ROL_2013-10-18_16k_Hr1-2.timecode

[00:00.000 --> 00:08.000]  You're listening to the Liberty Beat, your daily source for Liberty news and activist
[00:08.000 --> 00:16.000]  updates, online at TheLibertyBeat.com.
[00:16.000 --> 00:17.000]  This is Justin Armand.
[00:17.000 --> 00:19.000]  And this is Jessica Armand.
[00:19.000 --> 00:24.000]  Here with your Liberty Beat for Tuesday, October 17, 2013.
[00:24.000 --> 00:35.000]  Gold opens today at $1,317, silver at $22.03, and Bitcoin is trading at $141.84.
[00:35.000 --> 00:41.000]  The Liberty Beat is sponsored by Sons of Liberty Mint, specializing in usable and divisible
[00:41.000 --> 00:44.000]  silver, and known for their excellent customer service.
[00:44.000 --> 00:47.000]  Online at SonsofLibertyMint.com.
[00:47.000 --> 00:51.000]  That's S-U-N-S of LibertyMint.com.
[00:51.000 --> 00:57.000]  And from Central Texas Gunworks, CHL courses, self-defense training and firearm sales,
[00:57.000 --> 01:01.000]  online at CentralTexasGunworks.com.
[01:01.000 --> 01:03.000]  And now the news.
[01:03.000 --> 01:06.000]  The 16-day federal government shutdown comes to a close.
[01:06.000 --> 01:10.000]  That happens as the House and Senate negotiate a deal to end the closure,
[01:10.000 --> 01:12.000]  and President Obama signs off on the agreement.
[01:12.000 --> 01:17.000]  The Associated Press reports that the deal will fund government until January 15.
[01:17.000 --> 01:23.000]  Furloughed federal employees are expected to return to work today.
[01:23.000 --> 01:27.000]  It's back to school for a Greenville, South Carolina special needs student
[01:27.000 --> 01:30.000]  suspended for drawing a picture of a bomb.
[01:30.000 --> 01:35.000]  The boy's mother tells WTOC-TV it all started when young Rhett, who has autism,
[01:35.000 --> 01:37.000]  drew a cartoon-style bomb while at home.
[01:37.000 --> 01:42.000]  A fan of the video game Bomberman, Rhett took the picture to Hillcrest Middle School
[01:42.000 --> 01:43.000]  to show his fellow students.
[01:43.000 --> 01:48.000]  However, they turned him in to school officials who placed Rhett on indefinite suspension.
[01:48.000 --> 01:51.000]  Now, following a school hearing, which included an autism expert,
[01:51.000 --> 01:58.000]  Rhett is cleared and allowed to return to class.
[01:58.000 --> 02:03.000]  The NSA collaborates extensively with the CIA to make America's deadly drone program work.
[02:03.000 --> 02:08.000]  That's the latest revelation from documents leaked from former NSA contractor Edward Snowden.
[02:08.000 --> 02:12.000]  The Washington Post reports that the documents conclusively reveal
[02:12.000 --> 02:16.000]  that the drone program relies heavily on the NSA's ability to gather information
[02:16.000 --> 02:19.000]  from emails, phone calls, and other related data.
[02:19.000 --> 02:24.000]  The targeted killing drone program is usually portrayed as an exclusive CIA program.
[02:24.000 --> 02:29.000]  The Freedom of Health Care Protection Act criminalizes attempts to implement
[02:29.000 --> 02:33.000]  the controversial law and prohibits certain individuals from enforcing
[02:33.000 --> 02:37.000]  or attempting to enforce such unconstitutional laws.
[02:37.000 --> 02:42.000]  The law would empower the State Attorney General to restrain by temporary restraining order
[02:42.000 --> 02:46.000]  any person who attempted to cause harm to a person or business
[02:46.000 --> 02:49.000]  with the implementation of Obamacare.
[02:49.000 --> 02:52.000]  The bill now moves to the Senate Committee on Finance.
[02:52.000 --> 02:54.000]  You've been listening to the Liberty Beat.
[02:54.000 --> 03:08.000]  Remember, freeing your mind is freeing our world.
[03:25.000 --> 03:29.000]  Bad boys, bad boys, whatcha gonna do?
[03:29.000 --> 03:32.000]  Whatcha gonna do when they come for you?
[03:32.000 --> 03:35.000]  Bad boys, bad boys, whatcha gonna do?
[03:35.000 --> 03:38.000]  Whatcha gonna do when they come for you?
[03:38.000 --> 03:41.000]  When you were eight and you had bad traits
[03:41.000 --> 03:43.000]  You'd go to school and learn the golden rule
[03:43.000 --> 03:46.000]  So why are you acting like a bloody fool?
[03:46.000 --> 03:49.000]  If you get hot then you must get cool
[03:49.000 --> 03:52.000]  Bad boys, bad boys, whatcha gonna do?
[03:52.000 --> 03:54.000]  Whatcha gonna do when they come for you?
[03:54.000 --> 03:57.000]  Bad boys, bad boys, whatcha gonna do?
[03:57.000 --> 04:00.000]  Whatcha gonna do when they come for you?
[04:00.000 --> 04:03.000]  You took it on that one, you took it on this one
[04:03.000 --> 04:06.000]  You took it on your mother and you took it on your father
[04:06.000 --> 04:22.000]  Okay, this is Randy Kelton, Joe Esquivel, Deborah Stevens, Rule of Law Radio on Friday, October the 18th already.
[04:22.000 --> 04:29.000]  So tonight I want to start out by talking about the process.
[04:29.000 --> 04:43.000]  I've been working with foreclosure issues for a long time and we're gonna be, for the most part, spending the first two hours of the show on foreclosure issues.
[04:43.000 --> 04:59.000]  I had been doing a Wednesday night teleconference program but I'm having trouble with these teleconference call-in software.
[04:59.000 --> 05:08.000]  They seem to have a lot of trouble with it and doing a show every night is really beginning to wear on me.
[05:08.000 --> 05:17.000]  So we're gonna move that to tonight and I hope to get a number of people in the first two hours with foreclosure issues.
[05:17.000 --> 05:22.000]  So we're gonna talk about foreclosure generally for the first two hours.
[05:22.000 --> 05:29.000]  If I see a couple people online, if you have questions that are not on foreclosure, hang on.
[05:29.000 --> 05:39.000]  If we don't get a number of callers with foreclosure issues, I'll do a minor presentation and then we'll go right to calls.
[05:39.000 --> 05:43.000]  If we don't have any on foreclosure, we'll go right to whatever topic is up.
[05:43.000 --> 06:01.000]  But I did want to give a synopsis of if you have a foreclosure issue in the last five or six years of working with these issues, this is pretty much the process we have put together.
[06:01.000 --> 06:07.000]  Now, whatever, you know, you have a lot of people out there that's got magic bullets.
[06:07.000 --> 06:09.000]  I don't have any magic bullets.
[06:09.000 --> 06:13.000]  You have a lot of people out there who come and tell you they got all of these wins.
[06:13.000 --> 06:16.000]  I've got some wins.
[06:16.000 --> 06:24.000]  But for the most part, the real win that you get is you get the court to come to the table and make a deal.
[06:24.000 --> 06:31.000]  Or you can hold the court, hold the, I said courts, I mean the lender.
[06:31.000 --> 06:38.000]  Or you can hold the lender off for two, three, four, five years and just run them out of money.
[06:38.000 --> 06:42.000]  That's exactly what's been happening to the banks.
[06:42.000 --> 06:53.000]  In my experience, the lender will pay attention to nothing that you do unless you sue him.
[06:53.000 --> 07:00.000]  The only thing the lender will pay attention to are the courts, the judges.
[07:00.000 --> 07:04.000]  Now, they think they have them all purchased.
[07:04.000 --> 07:07.000]  And for the most part, it appears that they do.
[07:07.000 --> 07:19.000]  And we went into this whole program with the realization that for the most part, all of our judges are bought and paid for.
[07:19.000 --> 07:22.000]  Okay, maybe they're not.
[07:22.000 --> 07:25.000]  We don't care.
[07:25.000 --> 07:29.000]  We're going to treat them as if they're all bought and paid for.
[07:29.000 --> 07:38.000]  If you've ever looked at Jurisdictionary or listened to Dr. Graves when he was doing the Monday night shows,
[07:38.000 --> 07:49.000]  he would always tell you that the purpose of the trial court is for setting the record for appeal.
[07:49.000 --> 07:52.000]  So we don't care what the trial court rules.
[07:52.000 --> 08:00.000]  I know this may, for those of you who are not familiar with the process and who have grown up in this country
[08:00.000 --> 08:11.000]  where they feed you all this crap in high school, that this is not the way you've been told that it is.
[08:11.000 --> 08:15.000]  Well, things are not the way you've been told that it is.
[08:15.000 --> 08:24.000]  If you go before the court with a lawyer, what you can expect is that your lawyer will look at you
[08:24.000 --> 08:29.000]  and try to determine how much money he can squeeze out of you.
[08:29.000 --> 08:35.000]  The lawyer for the other side is going to look at their client, try to determine how much money they can squeeze out of their client.
[08:35.000 --> 08:39.000]  And once they've squeezed that much money out of each of their clients,
[08:39.000 --> 08:44.000]  then they're going to come together and see if they can come up with a deal that each of their clients can accept
[08:44.000 --> 08:48.000]  and not sue them for malpractice.
[08:48.000 --> 08:57.000]  Now that may not be right, but in the real world that you and I live in, lawyers are in business to make money.
[08:57.000 --> 09:02.000]  They are not in business to see how quickly they can get your case adjudicated.
[09:02.000 --> 09:07.000]  They are certainly not in business to see how much money they can save you.
[09:07.000 --> 09:14.000]  So we need to understand that going in, and you shouldn't be angry at the lawyers for running a business.
[09:14.000 --> 09:18.000]  They're just running a business, and this is how businesses work.
[09:18.000 --> 09:22.000]  We need to understand that.
[09:22.000 --> 09:30.000]  The judges may not rule against you out of hand at every turn,
[09:30.000 --> 09:37.000]  but you are foolish if you don't conduct yourself as if they will.
[09:37.000 --> 09:45.000]  And we put together a program, assuming that the courts are going to rule against us out of hand at every turn, we don't care.
[09:45.000 --> 09:48.000]  That's all we're doing setting the record for appeal anyway.
[09:48.000 --> 09:55.000]  It is in the appeals court that it's not so easy to buy the judges,
[09:55.000 --> 10:05.000]  because when those judges render decisions, when they render decisions that undermine standing law,
[10:05.000 --> 10:14.000]  those decisions can have unexpected consequences that can wreak havoc on their own clients,
[10:14.000 --> 10:18.000]  on the people that pay them to screw the little guy.
[10:18.000 --> 10:23.000]  If they're not careful how they render their appellate decisions, they can screw their own client.
[10:23.000 --> 10:34.000]  So at least the court of appeals takes some sort of care with how they render their rulings to screw the little guy.
[10:34.000 --> 10:40.000]  We're better off in the court of appeals than we are in the trial court.
[10:40.000 --> 10:47.000]  Well, with that said, we really don't care about either one of them, because in the end it's not about the law.
[10:47.000 --> 10:54.000]  You are not going to win your case simply because you have the law and the facts on your side.
[10:54.000 --> 10:59.000]  To think so is naive. It is not that way now.
[10:59.000 --> 11:04.000]  It never, ever has been that way since we've had judges.
[11:04.000 --> 11:19.000]  The plaque by a king petitioned in 5,500 years ago, an Akkadian king. Atadia came soon after Samaria,
[11:19.000 --> 11:25.000]  and Samaria was the first civilized society.
[11:25.000 --> 11:32.000]  He proclaimed in this pact that he was reasserting the old law because those in positions of power and influence
[11:32.000 --> 11:40.000]  have so perverted the law that the citizen can no longer achieve justice if this has been going on for 5,500 years.
[11:40.000 --> 11:43.000]  It's not going to change tomorrow.
[11:43.000 --> 11:51.000]  So forget about the idea of going to a court that's going to be honest and rule on law.
[11:51.000 --> 11:54.000]  That's not necessarily a problem.
[11:54.000 --> 12:00.000]  The only problem is when you don't understand what's actually going on.
[12:00.000 --> 12:07.000]  If you go into court expecting the court to rule on the facts and the law, you're going to be screwed.
[12:07.000 --> 12:15.000]  You're going to feel betrayed and mistreated and frustrated and angry.
[12:15.000 --> 12:26.000]  And you use up all of your energy in this anger and betrayal and you lose the will to continue the fight.
[12:26.000 --> 12:30.000]  That's exactly what they plan on.
[12:30.000 --> 12:38.000]  So the only thing that's going to get the lenders' attention is if you sue them.
[12:38.000 --> 12:43.000]  And when you sue them, you can expect the courts to rule against you out of hand at every turn.
[12:43.000 --> 12:47.000]  Okay, we got that part. We can accept that part.
[12:47.000 --> 12:53.000]  And we design an approach that takes that into account.
[12:53.000 --> 13:05.000]  The one primary thing we have going for us is that the courts are full of scoundrels.
[13:05.000 --> 13:07.000]  I know that sounds like the bad part.
[13:07.000 --> 13:09.000]  Okay, it is the bad part.
[13:09.000 --> 13:13.000]  We've got scoundrels in the courts and lawyers are scoundrels.
[13:13.000 --> 13:15.000]  They're even lion snakes.
[13:15.000 --> 13:17.000]  That's a problem.
[13:17.000 --> 13:23.000]  But that's also an advantage we have because these scoundrels know they're scoundrels.
[13:23.000 --> 13:27.000]  And they know the whole system is filled with scoundrels.
[13:27.000 --> 13:33.000]  So they put all of these protections in place, not to protect you,
[13:33.000 --> 13:41.000]  but to protect themselves from the other scoundrels so we can go in and use them.
[13:41.000 --> 13:47.000]  The main thing we have that we can use is time.
[13:47.000 --> 13:50.000]  We can take a lot of time.
[13:50.000 --> 13:58.000]  The one thing everybody complains about when they go to court, win, lose, or draw, takes forever.
[13:58.000 --> 14:05.000]  And if you're in a foreclosure situation, forever is great for you.
[14:05.000 --> 14:12.000]  But if you live in a house for the next 10 years while you're fighting them in court and not paying a mortgage,
[14:12.000 --> 14:15.000]  that is not a bad thing.
[14:15.000 --> 14:21.000]  If you've got $1,000, $1,500 a month mortgage and you fight them for 10 years,
[14:21.000 --> 14:23.000]  okay, it's a little struggle.
[14:23.000 --> 14:25.000]  It costs you a little bit of money.
[14:25.000 --> 14:31.000]  But relative to the amount you save, it's jump change.
[14:31.000 --> 14:35.000]  Everything is about the money.
[14:35.000 --> 14:45.000]  I had Ms. Leslie in Pennsylvania send me a receipt that she apparently received in error from the bank.
[14:45.000 --> 14:50.000]  They filed a Rule 12 motion to dismiss failure to state a claim
[14:50.000 --> 14:55.000]  and accidentally included the bill from the lawyer.
[14:55.000 --> 15:02.000]  The lawyer charged the bank $60,000 to produce the standard Rule 12 motion
[15:02.000 --> 15:07.000]  that he pulled out of his drawer and filled in the blanks on.
[15:07.000 --> 15:16.000]  The banks are now coming to the courts complaining that so many people are fighting foreclosure
[15:16.000 --> 15:20.000]  that they can't afford the litigation costs.
[15:20.000 --> 15:23.000]  Yahoo!
[15:23.000 --> 15:25.000]  This is how we win it.
[15:25.000 --> 15:30.000]  You will not win your case because you have the law and the facts on your side.
[15:30.000 --> 15:41.000]  You will win your case if you have the politics on your side and all politics is local.
[15:41.000 --> 15:47.000]  The primary political pressure is always money.
[15:47.000 --> 15:51.000]  As a pro se, we can cost them a lot of money.
[15:51.000 --> 15:54.000]  We hold them in courts until they get old.
[15:54.000 --> 15:57.000]  Bring them to the table to make a deal.
[15:57.000 --> 16:04.000]  Now the way we hold them in court is the first thing we do is we file a suit
[16:04.000 --> 16:15.000]  that demands that they show agency to represent a principal withstanding and capacity.
[16:15.000 --> 16:17.000]  We're about to go to break.
[16:17.000 --> 16:19.000]  Come back on the other side.
[16:19.000 --> 16:26.000]  I will walk through the standard actions that we have set up to take
[16:26.000 --> 16:30.000]  that has given us relatively good results.
[16:30.000 --> 16:32.000]  Nothing's 100%.
[16:32.000 --> 16:35.000]  But we have a set of steps that we take.
[16:35.000 --> 16:39.000]  We don't care what they do, everything they do.
[16:39.000 --> 16:44.000]  We have a thing to do after it so we can keep the courts tied up for a long time.
[16:44.000 --> 16:49.000]  This is Randy Kelton, Deborah Stevens, Joe Escobel, Rue de la Radio,
[16:49.000 --> 16:54.000]  our caller number, 512-646-1984.
[16:54.000 --> 17:00.000]  Give us a call, especially on topic, and we'll be right back.
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[18:47.000 --> 18:50.000]  Or email MichaelMears at yahoo.com.
[18:50.000 --> 18:52.000]  That's RuleOfLawRadio.com.
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[19:01.000 --> 19:05.000]  You are listening to the Logos Radio Network.
[19:05.000 --> 19:11.000]  LogosRadioNetwork.com.
[19:11.000 --> 19:33.000]  Thank you, Justin.
[19:33.000 --> 20:01.000]  We are back.
[20:01.000 --> 20:05.000]  Hey, we are back.
[20:05.000 --> 20:12.000]  And we're here with our very special Friday night co-host, Joe Esquivel.
[20:12.000 --> 20:15.000]  And I always tease him and call him Esquivel.
[20:15.000 --> 20:19.000]  And I have to struggle on the air not to pronounce it wrong.
[20:19.000 --> 20:20.000]  Okay.
[20:20.000 --> 20:26.000]  We started out by talking about the reality.
[20:26.000 --> 20:32.000]  The reality is it's just not the way they tell you in high school.
[20:32.000 --> 20:37.000]  You will not win your case because you have the facts on your side.
[20:37.000 --> 20:42.000]  You'll win your case if you can cost the other side enough money.
[20:42.000 --> 20:45.000]  It's always about the money.
[20:45.000 --> 20:47.000]  That's what Joe said on the break.
[20:47.000 --> 20:53.000]  They'll tell you it's not about the money, but it's always about the money.
[20:53.000 --> 21:00.000]  So in order to do this, expecting the courts to rule against us out of hand at every turn,
[21:00.000 --> 21:04.000]  the first thing we do is sue them.
[21:04.000 --> 21:16.000]  And the first thing we sue for is to determine facts.
[21:16.000 --> 21:19.000]  Who are you?
[21:19.000 --> 21:23.000]  They sent me this done letter.
[21:23.000 --> 21:26.000]  In the Uniform Commercial Code, they call it a presentation.
[21:26.000 --> 21:27.000]  I'm sorry.
[21:27.000 --> 21:29.000]  They call it a presentment.
[21:29.000 --> 21:37.000]  A presentment under the Uniform Commercial Code is demand for payment in United States dollars.
[21:37.000 --> 21:44.000]  If someone sends you a demand for payment in United States dollars,
[21:44.000 --> 21:53.000]  what do you know as opposed to what you think or deduce or figure?
[21:53.000 --> 21:56.000]  What do you actually know?
[21:56.000 --> 21:59.000]  In law, this is real important.
[21:59.000 --> 22:04.000]  In normal conversation, in order for us to have a reasonable conversation,
[22:04.000 --> 22:08.000]  we have to assume a whole lot of things.
[22:08.000 --> 22:14.000]  Otherwise, we're constantly asking people for so many minute nitpicking details
[22:14.000 --> 22:17.000]  that we can never get any kind of conversation done.
[22:17.000 --> 22:23.000]  But in court, we're not in normal conversation.
[22:23.000 --> 22:34.000]  In law, if anyone makes a proactive statement of fact or law,
[22:34.000 --> 22:44.000]  you must never accept what is given to you on faith.
[22:44.000 --> 22:47.000]  Faith may work out here, it may work in church,
[22:47.000 --> 22:51.000]  and it may work out here in the real world dealing with other human beings,
[22:51.000 --> 22:55.000]  because for the most part, people are honest and straightforward,
[22:55.000 --> 22:57.000]  and they try to do the right thing.
[22:57.000 --> 23:03.000]  But when you're dealing in law, this is a whole other animal.
[23:03.000 --> 23:10.000]  Anytime anyone makes a proactive statement of fact or law,
[23:10.000 --> 23:15.000]  if you do not challenge that statement of fact or law,
[23:15.000 --> 23:19.000]  it is presumed to be true and accurate.
[23:19.000 --> 23:24.000]  If you challenge that proactive statement of fact or law,
[23:24.000 --> 23:30.000]  then the other side has the duty to prove it up.
[23:30.000 --> 23:40.000]  So accept nothing, presuppose nothing,
[23:40.000 --> 23:44.000]  and this is much, much harder than it sounds.
[23:44.000 --> 23:50.000]  When someone sends you a demand for payment,
[23:50.000 --> 23:54.000]  I talk to people about this all the time,
[23:54.000 --> 24:02.000]  and they say, well, I got the loan with First City, and First City sold it to Bank of America,
[24:02.000 --> 24:04.000]  and Bank of America sold it to Wells Fargo,
[24:04.000 --> 24:08.000]  and I say, well, wait a minute, how do you know that?
[24:08.000 --> 24:11.000]  Well, First City was the one I got the loan with,
[24:11.000 --> 24:17.000]  and Bank of America, they immediately became the servicer.
[24:17.000 --> 24:21.000]  What does a servicer have to do with owning the note?
[24:21.000 --> 24:24.000]  Well, Luna once said they had to write the fact.
[24:24.000 --> 24:30.000]  So what do you know when somebody sends you a bill
[24:30.000 --> 24:37.000]  claiming that they're trying to collect money for this company?
[24:37.000 --> 24:41.000]  Say it is the original lender.
[24:41.000 --> 24:46.000]  Say you got your loan with First City Mortgage,
[24:46.000 --> 24:52.000]  and you get this letter from some lawyer or some person saying,
[24:52.000 --> 24:57.000]  I'm collecting this money for First City Mortgage.
[24:57.000 --> 25:01.000]  I look at that and I say, is that a fact, Jack?
[25:01.000 --> 25:05.000]  Well, I don't know you.
[25:05.000 --> 25:09.000]  I don't know that you are collecting this money for First City Mortgage.
[25:09.000 --> 25:12.000]  I know you sent me this letter, I got the letter,
[25:12.000 --> 25:18.000]  and I know your signatures on this letter, that I know,
[25:18.000 --> 25:29.000]  and I know that the letter purports to be sent to me by an agent for First City Mortgage.
[25:29.000 --> 25:34.000]  But I don't know that it was actually sent to me by an agent for First City Mortgage.
[25:34.000 --> 25:37.000]  I used to know a professional criminal,
[25:37.000 --> 25:46.000]  and his primary source of steady income was making up bills and sending them to companies.
[25:46.000 --> 25:50.000]  And at the time, this was back in the 60s,
[25:50.000 --> 25:53.000]  and he said, never send anything more than 25 bucks.
[25:53.000 --> 25:56.000]  Over 25 bucks, then they'll start noticing it.
[25:56.000 --> 25:59.000]  And today that would be about 75.
[25:59.000 --> 26:01.000]  Under 25 bucks, nobody notices.
[26:01.000 --> 26:06.000]  It goes into the company and they just sign it and they send it to your accountant and they pay the bill.
[26:06.000 --> 26:15.000]  If they pay the bill and they figure out that it was a bogus invoice,
[26:15.000 --> 26:17.000]  they don't have any option.
[26:17.000 --> 26:19.000]  They can't come after you.
[26:19.000 --> 26:21.000]  So they'll just pay it.
[26:21.000 --> 26:28.000]  Well, these people sending you debt demands to pay,
[26:28.000 --> 26:40.000]  they might actually be a bona fide agent of a lender with standing and capacity.
[26:40.000 --> 26:42.000]  And they might not.
[26:42.000 --> 26:44.000]  You don't know that.
[26:44.000 --> 26:47.000]  So when they send a demand for payment,
[26:47.000 --> 26:53.000]  the first thing you do is send them a debt validation letter disputing the debt
[26:53.000 --> 26:58.000]  demanding they prove up their agency standing and capacity.
[26:58.000 --> 26:59.000]  Well, for us, that's a throwaway suit.
[26:59.000 --> 27:02.000]  We don't care what they do with that thing.
[27:02.000 --> 27:04.000]  That's just a suit to beat them up with.
[27:04.000 --> 27:09.000]  Now, if you were a lawyer and you did a thing like that, the courts would sanction you.
[27:09.000 --> 27:10.000]  But we're not lawyers.
[27:10.000 --> 27:13.000]  They can kiss our behinds if they don't like it.
[27:13.000 --> 27:15.000]  We have a right to make the demand.
[27:15.000 --> 27:24.000]  We want to demand that you prove up complete chain of title from the original lender
[27:24.000 --> 27:28.000]  to whoever you allege to be acting as an agent for.
[27:28.000 --> 27:34.000]  And also, I need a copy of your agency agreement with your agent.
[27:34.000 --> 27:39.000]  Because right now we have lawyers just finding cases that are in foreclosure,
[27:39.000 --> 27:42.000]  and they just pick them up and adjudicate.
[27:42.000 --> 27:50.000]  And it's kind of an unwritten agreement between the banks or the debt collectors
[27:50.000 --> 27:55.000]  and the banks that if you collect our debt for us, we'll pay you an X amount of money.
[27:55.000 --> 27:58.000]  They do this for credit cards all the time.
[27:58.000 --> 28:07.000]  So if you claim to be an agent for a company, show me your contract with the company.
[28:07.000 --> 28:11.000]  You show me the contract, and I don't have a problem with you being an agent for the company.
[28:11.000 --> 28:22.000]  Now, I want to know if that company actually is a company that has a bona fide claim against me.
[28:22.000 --> 28:30.000]  Show me that there is a valid contract to which I am obligated,
[28:30.000 --> 28:43.000]  and that the holder of that contract and claim is, what's the term in the UCC, is in good standing,
[28:43.000 --> 28:47.000]  has it breached any of the, is not in dishonor.
[28:47.000 --> 28:56.000]  That's what I'm looking for, that the holder is not in dishonor of any law or any contractual stipulation.
[28:56.000 --> 28:59.000]  Show me all that, then we talk.
[28:59.000 --> 29:00.000]  And that's what the first suit is.
[29:00.000 --> 29:03.000]  If they throw that out, we don't care, we've got a whole bunch to follow that.
[29:03.000 --> 29:05.000]  Now, I'll talk to that when we come back on the other side.
[29:05.000 --> 29:10.000]  This is Randy Kelton, Joe Esquivel, Wheel of Law Radio.
[29:10.000 --> 29:16.000]  I'll probably spend one, maybe two more segments on this, and then I'll go to the callers.
[29:16.000 --> 29:20.000]  Chris from Pennsylvania, I'm certain you're going to be on topic.
[29:20.000 --> 29:26.000]  Mark in Wisconsin, I'm not sure, but as soon as I get done with this presentation, I'll get back to you.
[29:26.000 --> 29:28.000]  I've got to shorten it up a little bit.
[29:28.000 --> 29:36.000]  I know I'm going into a little extra detail, but it's important you understand what the primary issues are.
[29:36.000 --> 29:43.000]  Agency standing in capacity is the elephant in the corner for the banks.
[29:43.000 --> 29:47.000]  Artistic for them to overcome is agency standing in capacity.
[29:47.000 --> 29:52.000]  Okay, this is Randy Kelton, Dema Stevens, Joe Esquivel, Wheel of Law Radio.
[29:52.000 --> 29:59.000]  Call in number 512-646-1984, we'll be right back.
[29:59.000 --> 30:06.000]  We all laughed when cartoonist Scott Adams drew comics of cubicle hell,
[30:06.000 --> 30:09.000]  but his hero Dilbert now has science to back him up.
[30:09.000 --> 30:15.000]  I'm Dr. Catherine Albrecht, and I'll be back to tell you the downsides of the dreaded office cubicle.
[30:15.000 --> 30:17.000]  Privacy is under attack.
[30:17.000 --> 30:21.000]  When you give up data about yourself, you'll never get it back again.
[30:21.000 --> 30:26.000]  And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[30:26.000 --> 30:31.000]  So protect your rights, say no to surveillance, and keep your information to yourself.
[30:31.000 --> 30:34.000]  Privacy, it's worth hanging onto.
[30:34.000 --> 30:37.000]  This public service announcement is brought to you by StartPage.com,
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[30:44.000 --> 30:51.000]  Attention, managers. A recent study found that noisy offices slash worker productivity
[30:51.000 --> 30:53.000]  and reduced their well-being by a third.
[30:53.000 --> 30:57.000]  Open cubicles interfere with workers' concentration and their privacy,
[30:57.000 --> 31:02.000]  leading to insecurity when others can see what they type and hear their phone calls.
[31:02.000 --> 31:07.000]  Ninety percent of research reviewed confirmed that open offices have negative outcomes,
[31:07.000 --> 31:11.000]  including stress, conflict, high blood pressure, and high turnover.
[31:11.000 --> 31:15.000]  Management can help by providing quiet, uninterrupted workspaces for employees
[31:15.000 --> 31:18.000]  whose jobs require focus and concentration.
[31:18.000 --> 31:24.000]  Now, if I could just find a quiet place to think, I'll put that in a memo to the pointy-haired boss.
[31:24.000 --> 31:30.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[31:30.000 --> 31:36.000]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[31:36.000 --> 31:38.000]  The government says that fire brought it down.
[31:38.000 --> 31:43.000]  Over 1,500 architects and engineers concluded it was a controlled demolition.
[31:43.000 --> 31:46.000]  Over 6,000 of my fellow service members have given their lives.
[31:46.000 --> 31:49.000]  Thousands of my fellow first responders are dying.
[31:49.000 --> 31:51.000]  I'm not a conspiracy theorist. I'm a structural engineer.
[31:51.000 --> 31:53.000]  I'm a New York City correction officer. I'm an Air Force pilot.
[31:53.000 --> 31:58.000]  I'm a father who lost his son. We're Americans, and we deserve the truth.
[31:58.000 --> 32:01.000]  Go to RememberBuilding7.org today.
[32:01.000 --> 32:05.000]  Do you feel tired when talking about important topics like money and politics?
[32:05.000 --> 32:08.000]  Are you confused by words like the Constitution or the Federal Reserve?
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[32:09.000 --> 32:13.000]  If so, you may be diagnosed with the deadliest disease known today, stupidity.
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[32:20.000 --> 32:26.000]  I had no idea that the number one cause of the disease is found in almost every home in America, the television.
[32:26.000 --> 32:31.000]  Unfortunately, that puts most Americans at risk of catching stupidity, but there is hope.
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[33:01.000 --> 33:12.000]  You're listening to the Logos Radio Network at logosradionetwork.com.
[33:12.000 --> 33:29.000]  Yeah, I got a warrant, and I'm going to solve them, to help government them, prosecute them. Okay.
[33:29.000 --> 33:43.000]  Oh, sir.
[33:59.000 --> 34:02.000]  That's why we have a warrant for you.
[34:02.000 --> 34:04.000]  You better listen carefully.
[34:04.000 --> 34:06.000]  Listen to the words of the issues passing.
[34:06.000 --> 34:08.000]  This is arrest.
[34:08.000 --> 34:11.000]  I'm established.
[34:11.000 --> 34:13.000]  I'm going to warrant.
[34:13.000 --> 34:14.000]  Okay.
[34:14.000 --> 34:15.000]  We are back.
[34:15.000 --> 34:19.000]  Randy Kelton, Deborah Stevens, Joe Esquivel, Wood of Law Radio.
[34:19.000 --> 34:21.000]  And we're talking about the process.
[34:21.000 --> 34:32.000]  The first thing you do is if you get a presentment, a demand for payment of the United States dollars, you send them a debt validation letter saying,
[34:32.000 --> 34:33.000]  I don't know who you are.
[34:33.000 --> 34:35.000]  I don't know who your principal is.
[34:35.000 --> 34:38.000]  I don't know that I owe you any money.
[34:38.000 --> 34:39.000]  You made this claim.
[34:39.000 --> 34:41.000]  Prove it up.
[34:41.000 --> 35:01.000]  That, under the consumer protection laws, subjects the debtor to statutory estoppel from any further collections until they prove up agency standing and capacity.
[35:01.000 --> 35:06.000]  They always ignore that and send you garbage documents back that don't go to the issue.
[35:06.000 --> 35:25.000]  And in our debt validation letters, and you should always put this in there, you request opportunity to examine the original debt instrument under the Uniform Commercial Code.
[35:25.000 --> 35:30.000]  When you request it, the lender is required to present it.
[35:30.000 --> 35:35.000]  If he fails to do so, you may cease all payment without dishonor.
[35:35.000 --> 35:38.000]  So debt validation letter first.
[35:38.000 --> 35:44.000]  Then you file a suit demanding that they show agency standing and capacity.
[35:44.000 --> 35:57.000]  When you file that suit, no matter what you put in that suit, and we generally file this in the federal court, the lender is going to come back with a Rule 12 motion to dismiss,
[35:57.000 --> 35:59.000]  fail to state a claim, which can't be had.
[35:59.000 --> 36:03.000]  He's going to put a bunch of garbage in there saying, oh, you got this debt.
[36:03.000 --> 36:05.000]  You're just a deadbeat.
[36:05.000 --> 36:07.000]  You don't want to pay your bills.
[36:07.000 --> 36:10.000]  None of that's before the court.
[36:10.000 --> 36:20.000]  The only thing that is before the court, agency of the agent to represent a principal with standing and capacity.
[36:20.000 --> 36:22.000]  So he sends this Rule 12.
[36:22.000 --> 36:25.000]  The court will always grant a Rule 12.
[36:25.000 --> 36:28.000]  So they send the Rule 12.
[36:28.000 --> 36:30.000]  We got 10 days to respond to the Rule 12.
[36:30.000 --> 36:33.000]  We send a response to the Rule 12.
[36:33.000 --> 36:48.000]  In the Rule 12, what we do is from the time we file the original suit, then I will look at the county records and do an evaluation of the problems in the county records and always find lots of them.
[36:48.000 --> 36:56.000]  The lender will come back with the standard Rule 12 PS, and then we'll come back with this response to their Rule 12.
[36:56.000 --> 36:59.000]  Each one of these takes time.
[36:59.000 --> 37:12.000]  I say, Your Honor, the reason we filed this demand that they show agency standing and capacity is that we have reason to believe that they don't have agency standing and capacity.
[37:12.000 --> 37:14.000]  And here's the reason we have to believe it.
[37:14.000 --> 37:18.000]  I give them the evaluation of the county records.
[37:18.000 --> 37:26.000]  And depending on the nature of what I find, we'll probably want a chain of title analysis.
[37:26.000 --> 37:43.000]  And Joe Esquivel gives us a good one because he can show that this guy who claims to have standing, we can show that he sold off the beneficial interest, so he no longer has standing.
[37:43.000 --> 37:49.000]  We sit in this end, and the lawyer will say, the dirty rotten rascals, they bushwhacked us.
[37:49.000 --> 37:57.000]  The lawyer, if he filed this suit, he would have to state all these claims up front, or the courts get kind of testy.
[37:57.000 --> 38:00.000]  They don't like trial by bushwhack.
[38:00.000 --> 38:02.000]  But we're just dumb proceeds.
[38:02.000 --> 38:03.000]  We don't know any better.
[38:03.000 --> 38:05.000]  And we love trial by bushwhack.
[38:05.000 --> 38:09.000]  So we challenge agency standing and capacity.
[38:09.000 --> 38:13.000]  They come back with the Rule 12 motion to dismiss, fail to state a claim.
[38:13.000 --> 38:22.000]  And then we come back with the opposition to the Rule 12 and give them a whole bunch of facts and reasons why they shouldn't dismiss.
[38:22.000 --> 38:24.000]  The judge is going to dismiss.
[38:24.000 --> 38:26.000]  We don't care.
[38:26.000 --> 38:31.000]  Because we're going to take that response to the Rule 12, make some changes to it.
[38:31.000 --> 38:34.000]  We file it as a motion for reconsideration.
[38:34.000 --> 38:37.000]  That stops the appeals clock.
[38:37.000 --> 38:42.000]  The other side is going to file an opposition to our motion for reconsideration.
[38:42.000 --> 38:48.000]  We have opportunity to file a response to their or an answer.
[38:48.000 --> 38:49.000]  We'll file the motion.
[38:49.000 --> 38:50.000]  They'll file an answer.
[38:50.000 --> 38:53.000]  We'll file a response to their answer.
[38:53.000 --> 38:57.000]  And the judge is going to deny reconsideration.
[38:57.000 --> 38:59.000]  And then we're going to file a notice of appeal.
[38:59.000 --> 39:04.000]  We've got 60 days, 10 days to file a notice of appeal, 60 days to actually file the appeal.
[39:04.000 --> 39:10.000]  And the court will take any court from six months to a year to hear the appeal.
[39:10.000 --> 39:14.000]  And they'll always deny the appeal.
[39:14.000 --> 39:17.000]  At least we expect them to.
[39:17.000 --> 39:30.000]  And when they deny the appeal, generally when this occurs, the lender who's trying to foreclose, he has to look at this and say,
[39:30.000 --> 39:47.000]  if I pursue foreclosure and I get this guy thrown out of that property and I lose one primary point in all of his arguments, I am scurrued.
[39:47.000 --> 39:57.000]  Not only do I have to reverse the foreclosure, but now I've caused this guy all of this harm by doing the foreclosure.
[39:57.000 --> 40:05.000]  My debt, my claim, the claims against me will increase astronomically.
[40:05.000 --> 40:09.000]  So almost always they stop any foreclosure proceeding.
[40:09.000 --> 40:26.000]  If they don't, then if you're in a deed of trust state or you have a trustee, a trustee can prosecute the foreclosure and he is immune from suit.
[40:26.000 --> 40:30.000]  So long as he acts in good faith.
[40:30.000 --> 40:39.000]  So when you file suit, if a foreclosure is in process, you send a copy of the suit to the trustee.
[40:39.000 --> 40:47.000]  Now he has noticed that there's a challenge to the claim of the foreclosing agent.
[40:47.000 --> 40:55.000]  He can no longer claim that he prosecuted the foreclosure in good faith and now he's subject to civil suit.
[40:55.000 --> 41:03.000]  If you're going to be foreclosed on in a couple of days, get a letter to the trustee and tell the trustee that there's a claim against title,
[41:03.000 --> 41:12.000]  that the foreclosure that he's attempting to prosecute is improper and illegal and if you prosecute this, I'll sue you away from Sunday.
[41:12.000 --> 41:20.000]  As a rule, the trustee will run like a rabbit because he does not want to be sued for this.
[41:20.000 --> 41:26.000]  So that will generally stop the foreclosure. That generally works once or twice.
[41:26.000 --> 41:36.000]  But once you have the lawsuit in, then it's harder for them to get the trustee to do the foreclosure.
[41:36.000 --> 41:45.000]  What I'm going to is, is there's nothing that statutorily stops the bank from pursuing the foreclosure.
[41:45.000 --> 41:50.000]  It is the reality that will stop them from pursuing the foreclosure.
[41:50.000 --> 41:59.000]  They were looking at the possibility of greatly increased litigation costs if they lose one of these issues.
[41:59.000 --> 42:05.000]  So they will generally stop. Not, it's been concrete, but generally they will.
[42:05.000 --> 42:15.000]  That's the first. As soon as that one's done, we can come back with a petition for declaratory judgment.
[42:15.000 --> 42:20.000]  Declaratory judgment attacks the mortgage or the deed of trust, the security instrument.
[42:20.000 --> 42:26.000]  And we can always find brief keys of contract.
[42:26.000 --> 42:33.000]  There's a lot of talk out there about bifurcation and securitization and whether merge is legal or not.
[42:33.000 --> 42:38.000]  Those are much more difficult arguments. And we tend not to go there.
[42:38.000 --> 42:44.000]  We go straight to breach of contract. Breach of contract is really easy to put in front of the judge.
[42:44.000 --> 42:55.000]  And if the judge rules on breach of contract, he only rules on this particular case in this particular circumstance.
[42:55.000 --> 43:01.000]  It does not change the world if he knows it.
[43:01.000 --> 43:08.000]  Judges hate to change the world as they know it. They like really simple, hard and fast.
[43:08.000 --> 43:13.000]  The contract says this. They did that. Breaches this covenant.
[43:13.000 --> 43:17.000]  It only affects this contract. It's a lot easier to get a approval in your favor.
[43:17.000 --> 43:23.000]  So we go in with a petition for declaratory judgment.
[43:23.000 --> 43:28.000]  You do that if it's prior to a foreclosure sale.
[43:28.000 --> 43:31.000]  If it's after a foreclosure sale.
[43:31.000 --> 43:36.000]  If you're in Texas, you go in with a trespass to try a title.
[43:36.000 --> 43:40.000]  If you're in most other states, you go in with a quiet title action.
[43:40.000 --> 43:47.000]  This creates a claim against title and stops the eviction court from granting eviction.
[43:47.000 --> 43:54.000]  This is Granny Kelton Debra Stevens, Root of Law Radio. I'll call in number 512-646-1984.
[43:54.000 --> 43:59.000]  Finish this up on the other side and then we'll go to cause. We'll be right back.
[44:24.000 --> 44:49.000]  We'll be right back.
[44:54.000 --> 45:04.000]  Are you the plaintiff or defendant in a lawsuit?
[45:04.000 --> 45:07.000]  Win your case without an attorney with Jurisdictionary.
[45:07.000 --> 45:15.000]  The affordable, easy to understand, core CD course that will show you how in 24 hours, step by step.
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[45:56.000 --> 46:24.000]  or call toll free 866-LAW-EZ.
[46:24.000 --> 46:30.000]  Always, I must be careful what I'm wishing for.
[46:30.000 --> 46:35.000]  When I'm hungry, I like to know just what I'm fishing for.
[46:35.000 --> 46:41.000]  I ain't asking for much, I ain't trying to be no glutton.
[46:41.000 --> 46:47.000]  I'm just here making my living pushing buttons.
[46:47.000 --> 46:53.000]  I give my message out to anyone in shout and distance.
[46:53.000 --> 46:57.000]  Vote for bravery and against slavery.
[46:57.000 --> 47:01.000]  Show me resistance.
[47:01.000 --> 47:07.000]  Okay, we are back. Brandy Kelton, Joe Esquivel, Deborah Stevens,
[47:07.000 --> 47:11.000]  we're on the radio and we're talking about the process.
[47:11.000 --> 47:16.000]  First thing is we don't shoot off all of our guns at once.
[47:16.000 --> 47:20.000]  This is sometimes hard for people to wrap their head around.
[47:20.000 --> 47:24.000]  We got all this stuff to throw at them.
[47:24.000 --> 47:30.000]  We need to be really smart about how we toss our grenades.
[47:30.000 --> 47:38.000]  First one is a throwaway suit. We don't care because what the idea of the first suit is,
[47:38.000 --> 47:44.000]  we go to the court and say, Your Honor, we got all of these claims against these guys.
[47:44.000 --> 47:48.000]  They did all this rotten stuff.
[47:48.000 --> 47:52.000]  We want to make sure that we're not shooting the wrong guy.
[47:52.000 --> 47:59.000]  Second, it's inappropriate to sue this poor schlep if all he is is dead.
[47:59.000 --> 48:03.000]  It won't have anything to do with all of this other garbage that went on.
[48:03.000 --> 48:09.000]  It'd be wrong to sue him. Whoever hired him may have been lying to him.
[48:09.000 --> 48:13.000]  So we want to make sure we got the right people when we bring all these ugly charges we got.
[48:13.000 --> 48:16.000]  That's the reason we filed this simple suit.
[48:16.000 --> 48:18.000]  Throw it out.
[48:18.000 --> 48:20.000]  Rule 12.
[48:20.000 --> 48:22.000]  Dismiss.
[48:22.000 --> 48:24.000]  Opposing rule 12.
[48:24.000 --> 48:27.000]  Possibly an answer to the opposition.
[48:27.000 --> 48:29.000]  Dismiss.
[48:29.000 --> 48:32.000]  Motion for reconsideration.
[48:32.000 --> 48:36.000]  Answer to motion for reconsideration.
[48:36.000 --> 48:38.000]  Respond to answer to motion for reconsideration.
[48:38.000 --> 48:40.000]  Deny motion for reconsideration.
[48:40.000 --> 48:43.000]  Notice of appeal.
[48:43.000 --> 48:46.000]  60 days to file the appeal. File the appeal.
[48:46.000 --> 48:48.000]  Six months to hear the appeal.
[48:48.000 --> 48:50.000]  They throw it out.
[48:50.000 --> 48:54.000]  Could go for a certiorari to the Supreme Court, but we don't need to.
[48:54.000 --> 48:57.000]  Too complex, too difficult.
[48:57.000 --> 48:59.000]  We won't do it anyway.
[48:59.000 --> 49:01.000]  We got other stuff.
[49:01.000 --> 49:08.000]  Next thing we go to is a petition for declaratory judgment.
[49:08.000 --> 49:13.000]  Even if we have not been foreclosed on already.
[49:13.000 --> 49:25.000]  Once you get foreclosed on, now you have an issue with a general justice court or a lower court, so 120 court of auto,
[49:25.000 --> 49:34.000]  who will sit for the singular purpose of determining who has the right to possession of the property.
[49:34.000 --> 49:42.000]  The only thing that will stop that guy is a challenge to title.
[49:42.000 --> 49:49.000]  Either a quiet title, and that will be, in most states, it will be a quiet title action.
[49:49.000 --> 49:54.000]  In Texas, the exclusive remedy is trespass to try to title.
[49:54.000 --> 49:55.000]  It's actually the same thing.
[49:55.000 --> 49:57.000]  You've got different names for it.
[49:57.000 --> 50:02.000]  If you haven't been foreclosed on it, you're trying to forestall foreclosure,
[50:02.000 --> 50:06.000]  then you go to the court with a petition for declaratory judgment,
[50:06.000 --> 50:15.000]  and this is simpler because there are no real protagonists here.
[50:15.000 --> 50:24.000]  You go to the court and say, Your Honor, we have this document that has been filed in the county record,
[50:24.000 --> 50:31.000]  and this is a suit with the purpose of correcting the public record.
[50:31.000 --> 50:38.000]  We have reason to believe and do believe that this document has been filed in error
[50:38.000 --> 50:49.000]  because the document itself, when it was filed, did not meet the statutory requirements for filing.
[50:49.000 --> 50:53.000]  Then we go through all of the things we find wrong with this document.
[50:53.000 --> 51:05.000]  We ask the court to rule that based on all of this, this particular document did not meet the statutory filing requirements
[51:05.000 --> 51:13.000]  and ask the court to rule that the document is void and unenforceable.
[51:13.000 --> 51:20.000]  Now, whoever filed this document, they certainly had the option of doing it right.
[51:20.000 --> 51:26.000]  They should have done it right in the first place, but they didn't, so they still had the option of doing it right.
[51:26.000 --> 51:34.000]  So we're not asking the court to rule against a claim by a lender
[51:34.000 --> 51:39.000]  because this document doesn't go to the note.
[51:39.000 --> 51:44.000]  Note is a note, and the debt instrument is the debt instrument.
[51:44.000 --> 51:49.000]  We're not talking about debt instrument. We're talking about the security instrument.
[51:49.000 --> 51:58.000]  We're only talking about the security instrument in relation to its filing in the record of the court
[51:58.000 --> 52:03.000]  and ask the judge to rule based on the four corners of this document
[52:03.000 --> 52:11.000]  so that his ruling affects nothing but this particular document in this particular set of circumstances.
[52:11.000 --> 52:22.000]  A lot easier for the judge to wrap his head around than some blanket overall argument of securitization or bifurcation
[52:22.000 --> 52:28.000]  or whether or not this massive corporation merge is a valid company or not.
[52:28.000 --> 52:31.000]  The judges hate to go there.
[52:31.000 --> 52:34.000]  A lot easier to give them something simple to rule on.
[52:34.000 --> 52:42.000]  So you do a declaratory judgment. In a declaratory judgment, ask for nothing else
[52:42.000 --> 52:50.000]  but a ruling that this document is insufficient for filing, no damages.
[52:50.000 --> 53:00.000]  You do not ask for any decision concerning the validity of the underlying claim.
[53:00.000 --> 53:05.000]  The judges will use that to screw you with.
[53:05.000 --> 53:07.000]  They'll give you your ruling.
[53:07.000 --> 53:14.000]  The other side will appeal the ruling, and the appeals court will throw it out every time.
[53:14.000 --> 53:22.000]  So only ask in a declaratory judgment for a ruling on the validity of the document.
[53:22.000 --> 53:28.000]  If you get that document thrown out, the bank is screwed.
[53:28.000 --> 53:32.000]  Now what you're going to have when you go in for declaratory judgment
[53:32.000 --> 53:36.000]  is either a warranty deed, signing the property to somebody else,
[53:36.000 --> 53:45.000]  or another security instrument establishing a claim for somebody else.
[53:45.000 --> 53:49.000]  And when the judge rules that this security instrument is void and unenforceable,
[53:49.000 --> 53:56.000]  you run down to the clerk and drop in your new claim against the property.
[53:56.000 --> 54:04.000]  This is how it works. First in time is first in line.
[54:04.000 --> 54:09.000]  So you ask the judge to rule that this document was filed in properly
[54:09.000 --> 54:14.000]  with the presumption that whoever filed it could come back and do it right.
[54:14.000 --> 54:17.000]  Well, they can, which you're not going to tell the judge.
[54:17.000 --> 54:22.000]  You've got a claim in your back pocket that as soon as he gives you the ruling,
[54:22.000 --> 54:26.000]  you're going to drop it in the court.
[54:26.000 --> 54:33.000]  And then if they come back and fix their document and file it, well, it lands behind yours.
[54:33.000 --> 54:38.000]  The date on the document is not when the document becomes enforceable.
[54:38.000 --> 54:45.000]  The document becomes enforceable on the date it's filed in the public record.
[54:45.000 --> 54:51.000]  So if you have a lien filed in the public record prior to their lien,
[54:51.000 --> 54:55.000]  their lien stands behind your lien.
[54:55.000 --> 54:59.000]  That doesn't mean they can't get the courts to throw out your lien,
[54:59.000 --> 55:02.000]  but it's going to cost them a lot of money, a lot of time,
[55:02.000 --> 55:04.000]  and there's a chance they won't get it done.
[55:04.000 --> 55:06.000]  It's more likely to bring them to the table.
[55:06.000 --> 55:08.000]  That's declaratory judgment.
[55:08.000 --> 55:11.000]  The next thing, if you've already been foreclosed on,
[55:11.000 --> 55:20.000]  you take the declaratory judgment filing and you turn it into a petition for quiet title.
[55:20.000 --> 55:30.000]  You ask for the court to quiet the title as concerns this particular document.
[55:30.000 --> 55:33.000]  Don't name them all.
[55:33.000 --> 55:40.000]  If they're a bunch of appointment substitute trustee and corporate assignments
[55:40.000 --> 55:43.000]  and deed of trust, don't go after those yet.
[55:43.000 --> 55:47.000]  Just go after the security instrument first.
[55:47.000 --> 55:52.000]  If you win that one, you've won the whole enchilada.
[55:52.000 --> 56:00.000]  If you don't win that one, then you come back and go after an appointment or assignment.
[56:00.000 --> 56:04.000]  And here's where, on the declaratory judgment,
[56:04.000 --> 56:13.000]  a chain of title is not always necessary because you're looking at the structure of the document.
[56:13.000 --> 56:19.000]  And if it's a deed of trust, Fannie Mae Freddie Mac uniformed instrument,
[56:19.000 --> 56:24.000]  I think the guy who wrote that was on Coke.
[56:24.000 --> 56:27.000]  No normal human being can read that and make sense of it.
[56:27.000 --> 56:32.000]  We have courts all over the country trying to figure out what the heck a nominee is,
[56:32.000 --> 56:39.000]  what position Merz has, who holds legal title, trustee or Merz.
[56:39.000 --> 56:46.000]  There's a lot of issues in there that whoever wrote that did a horrible job of putting the document together
[56:46.000 --> 56:49.000]  so we can rip that thing to pieces.
[56:49.000 --> 56:54.000]  So if we can get the deed of trust gone, we win the whole enchilada.
[56:54.000 --> 56:59.000]  If not, then separately we go after each subsequent filing.
[56:59.000 --> 57:04.000]  What this is going to do is cost the bank a fortune.
[57:04.000 --> 57:09.000]  Every time a lawyer files a garbage pleading, we bargain with him.
[57:09.000 --> 57:17.000]  Every time the judge renders a ruling we don't like, we file a judicial conduct complaint against him.
[57:17.000 --> 57:19.000]  We don't care that they don't like it.
[57:19.000 --> 57:23.000]  You don't care if the judge is upset with you.
[57:23.000 --> 57:28.000]  He's going to screw you every way from Sunday anyway.
[57:28.000 --> 57:34.000]  He's less likely to screw you if you're in the process of screwing him back.
[57:34.000 --> 57:37.000]  He's going to want you off his behind.
[57:37.000 --> 57:40.000]  This is how it works in the real world we live in.
[57:40.000 --> 57:48.000]  You got lawyer coming in here filing garbage pleading, you bargain, you double his malpractice insurance.
[57:48.000 --> 57:52.000]  Doesn't matter if your bargain is valid or invalid, it don't matter.
[57:52.000 --> 57:54.000]  They're going to double his malpractice insurance.
[57:54.000 --> 57:57.000]  I know that's not fair.
[57:57.000 --> 57:59.000]  Life is tough.
[57:59.000 --> 58:02.000]  I kind of went through the whole spiel.
[58:02.000 --> 58:07.000]  When we come back on the other side, we'll start going to calls and questions.
[58:07.000 --> 58:17.000]  This is Randy Kelton, Deborah Stevens, Joe Esquivel with La Radio, and Chris from Pennsylvania, Mark from Wisconsin, Debbie in Texas.
[58:17.000 --> 58:20.000]  I thank you guys for hanging on.
[58:20.000 --> 58:23.000]  We will start picking up these calls when we come back on the other side.
[58:23.000 --> 58:26.000]  I don't believe I've talked an hour.
[58:26.000 --> 58:28.000]  I tend to do that.
[58:28.000 --> 58:39.000]  If you have questions or comments and you want to get in and give us a call, get in line, as the show goes on, the calls tend to build up.
[58:39.000 --> 58:46.000]  We'll start taking the calls, but if you want to get your question in, make sure you call in early.
[58:46.000 --> 58:56.000]  We'll be right back.
[59:16.000 --> 59:26.000]  We'll be right back.
[59:46.000 --> 59:51.000]  Call us online at bfa.org.
[59:51.000 --> 01:00:03.000]  Live free speech radio, logosradionetwork.com.
[01:00:03.000 --> 01:00:16.000]  You're listening to the Liberty Beat, your daily source for Liberty news and activist updates, online at thelibertybeat.com.
[01:00:16.000 --> 01:00:17.000]  This is Justin Armand.
[01:00:17.000 --> 01:00:19.000]  And this is Jessica Armand.
[01:00:19.000 --> 01:00:24.000]  Here with your Liberty Beat for Tuesday, October 17, 2013.
[01:00:24.000 --> 01:00:36.000]  Gold opened today at $1,317, silver at $22.03, and Bitcoin is trading at $141.84.
[01:00:36.000 --> 01:00:45.000]  The Liberty Beat is sponsored by Sons of Liberty Mint, specializing in usable and divisible silver and known for their excellent customer service.
[01:00:45.000 --> 01:00:48.000]  Online at sonsoflibertymint.com.
[01:00:48.000 --> 01:00:51.000]  That's S-U-N-S of libertymint.com.
[01:00:51.000 --> 01:01:01.000]  And from Central Texas Gun Works, CHL courses, self-defense training and firearm sales, online at centraltexasgunworks.com.
[01:01:01.000 --> 01:01:03.000]  And now the news.
[01:01:03.000 --> 01:01:06.000]  The 16-day federal government shutdown comes to a close.
[01:01:06.000 --> 01:01:12.000]  That happens as the House and Senate negotiate a deal to end the closure and President Obama signs off on the agreement.
[01:01:12.000 --> 01:01:17.000]  The Associated Press reports that the deal will fund government until January 15.
[01:01:17.000 --> 01:01:23.000]  Furloughed federal employees are expected to return to work today.
[01:01:23.000 --> 01:01:30.000]  It's back to school for a Greenville, South Carolina special needs student suspended for drawing a picture of a bomb.
[01:01:30.000 --> 01:01:37.000]  The boy's mother tells WTOC-TV it all started when young Rhett, who has autism, drew a cartoon-style bomb while at home.
[01:01:37.000 --> 01:01:43.000]  A fan of the video game Bomberman, Rhett took the picture to Hillcrest Middle School to show his fellow students.
[01:01:43.000 --> 01:01:48.000]  However, they turned him in to school officials who placed Rhett on indefinite suspension.
[01:01:48.000 --> 01:01:58.000]  Now, following a school hearing, which included an autism expert, Rhett is cleared and allowed to return to class.
[01:01:58.000 --> 01:02:03.000]  The NSA collaborates extensively with the CIA to make America's deadly drone program work.
[01:02:03.000 --> 01:02:08.000]  That's the latest revelation from documents leaked from former NSA contractor Edward Snowden.
[01:02:08.000 --> 01:02:19.000]  The Washington Post reports that the documents conclusively reveal that the drone program relies heavily on the NSA's ability to gather information from emails, phone calls, and other related data.
[01:02:19.000 --> 01:02:24.000]  The targeted killing drone program is usually portrayed as an exclusive CIA program.
[01:02:24.000 --> 01:02:30.000]  The Freedom of Healthcare Protection Act criminalizes attempts to implement the controversial law
[01:02:30.000 --> 01:02:37.000]  and prohibits certain individuals from enforcing or attempting to enforce such unconstitutional laws.
[01:02:37.000 --> 01:02:42.000]  The law would empower the State Attorney General to restrain by temporary restraining order
[01:02:42.000 --> 01:02:49.000]  any person who attempted to cause harm to a person or business with the implementation of Obamacare.
[01:02:49.000 --> 01:02:52.000]  The bill now moves to the Senate Committee on Finance.
[01:02:52.000 --> 01:03:00.000]  You've been listening to the Liberty Beat. Remember, freeing your mind is freeing our world.
[01:03:00.000 --> 01:03:10.000]  It's all according to the will of the Almighty.
[01:03:10.000 --> 01:03:18.000]  I read his book and it says he cares not for the unsightly.
[01:03:18.000 --> 01:03:25.000]  These warm underscum by that term rightly.
[01:03:25.000 --> 01:03:39.000]  Okay, we are back. Randy Kelton, Deborah Stevens, Joe Esquivel, Rule of Law Radio.
[01:03:39.000 --> 01:03:45.000]  And we're going to go to Chris in Pennsylvania, but there's one thing I'd like to do before I go there.
[01:03:45.000 --> 01:03:48.000]  We have Steve Skidmore in the background.
[01:03:48.000 --> 01:03:55.000]  And on one of the breaks he was talking about costs to the banks for litigation.
[01:03:55.000 --> 01:04:02.000]  Steve, will you go over that quickly so people get an idea of what it's actually costing the banks?
[01:04:02.000 --> 01:04:05.000]  Absolutely. I bring this thing into perspective.
[01:04:05.000 --> 01:04:08.000]  You think that your little old lawsuit doesn't do anything,
[01:04:08.000 --> 01:04:13.000]  well, your little old lawsuit might not but put several thousands of them together
[01:04:13.000 --> 01:04:17.000]  and you get articles like this one from CNN Money
[01:04:17.000 --> 01:04:23.000]  in where it states the banks and speaking about, wait a minute,
[01:04:23.000 --> 01:04:30.000]  this was published October 11, 2013.
[01:04:30.000 --> 01:04:40.000]  And the second paragraph says that the bank's legal tab for the third quarter was 7.2 billion,
[01:04:40.000 --> 01:04:49.000]  that's B as in Bravo, billion, 7.2 billion after taxes.
[01:04:49.000 --> 01:04:55.000]  Diamond called this quarterly loss, quote, painful, end quote,
[01:04:55.000 --> 01:05:06.000]  and warned that litigation costs could continue to be a drag on the earnings of several quarters.
[01:05:06.000 --> 01:05:12.000]  Yeah, it has an impact.
[01:05:12.000 --> 01:05:18.000]  We're giving them reason to come to the table and make this thing go away.
[01:05:18.000 --> 01:05:25.000]  Absolutely. They can't suffer too many more $7.2 billion losses each quarter on legal costs, now can they?
[01:05:25.000 --> 01:05:28.000]  None stay afloat.
[01:05:28.000 --> 01:05:34.000]  Well, they've got $23 billion set aside for next year for legal fees.
[01:05:34.000 --> 01:05:35.000]  Wow.
[01:05:35.000 --> 01:05:43.000]  That they're looking at going over that $23 billion.
[01:05:43.000 --> 01:05:45.000]  Ouch.
[01:05:45.000 --> 01:05:47.000]  That's a lot of losses.
[01:05:47.000 --> 01:05:51.000]  When we started helping people with foreclosure,
[01:05:51.000 --> 01:05:58.000]  about 3% of the foreclosures were resisted.
[01:05:58.000 --> 01:06:03.000]  The last figure I heard was 43%.
[01:06:03.000 --> 01:06:10.000]  So the one thing you gain in suing the banks is time.
[01:06:10.000 --> 01:06:17.000]  And the one thing that is working most in your favor is time.
[01:06:17.000 --> 01:06:22.000]  The further we go along, the harder it's getting for the banks.
[01:06:22.000 --> 01:06:25.000]  Just a second, Randy.
[01:06:25.000 --> 01:06:28.000]  I kind of parallel this thing with a gash inside of the Titanic
[01:06:28.000 --> 01:06:33.000]  because later in this article that says that excluding its legal tab,
[01:06:33.000 --> 01:06:41.000]  JP Morgan Chase reported a quarterly profit of $1.42 per share.
[01:06:41.000 --> 01:06:47.000]  Now, they're comforting – what I'm reading in here is they're trying to comfort their investors.
[01:06:47.000 --> 01:06:50.000]  It's okay. It's okay. It will stay afloat.
[01:06:50.000 --> 01:06:54.000]  Somebody get the band playing on deck and rearrange those shares.
[01:06:54.000 --> 01:06:59.000]  Will you please? Let's go. Let's go.
[01:06:59.000 --> 01:07:02.000]  That's kind of – we hope that's what it is.
[01:07:02.000 --> 01:07:05.000]  They're hammering in legal fees.
[01:07:05.000 --> 01:07:10.000]  Well, they are. I mean, Dan, in a footnote to the SEC filing, Steve,
[01:07:10.000 --> 01:07:15.000]  the bank said that legal costs could be nearly $6 billion
[01:07:15.000 --> 01:07:22.000]  above the $23 billion that they have in reserves for potential litigation expenses.
[01:07:22.000 --> 01:07:25.000]  It tells me not enough people are filing suit.
[01:07:25.000 --> 01:07:27.000]  More bar grievances.
[01:07:27.000 --> 01:07:30.000]  More bar grievances.
[01:07:30.000 --> 01:07:34.000]  Exactly. These lawyers are making as much money they can afford it.
[01:07:34.000 --> 01:07:40.000]  And we just need to help out, you know, and do our part.
[01:07:40.000 --> 01:07:47.000]  Absolutely. If you haven't filed a half a dozen bar grievances, you're not paying attention.
[01:07:47.000 --> 01:07:50.000]  Well, I like what Steve said last week, Randy,
[01:07:50.000 --> 01:07:58.000]  that we should do our part and let the underwriters for the insurance companies know
[01:07:58.000 --> 01:08:01.000]  when you filed that bar grievance, you know,
[01:08:01.000 --> 01:08:06.000]  because you want to do your part to bring it to their attention.
[01:08:06.000 --> 01:08:10.000]  You'd be lending a helping hand to the poor attorney that has enough on his plate already
[01:08:10.000 --> 01:08:13.000]  and has already troubled an overburdened mind.
[01:08:13.000 --> 01:08:16.000]  You could relieve some of that pressure from this poor guy
[01:08:16.000 --> 01:08:23.000]  and inform his insurance underwriter, his malpractice carrier, that he's just been grieved.
[01:08:23.000 --> 01:08:26.000]  Because chances are with all this going on, he's going to forget to do that.
[01:08:26.000 --> 01:08:27.000]  So you can help him.
[01:08:27.000 --> 01:08:31.000]  Steve, you are such a nice guy. I have to tell you, what a guy.
[01:08:31.000 --> 01:08:36.000]  That's one of my redeeming qualities. That's why I'm still married.
[01:08:36.000 --> 01:08:41.000]  And I'd better stop there before that changes.
[01:08:41.000 --> 01:08:46.000]  Okay, we are going to go to Chris in Pennsylvania.
[01:08:46.000 --> 01:08:52.000]  Hello, Chris, and thank you for hanging on so long and putting up with all my blabbering.
[01:08:52.000 --> 01:08:55.000]  What do you have for us today, Chris?
[01:08:55.000 --> 01:09:01.000]  I have spoken with you in the past about my situation. I'm from Pennsylvania.
[01:09:01.000 --> 01:09:06.000]  And in Pennsylvania, we have this little consultatory meeting thing
[01:09:06.000 --> 01:09:12.000]  that puts you through when you're testing a foreclosure with the bank.
[01:09:12.000 --> 01:09:19.000]  And you have to go to these monthly meetings and talk to the bank or their lawyer
[01:09:19.000 --> 01:09:24.000]  and discuss about trying to get you into a modification.
[01:09:24.000 --> 01:09:30.000]  And we've been through this, and I've been having a hard time trying to pick up some discovery items
[01:09:30.000 --> 01:09:34.000]  and trying to figure out why the things on my mortgage don't look correctly.
[01:09:34.000 --> 01:09:40.000]  So we had a securitization audit done through a place recommended by fraud stoppers.
[01:09:40.000 --> 01:09:47.000]  And I've gotten a preliminary report, and there's some things on there that I had overlooked.
[01:09:47.000 --> 01:09:56.000]  And with your discussion on the declaratory judgment, I'm wondering,
[01:09:56.000 --> 01:10:01.000]  since I found that Fannie Mae on my note, who was the original lender,
[01:10:01.000 --> 01:10:09.000]  and shows no assignment to anywhere else except showing four years later,
[01:10:09.000 --> 01:10:15.000]  they bought back the loan, and the bank who is foreclosing on us
[01:10:15.000 --> 01:10:24.000]  says that they took an assignment from the original bank, who is no longer in business.
[01:10:24.000 --> 01:10:26.000]  They took an assignment.
[01:10:26.000 --> 01:10:29.000]  Oh, wait, wait, hold on, hold on. This is getting kind of...
[01:10:29.000 --> 01:10:31.000]  I know they bought the note.
[01:10:31.000 --> 01:10:36.000]  That was it. How did Fannie Mae get in the picture to start with?
[01:10:36.000 --> 01:10:42.000]  Fannie Mae purchased in interest of your mortgage loan instrument, Chris.
[01:10:42.000 --> 01:10:52.000]  You have to understand, I mean, right now, Fannie Mae is in the business of purchasing obligations.
[01:10:52.000 --> 01:10:59.000]  They purchase them from the party usually that originates the loan,
[01:10:59.000 --> 01:11:05.000]  or from a third party who is called the account debtor.
[01:11:05.000 --> 01:11:15.000]  So the account debtor sells an interest of a mortgage loan instrument, which is the promise to pay,
[01:11:15.000 --> 01:11:18.000]  which allows it to receive future payments.
[01:11:18.000 --> 01:11:24.000]  That is what gives the value to the mortgage loan instrument.
[01:11:24.000 --> 01:11:36.000]  The problem, Chris, is that because pursuant to Pennsylvania's UCC 7501, right, negotiation and transfer,
[01:11:36.000 --> 01:11:42.000]  you have set rules and regulations that you need to look at that were not done.
[01:11:42.000 --> 01:11:46.000]  You also have recording assignments, all right.
[01:11:46.000 --> 01:11:53.000]  You have under 72 PS 4861 record of mortgages.
[01:11:53.000 --> 01:12:02.000]  You've got under 1976 30-710 validity of conveyances.
[01:12:02.000 --> 01:12:12.000]  You have a lot of statutes that you need to become familiar with because they are making all of these claims.
[01:12:12.000 --> 01:12:18.000]  And as Randy has stated in the beginning, all right, it's just hearsay claims.
[01:12:18.000 --> 01:12:25.000]  There is no factual proof or evidence backing up these claims.
[01:12:25.000 --> 01:12:31.000]  Because in order for someone to come forth with rights acquired, all right,
[01:12:31.000 --> 01:12:37.000]  they would have needed to gone to specific statutes pertaining to Pennsylvania.
[01:12:37.000 --> 01:12:45.000]  So they would have had to go to 13 PA CSA 3203, which is transfer of instruments.
[01:12:45.000 --> 01:12:52.000]  So don't concede just because someone tells you Fannie Mae bought your loan.
[01:12:52.000 --> 01:12:55.000]  Excuse me, what constitutes my loan?
[01:12:55.000 --> 01:12:55.000]  Right.
[01:12:55.000 --> 01:12:59.000]  Are we talking about the mortgage loan instrument as its entirety?
[01:12:59.000 --> 01:13:03.000]  Are we talking about the tangible promissory note?
[01:13:03.000 --> 01:13:08.000]  Are we talking about the security instrument, which is a unilateral contract,
[01:13:08.000 --> 01:13:14.000]  which is separate from the debt instrument?
[01:13:14.000 --> 01:13:26.000]  So there needs to be clarification on your part as to what is being told to you and your understanding of what is being told to you.
[01:13:26.000 --> 01:13:34.000]  Right. I'm being told that Fannie Mae is the lender from the bank, and I'm being told that.
[01:13:34.000 --> 01:13:37.000]  Wait a minute, what bank?
[01:13:37.000 --> 01:13:42.000]  Your original lender is not in business, so who can tell you anything?
[01:13:42.000 --> 01:13:46.000]  Well, I'm assuming, you know.
[01:13:46.000 --> 01:13:49.000]  Don't assume. What happens when we assume?
[01:13:49.000 --> 01:13:53.000]  I know. I'm sorry for using that word. It just popped into my head.
[01:13:53.000 --> 01:14:00.000]  No, this is a real important point. Never stipulate to anything.
[01:14:00.000 --> 01:14:01.000]  Right.
[01:14:01.000 --> 01:14:10.000]  What we're dealing here with here is not English. This is legalese. It's different than English.
[01:14:10.000 --> 01:14:11.000]  Right.
[01:14:11.000 --> 01:14:19.000]  We're not dealing with civil discord. We're dealing with legal discord.
[01:14:19.000 --> 01:14:25.000]  In civil discord, we try to get along with one another, and we try to accept what other people say.
[01:14:25.000 --> 01:14:34.000]  This is not that venue. The lawyers want to present it as if it's that venue, but it's not.
[01:14:34.000 --> 01:14:40.000]  Hear every proactive statement of factor law question.
[01:14:40.000 --> 01:14:41.000]  Right.
[01:14:41.000 --> 01:14:54.000]  They can prove it out. You're asking us questions, and this is the problem that Joe and I are having, that are several presuppositions deep,
[01:14:54.000 --> 01:15:07.000]  and it's hard for us to muck around in that area when we're thinking all of this is irrelevant if these guys don't have all their ducks in the world.
[01:15:07.000 --> 01:15:09.000]  Exactly.
[01:15:09.000 --> 01:15:16.000]  With all that said, let's try to go to exactly your question without running backwards.
[01:15:16.000 --> 01:15:25.000]  Go ahead and rephrase your question or re-present your question so we can better understand exactly what you're asking.
[01:15:25.000 --> 01:15:32.000]  Everything that you said tonight about following the notice of default, I've done all that.
[01:15:32.000 --> 01:15:42.000]  I've gotten my letters back from the bank. They send me copies of what they say is the original promissory notes, endorsed in blank with no endorsement on it.
[01:15:42.000 --> 01:15:47.000]  I've gotten all this paperwork back, but it just didn't seem right.
[01:15:47.000 --> 01:15:58.000]  That's why I went with the securitization audit to try to figure out where these pieces that weren't fitting together came across,
[01:15:58.000 --> 01:16:07.000]  where my homeowner's insurance tells me there are three other people that owned my mortgage, and that's not showing up on any assignment in record.
[01:16:07.000 --> 01:16:14.000]  The recorder's office doesn't have anything signed to any one of these people.
[01:16:14.000 --> 01:16:24.000]  Okay, hold on, hold on. I think I'm understanding something that I have been missing.
[01:16:24.000 --> 01:16:31.000]  Everything you do is about making a claim.
[01:16:31.000 --> 01:16:42.000]  When we send a debt validation letter, we send a debt validation letter so that we can make statutory claim of collateral estoppel.
[01:16:42.000 --> 01:16:46.000]  I'm sorry, not collateral, statutory estoppel.
[01:16:46.000 --> 01:16:51.000]  Hang on, we're about to go to break. We'll pick this up when we come back on the other side.
[01:16:51.000 --> 01:17:00.000]  This is Randy Kelton, Deborah Stevens. We'll radio our call in number 512-646-1984. We'll be right back.
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[01:20:03.000 --> 01:20:11.000]  Okay, we are back.
[01:20:11.000 --> 01:20:18.000]  Randy Kelton, Deborah Stevens, Joe Esquivel, Rue La Rio, and we're talking to Chris and Pennsylvania.
[01:20:18.000 --> 01:20:31.000]  And Chris, in listening to you talk about this, it seemed as though you're going through these things and you found all of these things they're doing wrong.
[01:20:31.000 --> 01:20:39.000]  And I'm sitting here thinking, so what? So they did something wrong.
[01:20:39.000 --> 01:20:51.000]  What is the claim that these give you that you can present to the court for each of these things they've done wrong?
[01:20:51.000 --> 01:20:56.000]  I can't do any of that now because I'm in this consultatory conference thing.
[01:20:56.000 --> 01:21:02.000]  No, no. You can bring all of these. You need all of these claims put together.
[01:21:02.000 --> 01:21:10.000]  And because of these claims you have put together, you ask for more from the bank.
[01:21:10.000 --> 01:21:16.000]  You have to go through this thing, use this to dig information out of the bank.
[01:21:16.000 --> 01:21:21.000]  And it buys you time to look at all of the things they've done wrong.
[01:21:21.000 --> 01:21:39.000]  Where they have apparently sold the note, where you're finding contradictory information, what claim does that go to?
[01:21:39.000 --> 01:21:43.000]  Like when we were going out, I said about the debt validation letter.
[01:21:43.000 --> 01:21:50.000]  The only reason we send a debt validation letter is so we can make a claim of statutory estoppel.
[01:21:50.000 --> 01:21:55.000]  We send them a debt validation letter so that when they don't properly answer it,
[01:21:55.000 --> 01:22:04.000]  we can file a claim with the court stating that they are statutorily estopped from further collections.
[01:22:04.000 --> 01:22:15.000]  When you find evidence that there has been a change of beneficial interest in the note that you weren't noticed,
[01:22:15.000 --> 01:22:21.000]  what does that go to?
[01:22:21.000 --> 01:22:25.000]  Read the document. Read the security instrument.
[01:22:25.000 --> 01:22:30.000]  It goes to the serviceability clause.
[01:22:30.000 --> 01:22:39.000]  The serviceability clause requires that the lender abide by all standing law.
[01:22:39.000 --> 01:22:45.000]  Just before that, it's covenant 15 and 16.
[01:22:45.000 --> 01:22:51.000]  Covenant 15 requires that both parties give all required notice by certified mail.
[01:22:51.000 --> 01:23:05.000]  The Real Estate Settlement Procedures Act requires that a change in beneficial interest in the debt instrument be noticed to the borrower.
[01:23:05.000 --> 01:23:11.000]  You are required to receive that notice by certified mail.
[01:23:11.000 --> 01:23:13.000]  Did you receive that notice?
[01:23:13.000 --> 01:23:16.000]  Yes.
[01:23:16.000 --> 01:23:24.000]  If you received the notice, you wouldn't need a securitization audit to know that your note had changed,
[01:23:24.000 --> 01:23:28.000]  some beneficial interest had changed to someone else.
[01:23:28.000 --> 01:23:34.000]  So the only thing you care about is they breach the covenant of the security instrument.
[01:23:34.000 --> 01:23:36.000]  Now it's void.
[01:23:36.000 --> 01:23:38.000]  That's a contractual violation.
[01:23:38.000 --> 01:23:41.000]  That's a default on the security instrument.
[01:23:41.000 --> 01:23:45.000]  They can't claim the privilege in it once they breach the covenant of it.
[01:23:45.000 --> 01:24:01.000]  So first thing that I want to look for on everything is how can I frame this in terms of a breach of a covenant of the security instrument?
[01:24:01.000 --> 01:24:04.000]  Right.
[01:24:04.000 --> 01:24:07.000]  Covenant 20.
[01:24:07.000 --> 01:24:10.000]  If it has it, if it's an FHA loan, don't even have it.
[01:24:10.000 --> 01:24:17.000]  No, but if he's got Fannie Mae, covenant 20 states the note, very partial interest of the note,
[01:24:17.000 --> 01:24:22.000]  together with the security instrument may be sold one or more times without notice to the borrower.
[01:24:22.000 --> 01:24:24.000]  Right.
[01:24:24.000 --> 01:24:37.000]  So right there, they've already breached the contract because there is no way legally possible that that transaction can occur.
[01:24:37.000 --> 01:24:39.000]  Period.
[01:24:39.000 --> 01:24:42.000]  See, we don't have to get into bifurcation.
[01:24:42.000 --> 01:24:45.000]  I go to the judge and say, judge, they bifurcated my note.
[01:24:45.000 --> 01:24:47.000]  The judge is going to say, so what?
[01:24:47.000 --> 01:24:48.000]  Right.
[01:24:48.000 --> 01:24:51.000]  How are you harmed by that?
[01:24:51.000 --> 01:24:55.000]  Now I go in and say, judge, they bifurcated my note.
[01:24:55.000 --> 01:24:56.000]  When he says, how are you harmed by that?
[01:24:56.000 --> 01:25:04.000]  Well, they breach covenant 20 of the security instrument defaulted on the contract.
[01:25:04.000 --> 01:25:08.000]  Contractual default, I don't have to show harm.
[01:25:08.000 --> 01:25:16.000]  Say, your honor, we put this covenant in there so that I wouldn't have to show you how I was harmed by that.
[01:25:16.000 --> 01:25:22.000]  I granted them these privileges based on these restrictions.
[01:25:22.000 --> 01:25:24.000]  They breach the restriction.
[01:25:24.000 --> 01:25:27.000]  They can't claim the privilege.
[01:25:27.000 --> 01:25:29.000]  So look at all of these things.
[01:25:29.000 --> 01:25:34.000]  Go back and read that security instrument.
[01:25:34.000 --> 01:25:42.000]  About 60% or 70% of it is what you promised to do, that you're not so concerned with.
[01:25:42.000 --> 01:25:50.000]  You want to look at those few covenants that go to what you maintain they must do.
[01:25:50.000 --> 01:25:52.000]  Right.
[01:25:52.000 --> 01:26:00.000]  And then craft a claim based, each one as a claim based on breach of contract.
[01:26:00.000 --> 01:26:02.000]  Right.
[01:26:02.000 --> 01:26:06.000]  Breach of contract is real easy for the judge to wrap his head around.
[01:26:06.000 --> 01:26:07.000]  Right.
[01:26:07.000 --> 01:26:10.000]  And that's where I'm at with these things.
[01:26:10.000 --> 01:26:18.000]  My question really, just trying to figure out, because we have this conciliatory meeting here,
[01:26:18.000 --> 01:26:23.000]  I'm unable to do anything while I'm negotiating, quote unquote, with the bank.
[01:26:23.000 --> 01:26:30.000]  So if I drop out of this conciliatory meeting phase, I then can pursue that.
[01:26:30.000 --> 01:26:39.000]  But my question is how do I go in with a declaratory judgment based on that, like you said, once we've found this claim?
[01:26:39.000 --> 01:26:41.000]  Okay, hold on.
[01:26:41.000 --> 01:26:47.000]  Petition for declaratory judgment don't have anything to do with foreclosure.
[01:26:47.000 --> 01:26:48.000]  Nothing.
[01:26:48.000 --> 01:26:49.000]  Okay.
[01:26:49.000 --> 01:26:56.000]  That's just an action for the purpose of correcting the record.
[01:26:56.000 --> 01:27:01.000]  You're just trying to help out the poor prothonotary who's got all this junk in his records.
[01:27:01.000 --> 01:27:03.000]  You're trying to straighten that out.
[01:27:03.000 --> 01:27:04.000]  Okay.
[01:27:04.000 --> 01:27:06.000]  That don't have anything to do with your foreclosure.
[01:27:06.000 --> 01:27:12.000]  You can pursue that outside the foreclosure issue.
[01:27:12.000 --> 01:27:16.000]  You get that ruling outside the foreclosure issue.
[01:27:16.000 --> 01:27:26.000]  You can bring that back to the court and say, Your Honor, all this conciliatory crap, it's all worthless because this is res judicata.
[01:27:26.000 --> 01:27:36.000]  We have a foreign adjudication that you have no power to revisit that says their underlying document is garbage.
[01:27:36.000 --> 01:27:38.000]  Right.
[01:27:38.000 --> 01:27:40.000]  Okay.
[01:27:40.000 --> 01:27:50.000]  You don't have to be bound by the mediation as concerns a declaratory judgment.
[01:27:50.000 --> 01:27:52.000]  Quiet title you would be.
[01:27:52.000 --> 01:27:53.000]  Okay.
[01:27:53.000 --> 01:27:56.000]  Declaratory judgment, not declaratory judgment.
[01:27:56.000 --> 01:28:02.000]  Don't ask for anything other than this document's piece of garbage.
[01:28:02.000 --> 01:28:04.000]  Ask them to rule that the document wasn't filed right.
[01:28:04.000 --> 01:28:06.000]  That's all it goes to.
[01:28:06.000 --> 01:28:12.000]  And you have some clerks in Pennsylvania that are really hot about this issue.
[01:28:12.000 --> 01:28:13.000]  Politics.
[01:28:13.000 --> 01:28:15.000]  You've got politics on your side.
[01:28:15.000 --> 01:28:18.000]  The clerk's going to be on your side.
[01:28:18.000 --> 01:28:20.000]  They want the documents corrected.
[01:28:20.000 --> 01:28:21.000]  Right.
[01:28:21.000 --> 01:28:24.000]  And the clerk is part of the good old boy group.
[01:28:24.000 --> 01:28:28.000]  The judge is going to want to rule for the clerk, so you've got politics on your side.
[01:28:28.000 --> 01:28:29.000]  Okay.
[01:28:29.000 --> 01:28:30.000]  Go ahead.
[01:28:30.000 --> 01:28:31.000]  I keep interrupting you.
[01:28:31.000 --> 01:28:32.000]  No, no.
[01:28:32.000 --> 01:28:37.000]  But my prior to this, in the middle of this, and the reason, maybe I should go back to the beginning.
[01:28:37.000 --> 01:28:44.000]  The reason I'm in this predicament is because I lost a job and we filed for modification.
[01:28:44.000 --> 01:28:53.000]  The bank put us through this runaround about you have to be 60 days delinquent on your mortgage in order to get a modification.
[01:28:53.000 --> 01:28:57.000]  Well, you know, stupid is as stupid does.
[01:28:57.000 --> 01:28:58.000]  We fought this whole thing.
[01:28:58.000 --> 01:29:05.000]  And as soon as we went 60 days, they threw us into foreclosure, dual practice, while they're giving us a modification.
[01:29:05.000 --> 01:29:06.000]  That's the reason.
[01:29:06.000 --> 01:29:07.000]  Okay.
[01:29:07.000 --> 01:29:08.000]  It's not that we can't afford the mortgage.
[01:29:08.000 --> 01:29:09.000]  It's not a problem.
[01:29:09.000 --> 01:29:18.000]  Have you filed against the bank for fraud per se?
[01:29:18.000 --> 01:29:20.000]  This is fraud in the factum.
[01:29:20.000 --> 01:29:21.000]  Yeah.
[01:29:21.000 --> 01:29:27.000]  We haven't done anything because we were immediately thrown into this conciliatory thing, which kind of-
[01:29:27.000 --> 01:29:28.000]  Okay.
[01:29:28.000 --> 01:29:30.000]  That's going to stop any foreclosure.
[01:29:30.000 --> 01:29:31.000]  Right.
[01:29:31.000 --> 01:29:34.000]  That puts the stay on everything.
[01:29:34.000 --> 01:29:39.000]  Okay. That gives you time while you've got them stopped.
[01:29:39.000 --> 01:29:40.000]  You know, that's our biggest deal.
[01:29:40.000 --> 01:29:41.000]  Get them stopped.
[01:29:41.000 --> 01:29:42.000]  You got them stopped.
[01:29:42.000 --> 01:29:43.000]  Right.
[01:29:43.000 --> 01:29:45.000]  Now you get your case put together.
[01:29:45.000 --> 01:29:46.000]  Okay.
[01:29:46.000 --> 01:29:47.000]  Hang on.
[01:29:47.000 --> 01:29:48.000]  We'll finish this up on the other side.
[01:29:48.000 --> 01:29:51.000]  Mark, Debbie, Francis, I see you there.
[01:29:51.000 --> 01:29:52.000]  We'll get to everybody.
[01:29:52.000 --> 01:29:56.000]  Our call in number, 512-646-1984.
[01:29:56.000 --> 01:29:57.000]  Give us a call.
[01:29:57.000 --> 01:29:58.000]  Get in line.
[01:29:58.000 --> 01:29:59.000]  Right.
[01:29:59.000 --> 01:30:06.000]  What smells so bad, taxi drivers in Bangkok won't let you into a cab if you're carrying it?
[01:30:06.000 --> 01:30:09.000]  Amazingly, it's a food, and I've actually eaten it.
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[01:30:45.000 --> 01:30:49.000]  Some call it repulsive, while others call it the king of fruits.
[01:30:49.000 --> 01:30:52.000]  It's durian, a football-sized fruit from Southeast Asia.
[01:30:52.000 --> 01:30:56.000]  Tough and spiky on the outside and creamy like custard on the inside,
[01:30:56.000 --> 01:31:01.000]  durian is soft enough to eat with a spoon, if you can stand the smell, that is.
[01:31:01.000 --> 01:31:08.000]  While the flavor is like an onion-flavored vanilla pudding, the smell is a cross between unwashed socks and a city dump.
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[01:31:15.000 --> 01:31:21.000]  To sample the fruit that tastes like heaven and smells like hell, check the freezer section of your local Asian market.
[01:31:21.000 --> 01:31:23.000]  Taxi.
[01:31:23.000 --> 01:31:30.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
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[01:33:01.000 --> 01:33:11.000]  Looking for some truth? You found it, LogosRadioNetwork.com.
[01:33:31.000 --> 01:33:57.000]  Okay, we are back. Randy Kelton, Joe Esquivel, Debra Stevens with La Radio Hill, and we're talking to Chris in Pennsylvania.
[01:33:57.000 --> 01:34:06.000]  Chris, I would think you're in a good spot. You've got them stopped. Is this negatively affecting your credit at the moment?
[01:34:06.000 --> 01:34:12.000]  Well, it's not mine, it's my wife. She built the house, and I'm trying to help her save it.
[01:34:12.000 --> 01:34:15.000]  Okay, let me make a suggestion. Is it hurting her credit?
[01:34:15.000 --> 01:34:17.000]  Yes.
[01:34:17.000 --> 01:34:34.000]  Oh, goody. Get somebody to make you an offer on the house, and check your credit, look at your credit, or go to the bank and see if you can refinance it.
[01:34:34.000 --> 01:34:41.000]  And show that it's in foreclosure, because they forced you into foreclosure by tricking you.
[01:34:41.000 --> 01:34:48.000]  And the banks themselves say, I'm not going to give you a loan on that house if you're in foreclosure.
[01:34:48.000 --> 01:34:53.000]  Now you've got a claim for loss of the benefit of the bargain.
[01:34:53.000 --> 01:34:55.000]  Yeah. Okay.
[01:34:55.000 --> 01:35:06.000]  That gives you a direct claim against them, regardless of whether they foreclose, don't foreclose. You have that claim.
[01:35:06.000 --> 01:35:07.000]  Right.
[01:35:07.000 --> 01:35:14.000]  And that's a benefit of the bargain claim that's separate from foreclosure.
[01:35:14.000 --> 01:35:24.000]  But anyway, while you're in, this gives you time to build your complaint. Did you send a letter to every notary?
[01:35:24.000 --> 01:35:26.000]  Yes.
[01:35:26.000 --> 01:35:32.000]  Every signator on every document?
[01:35:32.000 --> 01:35:38.000]  Yes. And it's an interesting thing, because I'm on LinkedIn. I'm not sure if you know what that is.
[01:35:38.000 --> 01:35:41.000]  It's kind of like a Facebook for business people.
[01:35:41.000 --> 01:35:56.000]  And the gentleman who signed the assignment to give the mortgage to Wells Fargo from Wachovia via Merz as the beneficiary, who was no longer in business, is on my LinkedIn page.
[01:35:56.000 --> 01:36:08.000]  And we've chatted, and he was actually a notary working for Wells Fargo signing documents.
[01:36:08.000 --> 01:36:12.000]  That is good.
[01:36:12.000 --> 01:36:15.000]  You need to get an affidavit from him.
[01:36:15.000 --> 01:36:22.000]  I know, and I'm trying to, but he's a hard guy to get a hold of. It's only through the computer, and he doesn't answer all my requests.
[01:36:22.000 --> 01:36:33.000]  But we have discussed it, and in a discussion, he brought it up to me that he no longer works there because of his dispute with being a ROA signer.
[01:36:33.000 --> 01:36:38.000]  Oh, this is great.
[01:36:38.000 --> 01:36:39.000]  That's getting better, ain't it?
[01:36:39.000 --> 01:36:41.000]  I'm a whistleblower.
[01:36:41.000 --> 01:36:48.000]  Yeah, you can subpoena him if you need to, and that may be good for him. That way he has plausible deniability.
[01:36:48.000 --> 01:36:54.000]  But if you have them in mediation, what is the nature of this mediation?
[01:36:54.000 --> 01:37:02.000]  I mean, what requirements are on the bank as far as good faith negotiations?
[01:37:02.000 --> 01:37:05.000]  None. They haven't made good on any of it. You know, of the 304—
[01:37:05.000 --> 01:37:08.000]  No, no, that's not what I'm asking.
[01:37:08.000 --> 01:37:14.000]  I'm asking what are the—if the courts order this mediation—
[01:37:14.000 --> 01:37:15.000]  Right.
[01:37:15.000 --> 01:37:24.000]  And they have to have some expectation or requirement of good faith negotiation.
[01:37:24.000 --> 01:37:28.000]  Right. To get a modification is what they look at.
[01:37:28.000 --> 01:37:36.000]  And the bank has not followed any one of the Settlement Act guidelines, and of the 304 laws they're supposed to follow,
[01:37:36.000 --> 01:37:44.000]  one of them is that five days after you receive our package of information, they're to notify us that they received all of it.
[01:37:44.000 --> 01:37:47.000]  Well, we've been doing this for a year, and they haven't—
[01:37:47.000 --> 01:37:56.000]  Did you file for sanctions against the lender for failure to negotiate in good faith?
[01:37:56.000 --> 01:38:05.000]  No. I mean, that's probably where we're going next, because this—our last one was rescheduled, continued from a month from now,
[01:38:05.000 --> 01:38:12.000]  because once again, the lender came back to us the day before the conservatory meeting and told us that they've been—
[01:38:12.000 --> 01:38:16.000]  we don't have the proper documentation, and we need to send more.
[01:38:16.000 --> 01:38:25.000]  Do you need to move—okay, what they do with the loan modification is this is a standard thing,
[01:38:25.000 --> 01:38:33.000]  and I've got the guy here who worked for Bank of America, and he can testify as an expert witness on what they do.
[01:38:33.000 --> 01:38:39.000]  When they tell you they don't have the documentation, that's not true.
[01:38:39.000 --> 01:38:48.000]  Every time they can get you to send a set of documentation, they'll file with the Obama, with the HAMP program,
[01:38:48.000 --> 01:38:57.000]  as a new filing, and get another $2,000 to $5,000 payment from HAMP for offering you the loan modification.
[01:38:57.000 --> 01:38:59.000]  That's why they keep telling you this.
[01:38:59.000 --> 01:39:00.000]  Right.
[01:39:00.000 --> 01:39:10.000]  And you might ought to look at filing a criminal accusation against them for defrauding HAMP,
[01:39:10.000 --> 01:39:16.000]  and then petition for discovery from HAMP to see how much HAMP has paid the bank for your note,
[01:39:16.000 --> 01:39:21.000]  how many times they've paid them for offering you a loan modification.
[01:39:21.000 --> 01:39:28.000]  Right. We've discussed that before, and I have that written down as one of the next steps as well.
[01:39:28.000 --> 01:39:32.000]  Okay, wait a minute. Wait a minute.
[01:39:32.000 --> 01:39:41.000]  I'm hearing a frustration, and with what you're doing, there's something missing.
[01:39:41.000 --> 01:39:47.000]  You're racking up all of the things that you believe they're doing wrong.
[01:39:47.000 --> 01:39:48.000]  Right.
[01:39:48.000 --> 01:39:52.000]  But I don't hear you doing anything about it.
[01:39:52.000 --> 01:40:00.000]  And the reason for that is because we've hired a lawyer to do this, and I'm not really sure if this guy's
[01:40:00.000 --> 01:40:03.000]  short of a full load or what it is, but...
[01:40:03.000 --> 01:40:10.000]  He's a lawyer. He's going to extract from you as much as he possibly can.
[01:40:10.000 --> 01:40:16.000]  He's not going to do anything to upset or annoy the courts.
[01:40:16.000 --> 01:40:22.000]  He's one of the gentlemen who came up with his conciliatory BS with the judge.
[01:40:22.000 --> 01:40:28.000]  He's the top guy who started this to help people with their foreclosures and put a stay on it
[01:40:28.000 --> 01:40:31.000]  so they could possibly get a modification.
[01:40:31.000 --> 01:40:35.000]  He started this so he could build the crap out of you.
[01:40:35.000 --> 01:40:37.000]  Exactly. Exactly.
[01:40:37.000 --> 01:40:44.000]  And it's come to the point where looking at all the programs and looking at doing this pro se
[01:40:44.000 --> 01:40:46.000]  is the next deal.
[01:40:46.000 --> 01:40:49.000]  I mean, do I just go out and sue the bank?
[01:40:49.000 --> 01:40:52.000]  My other question is bankruptcy. My wife filed bankruptcy.
[01:40:52.000 --> 01:40:55.000]  Do I take this into bankruptcy court?
[01:40:55.000 --> 01:41:02.000]  Yes, absolutely. Did you file the property under schedule...
[01:41:02.000 --> 01:41:05.000]  Did you file as a Chapter 13 or Chapter 7?
[01:41:05.000 --> 01:41:09.000]  My wife filed as a Chapter 7, but she did not include the property
[01:41:09.000 --> 01:41:14.000]  because the check was a secured note.
[01:41:14.000 --> 01:41:21.000]  No. Unsecured. Schedule F is in frank non-priority.
[01:41:21.000 --> 01:41:23.000]  Okay.
[01:41:23.000 --> 01:41:31.000]  If you listed on any other schedule, you're conceding and stating that it is secure.
[01:41:31.000 --> 01:41:37.000]  It's not secure. You don't see Fannie Mae listen to public record for your county, do you?
[01:41:37.000 --> 01:41:39.000]  No.
[01:41:39.000 --> 01:41:47.000]  Okay. Then that means that Fannie Mae is not listed as beneficiary or nominee for your deed of trust.
[01:41:47.000 --> 01:41:53.000]  In addition to the note that you have a copy of, which states, paid to the order of,
[01:41:53.000 --> 01:42:03.000]  and then it has an as of yet unnamed payee, all right, pursuant to Pennsylvania's 303203C,
[01:42:03.000 --> 01:42:14.000]  which states that until it says rights of transferee to demand endorsement,
[01:42:14.000 --> 01:42:19.000]  it says unless otherwise agreed, if an instrument is transferred for value
[01:42:19.000 --> 01:42:25.000]  and the value does not become a holder because of lack of endorsement by the transferor,
[01:42:25.000 --> 01:42:33.000]  the transferor has a specifically enforceable right to the unqualified endorsement of the transferor,
[01:42:33.000 --> 01:42:42.000]  but negotiation of the instrument does not occur until the endorsement is made.
[01:42:42.000 --> 01:42:49.000]  So you've got all the documents, as Randy has said. You have them, right?
[01:42:49.000 --> 01:43:01.000]  So now when you go into bankruptcy court, all right, one of the rules for bankruptcy is bankruptcy rule 3001, subsection D, as in dog.
[01:43:01.000 --> 01:43:13.000]  A party coming forth with a claim of a secured interest must be evidenced by a properly perfected lien, all right?
[01:43:13.000 --> 01:43:22.000]  So neither your lender or servicer nor Fannie Mae has a properly perfected lien
[01:43:22.000 --> 01:43:31.000]  because they have not followed the statute for transfer of instrument and rights acquired by transfer.
[01:43:31.000 --> 01:43:35.000]  So it's real simple on bankruptcy.
[01:43:35.000 --> 01:43:45.000]  Now, am I able to reopen a bankruptcy? Absolutely, if it's not old enough.
[01:43:45.000 --> 01:43:50.000]  Hang on, we'll pick this up on the other side, Randy Kelton, Debbie Stevens, we'll roll our radio.
[01:43:50.000 --> 01:43:53.000]  I'll call it number 512-646-1984.
[01:43:53.000 --> 01:43:59.000]  We'll finish up with Chris on the other side and go to Mark, Debbie, and Francis.
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[01:46:01.000 --> 01:46:14.000]  Thank you very much.
[01:46:31.000 --> 01:46:45.000]  Okay, we are back. We're in Kelton, Denver, Stevens.
[01:46:45.000 --> 01:46:52.000]  Rule of Law Radio, Joe laughing in the background. You guys miss out on all the fun and pranks.
[01:46:52.000 --> 01:47:01.000]  Okay, we're talking to Chris in Pennsylvania, and Chris, you really got Joe's attention with the bankruptcy.
[01:47:01.000 --> 01:47:10.000]  Absolutely, you can reopen bankruptcies, I think, like two or three years after the bankruptcy, maybe even longer.
[01:47:10.000 --> 01:47:17.000]  You can open it, refile these documents, put that property on as unsecured.
[01:47:17.000 --> 01:47:24.000]  And amend your schedule for $26. That's all it'll cost.
[01:47:24.000 --> 01:47:27.000]  $26 to reopen it?
[01:47:27.000 --> 01:47:34.000]  No, to amend your schedule, it'll cost you, I believe, $175 to do a motion to reopen your case.
[01:47:34.000 --> 01:47:37.000]  Okay.
[01:47:37.000 --> 01:47:48.000]  So you're going to open your case based on instruments that you now have that you did not have at time of filing bankruptcy.
[01:47:48.000 --> 01:47:49.000]  Okay.
[01:47:49.000 --> 01:47:57.000]  Give me a call, Chris, and I will send you to David Lewis, and he will explain to you exactly how to do that.
[01:47:57.000 --> 01:48:06.000]  Okay. And that is from the discharge date that you have two years to open that, or is that from the time you filed originally?
[01:48:06.000 --> 01:48:08.000]  From the discharge.
[01:48:08.000 --> 01:48:10.000]  From the discharge.
[01:48:10.000 --> 01:48:16.000]  Yeah, because sometimes it can take over two years to get to the discharge.
[01:48:16.000 --> 01:48:17.000]  Right.
[01:48:17.000 --> 01:48:22.000]  Yeah, we talked to David, how long has it been since you filed bankruptcy?
[01:48:22.000 --> 01:48:26.000]  It discharged January 2012.
[01:48:26.000 --> 01:48:28.000]  Oh, no problem.
[01:48:28.000 --> 01:48:31.000]  Do it. Don't wait, do it.
[01:48:31.000 --> 01:48:37.000]  Give us a call, I'll get you to David, and he'll show you exactly how to do that.
[01:48:37.000 --> 01:48:41.000]  David is my bankruptcy guy.
[01:48:41.000 --> 01:48:43.000]  Yeah, I talked to David already.
[01:48:43.000 --> 01:48:49.000]  Okay. Well, if you have his number, give David a call, and he will show you how to do that.
[01:48:49.000 --> 01:48:50.000]  Okay.
[01:48:50.000 --> 01:48:53.000]  You might just make this thing go away while they're stuck in mediation.
[01:48:53.000 --> 01:48:58.000]  Right. That would be great. That would be great.
[01:48:58.000 --> 01:49:01.000]  Okay. Okay. We need to move along.
[01:49:01.000 --> 01:49:02.000]  Thanks again, guys.
[01:49:02.000 --> 01:49:04.000]  Let us know how this works out.
[01:49:04.000 --> 01:49:06.000]  I will. Thank you.
[01:49:06.000 --> 01:49:13.000]  Okay. Thank you, Chris. Okay. Now we're going to go to Mark in Wisconsin.
[01:49:13.000 --> 01:49:16.000]  Hello, Mark. What do you have for us today?
[01:49:16.000 --> 01:49:19.000]  Just an update and a follow-up question.
[01:49:19.000 --> 01:49:29.000]  The update from last week, you had asked me about whether or not the judge in the summary judgment hearing had provided points and authorities in his ruling,
[01:49:29.000 --> 01:49:37.000]  and I said no, and I find out that he actually did file findings of fact, and I went to the courthouse today to pick those up,
[01:49:37.000 --> 01:49:42.000]  and it's kind of amusing because this was the second hearing, which occurred October 3rd.
[01:49:42.000 --> 01:49:51.000]  The first was September 3rd, and the documents were dated September 3rd, and then they crossed off September and wrote in October,
[01:49:51.000 --> 01:50:02.000]  so it sounds like he had a preconceived notion of his result, and then just carried that over to the October 3rd hearing, which, I mean, it was just a joke.
[01:50:02.000 --> 01:50:08.000]  I was in there for three minutes on October 3rd and counted the gavel and said, see you're out of here, pal, more or less.
[01:50:08.000 --> 01:50:13.000]  So you told me I should file a motion for findings of fact.
[01:50:13.000 --> 01:50:22.000]  Well, since he has actually filed that document himself, I believe my next step should be a motion to vacate, and I'm just wondering if you agree with that.
[01:50:22.000 --> 01:50:27.000]  Yes, absolutely. Well, a motion to vacate or a motion for reconsideration.
[01:50:27.000 --> 01:50:30.000]  You're in a state court?
[01:50:30.000 --> 01:50:31.000]  Yes.
[01:50:31.000 --> 01:50:32.000]  For federal.
[01:50:32.000 --> 01:50:34.000]  Okay, state court.
[01:50:34.000 --> 01:50:35.000]  Great.
[01:50:35.000 --> 01:50:44.000]  Yeah, depending on where you're at, they call it different things, and since you're in a foreign country, Wisconsin, there's no telling what they call it,
[01:50:44.000 --> 01:50:51.000]  but in the federal court it's called a motion for reconsideration.
[01:50:51.000 --> 01:50:55.000]  You're referring to it as a motion to vacate judgment.
[01:50:55.000 --> 01:50:56.000]  Correct.
[01:50:56.000 --> 01:51:06.000]  Yeah, so essentially it's the same thing. You give him, essentially you will write up your own findings of fact and conclusions at law.
[01:51:06.000 --> 01:51:11.000]  And I started doing that. And thanks to Joe. I didn't give Joe enough credit last week.
[01:51:11.000 --> 01:51:19.000]  He did that chain of title analysis. It's a 30-page affidavit for anybody listening out there who was sitting on the fence.
[01:51:19.000 --> 01:51:26.000]  The 30-page affidavit, it just tore apart the entire case, which of course these judges don't care anyway.
[01:51:26.000 --> 01:51:36.000]  They already have their mind made up, but that's a definite stepping stone to take further because it just blows it out of the water that they had no standing to bring this to court anyway.
[01:51:36.000 --> 01:51:41.000]  Did you file a judicioconda complaint against the judge?
[01:51:41.000 --> 01:51:53.000]  No, that's another step. Plus, the attorney at the September 3 hearing, the attorney for the plaintiff, when I made the point of demanding to see the wet signature note and mortgage,
[01:51:53.000 --> 01:52:00.000]  the judge actually agreed surprisingly. And the attorney said, well, we have it in our possession. And it turned out, of course, they didn't.
[01:52:00.000 --> 01:52:07.000]  And I'm going to be filing against him. I did call the district attorney and one of the office girls said,
[01:52:07.000 --> 01:52:12.000]  well, no, you would actually go to the state website and fill out your complaint form there.
[01:52:12.000 --> 01:52:19.000]  And I said, man, this is subordinated perjury here. And she said, well, just go to that state website and start there.
[01:52:19.000 --> 01:52:31.000]  Tell him to take the state website and cram it, go to a magistrate and file a criminal affidavit with some magistrate.
[01:52:31.000 --> 01:52:39.000]  And then when the magistrate doesn't present it to the district attorney, then you go to the district attorney, you prepare a criminal complaint,
[01:52:39.000 --> 01:52:46.000]  take it to a notary, have it verified or acknowledged before a notary and mail it to the district attorney.
[01:52:46.000 --> 01:52:56.000]  And when he refuses to act on it, you prepare charges against him for misfeasance in office. Just make them all nuts.
[01:52:56.000 --> 01:53:03.000]  Just walk them through the procedure. We have a whole procedure of how to work these guys over.
[01:53:03.000 --> 01:53:13.000]  And you might look at what we're putting together here in Texas where you might look at some other people who have been through this process
[01:53:13.000 --> 01:53:21.000]  and the courts have ignored their pleadings and prepare a RICO suit against the judge. That will make them crazy.
[01:53:21.000 --> 01:53:32.000]  I am in the process of building one right now. And when I get it done, I'll make it available.
[01:53:32.000 --> 01:53:44.000]  But here's the deal. If you're a lawyer, you can't file a suit unless you have a really good chance of winning it.
[01:53:44.000 --> 01:53:53.000]  But if you're just an ignorant old pro se, you're too darn dumb to know any better. So you can file it anyway.
[01:53:53.000 --> 01:54:07.000]  And while I never file a criminal suit, we as pro se's can file issues that lawyers are terrified to try to adjudicate.
[01:54:07.000 --> 01:54:14.000]  I had an occasion in Travis County and they appointed me a lawyer. I didn't ask them to.
[01:54:14.000 --> 01:54:19.000]  The judge said, do you have counsels? No, Your Honor, I do not. I said, are you going to hire counsel? No.
[01:54:19.000 --> 01:54:23.000]  Would you like me to appoint you counsel? I don't care what you do, Judge.
[01:54:23.000 --> 01:54:31.000]  Well, I'm going to appoint you an attorney. I said, well, if you do, Judge, make sure you appoint one you really don't like.
[01:54:31.000 --> 01:54:42.000]  And I hammered this guy. I kept going to him. I said, you know, I'm going to file a franks hearing.
[01:54:42.000 --> 01:54:52.000]  He said, what's a franks hearing? I said, it's a hearing for the purpose of determining the ferocity of a police officer who testified before a magistrate to secure a warrant.
[01:54:52.000 --> 01:54:59.000]  Man, I can't file that. You'd have to subpoena a judge. I can subpoena a judge. That's no problem. I subpoena myself.
[01:54:59.000 --> 01:55:04.000]  Well, I can't examine a judge on the stand. I'll get disbarred. I said, that's no problem.
[01:55:04.000 --> 01:55:13.000]  I'll examine him on the stand. He hasn't lived until he's had me examine him. Oh, Mr. Kelton, you're going to give me disbarred.
[01:55:13.000 --> 01:55:22.000]  Big chicken. And we are, this works. I'm telling you, these guys are all a little group.
[01:55:22.000 --> 01:55:28.000]  The lawyer's not going to do anything to annoy the judge. We are in court.
[01:55:28.000 --> 01:55:34.000]  I'm outside the bar. He's up by the bench with the lawyer talking to the judge.
[01:55:34.000 --> 01:55:41.000]  He comes back to me and said, the prosecutor said she knows who you are.
[01:55:41.000 --> 01:55:47.000]  And if you start filing criminal charges, she's going to charge you with tampering of the government document.
[01:55:47.000 --> 01:55:52.000]  I looked right at her and said, she said that, did you? I said, yes, she did.
[01:55:52.000 --> 01:56:00.000]  I told her to get over here. And I pointed at her, you come over here. And I reached in my case and I pulled out 30 criminal complaints.
[01:56:00.000 --> 01:56:08.000]  Said, I got a whole stack of them here. I need her to verify these in accordance with her duty under article 2.06, code of criminal procedure.
[01:56:08.000 --> 01:56:12.000]  And I pointed at her, you get over here. And she's standing right next to the judge.
[01:56:12.000 --> 01:56:18.000]  And the lawyer's standing there and I handed him to him. I pushed him in his face. I said, here, take him.
[01:56:18.000 --> 01:56:25.000]  And he holds up both hands with his palms out. I'm not going to touch him. I said, take him.
[01:56:25.000 --> 01:56:34.000]  And he refused. I go to lunch. They dismissed my case while I was at lunch.
[01:56:34.000 --> 01:56:40.000]  They dismissed my case to protect my lawyer from me.
[01:56:40.000 --> 01:56:49.000]  They're all part of the same little group. And you start hammering these lawyers. You start messing with their careers.
[01:56:49.000 --> 01:56:53.000]  Hammer that judge every chance you get. He is not going to be your buddy.
[01:56:53.000 --> 01:57:01.000]  So go in there and judiciously complain. Bar grievances against the lawyer. Go to bargrievance.net.
[01:57:01.000 --> 01:57:07.000]  You can fill one out on there. That's one of my websites. Really make their life a living hell.
[01:57:07.000 --> 01:57:15.000]  You're a pro se. You can do that. Lawyers can't do it, but pro se's can. That's why they hate pro se's.
[01:57:15.000 --> 01:57:16.000]  But you can have fun.
[01:57:16.000 --> 01:57:20.000]  They don't hate pro se. Oh, that's the problem. You wind up having too much fun.
[01:57:20.000 --> 01:57:29.000]  One of the marks in Wisconsin, after the second credit card company paid him several thousand to go away and leave him alone,
[01:57:29.000 --> 01:57:33.000]  he was complaining that he didn't have any more credit cards.
[01:57:33.000 --> 01:57:37.000]  He needed to go get some so he beat him up some more.
[01:57:37.000 --> 01:57:42.000]  Yeah, it is a whole different situation when you're going after them.
[01:57:42.000 --> 01:57:47.000]  And you should really go after these guys.
[01:57:47.000 --> 01:57:51.000]  They make it better for the next guy to come along.
[01:57:51.000 --> 01:57:57.000]  And during that conversation, you had talked about quiet title action.
[01:57:57.000 --> 01:58:00.000]  That sounds interesting because there was a breach of contract.
[01:58:00.000 --> 01:58:08.000]  You talked about the severability clause and also the uniform covenant number 20.
[01:58:08.000 --> 01:58:11.000]  Both of those were violated.
[01:58:11.000 --> 01:58:16.000]  And is that something that can be useful in a quiet title action?
[01:58:16.000 --> 01:58:23.000]  Oh, absolutely. You need to contact David and this is what we do.
[01:58:23.000 --> 01:58:26.000]  We can put you together something just for that purpose.
[01:58:26.000 --> 01:58:33.000]  I do a complete evaluation of all the county records and turn it all into claims against them.
[01:58:33.000 --> 01:58:37.000]  Okay, we're about to go to break. Randy Kelton, Deborah Stevens, Root of La Radio.
[01:58:37.000 --> 01:58:43.000]  And my caller page is crapped out. You want to bring us out, Joe?
[01:58:43.000 --> 01:58:49.000]  I'm sorry? Top of the hour. We'll be right back.
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