
[01:58:16.780 --> 01:58:23.780]  We need more people to come forth and right the wrongs.
[01:58:23.780 --> 01:58:25.780]  That's what's going to have to happen.
[01:58:25.780 --> 01:58:27.780]  That's the only way we're going to fix it.
[01:58:27.780 --> 01:58:30.780]  And we don't need everybody.
[01:58:30.780 --> 01:58:35.780]  We need maybe 5%.
[01:58:35.780 --> 01:58:37.780]  5% will change everything.
[01:58:37.780 --> 01:58:41.780]  Great changes never occurred because of the will of the masses.
[01:58:41.780 --> 01:58:43.780]  It's occurred because of a few people.
[01:58:43.780 --> 01:58:46.780]  This is Randy Kalten, Deborah Stevens, Joe Esquivel.
[01:58:46.780 --> 01:59:14.780]  We'll be right back.
[01:59:16.780 --> 01:59:43.780]  We'll be right back.
[01:59:43.780 --> 01:59:59.780]  You are listening to the Logos Radio Network, logosradionetwork.com.