ROL_2013-10-25_16k_Hr3-4.timecode

[00:15.000 --> 00:24.000]  Gold opens today at $1,341, silver at $22.42, and bitcoin is trading at $194.
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[00:49.000 --> 00:50.000]  And now the news.
[00:50.000 --> 00:57.000]  Liberty activist Adam Kokash, citing the Supreme Court's D.C. v. Heller, as well as his Marine Corps constitutional oath,
[00:57.000 --> 01:00.000]  pleads not guilty in a Washington, D.C. courtroom.
[01:00.000 --> 01:06.000]  That happened yesterday during a status conference hearing, which included the addition of new charges for Kokash.
[01:06.000 --> 01:10.000]  Already charged with carrying a rifle or shotgun outside a home or place of business,
[01:10.000 --> 01:16.000]  Kokash now faces charges of possession of an unregistered firearm, unlawful possession of a firearm or destructive device,
[01:16.000 --> 01:20.000]  and unlawful possession of a firearm, according to court documents.
[01:20.000 --> 01:29.000]  The charges stem from a July 4th YouTube video, apparently showing Kokash loading a shotgun on D.C.'s Freedom Plaza.
[01:29.000 --> 01:36.000]  Last evening, the Texas Observer held an event titled Policing the Houston Police at Texas Southern University in Houston.
[01:36.000 --> 01:41.000]  The event came on the heels of an investigative piece by Observer journalist Emily DePrague,
[01:41.000 --> 01:46.000]  which revealed systemic abuse to citizens nearly every day in Houston.
[01:46.000 --> 01:52.000]  Although the event was billed as a panel discussion, many attendees were obviously upset at the format of the event.
[01:52.000 --> 01:57.000]  Audience members were told to write their questions down on note cards that would be reviewed by the panelists.
[01:57.000 --> 02:03.000]  Before the event was over, a number of audience members were visibly distraught and walked out.
[02:03.000 --> 02:06.000]  Despite having no secondhand smoke and containing no tobacco,
[02:06.000 --> 02:13.000]  the Ada, Oklahoma City, Council banned electronic cigarettes as part of their No Tobacco on Public Property policy.
[02:13.000 --> 02:21.000]  It came as a shock to e-cigarette proponents, who had been assured those products would only receive an 18 and over age restriction, not an allowed ban.
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[02:35.000 --> 02:41.000]  Support also comes from Austin Animal Clinic, celebrating their 59th year of quality, compassionate pet care.
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[02:52.000 --> 02:57.000]  This is the Liberty Beat for Friday, October 25th, 2013.
[02:57.000 --> 03:16.000]  Be sure to check out our website, thelibertybeat.com.
[03:16.000 --> 03:28.000]  Well, I received my remedy today. Came in a box, just like they say, I accepted it for value right away.
[03:28.000 --> 03:52.000]  Okay, we are back. Randy Kelton, Debra Stevens, Steve Skidmore, Rue La Radio, and Steve thought that was a creative outro.
[03:52.000 --> 03:54.000]  A rather creative, yeah.
[03:54.000 --> 03:58.000]  That's what happens when I lose my timing.
[03:58.000 --> 04:03.000]  Well, I said over the break, it's always, the best part of any movie is always the bloopers.
[04:03.000 --> 04:07.000]  Always the bloopers. And so we got plenty of those.
[04:07.000 --> 04:08.000]  Oh yeah.
[04:08.000 --> 04:25.000]  Okay, we're talking to James, and James, if you had someone that just fell into a potential foreclosure situation and they wanted to take up their issue,
[04:25.000 --> 04:33.000]  where would you send them, how would you orient them in a way so that they could come to understand their issue?
[04:33.000 --> 04:41.000]  The first thing that I would do is tell them, like you said, find everything that's in public records.
[04:41.000 --> 04:49.000]  Once you determine what's in public records, then look at it and see if every document has been lawfully filed,
[04:49.000 --> 04:59.000]  because almost all the 50 states have laws that make it a criminal offense if you file a document that's ineligible to be filed.
[04:59.000 --> 05:05.000]  And that goes against the signatory on the document or the firm that pushed it through.
[05:05.000 --> 05:13.000]  So you've got to know all the laws that apply everywhere, and when you stipulate or admit to something,
[05:13.000 --> 05:20.000]  you're probably waiving those criminal complaints that you need to file.
[05:20.000 --> 05:25.000]  Yeah, and let me touch on that a little.
[05:25.000 --> 05:32.000]  In studying, you know, I've done seminars all over the country, and every time I go to a different state,
[05:32.000 --> 05:38.000]  the first thing I want to do is pull out the penal code, go to criminal procedure, and go through them.
[05:38.000 --> 05:52.000]  And what I find is every state, in every state, what is illegal in Texas will be illegal everywhere I go.
[05:52.000 --> 06:05.000]  And what is right, what is amounts to due process in Texas, amounts to due process in most everywhere else.
[06:05.000 --> 06:12.000]  So when you go down and look at these documents, start asking yourself basic questions.
[06:12.000 --> 06:23.000]  Who filed it, and what authorities does he have to file it, and look at the document and say, does this look right?
[06:23.000 --> 06:26.000]  And kind of listen to your intuition.
[06:26.000 --> 06:31.000]  If you're just starting, you don't have a lot of intuition yet, but you've got some.
[06:31.000 --> 06:46.000]  If you have a loan by ABC Mortgage, and then you have an assignment of security instrument by BDF Mortgage,
[06:46.000 --> 06:55.000]  assigning it to PRQ Mortgage, you know, it's pretty simple to say, wait a minute, who the heck are those guys?
[06:55.000 --> 07:03.000]  If you see a name in there and you don't recognize it, ask yourself, how do they get here?
[07:03.000 --> 07:11.000]  If you see somebody signed a document, look in there, do you have anything in the record
[07:11.000 --> 07:18.000]  that says that this person has authority to sign this document for this company?
[07:18.000 --> 07:20.000]  It's called power of attorney.
[07:20.000 --> 07:28.000]  If it's not in there, then you should ask this person to prove that they have authority to sign this document.
[07:28.000 --> 07:30.000]  Look at the notary.
[07:30.000 --> 07:42.000]  Did the notary actually perform a proper acknowledgement of the document?
[07:42.000 --> 07:48.000]  And just from looking on the internet and listening to us talk and other people talk,
[07:48.000 --> 07:53.000]  this is a primary area of problems.
[07:53.000 --> 07:57.000]  So normally we look at a notary and we trust it.
[07:57.000 --> 08:00.000]  Well, with these banks, you can't trust anything.
[08:00.000 --> 08:08.000]  So look at all of the things you can ask questions about and then come up with every question you can.
[08:08.000 --> 08:12.000]  Make a list of all of the questions you come up with.
[08:12.000 --> 08:18.000]  And when you do that, then go back and look at the questions.
[08:18.000 --> 08:25.000]  Issues will almost invariably become obvious.
[08:25.000 --> 08:29.000]  You will see the same questions coming up over and over.
[08:29.000 --> 08:34.000]  And then you look at the document, does this seem right to you?
[08:34.000 --> 08:38.000]  Sometimes something won't seem right, but when you look a little deeper,
[08:38.000 --> 08:42.000]  you'll find there's some law that supports it.
[08:42.000 --> 08:48.000]  But most of the time, if this doesn't seem right, it's probably not.
[08:48.000 --> 08:57.000]  And frankly, in research law, I use that all the time as a kind of a bellwether.
[08:57.000 --> 09:03.000]  I read something and I say, wait a minute, that don't seem right.
[09:03.000 --> 09:08.000]  That seems like it would create an injustice.
[09:08.000 --> 09:15.000]  It looks as though it would create an opportunity to fraud.
[09:15.000 --> 09:23.000]  And almost always when I go and research it, people defraud one another.
[09:23.000 --> 09:25.000]  People are scoundrels.
[09:25.000 --> 09:32.000]  And just about every dirty, rotten thing a person can do has been done at one time or another.
[09:32.000 --> 09:38.000]  And the legislators have put laws in place to address those issues,
[09:38.000 --> 09:41.000]  just a matter of finding them.
[09:41.000 --> 09:46.000]  Every state has a very well-developed corpus juris, body of law.
[09:46.000 --> 09:57.000]  And like I made reference to that king in 5,500 years ago, he was addressing the same issues.
[09:57.000 --> 10:02.000]  People have been addressing these same issues for 6,000 years that we know of.
[10:02.000 --> 10:08.000]  So first blush if you're just starting.
[10:08.000 --> 10:13.000]  Look into your own knowledge base.
[10:13.000 --> 10:16.000]  If something doesn't look right, there's a good chance it's not.
[10:16.000 --> 10:20.000]  Does that make – does that sound – you have any comment on that, James?
[10:20.000 --> 10:22.000]  Am I full of crap, Ola?
[10:22.000 --> 10:24.000]  No, you're absolutely correct.
[10:24.000 --> 10:29.000]  There's one major problem that comes up is there's a time constraint
[10:29.000 --> 10:35.000]  that the people don't have time to learn all the laws that wrap the kisses, the chocolates.
[10:35.000 --> 10:43.000]  So at that point, they're going to have to get to the learned ones that really know how it applies,
[10:43.000 --> 10:47.000]  and they are very few and far between.
[10:47.000 --> 10:51.000]  And my apologies to law professors because they do teach law,
[10:51.000 --> 10:57.000]  but a lot of attorneys leave law school and treat it as lie school.
[10:57.000 --> 10:59.000]  Exactly.
[10:59.000 --> 11:08.000]  And I'm amazed at what lawyers don't know, and a lot of times they do know things.
[11:08.000 --> 11:18.000]  But lawyers are reluctant to argue an issue that's not a standard type of issue to argue
[11:18.000 --> 11:23.000]  and is not an issue that they have argued before.
[11:23.000 --> 11:27.000]  And this goes to the box the lawyer lives in.
[11:27.000 --> 11:34.000]  One of the biggest fears a lawyer has is missing something important.
[11:34.000 --> 11:39.000]  The second biggest fear he has is citing bad case law.
[11:39.000 --> 11:42.000]  That'll get him sanctioned real fast.
[11:42.000 --> 11:48.000]  You can cite bad case law and the judges say, you really need to do your homework.
[11:48.000 --> 11:51.000]  But a lawyer is learning counsel.
[11:51.000 --> 11:55.000]  He cannot claim he made a mistake.
[11:55.000 --> 11:57.000]  He gets sanctioned.
[11:57.000 --> 12:03.000]  So that's why lawyers tend not to take on the issues you want them to.
[12:03.000 --> 12:10.000]  They only want to take on issues they're accustomed to because they're terrified.
[12:10.000 --> 12:13.000]  They're terrified of judges. They're terrified of the bar.
[12:13.000 --> 12:16.000]  They're terrified of everything.
[12:16.000 --> 12:19.000]  So they're only going to do what's easy for them.
[12:19.000 --> 12:25.000]  This goes to this primary issue that your lawyer's not on your side.
[12:25.000 --> 12:26.000]  Hey, Randy.
[12:26.000 --> 12:27.000]  Yes.
[12:27.000 --> 12:30.000]  In regard to filing fraudulent documents here in the state of Texas,
[12:30.000 --> 12:35.000]  you won't find the law regarding the filing of fraudulent documents
[12:35.000 --> 12:37.000]  with the county clerk in the penal code.
[12:37.000 --> 12:42.000]  You will, however, find it in Texas government code section 51.904,
[12:42.000 --> 12:49.000]  which states a clerk described by section 51.901A, and that's all clerks,
[12:49.000 --> 12:56.000]  shall post a sign and letters at least one inch high that is clearly visible
[12:56.000 --> 13:02.000]  to the general public in or near the clerk's office stating that it is a crime
[13:02.000 --> 13:07.000]  to intentionally or knowingly file a fraudulent court record
[13:07.000 --> 13:10.000]  or a fraudulent instrument with the clerk.
[13:10.000 --> 13:16.000]  Now, I went down and handed this statute, printed out on a piece of paper
[13:16.000 --> 13:21.000]  to our illustrious clerks down there at the airport drive here in Austin, Texas,
[13:21.000 --> 13:28.000]  and informed them that I could find nowhere this sign that is to be posted.
[13:28.000 --> 13:32.000]  And it still has not been posted. That was a year ago.
[13:32.000 --> 13:39.000]  Well, that is unusual because most of them have it posted.
[13:39.000 --> 13:45.000]  What that tends to refer to is 37.10 penal code.
[13:45.000 --> 13:54.000]  However, section 32 addresses securing and executing a document by deception
[13:54.000 --> 13:56.000]  and a couple of other things.
[13:56.000 --> 13:57.000]  Gotcha.
[13:57.000 --> 14:06.000]  And it has as to records filed with the county registrar's office.
[14:06.000 --> 14:16.000]  There is a special procedure for those, and that goes to 51.903.
[14:16.000 --> 14:20.000]  I'm sorry, actually it's in 51.901,
[14:20.000 --> 14:27.000]  where if a clerk has reason to believe that a document is fraudulent
[14:27.000 --> 14:32.000]  as defined by 51.901bc2, I think it is.
[14:32.000 --> 14:33.000]  Yep.
[14:33.000 --> 14:43.000]  And what that statute defines as fraudulent is not the same as your normal fraud statute.
[14:43.000 --> 14:55.000]  If a document is filed in the record and the filer has no document in the record
[14:55.000 --> 14:59.000]  showing that they have authority to make the filing,
[14:59.000 --> 15:05.000]  then it is presumed that the filing is fraudulent.
[15:05.000 --> 15:07.000]  So that's what they mean by that.
[15:07.000 --> 15:16.000]  If you have a deed of trust, if the borrower granted a deed of trust to ABC mortgage
[15:16.000 --> 15:26.000]  and you have a corporate transfer or a corporate assignment of deed of trust,
[15:26.000 --> 15:35.000]  not by ABC mortgage but by DES mortgage to XYZ mortgage,
[15:35.000 --> 15:41.000]  where does DEF have a document showing that they have authority
[15:41.000 --> 15:46.000]  to file anything in the record affecting the title?
[15:46.000 --> 15:52.000]  There's nothing in between ABC and them, so therefore by statute,
[15:52.000 --> 15:56.000]  that document is presumed to be fraudulent.
[15:56.000 --> 15:57.000]  Gotcha.
[15:57.000 --> 16:00.000]  That doesn't mean they committed fraud.
[16:00.000 --> 16:07.000]  It's like if you don't take a sobriety test, that establishes prima facie.
[16:07.000 --> 16:15.000]  This 51.901 establishes prima facie if they hadn't connected all the dots.
[16:15.000 --> 16:22.000]  And then there is a statute 3278, I believe, it might be 76,
[16:22.000 --> 16:28.000]  but if a document has been filed that is fraudulent,
[16:28.000 --> 16:33.000]  if you demand that the filer remove the document,
[16:33.000 --> 16:40.000]  and they fail to do so within six weeks, then it becomes a crime.
[16:40.000 --> 16:43.000]  Until that time, it's not a crime.
[16:43.000 --> 16:46.000]  31.10 doesn't exactly apply here.
[16:46.000 --> 16:48.000]  That's kind of where we're going.
[16:48.000 --> 16:53.000]  Hang on, Randy Kelton, Debra Stevens, Steve Skidmore, Wheel of Law Radio,
[16:53.000 --> 17:00.000]  our call in number 512-646-1984, we'll be right back.
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[19:01.000 --> 19:11.000]  You are listening to the Logos Radio Network, the LogosRadioNetwork.com.
[19:11.000 --> 19:17.000]  We don't let nothing get to you. Only the Father can deliver you.
[19:17.000 --> 19:24.000]  So don't let bad mind people hurt you. Until Satan get behind you.
[19:24.000 --> 19:29.000]  Know what I mean, my friend? Knowledge of children. Come on.
[19:29.000 --> 19:34.000]  Those things are hurting me pretty. Telling you problems and things.
[19:34.000 --> 19:37.000]  Calling his name once again.
[19:39.000 --> 19:44.000]  Okay, we are back. We're at the Kelton Davis students' Rue Law Radio
[19:44.000 --> 19:48.000]  here with our special guest, Steve Skidmore.
[19:48.000 --> 19:52.000]  And we're talking to James in Texas.
[19:52.000 --> 19:56.000]  Let me go back and unmute Mr. James.
[19:56.000 --> 20:00.000]  I'm trying to do two VCs at once here. I'm trying to look up this statue
[20:00.000 --> 20:01.000]  that I was talking about.
[20:01.000 --> 20:03.000]  Okay, James, are you there?
[20:03.000 --> 20:09.000]  I'm here. And the one thing that I've got to go against a little bit
[20:09.000 --> 20:12.000]  is the one-inch signs, this general public notice.
[20:12.000 --> 20:17.000]  Well, you've got to remember these attorneys, the financial institutions,
[20:17.000 --> 20:20.000]  when they file these documents, it's done electronically.
[20:20.000 --> 20:26.000]  They're never even going to step foot inside of the clerk's office to see these signs.
[20:26.000 --> 20:32.000]  Okay, here is, yeah, that's an issue that Joe brought up in his pleadings
[20:32.000 --> 20:44.000]  in his documents that under 15 U.S.C. 7001, I'm sorry, 7003,
[20:44.000 --> 20:48.000]  that this is something I'm going to want to go look at.
[20:48.000 --> 20:52.000]  If, no, no, no, they don't do it totally electronically.
[20:52.000 --> 21:00.000]  They mail the document to the clerk, and the clerk scans it into their system
[21:00.000 --> 21:02.000]  and sends it back.
[21:02.000 --> 21:09.000]  What I want to see is the document they send to the clerk.
[21:09.000 --> 21:14.000]  Is that the original?
[21:14.000 --> 21:18.000]  Well, Randy, you're talking about the deed of trust at that time.
[21:18.000 --> 21:25.000]  I'm talking about assignments and all that that are allowed to be electronically transmitted.
[21:25.000 --> 21:28.000]  And in closing, I'm going to say with, you know,
[21:28.000 --> 21:31.000]  with these attorneys representing these financial institutions,
[21:31.000 --> 21:34.000]  you're going to hear them say, well, I'm just doing my job.
[21:34.000 --> 21:36.000]  I've got my kids to feed.
[21:36.000 --> 21:45.000]  Well, if you go to the rule of God's law, the parent is going to set the conditions
[21:45.000 --> 21:51.000]  for the child, so if they both got to eat Cheerios in hell, so be it.
[21:51.000 --> 21:54.000]  Yeah, that, I'm just doing my job.
[21:54.000 --> 21:56.000]  That don't fly very well.
[21:56.000 --> 21:58.000]  I tell them, so am I.
[21:58.000 --> 22:02.000]  It didn't work very well for a few guys at the Nuremberg trials.
[22:02.000 --> 22:05.000]  Nuremberg, yeah, I wasn't going to go to Nuremberg.
[22:05.000 --> 22:06.000]  I will.
[22:06.000 --> 22:07.000]  Yeah.
[22:07.000 --> 22:10.000]  You know, all I'm doing is my job, Bubba.
[22:10.000 --> 22:15.000]  You know, if you violate a law, it's my duty to report the crime.
[22:15.000 --> 22:20.000]  If you breach a American Bar Association model standard
[22:20.000 --> 22:25.000]  or a Texas state or whatever state bar association standard,
[22:25.000 --> 22:28.000]  it's my responsibility to give notice.
[22:28.000 --> 22:31.000]  If it hurts you, life is tough.
[22:31.000 --> 22:34.000]  Deal with it.
[22:34.000 --> 22:45.000]  So anyway, I was really kind of, oh, when I was talking earlier about this in Texas,
[22:45.000 --> 22:51.000]  this thing of filing fraudulent documents with the county registrar
[22:51.000 --> 22:59.000]  is different than filing a fraudulent document in other places
[22:59.000 --> 23:07.000]  because a fraudulent document, as concerns the county registrar,
[23:07.000 --> 23:12.000]  is specifically defined by 51901.
[23:12.000 --> 23:16.000]  And that's merely defined as a document filed by someone
[23:16.000 --> 23:19.000]  who doesn't have authority to make the filing.
[23:19.000 --> 23:30.000]  And under 3249 penal code, refusal to execute release of fraudulent lien or claim.
[23:30.000 --> 23:37.000]  And an assignment is a transfer of a claim and it does fall under.
[23:37.000 --> 23:42.000]  A person commits an offense if, with intent to defraud or harm another,
[23:42.000 --> 23:47.000]  the person owns, holds, or is a beneficiary of a purported lien or claim
[23:47.000 --> 23:50.000]  inserted against real property or personal property
[23:50.000 --> 23:53.000]  or an interest in real or personal property that is fraudulent,
[23:53.000 --> 23:58.000]  as described by 51901 C, government code,
[23:58.000 --> 24:06.000]  and not later than the 21st day after the date of receipt of actual or written notice
[24:06.000 --> 24:09.000]  sent by either certified or registered mail,
[24:09.000 --> 24:13.000]  return receipt requested to the person's last known address,
[24:13.000 --> 24:18.000]  or by telephonic document transfer to the recipient's current telephone number,
[24:18.000 --> 24:24.000]  requesting the execution of a release of the fraudulent lien or claim,
[24:24.000 --> 24:30.000]  refuses to execute the release on the request of the obligator or debtor,
[24:30.000 --> 24:34.000]  any person who owns any interest in the real or personal property
[24:34.000 --> 24:40.000]  described in the document or instrument that is the basis for the claim.
[24:40.000 --> 24:44.000]  Any person who fails to execute a release of the purported lien or claim
[24:44.000 --> 24:48.000]  within the period prescribed by section A2, that's 21 days,
[24:48.000 --> 24:54.000]  is presumed to have had the intent to harm or defraud another.
[24:54.000 --> 24:58.000]  An offense under this section is a class A misdemeanor.
[24:58.000 --> 25:05.000]  That is the remedy for a document that you believe has been filed improperly.
[25:05.000 --> 25:13.000]  And there's a second, there's a requirement on the part of the clerk under 51903,
[25:13.000 --> 25:18.000]  if the clerk has reason to, I'm sorry, 51901,
[25:18.000 --> 25:24.000]  if the clerk has reason to believe that a document that was filed
[25:24.000 --> 25:31.000]  in the county registrar's office is fraudulent, the clerk must go ahead and file it.
[25:31.000 --> 25:35.000]  And then the clerk has two days to notify the district judge that the clerk
[25:35.000 --> 25:37.000]  has reason to believe that it's fraudulent.
[25:37.000 --> 25:43.000]  And the district judge can issue an order rescinding the document.
[25:43.000 --> 25:50.000]  And 51903 is another tool that you can petition the district court
[25:50.000 --> 25:54.000]  if you have reason to believe that the document's fraudulent
[25:54.000 --> 26:02.000]  and if the clerk doesn't, under 51903 you can file an action with the district court
[26:02.000 --> 26:08.000]  and there is no filing fee asking the district court to rule that the document is fraudulent.
[26:08.000 --> 26:17.000]  If 51901 are instructions for the clerk and 51903 are instructions for a debtor or obligor.
[26:17.000 --> 26:25.000]  Exactly. So those are remedies for these documents that are improperly filed.
[26:25.000 --> 26:31.000]  Okay, James, did James drop off? Looks like he did.
[26:31.000 --> 26:37.000]  Okay, we are going to go to Francis in Colorado.
[26:37.000 --> 26:39.000]  Hello, Ms. Francis.
[26:39.000 --> 26:41.000]  Hi, Randy. How are you tonight?
[26:41.000 --> 26:43.000]  I am doing good.
[26:43.000 --> 26:47.000]  Okay, thank you for the tool deal.
[26:47.000 --> 26:52.000]  Well, hey, I was going to ask a bunch of questions from Joe
[26:52.000 --> 26:57.000]  about how to go down the bankruptcy versus how to work on the foreclosure,
[26:57.000 --> 26:59.000]  but I think I can do that on my own.
[26:59.000 --> 27:04.000]  So what I would like to talk about is filing this federal case
[27:04.000 --> 27:10.000]  regarding my mother-in-law and the issues up in South Dakota.
[27:10.000 --> 27:14.000]  Okay, so we have got the case in South Dakota, so we have got the mother who is incompetent
[27:14.000 --> 27:18.000]  and we have got Galen who is a court-assigned guardian
[27:18.000 --> 27:23.000]  but has a power of attorney, durable power of attorney, but that never entered into the court.
[27:23.000 --> 27:27.000]  And so now we are, because they have just gone off the rails,
[27:27.000 --> 27:33.000]  we need to connect the dots from South Dakota with mom and Galen to Colorado with Galen
[27:33.000 --> 27:38.000]  and is the mom involved here at all?
[27:38.000 --> 27:43.000]  As far as you are filing the RICO suit or claims against them,
[27:43.000 --> 27:52.000]  since part of their acts has affected Galen, then Colorado can have jurisdiction.
[27:52.000 --> 27:59.000]  Okay, so do we name Galen and his mother as move-ins or plaintiffs?
[27:59.000 --> 28:02.000]  No, no, just Galen.
[28:02.000 --> 28:05.000]  His mother is incompetent. She cannot be a plaintiff.
[28:05.000 --> 28:07.000]  That is true.
[28:07.000 --> 28:11.000]  And he is responsible for her.
[28:11.000 --> 28:17.000]  He has power of attorney to act in her benefit, so he only needs to file.
[28:17.000 --> 28:18.000]  Okay.
[28:18.000 --> 28:26.000]  It probably wouldn't hurt to add your mother since he has power of attorney and he can act for her.
[28:26.000 --> 28:28.000]  But that will be kind of questionable.
[28:28.000 --> 28:32.000]  If she is incompetent, she is unable to give consent for the suit,
[28:32.000 --> 28:35.000]  so all he really needs to do is file in his own name.
[28:35.000 --> 28:37.000]  Okay, okay.
[28:37.000 --> 28:44.000]  If they raise an issue, he can refile and add her name to it, but I don't think they will.
[28:44.000 --> 28:46.000]  Okay, later, okay.
[28:46.000 --> 28:55.000]  So all right, so we are going to do, now the thing that they are trying to do to him is that he and his mother both own her trailer.
[28:55.000 --> 29:01.000]  She put his name with the letter, with the name, with the word or in the title.
[29:01.000 --> 29:03.000]  So she could have sold it and he could sell it.
[29:03.000 --> 29:09.000]  So they are trying to get that away and stop him from selling it and, you know, all that.
[29:09.000 --> 29:11.000]  Oh, that is great.
[29:11.000 --> 29:17.000]  Now you have the full value of the trailer as benefit of the bargain.
[29:17.000 --> 29:18.000]  Okay.
[29:18.000 --> 29:25.000]  They are interfering with the sale, denies him and the mother of the benefit of the bargain.
[29:25.000 --> 29:28.000]  Is that torties interference?
[29:28.000 --> 29:30.000]  No, there is no contract yet.
[29:30.000 --> 29:32.000]  Ah, got you.
[29:32.000 --> 29:34.000]  But he has lost this bargain.
[29:34.000 --> 29:37.000]  So he had a right to the benefit of that bargain.
[29:37.000 --> 29:39.000]  Maybe they interfered with that.
[29:39.000 --> 29:40.000]  So he made that claim.
[29:40.000 --> 29:48.000]  And since he is in Colorado, they are in North Dakota, that is clearly the diverse jurisdiction.
[29:48.000 --> 29:52.000]  Hang on, Randy Kelton, Derby Stevens, Rule of Law Radio.
[29:52.000 --> 29:55.000]  I call him number 512-646-1984.
[29:55.000 --> 30:02.000]  We will be right back.
[30:26.000 --> 30:27.000]  So protect your rights.
[30:27.000 --> 30:31.000]  Say no to surveillance and keep your information to yourself.
[30:31.000 --> 30:33.000]  Privacy, it is worth hanging on to.
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[33:01.000 --> 33:11.000]  Live free speech radio, logosradionetwork.com
[33:31.000 --> 33:42.000]  Mmm, yeah, I want, oh I want
[33:42.000 --> 33:48.000]  I won't let you pull the wool over my eyes
[33:48.000 --> 33:57.000]  Okay, Randy Kelton, Devin Stevens, Weed Law Radio, and we are talking to Francis in Colorado.
[33:57.000 --> 34:04.000]  Okay, I thought, hold on Mr. Francis, I think I got you unneeded, it didn't take.
[34:04.000 --> 34:06.000]  Okay, gotcha.
[34:06.000 --> 34:11.000]  Okay, we are getting a contract, there was somebody that was interested in it
[34:11.000 --> 34:17.000]  and so the broker talked to Galen when he was up there, so there is going to be a contract on it.
[34:17.000 --> 34:25.000]  Wonderful, wonderful, that's what you need to make a claim for loss of the benefit of the bargain.
[34:25.000 --> 34:27.000]  Okay.
[34:27.000 --> 34:36.000]  And since you're in Colorado, they're in North Dakota, they can't argue jurisdiction.
[34:36.000 --> 34:46.000]  They may argue venue, but let them, since you're in Colorado, then you can file in the venue that you're in.
[34:46.000 --> 34:53.000]  They may argue that since it's a real property, you have to file in the venue where the property is.
[34:53.000 --> 34:56.000]  It's a real property.
[34:56.000 --> 35:01.000]  Yeah, I doubt that, I don't think they'll be able to get it back to North Dakota.
[35:01.000 --> 35:09.000]  And you get it out of the state, into the Fed anyway, and if you name the lawyers themselves,
[35:09.000 --> 35:13.000]  the lawyers are going to have to hire lawyers.
[35:13.000 --> 35:21.000]  And what I have found is, you know how lawyers are bad about screwing clients?
[35:21.000 --> 35:28.000]  They don't care if the clients are lawyers or not, they screw them just the same.
[35:28.000 --> 35:33.000]  So this would be great, the lawyers would get back what they give out.
[35:33.000 --> 35:39.000]  And when you sue them all in the federal court, they're going to get real excited.
[35:39.000 --> 35:48.000]  All right, so the other thing is they're trying to, of course we have the challenge agency as well, correct?
[35:48.000 --> 35:50.000]  Yes, yes, yes.
[35:50.000 --> 36:00.000]  Okay, and do we file the lawyers individually and in their corporate, I mean in their capacity or how do we name them?
[36:00.000 --> 36:02.000]  No, personally.
[36:02.000 --> 36:04.000]  Personally.
[36:04.000 --> 36:09.000]  Each one personally and individually.
[36:09.000 --> 36:13.000]  Not separately, but each name each one personally.
[36:13.000 --> 36:17.000]  That way each one has to have an attorney.
[36:17.000 --> 36:19.000]  Okay.
[36:19.000 --> 36:23.000]  This is not about whether you can win or not.
[36:23.000 --> 36:27.000]  This is about how much grief can you give these chumps?
[36:27.000 --> 36:29.000]  Absolutely.
[36:29.000 --> 36:34.000]  And if you file it RICO, and I apologize I didn't get you that blank RICO.
[36:34.000 --> 36:36.000]  I know I have it here somewhere.
[36:36.000 --> 36:40.000]  I have O'Connor's forms.
[36:40.000 --> 36:43.000]  I don't know if she has a RICO in there.
[36:43.000 --> 36:47.000]  Oh, wait a minute, I might be able to give you a link.
[36:47.000 --> 36:52.000]  I have the forms in a mind map.
[36:52.000 --> 36:56.000]  I will dig out the mind map.
[36:56.000 --> 37:01.000]  I haven't gotten my websites cleared.
[37:01.000 --> 37:14.000]  I may have to move all of my websites to, I've got an offshore virtual server because I keep getting malware in them and then Google blocks them all.
[37:14.000 --> 37:18.000]  What a pain in the neck.
[37:18.000 --> 37:26.000]  I've got all of them, all of them are blocked just about so I may set up some new names just to get them unblocked.
[37:26.000 --> 37:32.000]  I'll give you a link to the form so we can pull it down.
[37:32.000 --> 37:34.000]  But anyway, I'll get to the RICO form.
[37:34.000 --> 37:51.000]  I am in the process of putting together a RICO suit that I'm trying to structure the suit in a way that makes it essentially generic.
[37:51.000 --> 38:05.000]  So that I have all of the elements of a RICO suit in there and then each of the elements, the content, the individual will just stick in the content.
[38:05.000 --> 38:17.000]  So they have the form and I'll try to put an explanation in there on how to do a table of contents and table of authorities.
[38:17.000 --> 38:21.000]  This will have to be in there with this kind of suit.
[38:21.000 --> 38:30.000]  Anything to the Fed of this nature, they want it in a special format and they want a table of contents, a table of authorities.
[38:30.000 --> 38:35.000]  Word has a way to do that and I'll put in an explanation how to do that.
[38:35.000 --> 38:41.000]  But when they get a RICO suit, they are going to get really, really unhappy.
[38:41.000 --> 38:48.000]  Well, good. How about extortion? When they tried, they told Galen he could have his mom if they could keep to her control of her money.
[38:48.000 --> 38:51.000]  Oh, that is perfect.
[38:51.000 --> 38:56.000]  Across the phone lines.
[38:56.000 --> 39:00.000]  Do you record your conversations, Debbie, or I'm sorry, Frances?
[39:00.000 --> 39:04.000]  You know, my husband was at work and he did not.
[39:04.000 --> 39:15.000]  We recorded a phone call with her, but by that time we had so much time had told that she made the offer twice and her assistant made it another time.
[39:15.000 --> 39:19.000]  OK, he needs to sit down and write out an affidavit.
[39:19.000 --> 39:20.000]  Yes.
[39:20.000 --> 39:24.000]  This is the thing about a recording.
[39:24.000 --> 39:35.000]  If you try to bring a recording into court, they will jump up and down and wave their arms and rail in righteous indignation about the recording.
[39:35.000 --> 39:45.000]  But if you bring in an affidavit and you swear on your oath that this is exactly what was said, now they have a problem.
[39:45.000 --> 39:55.000]  One of my favorite times on the stand is I am two years after the fact. I am telling the lawyer exactly what was said.
[39:55.000 --> 39:59.000]  Are you sure that was said? I am absolutely certain that's what was said.
[39:59.000 --> 40:01.000]  But this was two years ago. I said, yes, it was.
[40:01.000 --> 40:05.000]  Mr. Hilton, you must have a photographic memory.
[40:05.000 --> 40:09.000]  Oh, no, I got a terrible memory.
[40:09.000 --> 40:16.000]  And I could see the judge in the corner of my eye. He ducked his hand, put his hand over his eyes.
[40:16.000 --> 40:21.000]  He sees this coming. The lawyer was too tied up in what he was doing.
[40:21.000 --> 40:24.000]  He didn't get it. You have a terrible memory?
[40:24.000 --> 40:25.000]  Yes, I do.
[40:25.000 --> 40:27.000]  And you're sure this is exactly what was said?
[40:27.000 --> 40:30.000]  Absolutely. That's exactly what was said.
[40:30.000 --> 40:33.000]  So if you have a terrible memory, how are you so sure?
[40:33.000 --> 40:45.000]  Well, that's it. I transcribed it off the recording. The judge said, no, no, counselor, you opened this door.
[40:45.000 --> 40:51.000]  He just gave foundation for me to enter the recording.
[40:51.000 --> 40:58.000]  Had I tried to enter the recording, he would have objected to it.
[40:58.000 --> 41:14.000]  But by telling him absolutely without question, this is exactly what was said, the only way he could rebut is to ask me how I could be certain.
[41:14.000 --> 41:24.000]  And a smart lawyer would never have done that because he would have seen this coming a mile off.
[41:24.000 --> 41:37.000]  So if they think you're reciting a transcript of a recording, then they're very unlikely to question the details.
[41:37.000 --> 41:38.000]  Okay.
[41:38.000 --> 41:45.000]  That gives foundation to bring in the recording and prove that you testified accurately.
[41:45.000 --> 41:46.000]  Okay, go ahead.
[41:46.000 --> 41:56.000]  Okay. Well, he has a durable power of attorney and a healthcare power of attorney, but his attorney, his former attorney, we didn't go through him.
[41:56.000 --> 42:05.000]  It was an off-the-shelf deal because the mother was kind of, she was competent at the time, but we could tell that she was sliding.
[42:05.000 --> 42:13.000]  And so the attorney refused to stand behind that and did not enter that into the court case in South Dakota, in Rapid City.
[42:13.000 --> 42:16.000]  And so do we just stand on that power of attorney?
[42:16.000 --> 42:19.000]  He entered it into the public record when he was there on Monday.
[42:19.000 --> 42:22.000]  If it's in the public record, they know about it.
[42:22.000 --> 42:24.000]  Well, they just went in on Monday.
[42:24.000 --> 42:27.000]  Okay, that'll work. That'll work.
[42:27.000 --> 42:32.000]  Now they have, he may just went in on Monday.
[42:32.000 --> 42:34.000]  It was, but it was-
[42:34.000 --> 42:48.000]  Oh, that may change things. So you mean you can't, it'll be harder for you to say that the court acted improperly if they didn't have knowledge of his power of attorney.
[42:48.000 --> 42:50.000]  And I'm not sure that they did.
[42:50.000 --> 42:56.000]  We haven't been able to get the documents, the guy that was in control of the records or whatever was sick for several days this week.
[42:56.000 --> 43:03.000]  Okay. What I suggest you do is sue the attorney who wouldn't put it in.
[43:03.000 --> 43:05.000]  Name him in the WICO suit.
[43:05.000 --> 43:08.000]  I will. Yep. Yep. We'll name it all six of them.
[43:08.000 --> 43:23.000]  You had power of attorney, it was durable power of attorney, and it was timely that your lawyer acted in concert and collusion with them and refused to file it in the record.
[43:23.000 --> 43:25.000]  Right. Okay.
[43:25.000 --> 43:31.000]  Oh, your attorney will have an apoplexy when you sue him for that.
[43:31.000 --> 43:44.000]  Oh, yeah. Well, the last time he talked to Galen, he told Galen that because Galen had filed information into the court pro se, he was, they were going to take his guardianship, his court-appointed guardianship, because he'd been a bad boy.
[43:44.000 --> 44:02.000]  We'll see how that, oh, that's good. You need that recorded. Hang on, Randy Kelton, Deborah Stevens, Steve Skidmore, Rule of Law Radio, our call in number 512-646-1984. We'll be right back.
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[46:13.000 --> 46:41.000]  Oh, always I must be careful what I'm wishing for. When I'm hungry, I like to know just what I'm fishing for. I ain't asking for much, I ain't trying to be no glutton.
[46:41.000 --> 47:08.000]  I'm just here making my living pushing buttons. I give my message out to anyone in shout and distance. I'm both for bravery and against slavery, showing resistance. First I'm crawling, then I'm walking, then I start strutting. I'm just so glad to make my living pushing buttons.
[47:08.000 --> 47:19.000]  Okay, we are back. Randy Kelton, Deborah Stevens, Steve Skidmore, Rule of Law Radio. We're talking to Frances in Texas. Frances, do you have anything else for us? Have you kind of covered everything?
[47:19.000 --> 47:33.000]  A TRO. I think we should file a temporary restraining order. Can we get anything stopped in South Dakota if we do that here? And then also to keep them from using Mrs. Amerson's money to defend themselves. That's what they're doing.
[47:33.000 --> 48:02.000]  You need to get your suit filed and as soon as you get your suit filed, you'll want to file a, not a TRO, but a preliminary injunction to maintain the status quo to prevent the courts from dispersing any of the state's funds.
[48:02.000 --> 48:25.000]  The only time you do a TRO is if some action is about to take place and you don't have at least 15 days to give notice to the party on the other side. There is no imminent action. All you want to do is maintain status quo and that's generally easy to get.
[48:25.000 --> 48:42.000]  Okay. So what they would just be able to do is since there's now a conservator involved because they didn't know about Galen's power of attorney, then she's supposed to pay Mrs. Amerson's bills and she gets $208.33 a month. That would be status quo, correct?
[48:42.000 --> 49:05.000]  Yes. Oh, yeah. Yeah, status quo. They would pay normal bills, but no extraordinary bills, especially no disbursements to these lawyers because the disbursements to the lawyers is the point of the suit and dispersing this money to the lawyers would have the effect of rendering the suit moot.
[49:05.000 --> 49:23.000]  Okay. Okay. And the last thing I had to just note was at the very end, I've never seen an order like all these orders and basically everything Galen has filed as guardian was to be denied and everything they asked for was to be granted.
[49:23.000 --> 49:37.000]  They were going to take the trailer for themselves into the estate and sell it and they were going to take Mrs. Amerson's car which is sitting outside my house. And then at the very end, Galen had forgotten what the guy had said.
[49:37.000 --> 49:57.000]  I'm not so stressed out, but they made an oral plea for the court to grant this guy that we challenged agency on to grant a court or grant them, you know, make them the court ordered attorney for Mrs. Amerson. Is that a smoking gun or is that just me?
[49:57.000 --> 50:16.000]  I don't know if that's a smoking gun or not. The fact that that he is that Galen's conservatorship hasn't been, wasn't filed with the court. We'll probably make that not a smoking gun.
[50:16.000 --> 50:31.000]  Well, the conservator was court appointed, but the attorney was not court appointed. This attorney started the case up. This attorney for Joyce and he's claimed that she signed the contract when she was incompetent.
[50:31.000 --> 50:47.000]  And at the end of the hearing on Monday, he said they asked for orally asked that the court appoint them. And the judge had said, well, you know, we've already decided agency. And I was like, oh, no, no, no, agency has proven. It's not decided. It's proven.
[50:47.000 --> 50:59.000]  And they in their motion to answer him said she signed the contract in October 2012, no particular date, but that was six months after she was deemed incompetent by her doctor.
[50:59.000 --> 51:08.000]  Okay. All of this you'll need to bring. It's clear that the, that this court is corrupt and biased.
[51:08.000 --> 51:09.000]  Okay.
[51:09.000 --> 51:19.000]  And this goes to standard problems around the country with probate courts. The lawyers do everything they can to completely swallow the estate.
[51:19.000 --> 51:31.000]  And that's what they're doing here. This is a standard procedure. This is criminal. So you bring them to the fed. They all know this is goes on all the time and they do it all the time.
[51:31.000 --> 51:45.000]  And I suspect when you bring them into the federal court on a Rico, they're going to want this thing to go away real fast. So they're likely to make you some deals to get this thing to go away.
[51:45.000 --> 51:53.000]  Okay. Well, they're like, they're, they have a temporary restraining order keeping her from leaving the state. Once she leaves the state, they lose jurisdiction.
[51:53.000 --> 52:05.000]  So that might be the primary thing is how can they hold her in the state?
[52:05.000 --> 52:16.000]  They have his guardian by the court and they really can. And they had doctor's orders and they were, he, she was discharged in South Dakota and admitted in Colorado.
[52:16.000 --> 52:26.000]  So this, this will go to the criminal behavior. Bring this to the federal court. The good chance federal courts going to send the mother to the dog, to the son.
[52:26.000 --> 52:29.000]  Okay. Oh, they can do that too.
[52:29.000 --> 52:38.000]  Yes, they can do. They can override everything this court's done. If they find the courts acted improperly, they'll throw out everything they're done.
[52:38.000 --> 52:46.000]  Okay. Well, I did find the head judge so I can send a inquiry on that. And then we still have to go after the bank or should we name the bank down here too?
[52:46.000 --> 52:51.000]  The bank hasn't been involved yet. I mean, the bank let the other brothers steal all the money.
[52:51.000 --> 52:53.000]  But that's involved.
[52:53.000 --> 52:56.000]  That's it. So I named the bank in the federal case as well.
[52:56.000 --> 53:03.000]  Absolutely. Okay. That'll make them real unhappy.
[53:03.000 --> 53:10.000]  And the more unhappy you can make, the more likely they are to come to the table and make you a deal you cannot pass up.
[53:10.000 --> 53:18.000]  Okay. Well, good. I just want my mother-in-law here by Halloween probably out of the question, but Thanksgiving.
[53:18.000 --> 53:22.000]  That may be out of the question too, but we'll see.
[53:22.000 --> 53:26.000]  Maybe the court may move quickly on that part.
[53:26.000 --> 53:31.000]  Yeah, she's had a stroke. You know, she's on, as my dad used to say, she's on her final approach.
[53:31.000 --> 53:33.000]  Yeah.
[53:33.000 --> 53:41.000]  And so, and she's got the dementia. The longer we go, the less likely she's going to have the time with Galen and know who he is, et cetera.
[53:41.000 --> 53:46.000]  I'm pretty sure she's forgotten me. But she's crying every time we talk to her.
[53:46.000 --> 53:52.000]  And I keep telling Galen, you've got to carry a recorder in court every time you talk to her about that. So anyway.
[53:52.000 --> 54:01.000]  Okay. I will get my, I got my stuff done and I'll send you some, my motion for the bankruptcy. Would you like to, would you look at that?
[54:01.000 --> 54:02.000]  Yes, I would.
[54:02.000 --> 54:08.000]  Okay. And because I think part of it is going to be pulled out and put into a motion to vacate the 120.
[54:08.000 --> 54:13.000]  And I think you can probably pull stuff out and give it to other people, which is fine with me. I love that.
[54:13.000 --> 54:18.000]  Randy loves to plagiarize. That's one of his, that's one of his better talents.
[54:18.000 --> 54:20.000]  Yes, I do.
[54:20.000 --> 54:28.000]  I learned that from him and I stole the agency thing from, from Randy. I plagiarized the plagiarizer.
[54:28.000 --> 54:30.000]  Oh, there's a trick.
[54:30.000 --> 54:35.000]  Oh, I can't believe you plagiarized my work.
[54:35.000 --> 54:43.000]  I'll tell you what, it was like Luke Skywalker pulling the trigger and hitting that spot in the Death Star.
[54:43.000 --> 54:48.000]  Exactly what this looks like. So Bravo. Thank you so much.
[54:48.000 --> 54:51.000]  Okay. Thank you, Ms. Francis.
[54:51.000 --> 54:56.000]  We've got a stack of callers. I'm going to move on.
[54:56.000 --> 55:05.000]  Okay. We're going to Shirley in Wisconsin. Hello, Ms. Shirley.
[55:05.000 --> 55:09.000]  Shirley, are you there?
[55:09.000 --> 55:18.000]  I think we have lost Ms. Shirley. Okay. We're going to go to Sharon in California.
[55:18.000 --> 55:20.000]  Hello, Ms. Sharon.
[55:20.000 --> 55:23.000]  Hello. I'm Randy.
[55:23.000 --> 55:25.000]  Howdy. What do you have for us today?
[55:25.000 --> 55:36.000]  Well, I have a case in Superior Court and one of my, one of the things on there was a substitution of trustee.
[55:36.000 --> 55:47.000]  I went to the county recorder's office, like you said, and there was never a substitute of trustee for the foreclosure attorney to foreclose.
[55:47.000 --> 55:52.000]  Never find anything. And so.
[55:52.000 --> 56:01.000]  Okay. Hold on. Did you have the clerk want to search and give you a copy of the search that the clerk ran?
[56:01.000 --> 56:05.000]  Well, I searched, I can go online. I did it from home and searched.
[56:05.000 --> 56:17.000]  No, no, no, no. You don't understand. You need to go down to the clerk, ask the clerk to run a search and give you a list of everything the clerk finds.
[56:17.000 --> 56:19.000]  Oh, okay.
[56:19.000 --> 56:26.000]  Well, you've got something from the clerk saying that the official record keeper took a look and there's nothing there.
[56:26.000 --> 56:34.000]  Okay. Well, I can still go down there to do that because I remember I did go down there. I did it myself. I never had the clerk do it.
[56:34.000 --> 56:37.000]  Okay. But I can still do that. So.
[56:37.000 --> 56:45.000]  Yeah. This way you get a third party to be, to show, you know, if the clerk can't find it.
[56:45.000 --> 56:46.000]  Yeah.
[56:46.000 --> 56:50.000]  You know, it's not in the public. Now you may go down there and make a mistake.
[56:50.000 --> 56:51.000]  Right.
[56:51.000 --> 56:59.000]  But the clerk is not going to be presumed to have made a mistake. So if the clerk can't find it, you don't care if it is filed.
[56:59.000 --> 57:00.000]  Oh, okay.
[57:00.000 --> 57:04.000]  It's not properly filed. It's not available.
[57:04.000 --> 57:12.000]  On the one I spoke about earlier, when I couldn't find it, I went straight to the clerk and asked the clerk to run a search.
[57:12.000 --> 57:23.000]  And I have a copy of the search the clerk ran. So it's not my word they have to take. It's the clerk's word that it doesn't exist. And that's what you want.
[57:23.000 --> 57:24.000]  Okay.
[57:24.000 --> 57:25.000]  Okay. Go ahead.
[57:25.000 --> 57:37.000]  Okay. Well, that's, yeah, I'll go do that. But what happened is in discovery, the attorney for the aside came up and said, yes, there is a substitution of trustee and gave me,
[57:37.000 --> 57:48.000]  put the numbers down that it was filed under. So then I brought it up and there was one. But like I said, it didn't come under my name or anything.
[57:48.000 --> 57:52.000]  So, yeah, that's it. That's what I'm going to do is go down there and have her search.
[57:52.000 --> 58:08.000]  Does it matter that it was filed? It was not properly filed. You have a right to trust what you find in the record. You have a right to rely on it.
[58:08.000 --> 58:16.000]  If the court rules otherwise, then the county registrar's office becomes irrelevant.
[58:16.000 --> 58:17.000]  Yeah.
[58:17.000 --> 58:27.000]  So they're not going to want to rule against the existence of the county registrar's office. So good. Okay. Hang on. We're about to go to break.
[58:27.000 --> 58:33.000]  We're going to our top of the hour break. This is Randy Kelton, Deborah Stevens, Steve Kiddmore.
[58:33.000 --> 58:50.000]  The rule of law radio are called in numbers 512-646-1984. Debbie, Mike, Ms. Dremelin, I see you there. And when I come back on the other side, as soon as I finish with Sharon, I'll go back to Sheridan.
[58:50.000 --> 59:01.000]  Would you like to make more definite progress in your walk with God? Bibles for America is offering a free study Bible and a set of free Christian books that can really help.
[59:01.000 --> 59:06.000]  The New Testament Recovery Version is one of the most comprehensive study Bibles available today.
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[59:18.000 --> 59:27.000]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation, growing in Christ, and how to build up the church.
[59:27.000 --> 59:40.000]  To order your free New Testament Recovery Version and Basic Elements of the Christian Life, call Bibles for America toll-free at 888-551-0102.
[59:40.000 --> 59:50.000]  That's 888-551-0102. Or visit us online at bfa.org.
[59:50.000 --> 01:00:00.000]  You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:00.000 --> 01:00:07.000]  This is the Liberty Beat, your daily source for Liberty news and activist updates.
[01:00:07.000 --> 01:00:15.000]  Online at thelibertybeat.com. I'm Brian Hagan with your Liberty Beat for Friday, October 25th, 2013.
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[01:00:49.000 --> 01:00:55.000]  And now the news. Liberty activist Adam Kocash, citing the Supreme Court's D.C. v. Heller,
[01:00:55.000 --> 01:01:00.000]  as well as his Marine Corps constitutional oath, pleads not guilty in a Washington, D.C. courtroom.
[01:01:00.000 --> 01:01:06.000]  That happened yesterday during a status conference hearing, which included the addition of new charges for Kocash.
[01:01:06.000 --> 01:01:10.000]  Already charged with carrying a rifle or shotgun outside a home or place of business,
[01:01:10.000 --> 01:01:16.000]  Kocash now faces charges of possession of an unregistered firearm, unlawful possession of a firearm or destructive device,
[01:01:16.000 --> 01:01:20.000]  and unlawful possession of a firearm, according to court documents.
[01:01:20.000 --> 01:01:28.000]  The charges stem from a July 4th YouTube video, apparently showing Kocash loading a shotgun on D.C.'s Freedom Plaza.
[01:01:28.000 --> 01:01:35.000]  Last evening, the Texas Observer held an event titled Policing the Houston Police at Texas Southern University in Houston.
[01:01:35.000 --> 01:01:40.000]  The event came on the heels of an investigative piece by Observer journalist Emily DePrang,
[01:01:40.000 --> 01:01:45.000]  which revealed systemic abuse to citizens nearly every day in Houston.
[01:01:45.000 --> 01:01:51.000]  Although the event was billed as a panel discussion, many attendees were obviously upset at the format of the event.
[01:01:51.000 --> 01:01:56.000]  Audience members were told to write their questions down on note cards that would be reviewed by the panelists.
[01:01:56.000 --> 01:02:02.000]  Before the event was over, a number of audience members were visibly distraught and walked out.
[01:02:02.000 --> 01:02:06.000]  Despite having no secondhand smoke and containing no tobacco,
[01:02:06.000 --> 01:02:12.000]  the Ada, Oklahoma City Council banned electronic cigarettes as part of their No Tobacco on Public Property policy.
[01:02:12.000 --> 01:02:20.000]  The move came as a shock to e-cigarette proponents, who had been assured those products would only receive an 18 and over age restriction, not an allowed ban.
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[01:02:52.000 --> 01:02:57.000]  This is the Liberty Beat for Friday, October 25th, 2013.
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[01:03:27.000 --> 01:03:48.000]  Okay, we are back.
[01:03:48.000 --> 01:03:52.000]  Randy Kelton, Deborah Stevens, Steve Skidmore with La Radio.
[01:03:52.000 --> 01:03:57.000]  And we are talking to Sharon in California.
[01:03:57.000 --> 01:04:00.000]  Okay, where were we, Sharon?
[01:04:00.000 --> 01:04:09.000]  With the substitute of trustee that was, when I went, it's not filed under the name.
[01:04:09.000 --> 01:04:11.000]  It's not properly filed.
[01:04:11.000 --> 01:04:16.000]  It's not properly filed. It doesn't exist. You don't know anything about it.
[01:04:16.000 --> 01:04:22.000]  Well, that's what I told them.
[01:04:22.000 --> 01:04:29.000]  If you get something from the clerk and the clerk's search doesn't show it, then it's official.
[01:04:29.000 --> 01:04:31.000]  It doesn't exist.
[01:04:31.000 --> 01:04:35.000]  Oh, okay. I didn't know that. I didn't know that.
[01:04:35.000 --> 01:04:43.000]  It's not your responsibility to go through every single record in the clerk's office to find out
[01:04:43.000 --> 01:04:48.000]  if somebody filed a document in the wrong place.
[01:04:48.000 --> 01:04:53.000]  Yeah, there's no way that I would ever find it unless I had that number, which they had.
[01:04:53.000 --> 01:05:02.000]  Exactly. So it's filed, but it's not publicly filed because it's not publicly available.
[01:05:02.000 --> 01:05:05.000]  And is that done on purpose or why is it done?
[01:05:05.000 --> 01:05:13.000]  No, I'm not sure why they do that, but okay, this is an assignment of substitute trustee?
[01:05:13.000 --> 01:05:15.000]  Yes.
[01:05:15.000 --> 01:05:19.000]  Is MERS included in your documentation?
[01:05:19.000 --> 01:05:21.000]  Pardon me?
[01:05:21.000 --> 01:05:24.000]  Is MERS included in your documentation?
[01:05:24.000 --> 01:05:31.000]  No, no. And actually the other thing I was going to ask you also is that the person that signed this,
[01:05:31.000 --> 01:05:35.000]  the substitute of trustee, was a loan adjuster.
[01:05:35.000 --> 01:05:43.000]  Now I don't know who is a person that's allowed to sign these trustees, the substitute of trustees.
[01:05:43.000 --> 01:05:49.000]  It was a loan adjuster for Wells Fargo.
[01:05:49.000 --> 01:05:51.000]  That's a good question.
[01:05:51.000 --> 01:05:59.000]  Does this person have evidence of power of attorney filed in the record?
[01:05:59.000 --> 01:06:02.000]  How do I find that?
[01:06:02.000 --> 01:06:05.000]  You look in the record of your property.
[01:06:05.000 --> 01:06:11.000]  If there's no evidence of power of attorney, and I assure you there won't be,
[01:06:11.000 --> 01:06:20.000]  then you send a letter to this company for whom the person signed
[01:06:20.000 --> 01:06:28.000]  and ask the company to send you evidence of power of attorney for this individual.
[01:06:28.000 --> 01:06:32.000]  They never give you proper evidence of power of attorney,
[01:06:32.000 --> 01:06:38.000]  and that way you can go to the court and say you have reason to believe this person is a global signer
[01:06:38.000 --> 01:06:41.000]  and does not have proper power of attorney.
[01:06:41.000 --> 01:06:45.000]  So you send a request to the company for evidence of power of attorney.
[01:06:45.000 --> 01:06:51.000]  They fail to provide that evidence, and therefore you have reason to believe and do believe
[01:06:51.000 --> 01:06:56.000]  based on this evidence that this person does not have power of attorney
[01:06:56.000 --> 01:06:59.000]  and therefore this document is fraudulent.
[01:06:59.000 --> 01:07:02.000]  You might want to be careful with using the term robo-signer,
[01:07:02.000 --> 01:07:06.000]  because I say that because there's no legal definition for the term robo-signer,
[01:07:06.000 --> 01:07:10.000]  but there is a legal definition for what a robo-signer does, and that's forgery.
[01:07:10.000 --> 01:07:12.000]  Okay, that's why I did it this way.
[01:07:12.000 --> 01:07:16.000]  You had reason to believe they were a robo-signer.
[01:07:16.000 --> 01:07:19.000]  You don't just call them a robo-signer.
[01:07:19.000 --> 01:07:22.000]  You say you had reason to believe they were,
[01:07:22.000 --> 01:07:27.000]  and that's why you ask for power of attorney.
[01:07:27.000 --> 01:07:31.000]  So I would ask for power of attorney from Wells Fargo?
[01:07:31.000 --> 01:07:33.000]  Yes.
[01:07:33.000 --> 01:07:34.000]  Okay.
[01:07:34.000 --> 01:07:37.000]  What this will do is it will go into some back office,
[01:07:37.000 --> 01:07:40.000]  because this is not something anybody does to them,
[01:07:40.000 --> 01:07:43.000]  so they don't know how to deal with it,
[01:07:43.000 --> 01:07:48.000]  and it will get put in a trash bin somewhere and nobody will answer it,
[01:07:48.000 --> 01:07:54.000]  and that establishes prior evidence that she is a robo-signer.
[01:07:54.000 --> 01:07:57.000]  Acquiescence is acceptance.
[01:07:57.000 --> 01:08:00.000]  Well, the thing is is that they've got,
[01:08:00.000 --> 01:08:06.000]  I think I talked to you about that they've got summary judgment on this case,
[01:08:06.000 --> 01:08:09.000]  because they said there was no tribal issues,
[01:08:09.000 --> 01:08:13.000]  which the substitution of trustee was always an issue.
[01:08:13.000 --> 01:08:17.000]  Well, this goes to challenge to subject matter jurisdiction.
[01:08:17.000 --> 01:08:19.000]  Okay.
[01:08:19.000 --> 01:08:24.000]  You're challenging subject matter jurisdiction of the substitute trustee
[01:08:24.000 --> 01:08:36.000]  to invoke the subject matter jurisdiction of the court.
[01:08:36.000 --> 01:08:39.000]  Subject matter jurisdiction can be raised at any time.
[01:08:39.000 --> 01:08:41.000]  Yeah.
[01:08:41.000 --> 01:08:43.000]  Okay.
[01:08:43.000 --> 01:08:52.000]  So you've challenged the authority of the substitute trustee
[01:08:52.000 --> 01:08:57.000]  to execute the foreclosure.
[01:08:57.000 --> 01:09:04.000]  Okay, because they've put in there to take judicial notice of all the documents,
[01:09:04.000 --> 01:09:09.000]  so do I still have time to object to that or not?
[01:09:09.000 --> 01:09:10.000]  Okay, wait a minute.
[01:09:10.000 --> 01:09:11.000]  Say that again.
[01:09:11.000 --> 01:09:12.000]  They have done what?
[01:09:12.000 --> 01:09:18.000]  They've put into the court records that they want to take judicial notice
[01:09:18.000 --> 01:09:21.000]  of all the filings like the substitution of trust.
[01:09:21.000 --> 01:09:22.000]  They've already put...
[01:09:22.000 --> 01:09:24.000]  No, you don't have to do anything with that.
[01:09:24.000 --> 01:09:25.000]  That's not a problem.
[01:09:25.000 --> 01:09:26.000]  Okay.
[01:09:26.000 --> 01:09:32.000]  The fact that a document is filed does not mean that it's not fraudulent.
[01:09:32.000 --> 01:09:34.000]  It merely means that it's there.
[01:09:34.000 --> 01:09:36.000]  Right.
[01:09:36.000 --> 01:09:42.000]  And the fact that they take judicial notice of its existence does not amount
[01:09:42.000 --> 01:09:46.000]  to judicial notice of the validity of the document,
[01:09:46.000 --> 01:09:48.000]  so you can still challenge the document.
[01:09:48.000 --> 01:09:49.000]  Okay.
[01:09:49.000 --> 01:09:55.000]  Yeah, you want it in there because you want to be able to show
[01:09:55.000 --> 01:09:59.000]  that this document was insufficient.
[01:09:59.000 --> 01:10:03.000]  And you can't talk about the document unless the document's in evidence,
[01:10:03.000 --> 01:10:08.000]  so they've already put it in evidence, so you don't have to bother with that.
[01:10:08.000 --> 01:10:12.000]  Okay, great.
[01:10:12.000 --> 01:10:14.000]  Okay, do you have anything else for us?
[01:10:14.000 --> 01:10:22.000]  Yeah, actually, I have another loan, and this one does have MERS on it.
[01:10:22.000 --> 01:10:27.000]  And I did a qualified written request to the servicer asking, you know,
[01:10:27.000 --> 01:10:30.000]  about who owns the loan and all that kind of stuff.
[01:10:30.000 --> 01:10:32.000]  Okay, hold on, hold on, hold on.
[01:10:32.000 --> 01:10:35.000]  Qualified written request.
[01:10:35.000 --> 01:10:37.000]  Right.
[01:10:37.000 --> 01:10:46.000]  That is a term of art that specifically refers to a claim of an accounting error
[01:10:46.000 --> 01:10:50.000]  and a demand that the lender correct the error.
[01:10:50.000 --> 01:10:54.000]  What was the nature of the accounting error you claimed?
[01:10:54.000 --> 01:10:58.000]  Well, they were putting on the different fees that they were adding on
[01:10:58.000 --> 01:11:04.000]  to the loan for, you know, foreclosure fees, attorney's fees.
[01:11:04.000 --> 01:11:07.000]  Perfect, perfect.
[01:11:07.000 --> 01:11:09.000]  All right, good.
[01:11:09.000 --> 01:11:12.000]  Then in that case, it absolutely was a qualified written request.
[01:11:12.000 --> 01:11:16.000]  The reason I went to that is there's a lot of people out there
[01:11:16.000 --> 01:11:21.000]  that are putting out these online qualified written requests
[01:11:21.000 --> 01:11:24.000]  that are not written qualified written requests at all.
[01:11:24.000 --> 01:11:26.000]  Absolutely bogus.
[01:11:26.000 --> 01:11:29.000]  And because they don't claim an accounting error,
[01:11:29.000 --> 01:11:33.000]  and you claimed exactly the right accounting error, so good.
[01:11:33.000 --> 01:11:37.000]  And I take it they did not properly respond to that?
[01:11:37.000 --> 01:11:43.000]  Well, not entirely, but one of the points that they did that was interesting
[01:11:43.000 --> 01:11:46.000]  is they said the loan was securitized
[01:11:46.000 --> 01:11:53.000]  and that Bank of Mellon was the owner of the note.
[01:11:53.000 --> 01:11:54.000]  Okay, hold on.
[01:11:54.000 --> 01:11:59.000]  Is that reflected in filings in the county recorder's office?
[01:11:59.000 --> 01:12:01.000]  Oh, no, no.
[01:12:01.000 --> 01:12:06.000]  That is evidence of breach of contract, covenant 15.
[01:12:06.000 --> 01:12:08.000]  Well, it's better, though. It gets better.
[01:12:08.000 --> 01:12:09.000]  Okay.
[01:12:09.000 --> 01:12:13.000]  Okay, then we go into the MERS ID,
[01:12:13.000 --> 01:12:16.000]  where you look up the MERS to see who's the lender
[01:12:16.000 --> 01:12:18.000]  or who's the owner of the note,
[01:12:18.000 --> 01:12:22.000]  and the MERS count, whatever they want to call it.
[01:12:22.000 --> 01:12:25.000]  And they said it's JP Morgan Chase.
[01:12:25.000 --> 01:12:30.000]  So now we've got two different people that are claiming ownership of my note.
[01:12:30.000 --> 01:12:37.000]  In their response to your QWR, did they identify,
[01:12:37.000 --> 01:12:39.000]  they said that it's securitized,
[01:12:39.000 --> 01:12:45.000]  did they identify what trust vehicle that your mortgage instruments are in?
[01:12:45.000 --> 01:12:46.000]  Yes.
[01:12:46.000 --> 01:12:53.000]  Okay. Is there an assignment from the originator to that trust
[01:12:53.000 --> 01:12:55.000]  filed in the county records?
[01:12:55.000 --> 01:12:56.000]  No.
[01:12:56.000 --> 01:12:58.000]  Now you've got to break in the chain of title.
[01:12:58.000 --> 01:13:00.000]  Yeah, that was exactly what I went through earlier.
[01:13:00.000 --> 01:13:10.000]  If it's not assigned, that is evidenced out of their own mouth of breach of contract.
[01:13:10.000 --> 01:13:11.000]  Okay.
[01:13:11.000 --> 01:13:21.000]  You don't need to argue bifurcation, improper assignment.
[01:13:21.000 --> 01:13:23.000]  You don't need to argue any of that stuff.
[01:13:23.000 --> 01:13:24.000]  Okay, good.
[01:13:24.000 --> 01:13:31.000]  You argue that Covenant 15 requires them to give you written notice by certified mail.
[01:13:31.000 --> 01:13:32.000]  Okay.
[01:13:32.000 --> 01:13:36.000]  And they didn't give you written notice by certified mail.
[01:13:36.000 --> 01:13:37.000]  No.
[01:13:37.000 --> 01:13:41.000]  Therefore, they breached the Covenant of the contract.
[01:13:41.000 --> 01:13:45.000]  And that's enough to, you know, when they come to foreclose,
[01:13:45.000 --> 01:13:49.000]  they say you breached the Covenant of the contract.
[01:13:49.000 --> 01:13:51.000]  So therefore, they can act.
[01:13:51.000 --> 01:14:01.000]  You say, I granted you these privileges based on these restrictions.
[01:14:01.000 --> 01:14:09.000]  You breached one of those restrictions prior to the time you claimed authority to foreclose.
[01:14:09.000 --> 01:14:15.000]  When you breached that restriction, you repudiated the contract,
[01:14:15.000 --> 01:14:19.000]  which constituted voluntary rescission of the contract.
[01:14:19.000 --> 01:14:27.000]  You may not exercise the privileges because you did not abide by the restrictions.
[01:14:27.000 --> 01:14:33.000]  There's another covenant that they would have broken, and it's usually found in Covenant 16,
[01:14:33.000 --> 01:14:35.000]  governing law and severability.
[01:14:35.000 --> 01:14:41.000]  Governing law most all the time says, in all the deeds of trust that I've ever seen,
[01:14:41.000 --> 01:14:46.000]  it says this security instrument shall be governed by federal law
[01:14:46.000 --> 01:14:50.000]  and the laws of the jurisdiction and where the property is located.
[01:14:50.000 --> 01:14:55.000]  That means federal law and state law and local law.
[01:14:55.000 --> 01:15:05.000]  So if you've got filing requirements for assignments, they broke that covenant as well.
[01:15:05.000 --> 01:15:15.000]  Truth in Lending Act requires that a sale of the note be noticed to the borrower.
[01:15:15.000 --> 01:15:26.000]  Now, what they're going to say is that the statute of limitations to make a claim under the Truth in Lending Act
[01:15:26.000 --> 01:15:28.000]  is only like two years.
[01:15:28.000 --> 01:15:30.000]  Yeah, I think it's one year.
[01:15:30.000 --> 01:15:31.000]  It depends on what it is.
[01:15:31.000 --> 01:15:35.000]  It's one, two, and three years, depending on Truth in Lending,
[01:15:35.000 --> 01:15:40.000]  Real Estate Settlement Procedures Act, but we don't care about that.
[01:15:40.000 --> 01:15:49.000]  What you're going to say is you're not going to make a claim under the remedy provided by the Truth in Lending Act.
[01:15:49.000 --> 01:15:55.000]  You're going to say they breached this law relating to the contract
[01:15:55.000 --> 01:16:02.000]  and therefore breached Covenant 16, the severability clause,
[01:16:02.000 --> 01:16:06.000]  and are therefore in default on the contract.
[01:16:06.000 --> 01:16:09.000]  That's your claim is default on the contract.
[01:16:09.000 --> 01:16:16.000]  You don't make a claim under the remedy provided by the legislature for the Truth in Lending Act
[01:16:16.000 --> 01:16:18.000]  because that was all smoke and mirrors.
[01:16:18.000 --> 01:16:22.000]  They set the statute of limitations so short as to make it unenforceable.
[01:16:22.000 --> 01:16:28.000]  Well, now the statute of limitations in TILA goes specifically and strictly to rescission,
[01:16:28.000 --> 01:16:34.000]  and if it's been longer than three years, I would definitely agree it's too late to rescind anything,
[01:16:34.000 --> 01:16:37.000]  but fraud in the factum remains.
[01:16:37.000 --> 01:16:40.000]  Well, breach of contract is easy.
[01:16:40.000 --> 01:16:41.000]  Correct.
[01:16:41.000 --> 01:16:45.000]  It's easy for the judge to wrap his head around.
[01:16:45.000 --> 01:16:49.000]  You don't have to get into these complex arguments.
[01:16:49.000 --> 01:16:51.000]  They just breached the contract, Judge.
[01:16:51.000 --> 01:16:52.000]  Okay, hang on.
[01:16:52.000 --> 01:16:58.000]  Randy Kelton, Deborah Stevens, Steve Skidmore, Little Law Radio, 512-646-1984.
[01:16:58.000 --> 01:17:00.000]  We'll be right back.
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[01:19:11.000 --> 01:19:36.000]  Oh, come on.
[01:19:36.000 --> 01:19:53.000]  Okay, we are back.
[01:19:53.000 --> 01:19:54.000]  Randy Kelton, Debra Stevens.
[01:19:54.000 --> 01:19:55.000]  We have a lot of radio.
[01:19:55.000 --> 01:19:57.000]  Sharon, do we have anything else?
[01:19:57.000 --> 01:19:58.000]  We really need to move along.
[01:19:58.000 --> 01:20:01.000]  We've got a number of callers running out of time.
[01:20:01.000 --> 01:20:07.000]  So that breach of contract, that can go to the federal court?
[01:20:07.000 --> 01:20:10.000]  No, that's better done in the state court.
[01:20:10.000 --> 01:20:11.000]  What's better in the state court?
[01:20:11.000 --> 01:20:15.000]  Well, there is also going to also do the Fair Debt Collection Practices Act.
[01:20:15.000 --> 01:20:17.000]  I was going to throw that in there, too.
[01:20:17.000 --> 01:20:19.000]  You can't.
[01:20:19.000 --> 01:20:20.000]  That's federal.
[01:20:20.000 --> 01:20:25.000]  Yep, that's federal and better.
[01:20:25.000 --> 01:20:33.000]  Your statute of limitations is the longest statute of limitations for Fair Debt Collections Practices Act.
[01:20:33.000 --> 01:20:34.000]  Oh, wait a minute.
[01:20:34.000 --> 01:20:38.000]  I'm thinking of RESPA.
[01:20:38.000 --> 01:20:43.000]  Every time I filed Fair Debt Collections Practices Act, they always dismiss it.
[01:20:43.000 --> 01:20:48.000]  They claim that it doesn't apply in a foreclosure issue.
[01:20:48.000 --> 01:21:00.000]  The only claim you could make is under 1692 G and claim that and do a debt validation.
[01:21:00.000 --> 01:21:02.000]  Not a debt validation, but a debt validation.
[01:21:02.000 --> 01:21:04.000]  Yeah, that's debt validation.
[01:21:04.000 --> 01:21:09.000]  Yeah, that's the only FDCPA claim you can make.
[01:21:09.000 --> 01:21:16.000]  Well, the servicer is a debt collector if they received that debt when it was in default.
[01:21:16.000 --> 01:21:17.000]  No.
[01:21:17.000 --> 01:21:21.000]  Yeah, well, that's what I've gotten from...
[01:21:21.000 --> 01:21:24.000]  Actually, I've had the judge said that.
[01:21:24.000 --> 01:21:29.000]  It was in one of the briefs that they got from a judge saying the servicer...
[01:21:29.000 --> 01:21:35.000]  There's a longstanding argument about when is a debt collector a debt collector?
[01:21:35.000 --> 01:21:41.000]  And most of your FDCPA claims, like Randy just said, do not apply to foreclosures.
[01:21:41.000 --> 01:21:49.000]  Yeah, there's two different... The circuits have two different rulings on that.
[01:21:49.000 --> 01:21:51.000]  One of them says they are a debt collector.
[01:21:51.000 --> 01:21:53.000]  The other one says they're not a debt collector.
[01:21:53.000 --> 01:22:08.000]  The argument that I make is that they are a debt collector until they show that they are merely attempting to recover collateral.
[01:22:08.000 --> 01:22:15.000]  That it may not just automatically be presumed just because they say they're not a debt collector.
[01:22:15.000 --> 01:22:22.000]  It may not be presumed that they are a debt collector until they prove that they're not.
[01:22:22.000 --> 01:22:26.000]  And the courts have just been saying, all you have to do is say I'm a debt collector.
[01:22:26.000 --> 01:22:28.000]  I'm not a debt collector.
[01:22:28.000 --> 01:22:33.000]  And we won't apply if the Debt Collector's Practices Act.
[01:22:33.000 --> 01:22:39.000]  I tried going down that road and Barrett Daffin out here in Texas,
[01:22:39.000 --> 01:22:44.000]  everything that you get from them says we are a debt collector attempting to collect a debt.
[01:22:44.000 --> 01:22:48.000]  They give you the FDCPA disclosure.
[01:22:48.000 --> 01:22:55.000]  But when you come into court, oh no, no, no, we're attorneys representing a client.
[01:22:55.000 --> 01:22:58.000]  So they wiggle out of that every time.
[01:22:58.000 --> 01:23:03.000]  Your best bet or anybody's best bet would be to leave the FDCPA out.
[01:23:03.000 --> 01:23:06.000]  You've got enough to go on without it.
[01:23:06.000 --> 01:23:09.000]  Go to breach of contract.
[01:23:09.000 --> 01:23:10.000]  Okay.
[01:23:10.000 --> 01:23:15.000]  That's something that the judge can easily wrap his head around.
[01:23:15.000 --> 01:23:19.000]  And there is no statute of limitations on that one.
[01:23:19.000 --> 01:23:22.000]  Okay, so it's just the one claim, that's it?
[01:23:22.000 --> 01:23:24.000]  No, no, no.
[01:23:24.000 --> 01:23:25.000]  It's one of them.
[01:23:25.000 --> 01:23:30.000]  You've got about, I can get you, get about 10 or 15 breach of contract claims.
[01:23:30.000 --> 01:23:32.000]  Oh, okay, okay.
[01:23:32.000 --> 01:23:38.000]  Each one's a breach of contract, but they're each one separate claims.
[01:23:38.000 --> 01:23:40.000]  So you run them all.
[01:23:40.000 --> 01:23:42.000]  You run every one you can find.
[01:23:42.000 --> 01:23:43.000]  I've got a whole bunch of them.
[01:23:43.000 --> 01:23:49.000]  If you've got merge in the contract, then you claim that the contract is void because it is,
[01:23:49.000 --> 01:23:57.000]  what's the term, it's too vague to be enforceable.
[01:23:57.000 --> 01:24:02.000]  The very verbiage of the contract, if it is a FDCPA, I mean, if it has merge in it,
[01:24:02.000 --> 01:24:05.000]  then it's not even a deed of trust.
[01:24:05.000 --> 01:24:11.000]  It's grant because the grant legal title to merge is too complex to go into.
[01:24:11.000 --> 01:24:13.000]  I'm running out of time tonight.
[01:24:13.000 --> 01:24:21.000]  But there's about 10 or 15 breach of contract claims you can bring on the deed of trust
[01:24:21.000 --> 01:24:24.000]  in almost every suit, in almost every mortgage.
[01:24:24.000 --> 01:24:28.000]  In California, merge is king.
[01:24:28.000 --> 01:24:30.000]  No, no, no.
[01:24:30.000 --> 01:24:34.000]  When you go in there and say merge doesn't have standing, they're going to throw you out.
[01:24:34.000 --> 01:24:35.000]  You don't say that.
[01:24:35.000 --> 01:24:37.000]  Okay.
[01:24:37.000 --> 01:24:47.000]  When you say the document granted legal title to merge, that makes it not a deed of trust.
[01:24:47.000 --> 01:24:49.000]  It makes it a grant.
[01:24:49.000 --> 01:24:53.000]  It makes the document fraud in the factum.
[01:24:53.000 --> 01:24:54.000]  Oh, okay.
[01:24:54.000 --> 01:24:55.000]  I see.
[01:24:55.000 --> 01:24:57.000]  The document is presented as a deed of trust.
[01:24:57.000 --> 01:24:59.000]  It's titled deed of trust.
[01:24:59.000 --> 01:25:05.000]  And the first paragraph of the contract grants legal title to the trustee.
[01:25:05.000 --> 01:25:10.000]  The second paragraph of the contract grants legal title to merge.
[01:25:10.000 --> 01:25:12.000]  Right.
[01:25:12.000 --> 01:25:15.000]  That makes it a grant, not a trust.
[01:25:15.000 --> 01:25:19.000]  It took legal title away from the trustee and gave it to merge.
[01:25:19.000 --> 01:25:21.000]  The document's void.
[01:25:21.000 --> 01:25:29.000]  The document purports to appoint merge as an agent for the lender, but the lender didn't sign it.
[01:25:29.000 --> 01:25:41.000]  So the appointment of merge as to this contract is void as the borrower has no power to appoint an agent for the lender.
[01:25:41.000 --> 01:25:49.000]  If the lender wanted merge to be his agent, the lender had to affirm the document and they didn't.
[01:25:49.000 --> 01:25:51.000]  That's just a couple of them.
[01:25:51.000 --> 01:25:59.000]  The Covenant 20 is fraud in the factum on its face.
[01:25:59.000 --> 01:26:14.000]  It proposes a legal impossibility rendering the document void by it's too ambiguous and what was the term, Steve?
[01:26:14.000 --> 01:26:15.000]  Vague.
[01:26:15.000 --> 01:26:16.000]  Vague.
[01:26:16.000 --> 01:26:18.000]  It's too vague and ambiguous to be enforceable.
[01:26:18.000 --> 01:26:19.000]  So there's a lot of them.
[01:26:19.000 --> 01:26:20.000]  I don't have time to go through all of them.
[01:26:20.000 --> 01:26:22.000]  We've got about three or four more callers left.
[01:26:22.000 --> 01:26:23.000]  I need to move along.
[01:26:23.000 --> 01:26:28.000]  But there are a lot of issues.
[01:26:28.000 --> 01:26:38.000]  We need to call in earlier in the foreclosure section and next week I'll go over all of those.
[01:26:38.000 --> 01:26:39.000]  Okay.
[01:26:39.000 --> 01:26:44.000]  I'll go over the deed of trust and then the problems that we find with it.
[01:26:44.000 --> 01:26:46.000]  I've got a whole bunch of them.
[01:26:46.000 --> 01:26:47.000]  Okay.
[01:26:47.000 --> 01:26:48.000]  Okay.
[01:26:48.000 --> 01:26:49.000]  Thank you, Sharon.
[01:26:49.000 --> 01:26:53.000]  I'm going to move along to Debbie in Texas.
[01:26:53.000 --> 01:26:54.000]  Hello, Ms. Debbie.
[01:26:54.000 --> 01:26:56.000]  What do you have for us tonight?
[01:26:56.000 --> 01:26:57.000]  Yes.
[01:26:57.000 --> 01:27:07.000]  I called the grand jury room and they said that Deputy District Attorney was the intake person for that grand jury.
[01:27:07.000 --> 01:27:19.000]  So I called the Deputy District Attorney and he said that he would comply with Article 20.9 of the Texas Code of Criminal Procedure.
[01:27:19.000 --> 01:27:20.000]  Yes.
[01:27:20.000 --> 01:27:29.000]  Article 20.9 says it shall be the primary duty of the grand jury to investigate into all criminal accusations
[01:27:29.000 --> 01:27:38.000]  come to their knowledge by way of their own personal knowledge by the prosecuting attorney or any credible person.
[01:27:38.000 --> 01:27:39.000]  Yes.
[01:27:39.000 --> 01:27:54.000]  Now the intake DA told me that I had to sign up about a week in advance on a schedule because they were just jam-packed.
[01:27:54.000 --> 01:27:55.000]  Okay.
[01:27:55.000 --> 01:27:57.000]  That's reasonable.
[01:27:57.000 --> 01:27:58.000]  Oh, it is?
[01:27:58.000 --> 01:27:59.000]  Okay.
[01:27:59.000 --> 01:28:00.000]  Yes.
[01:28:00.000 --> 01:28:01.000]  Yes.
[01:28:01.000 --> 01:28:02.000]  That's not a denial.
[01:28:02.000 --> 01:28:07.000]  You know, they're going to give them reasonable accommodation.
[01:28:07.000 --> 01:28:08.000]  Okay.
[01:28:08.000 --> 01:28:10.000]  So did you file it?
[01:28:10.000 --> 01:28:11.000]  Okay.
[01:28:11.000 --> 01:28:12.000]  What was the nature of the complaint?
[01:28:12.000 --> 01:28:15.000]  Was it against a private citizen or a public official?
[01:28:15.000 --> 01:28:23.000]  Well, I wanted to know, can I go in with multiple issues or just go in on one issue at a time?
[01:28:23.000 --> 01:28:25.000]  One issue at a time.
[01:28:25.000 --> 01:28:29.000]  Criminal is always one at a time.
[01:28:29.000 --> 01:28:30.000]  Okay.
[01:28:30.000 --> 01:28:35.000]  Each issue needs to be a separate criminal complaint.
[01:28:35.000 --> 01:28:37.000]  What are the issues?
[01:28:37.000 --> 01:28:40.000]  Well, I'm with a group.
[01:28:40.000 --> 01:28:44.000]  We're trying to expose government corruption.
[01:28:44.000 --> 01:28:45.000]  Okay.
[01:28:45.000 --> 01:28:51.000]  What are the criminal violations you're claiming?
[01:28:51.000 --> 01:28:55.000]  Well, one would be fraud.
[01:28:55.000 --> 01:28:56.000]  No, no, no.
[01:28:56.000 --> 01:28:57.000]  Okay.
[01:28:57.000 --> 01:28:58.000]  Okay.
[01:28:58.000 --> 01:29:01.000]  What are the elements?
[01:29:01.000 --> 01:29:02.000]  Okay.
[01:29:02.000 --> 01:29:04.000]  Fraud is really hard to make.
[01:29:04.000 --> 01:29:08.000]  There are a number of elements of fraud.
[01:29:08.000 --> 01:29:13.000]  You have to show evidence of each of the elements.
[01:29:13.000 --> 01:29:37.000]  Okay. When the city violates the charter and people vote down an issue and the city creates a corporation to funnel money into that corporation to do separate and a part of what the voters voted down.
[01:29:37.000 --> 01:29:38.000]  Okay.
[01:29:38.000 --> 01:29:39.000]  Okay.
[01:29:39.000 --> 01:29:40.000]  Hold on.
[01:29:40.000 --> 01:29:41.000]  We'll pick that up when we come back.
[01:29:41.000 --> 01:29:43.000]  That's not fraud.
[01:29:43.000 --> 01:29:45.000]  That's official oppression.
[01:29:45.000 --> 01:29:47.000]  I'll address that when we come back on the other side.
[01:29:47.000 --> 01:29:49.000]  Randy Kelton, David Stevens.
[01:29:49.000 --> 01:29:54.000]  We will radio our polling number, 512-646-1984.
[01:29:54.000 --> 01:30:01.000]  We'll be right back.
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[01:33:01.000 --> 01:33:28.000]  You are listening to the Logos Radio Network, logosradionetwork.com.
[01:33:28.000 --> 01:33:39.000]  Okay, we are back. Randy Kelton, Debra Stevens, Steve Skidmore, Rue Blah Radio, and we're talking to Debbie in Texas.
[01:33:39.000 --> 01:33:43.000]  Okay, listen.
[01:33:43.000 --> 01:34:04.000]  If a public official exerts or purports to exert an authority he does not express they have or fails to perform a duty that is required to perform and in the process denies citizen full free access to enjoyment rights, that's official oppression.
[01:34:04.000 --> 01:34:14.000]  If a public official misuses public funds, that's official misconduct.
[01:34:14.000 --> 01:34:22.000]  These do not go to fraud, they go to a misuse of official authority.
[01:34:22.000 --> 01:34:26.000]  So that can be taken before the grand jury.
[01:34:26.000 --> 01:34:35.000]  Yeah, you need to make your accusations very clear.
[01:34:35.000 --> 01:34:50.000]  Is the nature of the act such that the city misused public funds or used public funds in a way they weren't authorized to?
[01:34:50.000 --> 01:34:52.000]  That was the question.
[01:34:52.000 --> 01:34:54.000]  Yes, they did.
[01:34:54.000 --> 01:35:12.000]  Okay, then this goes to 39.02 Texas Penal Code, misuse of public funds, read that statute, and then write your complaint in the verbiage of the statute.
[01:35:12.000 --> 01:35:29.000]  And look at the statute, look at what the elements of the violation is, and write your complaint in the verbiage of the allegation of the statute, of the elements of the statute, and then file that.
[01:35:29.000 --> 01:35:52.000]  I file official oppression all the time, I say this public official did this, that, and the other, and I allege therefore that the official exerted or purported to exert an authority he did not expressly have and in the process denied a citizen in a full and free access to or enjoyment of a right in violation of Texas Penal Code Section 39.03.
[01:35:52.000 --> 01:35:54.000]  That's how you write the complaints.
[01:35:54.000 --> 01:36:01.000]  Now, you don't have to put all the details in the complaint itself.
[01:36:01.000 --> 01:36:09.000]  You can write up a statement of facts and attach that to it as an affidavit.
[01:36:09.000 --> 01:36:24.000]  If your accusation is an accusation against a public official, the district attorney is without discretion, he must present it to the grand jury.
[01:36:24.000 --> 01:36:28.000]  Article 2.03 Texas Code of Criminal Procedure.
[01:36:28.000 --> 01:36:31.000]  That will never happen where I live.
[01:36:31.000 --> 01:36:43.000]  Then you file criminal charges against the district attorney with the attorney general under the authority of 39.015 Penal Code.
[01:36:43.000 --> 01:36:53.000]  Why couldn't I go, why wouldn't, couldn't I just go to the grand jury myself instead of getting in a cycle of filing complaints?
[01:36:53.000 --> 01:37:02.000]  Generally, the prosecuting attorney will interfere with your access.
[01:37:02.000 --> 01:37:06.000]  He will tell you, you can't give this to the grand jury yourself.
[01:37:06.000 --> 01:37:15.000]  Now, the way I generally do that and I advise that people do that is you write up your complaints, put it in an envelope, seal it.
[01:37:15.000 --> 01:37:25.000]  Go down when the grand jury is meeting, go to the bailiff in front of the door and tell the bailiff, tell him your name first,
[01:37:25.000 --> 01:37:35.000]  and then say I need you to instruct the foreman that I have business with the grand jury.
[01:37:35.000 --> 01:37:39.000]  The bailiff will almost always say the same thing.
[01:37:39.000 --> 01:37:43.000]  May I tell the foreman the nature of the business?
[01:37:43.000 --> 01:37:45.000]  Yes, you may.
[01:37:45.000 --> 01:37:47.000]  Give him these.
[01:37:47.000 --> 01:37:58.000]  Now, we generally want that action, if you do it, to contain a complaint against the prosecutor.
[01:37:58.000 --> 01:38:05.000]  That's why we give it to the prosecutor first so we can get him to refuse to give it to the grand jury.
[01:38:05.000 --> 01:38:13.000]  Then you go to the bailiff and give him the complaint and tell him that you have business with the grand jury,
[01:38:13.000 --> 01:38:15.000]  and you'll say may I tell him the nature of the business?
[01:38:15.000 --> 01:38:16.000]  Yes, you may.
[01:38:16.000 --> 01:38:17.000]  Give him these.
[01:38:17.000 --> 01:38:23.000]  He's likely to tell you that you need to file these with the prosecuting attorney.
[01:38:23.000 --> 01:38:34.000]  That's when you tell the bailiff, no, I can't do that because these complaints are against the prosecuting attorney.
[01:38:34.000 --> 01:38:38.000]  That generally gets the bailiff's attention.
[01:38:38.000 --> 01:38:45.000]  Now he can't take these to the prosecutor because they're against the prosecutor.
[01:38:45.000 --> 01:38:57.000]  I had a bailiff do that in Johnson County, and the assistant prosecutor he gave them to the next week was working for an oil company.
[01:38:57.000 --> 01:39:07.000]  The process of filing these complaints is not something you're going to be able to avoid.
[01:39:07.000 --> 01:39:10.000]  I have a similar question.
[01:39:10.000 --> 01:39:17.000]  Now, this would be more of a private matter with me than the other situation.
[01:39:17.000 --> 01:39:23.000]  My mother was in the hospital, and she was illegally assigned a DNR.
[01:39:23.000 --> 01:39:25.000]  She never agreed to one.
[01:39:25.000 --> 01:39:26.000]  What's a DNR?
[01:39:26.000 --> 01:39:28.000]  Don't use acronyms.
[01:39:28.000 --> 01:39:29.000]  I hate acronyms.
[01:39:29.000 --> 01:39:37.000]  Oh, a do not resuscitate by the doctor at the hospital, and it assured her death.
[01:39:37.000 --> 01:39:46.000]  Now, I filed a complaint with the police department against that doctor for illegally assigning her a do not resuscitate,
[01:39:46.000 --> 01:39:49.000]  and the police department wouldn't do anything.
[01:39:49.000 --> 01:39:55.000]  They wouldn't even accept any of my evidence, and I have all of those records.
[01:39:55.000 --> 01:39:58.000]  They made it illegal.
[01:39:58.000 --> 01:40:03.000]  By her not agreeing to a do not resuscitate.
[01:40:03.000 --> 01:40:06.000]  No, no, no, no, no, no, you're not getting it.
[01:40:06.000 --> 01:40:14.000]  When you file complaints, you can't just say, I don't like what he's doing, make him stop.
[01:40:14.000 --> 01:40:24.000]  You have to say what he's doing is in violation of this specific statute.
[01:40:24.000 --> 01:40:29.000]  What statute did the doctor violate?
[01:40:29.000 --> 01:40:37.000]  I don't know it off the top of my head, but I think it's the health and safety code.
[01:40:37.000 --> 01:40:39.000]  Okay, good, good.
[01:40:39.000 --> 01:40:46.000]  Okay, the police have no duty to protect you or your mother.
[01:40:46.000 --> 01:40:48.000]  Correct.
[01:40:48.000 --> 01:40:50.000]  They have a duty to enforce law.
[01:40:50.000 --> 01:40:54.000]  If they fail to perform that duty, which they do on a regular basis,
[01:40:54.000 --> 01:41:05.000]  then you take a complaint to either the district attorney or to some magistrate against the police.
[01:41:05.000 --> 01:41:12.000]  You can't get around working this routine of filing complaints
[01:41:12.000 --> 01:41:18.000]  because these public officials are used to doing anything they want to,
[01:41:18.000 --> 01:41:26.000]  and most people never take them to task for it.
[01:41:26.000 --> 01:41:38.000]  That's because people say, this guy didn't arrest his best friend for me, and they quit.
[01:41:38.000 --> 01:41:45.000]  You go in and you actually expect that policeman to do his job?
[01:41:45.000 --> 01:41:47.000]  Are you kidding me?
[01:41:47.000 --> 01:41:51.000]  I have filed a complaint with internal investigation.
[01:41:51.000 --> 01:41:53.000]  Big deal.
[01:41:53.000 --> 01:41:59.000]  Internal investigation is only there to keep the police department from getting sued.
[01:41:59.000 --> 01:42:01.000]  They're just running interference.
[01:42:01.000 --> 01:42:05.000]  They don't mean anything.
[01:42:05.000 --> 01:42:15.000]  These guys want you to use all of these bull crap routines they got put together so they can control things.
[01:42:15.000 --> 01:42:22.000]  Never, ever file a complaint against a department with the department.
[01:42:22.000 --> 01:42:25.000]  Everything goes to some magistrate.
[01:42:25.000 --> 01:42:32.000]  Every complaint in law is directed to a magistrate,
[01:42:32.000 --> 01:42:36.000]  and the higher level magistrate you give it to, the better.
[01:42:36.000 --> 01:42:42.000]  Go bushwhack the highest level judge in the district, in his courtroom.
[01:42:42.000 --> 01:42:45.000]  Just walk right up to the bar and call the bailiff over.
[01:42:45.000 --> 01:42:47.000]  I generally do it real arrogant.
[01:42:47.000 --> 01:42:48.000]  I point at the bailiff.
[01:42:48.000 --> 01:42:50.000]  You, come here.
[01:42:50.000 --> 01:42:51.000]  They hate that.
[01:42:51.000 --> 01:42:53.000]  He'll come over and say, may I help you?
[01:42:53.000 --> 01:42:54.000]  Yes, you can.
[01:42:54.000 --> 01:42:55.000]  My name's Randall Kelton.
[01:42:55.000 --> 01:43:00.000]  Instruct the judge that I have business with the court.
[01:43:00.000 --> 01:43:02.000]  The bailiff will say, may I tell him the nature of the business?
[01:43:02.000 --> 01:43:03.000]  No, you may not.
[01:43:03.000 --> 01:43:05.000]  I have business with the court and it's none of yours.
[01:43:05.000 --> 01:43:06.000]  You're dismissed.
[01:43:06.000 --> 01:43:07.000]  Go walk down.
[01:43:07.000 --> 01:43:08.000]  Go sit down.
[01:43:08.000 --> 01:43:12.000]  And the bailiff is wondering, who the heck is this?
[01:43:12.000 --> 01:43:15.000]  And he'll run up to the judge, jibber-jabber, jibber-jabber,
[01:43:15.000 --> 01:43:19.000]  if you want to catch the judge when the judge is having motion hearings
[01:43:19.000 --> 01:43:21.000]  because there's lots of breaks.
[01:43:21.000 --> 01:43:24.000]  And the judge will say, Mr. Kelton, I understand you have business with the court.
[01:43:24.000 --> 01:43:25.000]  Yes, Your Honor, I do.
[01:43:25.000 --> 01:43:26.000]  May I approach?
[01:43:26.000 --> 01:43:28.000]  And you hold up this folder.
[01:43:28.000 --> 01:43:30.000]  That means, can I give you this document?
[01:43:30.000 --> 01:43:35.000]  He will either call you up to his bench or he'll send the bailiff to get the folder.
[01:43:35.000 --> 01:43:39.000]  Once he's got it, he is bound.
[01:43:39.000 --> 01:43:42.000]  If he doesn't act on it, you get to file against him.
[01:43:42.000 --> 01:43:48.000]  And when you file against him, he is going to be mad at the people that got you on his case.
[01:43:48.000 --> 01:43:50.000]  This is how we have to do it.
[01:43:50.000 --> 01:43:52.000]  Hang on, Randy Kelton, Douglas Stevens.
[01:43:52.000 --> 01:44:00.000]  We'll blow radio and we'll be right back.
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[01:46:22.000 --> 01:46:29.000]  Okay.
[01:46:29.000 --> 01:46:30.000]  We are back.
[01:46:30.000 --> 01:46:33.000]  Brent Kelton, Deb Stevens, Rule of Law Radio.
[01:46:33.000 --> 01:46:39.000]  And I have a very special guest who has special knowledge in this area.
[01:46:39.000 --> 01:46:45.000]  This is the inimicoble, the famous, everybody knows it.
[01:46:45.000 --> 01:46:49.000]  This is Nurse Ratchet.
[01:46:49.000 --> 01:46:50.000]  Hello.
[01:46:49.000 --> 01:46:51.000]  Hello, Nurse Ratchet.
[01:46:51.000 --> 01:46:53.000]  Hello, Randy.
[01:46:53.000 --> 01:46:55.000]  Hello, Ms. Caroline.
[01:46:55.000 --> 01:47:00.000]  Ms. Caroline was a nurse for quite a while, and she's knowledgeable in this area.
[01:47:00.000 --> 01:47:04.000]  She is actually Steve Skidmore's boss.
[01:47:04.000 --> 01:47:05.000]  Yes.
[01:47:05.000 --> 01:47:09.000]  And unlike Steve, she is absolutely a sweetheart.
[01:47:09.000 --> 01:47:14.000]  And will you explain the procedure here, Ms. Caroline?
[01:47:14.000 --> 01:47:23.000]  Well, in regards to the do not resuscitate, the patient, if they're capable and in their right mind at the time, can sign those.
[01:47:23.000 --> 01:47:30.000]  Or if there is a family member that has the medical power of attorney, they can sign the DNR.
[01:47:30.000 --> 01:47:37.000]  Unless for some reason the doctor or whatever thinks that the family is acting inappropriately,
[01:47:37.000 --> 01:47:46.000]  goes through the social services to obtain custody, to perform the ability to do a DNR on themselves.
[01:47:46.000 --> 01:47:51.000]  So basically, you need to address the doctor.
[01:47:51.000 --> 01:47:54.000]  Going to the police is not going to do this.
[01:47:54.000 --> 01:47:57.000]  You need to address the doctor.
[01:47:57.000 --> 01:48:00.000]  Oh, I have addressed the doctor.
[01:48:00.000 --> 01:48:07.000]  I have the power of attorney, and she was in her right mind.
[01:48:07.000 --> 01:48:08.000]  Okay.
[01:48:08.000 --> 01:48:14.000]  So go to the court and petition for restraining order.
[01:48:14.000 --> 01:48:16.000]  It's over.
[01:48:16.000 --> 01:48:19.000]  It's done.
[01:48:19.000 --> 01:48:20.000]  Yeah.
[01:48:20.000 --> 01:48:28.000]  Well, at this point, then, you might need to speak with a lawyer that actually addresses medical malpractice
[01:48:28.000 --> 01:48:35.000]  and let them address whether or not the doctor appropriately applied the do not resuscitate order.
[01:48:35.000 --> 01:48:36.000]  Wait a minute, Debbie.
[01:48:36.000 --> 01:48:38.000]  Has your mother passed?
[01:48:38.000 --> 01:48:39.000]  Oh, yes.
[01:48:39.000 --> 01:48:40.000]  Absolutely.
[01:48:40.000 --> 01:48:41.000]  Oh, okay.
[01:48:41.000 --> 01:48:42.000]  I didn't get that part.
[01:48:42.000 --> 01:48:46.000]  So now you can sue the doctor for malpractice.
[01:48:46.000 --> 01:48:49.000]  The factual limitations are up.
[01:48:49.000 --> 01:48:51.000]  They literally covered everything.
[01:48:51.000 --> 01:48:52.000]  Okay.
[01:48:52.000 --> 01:48:54.000]  Then let me move along.
[01:48:54.000 --> 01:48:56.000]  I've got two more callers.
[01:48:56.000 --> 01:48:59.000]  If this is already well passed, we can't help you with it.
[01:48:59.000 --> 01:49:04.000]  Then I've got two people who's been hanging on a long time.
[01:49:04.000 --> 01:49:05.000]  Okay.
[01:49:05.000 --> 01:49:06.000]  Okay.
[01:49:06.000 --> 01:49:10.000]  There's not much we can do at this point.
[01:49:10.000 --> 01:49:11.000]  Okay.
[01:49:11.000 --> 01:49:19.000]  We went in an extra segment with this new question, and I've heard these two have been on for two hours.
[01:49:19.000 --> 01:49:20.000]  Okay.
[01:49:20.000 --> 01:49:21.000]  Thank you, Debbie.
[01:49:21.000 --> 01:49:25.000]  We're going to go to Mike in Tennessee.
[01:49:25.000 --> 01:49:26.000]  Hello, Mike.
[01:49:26.000 --> 01:49:30.000]  I want to point out something to you.
[01:49:30.000 --> 01:49:34.000]  Then I've got a foreclosure question for you and Steve, okay?
[01:49:34.000 --> 01:49:35.000]  Okay.
[01:49:35.000 --> 01:49:42.000]  I attended a foreclosure sale in Nashville a couple of weeks ago, and so I'm sitting there listening to...
[01:49:42.000 --> 01:49:45.000]  There's a lady that did the auction.
[01:49:45.000 --> 01:49:47.000]  That's a substitute trustee.
[01:49:47.000 --> 01:49:48.000]  Okay.
[01:49:48.000 --> 01:49:49.000]  Yeah.
[01:49:49.000 --> 01:49:51.000]  And she mentioned that, okay?
[01:49:51.000 --> 01:49:58.000]  She didn't say she was a substitute trustee, but she said there's a substitute trustee sale that's going on right now.
[01:49:58.000 --> 01:49:59.000]  Right.
[01:49:59.000 --> 01:50:00.000]  Okay.
[01:50:00.000 --> 01:50:03.000]  Now then, here's the significant parts that she said.
[01:50:03.000 --> 01:50:13.000]  She said, one is what you're buying here today is the rights of the trustee.
[01:50:13.000 --> 01:50:22.000]  So I got it that you're not getting a movement of title, you're only buying the rights of the trustee.
[01:50:22.000 --> 01:50:24.000]  Yep.
[01:50:24.000 --> 01:50:25.000]  Okay.
[01:50:25.000 --> 01:50:27.000]  Now then, here's the next thing she says.
[01:50:27.000 --> 01:50:32.000]  She says, okay, Mr. and Mrs. Jones, let's say, okay?
[01:50:32.000 --> 01:50:38.000]  And she says tenants with rights, or she says tenants with facts.
[01:50:38.000 --> 01:50:40.000]  I wasn't clear on that.
[01:50:40.000 --> 01:50:50.000]  But she made that clear that Mr. and Mrs. Jones are not the land owners, but simply tenants with rights.
[01:50:50.000 --> 01:50:52.000]  That's a tenant at sufferance.
[01:50:52.000 --> 01:50:58.000]  If you'll go to the deed of trust, you will find a tenant in sufferance defined.
[01:50:58.000 --> 01:51:00.000]  Okay.
[01:51:00.000 --> 01:51:04.000]  Well then, how would that be a breach of contract?
[01:51:04.000 --> 01:51:09.000]  Because that Mrs. Jones and Mr. Jones is really the land owners.
[01:51:09.000 --> 01:51:10.000]  They're not tenants.
[01:51:10.000 --> 01:51:11.000]  No.
[01:51:11.000 --> 01:51:15.000]  Once you default, you become a tenant in sufferance.
[01:51:15.000 --> 01:51:17.000]  So they say.
[01:51:17.000 --> 01:51:18.000]  By the contract.
[01:51:18.000 --> 01:51:19.000]  Yes.
[01:51:19.000 --> 01:51:23.000]  You see, that seems fraudulent right there, though.
[01:51:23.000 --> 01:51:24.000]  No, no, no.
[01:51:24.000 --> 01:51:25.000]  It's not.
[01:51:25.000 --> 01:51:27.000]  It's in the contract.
[01:51:27.000 --> 01:51:29.000]  The contract writes the law.
[01:51:29.000 --> 01:51:30.000]  Okay.
[01:51:30.000 --> 01:51:36.000]  So long as the contract does not breach statute or violate statute, the contract writes the law.
[01:51:36.000 --> 01:51:37.000]  Okay.
[01:51:37.000 --> 01:51:43.000]  Now then, did they breach the contract when they made you a tenant day one?
[01:51:43.000 --> 01:51:45.000]  No.
[01:51:45.000 --> 01:51:48.000]  They agreed to the contract.
[01:51:48.000 --> 01:51:51.000]  They didn't make you a tenant day one.
[01:51:51.000 --> 01:51:56.000]  You became a tenant at default.
[01:51:56.000 --> 01:51:57.000]  Okay.
[01:51:57.000 --> 01:52:04.000]  But your tenant, you know, when that is first executed, that deed of trust, it appears.
[01:52:04.000 --> 01:52:05.000]  No.
[01:52:05.000 --> 01:52:07.000]  No.
[01:52:07.000 --> 01:52:08.000]  Default.
[01:52:08.000 --> 01:52:11.000]  You become a tenant in sufferance at default.
[01:52:11.000 --> 01:52:13.000]  I hear what you're saying, Randy.
[01:52:13.000 --> 01:52:18.000]  But I'm saying it appears that back day one, they made you tenant.
[01:52:18.000 --> 01:52:19.000]  No, they didn't.
[01:52:19.000 --> 01:52:23.000]  They gave you ownership, uncontested ownership of the property.
[01:52:23.000 --> 01:52:25.000]  Gave you a warranty deed.
[01:52:25.000 --> 01:52:26.000]  Okay.
[01:52:26.000 --> 01:52:27.000]  Okay.
[01:52:27.000 --> 01:52:28.000]  Yeah.
[01:52:28.000 --> 01:52:30.000]  And you agreed to pay a certain amount of money.
[01:52:30.000 --> 01:52:38.000]  And as long as you complied with the tenants of the contract, you were the uncontested owner of the property.
[01:52:38.000 --> 01:52:39.000]  Okay.
[01:52:39.000 --> 01:52:45.000]  Once you went into default, then by the contract, you become a tenant in sufferance.
[01:52:45.000 --> 01:52:46.000]  Okay.
[01:52:46.000 --> 01:52:53.000]  Now then, if Chase Bank or whatever breaches the contract and you're in a nonjudicial state,
[01:52:53.000 --> 01:52:56.000]  how do you file something about that?
[01:52:56.000 --> 01:53:02.000]  You file a notice of default in the record and you petition for quiet title.
[01:53:02.000 --> 01:53:04.000]  Oh, is that how you do it?
[01:53:04.000 --> 01:53:05.000]  Yep.
[01:53:05.000 --> 01:53:11.000]  Petition for quiet title will be in the state, generally in the district, the highest court in the state.
[01:53:11.000 --> 01:53:20.000]  And you claim you can either petition for declaratory judgment if you haven't been foreclosed on.
[01:53:20.000 --> 01:53:27.000]  If you have been foreclosed on, a petition to quiet title will put a title claim in the record
[01:53:27.000 --> 01:53:37.000]  and negate the authority of the magistrate to hold a right to possession hearing.
[01:53:37.000 --> 01:53:38.000]  Okay.
[01:53:38.000 --> 01:53:41.000]  Because there's a title issue in place.
[01:53:41.000 --> 01:53:47.000]  That judge can't hear the title issue, so the judge loses subject matter jurisdiction.
[01:53:47.000 --> 01:53:48.000]  Okay.
[01:53:48.000 --> 01:53:52.000]  Now, when we mentioned default, I want to say something about default.
[01:53:52.000 --> 01:54:02.000]  When the bank claims that you defaulted, my first question is, well, okay, who defaulted first, me or the bank?
[01:54:02.000 --> 01:54:06.000]  Now, that is found in the definition of default.
[01:54:06.000 --> 01:54:16.000]  My Black's Law Dictionary defines default as the omission or failure to perform a legal or contractual duty.
[01:54:16.000 --> 01:54:19.000]  Now, who defaulted first?
[01:54:19.000 --> 01:54:29.000]  If a default has not, whoever defaulted first is the one who is accused of defaulting first.
[01:54:29.000 --> 01:54:30.000]  Okay.
[01:54:30.000 --> 01:54:35.000]  Well, you can come back in and say, well, they defaulted on the contract by breaching it.
[01:54:35.000 --> 01:54:38.000]  And they breached that first rattle out of the box.
[01:54:38.000 --> 01:54:40.000]  Well, I didn't say that right.
[01:54:40.000 --> 01:54:47.000]  Well, Randy. You have to make a claim of default before the default is before the court.
[01:54:47.000 --> 01:54:57.000]  So if they come in and claim foreclosure, you can come in and file a notice of default on a date prior to foreclosure
[01:54:57.000 --> 01:55:04.000]  and claim that based on their prior default that their foreclosure action is frivolous.
[01:55:04.000 --> 01:55:05.000]  Right.
[01:55:05.000 --> 01:55:07.000]  Randy, here's my situation, Steve.
[01:55:07.000 --> 01:55:17.000]  All right. As Chase Bank, I wanted them to validate the loan, okay, because they just got it from Washington Mutual.
[01:55:17.000 --> 01:55:19.000]  And they sent me different paperwork.
[01:55:19.000 --> 01:55:21.000]  None of it did any of that.
[01:55:21.000 --> 01:55:22.000]  And I did a...
[01:55:22.000 --> 01:55:24.000]  Whoa, hold on.
[01:55:24.000 --> 01:55:28.000]  They just got it from Washington Mutual?
[01:55:28.000 --> 01:55:30.000]  Well, no.
[01:55:30.000 --> 01:55:32.000]  I mean, they'd had it two years.
[01:55:32.000 --> 01:55:33.000]  Excuse me.
[01:55:33.000 --> 01:55:43.000]  Do they have from Washington Mutual a corporate assignment of the security instrument?
[01:55:43.000 --> 01:55:45.000]  Filed in the public record.
[01:55:45.000 --> 01:55:49.000]  There is absolutely nothing filed in the county records.
[01:55:49.000 --> 01:55:51.000]  They just broke ahead on it.
[01:55:51.000 --> 01:55:56.000]  Then you need to file criminally against them for illegal conversion.
[01:55:56.000 --> 01:56:05.000]  Okay. Now, here's my situation since I was sending them the validation letters and they would send me this, that, and another that mounted to nothing.
[01:56:05.000 --> 01:56:08.000]  I did a UCC-11 that said there is no loan.
[01:56:08.000 --> 01:56:19.000]  I sent that to them and I said, can we agree that we'll stop the monthly payments until you validate today and prove that you have some kind of standing with this?
[01:56:19.000 --> 01:56:21.000]  And I've got this recorded.
[01:56:21.000 --> 01:56:24.000]  It's the head lady at Chase Bank said yes.
[01:56:24.000 --> 01:56:32.000]  And I said, okay, now when you all prove it, that you all are the ones that need this money, I will start back the monthly payments.
[01:56:32.000 --> 01:56:34.000]  And so we made that agreement and I recorded it.
[01:56:34.000 --> 01:56:38.000]  I got it on recording here and now then.
[01:56:38.000 --> 01:56:44.000]  And so it goes through like six months and then they just hand it over to an attorney firm and they file...
[01:56:44.000 --> 01:56:45.000]  Okay.
[01:56:45.000 --> 01:56:45.000]  Okay.
[01:56:45.000 --> 01:56:52.000]  That goes to equitable estoppel or actually to promissory estoppel.
[01:56:52.000 --> 01:56:57.000]  You need to file a...you have to file in the court to stop them.
[01:56:57.000 --> 01:56:59.000]  Have you filed suit against them?
[01:56:59.000 --> 01:57:01.000]  No, I haven't done anything yet.
[01:57:01.000 --> 01:57:02.000]  Okay.
[01:57:02.000 --> 01:57:04.000]  You've got to file a suit to stop them.
[01:57:04.000 --> 01:57:10.000]  You have the claims, but they're not enforceable unless you move to enforce them.
[01:57:10.000 --> 01:57:11.000]  You have to...
[01:57:11.000 --> 01:57:12.000]  Okay.
[01:57:12.000 --> 01:57:22.000]  You have to file a suit for declaratory judgment asking the court to grant a preliminary injunction based on promissory estoppel.
[01:57:22.000 --> 01:57:23.000]  Okay.
[01:57:23.000 --> 01:57:25.000]  Now what court did you file with?
[01:57:25.000 --> 01:57:27.000]  You file that with a local district court.
[01:57:27.000 --> 01:57:35.000]  That's probably a pretty simple suit to file and it's pretty simple for the court to wrap his head around.
[01:57:35.000 --> 01:57:44.000]  Take the recording that you have and turn it into a transcript and file the transcript of the recording
[01:57:44.000 --> 01:57:56.000]  and use that as evidence of promissory estoppel and ask the court to order that JP Morgan's Chase seesaw collection activity
[01:57:56.000 --> 01:58:01.000]  in accordance with the Fair Debt Collections Practices Act.
[01:58:01.000 --> 01:58:02.000]  Okay. Great.
[01:58:02.000 --> 01:58:06.000]  Can you expand on this some day about how to do this in the court?
[01:58:06.000 --> 01:58:07.000]  Yes.
[01:58:07.000 --> 01:58:11.000]  Try to get me next Friday earlier and we will go through it.
[01:58:11.000 --> 01:58:12.000]  All right.
[01:58:12.000 --> 01:58:17.000]  The first two hours I do is going to be just on foreclosure.
[01:58:17.000 --> 01:58:18.000]  Okay.
[01:58:18.000 --> 01:58:19.000]  Hang on.
[01:58:19.000 --> 01:58:23.000]  Let me...I've got one more caller to speak to shortly and we're about out of time.
[01:58:23.000 --> 01:58:28.000]  Ms. Gremlin, I am sorry we have ran out of time.
[01:58:28.000 --> 01:58:36.000]  Can you call us...if you have something that needs to be addressed immediately, email me at randy at ruleoflawradio.com
[01:58:36.000 --> 01:58:39.000]  and I will respond to you in the morning.
[01:58:39.000 --> 01:58:41.000]  I apologize for not getting to you.
[01:58:41.000 --> 01:58:45.000]  This is Randy Kelton, Steve Skidmore, Rule of Law Radio.
[01:58:45.000 --> 01:58:47.000]  We'll be back next week.
[01:58:47.000 --> 01:58:50.000]  Thank you for listening and good night.
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