ROL_2013-09-13_16k_Hr1-2.timecode

[00:00.000 --> 00:10.000]  You're listening to the Liberty Beat. Your daily source for Liberty news and activist updates.
[00:10.000 --> 00:15.000]  Online at TheLibertyBeat.com.
[00:15.000 --> 00:20.000]  Don Bush here with your Liberty Beat for Friday, September 13th, 2013.
[00:20.000 --> 00:25.000]  Gold open today at $1,317. Silver at $21.86.
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[00:53.000 --> 00:55.000]  And now the news.
[00:55.000 --> 00:59.000]  For more than a month, the Central Intelligence Agency has been delivering light machine guns
[00:59.000 --> 01:04.000]  and small arms to the Al-Qaeda-linked Syrian rebels, according to anonymous sources
[01:04.000 --> 01:08.000]  speaking with the Associated Press, the Washington Post, and the Wall Street Journal.
[01:08.000 --> 01:13.000]  The rebels have also received anti-tank weapons, such as rocket-propelled grenades.
[01:13.000 --> 01:21.000]  The top rebel commander denied receiving the aid, and the CIA declined to comment on the situation.
[01:21.000 --> 01:26.000]  On September 11, 2013, a coalition of more than 40 different organizations came together
[01:26.000 --> 01:31.000]  to host a speaking event in the heart of Times Square underneath a newly erected billboard
[01:31.000 --> 01:35.000]  that asked the question, did you know a third tower fell on 9-11?
[01:35.000 --> 01:39.000]  The event was part of ongoing efforts by the Rethink 9-11 campaign,
[01:39.000 --> 01:44.000]  which has been organized by a number of groups, including the architects and engineers for 9-11 Truth.
[01:44.000 --> 01:47.000]  Former Congresswoman Cynthia McKinney spoke at the event,
[01:47.000 --> 01:51.000]  detailing her role in questioning the investigation of the event from the beginning,
[01:51.000 --> 01:54.000]  specifically challenging then Secretary of Defense Donald Rumsfeld
[01:54.000 --> 01:58.000]  on his knowledge of financial aspects of the attacks on that day.
[01:58.000 --> 02:03.000]  The Rethink 9-11 campaign recently released a poll showing that 12 years after the events,
[02:03.000 --> 02:07.000]  a majority of Americans do not believe the official account of what happened that day
[02:07.000 --> 02:09.000]  and support a new investigation.
[02:09.000 --> 02:15.000]  For more information or to support their efforts, visit Rethink911.org.
[02:15.000 --> 02:21.000]  The Egyptian presidency, with the backing of the military,
[02:21.000 --> 02:25.000]  announced a two-month extension of a state of emergency on Thursday.
[02:25.000 --> 02:28.000]  Violence has spread throughout the country in the wake of the military overthrow
[02:28.000 --> 02:31.000]  of President Mohamed Morsi on July 3.
[02:31.000 --> 02:36.000]  The military-backed government believes the Muslim Brotherhood is inciting violence throughout the nation.
[02:36.000 --> 02:39.000]  The military has responded by smashing opposition protests
[02:39.000 --> 02:42.000]  and killing hundreds of suspected members of the Brotherhood.
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[03:00.000 --> 03:12.000]  The Liberty Beat is a production of the United States Department of State,
[03:12.000 --> 03:20.000]  the United States Department of State, and the United States Department of State.
[03:20.000 --> 03:30.000]  The Liberty Beat is a production of the United States Department of State,
[03:30.000 --> 03:40.000]  the United States Department of State, and the United States Department of State.
[03:40.000 --> 03:50.000]  The Liberty Beat is a production of the United States Department of State,
[03:50.000 --> 04:00.000]  the United States Department of State, and the United States Department of State.
[04:00.000 --> 04:10.000]  The Liberty Beat is a production of the United States Department of State,
[04:10.000 --> 04:20.000]  the United States Department of State, the United States Department of State,
[04:20.000 --> 04:30.000]  the United States Department of State, and the United States Department of State.
[04:30.000 --> 04:40.000]  The Liberty Beat is a production of the United States Department of State,
[04:40.000 --> 04:50.000]  the United States Department of State, the United States Department of State,
[04:50.000 --> 05:00.000]  the United States Department of State, the United States Department of State,
[05:00.000 --> 05:02.760]  And at the end of the, each one is a typical stuff.
[05:02.760 --> 05:05.640]  You live here, you owe us money, you owe us money.
[05:05.640 --> 05:09.320]  And then down at the end of it, it just says, where for?
[05:10.560 --> 05:12.440]  And then it says, you owe us money.
[05:12.440 --> 05:14.840]  And then it's signed by the Assistant Attorney General
[05:14.840 --> 05:16.040]  of the State of New York.
[05:17.240 --> 05:19.920]  And it was a case where I was trying to negotiate them
[05:19.920 --> 05:22.740]  for a period of time, occurred last year.
[05:23.880 --> 05:28.840]  And I disagreed with the amount of money
[05:28.840 --> 05:30.400]  that they were interested in.
[05:31.400 --> 05:36.080]  My case, or my claim was that the bill had been
[05:36.080 --> 05:39.040]  greatly inflated and then greatly discounted.
[05:41.160 --> 05:46.160]  So what I'm looking at is if I see 11 lines of allegations
[05:46.480 --> 05:48.120]  and then I see a wherefore,
[05:48.120 --> 05:51.220]  shouldn't I be seeing some kind of law that I've broken?
[05:51.220 --> 05:56.220]  Well, that's really not enough.
[05:57.540 --> 06:00.400]  In the 11 lines of allegations,
[06:01.580 --> 06:06.580]  if they state a claim, then not that I know of.
[06:11.220 --> 06:14.500]  In the line, what's in the 11 lines of allegations?
[06:14.500 --> 06:16.740]  Just that you owe us money, you owe us money?
[06:17.860 --> 06:21.060]  Yeah, yeah, it's pretty much, it says we gave you service,
[06:21.060 --> 06:23.120]  we did this, you live here.
[06:25.180 --> 06:28.060]  It mentions the name of a hospital at the state hospital.
[06:28.060 --> 06:29.740]  And of course, the Attorney General acts
[06:29.740 --> 06:32.800]  as the collection agent for that hospital.
[06:34.220 --> 06:37.620]  They don't send it to a, it's not a.
[06:39.500 --> 06:42.580]  It doesn't go to a third party debt collector.
[06:42.580 --> 06:46.900]  Right, so they have a cause of action
[06:46.900 --> 06:50.320]  from what I think is a general business law in New York
[06:50.320 --> 06:52.420]  to handle that kind of debt.
[06:52.420 --> 06:55.580]  But they don't specify it here, they don't.
[06:55.580 --> 07:00.580]  If I don't have a law specified here at some place,
[07:02.380 --> 07:03.220]  isn't that.
[07:03.220 --> 07:07.880]  Okay, that's not exactly how civil works.
[07:09.260 --> 07:11.820]  In criminal, they have to accuse you
[07:11.820 --> 07:14.220]  of violating a specific statute.
[07:15.940 --> 07:19.300]  In civil, it's because of the nature of civil,
[07:19.300 --> 07:22.140]  we don't really have statutes
[07:22.140 --> 07:27.140]  to adequately cover every possible permutation.
[07:27.220 --> 07:30.940]  So generally in civil, we can state our claim.
[07:30.940 --> 07:34.060]  But you still have to state the claim
[07:34.060 --> 07:36.940]  in terms of a cause of action.
[07:36.940 --> 07:39.420]  And debt collection is a cause of action.
[07:39.420 --> 07:42.220]  They claim that you live in New York,
[07:42.220 --> 07:46.240]  that's to establish the venue and jurisdiction.
[07:46.240 --> 07:49.840]  They claim that they provided you services
[07:49.840 --> 07:52.040]  and then you didn't pay for the services.
[07:52.040 --> 07:54.300]  That establishes a cause of action.
[07:55.320 --> 07:56.880]  So in civil, they don't,
[07:56.880 --> 07:58.980]  in order to establish the cause of action,
[07:58.980 --> 08:01.400]  they don't have to state a statute
[08:01.400 --> 08:05.840]  because there isn't necessarily always a statute.
[08:05.840 --> 08:07.740]  For instance, you're driving down the road
[08:07.740 --> 08:12.720]  and the tire comes off your car for some reason,
[08:12.720 --> 08:16.440]  unbeknownst to you and it bounces down the road
[08:16.440 --> 08:19.120]  and bashes into the side of a brand new Mustang
[08:19.120 --> 08:21.360]  in the front of the Barrett Bank parking lot.
[08:23.320 --> 08:25.540]  Now I told them it wasn't my fault.
[08:27.080 --> 08:30.840]  That I've told that tire not to roll across the road.
[08:30.840 --> 08:34.440]  I even instructed it to bash into that telephone pole
[08:34.440 --> 08:38.000]  it barely missed, but it did not listen
[08:38.000 --> 08:40.880]  and bashed into the side of that car.
[08:40.880 --> 08:44.200]  They did not have to state a law that I broke
[08:44.200 --> 08:47.160]  because I didn't break a law, it was an accident.
[08:47.160 --> 08:50.760]  My tires come off and one of them decided to get up
[08:50.760 --> 08:52.880]  and kick off down the hill.
[08:52.880 --> 08:55.360]  So there was no law to break.
[08:56.520 --> 09:01.520]  You caused me harm and I was not in any fault.
[09:02.560 --> 09:05.800]  You caused me harm by your negligence
[09:05.800 --> 09:10.320]  and if my tire came, wheel came off my truck,
[09:10.320 --> 09:13.840]  I guess it would ultimately be attributed to me.
[09:13.840 --> 09:16.440]  So they didn't even have to claim any statute.
[09:17.520 --> 09:20.680]  They just had to make a sufficient claim.
[09:21.820 --> 09:25.800]  And generally the responses we get,
[09:26.720 --> 09:29.680]  the standard response now to a federal suit
[09:29.680 --> 09:33.160]  is a rule 12B motion to dismiss for failure
[09:33.160 --> 09:35.900]  to state a claim on which recovery can be had.
[09:35.900 --> 09:40.180]  And what they did was stated a claim
[09:40.180 --> 09:42.300]  on which recovery can be had.
[09:43.500 --> 09:48.500]  We provided it services, we charged for the services,
[09:48.780 --> 09:51.060]  you took advantage of the services,
[09:51.060 --> 09:52.940]  you didn't pay for the services,
[09:53.860 --> 09:58.060]  therefore we have a cause of action to bring it to court.
[09:58.060 --> 10:00.780]  So the short answer is no,
[10:00.780 --> 10:02.940]  they don't have to cite any statute.
[10:02.940 --> 10:07.940]  So when I signed for this originally,
[10:08.620 --> 10:11.060]  I was brought in the hospital in a condition
[10:11.060 --> 10:15.300]  where I would say I was diminished capacity
[10:15.300 --> 10:17.660]  and I was given the usual papers to sign
[10:17.660 --> 10:20.220]  and I did ask at that time,
[10:20.220 --> 10:23.380]  could you have any idea what this was gonna cost
[10:23.380 --> 10:27.420]  in terms of, I specifically said by the day to them,
[10:27.420 --> 10:28.980]  this was the people that I guess,
[10:28.980 --> 10:30.260]  I don't know what you call them,
[10:30.260 --> 10:31.900]  some administrative workers.
[10:31.900 --> 10:36.260]  And they get you to sign that if your insurance
[10:36.260 --> 10:38.580]  doesn't cover it, you're responsible for it.
[10:39.940 --> 10:44.020]  And we were, as I mentioned the other night,
[10:44.020 --> 10:48.420]  I mean the bill was astronomical for what they did.
[10:49.700 --> 10:52.660]  And I just couldn't, I couldn't figure out
[10:52.660 --> 10:57.300]  or I couldn't think of how to fight it on the merits.
[10:57.300 --> 10:58.700]  Okay, did they?
[10:58.700 --> 11:01.380]  I always thought that would be a losing proposition.
[11:01.380 --> 11:06.380]  Okay, did they decrease the bill significantly?
[11:08.220 --> 11:09.060]  Yes, they did.
[11:10.140 --> 11:14.740]  Okay, then you're not likely to have the claim
[11:14.740 --> 11:18.380]  of gouging or overbilling if they decreased it.
[11:20.620 --> 11:25.620]  Even if they, if I, I think it's pretty,
[11:25.740 --> 11:28.820]  if one saw the itemized bill,
[11:28.820 --> 11:32.300]  I think it would be pretty obvious that it was increased
[11:32.300 --> 11:35.660]  before it was decreased and there have been newspapers.
[11:35.660 --> 11:38.980]  Okay, but even so, if they decreased it
[11:38.980 --> 11:41.740]  to a reasonable amount, you're not gonna have a claim.
[11:44.020 --> 11:46.460]  You're not gonna have a claim just because they tried
[11:46.460 --> 11:49.380]  to get more out of you on the front end.
[11:49.380 --> 11:51.820]  That went to contract negotiations.
[11:53.140 --> 11:56.940]  They made it, they made an offer for your acceptance.
[11:56.940 --> 11:59.340]  You didn't give your acceptance,
[11:59.340 --> 12:00.860]  so they made a counteroffer.
[12:02.100 --> 12:06.180]  And now they have made their final counteroffer
[12:07.180 --> 12:11.060]  and you didn't accept it, so they took civil action.
[12:11.060 --> 12:16.060]  Now, if the Secretary of State gets a claim,
[12:20.380 --> 12:23.420]  it will almost certainly from the Secretaries,
[12:23.420 --> 12:25.460]  I mean, Secretary of State, Attorney General,
[12:25.460 --> 12:27.580]  from the Attorney General, it will go
[12:27.580 --> 12:29.820]  to a third party debt collector.
[12:32.140 --> 12:34.540]  And once it goes there, then you can go back
[12:34.540 --> 12:38.060]  to the Mike Mears method and hammer
[12:38.060 --> 12:40.220]  the third party debt collector.
[12:41.300 --> 12:44.340]  Well, the last conversation,
[12:44.340 --> 12:48.900]  the only conversation I've had is with their legal assistant.
[12:48.900 --> 12:50.100]  I guess she's a paralegal.
[12:50.100 --> 12:52.700]  She's the one that's been in communication with me.
[12:52.700 --> 12:56.180]  And when she first sent me the summons,
[12:56.180 --> 12:59.540]  I went and got the notice of appearance
[13:00.500 --> 13:05.060]  and I sent it in and I got a call the next day.
[13:05.060 --> 13:10.060]  And she offered to send me a financial disclosure
[13:11.980 --> 13:16.980]  and give me up to 90 days on an agreement,
[13:19.820 --> 13:21.940]  let's see what they called it here,
[13:21.940 --> 13:24.620]  stipulation, which I had to figure out the right
[13:24.620 --> 13:26.620]  for myself because I couldn't find an example
[13:26.620 --> 13:28.780]  that actually, you know, that exactly fit
[13:28.780 --> 13:30.700]  what I was looking for.
[13:30.700 --> 13:33.940]  And the financial that they wanted me to sign over to them,
[13:33.940 --> 13:35.900]  I thought were pretty drastic because I thought
[13:35.900 --> 13:39.180]  they include about 30 items.
[13:39.180 --> 13:41.660]  And then on the backside of it,
[13:41.660 --> 13:43.620]  I authorized the officer, Attorney General,
[13:43.620 --> 13:45.900]  obtain any credit reports considered necessary
[13:45.900 --> 13:48.300]  and hold it harmless from any claims,
[13:48.300 --> 13:50.260]  liabilities or damages.
[13:50.260 --> 13:51.860]  I said, I'm not signing this.
[13:53.220 --> 13:55.020]  I said, it looks to me like you're trying to,
[13:55.020 --> 13:58.300]  you know, short circuit discovery or something.
[13:58.300 --> 14:01.020]  Yeah, they're gonna do everything they can
[14:01.020 --> 14:05.740]  to move things to their side of the table
[14:05.740 --> 14:08.380]  to give them as much advantage as possible.
[14:08.380 --> 14:11.220]  But how much is the claim at this point?
[14:12.220 --> 14:14.460]  It's less than $5,000.
[14:14.460 --> 14:15.300]  It was-
[14:15.300 --> 14:16.140]  It's how much?
[14:17.340 --> 14:19.500]  It's less than 5,000, just a bit less.
[14:19.500 --> 14:23.180]  Oh, let them get the judgment, big deal.
[14:24.180 --> 14:26.620]  They will get the judgment and then they'll
[14:26.620 --> 14:30.060]  put it in the hands of the third party debt collector.
[14:30.060 --> 14:32.460]  And using the Mike Mears method,
[14:32.460 --> 14:35.940]  you can get much more than a $5,000 claim
[14:35.940 --> 14:37.140]  against the debt collector
[14:37.140 --> 14:39.660]  and get him to write the debt off.
[14:39.660 --> 14:42.540]  So you're thinking that if the last communication
[14:42.540 --> 14:44.580]  I had with the legal sector, she gave me a choice.
[14:44.580 --> 14:45.700]  She said, look, at this point-
[14:45.700 --> 14:46.780]  Okay, okay, wait, wait, wait.
[14:46.780 --> 14:49.380]  Don't go through all of that and just-
[14:49.380 --> 14:50.220]  Okay.
[14:50.220 --> 14:52.340]  You're gonna lose this case.
[14:52.340 --> 14:53.540]  Okay.
[14:53.540 --> 14:56.220]  Trust me, you're gonna lose this case.
[14:56.220 --> 14:59.060]  You can go get a lawyer and he'll gouge you
[14:59.060 --> 15:01.140]  for whatever money he can get
[15:01.140 --> 15:03.860]  and you're still gonna lose this case.
[15:03.860 --> 15:05.420]  Right.
[15:05.420 --> 15:08.620]  And at 5,000, you know, they can't put you in jail
[15:08.620 --> 15:09.460]  for debt.
[15:10.500 --> 15:13.540]  They'll have to turn it over to a debt collector.
[15:13.540 --> 15:17.820]  And the debt collector never does it right.
[15:17.820 --> 15:20.340]  And once you tell him not to call you anymore,
[15:20.340 --> 15:22.980]  every time he calls you, you put a note on the ledger
[15:22.980 --> 15:25.740]  and that's a thousand bucks a pop, five calls.
[15:25.740 --> 15:27.580]  You file a federal suit against him
[15:27.580 --> 15:30.980]  for a claim larger than the debt
[15:30.980 --> 15:35.580]  and you deal with him, gargle him a time or two.
[15:36.540 --> 15:40.060]  And then you make a deal to retire the debt
[15:40.060 --> 15:41.780]  to you drop your claim.
[15:41.780 --> 15:46.780]  Hmm, I'm currently living on IRA for the year
[15:46.980 --> 15:49.580]  and I think that's exempt.
[15:49.580 --> 15:52.540]  So I'm not sure they could get a judgment on me.
[15:53.420 --> 15:57.220]  They may get a, if your income is low,
[15:57.220 --> 15:59.300]  they won't be able to take your income.
[16:00.180 --> 16:01.020]  Okay.
[16:02.420 --> 16:03.740]  You have to be making,
[16:03.740 --> 16:06.060]  they have to leave you enough to live on.
[16:06.060 --> 16:07.580]  And for $5,000 debt,
[16:07.580 --> 16:09.580]  they're not gonna work terribly hard.
[16:09.580 --> 16:12.740]  Because they'll use up that $5,000 really, really fast.
[16:12.740 --> 16:16.420]  Yeah, I know that sounds like maybe two or three paychecks
[16:16.420 --> 16:20.860]  to some people, but sometimes it's not the case.
[16:20.860 --> 16:24.860]  Oh, I'm not discounting that it's a lot of money to you.
[16:25.820 --> 16:27.900]  It's not a lot of money to them.
[16:29.300 --> 16:33.020]  So they'll use that up in their attorney costs really fast.
[16:33.020 --> 16:34.780]  It's all about the money anyway.
[16:36.300 --> 16:37.140]  Okay.
[16:37.140 --> 16:42.140]  Okay, thank you.
[16:43.660 --> 16:46.180]  Okay, thank you Ken and good luck on that.
[16:47.140 --> 16:50.020]  But let them start collecting and then call back.
[16:50.020 --> 16:52.820]  We'll show you how to hammer the debt collector.
[16:52.820 --> 16:54.340]  Okay, this is Randy Kelton,
[16:54.340 --> 16:56.540]  Deborah Stevens, rule of law radio.
[16:56.540 --> 16:59.620]  Our call in number 512-646-90.
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[18:00.660 --> 18:02.820]  Are you being harassed by debt collectors
[18:02.820 --> 18:05.740]  with phone calls, letters, or even lawsuits?
[18:05.740 --> 18:07.380]  Stop debt collectors now
[18:07.380 --> 18:09.500]  with the Michael Mears proven method.
[18:09.500 --> 18:12.260]  Michael Mears has won six cases in federal court
[18:12.260 --> 18:15.100]  against debt collectors, and now you can win too.
[18:15.100 --> 18:17.860]  You'll get step-by-step instructions in plain English
[18:17.860 --> 18:21.260]  on how to win in court using federal civil rights statutes,
[18:21.260 --> 18:24.980]  what to do when contacted by phones, mail, or court summons,
[18:24.980 --> 18:27.020]  how to answer letters and phone calls,
[18:27.020 --> 18:29.620]  how to get debt collectors out of your credit report,
[18:29.620 --> 18:31.500]  how to turn the financial tables on them
[18:31.500 --> 18:34.220]  and make them pay you to go away.
[18:34.220 --> 18:37.140]  The Michael Mears proven method is the solution
[18:37.140 --> 18:39.060]  for how to stop debt collectors.
[18:39.060 --> 18:41.460]  Personal consultation is available as well.
[18:41.460 --> 18:44.860]  For more information, please visit ruleoflawradio.com
[18:44.860 --> 18:47.100]  and click on the blue Michael Mears banner
[18:47.100 --> 18:49.900]  or email michaelmears at yahoo.com.
[18:49.900 --> 18:52.260]  That's ruleoflawradio.com,
[18:52.260 --> 18:57.260]  or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com
[18:57.700 --> 19:00.220]  to learn how to stop debt collectors now.
[19:00.220 --> 19:05.220]  You are listening to the Logos Radio Network,
[19:05.220 --> 19:08.620]  logosradionetwork.com.
[19:08.620 --> 19:37.620]  Let's get to justice, yeah, whoa,
[19:37.620 --> 19:42.620]  okay, we are back.
[19:46.620 --> 19:50.220]  Randy Kelton, Deborah Stevens, New World Radio,
[19:50.220 --> 19:54.980]  and we're gonna go to Diane in Florida.
[19:56.860 --> 19:57.700]  Hello, Diane.
[19:58.540 --> 20:01.300]  Hey, I've got a question here.
[20:01.300 --> 20:06.020]  I bought a property in 91 through a corporation.
[20:06.020 --> 20:08.700]  It was a corporate name on the contract.
[20:08.700 --> 20:11.300]  And now in 2008,
[20:11.300 --> 20:13.980]  they started foreclosure proceedings on me.
[20:13.980 --> 20:16.860]  And so I started looking into things,
[20:16.860 --> 20:21.660]  and I found that this was a Florida inactive corporation
[20:21.660 --> 20:23.500]  a year prior.
[20:23.500 --> 20:25.900]  So what kind of standing would they have
[20:25.900 --> 20:27.420]  with an inactive corporation?
[20:27.420 --> 20:30.060]  Because now it was 18 years later
[20:30.060 --> 20:32.700]  when they started a foreclosure suit
[20:32.700 --> 20:37.300]  on an inactive corporation.
[20:37.300 --> 20:38.820]  Oh, that is interesting.
[20:38.820 --> 20:41.740]  Who was the owner of the corporation?
[20:44.180 --> 20:46.860]  Some individuals that now live up in New York.
[20:48.420 --> 20:50.660]  One of them is actually an attorney.
[20:51.860 --> 20:54.100]  That is a really good question.
[20:54.100 --> 20:59.100]  How do you foreclose on a non-existent client?
[20:59.100 --> 21:03.580]  Yeah.
[21:03.580 --> 21:05.980]  Well, they do it in Florida all the time, Randy.
[21:09.220 --> 21:13.020]  Well, okay, would you explain that, Joe?
[21:14.140 --> 21:18.580]  They claim that the party who is deceased
[21:18.580 --> 21:22.500]  or is out of business is a client of theirs,
[21:22.500 --> 21:24.300]  is the plaintiff.
[21:24.300 --> 21:28.220]  And in many cases, the plaintiff ceases to exist
[21:28.220 --> 21:32.300]  either by license being revoked,
[21:33.940 --> 21:37.340]  the license being expired,
[21:38.500 --> 21:43.060]  or the individuals no longer being in existence.
[21:43.060 --> 21:45.660]  There have been bankruptcy cases.
[21:45.660 --> 21:46.940]  That's the plaintiff.
[21:48.060 --> 21:51.340]  This is the defendant that doesn't exist.
[21:51.340 --> 21:52.580]  No, it's the plaintiff.
[21:52.580 --> 21:55.140]  No, this is the plaintiff she's talking about.
[21:55.140 --> 21:56.500]  Okay, did I misunderstand?
[21:56.500 --> 22:01.500]  You're saying that the entity that is foreclosing?
[22:03.380 --> 22:04.620]  Correct.
[22:04.620 --> 22:06.740]  Steve, are you there?
[22:06.740 --> 22:08.340]  You wanna address that?
[22:08.340 --> 22:10.500]  Sure, I'm looking for a Texas...
[22:10.500 --> 22:15.500]  Well, most states, and I'm looking for the Texas statute,
[22:18.540 --> 22:23.540]  they're, okay, what state is the entity
[22:23.540 --> 22:27.740]  or was the entity, when the entity was in existence,
[22:27.740 --> 22:29.580]  what state was it registered in?
[22:30.460 --> 22:32.020]  Florida.
[22:32.020 --> 22:33.660]  Okay, it was a Florida corporation
[22:33.660 --> 22:35.940]  or a foreign filing,
[22:35.940 --> 22:38.500]  foreign corporation registered in Florida?
[22:38.500 --> 22:41.260]  No, it was a Florida corporation back then,
[22:41.260 --> 22:44.100]  in the 1980s. Okay, okay.
[22:44.100 --> 22:46.580]  Okay, I want a forcible detainer.
[22:46.580 --> 22:48.180]  I call it a win.
[22:48.180 --> 22:51.220]  The guy, the attorneys for the other side
[22:51.220 --> 22:56.220]  filed a, they offered and filed a,
[22:57.340 --> 23:00.340]  now keep in mind this was on appeal or trial de novo,
[23:00.340 --> 23:03.980]  but they filed an agreed order of dismissal.
[23:04.980 --> 23:07.660]  And once that was filed, the attorney went
[23:07.660 --> 23:11.940]  and had the JP judgment that he had won prior,
[23:11.940 --> 23:13.220]  had that vacated.
[23:14.580 --> 23:18.020]  And now here in Texas, as soon as you perfect an appeal,
[23:18.020 --> 23:19.500]  that's an automatic vacation
[23:19.500 --> 23:24.500]  from the vacation of the judgment in the justice court.
[23:26.660 --> 23:29.980]  Your appeal here in Texas would be a trial de novo.
[23:29.980 --> 23:33.100]  That is a new trial because the old trial
[23:33.100 --> 23:34.940]  was held in a court of no record.
[23:34.940 --> 23:36.980]  So you get a new trial.
[23:36.980 --> 23:39.940]  And under the trial de novo, you can bring in new evidence.
[23:39.940 --> 23:42.020]  And the evidence I brought in was that
[23:42.020 --> 23:45.300]  national city mortgage, I'm sorry,
[23:45.300 --> 23:48.180]  national city real estate services, LLC,
[23:48.180 --> 23:50.660]  and 15 yards of other corporations
[23:50.660 --> 23:53.060]  that they were absorbed into
[23:53.060 --> 23:56.900]  had gone out of business in 2009, here it was 2013,
[23:56.900 --> 23:59.140]  and somebody filed something, oopsie daisy.
[24:00.460 --> 24:03.740]  Now what they're looking at is Baratree
[24:03.740 --> 24:06.660]  because, and Baratree being a felony,
[24:08.540 --> 24:10.180]  they did not have a client.
[24:10.180 --> 24:12.980]  Their client was non-existent
[24:12.980 --> 24:15.060]  as of whenever they went out of business.
[24:15.940 --> 24:17.580]  So if they're coming in the name,
[24:17.580 --> 24:20.220]  the plaintiff no longer exists,
[24:20.220 --> 24:23.060]  that equates Baratree because they don't have a client,
[24:23.060 --> 24:25.940]  that equates fraud upon the court,
[24:26.940 --> 24:30.140]  contempt of court, aggravated perjury.
[24:31.820 --> 24:33.940]  Simulating the legal process.
[24:33.940 --> 24:35.540]  Simulating the legal process.
[24:35.540 --> 24:38.700]  Aggravated perjury tampered with the government document.
[24:38.700 --> 24:43.700]  Yes, violations of 3.3 of the ABA rules,
[24:43.700 --> 24:45.580]  every state's got their own equivalent.
[24:46.780 --> 24:50.020]  But yeah, these guys are, they're in big trouble
[24:50.020 --> 24:53.300]  if they're bringing a suit in the name of a company
[24:53.300 --> 24:54.740]  that does not exist.
[24:55.740 --> 24:59.340]  There was a plea to the jurisdiction filed successfully.
[25:00.220 --> 25:04.020]  We came out of that hearing with smiles on our face.
[25:04.020 --> 25:09.020]  We came out of that hearing with smiles on our face.
[25:12.580 --> 25:16.340]  Does that answer your question, Dias?
[25:16.340 --> 25:19.500]  Well, so I mean, we're basically saying
[25:19.500 --> 25:20.620]  that they don't have standing,
[25:20.620 --> 25:21.980]  because I'll tell you what they did.
[25:21.980 --> 25:23.900]  I went to the court file because-
[25:23.900 --> 25:25.540]  It's not basically.
[25:25.540 --> 25:27.700]  There's no one to have standing.
[25:30.740 --> 25:33.620]  There's nobody that can, there's nobody there.
[25:33.620 --> 25:35.900]  They don't exist.
[25:35.900 --> 25:37.620]  It's like cigarette smoke in a fan.
[25:37.620 --> 25:42.620]  It's gone, they don't, nobody has standing in that name.
[25:42.940 --> 25:45.500]  This goes to agency of the agent.
[25:46.940 --> 25:48.740]  It goes straight to standing as well.
[25:50.740 --> 25:53.940]  It goes to agency of the agent
[25:53.940 --> 25:57.700]  to represent a principle with standing and capacity.
[25:57.700 --> 25:58.540]  And there isn't one.
[25:58.540 --> 25:59.900]  But there is no principle,
[25:59.900 --> 26:02.020]  so the agent cannot have agency.
[26:02.020 --> 26:04.740]  Therefore, they lack standing.
[26:04.740 --> 26:09.060]  Therefore, they lack one of the honors of jurisdiction.
[26:09.060 --> 26:11.460]  Counters sue the lawyer for three times
[26:11.460 --> 26:13.940]  the amount of the original principle.
[26:13.940 --> 26:16.180]  Who that old jerk a knot in his rope?
[26:17.140 --> 26:20.660]  Well, this is, I went down to the court file to look,
[26:20.660 --> 26:24.940]  and they went and filed with the state of Florida
[26:24.940 --> 26:29.380]  to pay all back years to bring that,
[26:29.380 --> 26:32.460]  to change the name of that corporation to a new one
[26:32.460 --> 26:37.020]  and to pay all back annual filing to the state of Florida.
[26:37.020 --> 26:39.860]  Well, if the entity no longer existed,
[26:39.860 --> 26:42.460]  then who had the authority to change the name?
[26:43.340 --> 26:44.180]  Nobody.
[26:44.180 --> 26:45.220]  Yeah, okay.
[26:45.220 --> 26:46.980]  The corporation no longer exists.
[26:46.980 --> 26:49.420]  There's nobody with authority to change any name.
[26:49.420 --> 26:51.700]  There's no name to change.
[26:51.700 --> 26:56.020]  When the corporation ceased to exist,
[26:56.020 --> 26:59.940]  if prior to that time,
[26:59.940 --> 27:04.940]  the corporation failed to transfer the note indeed of trust
[27:04.980 --> 27:06.140]  to some other entity,
[27:06.140 --> 27:08.660]  primarily the security instrument,
[27:08.660 --> 27:11.700]  then in Florida it would be a mortgage.
[27:11.700 --> 27:15.100]  If they failed to transfer the mortgage to another entity,
[27:16.100 --> 27:19.300]  then they abandoned it.
[27:19.300 --> 27:24.300]  They were the one that had the security instrument
[27:26.220 --> 27:27.980]  protected that entity.
[27:29.180 --> 27:31.500]  When that entity disappeared,
[27:31.500 --> 27:34.140]  the security instrument became void
[27:35.460 --> 27:39.060]  and they can't come back and revive it later.
[27:39.060 --> 27:41.820]  Joe, you addressed that before.
[27:41.820 --> 27:45.180]  Right, and actually it's not void, okay?
[27:45.180 --> 27:48.820]  So what it is, it is a nullity.
[27:48.820 --> 27:49.980]  It's not voidable.
[27:49.980 --> 27:50.820]  It's not voidable.
[27:50.820 --> 27:52.140]  That's completely different.
[27:52.140 --> 27:53.620]  It is a nullity.
[27:55.340 --> 27:56.660]  Void would give the inference
[27:56.660 --> 27:58.940]  that it was at one time valid.
[27:58.940 --> 27:59.780]  So with the entity-
[27:59.780 --> 28:02.180]  It was, it was.
[28:02.180 --> 28:04.740]  When it was, when the company existed-
[28:04.740 --> 28:08.980]  When it existed, but it no longer exists.
[28:08.980 --> 28:13.500]  So it can't, the security instrument cannot exist.
[28:13.500 --> 28:16.660]  And even when they executed the security interest,
[28:16.660 --> 28:17.500]  it was-
[28:17.500 --> 28:21.380]  Because they executed by, in order for Florida,
[28:21.380 --> 28:25.900]  you're going to go to 635-3203.
[28:26.820 --> 28:28.940]  Now, hold on, I'll tell you.
[28:28.940 --> 28:29.780]  Give me one second.
[28:29.780 --> 28:30.620]  I'll tell you for-
[28:30.620 --> 28:31.860]  Write this down.
[28:31.860 --> 28:34.580]  For, let's see, where am I at?
[28:34.580 --> 28:36.300]  One second.
[28:36.300 --> 28:39.740]  Let me get exactly so I can give you the exact statute
[28:39.740 --> 28:41.340]  that you're going to use.
[28:41.340 --> 28:42.300]  All right.
[28:42.300 --> 28:45.980]  And when you say nullity, it's nullity of what?
[28:45.980 --> 28:48.220]  The note and mortgage?
[28:48.220 --> 28:49.500]  The security instrument.
[28:49.500 --> 28:51.260]  One, one second.
[28:51.260 --> 28:53.660]  The security instrument being the mortgage.
[28:53.660 --> 28:58.580]  The mortgage is the document that grants a privilege
[28:58.580 --> 29:02.700]  to the holder to make a claim against the property
[29:02.700 --> 29:05.660]  instead of a claim against the borrower.
[29:05.660 --> 29:06.660]  Okay.
[29:06.660 --> 29:10.300]  Diane, here's what I want you to write down.
[29:10.300 --> 29:17.300]  You're going to go to FSA 673.1101,
[29:17.340 --> 29:20.060]  and that's identification of person
[29:20.060 --> 29:22.940]  to whom instrument is payable.
[29:22.940 --> 29:23.940]  Okay.
[29:23.940 --> 29:25.780]  Okay, you're going to go to,
[29:30.060 --> 29:35.060]  you're going to go to FSA 673-2031,
[29:35.060 --> 29:40.740]  subsection number four.
[29:40.740 --> 29:42.460]  Okay.
[29:42.460 --> 29:46.500]  And you're going to go to a few others,
[29:46.500 --> 29:47.900]  and we will get back,
[29:47.900 --> 29:50.900]  because we're going to break in a moment.
[29:50.900 --> 29:53.580]  So this is Randy Kelton, Joe Esquivel,
[29:53.580 --> 29:55.460]  and Deborah Stevens, Rule of Law Radio.
[29:55.460 --> 29:57.420]  We'll be back at you in a few,
[29:57.420 --> 29:58.740]  and we'll talk to you then, Diane.
[29:58.740 --> 30:01.380]  Thank you.
[30:01.380 --> 30:04.340]  Snacking can make you healthier, really.
[30:04.340 --> 30:06.580]  In fact, one tasty treat that's often considered
[30:06.580 --> 30:07.740]  a naughty indulgence
[30:07.740 --> 30:10.140]  should move right to the top of your list.
[30:10.140 --> 30:11.300]  I'm Dr. Catherine Albrecht,
[30:11.300 --> 30:13.820]  and I'll tell you what it is in just a moment.
[30:13.820 --> 30:15.780]  Privacy is under attack.
[30:15.780 --> 30:17.660]  When you give up data about yourself,
[30:17.660 --> 30:19.380]  you'll never get it back again.
[30:19.380 --> 30:21.180]  And once your privacy is gone,
[30:21.180 --> 30:24.180]  you'll find your freedoms will start to vanish, too.
[30:24.180 --> 30:27.060]  So protect your rights, say no to surveillance,
[30:27.060 --> 30:29.460]  and keep your information to yourself.
[30:29.460 --> 30:31.940]  Privacy, it's worth hanging onto.
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[30:42.860 --> 30:45.540]  It's time to go crazy for nuts.
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[30:53.460 --> 30:55.700]  A study by the International Journal of Obesity
[30:55.700 --> 30:58.060]  found that overweight adults who ate almonds
[30:58.060 --> 30:59.500]  as part of their diet plans
[30:59.500 --> 31:01.020]  lost more weight than those who ate
[31:01.020 --> 31:02.980]  more complex carbohydrates.
[31:02.980 --> 31:04.260]  And while you're losing weight,
[31:04.260 --> 31:06.660]  nuts can help prevent heart disease, cancer,
[31:06.660 --> 31:09.420]  and premature aging, especially walnuts.
[31:09.420 --> 31:11.580]  Researchers have crammed them the king of nuts
[31:11.580 --> 31:14.220]  because they contain nearly twice the health-enhancing
[31:14.220 --> 31:16.100]  antioxidants of other nuts.
[31:16.100 --> 31:18.380]  Plus, they're the richest in omega-3s.
[31:18.380 --> 31:21.900]  So go ahead, you can afford to go nuts for nuts.
[31:21.900 --> 31:23.020]  I'm Dr. Catherine Albrecht.
[31:23.020 --> 31:26.180]  More news and information at CatherineAlbrecht.com.
[31:26.180 --> 31:29.260]  This is Building 7, a 47-story skyscraper
[31:29.260 --> 31:31.620]  that fell on the afternoon of September 11th.
[31:31.620 --> 31:33.580]  The government says that fire brought it down.
[31:33.580 --> 31:36.340]  However, 1,500 architects and engineers
[31:36.340 --> 31:38.700]  concluded it was a controlled demolition.
[31:38.700 --> 31:40.620]  Over 6,000 of my fellow service members
[31:40.620 --> 31:41.620]  have given their lives.
[31:41.620 --> 31:44.220]  Thousands of my fellow first responders are dying.
[31:44.220 --> 31:45.620]  I'm not a conspiracy theorist.
[31:45.620 --> 31:46.660]  I'm a structural engineer.
[31:46.660 --> 31:48.020]  I'm a New York City correction officer.
[31:48.020 --> 31:49.020]  I'm an Air Force pilot.
[31:49.020 --> 31:50.580]  I'm a father who lost his son.
[31:50.580 --> 31:52.820]  We're Americans, and we're not going to die.
[31:52.820 --> 31:53.820]  We're going to die.
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[31:56.420 --> 31:58.420]  We're Americans, and we deserve the truth.
[31:58.420 --> 32:00.980]  Go to RememberBuilding7.org today.
[32:00.980 --> 32:03.380]  Do you feel tired when talking about important topics
[32:03.380 --> 32:05.100]  like money and politics?
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[32:28.020 --> 32:29.700]  at risk of catching stupidity.
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[33:01.140 --> 33:07.340]  You're listening to the Logos Radio Network
[33:07.340 --> 33:08.620]  at logosradionetwork.com.
[33:14.780 --> 33:17.740]  Yeah, I got the warrant.
[33:17.740 --> 33:23.300]  And I'm going to solve them, to the head of government them,
[33:23.300 --> 33:25.580]  prosecute them.
[33:25.580 --> 33:26.080]  OK.
[33:29.180 --> 33:31.700]  All set.
[33:31.700 --> 33:35.180]  OK, this is Joe Esquivel, Randy Kelton, Deborah Stevens
[33:35.180 --> 33:37.820]  with the Rule of Law Radio in Diane.
[33:37.820 --> 33:41.780]  One of the things I wanted to give you was a case right here
[33:41.780 --> 33:46.220]  in Florida in regarding where it says that the party coming
[33:46.220 --> 33:48.380]  forth must have standing.
[33:48.380 --> 33:50.180]  So if you have a pen.
[33:50.180 --> 33:51.380]  I'm ready.
[33:51.380 --> 34:02.580]  OK, the case is number 4 Diaz and Dog, 12-2069.
[34:02.580 --> 34:05.140]  And it's out of the District Court of Appeal
[34:05.140 --> 34:09.580]  of the state of Florida, fourth district.
[34:09.580 --> 34:16.700]  And it's Jerome Saver and B. Saver versus JP Morgan Chase.
[34:16.700 --> 34:21.060]  And if you can't find it, I can send it to you.
[34:21.060 --> 34:25.820]  Just shoot a quick email, and we'll get it to you.
[34:25.820 --> 34:26.780]  OK.
[34:26.780 --> 34:29.020]  The biggest thing, as Steve was saying,
[34:29.020 --> 34:33.380]  the party coming forth with an action must have standing.
[34:33.380 --> 34:36.780]  And I agree wholeheartedly.
[34:36.780 --> 34:41.100]  They are going to assume and presume
[34:41.100 --> 34:42.940]  that you don't have the knowledge
[34:42.940 --> 34:44.260]  to question their ability.
[34:47.260 --> 34:54.340]  However, if one were to go to Hibernia Bank versus USA,
[34:54.340 --> 34:59.500]  it's stated that even though the banks claim that they follow
[34:59.500 --> 35:05.780]  standard operating procedure, if those procedures
[35:05.780 --> 35:10.540]  are in conflict with statutory requirements of law,
[35:10.540 --> 35:14.180]  they cannot operate on those procedures.
[35:14.180 --> 35:17.340]  They must abide by law.
[35:17.340 --> 35:21.580]  Statutory law overrules customs.
[35:21.580 --> 35:22.980]  OK.
[35:22.980 --> 35:24.980]  All right, does that help you?
[35:24.980 --> 35:25.420]  Sure.
[35:25.420 --> 35:28.740]  Now, if I can't find that case, what email should I send to?
[35:31.860 --> 35:35.180]  Actually, Randy, you want to give her your email?
[35:35.180 --> 35:41.420]  Yes, randy at ruleoflawradio.com.
[35:41.420 --> 35:41.940]  OK.
[35:41.940 --> 35:46.340]  And I'll talk to Deb, and we'll get you an email set up, Joe.
[35:46.340 --> 35:48.060]  All right.
[35:48.060 --> 35:51.420]  All right, thank you so much for this information.
[35:51.420 --> 35:53.940]  OK, good luck, Diane, and have fun.
[35:53.940 --> 35:56.140]  You know, the way I'd like to challenge subject matter
[35:56.140 --> 35:59.300]  jurisdiction is I'd really like to sue the judge.
[35:59.300 --> 36:02.060]  Oh, god, Randy, you're going to get a throne in jail.
[36:02.060 --> 36:07.100]  Well, the judge is impersonating a public official
[36:07.100 --> 36:12.060]  because the plaintiff lacks that standing
[36:12.060 --> 36:15.260]  to invoke the subject matter jurisdiction of the court.
[36:15.260 --> 36:18.060]  Therefore, the court is acting without subject matter
[36:18.060 --> 36:20.020]  jurisdiction.
[36:20.020 --> 36:24.660]  Now, we did this in a credit card case,
[36:24.660 --> 36:28.340]  and, oh, it was such a hoot.
[36:28.340 --> 36:32.900]  The judge got the county attorney to write his answer,
[36:32.900 --> 36:35.340]  so he sued the county attorney for misappropriation
[36:35.340 --> 36:37.220]  of public funds.
[36:37.220 --> 36:39.180]  We sued the judge in his personal capacity.
[36:39.180 --> 36:45.540]  But not suing the judge at this point absolutely
[36:45.540 --> 36:48.260]  countersue those guys.
[36:48.260 --> 36:52.540]  If I come in there and I try to foreclose on your property
[36:52.540 --> 36:56.460]  and I lie to the court, are you going to say, oh, gee whiz,
[36:56.460 --> 36:59.420]  let's make him stop?
[36:59.420 --> 37:00.780]  You're going to go down and get the police
[37:00.780 --> 37:03.780]  and ask them to throw my hiding in the clinker.
[37:03.780 --> 37:05.060]  Sure.
[37:05.060 --> 37:06.740]  So what's the difference in these lawyers?
[37:09.300 --> 37:11.700]  Fraud is fraud.
[37:11.700 --> 37:15.420]  And they are learned counsel.
[37:15.420 --> 37:18.500]  They are screwed.
[37:18.500 --> 37:20.380]  Screws VUS.
[37:20.380 --> 37:23.260]  Not in civil.
[37:23.260 --> 37:25.380]  Yes, screws is criminal.
[37:25.380 --> 37:28.140]  Screws, these are, they are.
[37:28.140 --> 37:29.340]  The principle is the same.
[37:29.340 --> 37:30.660]  The principle is the same.
[37:30.660 --> 37:33.700]  They are quasi-public officials.
[37:33.700 --> 37:35.900]  And when a quasi, when a public official
[37:35.900 --> 37:40.860]  violates the ruling of this court, if he be saying,
[37:40.860 --> 37:43.820]  he may not be heard to say he knows not what he does.
[37:43.820 --> 37:46.780]  So it can't be presumed these guys made
[37:46.780 --> 37:48.380]  this false claim by mistake.
[37:48.380 --> 37:51.460]  They are learned counsel.
[37:51.460 --> 37:55.740]  And they come before the court in a special position.
[37:55.740 --> 38:01.020]  They have a special duty to speak with candor to the court.
[38:01.020 --> 38:03.740]  So when they miss state law, when
[38:03.740 --> 38:07.260]  they take a position they're not allowed to take,
[38:07.260 --> 38:11.300]  it's inappropriate to presume that somehow this
[38:11.300 --> 38:13.900]  was not intentional.
[38:13.900 --> 38:17.420]  So then will we charge them with candor
[38:17.420 --> 38:21.100]  towards tribunal 3.2 of the ADA?
[38:21.100 --> 38:23.700]  Failure to speak with candor to the court,
[38:23.700 --> 38:26.700]  that is a bar grievance.
[38:26.700 --> 38:32.500]  And a bar grievance, I mean, a violation of the state bar
[38:32.500 --> 38:37.620]  standards does not create a cause of action.
[38:37.620 --> 38:41.740]  However, their actions created the cause of action.
[38:41.740 --> 38:44.140]  You can bar grieve them as well.
[38:44.140 --> 38:49.540]  So you already have the cause of action for fraud per se.
[38:49.540 --> 38:54.420]  And actually, that would go to a tort, a due process
[38:54.420 --> 38:54.980]  violation.
[38:54.980 --> 38:57.940]  Due process is harm on its face.
[38:57.940 --> 38:58.980]  It's harm per se.
[38:58.980 --> 39:00.980]  You don't have to show harm.
[39:00.980 --> 39:04.140]  They denied you due process by subjecting you
[39:04.140 --> 39:07.620]  to a malicious prosecution.
[39:07.620 --> 39:11.300]  But the best one to go after them for is fraud.
[39:11.300 --> 39:15.500]  And you should file criminally against them.
[39:15.500 --> 39:18.060]  Against the attorney and the plaintiff?
[39:18.060 --> 39:21.340]  Yeah, against the plaintiffs.
[39:21.340 --> 39:28.260]  In working with these issues, the most fun thing to do
[39:28.260 --> 39:31.620]  is to go after the plaintiff, or not the plaintiff,
[39:31.620 --> 39:35.580]  the plaintiff's alleged lawyer.
[39:35.580 --> 39:39.700]  The lawyers are the ones doing this crapola.
[39:39.700 --> 39:42.780]  And they wind up getting their clients sued.
[39:42.780 --> 39:46.220]  Heck with that, sue the lawyer.
[39:46.220 --> 39:49.620]  The first one we did this with was in Minnesota.
[39:49.620 --> 39:52.180]  Wells Fargo Bank was doing a foreclosure.
[39:52.180 --> 39:54.340]  And we sued the lawyer.
[39:54.340 --> 39:57.700]  And the lawyer came back with an answer that said,
[39:57.700 --> 40:00.820]  well, it appears from the pleading
[40:00.820 --> 40:06.020]  that the defendant has a claim against Wells Fargo.
[40:06.020 --> 40:07.540]  Not us.
[40:07.540 --> 40:12.060]  And we filed an answer that said, well, that's interesting.
[40:12.060 --> 40:15.460]  We didn't know we had a claim against Wells Fargo.
[40:15.460 --> 40:17.620]  We didn't know they did anything.
[40:17.620 --> 40:20.980]  But if Wells Fargo has done some rotten stuff to us,
[40:20.980 --> 40:22.380]  if you'll tell us what it is, we'll
[40:22.380 --> 40:23.700]  be glad to sue your client.
[40:26.340 --> 40:28.140]  So they threw their client under the bus.
[40:31.700 --> 40:33.780]  They were not happy being sued.
[40:33.780 --> 40:38.500]  Well, a malpractice suit is worse than a bar grievance.
[40:38.500 --> 40:40.580]  And you're sued against the lawyer
[40:40.580 --> 40:45.620]  for what they did in the process of prosecuting
[40:45.620 --> 40:50.020]  a case, that goes to malpractice.
[40:50.020 --> 40:52.420]  And their insurance covers them for that.
[40:52.420 --> 40:57.260]  And in Florida, the Florida State Bar
[40:57.260 --> 40:59.540]  indemnifies the lawyers.
[40:59.540 --> 41:02.060]  And they are not going to be happy when
[41:02.060 --> 41:07.020]  you sue that lawyer and want to dig into their play money.
[41:07.020 --> 41:14.940]  We talked about that yesterday, about how when a state bar
[41:14.940 --> 41:19.060]  indemnifies the lawyers, they keep this big money pool.
[41:19.060 --> 41:21.740]  And the lawyers have to contribute to it.
[41:21.740 --> 41:23.180]  And that's their play money.
[41:23.180 --> 41:25.900]  They get to use it to do stuff with.
[41:25.900 --> 41:27.900]  And you start digging into their play money,
[41:27.900 --> 41:32.660]  the bar is not going to be happy with you.
[41:32.660 --> 41:35.620]  So by all means, countersue.
[41:35.620 --> 41:38.140]  In your answer, in your response,
[41:38.140 --> 41:39.580]  if you've already filed an answer,
[41:39.580 --> 41:42.100]  then come back and file a counter complaint
[41:42.100 --> 41:43.500]  against these guys.
[41:43.500 --> 41:46.860]  Three times the amount of the original principal.
[41:46.860 --> 41:48.820]  Maintain that this is the amount they
[41:48.820 --> 41:51.900]  intended to defraud you of.
[41:51.900 --> 41:54.180]  And you ask for that amount, and then you
[41:54.180 --> 41:59.060]  ask for exemplary damages.
[41:59.060 --> 42:01.380]  That's triple.
[42:01.380 --> 42:04.460]  Keep in mind, you probably won't.
[42:04.460 --> 42:06.740]  There's a good chance that they'll come in
[42:06.740 --> 42:11.020]  and they'll whittle that number down.
[42:11.020 --> 42:14.260]  But in the end, they know and you
[42:14.260 --> 42:18.540]  know there's only one number the jury is going to remember.
[42:18.540 --> 42:20.420]  And that's the one you walked in the doorway.
[42:20.420 --> 42:23.380]  So you want to get it as high as you can without it
[42:23.380 --> 42:25.620]  being pie in the sky.
[42:25.620 --> 42:29.380]  So triple the amount of the original principal.
[42:29.380 --> 42:32.100]  That one has standing.
[42:32.100 --> 42:35.140]  And that will not make these guys happy.
[42:35.140 --> 42:36.420]  OK, great.
[42:36.420 --> 42:38.300]  OK, have fun, Diane.
[42:38.300 --> 42:38.980]  Thank you.
[42:38.980 --> 42:40.620]  Thank you.
[42:40.620 --> 42:45.220]  OK, we are going to John in Texas.
[42:45.220 --> 42:45.940]  Hello, John.
[42:45.940 --> 42:47.940]  What do you have for us today?
[42:47.940 --> 42:50.620]  Well, there's two things I want to ask you about.
[42:50.620 --> 42:54.460]  I went this afternoon to the Tarrant County Clerk's Office
[42:54.460 --> 42:55.980]  to file a document.
[42:55.980 --> 43:01.220]  It's an affidavit of fact slash notice of.
[43:01.220 --> 43:07.820]  I have a loan on my home I did with Bank of America.
[43:07.820 --> 43:12.180]  I received a notice last October that everything
[43:12.180 --> 43:15.380]  was being assigned, sale, transferred,
[43:15.380 --> 43:19.340]  and the servicing rights to resurgent mortgage servicing,
[43:19.340 --> 43:23.340]  a division of resurgent capital services.
[43:23.340 --> 43:29.220]  Well, anyway, long story short, eight months later,
[43:29.220 --> 43:34.860]  they call me and say, well, we made a mistake.
[43:34.860 --> 43:38.380]  We really didn't mean to do that.
[43:38.380 --> 43:40.220]  OK, hang on.
[43:40.220 --> 43:42.740]  We will pick this up on the other side.
[43:42.740 --> 43:46.100]  This is Randy Kelton, Debbie Stevens, Wheel of Law Radio.
[43:46.100 --> 43:49.260]  This is our four hour info marathon.
[43:49.260 --> 43:51.820]  We'll have the phones open all night.
[43:51.820 --> 43:56.220]  I'll call in number 512-646-1984.
[43:56.220 --> 43:57.300]  Give us a call.
[43:57.300 --> 44:00.100]  We'll be right back.
[44:00.100 --> 44:06.220]  Hello, my name is Stuart Smith from naturespureorganics.com.
[44:06.220 --> 44:09.660]  And I would like to invite you to come by our store at 1904
[44:09.660 --> 44:12.300]  Guadalupe Street Sweet D here in Austin, Texas.
[44:12.300 --> 44:14.140]  I'm Brave New Books and Chase Payne
[44:14.140 --> 44:16.300]  to see all our fantastic health and wellness products
[44:16.300 --> 44:18.100]  with your very own eyes.
[44:18.100 --> 44:20.020]  Have a look at our Miracle Healing Clay
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[44:22.500 --> 44:24.620]  Take a peek at some of our other wonderful products,
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[44:28.140 --> 44:30.220]  soaps, and colloidal silver and gold.
[44:30.220 --> 44:37.340]  Call 512-264-4043 or find us online at naturespureorganics.com.
[44:37.340 --> 44:43.020]  That's 512-264-4043, naturespureorganics.com.
[44:43.020 --> 44:45.140]  Don't forget to like us on Facebook for information
[44:45.140 --> 44:48.940]  on events and our products, naturespureorganics.com.
[44:48.940 --> 45:04.260]  Are you the plaintiff or defendant in a lawsuit?
[45:04.260 --> 45:07.620]  Win your case without an attorney with Juris Dictionary,
[45:07.620 --> 45:11.220]  the affordable, easy to understand, 4-CD course
[45:11.220 --> 45:15.660]  that will show you how in 24 hours, step by step.
[45:15.660 --> 45:19.340]  If you have a lawyer, know what your lawyer should be doing.
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[45:21.260 --> 45:23.220]  you should do for yourself.
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[45:26.180 --> 45:28.100]  and now you can too.
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[45:36.780 --> 45:39.140]  can learn what everyone should understand
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[45:56.540 --> 45:58.420]  Or call toll free, 866-LAW-EZ.
[45:58.420 --> 46:14.860]  666-LAW-EZ.
[46:14.860 --> 46:20.340]  Whoa, whoa.
[46:20.340 --> 46:24.700]  Whoa, yeah.
[46:24.700 --> 46:30.340]  Always, I must be careful what I'm wishing for.
[46:30.340 --> 46:32.660]  When I'm hungry, I like to work.
[46:32.660 --> 46:34.300]  OK, we are back.
[46:34.300 --> 46:37.940]  Randy Kelton, Deborah Stevens, E-law Radio.
[46:37.940 --> 46:44.060]  And John, have you listened to this show very often?
[46:44.060 --> 46:45.740]  Yes.
[46:45.740 --> 46:50.100]  Good, then you should by now be getting the idea
[46:50.100 --> 46:54.580]  that this company is merely a servicer.
[46:54.580 --> 46:56.420]  They didn't really buy your note.
[46:56.420 --> 46:58.740]  They're actually a debt collector
[46:58.740 --> 47:03.940]  of a sort for the alleged holder of the note, whoever the heck
[47:03.940 --> 47:06.540]  that is.
[47:06.540 --> 47:10.260]  So what is your question concerning this servicing?
[47:10.260 --> 47:12.780]  I went down there this afternoon to file this document.
[47:12.780 --> 47:14.540]  All it is just an affidavit of fact.
[47:14.540 --> 47:17.300]  I noticed the same thing that I received.
[47:17.300 --> 47:21.860]  In the deed records, this has not been filed.
[47:21.860 --> 47:23.860]  Well, I gave that to the lady.
[47:23.860 --> 47:25.340]  It's like $32.
[47:25.340 --> 47:28.740]  And then she said, I can't file that because that's
[47:28.740 --> 47:32.020]  an instrument that we don't know anything about.
[47:32.020 --> 47:39.980]  OK, go to Texas probate code 489.
[47:39.980 --> 47:42.660]  That goes to power of attorney.
[47:42.660 --> 47:48.980]  But in that code, it stipulates all of the documents
[47:48.980 --> 47:55.580]  that the county record was designed to record.
[47:55.580 --> 47:59.500]  It lists them, a warranty deed, deed of trust,
[47:59.500 --> 48:05.340]  assignment, appointments, oil and gas leases.
[48:05.340 --> 48:08.700]  There's a whole list of what this refers to.
[48:08.700 --> 48:14.900]  This does it in terms of who can file documents in the record.
[48:14.900 --> 48:18.100]  And it goes to having to have evidence
[48:18.100 --> 48:20.860]  to the power of attorney to file these documents.
[48:20.860 --> 48:26.620]  And it lists all the documents that the registrar's office
[48:26.620 --> 48:31.100]  was set up to make public.
[48:31.100 --> 48:32.940]  Now, this is not constitutional.
[48:32.940 --> 48:34.980]  This is statutory.
[48:34.980 --> 48:38.660]  The legislature created the registrar's office
[48:38.660 --> 48:44.020]  for the purpose of filing documents relating
[48:44.020 --> 48:48.540]  to claims against real property.
[48:48.540 --> 48:54.260]  And they defined what documents this was set up to hold.
[48:54.260 --> 48:57.060]  We had a lot of guys in legal reform.
[48:57.060 --> 48:58.820]  Because this is public record, they just
[48:58.820 --> 49:01.980]  wanted to file anything in there they wanted to.
[49:01.980 --> 49:06.220]  And the clerk is saying, these aren't documents
[49:06.220 --> 49:08.380]  we can file in the record.
[49:08.380 --> 49:13.100]  Now, we've had people go down with documents
[49:13.100 --> 49:17.380]  that were of the right type and they complained about.
[49:17.380 --> 49:22.860]  Now, it is my position that it makes no difference
[49:22.860 --> 49:30.660]  what the document is, because the county clerk has
[49:30.660 --> 49:37.420]  no statutory power to make a determination, period.
[49:37.420 --> 49:40.580]  You give it to the clerk, she's to file it.
[49:40.580 --> 49:44.220]  Now, if she has reason to believe that the document is
[49:44.220 --> 49:48.420]  in any way improper, under 51903,
[49:48.420 --> 49:51.540]  she's got two days to notify the district judge.
[49:51.540 --> 49:54.180]  And the district judge can convene a hearing
[49:54.180 --> 49:58.340]  based on this notification to make a declaratory
[49:58.340 --> 50:02.340]  judgment concerning the validity of the document.
[50:02.340 --> 50:04.460]  And the district judge can declare
[50:04.460 --> 50:07.260]  that the document is void and of no force and effect
[50:07.260 --> 50:10.060]  if it doesn't meet the filing requirements.
[50:10.060 --> 50:13.500]  That is the remedy.
[50:13.500 --> 50:17.540]  The clerk refusing to take the filing is not the remedy.
[50:20.500 --> 50:24.740]  So you can go after the clerk, but if the clerk does
[50:24.740 --> 50:30.140]  follow law, they'll most likely toss your affidavit.
[50:30.140 --> 50:37.620]  Unless the affidavit is attached to a document that
[50:37.620 --> 50:39.260]  is authorized to be filed.
[50:39.260 --> 50:43.220]  Now, what is the purpose of the affidavit?
[50:43.220 --> 50:46.380]  Well, the purpose is I want to be upfront with you.
[50:46.380 --> 50:49.180]  I want to cloud the title.
[50:49.180 --> 50:50.900]  They sent that instrument to me.
[50:50.900 --> 50:52.620]  OK, hold on.
[50:52.620 --> 50:55.540]  Affidavit will not cloud the title.
[50:55.540 --> 51:00.380]  A claim against the property will cloud the title.
[51:00.380 --> 51:03.460]  So how can you state this in terms
[51:03.460 --> 51:04.980]  of a claim against the property?
[51:04.980 --> 51:10.860]  One thing you could consider, if it is the assignment
[51:10.860 --> 51:19.940]  of the company as servicer, you could file a document
[51:19.940 --> 51:24.340]  declaring that the assignment is invalid.
[51:24.340 --> 51:27.780]  Or you could petition for declaratory judgment
[51:27.780 --> 51:30.260]  and ask the court to rule that the assignment is invalid
[51:30.260 --> 51:32.340]  if that's what you think the issue is.
[51:32.340 --> 51:34.620]  But it's not an assignment.
[51:34.620 --> 51:37.540]  It's a letter concerning transferring of servicing
[51:37.540 --> 51:38.500]  rights.
[51:38.500 --> 51:43.340]  OK, the assignment of a document.
[51:43.340 --> 51:48.140]  Transfer of servicing rights is what the letter is stating.
[51:48.140 --> 51:52.820]  And they do that all the time, John.
[51:52.820 --> 51:56.980]  So what you're doing is disputing
[51:56.980 --> 51:59.140]  that they're able to transfer the servicing rights.
[51:59.140 --> 52:03.580]  And you can dispute that, right?
[52:03.580 --> 52:04.860]  But you would dispute it.
[52:04.860 --> 52:06.940]  What rights were they transferring?
[52:06.940 --> 52:10.060]  How were they transferring them?
[52:10.060 --> 52:12.180]  And there's no requirement for them
[52:12.180 --> 52:15.220]  to file the transfer of servicing rights
[52:15.220 --> 52:16.100]  in the public record.
[52:16.100 --> 52:19.420]  They're giving you notice is what they're doing.
[52:19.420 --> 52:20.220]  Yes, there is.
[52:20.220 --> 52:22.980]  So we would say to them, if the Supreme Court requires it.
[52:22.980 --> 52:25.340]  Eight months later, they said, we didn't really
[52:25.340 --> 52:27.740]  mean to do that.
[52:27.740 --> 52:29.620]  What exactly did they say eight months later?
[52:29.620 --> 52:32.900]  Because what's happened is that, for a while,
[52:32.900 --> 52:36.140]  Bank of America did file transfer of servicing rights.
[52:36.140 --> 52:39.380]  And then they filed notice of rescission
[52:39.380 --> 52:43.420]  of giving notice of transfer of servicing rights.
[52:43.420 --> 52:50.140]  So can you remember the verbiage contained within the letter?
[52:50.140 --> 52:53.140]  Yeah.
[52:53.140 --> 52:55.940]  We are writing to inform you that your mortgage loan noted
[52:55.940 --> 52:59.260]  above with Bank of America has been transferred
[52:59.260 --> 53:03.340]  to resurgent mortgage servicing.
[53:03.340 --> 53:04.500]  OK, hold on, hold on.
[53:04.500 --> 53:06.420]  Not that letter.
[53:06.420 --> 53:10.060]  The one saying they goofed.
[53:10.060 --> 53:12.660]  Oh, they called me on the telephone.
[53:12.660 --> 53:13.260]  Oh, OK.
[53:13.260 --> 53:19.220]  Did they file a notice of rescission in the record?
[53:19.220 --> 53:20.860]  No.
[53:20.860 --> 53:29.540]  OK, then this resurgent is still the servicer of record?
[53:29.540 --> 53:33.380]  No, the resurgent never was of record.
[53:33.380 --> 53:34.860]  They just sent me the letter.
[53:34.860 --> 53:36.340]  Then eight months later, they called me
[53:36.340 --> 53:38.260]  and said, we really didn't mean to do that.
[53:38.260 --> 53:43.060]  OK, then did you send resurgent any money?
[53:43.060 --> 53:44.620]  No.
[53:44.620 --> 53:48.460]  OK, then no harm, no foul.
[53:48.460 --> 53:52.580]  So Bank of America NA is still your servicer, correct?
[53:52.580 --> 53:53.740]  Yes.
[53:53.740 --> 53:55.140]  OK.
[53:55.140 --> 53:56.460]  Yeah, no harm, no foul.
[53:56.460 --> 53:59.260]  OK, maybe they shouldn't have done that.
[53:59.260 --> 54:01.620]  Maybe they shouldn't have made that mistake.
[54:01.620 --> 54:08.500]  But the only way you can raise the issue
[54:08.500 --> 54:11.340]  is by claiming some harm.
[54:11.340 --> 54:15.180]  And if this didn't affect your payments,
[54:15.180 --> 54:17.300]  it didn't affect who you paid.
[54:17.300 --> 54:25.740]  And if your payments were still attributed to your note,
[54:25.740 --> 54:28.420]  then there's no harm.
[54:28.420 --> 54:31.300]  Only annoyance, and annoyance don't count.
[54:31.300 --> 54:38.380]  OK, but from the county clerk refusing to record that,
[54:38.380 --> 54:40.420]  did I just blow it off?
[54:40.420 --> 54:43.420]  No, that's another issue.
[54:43.420 --> 54:48.620]  And this is just for a matter of point of law.
[54:48.620 --> 54:53.020]  Where did the county clerk get authority
[54:53.020 --> 54:56.660]  to refuse to file a document in the record?
[54:56.660 --> 54:59.300]  Well, the letter that they gave me back,
[54:59.300 --> 55:01.620]  they said they were going to have their legal advisor
[55:01.620 --> 55:05.700]  look at it, because it's a document that we didn't.
[55:05.700 --> 55:08.660]  OK, you didn't answer my question.
[55:08.660 --> 55:12.820]  You have to answer this question to yourself first.
[55:12.820 --> 55:15.740]  A public official, unlike a private citizen,
[55:15.740 --> 55:19.620]  private citizen do anything he wants to,
[55:19.620 --> 55:23.020]  unless the law specifically forbids
[55:23.020 --> 55:25.460]  him to do a certain thing.
[55:25.460 --> 55:30.260]  A public official is in the opposite position.
[55:30.260 --> 55:34.860]  They may only do what they are specifically
[55:34.860 --> 55:37.180]  authorized to do.
[55:37.180 --> 55:42.940]  So ask the clerk, where is your specific statutory
[55:42.940 --> 55:46.460]  authorization to refuse to perform
[55:46.460 --> 55:50.500]  your duty of filing documents in the record?
[55:50.500 --> 55:52.180]  OK.
[55:52.180 --> 55:55.340]  I'll tell you where it's at.
[55:55.340 --> 55:57.900]  Nowhere does it exist.
[56:00.820 --> 56:05.340]  County clerks are not intended to have that authority.
[56:05.340 --> 56:08.500]  When I was in Pennsylvania doing the seminar up there,
[56:08.500 --> 56:10.060]  somebody asked me, what can you do
[56:10.060 --> 56:14.780]  to the clerk for filing these documents in the record?
[56:14.780 --> 56:16.740]  I told him nothing.
[56:16.740 --> 56:19.180]  Oh, they're doing this, and they're doing that.
[56:19.180 --> 56:24.100]  I said, look, Bubba, you need to be careful what you ask for.
[56:24.100 --> 56:27.140]  I don't want that clerk having anything
[56:27.140 --> 56:30.940]  to say about what I file in the record.
[56:30.940 --> 56:33.460]  I give it to her, she files it.
[56:33.460 --> 56:36.020]  Now, if she thinks there's something wrong with it,
[56:36.020 --> 56:38.420]  she can go to the courts and ask the courts
[56:38.420 --> 56:41.300]  to make a determination.
[56:41.300 --> 56:44.580]  But she's not to make that determination.
[56:44.580 --> 56:47.180]  And we have them trying to make the determination here,
[56:47.180 --> 56:51.020]  and I suggest you prepare criminal complaints against them.
[56:51.020 --> 56:54.180]  I see 817, you in Tarrant County?
[56:54.180 --> 56:55.740]  Yes.
[56:55.740 --> 56:57.860]  We need to hammer that one anyway.
[56:57.860 --> 57:02.020]  I will be down there soon to hammer
[57:02.020 --> 57:03.940]  the specific purpose of hammering
[57:03.940 --> 57:06.460]  the district attorney, I mean, county clerk.
[57:06.460 --> 57:09.700]  I'm going to go down there with documents to file,
[57:09.700 --> 57:11.620]  and they're going to say they're going to give them
[57:11.620 --> 57:17.420]  to their legal counsel, and I'm going to call 911.
[57:17.420 --> 57:20.140]  While your lawyer is looking that over,
[57:20.140 --> 57:22.940]  I want you arrested.
[57:22.940 --> 57:25.980]  And you can explain your behavior to a grand jury.
[57:28.620 --> 57:29.900]  OK.
[57:29.900 --> 57:33.260]  This is our job.
[57:33.260 --> 57:36.100]  Never try to get somebody arrested out of anger
[57:36.100 --> 57:38.380]  or avarice.
[57:38.380 --> 57:40.940]  OK, the second thing I want to ask him
[57:40.940 --> 57:42.580]  is about fraud on the court.
[57:45.500 --> 57:49.140]  I had an affidavit that was filed in a summary judgment
[57:49.140 --> 57:52.900]  against me, and the attorney, this
[57:52.900 --> 57:56.180]  is not the fix to go to break.
[57:56.180 --> 57:59.420]  No, we got one minute.
[57:59.420 --> 58:00.780]  Keep going.
[58:00.780 --> 58:02.540]  This is not the attorney on the other side,
[58:02.540 --> 58:05.660]  but the attorney that did the wheel.
[58:05.660 --> 58:08.220]  And it was based upon a forgery.
[58:08.220 --> 58:10.580]  I've got that information.
[58:10.580 --> 58:13.500]  Well, OK, that's a little too complex
[58:13.500 --> 58:15.220]  and a little too cryptic at this point.
[58:15.220 --> 58:16.900]  We're going to run out of time before we
[58:16.900 --> 58:17.740]  can get to all of that.
[58:17.740 --> 58:19.220]  So we will pick this back up when
[58:19.220 --> 58:21.500]  we come back on the other side.
[58:21.500 --> 58:25.460]  We're going to need a little referential index,
[58:25.460 --> 58:27.100]  and I'll explain that when we come back.
[58:27.100 --> 58:30.980]  This is Brady Kelton, Devin Stevens, Joe Esquivel.
[58:30.980 --> 58:33.020]  We're going to our top of the hour break,
[58:33.020 --> 58:35.580]  so it'll be two or three minutes.
[58:35.580 --> 58:37.460]  But give us a call.
[58:37.460 --> 58:39.460]  Our calls tend to build up toward the end.
[58:39.460 --> 58:44.300]  Our call in number 512-646-1984.
[58:44.300 --> 58:45.540]  We'll be right back.
[58:50.300 --> 58:52.780]  Would you like to make more definite progress
[58:52.780 --> 58:54.100]  in your walk with God?
[58:54.100 --> 58:57.580]  Bibles for America is offering a free study Bible
[58:57.580 --> 59:01.020]  and a set of free Christian books that can really help.
[59:01.020 --> 59:02.700]  The New Testament Recovery Version
[59:02.700 --> 59:06.220]  is one of the most comprehensive study Bibles available today.
[59:06.220 --> 59:08.060]  It's an accurate translation, and it
[59:08.060 --> 59:09.980]  contains thousands of footnotes that
[59:09.980 --> 59:13.500]  will help you to know God and to know the meaning of life.
[59:13.500 --> 59:15.660]  The free books are a three-volume set
[59:15.660 --> 59:18.460]  called Basic Elements of the Christian Life.
[59:18.460 --> 59:21.460]  Chapter by chapter, Basic Elements of the Christian Life
[59:21.460 --> 59:24.340]  clearly presents God's plan of salvation,
[59:24.340 --> 59:27.980]  growing in Christ, and how to build up the Church.
[59:27.980 --> 59:30.900]  To order your free New Testament Recovery Version
[59:30.900 --> 59:33.940]  and Basic Elements of the Christian Life,
[59:33.940 --> 59:40.620]  call Bibles for America toll free at 888-551-0102.
[59:40.620 --> 59:45.180]  That's 888-551-0102.
[59:45.180 --> 59:51.460]  Or visit us online at BFA.org.
[59:51.460 --> 59:55.220]  Live free speech radio, LogosRadioNetwork.com.
[01:00:03.220 --> 01:00:05.980]  You're listening to the Liberty Beat,
[01:00:05.980 --> 01:00:10.380]  your daily source for Liberty news and activist updates,
[01:00:10.380 --> 01:00:15.460]  online at TheLibertyBeat.com.
[01:00:15.460 --> 01:00:18.860]  John Bush here with your Liberty Beat for Friday, September 13,
[01:00:18.860 --> 01:00:20.100]  2013.
[01:00:20.100 --> 01:00:25.660]  Gold open today at $1,317, silver at $21.86,
[01:00:25.660 --> 01:00:30.340]  and Bitcoin is trading at $119.86.
[01:00:30.340 --> 01:00:33.260]  Support from the Liberty Beat comes from Sons of Liberty Mint,
[01:00:33.260 --> 01:00:35.900]  specializing in visible and invisible silver,
[01:00:35.900 --> 01:00:38.420]  and known for their exceptional customer service.
[01:00:38.420 --> 01:00:41.180]  Online at SonsofLibertyMint.com.
[01:00:41.180 --> 01:00:44.740]  That's S-U-N-S of LibertyMint.com.
[01:00:44.740 --> 01:00:47.620]  And from Central Texas Gunworks, CHL courses,
[01:00:47.620 --> 01:00:50.180]  self-defense training, and firearm sales.
[01:00:50.180 --> 01:00:53.220]  Online at CentralTexasGunworks.com.
[01:00:53.220 --> 01:00:54.700]  And now the news.
[01:00:54.700 --> 01:00:57.340]  For more than a month, the Central Intelligence Agency
[01:00:57.340 --> 01:01:00.580]  has been delivering light machine guns and small arms
[01:01:00.580 --> 01:01:02.660]  to the al-Qaeda-linked Syrian rebels,
[01:01:02.660 --> 01:01:04.500]  according to anonymous sources speaking
[01:01:04.500 --> 01:01:06.820]  with the Associated Press, the Washington Post,
[01:01:06.820 --> 01:01:08.340]  and the Wall Street Journal.
[01:01:08.340 --> 01:01:10.780]  The rebels have also received anti-tank weapons,
[01:01:10.780 --> 01:01:12.940]  such as rocket-propelled grenades.
[01:01:12.940 --> 01:01:15.260]  The top rebel commander denied receiving the aid,
[01:01:15.260 --> 01:01:18.020]  and the CIA declined to comment on the situation.
[01:01:21.580 --> 01:01:23.940]  On September 11, 2013, a coalition
[01:01:23.940 --> 01:01:25.860]  of more than 40 different organizations
[01:01:25.860 --> 01:01:28.660]  came together to host a speaking event in the heart of Times
[01:01:28.660 --> 01:01:31.260]  Square underneath a newly erected billboard that
[01:01:31.260 --> 01:01:35.460]  asked the question, did you know a third tower fell on 9-11?
[01:01:35.460 --> 01:01:38.620]  The event was part of ongoing efforts by the Rethink 9-11
[01:01:38.620 --> 01:01:41.540]  campaign, which has been organized by a number of groups,
[01:01:41.540 --> 01:01:44.540]  including the architects and engineers for 9-11 Truth.
[01:01:44.540 --> 01:01:46.580]  Former Congresswoman Cynthia McKinney
[01:01:46.580 --> 01:01:48.500]  spoke at the event, detailing her role
[01:01:48.500 --> 01:01:50.460]  in questioning the investigation of the event
[01:01:50.460 --> 01:01:52.740]  from the beginning, specifically challenging then
[01:01:52.740 --> 01:01:54.780]  Secretary of Defense Donald Rumsfeld
[01:01:54.780 --> 01:01:57.540]  on his knowledge of financial aspects of the attacks
[01:01:57.540 --> 01:01:58.460]  on that day.
[01:01:58.460 --> 01:02:00.380]  The Rethink 9-11 campaign recently
[01:02:00.380 --> 01:02:03.340]  released a poll showing that 12 years after the events,
[01:02:03.340 --> 01:02:06.420]  a majority of Americans do not believe the official account
[01:02:06.420 --> 01:02:09.580]  of what happened that day and support a new investigation.
[01:02:09.580 --> 01:02:12.020]  For more information or to support their efforts,
[01:02:12.020 --> 01:02:14.260]  visit Rethink911.org.
[01:02:19.460 --> 01:02:22.100]  The Egyptian presidency, with the backing of the military,
[01:02:22.100 --> 01:02:24.700]  announced a two-month extension of a state of emergency
[01:02:24.700 --> 01:02:25.460]  on Thursday.
[01:02:25.460 --> 01:02:27.120]  Violence has spread throughout the country
[01:02:27.120 --> 01:02:29.700]  in the wake of the military overthrow of President Muhammad
[01:02:29.700 --> 01:02:31.500]  Morsi on July 3.
[01:02:31.500 --> 01:02:34.020]  The military-backed government believes the Muslim Brotherhood
[01:02:34.020 --> 01:02:36.260]  is inciting violence throughout the nation.
[01:02:36.260 --> 01:02:39.460]  The military has responded by smashing opposition protests
[01:02:39.460 --> 01:02:41.020]  and killing hundreds of suspected
[01:02:41.020 --> 01:02:42.860]  members of the Brotherhood.
[01:02:42.860 --> 01:02:45.580]  Support for the Liberty Beat comes from Carmacazi Productions,
[01:02:45.580 --> 01:02:47.020]  the production house bringing you
[01:02:47.020 --> 01:02:48.900]  sovereign living to show, specializing
[01:02:48.900 --> 01:02:51.740]  in high-quality audio recording and video production
[01:02:51.740 --> 01:02:55.180]  for the Liberty Movement, online at carmacazi.tv,
[01:02:55.180 --> 01:02:58.340]  and from Cabo Bob's, the first high-fructose corn syrup-free
[01:02:58.340 --> 01:03:01.820]  quick-serve restaurant in the country.
[01:03:01.820 --> 01:03:28.780]  It's all according to the will of the Almighty.
[01:03:28.780 --> 01:03:50.860]  OK, we are back, Randy Felton, Joe Escobel, Rue Blah Radio,
[01:03:50.860 --> 01:03:53.940]  and we're talking to John in Texas.
[01:03:53.940 --> 01:03:56.860]  OK, John, you want to kind of start that over again
[01:03:56.860 --> 01:04:00.340]  and kind of give us an idea of what this case is about.
[01:04:00.340 --> 01:04:03.540]  Yeah, I have a summary judgment.
[01:04:03.540 --> 01:04:06.540]  Went all the way to the Texas Supreme Court,
[01:04:06.540 --> 01:04:09.100]  and it involved a will.
[01:04:09.100 --> 01:04:11.820]  And long story short, the attorney,
[01:04:11.820 --> 01:04:13.220]  not the attorney on the other side,
[01:04:13.220 --> 01:04:15.780]  but the attorney that drew up the will,
[01:04:15.780 --> 01:04:20.180]  he made some false statements on the affidavit.
[01:04:20.180 --> 01:04:24.220]  And if I'm on their opinion, it's a void judgment.
[01:04:24.220 --> 01:04:26.700]  Well, I've been doing some research on these void
[01:04:26.700 --> 01:04:28.180]  judgments.
[01:04:28.180 --> 01:04:31.260]  And it's like it's no jurisdiction, no authority,
[01:04:31.260 --> 01:04:35.020]  no deep process, no judicata, no latches.
[01:04:35.020 --> 01:04:36.780]  It's not even appealable.
[01:04:36.780 --> 01:04:41.940]  It's a clear cut that he lied on the affidavit.
[01:04:41.940 --> 01:04:44.940]  And I want to go after and put aside,
[01:04:44.940 --> 01:04:47.300]  because there's a lot of money in land.
[01:04:47.300 --> 01:04:49.500]  I got the right guy.
[01:04:49.500 --> 01:04:55.980]  If you will send me an email, I will send it to Jeff Sedgwick.
[01:04:55.980 --> 01:04:58.100]  Or you can look on the internet and do
[01:04:58.100 --> 01:05:00.340]  a search for void judgments.
[01:05:00.340 --> 01:05:04.940]  That's his website is Void Judgments.
[01:05:04.940 --> 01:05:06.940]  OK, what does it mean?
[01:05:06.940 --> 01:05:10.220]  He knows more about that than about anybody I know.
[01:05:10.220 --> 01:05:14.100]  If you'll send me an email, I will forward it to him.
[01:05:14.100 --> 01:05:15.220]  OK, I will do that.
[01:05:15.220 --> 01:05:17.500]  OK, I want to take one more minute.
[01:05:17.500 --> 01:05:22.020]  I emailed you a document that's about 68 or 70 pages.
[01:05:22.020 --> 01:05:26.380]  It's about filing fraudulent documents in the state of Texas.
[01:05:26.380 --> 01:05:30.220]  It's the same one that's given to all of the county clerks.
[01:05:30.220 --> 01:05:31.100]  I sent it to you.
[01:05:31.100 --> 01:05:34.020]  51.901, 51.903 is the limit.
[01:05:34.020 --> 01:05:36.900]  No, no, no, this is something else.
[01:05:36.900 --> 01:05:39.140]  70 pages?
[01:05:39.140 --> 01:05:40.620]  Yeah, it's what?
[01:05:40.620 --> 01:05:43.140]  How long ago?
[01:05:43.140 --> 01:05:45.180]  About three, maybe four weeks ago.
[01:05:45.180 --> 01:05:47.580]  I sent it to you PDF form.
[01:05:47.580 --> 01:05:50.540]  Yeah, I kind of remember that, but I haven't
[01:05:50.540 --> 01:05:53.140]  had time to get through it.
[01:05:53.140 --> 01:05:56.100]  It's the same ones that the county clerks,
[01:05:56.100 --> 01:05:57.540]  every other year they're required
[01:05:57.540 --> 01:06:00.620]  to go through a little refresher course or something.
[01:06:00.620 --> 01:06:05.380]  One way, there's a Dallas attorney wrote this,
[01:06:05.380 --> 01:06:10.420]  and I got a copy of it from the University of Texas law thing,
[01:06:10.420 --> 01:06:11.060]  I think it was.
[01:06:11.060 --> 01:06:13.180]  But anyway, I sent it to you.
[01:06:13.180 --> 01:06:16.140]  So if you didn't get it, I'll take it back.
[01:06:16.140 --> 01:06:18.060]  I think I got it.
[01:06:18.060 --> 01:06:19.500]  Would you send it again?
[01:06:19.500 --> 01:06:23.060]  I get about 50 to 100 emails a day,
[01:06:23.060 --> 01:06:26.060]  and they get buried really fast.
[01:06:26.060 --> 01:06:29.500]  OK, how can I flag it so you can get it?
[01:06:29.500 --> 01:06:35.260]  Put the subject matter, the subject line in all caps.
[01:06:35.260 --> 01:06:37.540]  OK, I'll do that.
[01:06:37.540 --> 01:06:38.660]  I tell people to do that.
[01:06:38.660 --> 01:06:42.460]  If I see one in all caps, I always pay attention to it.
[01:06:42.460 --> 01:06:44.020]  OK, I'll do that.
[01:06:44.020 --> 01:06:45.220]  OK, I'll take the phone.
[01:06:45.220 --> 01:06:46.700]  Yeah, I would like to see that.
[01:06:46.700 --> 01:06:47.460]  Thank you, John.
[01:06:47.460 --> 01:06:49.460]  OK, thanks.
[01:06:49.460 --> 01:06:53.220]  OK, we're going to go to Roxanne in Texas.
[01:06:53.220 --> 01:06:54.500]  Hello, Roxanne.
[01:06:54.500 --> 01:06:56.420]  Hello, how are you?
[01:06:56.420 --> 01:06:57.580]  I am wonderful.
[01:06:57.580 --> 01:06:59.860]  I don't care what everybody says.
[01:06:59.860 --> 01:07:00.420]  That's good.
[01:07:00.420 --> 01:07:03.980]  I wish I could say that right now.
[01:07:03.980 --> 01:07:05.660]  What is your issue?
[01:07:05.660 --> 01:07:09.060]  My daughter got arrested last night.
[01:07:09.060 --> 01:07:12.220]  She drove for me because I had just gotten out of the hospital,
[01:07:12.220 --> 01:07:16.500]  and I couldn't drive because I fell at a grocery store,
[01:07:16.500 --> 01:07:18.820]  and I messed up my shoulder and my arm.
[01:07:18.820 --> 01:07:21.300]  And anyways, the officer pulled us over.
[01:07:21.300 --> 01:07:24.460]  She had a suspended license.
[01:07:24.460 --> 01:07:26.580]  She told them right then and then what was going on.
[01:07:26.580 --> 01:07:28.460]  To make a long story short, they took her in.
[01:07:28.460 --> 01:07:30.860]  He told me that she would get out at five.
[01:07:30.860 --> 01:07:34.180]  She's 36 weeks pregnant, and she's
[01:07:34.180 --> 01:07:36.140]  supposed to have gone to see a hematologist
[01:07:36.140 --> 01:07:40.060]  because she's losing her arm, and they
[01:07:40.060 --> 01:07:42.460]  could put the baby at risk.
[01:07:42.460 --> 01:07:44.900]  So she didn't get to go to her appointment
[01:07:44.900 --> 01:07:47.220]  because he said she would get out at five in the morning,
[01:07:47.220 --> 01:07:48.380]  and she didn't.
[01:07:48.380 --> 01:07:51.100]  And they're telling us that she can't get out right now
[01:07:51.100 --> 01:07:54.540]  because she has a $3,500 bond.
[01:07:54.540 --> 01:07:56.140]  Anyways, we've been calling around,
[01:07:56.140 --> 01:07:58.460]  and her boyfriend found a lawyer.
[01:07:58.460 --> 01:08:02.740]  And he said if we give him $500, he guaranteed to get her out.
[01:08:02.740 --> 01:08:04.980]  And then we called back an hour later,
[01:08:04.980 --> 01:08:06.460]  and then he started changing it.
[01:08:06.460 --> 01:08:08.180]  He said, well, there's not a guarantee,
[01:08:08.180 --> 01:08:10.300]  but we could try to plea.
[01:08:10.300 --> 01:08:14.460]  And if we don't get her out, the $500 would go towards him,
[01:08:14.460 --> 01:08:16.820]  and then we would have to come up with the $400
[01:08:16.820 --> 01:08:18.380]  for when she goes to court.
[01:08:18.380 --> 01:08:19.860]  And I didn't feel comfortable about it,
[01:08:19.860 --> 01:08:22.380]  but at this point, I wanted to hurry up and get her out.
[01:08:22.380 --> 01:08:28.740]  OK, listen, $500 and $400, as lawyers go,
[01:08:28.740 --> 01:08:30.700]  that's really a small amount.
[01:08:30.700 --> 01:08:33.220]  Right.
[01:08:33.220 --> 01:08:36.420]  He's not wanting $2,000, $3,000, $4,000.
[01:08:36.420 --> 01:08:38.220]  Right.
[01:08:38.220 --> 01:08:39.980]  And I understand all of that.
[01:08:39.980 --> 01:08:41.980]  I get all that, that money is money,
[01:08:41.980 --> 01:08:43.820]  and you got to do what you got to do.
[01:08:43.820 --> 01:08:45.580]  Well, I went to the ATM machine.
[01:08:45.580 --> 01:08:47.980]  We were on our way there to meet him at the courthouse.
[01:08:47.980 --> 01:08:50.980]  And it so happened that the bank was having problems
[01:08:50.980 --> 01:08:51.820]  with their system.
[01:08:51.820 --> 01:08:53.820]  And they said, can you try back an hour?
[01:08:53.820 --> 01:08:55.460]  And they could transfer the money,
[01:08:55.460 --> 01:08:56.860]  because I just got paid.
[01:08:56.860 --> 01:08:57.980]  And I said, OK.
[01:08:57.980 --> 01:09:01.220]  And so we went to go talk to him to see if he could give us.
[01:09:01.220 --> 01:09:02.900]  OK, wait a minute, wait a minute.
[01:09:02.900 --> 01:09:05.620]  Let's not go through all of the details.
[01:09:05.620 --> 01:09:07.420]  What is the end result?
[01:09:07.420 --> 01:09:11.140]  OK, if it's a $3,500 bond, you could most likely
[01:09:11.140 --> 01:09:16.460]  get her out from between $350 to $500 from a bondsman.
[01:09:16.460 --> 01:09:17.740]  Have you talked to any bondsmen?
[01:09:17.740 --> 01:09:23.340]  Bondsmen, everyone I've talked to has told me $1,300, $1,800.
[01:09:23.340 --> 01:09:25.260]  That's outrageous.
[01:09:25.260 --> 01:09:27.660]  20% is generally the maximum.
[01:09:27.660 --> 01:09:29.500]  And that would only be $700.
[01:09:29.500 --> 01:09:31.660]  And they said the reason is because of the bond
[01:09:31.660 --> 01:09:33.660]  forfeit she has on her.
[01:09:33.660 --> 01:09:35.380]  Oh, that's different.
[01:09:35.380 --> 01:09:37.420]  Bond forfeiture is a big deal.
[01:09:37.420 --> 01:09:38.820]  Yes.
[01:09:38.820 --> 01:09:41.260]  And the bondsmen don't want to touch it.
[01:09:41.260 --> 01:09:41.760]  Right.
[01:09:41.760 --> 01:09:43.260]  OK.
[01:09:43.260 --> 01:09:48.820]  OK, here is something you can try if you own property.
[01:09:48.820 --> 01:09:51.980]  You have a right to bail.
[01:09:51.980 --> 01:09:58.220]  You do not have a statutory or constitutional right to bond.
[01:09:58.220 --> 01:10:02.220]  You have a constitutional right to bail.
[01:10:02.220 --> 01:10:05.380]  And bail is a written undertaking,
[01:10:05.380 --> 01:10:11.340]  where you promise to pay the court a certain amount,
[01:10:11.340 --> 01:10:15.340]  plus the cost of re-incarcerating someone
[01:10:15.340 --> 01:10:20.500]  if they default on the bond.
[01:10:20.500 --> 01:10:22.740]  But it doesn't involve any money.
[01:10:22.740 --> 01:10:23.240]  OK.
[01:10:23.240 --> 01:10:26.180]  So if you own property, you can put up the property
[01:10:26.180 --> 01:10:29.100]  as collateral and write a bail.
[01:10:29.100 --> 01:10:31.780]  We had a bond that said if we had someone that owned a home,
[01:10:31.780 --> 01:10:32.940]  they could bond her out.
[01:10:32.940 --> 01:10:35.860]  But we would still have to pay $1,200.
[01:10:35.860 --> 01:10:39.740]  OK, you can bond them out yourself.
[01:10:39.740 --> 01:10:43.780]  Anyone can post bail for anybody else.
[01:10:43.780 --> 01:10:45.740]  OK, the thing that is upsetting to me
[01:10:45.740 --> 01:10:47.580]  is that we went there with intentions.
[01:10:47.580 --> 01:10:50.020]  I understand this lawyer was waiting for us.
[01:10:50.020 --> 01:10:53.380]  And money is time, whatever he is for him, whatever.
[01:10:53.380 --> 01:10:56.740]  But he did not give us any ounce of chance.
[01:10:56.740 --> 01:10:59.460]  He started yelling at us in front of the courthouse
[01:10:59.460 --> 01:11:02.980]  real loud, being rude and obnoxious to everyone,
[01:11:02.980 --> 01:11:05.060]  accusing us of this, saying this and that.
[01:11:05.060 --> 01:11:07.220]  And I tried to explain to him, and he didn't want to listen.
[01:11:07.220 --> 01:11:08.620]  He was just yelling into me.
[01:11:08.620 --> 01:11:10.180]  File a bar grievance against him.
[01:11:10.180 --> 01:11:12.420]  That'll jerk a knot in his shorts.
[01:11:12.420 --> 01:11:15.340]  Yeah, and then ask yourself, is this guy that you really
[01:11:15.340 --> 01:11:16.780]  want to do business with?
[01:11:16.780 --> 01:11:17.460]  No, I don't.
[01:11:17.460 --> 01:11:19.740]  That's after you grieve him.
[01:11:19.740 --> 01:11:22.300]  Has he already agreed?
[01:11:22.300 --> 01:11:23.980]  Did you give him any money yet?
[01:11:23.980 --> 01:11:24.980]  No, I tried.
[01:11:24.980 --> 01:11:26.700]  We were going to give him the money.
[01:11:26.700 --> 01:11:28.980]  And like I said, I had to wait an hour
[01:11:28.980 --> 01:11:31.740]  so I could get it out of my ATM machine.
[01:11:31.740 --> 01:11:32.460]  OK, OK, OK.
[01:11:32.460 --> 01:11:33.140]  Wait, wait, wait.
[01:11:33.140 --> 01:11:35.900]  Let's not go into all those details again.
[01:11:35.900 --> 01:11:38.860]  Bargary is a lawyer.
[01:11:38.860 --> 01:11:42.140]  That will make him really, really unhappy,
[01:11:42.140 --> 01:11:45.660]  because if it's his first year of practice,
[01:11:45.660 --> 01:11:50.020]  they'll cancel his malpractice insurance immediately.
[01:11:50.020 --> 01:11:52.060]  If it's not his first year in practice,
[01:11:52.060 --> 01:11:55.380]  they'll double his premium.
[01:11:55.380 --> 01:11:59.780]  And they generally start $25,000, $30,000 a year.
[01:11:59.780 --> 01:12:02.020]  But that won't help get your daughter out.
[01:12:02.020 --> 01:12:05.660]  Go down to the court and post bail.
[01:12:10.620 --> 01:12:12.380]  They're going to object to taking bail.
[01:12:15.300 --> 01:12:19.900]  I wish I had an easy remedy, but our public officials
[01:12:19.900 --> 01:12:21.540]  don't follow law.
[01:12:21.540 --> 01:12:24.500]  I was understanding that most of the time,
[01:12:24.500 --> 01:12:26.940]  the judge will let her go because of their condition,
[01:12:26.940 --> 01:12:29.660]  and they don't want to be held liable for any medical thing
[01:12:29.660 --> 01:12:30.980]  that could be going on.
[01:12:30.980 --> 01:12:32.700]  I have every medical document that
[01:12:32.700 --> 01:12:34.780]  backs up what I say, that my daughter needs
[01:12:34.780 --> 01:12:35.980]  medical attention.
[01:12:35.980 --> 01:12:37.100]  OK, hold on, hold on.
[01:12:37.100 --> 01:12:39.860]  Don't go into all that.
[01:12:39.860 --> 01:12:42.900]  Who is holding her, county or city?
[01:12:42.900 --> 01:12:45.220]  Travis County.
[01:12:45.220 --> 01:12:52.260]  Then go down and go into court and see
[01:12:52.260 --> 01:12:56.580]  if you can approach a county judge and ask the county judge
[01:12:56.580 --> 01:13:00.140]  to grant you a bond hearing.
[01:13:00.140 --> 01:13:01.620]  OK.
[01:13:01.620 --> 01:13:07.780]  And if she is indigent, if you're low on cash,
[01:13:07.780 --> 01:13:09.980]  ask the judge to appoint counsel.
[01:13:09.980 --> 01:13:13.580]  Say you've got a daughter who's pregnant,
[01:13:13.580 --> 01:13:18.500]  who has complications, she's being held in your jail,
[01:13:18.500 --> 01:13:20.940]  and we need to get her out so we can get her to the doctor.
[01:13:20.940 --> 01:13:23.180]  We hold a bond hearing and ask him
[01:13:23.180 --> 01:13:25.140]  to release her on a PR bond, which
[01:13:25.140 --> 01:13:27.620]  you're not likely to do because you have a revocation.
[01:13:27.620 --> 01:13:30.380]  Revocation's a problem.
[01:13:30.380 --> 01:13:33.500]  But see if you can get a judge to lower the bond
[01:13:33.500 --> 01:13:36.460]  so that she can get out to go to this.
[01:13:36.460 --> 01:13:38.580]  Ask the judge to take bail from you,
[01:13:38.580 --> 01:13:43.300]  that you'll put up property to guarantee the bond.
[01:13:43.300 --> 01:13:47.180]  And the judge is likely to want her out of there.
[01:13:47.180 --> 01:13:51.140]  So go to the county clerk and tell the county clerk
[01:13:51.140 --> 01:13:57.540]  you want to talk to a judge for an emergency bond hearing.
[01:13:57.540 --> 01:14:00.220]  Emergency bond hearing, OK.
[01:14:00.220 --> 01:14:05.300]  And tell them that you're prepared to post bail
[01:14:05.300 --> 01:14:08.780]  as opposed to bond.
[01:14:08.780 --> 01:14:12.780]  And you'll post collateral for the bail.
[01:14:12.780 --> 01:14:16.740]  And the judges are likely to be easy to get along with.
[01:14:16.740 --> 01:14:18.820]  The jails are not.
[01:14:18.820 --> 01:14:20.940]  OK.
[01:14:20.940 --> 01:14:23.300]  I go down, I beat them up, I jerk them around,
[01:14:23.300 --> 01:14:25.100]  I file criminal charges, I do all this stuff.
[01:14:25.100 --> 01:14:26.780]  But that doesn't get your daughter out.
[01:14:26.780 --> 01:14:29.460]  And so that's why I'm not suggesting that.
[01:14:29.460 --> 01:14:32.020]  Right now, most important is to get her out of there.
[01:14:32.020 --> 01:14:32.540]  Right.
[01:14:32.540 --> 01:14:39.740]  If you, it's going to be Monday before you can go down
[01:14:39.740 --> 01:14:43.660]  to the jail and ask to have a magistrate on duty.
[01:14:43.660 --> 01:14:46.980]  Ask to, you want to speak to a magistrate to hold
[01:14:46.980 --> 01:14:50.340]  an emergency bond hearing.
[01:14:50.340 --> 01:14:53.140]  It's a magistrate, you said a majesty?
[01:14:53.140 --> 01:14:54.300]  Yeah, magistrate.
[01:14:54.300 --> 01:14:59.660]  They'll have magistrates available even on the weekends.
[01:14:59.660 --> 01:15:06.060]  And tell them that you want to speak to a magistrate
[01:15:06.060 --> 01:15:11.780]  to request an emergency bail hearing, bond hearing.
[01:15:11.780 --> 01:15:14.860]  OK.
[01:15:14.860 --> 01:15:20.540]  That's about the best I can offer you at the moment.
[01:15:20.540 --> 01:15:25.140]  The problem is it's Friday night.
[01:15:25.140 --> 01:15:28.820]  And it'll be Monday morning before the courts are there.
[01:15:28.820 --> 01:15:31.620]  OK.
[01:15:31.620 --> 01:15:34.900]  The best thing to do is be a nuisance.
[01:15:34.900 --> 01:15:38.180]  I'm definitely trying my hardest to be a nuisance.
[01:15:38.180 --> 01:15:40.220]  The more annoying you are, the more likely
[01:15:40.220 --> 01:15:43.060]  they are to get her out of there, just to keep you
[01:15:43.060 --> 01:15:44.780]  from annoying them.
[01:15:44.780 --> 01:15:47.420]  OK.
[01:15:47.420 --> 01:15:48.740]  OK, good luck.
[01:15:48.740 --> 01:15:51.140]  I'm sorry I couldn't give you more help.
[01:15:51.140 --> 01:15:52.460]  No, you've done more than enough.
[01:15:52.460 --> 01:15:55.420]  And I would definitely do this grievance thing on this lawyer
[01:15:55.420 --> 01:15:58.180]  because he had no reason to be yelling at us like that.
[01:15:58.180 --> 01:16:01.740]  We're just as human as he is, and nobody
[01:16:01.740 --> 01:16:03.820]  wasn't trying to do anything to burn him.
[01:16:03.820 --> 01:16:08.020]  He just seemed to be treating us like we were wasting his time.
[01:16:08.020 --> 01:16:10.260]  And I just think, you know what?
[01:16:10.260 --> 01:16:12.660]  Yeah, we need you, but we don't need it enough for you
[01:16:12.660 --> 01:16:15.980]  to be treating us the way you did.
[01:16:15.980 --> 01:16:19.460]  When lawyers get attitudes, bar grievances
[01:16:19.460 --> 01:16:22.580]  act to adjust their attitudes.
[01:16:22.580 --> 01:16:24.500]  OK, we're about to go to break.
[01:16:24.500 --> 01:16:25.420]  Thank you, Roxanne.
[01:16:25.420 --> 01:16:28.980]  And let us know how this turns out.
[01:16:28.980 --> 01:16:31.900]  This is Randy Kelton, Deborah Stevens, Root of Law Radio,
[01:16:31.900 --> 01:16:35.620]  here with our special guest, Joe Esquivel.
[01:16:35.620 --> 01:16:37.820]  Mike, I see you there.
[01:16:37.820 --> 01:16:39.300]  We're running out of callers.
[01:16:39.300 --> 01:16:41.500]  And after we do run out of callers,
[01:16:41.500 --> 01:16:45.940]  I have an issue that I want to address with Joe
[01:16:45.940 --> 01:16:47.860]  on the securities matter.
[01:16:47.860 --> 01:16:49.380]  So hang on.
[01:16:49.380 --> 01:16:53.700]  I'll call in number 512-646-1984.
[01:16:53.700 --> 01:16:54.900]  We'll be right back.
[01:17:00.580 --> 01:17:03.020]  Through advances in technology, our lives
[01:17:03.020 --> 01:17:06.500]  have greatly improved, except in the area of nutrition.
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[01:17:09.460 --> 01:17:11.380]  And it's time we changed all that.
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[01:17:14.460 --> 01:17:17.700]  in this toxic environment is good nutrition.
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[01:18:21.260 --> 01:18:22.900]  In addition to coins and bullion,
[01:18:22.900 --> 01:18:24.820]  we carry popular young Jevity products,
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[01:18:47.340 --> 01:18:49.420]  about a half a mile south of Anderson.
[01:18:49.420 --> 01:18:51.580]  We're open Monday through Friday 10 to 6,
[01:18:51.580 --> 01:18:53.140]  Saturdays 10 to 2.
[01:18:53.140 --> 01:18:55.380]  Visit us at CapitalCoinandBullion.com
[01:18:55.380 --> 01:19:02.380]  or call 512-646-6440.
[01:19:25.380 --> 01:19:32.380]  Well, ain't gonna fool me with that same old trick again.
[01:19:36.740 --> 01:19:41.740]  I was blindsided, but now I can see your plan.
[01:19:41.820 --> 01:19:46.820]  You put the fear in my pocket, took the money from my hand.
[01:19:46.940 --> 01:19:49.940]  Ain't gonna fool me with that same old trick again.
[01:19:49.940 --> 01:19:51.500]  Okay, we are back.
[01:19:51.500 --> 01:19:54.620]  Randy Shelton, David Stevens, we have our radio,
[01:19:54.620 --> 01:19:58.140]  and we're going to Mike in Texas.
[01:19:58.140 --> 01:20:00.740]  Hello Mike, what do you have for us today?
[01:20:00.740 --> 01:20:05.740]  Hi, I'm calling about a problem
[01:20:05.780 --> 01:20:08.340]  that I'm having with the Homeowners Association.
[01:20:09.380 --> 01:20:12.980]  So let me explain the circumstances a little bit.
[01:20:12.980 --> 01:20:15.060]  It's a little bit strange.
[01:20:17.660 --> 01:20:22.660]  The lady that I live with, her brother owns some property.
[01:20:22.660 --> 01:20:27.660]  He lives here in Houston, and he lives in Australia.
[01:20:28.900 --> 01:20:31.380]  And we sort of manage the property for him.
[01:20:31.380 --> 01:20:32.660]  We do maintenance for him,
[01:20:32.660 --> 01:20:35.220]  and we take care of the tenants and everything.
[01:20:37.100 --> 01:20:41.140]  And at one of the houses,
[01:20:42.940 --> 01:20:46.020]  we're getting letters from the Homeowners Association.
[01:20:47.220 --> 01:20:50.020]  Hey, you gotta fix this, that's not right,
[01:20:50.020 --> 01:20:52.140]  you gotta cut out this tree, you gotta fix the fence,
[01:20:52.140 --> 01:20:55.780]  you gotta paint this, you gotta spackle that.
[01:20:59.660 --> 01:21:02.460]  So they'll send us one series of letters,
[01:21:02.460 --> 01:21:05.100]  and we'll fix it.
[01:21:05.100 --> 01:21:07.180]  And then they send us another series of letters
[01:21:07.180 --> 01:21:09.780]  for other complaints, and then we fix that.
[01:21:09.780 --> 01:21:11.260]  Then they send us more letters.
[01:21:11.260 --> 01:21:13.540]  They just keep pin-picking us.
[01:21:13.540 --> 01:21:16.460]  Okay, then I'll tell you what you do.
[01:21:16.460 --> 01:21:20.100]  Send them a letter, and request that they come out
[01:21:20.100 --> 01:21:22.580]  and inspect your property.
[01:21:22.580 --> 01:21:23.500]  Right.
[01:21:23.500 --> 01:21:27.700]  Get a list of what needs to be done, fix that.
[01:21:27.700 --> 01:21:31.300]  When you get the next letter, then you sue them.
[01:21:31.300 --> 01:21:32.660]  Oh, I love that.
[01:21:34.100 --> 01:21:35.620]  Okay, all right.
[01:21:35.620 --> 01:21:40.420]  We brought you guys out, and you told us what to fix.
[01:21:40.420 --> 01:21:42.460]  And now you come back with new stuff.
[01:21:42.460 --> 01:21:47.140]  I used to, I was in the, I had a construction company.
[01:21:47.140 --> 01:21:49.500]  I was in Denton County.
[01:21:49.500 --> 01:21:53.460]  And brought in the inspector, and they always
[01:21:53.460 --> 01:21:54.460]  want to have an attitude.
[01:21:54.460 --> 01:21:56.420]  I had an 18-foot wall.
[01:21:57.620 --> 01:22:01.420]  And it stood up metal studs, and what they wanted us to do
[01:22:01.420 --> 01:22:04.660]  was stand up the metal studs, put in all of the conduit,
[01:22:04.660 --> 01:22:07.180]  and then they'd come out and inspect it.
[01:22:07.180 --> 01:22:11.820]  Well, an 18-foot metal stud was like a rubber band.
[01:22:12.780 --> 01:22:16.260]  So we had to put in a one-hour wall,
[01:22:16.260 --> 01:22:20.180]  so I put two layers of five-eighths plywood on it.
[01:22:21.140 --> 01:22:21.980]  Okay.
[01:22:21.980 --> 01:22:24.340]  And the inspector came down and looked at it and said,
[01:22:24.340 --> 01:22:26.180]  well, I can't inspect that.
[01:22:26.180 --> 01:22:27.900]  You'll have to pull that plywood off of there.
[01:22:27.900 --> 01:22:30.180]  I said, you have to kiss my behind.
[01:22:30.180 --> 01:22:31.180]  See, there's a hole in it.
[01:22:31.180 --> 01:22:32.980]  You can step through it, and you can see everything
[01:22:32.980 --> 01:22:33.820]  from the backside.
[01:22:33.820 --> 01:22:35.740]  He said, no, I have to inspect it from this side.
[01:22:35.740 --> 01:22:37.100]  Get out!
[01:22:37.100 --> 01:22:37.940]  What?
[01:22:37.940 --> 01:22:39.380]  Get out!
[01:22:39.380 --> 01:22:40.380]  I threw him out.
[01:22:41.740 --> 01:22:43.900]  Went down to the inspector's office and asked him,
[01:22:43.900 --> 01:22:46.220]  where did you get this idiot moron?
[01:22:47.340 --> 01:22:49.780]  So they sent another inspector down here and there,
[01:22:49.780 --> 01:22:52.580]  and he didn't have a problem with my plasterboard.
[01:22:52.580 --> 01:22:54.140]  He gave me a list of things to fix.
[01:22:54.140 --> 01:22:54.980]  I fixed them.
[01:22:54.980 --> 01:22:59.820]  He came back, and he pointed out four or five other things.
[01:23:01.180 --> 01:23:03.500]  I told him, get out!
[01:23:03.500 --> 01:23:07.700]  Went to the mayor and crawled down the mayor's throat.
[01:23:07.700 --> 01:23:12.700]  You charged me $35 to have that moron come out
[01:23:15.140 --> 01:23:16.740]  and go through my property.
[01:23:17.780 --> 01:23:20.900]  You sent him down there, and he is to tell me
[01:23:20.900 --> 01:23:25.900]  everything I am supposed to fix, and then he is to get out.
[01:23:25.900 --> 01:23:28.500]  When I fix it, he can come back,
[01:23:28.500 --> 01:23:31.740]  and if he comes up with anything else,
[01:23:31.740 --> 01:23:33.660]  I'm gonna bill you for it.
[01:23:33.660 --> 01:23:38.660]  So they come out and tell you what you have to fix,
[01:23:39.660 --> 01:23:41.820]  they better get everything.
[01:23:41.820 --> 01:23:44.300]  Otherwise, you charge them with harassment.
[01:23:44.300 --> 01:23:49.300]  What really gets me is, I guess you send an inspector
[01:23:50.500 --> 01:23:52.580]  in a truck driving down the street
[01:23:52.580 --> 01:23:56.220]  just looking for stuff to whine about.
[01:23:57.740 --> 01:24:02.060]  No, the streets around this subdivision are white.
[01:24:02.060 --> 01:24:06.060]  I mean, ungodly, just potholes everywhere.
[01:24:06.060 --> 01:24:08.820]  It's all uneven and busted up.
[01:24:10.660 --> 01:24:11.820]  Oh, wait a minute.
[01:24:11.820 --> 01:24:16.820]  Hold on, have you read the homeowners association agreement?
[01:24:19.780 --> 01:24:21.860]  I haven't read it, no.
[01:24:21.860 --> 01:24:24.260]  Get it, get it, read it.
[01:24:24.260 --> 01:24:27.500]  This is so much fun, you won't believe it.
[01:24:27.500 --> 01:24:28.860]  Oh, good.
[01:24:28.860 --> 01:24:30.700]  I'm taking on an issue now
[01:24:30.700 --> 01:24:34.620]  where they want me to go after the attorney general
[01:24:34.620 --> 01:24:36.380]  for some shenanigans.
[01:24:37.580 --> 01:24:40.740]  And I'm digging through the details.
[01:24:40.740 --> 01:24:45.140]  You will absolutely love the details.
[01:24:45.140 --> 01:24:48.900]  I find this teensy-teensy little detail
[01:24:50.140 --> 01:24:53.700]  and just land on them like a ton of bricks.
[01:24:53.700 --> 01:24:56.900]  If the homeowners association is collecting money
[01:24:56.900 --> 01:25:00.900]  and they're required to keep the streets up,
[01:25:00.900 --> 01:25:04.060]  sue the homeowners association.
[01:25:04.060 --> 01:25:07.060]  And then when they come out and nitpick you,
[01:25:08.140 --> 01:25:11.980]  then you charge them with retaliation and harassment.
[01:25:15.780 --> 01:25:20.380]  It's just, you know, these guys are chumps.
[01:25:20.380 --> 01:25:23.820]  They be a little creative.
[01:25:23.820 --> 01:25:26.780]  You can make them not want to see you, talk to you,
[01:25:26.780 --> 01:25:28.340]  have anything to do with you.
[01:25:29.980 --> 01:25:31.020]  Wow.
[01:25:31.020 --> 01:25:31.940]  Okay, well, good.
[01:25:31.940 --> 01:25:33.660]  I'm really glad I called in tonight.
[01:25:33.660 --> 01:25:38.580]  I've been listening and I just have to say
[01:25:38.580 --> 01:25:40.700]  all the listeners on this show,
[01:25:40.700 --> 01:25:45.700]  I just admire them so much for what they're doing,
[01:25:45.860 --> 01:25:47.620]  for really listening to you
[01:25:47.620 --> 01:25:50.940]  and going out and researching
[01:25:50.940 --> 01:25:55.660]  and really learning how to fight back
[01:25:55.660 --> 01:25:58.860]  on especially on these mortgage issues.
[01:25:59.940 --> 01:26:04.940]  I had a guy on my show who had his own show for 20 years.
[01:26:08.220 --> 01:26:10.660]  And when the show was over, he said,
[01:26:10.660 --> 01:26:14.540]  where do you get those callers?
[01:26:14.540 --> 01:26:18.500]  They ask such good questions.
[01:26:18.500 --> 01:26:19.780]  Don't they?
[01:26:19.780 --> 01:26:20.620]  I mean.
[01:26:20.620 --> 01:26:21.900]  Yes.
[01:26:21.900 --> 01:26:25.300]  We get a lot of compliments from other broadcasters
[01:26:25.300 --> 01:26:28.260]  on the quality of our listeners.
[01:26:28.260 --> 01:26:30.460]  I can't wait to hear from your guests.
[01:26:30.460 --> 01:26:32.340]  So I'm not going to hold you up anymore
[01:26:32.340 --> 01:26:35.420]  with my Homeowners Association stuff.
[01:26:35.420 --> 01:26:40.420]  Hey, well, the trick is if you want to fight, bubba,
[01:26:40.620 --> 01:26:43.700]  I'll give you a fight you are not going to believe.
[01:26:44.580 --> 01:26:47.620]  Well, I'll call you in and,
[01:26:47.620 --> 01:26:51.620]  or I'll call in again and let you know how it goes.
[01:26:51.620 --> 01:26:52.540]  Good, wonderful.
[01:26:52.540 --> 01:26:54.100]  Thank you.
[01:26:54.100 --> 01:26:54.940]  Thanks, Randy.
[01:26:54.940 --> 01:26:55.780]  Okay.
[01:26:57.340 --> 01:27:00.260]  Okay, there is, I want to talk to Joe now.
[01:27:02.060 --> 01:27:04.380]  I am looking at an evaluation
[01:27:04.380 --> 01:27:09.380]  and you took a interesting approach
[01:27:10.340 --> 01:27:14.220]  to challenging in an assignment
[01:27:14.220 --> 01:27:17.260]  of the security instrument in the note.
[01:27:19.220 --> 01:27:23.700]  In that you went to the fact that a portion
[01:27:23.700 --> 01:27:27.580]  of the note had been sold.
[01:27:27.580 --> 01:27:31.940]  So therefore under uniform commercial code,
[01:27:31.940 --> 01:27:34.340]  they cannot negotiate the note
[01:27:34.340 --> 01:27:36.540]  unless they negotiate the entire note.
[01:27:37.620 --> 01:27:39.700]  The entire mortgage instrument.
[01:27:39.700 --> 01:27:40.980]  Mortgage instrument.
[01:27:40.980 --> 01:27:44.940]  Right, because the whole purpose of the assignment
[01:27:44.940 --> 01:27:49.860]  is to memorialize the sale of the tangible promissory note,
[01:27:49.860 --> 01:27:53.580]  but it does not cause the sale.
[01:27:54.580 --> 01:27:58.140]  The reason that they're using assignments
[01:27:59.100 --> 01:28:02.580]  and they're using alleged fictitious titles
[01:28:02.580 --> 01:28:07.580]  and names are they're strictly for the purpose
[01:28:08.020 --> 01:28:12.460]  of reconstructing the instrument.
[01:28:12.460 --> 01:28:14.740]  Humpty Dumpty fell off the wall.
[01:28:14.740 --> 01:28:17.700]  They're trying to put Humpty Dumpty back together again.
[01:28:17.700 --> 01:28:22.700]  So many times when it says assignment of mortgage
[01:28:24.700 --> 01:28:27.820]  or assignment of deed of trust
[01:28:27.820 --> 01:28:30.940]  for value and consideration given
[01:28:30.940 --> 01:28:32.420]  together with the note
[01:28:32.420 --> 01:28:35.020]  in all beneficial interest and payments,
[01:28:36.820 --> 01:28:38.540]  they don't say, are we talking
[01:28:38.540 --> 01:28:41.420]  about the tangible promissory note?
[01:28:41.420 --> 01:28:43.940]  Are we talking about the electronic note?
[01:28:43.940 --> 01:28:48.940]  In order to transfer a note,
[01:28:49.060 --> 01:28:51.820]  there must be negotiation transfer and delivery.
[01:28:53.580 --> 01:28:55.900]  The assignments you need to ask,
[01:28:55.900 --> 01:28:57.820]  again, there's so many questions
[01:28:57.820 --> 01:29:02.700]  because one of the questions that I would ask would be,
[01:29:02.700 --> 01:29:06.260]  is this document eligible to be recorded?
[01:29:08.020 --> 01:29:11.900]  Who is the party coming forth with this action?
[01:29:11.900 --> 01:29:15.740]  Because many times, if you're in a judicial state
[01:29:17.180 --> 01:29:20.140]  and a debt instrument is presented to the court
[01:29:20.140 --> 01:29:25.140]  as an exhibit, there's an incomplete stamping on there.
[01:29:26.740 --> 01:29:29.340]  And it says pay to the order of
[01:29:29.340 --> 01:29:34.340]  with an as of yet unnamed payee without recourse.
[01:29:35.460 --> 01:29:38.500]  So right then and there, we know what the intent was,
[01:29:38.500 --> 01:29:40.820]  but we'll get back with that after the break.
[01:29:40.820 --> 01:29:44.540]  This is Joe Esquivel, Randy Kelton, Deborah Stevens,
[01:29:44.540 --> 01:29:47.580]  Rule of Law Radio, we'll be taking your calls
[01:29:47.580 --> 01:29:52.580]  at 512-646-1984, so we'll be right back.
[01:29:53.620 --> 01:29:54.820]  Don't forget to call in.
[01:29:58.820 --> 01:30:00.420]  Take a whiff of that.
[01:30:00.420 --> 01:30:02.700]  Onions may have a scrambling for breath mints,
[01:30:02.700 --> 01:30:04.900]  but they might also save our lives.
[01:30:04.900 --> 01:30:07.660]  I'm Dr. Catherine Albrecht, and I'll be back in a minute.
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[01:30:42.580 --> 01:30:45.300]  An onion a day could keep the doctor away.
[01:30:45.300 --> 01:30:47.980]  Common onions are brimming with antioxidants
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[01:31:00.540 --> 01:31:03.580]  Cornell University researchers say strong flakiness
[01:31:03.580 --> 01:31:05.660]  varieties have the highest antioxidants
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[01:31:20.540 --> 01:31:21.820]  I'm Dr. Catherine Albrecht.
[01:31:21.820 --> 01:31:24.980]  More news and information at CatherineAlbrecht.com.
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[01:33:24.420 --> 01:33:47.420]  The wicked come with temptation They're trying to buy the whole place
[01:33:47.420 --> 01:33:59.420]  They want to poison the nation Because they've bought the place
[01:33:59.420 --> 01:34:22.420]  Because they've bought the place
[01:34:29.420 --> 01:34:34.420]  And the note and all beneficial interest there are
[01:34:34.420 --> 01:34:39.420]  And this was an evaluation that Joe had done
[01:34:39.420 --> 01:34:44.420]  And he demonstrated that the beneficial interest in the note
[01:34:44.420 --> 01:34:50.420]  Had been sold to a Fannie Mae or into a pool
[01:34:50.420 --> 01:34:56.420]  So where the document says that it transferred all beneficial interest
[01:34:56.420 --> 01:35:00.420]  I'm looking at it and saying, well it doesn't have any beneficial interest
[01:35:00.420 --> 01:35:04.420]  The security instrument doesn't have any beneficial interest
[01:35:04.420 --> 01:35:10.420]  Because it's just a collateral document established in collateral
[01:35:10.420 --> 01:35:16.420]  So it's not, unlike the note, this is not a negotiable instrument
[01:35:16.420 --> 01:35:20.420]  I could sell you a deed of trust but it would be garbage
[01:35:20.420 --> 01:35:28.420]  Because it doesn't guarantee you anything If the deed of trust was written to protect me, it guarantees me
[01:35:28.420 --> 01:35:32.420]  And if I sell it to you, you have the deed of trust
[01:35:32.420 --> 01:35:36.420]  But nobody's promised to pay you anything
[01:35:36.420 --> 01:35:40.420]  So you can't be harmed, you can never invoke the deed of trust
[01:35:40.420 --> 01:35:49.420]  So with that aside, it purported to transfer a beneficial interest
[01:35:49.420 --> 01:35:56.420]  And I can't quote the case now, but I remember a case that referenced the transfer of a beneficial interest
[01:35:56.420 --> 01:36:10.420]  And it said that the issuer, the transferor, transferred what interest that it held, which was none
[01:36:10.420 --> 01:36:20.420]  And that appears to be what this corporate transfer or corporate assignment or whatever the title was
[01:36:20.420 --> 01:36:22.420]  Correct
[01:36:22.420 --> 01:36:28.420]  It appeared as though they transferred what they had, which was nothing
[01:36:28.420 --> 01:36:33.420]  Correct, that's the question, Randy, right on the head, alright?
[01:36:33.420 --> 01:36:43.420]  While they purport to transfer an interest, what is the interest that they're transferring?
[01:36:43.420 --> 01:36:46.420]  What is it? Nobody knows
[01:36:46.420 --> 01:36:59.420]  If the interest that they're transferring does not contain conditions over which for enforcement of the security instrument, you've transferred nothing
[01:36:59.420 --> 01:37:09.420]  On its face, it looks all fancy, with all of the fancy word crafting, transfer all beneficial interest together with the note
[01:37:09.420 --> 01:37:26.420]  But wait a minute, pursuant to 15 USC, chapter 47, or no, 15 USC, 7003, UEA and eSign are excluded from eSign
[01:37:26.420 --> 01:37:30.420]  So what did they transfer? Nothing
[01:37:30.420 --> 01:37:33.420]  They didn't have anything to transfer at all, Randy
[01:37:33.420 --> 01:37:38.420]  Okay, let me back up to my due process side
[01:37:38.420 --> 01:37:48.420]  They filed a document in the record, and this document contained statements of purported fact
[01:37:48.420 --> 01:38:01.420]  And the purported fact was that they transferred all beneficial interest in the note and security instrument
[01:38:01.420 --> 01:38:07.420]  But they didn't own all beneficial interest
[01:38:07.420 --> 01:38:12.420]  So they couldn't transfer all beneficial interest
[01:38:12.420 --> 01:38:23.420]  I read that as placing a statement on a government document that is untrue, that they knew to be untrue and intended to be taken as true
[01:38:23.420 --> 01:38:25.420]  That's tampered with the government document
[01:38:25.420 --> 01:38:34.420]  And then they filed that document in the public record in verified form
[01:38:34.420 --> 01:38:39.420]  That makes it aggravated perjury
[01:38:39.420 --> 01:38:44.420]  Okay, I'm looking at going back after them for that
[01:38:44.420 --> 01:38:45.420]  Criminally
[01:38:45.420 --> 01:38:49.420]  Absolutely, they'd certainly come after us for that
[01:38:49.420 --> 01:38:55.420]  Well, until the shiny bracelets are put on the wrist, and that's what it's going to take
[01:38:55.420 --> 01:39:02.420]  It's not going to be a civil, it's going to have to be criminal, I agree 110%
[01:39:02.420 --> 01:39:10.420]  Because these are fraudulent, on the face, Randy
[01:39:10.420 --> 01:39:24.420]  If we can conclusively show that the right to payment was transferred to or sold to an investment pool
[01:39:24.420 --> 01:39:35.420]  Then there's no other way to read this document, but as far as tampered with the government document simulating legal process, aggravated perjury
[01:39:35.420 --> 01:39:43.420]  And that's what I do all day, and that's especially if this is for a claim Fannie Mae or Freddie Mac
[01:39:43.420 --> 01:39:50.420]  Because Fannie Mae and Freddie Mac are not listed as beneficiary or as mortgagee in public record
[01:39:50.420 --> 01:39:55.420]  Yes, and that brought up a question, are you familiar with the case out of Maine
[01:39:55.420 --> 01:40:03.420]  Where the lawyer through discovery got a memo or a directive from Fannie Mae
[01:40:03.420 --> 01:40:17.420]  Essentially directing Wells Fargo Bank of America to do a fraudulent filing in the record
[01:40:17.420 --> 01:40:32.420]  Actually what they state is that an assignment is to be made in recordable form, suitable for recording, but not recorded
[01:40:32.420 --> 01:40:37.420]  And it's stated that verbiage is in both Fannie Mae and Freddie Mac
[01:40:37.420 --> 01:40:48.420]  And I also state where exactly the form or the manual that it's taken from, and it's listed on my infographics that I've created
[01:40:48.420 --> 01:40:58.420]  Because many times they will do a document in recordable form and it'll be placed in the collateral file
[01:40:58.420 --> 01:41:09.420]  And the collateral file is actual, tangible paper documents that go from party to party to party every time there is a sale
[01:41:09.420 --> 01:41:14.420]  And they range anywhere between 200 and 400 actual documents
[01:41:14.420 --> 01:41:21.420]  So there will be a piece of paper in there, again, in recordable form
[01:41:21.420 --> 01:41:32.420]  What is recordable forming? That means a piece of paper that matches the dimensions and the size that can be filed into public record
[01:41:32.420 --> 01:41:37.420]  But if it's not filed into public record, it does not exist
[01:41:37.420 --> 01:41:41.420]  Okay, here's where I was going with that
[01:41:41.420 --> 01:41:47.420]  That document does not transfer the beneficial interest
[01:41:47.420 --> 01:41:54.420]  That document merely gives notice that the beneficial interest is already transferred
[01:41:54.420 --> 01:42:01.420]  So if they have created that document according to Fannie Mae's instructions
[01:42:01.420 --> 01:42:14.420]  And then they file a document purporting to transfer that deed of trust and note to some other party
[01:42:14.420 --> 01:42:22.420]  That other document, the one that's actually filed, is fraud on its face
[01:42:22.420 --> 01:42:25.420]  Okay, well, go on
[01:42:25.420 --> 01:42:27.420]  Go ahead
[01:42:27.420 --> 01:42:31.420]  I understand what you're saying, and you are right
[01:42:31.420 --> 01:42:38.420]  And again, within Fannie Mae's own documents is where the verbiage can be found
[01:42:38.420 --> 01:42:43.420]  So it's not just an isolated case
[01:42:43.420 --> 01:42:55.420]  Where do we find the audit trail for the actual transfer of beneficial interest to the pool?
[01:42:55.420 --> 01:43:00.420]  All right, if you want to go within Fannie Mae's own documents, all right
[01:43:00.420 --> 01:43:11.420]  You can go in section 8.2, it's under assignment of mortgage, and it's in the Fannie Mae requirements for custodians, and it states
[01:43:11.420 --> 01:43:16.420]  An assignment in recordable form
[01:43:16.420 --> 01:43:23.420]  Let's see, an assignment is in recordable form, but is not recorded
[01:43:23.420 --> 01:43:30.420]  Recordable form generally is whatever the form from the local recorder's office requires
[01:43:30.420 --> 01:43:35.420]  And virtually all require that the forms be notarized
[01:43:35.420 --> 01:43:43.420]  But again, until it is submitted into public record, it's just a worthless piece of paper
[01:43:43.420 --> 01:43:46.420]  That's evidence
[01:43:46.420 --> 01:43:48.420]  Correct
[01:43:48.420 --> 01:43:53.420]  Okay, hang on, we'll be right back, Randy Kelton, Deborah Stevens, Joe Esquivel
[01:43:53.420 --> 01:43:59.420]  Not necessarily in that order, I call in number 512-606-1984
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[01:46:01.420 --> 01:46:16.420]  Well, look, Karma's lurking around the corner You better watch your favorite deputy take And he'll be in trouble if all of you tell him
[01:46:16.420 --> 01:46:26.420]  Yeah, little Jerry, sing reality, we can't help you
[01:46:26.420 --> 01:46:31.420]  Karma's lurking around the corner Sing, Jerry, come
[01:46:31.420 --> 01:46:38.420]  As we sow, so shall we reap
[01:46:38.420 --> 01:46:46.420]  So many fruits, so much work still put on all of these trees
[01:46:46.420 --> 01:46:54.420]  Try as we will to start small steps in giant me
[01:46:54.420 --> 01:47:01.420]  As we sow, so shall we reap
[01:47:24.420 --> 01:47:32.420]  And we're pushing up toward the third hour, Debra should be back at the third hour, maybe keep her up here
[01:47:32.420 --> 01:47:38.420]  Let us know how things are supposed to work But we were talking about the assignment
[01:47:38.420 --> 01:47:49.420]  And over the break, you quoted a little Latin to me Joe, but you kind of finish up explaining the problem with these supposed assignments
[01:47:49.420 --> 01:47:54.420]  When the beneficial interest is not in their hands
[01:47:54.420 --> 01:48:02.420]  Well, you have to ask yourself what is in their hands, Randy? What was purchased?
[01:48:02.420 --> 01:48:11.420]  Because we have to talk about the entire mortgage loan instrument as a whole
[01:48:11.420 --> 01:48:21.420]  So we're talking about the tangible promissory note We're talking about the security instrument, which here in Texas would be a deed of trust
[01:48:21.420 --> 01:48:28.420]  If we were in Florida, it would be a mortgage And we're talking about the payment and tangible obligation
[01:48:28.420 --> 01:48:35.420]  Now, those three items together comprise the mortgage loan instrument
[01:48:35.420 --> 01:48:44.420]  And many times it's confusing because they'll say your loan has been sold or we've transferred an interest
[01:48:44.420 --> 01:48:51.420]  And they're not being specific about the action that was taken by the correct party
[01:48:51.420 --> 01:49:13.420]  In reference to a GSC such as Fannie Mae or Freddie Mac or Ginny Mae, many times almost immediately after default, an assignment is made to the servicer of the loan, mortgage loan
[01:49:13.420 --> 01:49:28.420]  And an assignment is made to the servicer and centered into public record And it'll say MERS has assigned beneficial interest in a deed of trust owned by Randy Kelton signed in June of 2005
[01:49:28.420 --> 01:49:42.420]  The problem is MERS is the servicer MERS cannot act as an owner pursuant to statutory requirements of law
[01:49:42.420 --> 01:49:50.420]  So we have conflicts But unless challenged, the banks triumph every time
[01:49:50.420 --> 01:50:02.420]  That is a good point MERS claims to be an agent But what are the limits of that agency?
[01:50:02.420 --> 01:50:20.420]  Well, you're going to go to agency law So once a partial interest of that mortgage loan instrument has been sold, it now leaves the entire instrument less an entire instrument
[01:50:20.420 --> 01:50:30.420]  So let's take a dollar bill And I tear the dollar bill in half and I give you half
[01:50:30.420 --> 01:50:36.420]  Okay, you have half a dollar bill I'll see you later
[01:50:36.420 --> 01:50:39.420]  What can you do with, hey, you're half the dollar bill, Randy?
[01:50:39.420 --> 01:50:45.420]  I can use it for toilet paper or I can get arrested for destroying the money
[01:50:45.420 --> 01:50:57.420]  That's not money That was a negotiable instrument I sold you an interest of a negotiable instrument
[01:50:57.420 --> 01:51:08.420]  And that's what the banks do Except instead of tearing the note in half, they strip the value off the top of the note
[01:51:08.420 --> 01:51:16.420]  Correct They sold the promise to pay which is the value
[01:51:16.420 --> 01:51:25.420]  It is the debt which is evidenced by the tangible promissory note which is value It's not the note that's valuable
[01:51:25.420 --> 01:51:33.420]  It's a legal description of the debt that's being evidenced that is so valuable
[01:51:33.420 --> 01:51:41.420]  So when you have a strip shopping mall here in Dallas, all right, Randy, and you've got 10 stores
[01:51:41.420 --> 01:51:46.420]  And you've fallen in hard times and your creditors are coming after you
[01:51:46.420 --> 01:51:54.420]  And you're trying to come up with ways to pay off your creditors And suddenly one day the lights pop on and you're like, wait a minute
[01:51:54.420 --> 01:52:02.420]  I've got tenants I've got an income stream And you sell that income stream
[01:52:02.420 --> 01:52:08.420]  You sell those leases to those 10 stores of which you have tenants That's legal
[01:52:08.420 --> 01:52:13.420]  Under Article 9, you can do that all day long And that's something that we normally call factoring
[01:52:13.420 --> 01:52:18.420]  Correct Now you still own the brick and mortar building
[01:52:18.420 --> 01:52:28.420]  But you sold the right to future payments So now when someone has a mortgage loan instrument
[01:52:28.420 --> 01:52:38.420]  And they sell an interest because if whenever you ask your banks and you say, who is the owner
[01:52:38.420 --> 01:52:46.420]  And they'll say, well, Fannie Mae is an investor That's what they say Freddie Mac is the investor
[01:52:46.420 --> 01:52:54.420]  That's all they are They're investing in a portion of your mortgage loan instrument
[01:52:54.420 --> 01:53:03.420]  They're not the holder in due course Fannie Mae is not listed as mortgagee or beneficiary or nominee in public record
[01:53:03.420 --> 01:53:13.420]  So if you're not listed in public record If you're not listed on the payee line
[01:53:13.420 --> 01:53:20.420]  Then who are you? Yes, you have a right to collect an intangible payment obligation
[01:53:20.420 --> 01:53:28.420]  And that's it You're entitled to a monetary amount that's unsecured
[01:53:28.420 --> 01:53:32.420]  That's unsecured And yes, you're right
[01:53:32.420 --> 01:53:40.420]  Many times they come forth and they do these sales on the courthouse steps And they say, well, Fannie Mae is doing a credit bid
[01:53:40.420 --> 01:53:45.420]  Because Fannie Mae is a purported secure creditor But nobody's ever questioned it
[01:53:45.420 --> 01:53:50.420]  Nobody goes up on the courtroom steps and yells stop Wait a minute
[01:53:50.420 --> 01:53:56.420]  If you're the credit bidder Then you should be listed as beneficiary in public record
[01:53:56.420 --> 01:54:04.420]  Otherwise, you need to have the $10,000 cash cashiers check
[01:54:04.420 --> 01:54:12.420]  And within 72 hours of the sale, you need to have funds in the form of a cashiers check
[01:54:12.420 --> 01:54:18.420]  That trustee that's doing the sale They're just selling willy nilly
[01:54:18.420 --> 01:54:28.420]  And they haven't been called out on it Isn't the clerk required to secure those funds?
[01:54:28.420 --> 01:54:33.420]  Who is required? Who is doing the checking up?
[01:54:33.420 --> 01:54:43.420]  What I'm looking at is who has the responsibility If they're supposed to come up with a $10,000 cashiers check, who do they give it to?
[01:54:43.420 --> 01:54:54.420]  The trustee that's doing the sale is the party that has a fiduciary responsibility for that property
[01:54:54.420 --> 01:55:06.420]  So now they're selling something that is not correctly identified to the proper party
[01:55:06.420 --> 01:55:17.420]  And everything is done electronically Oh yes, Fannie Mae put a bid in $312,000 on a property that's worth $150,000
[01:55:17.420 --> 01:55:24.420]  Nobody's going to bid against it And then they're going to say Fannie Mae purchases for an electronic credit bid
[01:55:24.420 --> 01:55:28.420]  Wait a minute, if Fannie Mae isn't listed in public record
[01:55:28.420 --> 01:55:35.420]  The documents that we have exhibited in the court don't show Fannie Mae listed as payee on the tangible promissory note
[01:55:35.420 --> 01:55:43.420]  So how did they acquire? You need to go back to 3203D
[01:55:43.420 --> 01:55:51.420]  If the transfer purports to transfer less than the entire instrument, negotiation does not occur
[01:55:51.420 --> 01:56:01.420]  So all of these assignments, Randy, that are happening, they're only happening when we allow them to happen
[01:56:01.420 --> 01:56:08.420]  You hit it right on the head What was the beneficial interest?
[01:56:08.420 --> 01:56:13.420]  Who acquired what?
[01:56:13.420 --> 01:56:19.420]  What note was transferred when it says together with the note?
[01:56:19.420 --> 01:56:27.420]  You know, and all principal and interests Well, I didn't know that Fannie Mae was collecting payment on any of this
[01:56:27.420 --> 01:56:33.420]  How do they transfer all payments and interest?
[01:56:33.420 --> 01:56:41.420]  This puts me in a position where I need to do some research I need to find audit trails
[01:56:41.420 --> 01:56:50.420]  If we can show by an audit trail that a portion of the note
[01:56:50.420 --> 01:56:57.420]  A portion of the note as referenced by Covenant 20 A portion of the mortgage instrument
[01:56:57.420 --> 01:57:03.420]  Well, in this case, I'm referring to Covenant 20 That's in the deed of trust
[01:57:03.420 --> 01:57:12.420]  Where it authorizes the lender to sell a portion of the note or the entire note
[01:57:12.420 --> 01:57:21.420]  So I'm saying a portion of the note as defined in Covenant 20, if it has been sold
[01:57:21.420 --> 01:57:27.420]  Now they are allowed to do that, we've authorized them to do that
[01:57:27.420 --> 01:57:31.420]  But if they do do that, they've shot themselves in the foot
[01:57:31.420 --> 01:57:37.420]  And this goes to the fact that this is a free country
[01:57:37.420 --> 01:57:42.420]  And this is when I was overseas, this is people there were always in awe of our free country
[01:57:42.420 --> 01:57:47.420]  And I sometimes had to explain to them, you don't understand, we're not all rich
[01:57:47.420 --> 01:57:53.420]  This is a free country, you're free to get rich, you're also free to starve to death
[01:57:53.420 --> 01:57:56.420]  And you're free to screw yourself if you want to
[01:57:56.420 --> 01:58:03.420]  And it looks like that's what they do when they sell a portion of the note, right?
[01:58:03.420 --> 01:58:05.420]  Not the entire note
[01:58:05.420 --> 01:58:13.420]  This is where I need to research out and get a good effective argument that we can bring to the court
[01:58:13.420 --> 01:58:19.420]  Fraud and a factum, exactly, misrepresentation causes one to enter a transaction
[01:58:19.420 --> 01:58:22.420]  Without accurately realizing the risk
[01:58:22.420 --> 01:58:31.420]  And we can get into that after the break, but that is a great, great question
[01:58:31.420 --> 01:58:34.420]  Again, fraud and a factum is where it's going to go
[01:58:34.420 --> 01:58:40.420]  This is Joe Esquivel, Randy Kellan, Deborah Stevens, Rule of Law Radio
[01:58:40.420 --> 01:58:46.420]  We welcome your phone calls at 512-646-1984
[01:58:46.420 --> 01:58:49.420]  We'll be right back
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