ROL_2013-11-15_16k_Hr3-4.timecode

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[03:26.000 --> 03:53.000]  Hi Darlene, this is Joe, we're coming back at you, and one of the questions that I had
[03:53.000 --> 04:00.200]  Darlene was with you being in the state of Florida, were you able to get a copy of the
[04:00.200 --> 04:04.760]  note as it existed at the time of the complaint?
[04:04.760 --> 04:12.800]  Well, when I asked for the production of documents, they sent me some documents.
[04:12.800 --> 04:18.760]  Okay, and on those documents, are there any stamps or anything?
[04:18.760 --> 04:20.440]  No.
[04:20.440 --> 04:25.040]  No endorsements, no incomplete stampings?
[04:25.040 --> 04:26.840]  Like recorded from the county?
[04:26.840 --> 04:27.840]  No.
[04:27.840 --> 04:28.840]  No.
[04:28.840 --> 04:31.440]  I'm looking at pay to the order of.
[04:31.440 --> 04:33.240]  On the note itself.
[04:33.240 --> 04:37.000]  Oh, let's see.
[04:37.000 --> 04:48.200]  Look at the last page, you're on the back, at the very bottom.
[04:48.200 --> 04:51.240]  All your signature.
[04:51.240 --> 04:58.200]  Florida being a judicial foreclosure state, they will usually put a copy of the mortgage
[04:58.200 --> 05:05.520]  loan instrument, that is a copy of your note and a copy of your mortgage in as evidence.
[05:05.520 --> 05:11.000]  And they will usually put in a copy of the note as it exists at the time of the foreclosure
[05:11.000 --> 05:14.880]  or at the time of the hearing.
[05:14.880 --> 05:21.000]  And that note would bear a stamp that would say pay to the order of, that's what you're
[05:21.000 --> 05:22.000]  looking for.
[05:22.000 --> 05:28.240]  That are stamped, we hereby certify that this is a true and correct copy of the original
[05:28.240 --> 05:29.240]  document.
[05:29.240 --> 05:30.240]  Right.
[05:30.240 --> 05:33.760]  Now look, all the way at the last page, all right, because you've got a Freddie Fannie
[05:33.760 --> 05:40.840]  uniform instrument probably, all right, it's probably three or four pages.
[05:40.840 --> 05:47.640]  At the very bottom, does it say Freddie Fannie uniform instrument, multi-state use?
[05:47.640 --> 05:51.560]  This one here says it's fixed adjustable rate note.
[05:51.560 --> 05:52.560]  Okay.
[05:52.560 --> 05:59.360]  How many, there's a number, page one of one, two of three, at the bottom of the page, how
[05:59.360 --> 06:02.160]  many pages are in that document?
[06:02.160 --> 06:03.880]  Five pages.
[06:03.880 --> 06:07.440]  Look on page five.
[06:07.440 --> 06:08.440]  Okay.
[06:08.440 --> 06:13.160]  Look below your signature.
[06:13.160 --> 06:14.720]  Okay.
[06:14.720 --> 06:16.840]  Are there any stamps?
[06:16.840 --> 06:17.840]  No.
[06:17.840 --> 06:18.840]  Okay.
[06:18.840 --> 06:22.880]  But you see your signature in writing, correct?
[06:22.880 --> 06:23.880]  Right.
[06:23.880 --> 06:24.880]  Okay.
[06:24.880 --> 06:29.300]  So, basically, they're giving you notes showing no endorsements.
[06:29.300 --> 06:37.540]  With no endorsements have been no negotiations, all right, pursuant to 673-203-D, if a transfer
[06:37.540 --> 06:45.760]  purports to transfer less than the entire instrument, negotiation does not take place.
[06:45.760 --> 06:53.120]  The transferor or the transferee only can be assigned partial rights.
[06:53.120 --> 07:00.360]  So without a full cause of action, right, they cannot do anything.
[07:00.360 --> 07:06.320]  So you've got issues that you can bring up.
[07:06.320 --> 07:13.160]  You've got a lot, you know, you have arguments because pursuant to statutory requirements
[07:13.160 --> 07:20.520]  of law, what was to happen did not happen with their own prima facie evidence that they've
[07:20.520 --> 07:24.360]  exhibited into court records.
[07:24.360 --> 07:27.360]  Okay.
[07:27.360 --> 07:31.920]  Did that make sense, Darlene?
[07:31.920 --> 07:39.400]  Well, see, I'm looking at they've got like four pages to a note, and then they've got
[07:39.400 --> 07:42.440]  an addendum to adjustable rate note.
[07:42.440 --> 07:48.160]  Now, the one that I looked at, the addendum, does not have anybody else signing it, but
[07:48.160 --> 07:55.200]  on page four, it does have a page to the order of with an assessment.
[07:55.200 --> 07:56.200]  That's what I was asking.
[07:56.200 --> 07:57.200]  That's what we're looking for.
[07:57.200 --> 07:58.200]  That's what I've been asking.
[07:58.200 --> 07:59.200]  All right.
[07:59.200 --> 08:01.320]  So how many stamps are on there?
[08:01.320 --> 08:02.320]  One.
[08:02.320 --> 08:03.320]  Okay.
[08:03.320 --> 08:07.200]  Read to me what the stamp says.
[08:07.200 --> 08:14.560]  It says pay to the order of without recourse, Claudia Solis, Assistant Vice President Indy
[08:14.560 --> 08:15.560]  Mac Bank.
[08:15.560 --> 08:16.560]  All right.
[08:16.560 --> 08:23.360]  So what you have is an incomplete stamping, all right, pursuant to 6733110.
[08:23.360 --> 08:26.600]  It's an incomplete instrument, all right?
[08:26.600 --> 08:41.160]  Now, if you were to look at 673203C, it talks about placing restrictions, okay, on the instrument.
[08:41.160 --> 08:42.160]  Take your mic with you.
[08:42.160 --> 08:43.160]  Okay.
[08:43.160 --> 08:44.160]  Give me one second.
[08:44.160 --> 08:45.160]  Okay.
[08:45.160 --> 08:52.040]  Now, all these numbers that Joe's spouting off, these are Florida state codes.
[08:52.040 --> 08:56.760]  What he's referring to is the Florida state equivalent of the Federal Uniform Commercial
[08:56.760 --> 08:57.760]  Code.
[08:57.760 --> 09:01.880]  Every state has adopted the UCC and they've got their own version of it.
[09:01.880 --> 09:05.560]  They're all pretty much verbally the same.
[09:05.560 --> 09:06.560]  Okay.
[09:06.560 --> 09:21.840]  Darlene, write down this number, 673.2031.3, 2031.3, 2031.3, 2031.3, 2031.3, 2031.3,
[09:21.840 --> 09:23.680]  all right?
[09:23.680 --> 09:24.680]  Subsection 3.
[09:24.680 --> 09:25.680]  Okay.
[09:25.680 --> 09:30.760]  And in this state, I'm going to read both, I'm going to read 3 and 4.
[09:30.760 --> 09:41.920]  If you were in Texas, it'd be under Texas Business Commerce Code 3.203, 3.203D.
[09:41.920 --> 09:48.680]  So Florida uses 1234, other states use ABCD.
[09:48.680 --> 09:57.520]  So under 3, unless otherwise agreed, if an instrument transferred for value and the transferee
[09:57.520 --> 10:03.680]  does not become a holder because of lack of endorsement, all right?
[10:03.680 --> 10:09.360]  Lack of endorsements, what it says, by the transferor, the transferee has a specifically
[10:09.360 --> 10:14.240]  enforceable right to the unqualified endorsement of the transferor.
[10:14.240 --> 10:23.600]  But negotiation of the instrument does not occur until the endorsement is made, all right?
[10:23.600 --> 10:30.360]  Now if we go down to 4, it states if a transfer purports to transfer less than the entire
[10:30.360 --> 10:34.240]  instrument, negotiation of the instrument does not occur.
[10:34.240 --> 10:38.360]  The transferee obtains no rights under this chapter and has only the rights of a partial
[10:38.360 --> 10:41.000]  assignee.
[10:41.000 --> 10:50.400]  So in the first section in 3, it talks about until there is a complete endorsement, negotiation
[10:50.400 --> 10:53.280]  cannot take place.
[10:53.280 --> 10:59.360]  Until the payee is named, what you're looking at when it says paid to the order of, and
[10:59.360 --> 11:06.640]  then it's as of yet unnamed payee, the intent was that it was to be negotiated.
[11:06.640 --> 11:11.560]  The intent was to sell, transfer, and deliver.
[11:11.560 --> 11:17.840]  The problem is that intent does not override requirements of law.
[11:17.840 --> 11:25.960]  So now in order to lawfully do this, there must be a payee name on the payee line.
[11:25.960 --> 11:31.280]  Now in addition to that, when it talks about if the transfer purports to transfer less
[11:31.280 --> 11:36.620]  than the entire instrument, the entire mortgage loan instrument is comprised of your tangible
[11:36.620 --> 11:45.560]  promissory note, the mortgage tangible being your security instrument, which is an alternative
[11:45.560 --> 11:53.520]  contract for collecting payment in the case of default, and the intangible payment obligation,
[11:53.520 --> 11:57.720]  which is your promise to pay.
[11:57.720 --> 12:06.960]  If a party comes forth claiming all three parts, there can't be no holder in due course.
[12:06.960 --> 12:12.120]  So in other words, the party coming forth with this actually claiming to be damaged,
[12:12.120 --> 12:17.520]  they need to be named on the payee line of your tangible promissory note, they need to
[12:17.520 --> 12:24.400]  be named into public record, and being named into public record must also have been done
[12:24.400 --> 12:37.840]  in a timely fashion because there is a timeframe in which proper recordation must be done.
[12:37.840 --> 12:45.400]  You cannot record like they are doing today, five years later, six years later, a purported
[12:45.400 --> 12:51.040]  assignment because the whole purpose of an assignment is to memorialize the sale of the
[12:51.040 --> 12:52.720]  tangible promissory note.
[12:52.720 --> 12:58.120]  It does not cause a sale, it's to memorialize the sale.
[12:58.120 --> 13:12.520]  So if a sale was to be made into a trust in 2005, for example, under UCC-9312, a temporary
[13:12.520 --> 13:18.040]  perfection is afforded the sale, that perfection is for 20 days.
[13:18.040 --> 13:30.080]  On day 21 by operation of law, that temporary secured obligation is now an unsecured obligation.
[13:30.080 --> 13:38.400]  So perfection must be timely as well as doing it to properly secure the intangible to the
[13:38.400 --> 13:41.240]  tangible.
[13:41.240 --> 13:49.800]  And right now, just by what you've described to me, the same party is not owning the entire
[13:49.800 --> 13:51.920]  mortgage loan instrument.
[13:51.920 --> 13:58.160]  So with that being said, if negotiation of your entire mortgage loan instrument did not
[13:58.160 --> 14:07.880]  take place, then negotiation did not take place pursuant to 673-3203D.
[14:07.880 --> 14:08.880]  Does that make sense?
[14:08.880 --> 14:09.880]  Four.
[14:09.880 --> 14:10.880]  Or four, I'm sorry.
[14:10.880 --> 14:11.880]  Six, Steve.
[14:11.880 --> 14:17.440]  Yeah, because there's no one paid to the order of on this, so it was-
[14:17.440 --> 14:18.440]  Correct.
[14:18.440 --> 14:19.440]  Correct.
[14:19.440 --> 14:25.960]  And then in addition, you haven't even gone into the proper parties because in order for
[14:25.960 --> 14:32.560]  this to be part of a RIMIC, Real Estate Investment Mortgage Conduit, all right, pursuant to Title
[14:32.560 --> 14:41.960]  12 under Rule 860C, I believe, all right, there needs to be a minimum of two transactions
[14:41.960 --> 14:46.280]  out in order to be bankruptcy remote.
[14:46.280 --> 14:51.360]  What they're trying to do is go from the lender to the trustee, and that's what they're doing
[14:51.360 --> 14:54.660]  on the assignments.
[14:54.660 --> 14:58.120]  So what's going to happen on your assignment, I haven't even seen it, but it probably says
[14:58.120 --> 15:09.960]  MERS, Mortgage Electronic Registration Systems, on behalf of the lender as nominee, transfers
[15:09.960 --> 15:15.320]  onto a mortgage, you know, all beneficial interest, and it probably even says together
[15:15.320 --> 15:18.680]  with the note, and all interests and obligations.
[15:18.680 --> 15:22.240]  That's exactly what it says, but the worst of it-
[15:22.240 --> 15:25.680]  And I'm not even, you know, I'm just reading your mind right now, I guess.
[15:25.680 --> 15:26.680]  Right.
[15:26.680 --> 15:28.440]  There's as many of them.
[15:28.440 --> 15:29.440]  So-
[15:29.440 --> 15:30.440]  It's not even recorded.
[15:30.440 --> 15:33.240]  It's not even recorded.
[15:33.240 --> 15:34.240]  That's a problem.
[15:34.240 --> 15:36.520]  To the judge, an unrecorded-
[15:36.520 --> 15:39.320]  Wait, wait, if it's not recorded-
[15:39.320 --> 15:40.320]  It doesn't exist.
[15:40.320 --> 15:42.920]  Yeah, the judge can't see it.
[15:42.920 --> 15:50.320]  But the judge went and said, oh, okay, I'll substitute you as plaintiff.
[15:50.320 --> 15:51.320]  Great.
[15:51.320 --> 16:00.560]  I've gone in and I've filed these motions and reopened the foreclosure case.
[16:00.560 --> 16:06.120]  If you'll go read that section of code in the Florida code, you'll notice that it is
[16:06.120 --> 16:10.160]  titled, part of the title is rights acquired by transfer.
[16:10.160 --> 16:12.280]  That's what we're talking about here.
[16:12.280 --> 16:13.640]  Rights acquired.
[16:13.640 --> 16:18.000]  What rights were transferred, how were they transferred, and was there a complete transfer
[16:18.000 --> 16:19.000]  of rights?
[16:19.000 --> 16:26.640]  That's what I cited when I went in and cited those codes and said that they have no standing.
[16:26.640 --> 16:31.600]  This was not a recorded assignment of mortgage.
[16:31.600 --> 16:32.600]  I did-
[16:32.600 --> 16:33.600]  Right.
[16:33.600 --> 16:34.600]  What?
[16:34.600 --> 16:35.600]  And I hear the music.
[16:35.600 --> 16:36.600]  Randy, you want to take us out?
[16:36.600 --> 16:37.600]  Wait a minute.
[16:37.600 --> 16:38.600]  You got 20 seconds here.
[16:38.600 --> 16:39.600]  I can't talk the 20 seconds off the cuff.
[16:39.600 --> 16:40.600]  Okay.
[16:40.600 --> 16:41.600]  Sure you can.
[16:41.600 --> 16:51.560]  We try to bring it out right on the numbers.
[16:51.560 --> 16:52.560]  Okay.
[16:52.560 --> 17:00.760]  This is Randy Kelton, Joe Esquivel with our radio, our calling number, 512-646-1984.
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[19:00.000 --> 19:09.000]  You are listening to the Logos Radio Network, logosradio.com.
[19:09.000 --> 19:16.000]  Well, don't let nothing get to you, only the father can deliver you.
[19:16.000 --> 19:25.000]  Don't let bad-minded people hurt you, until safe and get behind you.
[19:25.000 --> 19:40.000]  Don't let bad-minded people hurt you, until safe and get behind you.
[19:40.000 --> 19:53.000]  Don't let bad-minded people hurt you, until safe and get behind you.
[19:53.000 --> 20:02.000]  What claims have you made in your defense so far so we can get a feel for Res Judicata?
[20:02.000 --> 20:13.000]  Well, I had, let's see here, looking at to read state and my affirmative defenses here.
[20:13.000 --> 20:22.400]  I had put, of course, the breach of contract where they failed to demand on me the truth
[20:22.400 --> 20:29.000]  and lending violations, the federal RESPA violations.
[20:29.000 --> 20:33.000]  Okay, how did you make those claims?
[20:33.000 --> 20:34.000]  Well-
[20:34.000 --> 20:38.840]  Okay, here, let me explain what I'm going to.
[20:38.840 --> 20:48.400]  If you make a Hopatina RESPA claim under the remedy provided by the legislature for that
[20:48.400 --> 20:54.120]  consumer protection law, you will almost certainly be beyond the statute of limitations to make
[20:54.120 --> 20:58.800]  those claims, so the court will dismiss them out of hand.
[20:58.800 --> 21:11.120]  However, if you make those claims under the severability clause of the mortgage document,
[21:11.120 --> 21:14.320]  there's no statute of limitations on that one.
[21:14.320 --> 21:20.680]  So, point being, if you've made Hopatina RESPA and the court has almost certainly denied
[21:20.680 --> 21:30.600]  those claims in your motion for rehearing, you go back in and make the claims under the
[21:30.600 --> 21:37.840]  severability clauses, generally paragraph 16 or covenant 16, where both parties agree
[21:37.840 --> 21:39.600]  to abide by all law.
[21:39.600 --> 21:41.720]  Okay, go ahead.
[21:41.720 --> 21:43.320]  That was the first one.
[21:43.320 --> 21:44.320]  Okay.
[21:44.320 --> 21:52.520]  And they had, well, I said fraud and negligent misrepresentation because they charged me
[21:52.520 --> 22:00.080]  without permission $42 to digitally for lifetime retrieval of my loan documents so that they
[22:00.080 --> 22:06.360]  didn't give me all my loan documents at closing, so now when I got into this mess, I attempted
[22:06.360 --> 22:13.760]  to get the documents, and this company, Stephens & Stephens, was no longer in business, and
[22:13.760 --> 22:19.880]  I was told they destroyed my documents, so I had a problem with that, that you now made
[22:19.880 --> 22:24.960]  me pay for something, and now I can't even get my documents because this was used.
[22:24.960 --> 22:26.960]  Wait a minute.
[22:26.960 --> 22:30.360]  Your documents, are you talking about the originals?
[22:30.360 --> 22:34.960]  Yeah, the copies they were supposed to give me, yes.
[22:34.960 --> 22:38.000]  Joe, you want to address that?
[22:38.000 --> 22:44.320]  Well, all right, you have copies, so what you're saying, Darlene, is that you have copies
[22:44.320 --> 22:45.320]  of copies.
[22:45.320 --> 22:52.180]  Those aren't copies that have been authenticated by someone that could certify that they were
[22:52.180 --> 22:59.880]  true and correct copies of original that was in front of them when they made the copy.
[22:59.880 --> 23:07.280]  Which means that the affiant saying that these are true copies of the original or the originals,
[23:07.280 --> 23:11.480]  they would either have to have the original in their hand standing at a Xerox machine
[23:11.480 --> 23:16.960]  making the copies directly from the originals, or they would have had to have been present
[23:16.960 --> 23:18.800]  during closing.
[23:18.800 --> 23:20.800]  Chances are, neither apply.
[23:20.800 --> 23:21.800]  Okay.
[23:21.800 --> 23:32.640]  Do you need to go look at the rules for filing documents with the county registrar?
[23:32.640 --> 23:33.640]  Explain why.
[23:33.640 --> 23:44.120]  I talked to the Tarrant County Clerk on their procedures for electronic filing, and I wanted
[23:44.120 --> 23:52.400]  to see if they were scanning in originals or if they were scanning in copies, so I asked
[23:52.400 --> 24:00.720]  them what was the DPI of the document of the scanner they were using to scan these documents,
[24:00.720 --> 24:03.120]  and they got the old deer in headlights look.
[24:03.120 --> 24:08.120]  Said, how many dots per inch does your scanner scan?
[24:08.120 --> 24:13.240]  So we can tell if the signature on there is a copy of a copy because of the pixelation
[24:13.240 --> 24:14.240]  it'll cause.
[24:14.240 --> 24:17.160]  Well, they said, well, we don't scan them yet.
[24:17.160 --> 24:20.760]  Well, then how do you get documents filed electronically?
[24:20.760 --> 24:25.360]  Said, well, they send us an electronic copy.
[24:25.360 --> 24:27.680]  Well, how do you know that's an original?
[24:27.680 --> 24:34.080]  Well, the company that sends them to us, we have a memorandum of understanding.
[24:34.080 --> 24:36.440]  Oh, you do.
[24:36.440 --> 24:39.440]  So a company, not the actual lender.
[24:39.440 --> 24:43.400]  Lender, oh, no, there are companies that are set up just to do this.
[24:43.400 --> 24:44.760]  Oh, I see.
[24:44.760 --> 24:46.960]  And where do these companies get the documents from?
[24:46.960 --> 24:50.040]  Oh, well, they get them from the title companies.
[24:50.040 --> 24:57.040]  Oh, and how do these companies know that the documents, how can you determine that the
[24:57.040 --> 24:59.400]  documents that they're receiving are originals?
[24:59.400 --> 25:04.840]  Oh, well, they have a memorandum of understanding with the title companies.
[25:04.840 --> 25:08.880]  So you're receiving documents that are required to be original documents, but you get them
[25:08.880 --> 25:13.480]  from somebody with whom you have a memorandum of understanding, who got them from somebody
[25:13.480 --> 25:15.480]  who you have a memorandum of understanding.
[25:15.480 --> 25:20.280]  So we don't know if original document ever existed.
[25:20.280 --> 25:29.840]  In under 15 USC 7003, documents covered by the Uniform Commercial Code are exempted from
[25:29.840 --> 25:33.360]  electronic filing.
[25:33.360 --> 25:42.840]  Have they filed copies of documents in the record or have they filed the original document
[25:42.840 --> 25:50.480]  with the clerk who then took the original document and stamped it as filed, then made
[25:50.480 --> 25:58.120]  a copy of the original document and put that in the record with her stamp as certification
[25:58.120 --> 26:04.040]  that this is a copy of an original put in my hand.
[26:04.040 --> 26:10.640]  Then you can go in and say, your honor, you can't see this document because it was not
[26:10.640 --> 26:12.880]  properly filed in the public record.
[26:12.880 --> 26:18.880]  Therefore it is void and no force in effect and this court cannot consider this as best
[26:18.880 --> 26:19.880]  evidence.
[26:19.880 --> 26:23.640]  Steve, will you address best evidence?
[26:23.640 --> 26:32.080]  Best evidence, yes, this brings up something that you mentioned earlier, Darlene.
[26:32.080 --> 26:37.080]  When Randy asked you if you'd had an audit or an analysis or something done by a third
[26:37.080 --> 26:42.680]  party on your mortgage, I'd like to inform everybody that there's a big problem out here
[26:42.680 --> 26:44.840]  in this market.
[26:44.840 --> 26:47.120]  It's called competent evidence.
[26:47.120 --> 26:52.560]  The Florida in your area, your neck of the woods, here in Texas, the Department of Public
[26:52.560 --> 26:58.720]  Safety issues licenses for private investigators.
[26:58.720 --> 27:03.280]  The Florida Department of Agriculture and Consumer Services is where I'm looking at
[27:03.280 --> 27:10.360]  their website right now and they are responsible for issuing private investigator licenses.
[27:10.360 --> 27:17.080]  When you go to court and you try to enter in an audit or an analysis of either your
[27:17.080 --> 27:26.420]  mortgage or your securitization issues, if you did not get somebody, if there's somebody
[27:26.420 --> 27:34.960]  using a database that is not available to the general public and they're drafting a
[27:34.960 --> 27:40.520]  document that is to be used in a court of law, which you're wanting to use your audit
[27:40.520 --> 27:45.720]  results or your analysis results in a court of law as evidence, it can be kicked out and
[27:45.720 --> 27:51.840]  you can get sanctioned for it because it is not competent evidence due to the failure
[27:51.840 --> 28:00.280]  of the auditor or the analyst to comply with the state licensing requirements.
[28:00.280 --> 28:03.720]  This is a very important issue.
[28:03.720 --> 28:09.640]  If you go in with incompetent evidence, it's hearsay and they will not hear it.
[28:09.640 --> 28:18.480]  However, if you have someone, let's say like Joe Escobel, who is a licensed private investigator,
[28:18.480 --> 28:25.700]  now he will use a database that is not available to the public, but he can do that because
[28:25.700 --> 28:29.240]  he has a license that allows him to do that.
[28:29.240 --> 28:35.880]  This man provides competent evidence that can get entered in as evidence and he can
[28:35.880 --> 28:39.880]  also testify to the facts therein.
[28:39.880 --> 28:44.800]  If you do not have that, then you have nothing in the eyes of the law.
[28:44.800 --> 28:46.400]  The court won't hear it.
[28:46.400 --> 28:49.000]  They won't even consider it.
[28:49.000 --> 28:51.160]  Right.
[28:51.160 --> 28:58.480]  I have to see if the securitization that I got is actually approved here than in the
[28:58.480 --> 29:00.200]  state of Florida.
[29:00.200 --> 29:05.840]  If it was done by a licensed private investigator, then chances are you can get it entered here
[29:05.840 --> 29:07.360]  in as evidence.
[29:07.360 --> 29:13.280]  If it was not, then opposing counsel can object to your evidence because whoever provided
[29:13.280 --> 29:19.560]  you with that evidence has failed to comply with the licensing requirements of the state
[29:19.560 --> 29:24.280]  and the state will go after him and arrest him.
[29:24.280 --> 29:29.840]  Because he's providing services of a private investigator without a license.
[29:29.840 --> 29:33.320]  Major problem and they can sanction you for it as well.
[29:33.320 --> 29:37.040]  I haven't seen that done, but the court can if they want to.
[29:37.040 --> 29:38.040]  Yeah.
[29:38.040 --> 29:41.440]  And I hear the music again.
[29:41.440 --> 29:42.440]  Yeah.
[29:42.440 --> 29:43.440]  Okay.
[29:43.440 --> 29:44.440]  Hang on.
[29:44.440 --> 29:45.440]  We're about to go to break.
[29:45.440 --> 29:50.840]  This is Randy Kelton, Deborah Stevens, Joe Esquivel, Root of the Law Radio.
[29:50.840 --> 30:01.880]  Our call in number 512-646-1984, we'll be right back.
[30:01.880 --> 30:06.320]  A homeless man steals a hundred bucks and a judge gives him a 15-year sentence.
[30:06.320 --> 30:10.920]  The next day, a CEO who swindled three billion gets just three years.
[30:10.920 --> 30:11.920]  What gives?
[30:11.920 --> 30:15.480]  I'm Dr. Catherine Albrecht and I'll be right back with the details.
[30:15.480 --> 30:17.040]  Privacy is under attack.
[30:17.040 --> 30:21.440]  When you give up data about yourself, you'll never get it back again and once your privacy
[30:21.440 --> 30:25.440]  is gone, you'll find your freedoms will start to vanish too.
[30:25.440 --> 30:30.560]  So protect your rights, say no to surveillance and keep your information to yourself.
[30:30.560 --> 30:33.200]  Privacy, it's worth hanging on to.
[30:33.200 --> 30:37.480]  This public service announcement is brought to you by StartPage.com, the private search
[30:37.480 --> 30:41.000]  engine alternative to Google, Yahoo and Bing.
[30:41.000 --> 30:42.800]  Start over with StartPage.
[30:42.800 --> 30:49.520]  Two years ago in Louisiana, Roy Brown, a black homeless man robbed a bank and made off with
[30:49.520 --> 30:50.520]  a hundred dollars.
[30:50.520 --> 30:55.440]  Remorseful, he surrendered to police the next day, returned the money and pleaded guilty
[30:55.440 --> 30:57.800]  saying his mama didn't raise him that way.
[30:57.800 --> 31:01.400]  The judge was unmoved and sentenced him to 15 years.
[31:01.400 --> 31:06.240]  Just one day later, a Virginia judge handed down a mere 40-month prison sentence to Paul
[31:06.240 --> 31:11.520]  Allen, a white investment tycoon who helped embezzle more than three billion dollars.
[31:11.520 --> 31:16.560]  Paul Allen will be back on the golf course before Roy Brown is even up for parole.
[31:16.560 --> 31:18.480]  Could anything be more unfair?
[31:18.480 --> 31:23.000]  Obviously, discrimination is alive and well in our courts and it's a crying shame.
[31:23.000 --> 31:30.800]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[31:30.800 --> 31:36.160]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[31:36.160 --> 31:41.600]  The government says that fire brought it down, however, 1,500 architects and engineers concluded
[31:41.600 --> 31:43.040]  it was a controlled demolition.
[31:43.040 --> 31:45.960]  Over 6,000 of my fellow service members have given their lives.
[31:45.960 --> 31:48.640]  Thousands of my fellow first responders are dying.
[31:48.640 --> 31:50.040]  I'm not a conspiracy theorist.
[31:50.040 --> 31:51.040]  I'm a structural engineer.
[31:51.040 --> 31:52.480]  I'm a New York City correction officer.
[31:52.480 --> 31:53.480]  I'm an Air Force pilot.
[31:53.480 --> 31:55.160]  I'm a father who lost his son.
[31:55.160 --> 31:57.760]  We're Americans and we deserve the truth.
[31:57.760 --> 32:00.360]  Go to RememberBuilding7.org today.
[32:00.360 --> 32:05.120]  Rule of Law Radio is proud to offer the Rule of Law traffic seminar.
[32:05.120 --> 32:08.960]  In today's America, we live in an us-against-them society and if we, the people, are ever going
[32:08.960 --> 32:13.080]  to have a free society, then we're going to have to stand and defend our own rights.
[32:13.080 --> 32:16.120]  Among those rights are the right to travel freely from place to place, the right to act
[32:16.120 --> 32:20.160]  in our own private capacity, and most importantly, the right to due process of law.
[32:20.160 --> 32:24.440]  The courts afford us the least expensive opportunity to learn how to enforce and preserve our rights
[32:24.440 --> 32:25.440]  through due process.
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[32:29.400 --> 32:33.160]  most comprehensive teaching tool available that will help you understand what due process
[32:33.160 --> 32:35.560]  is and how to hold courts to the rule of law.
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[32:39.560 --> 32:40.880]  ordering your copy today.
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[32:44.240 --> 32:48.640]  The Law Versus the Lie, video and audio of the original 2009 seminar, hundreds of research
[32:48.640 --> 32:50.480]  documents and other useful resource material.
[32:50.480 --> 32:54.200]  Learn how to fight for your rights with the help of this material from ruleoflawradio.com.
[32:54.200 --> 33:23.880]  Order your copy today and together we can have the free society we all want and deserve.
[33:24.880 --> 33:50.080]  I won't let you pull the wool over my eyes.
[33:50.080 --> 33:57.080]  I must refuse your news, also come in lie.
[33:57.080 --> 34:02.080]  It seems you like the fact, but please take some words.
[34:02.080 --> 34:04.080]  Okay, we are back.
[34:04.080 --> 34:07.080]  Randy Kelton, Joe Esquivel, Rule of Law Radio.
[34:07.080 --> 34:09.080]  We're talking to Darlene in Florida.
[34:09.080 --> 34:14.080]  Okay, Darlene, we have the Hopatela Respa.
[34:14.080 --> 34:16.080]  You can rewrite those.
[34:16.080 --> 34:21.080]  If you're getting a reconsideration, rewrite those in terms of contractual.
[34:21.080 --> 34:26.080]  You should look at everything in terms of that mortgage document.
[34:26.080 --> 34:29.080]  Everything you need is in that mortgage document.
[34:29.080 --> 34:35.080]  And if you make a Hopatela Respa claim, then the judge has to move from state law to federal
[34:35.080 --> 34:40.080]  law and adjudicate federal law in the state case and they will deny that every time.
[34:40.080 --> 34:47.080]  But if you ask the court to look at the four corners of this document that is before them
[34:47.080 --> 34:55.080]  right now and make your determination based on the documents that are before you right
[34:55.080 --> 35:08.080]  now and not some general assertion of bifurcation or securitization, you say he breached this
[35:08.080 --> 35:19.080]  covenant right here at closing he failed to give full disclosure and thereby failed to
[35:19.080 --> 35:23.080]  give all the proper notices of 14.
[35:23.080 --> 35:33.080]  And under contract law, you can more easily claim, rather than accusing them of fraud,
[35:33.080 --> 35:40.080]  you can claim that by their failure to give full disclosure, they did not establish a
[35:40.080 --> 35:42.080]  meeting of the minds.
[35:42.080 --> 35:45.080]  Therefore, the document is invalid.
[35:45.080 --> 35:52.080]  If you have MERS in the document, MERS is named as a nominee for the lender.
[35:52.080 --> 35:54.080]  Correct.
[35:54.080 --> 35:57.080]  What does that mean?
[35:57.080 --> 36:03.080]  We had courts and courts and courts address what that means.
[36:03.080 --> 36:10.080]  Any errors in the contract are to be attributed to the creator of the document.
[36:10.080 --> 36:15.080]  And it was the lender that brought that document to the table.
[36:15.080 --> 36:18.080]  You don't have to prove what it does mean or what it doesn't mean.
[36:18.080 --> 36:24.080]  All you need to do is be able to show this is a consumer contract.
[36:24.080 --> 36:32.080]  And you are, as a matter of statute, not a sophisticated purchaser.
[36:32.080 --> 36:42.080]  Therefore, if ordinary people of reasonable intelligence could come to different
[36:42.080 --> 36:48.080]  conclusions as to the meaning of the term, the term is too ambiguous to establish a
[36:48.080 --> 36:50.080]  contractual agreement.
[36:50.080 --> 36:57.080]  There would be no meetings of minds if the terms are unclear.
[36:57.080 --> 37:02.080]  Did you appoint MERS when you signed the mortgage?
[37:02.080 --> 37:06.080]  Did you appoint MERS as the agent for the lender?
[37:06.080 --> 37:09.080]  Of course not, no.
[37:09.080 --> 37:14.080]  Did the lender sign the document affirming the appointment of MERS?
[37:14.080 --> 37:16.080]  No.
[37:16.080 --> 37:19.080]  How the heck did MERS ever get into this?
[37:19.080 --> 37:28.080]  It's clear by the wording of the contract that the lender intended that MERS act as
[37:28.080 --> 37:31.080]  nominee, whatever that means.
[37:31.080 --> 37:38.080]  But is there anything showing that MERS was actually appointed to act as nominee?
[37:38.080 --> 37:41.080]  Right.
[37:41.080 --> 37:43.080]  Did they sell the note?
[37:43.080 --> 37:44.080]  What note?
[37:44.080 --> 37:49.080]  Did they sell a portion of the note?
[37:49.080 --> 37:59.080]  Did they transfer the deed of trust at the same time they negotiated the note?
[37:59.080 --> 38:03.080]  Read Covenant 20.
[38:03.080 --> 38:07.080]  What you have, is your loan an FHA loan?
[38:07.080 --> 38:09.080]  No.
[38:09.080 --> 38:17.080]  There should be a covenant down there that authorizes the lender to sell a portion of the note
[38:17.080 --> 38:22.080]  of the entire note together with the security instrument.
[38:22.080 --> 38:25.080]  Will you address that, Joe?
[38:25.080 --> 38:30.080]  Well, yes, basically that is what Covenant 20 says.
[38:30.080 --> 38:35.080]  This note or a partial interest of the note together with the security interest instrument may be
[38:35.080 --> 38:38.080]  sold one or more times without notice to the borrower.
[38:38.080 --> 38:40.080]  So what the heck does that mean?
[38:40.080 --> 38:47.080]  It's a fancy word crafting of illegal impossibility.
[38:47.080 --> 38:56.080]  That cannot happen because the security instrument can only follow a properly perfected note.
[38:56.080 --> 39:02.080]  It cannot follow a partial interest of the note.
[39:02.080 --> 39:11.080]  So Darlene, you have a note that has a part of a negotiation on it.
[39:11.080 --> 39:13.080]  Right.
[39:13.080 --> 39:15.080]  But not all of it.
[39:15.080 --> 39:16.080]  Right.
[39:16.080 --> 39:30.080]  So what was negotiated to who and was the entire note negotiated so that the mortgage could follow it?
[39:30.080 --> 39:34.080]  Or did they send one part one way and leave another part somewhere else?
[39:34.080 --> 39:36.080]  Go ahead.
[39:36.080 --> 39:40.080]  I would state, do not say that the note was negotiated.
[39:40.080 --> 39:53.080]  I would say that an interest of the mortgage loan instrument was sold because by stating that a
[39:53.080 --> 39:58.080]  portion of the note was sold, you're giving an admission.
[39:58.080 --> 40:12.080]  So the question I was asking was if the entire note was negotiated and the security instrument was
[40:12.080 --> 40:15.080]  transferred at the same time, they have standing.
[40:15.080 --> 40:24.080]  But it could have been done because pursuant to 673-2033, all right, until the payee is named,
[40:24.080 --> 40:26.080]  negotiation does not take place.
[40:26.080 --> 40:28.080]  That was my point.
[40:28.080 --> 40:29.080]  Right.
[40:29.080 --> 40:35.080]  The note has now lost its eligibility for negotiation.
[40:35.080 --> 40:45.080]  That endorsement gives the prima facie evidence of an intent to do something.
[40:45.080 --> 40:47.080]  Did they really get that done?
[40:47.080 --> 40:48.080]  Nope.
[40:48.080 --> 40:49.080]  Right.
[40:49.080 --> 40:51.080]  Intent is not override requirements of law.
[40:51.080 --> 40:52.080]  You're right.
[40:52.080 --> 40:57.080]  So they intended to, okay, I can see that you intended to do this.
[40:57.080 --> 40:58.080]  Now show me how you did it.
[40:58.080 --> 40:59.080]  Right.
[40:59.080 --> 41:05.080]  And, Darlene, I would not state fraud unless you're going to prove all elements of fraud.
[41:05.080 --> 41:06.080]  Okay.
[41:06.080 --> 41:10.080]  You know, if you were going to state fraud, I would state fraud in the factum.
[41:10.080 --> 41:17.080]  You know, as you were induced to believe through a consciousness of innocence that what was purported
[41:17.080 --> 41:22.080]  on the document you construed as being true and correct.
[41:22.080 --> 41:29.080]  And as Randy had mentioned, he mentions quite often, you being a consumer were not knowledgeable
[41:29.080 --> 41:33.080]  to have a full understanding as to what was being said.
[41:33.080 --> 41:35.080]  You were misled.
[41:35.080 --> 41:37.080]  Let me add a word to that.
[41:37.080 --> 41:42.080]  True, correct, and regular.
[41:42.080 --> 41:48.080]  You see, you're not considered to be a sophisticated consumer.
[41:48.080 --> 41:56.080]  And you exercised due diligence in that you only dealt with licensed professionals who
[41:56.080 --> 42:03.080]  were subject to governmental oversight, which gave you reasonable cause to believe that
[42:03.080 --> 42:09.080]  you could trust the other party to act with good faith and fair dealing.
[42:09.080 --> 42:10.080]  Right.
[42:10.080 --> 42:19.080]  So you did not, you were not expected to be able to read every sentence in paragraph and
[42:19.080 --> 42:24.080]  fully understand the legal implications of all of those sentences in paragraphs.
[42:24.080 --> 42:30.080]  It was the responsibility of the creator of that document to so construct it so that the
[42:30.080 --> 42:39.080]  impression it gave in the mind of a unsophisticated consumer was a true and correct impression.
[42:39.080 --> 42:46.080]  And that the document was regular in accordance with all standing law.
[42:46.080 --> 42:47.080]  Okay.
[42:47.080 --> 42:50.080]  You didn't have to understand it.
[42:50.080 --> 42:51.080]  Okay.
[42:51.080 --> 42:58.080]  Now, this assignment of mortgage that was not recorded, and they presented to the judge
[42:58.080 --> 43:05.080]  so that the judge would then substitute plaintiff, because that's where I said was like fraud,
[43:05.080 --> 43:11.080]  because they deceived the court so that they would let the trustee now become the plaintiff
[43:11.080 --> 43:14.080]  in my foreclosure case.
[43:14.080 --> 43:18.080]  Fraud and fraud upon the court are two different animals.
[43:18.080 --> 43:24.080]  In addition, look at what the purpose of an assignment, Darlene, is to memorialize the
[43:24.080 --> 43:27.080]  sale of the tangible promissory note.
[43:27.080 --> 43:30.080]  It does not cause the sale.
[43:30.080 --> 43:33.080]  The purpose is to memorialize it.
[43:33.080 --> 43:39.080]  So my question is, was this document eligible to be recorded even?
[43:39.080 --> 43:45.080]  But if it wasn't recorded, the judge cannot see it.
[43:45.080 --> 43:47.080]  It can't come before the court.
[43:47.080 --> 43:48.080]  Hang on.
[43:48.080 --> 43:50.080]  We need to finish up on the other side.
[43:50.080 --> 43:51.080]  We've got more callers.
[43:51.080 --> 43:53.080]  This is Randy Kelton, Joe Esquivel.
[43:53.080 --> 43:54.080]  We've got radio.
[43:54.080 --> 43:57.080]  Our call-in number, 512-646-1984.
[43:57.080 --> 44:02.080]  We'll be right back.
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[46:02.080 --> 46:14.080]  Music
[46:14.080 --> 46:24.080]  Whoa, whoa, whoa, yeah
[46:24.080 --> 46:30.080]  Always I must be careful what I'm wishing for
[46:30.080 --> 46:35.080]  When I'm hungry, I like to know just what I'm fishing for
[46:35.080 --> 46:41.080]  I ain't asking for much, I ain't trying to be no glutton
[46:41.080 --> 46:47.080]  I'm just here making my living pushing buttons
[46:47.080 --> 46:53.080]  Okay, we are back. Randy Kelton, Deborah Stevens, Rule of Law Radio, and Darlene.
[46:53.080 --> 47:04.080]  You really can do a whole seminar on this part, but in short, read that mortgage a couple of times
[47:04.080 --> 47:16.080]  and read it in terms of looking for a covenant, a requirement that the lender breached.
[47:16.080 --> 47:25.080]  Understand what the document is. The document is the grant of the privilege to the lender
[47:25.080 --> 47:30.080]  based on certain restrictions and considerations.
[47:30.080 --> 47:35.080]  If the lender abides by all the restrictions,
[47:35.080 --> 47:41.080]  then the lender can exercise the privilege of a claim against your property.
[47:41.080 --> 47:47.080]  If the lender breached any of those provisions, then the lender is in default.
[47:47.080 --> 47:55.080]  When the lender forecloses, the lender accuses you of being in default of that portion of the document
[47:55.080 --> 48:03.080]  wherein you agreed that if you did not pay the mortgage in accordance with the stipulations on the note,
[48:03.080 --> 48:09.080]  then the lender could make a claim against your property.
[48:09.080 --> 48:16.080]  That's the default. Well, if the lender has breached some covenant of that same document
[48:16.080 --> 48:24.080]  prior to your alleged default, the document went void at that point.
[48:24.080 --> 48:28.080]  I was going to say also look at Covenant 16 of your mortgage.
[48:28.080 --> 48:32.080]  Covenant 16 should say governing law and severability.
[48:32.080 --> 48:41.080]  Governing law, they usually state this security instrument shall be governed by federal law
[48:41.080 --> 48:45.080]  and of the law of the jurisdiction in where the property is located.
[48:45.080 --> 48:50.080]  Break one state law or break one federal law, you have breached that covenant.
[48:50.080 --> 48:54.080]  And you are in default. Correct.
[48:54.080 --> 48:59.080]  Also, the note has a similar severability clause in it.
[48:59.080 --> 49:07.080]  So if they breach one on the note, then you can call that a breach of the deed of trust, of the mortgage.
[49:07.080 --> 49:14.080]  And there's part of contract law also states that if multiple documents are created at the same time
[49:14.080 --> 49:19.080]  for the same purpose, they are to be read as one document and construed together.
[49:19.080 --> 49:23.080]  1872 Carpenter versus Logon. Yeah.
[49:23.080 --> 49:29.080]  Well, I'm talking, I'm not going to case law, I'm going to contract law.
[49:29.080 --> 49:32.080]  Get them either way. Yeah, either way.
[49:32.080 --> 49:36.080]  Okay. Okay. Okay, Darlene.
[49:36.080 --> 49:39.080]  Yes. Have we confused you enough?
[49:39.080 --> 49:45.080]  No, no, no. We can try harder.
[49:45.080 --> 49:49.080]  You might want to go back and listen to the archive because sometimes.
[49:49.080 --> 49:51.080]  Oh, no, I do. I do.
[49:51.080 --> 49:56.080]  Okay, good. Because I've said this a hundred times, so it makes sense to me.
[49:56.080 --> 50:02.080]  Yes. Sometimes I wonder why people don't understand. It makes perfect sense to me.
[50:02.080 --> 50:08.080]  Well, yeah, but you know, a lot of you talking, so I have to go back and re-listen
[50:08.080 --> 50:13.080]  because you do give out a lot of information fast.
[50:13.080 --> 50:17.080]  It's like trying to take a sip of water from a fire hydrant.
[50:17.080 --> 50:19.080]  Yeah, got it. Yes. Yes.
[50:19.080 --> 50:22.080]  Sorry. It's in our nature.
[50:22.080 --> 50:26.080]  I have tried that before. Okay, we do need to move along.
[50:26.080 --> 50:30.080]  So you can go get more calls. And thank you so much for the information.
[50:30.080 --> 50:31.080]  You're welcome, Darlene.
[50:31.080 --> 50:36.080]  Thank you, Darlene. Now we're going to go to Sharon in California.
[50:36.080 --> 50:38.080]  Hello, Ms. Sharon, what do you have for us today?
[50:38.080 --> 50:45.080]  Hi, Randy. Yes, I want to talk about the, I have that loan with Wells Fargo
[50:45.080 --> 50:51.080]  with my commercial property and they are now going after me for attorney fees
[50:51.080 --> 50:58.080]  of $38,000 on this case.
[50:58.080 --> 50:59.080]  That's a lot of money.
[50:59.080 --> 51:04.080]  Okay. Is there a question there?
[51:04.080 --> 51:08.080]  Well, I'm wondering what I can do about this.
[51:08.080 --> 51:15.080]  They have a motion that's coming up in February in front of the judge
[51:15.080 --> 51:21.080]  to get their attorney fees and costs.
[51:21.080 --> 51:31.080]  Well, I need a little referential index. I don't remember all the details.
[51:31.080 --> 51:37.080]  Well, this is on my commercial property where I have the drive-through coffee shop
[51:37.080 --> 51:46.080]  and they foreclosed on the property and it's still in litigation.
[51:46.080 --> 51:49.080]  We have a motion for reconsider that's coming up in December,
[51:49.080 --> 51:55.080]  but they've already filed for their attorney fees and costs.
[51:55.080 --> 52:02.080]  I guess they presume they're going to go ahead and win, which they probably will.
[52:02.080 --> 52:08.080]  Well, there's really nothing to do yet if the case is not fully litigated.
[52:08.080 --> 52:12.080]  If they lose the case, this filing becomes moot.
[52:12.080 --> 52:18.080]  Yeah, but I'm pretty sure they're going to go ahead and win.
[52:18.080 --> 52:26.080]  If they're going to win, they're going to get to claim what's the likelihood of bankruptcy.
[52:26.080 --> 52:29.080]  We've already done that.
[52:29.080 --> 52:31.080]  How long ago?
[52:31.080 --> 52:35.080]  2011.
[52:35.080 --> 52:39.080]  Did you include this property as unsecured?
[52:39.080 --> 52:42.080]  No, we put it as secured.
[52:42.080 --> 52:48.080]  Then reopen the bankruptcy and claim the property as unsecured.
[52:48.080 --> 52:51.080]  That's one option.
[52:51.080 --> 52:56.080]  Move from Schedule D to Schedule F. That's what I would do.
[52:56.080 --> 52:58.080]  Okay.
[52:58.080 --> 53:01.080]  Shift the burden of proof.
[53:01.080 --> 53:08.080]  Go back to BK Rule 3001, Subsection D as in dog.
[53:08.080 --> 53:15.080]  Any party coming forth with a claim of a security interest must be evidenced by a properly perfected lien.
[53:15.080 --> 53:17.080]  How do you properly perfect a lien?
[53:17.080 --> 53:20.080]  You file into public record.
[53:20.080 --> 53:30.080]  In your production of documents and requesting a copy of the original debt instrument as it existed at the time of the foreclosure,
[53:30.080 --> 53:33.080]  that would be your tangible promissory note,
[53:33.080 --> 53:42.080]  and you would match the endorsements on the note as to what's filed into public record pertaining to the deed of trust.
[53:42.080 --> 53:53.080]  Okay, because they did come in in 2011 to list the stay that was there, and they did put in there a copy.
[53:53.080 --> 53:57.080]  It wasn't the original, of course. It was just one of the copies.
[53:57.080 --> 54:00.080]  I had an attorney doing this at the time.
[54:00.080 --> 54:02.080]  Most attorneys don't understand.
[54:02.080 --> 54:08.080]  Right. And I asked him, actually I wanted him to put it as unsecured, but he wouldn't do that.
[54:08.080 --> 54:12.080]  Ooh, sue the lawyer.
[54:12.080 --> 54:16.080]  I think they're all afraid to do that. None of them want to do that.
[54:16.080 --> 54:18.080]  You can sue the lawyer.
[54:18.080 --> 54:19.080]  Yeah.
[54:19.080 --> 54:21.080]  Mark Stevens.
[54:21.080 --> 54:29.080]  Yeah, just sue the lawyer for three times the amount of the property for malpractice.
[54:29.080 --> 54:31.080]  Okay.
[54:31.080 --> 54:39.080]  They don't like to do what they're asked to do, but that's irrelevant.
[54:39.080 --> 54:50.080]  If you make a request and they don't listen to it and they err and they do what they feel is correct and you lose, whose fault was that?
[54:50.080 --> 54:52.080]  Right. Yep.
[54:52.080 --> 55:12.080]  The only thing an attorney can do is if you ask him to do something that is absolutely illegal, he can tell you that that's illegal and he can urge you not to move him to do that.
[55:12.080 --> 55:14.080]  He cannot prevent you from doing that.
[55:14.080 --> 55:16.080]  This is a free country.
[55:16.080 --> 55:20.080]  You can shoot yourself in the foot if you want.
[55:20.080 --> 55:22.080]  But you're not shooting yourself in the foot.
[55:22.080 --> 55:27.080]  He's just simply, he does not have an understanding and he doesn't feel comfortable with it.
[55:27.080 --> 55:29.080]  And no, ma'am, I'm not going to do that.
[55:29.080 --> 55:32.080]  Well, I want you to do it anyway.
[55:32.080 --> 55:40.080]  The biggest thing that lawyers fear is missing something.
[55:40.080 --> 55:48.080]  The second biggest thing they fear is sanctions from the court for filing an improper plea.
[55:48.080 --> 55:49.080]  Right.
[55:49.080 --> 55:52.080]  They're caught between this rock and this hard place.
[55:52.080 --> 55:59.080]  They only want to file what they're accustomed to filing, what they filed a lot of times.
[55:59.080 --> 56:02.080]  They don't want to file something new.
[56:02.080 --> 56:07.080]  And they're looking at who's more likely to sting me.
[56:07.080 --> 56:12.080]  If I file this and it's improper, the judge is going to hammer me.
[56:12.080 --> 56:16.080]  If I don't file it, is my client going to sue me?
[56:16.080 --> 56:19.080]  Well, most likely not.
[56:19.080 --> 56:25.080]  So they generally feel like they can bully the client and get them to accept whatever they do.
[56:25.080 --> 56:28.080]  Just go back and sue the lawyer.
[56:28.080 --> 56:36.080]  And the latter premise is comfortable for a lawyer because actually you went to him, which means you don't know the law.
[56:36.080 --> 56:37.080]  Right.
[56:37.080 --> 56:44.080]  And he's presuming that you don't know the law and that you don't know to sue him and that you won't sue him.
[56:44.080 --> 56:51.080]  And understand the lawyers, the scam that they're promoting.
[56:51.080 --> 56:55.080]  Lawyers go to law school and they learn a whole lot about law.
[56:55.080 --> 56:58.080]  And this is not meant as a criticism of lawyers.
[56:58.080 --> 57:02.080]  This is a spot, a position they're put into.
[57:02.080 --> 57:06.080]  They go to law school and they learn a whole lot about law.
[57:06.080 --> 57:10.080]  They don't learn squat about the actual practice of law.
[57:10.080 --> 57:14.080]  When they get out of law school, they will get that bar card.
[57:14.080 --> 57:17.080]  Now they come out and learn how to practice law.
[57:17.080 --> 57:25.080]  The problem is when they get that bar card, they become learned counsel.
[57:25.080 --> 57:30.080]  They cannot miss something even if they don't know squat about it.
[57:30.080 --> 57:39.080]  That's why most lawyers want to join law firms so they have older lawyers who can bring them along and keep them out of trouble.
[57:39.080 --> 57:46.080]  So you come to the lawyer with something new that he hasn't seen before, they're terrified of that stuff.
[57:46.080 --> 57:54.080]  Even if they go do the research, they know that they're putting on this show of being learned counsel.
[57:54.080 --> 58:00.080]  But deep in their hearts, they all know they're a bunch of imposters.
[58:00.080 --> 58:08.080]  It's this imposter syndrome they don't want you to recognize so they don't do anything outside the box.
[58:08.080 --> 58:14.080]  You want to get him outside of his box? Bar grieving pursue him.
[58:14.080 --> 58:18.080]  That'll give him reason to get up off his keister and properly adjudicate your case.
[58:18.080 --> 58:29.080]  Hang on, this is Randy Kelton, Deborah Stevens, Joe Esquivel, Rule of Law Radio, our call in number 512-646-1984.
[58:29.080 --> 58:32.080]  We're about to go to our top of the hour break.
[58:32.080 --> 58:41.080]  Kevin, Mark, I appreciate you guys holding on so long and Johnny from Texas, I don't know what I think of him.
[58:41.080 --> 58:45.080]  We will get to you guys when we come back on the other side.
[58:45.080 --> 58:50.080]  So if you have a question, give us a call, get in line, we'll be right back.
[58:50.080 --> 58:54.080]  Would you like to make more definite progress in your walk with God?
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[59:13.080 --> 59:18.080]  The free books are a three volume set called Basic Elements of the Christian Life.
[59:18.080 --> 59:27.080]  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.
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[59:50.080 --> 01:00:00.080]  You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:00.080 --> 01:00:09.080]  This is the Liberty Beat, your daily source for Liberty news and activist updates, online at thelibertybeat.com.
[01:00:09.080 --> 01:00:14.080]  I'm Brian Hagan with your Liberty Beat for Friday, November 15th, 2013.
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[01:00:57.080 --> 01:01:01.080]  In the news, another day, another spying revelation.
[01:01:01.080 --> 01:01:08.080]  This one from the New York Times, which reports that the CIA is secretly collecting bulk records of international money transfers,
[01:01:08.080 --> 01:01:12.080]  including transactions in and out of the United States.
[01:01:12.080 --> 01:01:16.080]  The Financial Records Program, which targets such companies as Western Union,
[01:01:16.080 --> 01:01:20.080]  is conducted under the same law that the NSA uses to collect phone records.
[01:01:20.080 --> 01:01:29.080]  Current and former government officials say provisions in the Patriot Act authorize the programs.
[01:01:29.080 --> 01:01:34.080]  The Government Accountability Office released a report Wednesday detailing the massive failures
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[01:02:00.080 --> 01:02:05.080]  Those words from a draft agreement between Berlin's social democrats and conservatives,
[01:02:05.080 --> 01:02:08.080]  as Berlin suspends the purchase of armed drones.
[01:02:08.080 --> 01:02:13.080]  The statement condemning the use of drones for targeted attacks was obtained by Der Spiegel.
[01:02:13.080 --> 01:02:17.080]  The move by Berlin comes on the heels of an amnesty international report
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[01:03:26.080 --> 01:03:55.080] .
[01:03:55.080 --> 01:04:05.080]  Okay, we are back Randy Kelton, Debbie Stevens, Joe Esquivel, Rue Blah Radio, and we're talking to Sharon in California.
[01:04:05.080 --> 01:04:12.080]  I did want to mention something I didn't say, that they already did portals on the property.
[01:04:12.080 --> 01:04:14.080]  Oh, how long ago?
[01:04:14.080 --> 01:04:22.080]  Um, how long ago was that? When were they portals? May, I believe. Yeah.
[01:04:22.080 --> 01:04:26.080]  That adds a degree of difficulty.
[01:04:26.080 --> 01:04:32.080]  Yeah, a lot of difficulty.
[01:04:32.080 --> 01:04:41.080]  Now you'll have to find a way to overturn the foreclosure. You were in California, it's going to be tough.
[01:04:41.080 --> 01:04:44.080]  This goes back to reopen the BK.
[01:04:44.080 --> 01:04:52.080]  Yeah, but prior to opening the BK, she needs to find out, is the loan in a CMBS? Has it been securitized?
[01:04:52.080 --> 01:04:54.080]  Was the loan in a CMBS?
[01:04:54.080 --> 01:04:57.080]  Yes.
[01:04:57.080 --> 01:04:59.080]  That's the first thing we need to find out, Sharon.
[01:04:59.080 --> 01:05:01.080]  You said this is commercial property, correct?
[01:05:01.080 --> 01:05:02.080]  Right.
[01:05:02.080 --> 01:05:06.080]  Okay.
[01:05:06.080 --> 01:05:11.080]  So, do you have any knowledge that the loan was securitized?
[01:05:11.080 --> 01:05:23.080]  Well, that's the one I think you remember. I told you it may have been. We had a report on the securitization that says it may have been.
[01:05:23.080 --> 01:05:30.080]  May have been. They didn't give you an exact yes or no, did they?
[01:05:30.080 --> 01:05:34.080]  Because they said, you know, they really couldn't find it.
[01:05:34.080 --> 01:05:36.080]  They didn't know how to look it up.
[01:05:36.080 --> 01:05:41.080]  And it could have been in a private trust.
[01:05:41.080 --> 01:05:43.080]  Yeah, could have been, doesn't cut it.
[01:05:43.080 --> 01:05:44.080]  Exactly.
[01:05:44.080 --> 01:06:00.080]  Usually, when you're talking about a CMBS, all right, with a commercial-backed property, it either is or it isn't. Maybe it's not giving out any information.
[01:06:00.080 --> 01:06:02.080]  Maybe it's a way to get you to pay them.
[01:06:02.080 --> 01:06:03.080]  Right.
[01:06:03.080 --> 01:06:10.080]  So, it's either yes or no. Right now, unfortunately, they've already sold your property. So, that's the tough part.
[01:06:10.080 --> 01:06:16.080]  Right.
[01:06:16.080 --> 01:06:24.080]  So, would it help her at this point to get a positive analysis so she could be sure?
[01:06:24.080 --> 01:06:26.080]  If it can be found, yeah.
[01:06:26.080 --> 01:06:37.080]  One, I'd have to see a copy of the note as it existed at the time of that judgment.
[01:06:37.080 --> 01:06:48.080]  So, I definitely would need to copy the note and a copy of the DOT just to even just take a look at it.
[01:06:48.080 --> 01:06:49.080]  Sure.
[01:06:49.080 --> 01:06:51.080]  A copy of that, that'd be great.
[01:06:51.080 --> 01:06:55.080]  Okay.
[01:06:55.080 --> 01:06:58.080]  Do you have Joe's email?
[01:06:58.080 --> 01:07:13.080]  You can, here's my email. You can send it to info, I-N-F-O, at mortgage, compliance, investigators.com, that's plural.
[01:07:13.080 --> 01:07:14.080]  Okay.
[01:07:14.080 --> 01:07:25.080]  And just put attention, Joe, and send me a copy of your DOT, and I'll just do a quick look up and see if I can see anything on it.
[01:07:25.080 --> 01:07:27.080]  Okay, great.
[01:07:27.080 --> 01:07:28.080]  All right.
[01:07:28.080 --> 01:07:30.080]  Okay. I'll do that right away.
[01:07:30.080 --> 01:07:32.080]  All right.
[01:07:32.080 --> 01:07:33.080]  Okay. Thank you, Sharon.
[01:07:33.080 --> 01:07:34.080]  Oh, thank you.
[01:07:34.080 --> 01:07:35.080]  Okay.
[01:07:35.080 --> 01:07:43.080]  Okay. Now, we're going to go to Kevin in Illinois.
[01:07:43.080 --> 01:07:45.080]  Hello, Mr. Polotsky.
[01:07:45.080 --> 01:07:47.080]  Hey, Randy. How are you?
[01:07:47.080 --> 01:07:49.080]  I'm doing good.
[01:07:49.080 --> 01:07:54.080]  Okay. Tell us about your hearing. Kevin went to a hearing today.
[01:07:54.080 --> 01:08:07.080]  This was one where we had to crank out a quick state's response to a state suit in Illinois.
[01:08:07.080 --> 01:08:16.080]  So, since it was a state and one that I hadn't done any work for, we kind of did the best we could.
[01:08:16.080 --> 01:08:20.080]  Now, explain what occurred, Kevin.
[01:08:20.080 --> 01:08:35.080]  Okay. Presently, well, in the past, they filed to strike our answer, and so we filed a motion of opposition to their strike.
[01:08:35.080 --> 01:08:48.080]  They asked, the attorney asked for more time, which was, they gave them like 45 days, and we appeared today in court.
[01:08:48.080 --> 01:09:07.080]  So, walk up to the bench, and the attorney immediately says, well, everything that this motion of opposition is really completely against civil procedure in Illinois,
[01:09:07.080 --> 01:09:15.080]  and that it's a bunch of California law and a bunch of federal stuff, and it doesn't pertain to anything here in Illinois.
[01:09:15.080 --> 01:09:22.080]  And then the judge stopped him and said, well, I would have to disagree with you.
[01:09:22.080 --> 01:09:34.080]  He said, I find that there's one thing that's glaring that I would like you to clarify for me, and that is your capacity.
[01:09:34.080 --> 01:09:43.080]  He said, your capacity in standing. He said, do you have anything to prove that?
[01:09:43.080 --> 01:10:03.080]  And the attorney was just standing there, kind of staring at him, and he's like, well, how about, are you meaning like an affidavit for us to be, you know, what do you need?
[01:10:03.080 --> 01:10:12.080]  You know, he was kind of like bumbling around, and then he said, we can get you, that we're the servicer, or he's like, yeah, that's kind of what I'm talking about.
[01:10:12.080 --> 01:10:14.080]  Well, yes, I would like to see that.
[01:10:14.080 --> 01:10:28.080]  And then he said, there are other things here that are in question, but I'm going to go ahead and allow this strike.
[01:10:28.080 --> 01:10:47.080]  But he's like, I want you to bring me proof, an affidavit of your agency and capacity to be able to collect on this note.
[01:10:47.080 --> 01:11:02.080]  So my question is, because Illinois, this affidavit keeps coming up where they accept the copy of a mortgage along with an affidavit in Illinois.
[01:11:02.080 --> 01:11:05.080]  They say that that is acceptable.
[01:11:05.080 --> 01:11:20.080]  And my question is, how do we get around this, or what is the definition of this affidavit, and who is the affiant who is putting their name on the line here, saying that this instrument is wanted?
[01:11:20.080 --> 01:11:35.080]  Okay, hold on, hold on, you don't have the affidavit yet, so you can't address who's putting their name on what, but an affidavit, a sworn affidavit, uncontested, stands before the court as fact.
[01:11:35.080 --> 01:11:36.080]  Correct.
[01:11:36.080 --> 01:11:41.080]  Key term there, uncontested.
[01:11:41.080 --> 01:11:55.080]  And when they're dealing with procès, they expect their affidavits to be uncontested or contested in a way that is insufficient.
[01:11:55.080 --> 01:12:07.080]  So we will look forward to their affidavit, because we will be looking forward to aggravated perjury, failure to speak with candor to the court.
[01:12:07.080 --> 01:12:11.080]  So bring on your affidavit bubba.
[01:12:11.080 --> 01:12:19.080]  Now we need you to talk to Joe and get a securitization audit.
[01:12:19.080 --> 01:12:34.080]  So when they bring in their affidavit and you see who they reference in their affidavit, then you'll bring in your securitization audit and say, well, what about this?
[01:12:34.080 --> 01:12:39.080]  So I think this is a good sign, you know, the judge did not just blow this off.
[01:12:39.080 --> 01:12:45.080]  And this is one that I kind of had to patch together as best I could.
[01:12:45.080 --> 01:12:47.080]  There's still a judicial state as well.
[01:12:47.080 --> 01:12:59.080]  So a copy of the debt instrument as it exists at the time of that summons and complaint should be available to you as well, Kevin.
[01:12:59.080 --> 01:13:04.080]  Do you have a copy of your note that's been exhibited to the court?
[01:13:04.080 --> 01:13:05.080]  Yes.
[01:13:05.080 --> 01:13:06.080]  All right.
[01:13:06.080 --> 01:13:11.080]  Well, that's what we need to attack.
[01:13:11.080 --> 01:13:12.080]  All right.
[01:13:12.080 --> 01:13:20.080]  Because your note is probably going to have an incomplete stamping on it as well.
[01:13:20.080 --> 01:13:28.080]  The party coming forth, are they the servicer?
[01:13:28.080 --> 01:13:29.080]  They are.
[01:13:29.080 --> 01:13:31.080]  They actually make that claim.
[01:13:31.080 --> 01:13:44.080]  See, before I got with Randy, I had kind of sovereign friends in that era, you know, of things.
[01:13:44.080 --> 01:13:50.080]  And they gave me a debt validation letter.
[01:13:50.080 --> 01:13:57.080]  And so I sent that debt validation letter, oh, this is almost a year now, ago to them.
[01:13:57.080 --> 01:14:02.080]  And they answered the debt validation letter with a bunch of mumbo jumbo.
[01:14:02.080 --> 01:14:09.080]  But inside the mumbo jumbo was some key things that they made statements.
[01:14:09.080 --> 01:14:24.080]  And they said that Citi Mortgage was the servicer and that CBN National was the holder.
[01:14:24.080 --> 01:14:32.080]  So they, and they were, and then when I did a little more investigative work, they are actually, they are the trust that are mine.
[01:14:32.080 --> 01:14:33.080]  The trustee.
[01:14:33.080 --> 01:14:40.080]  The trustee, I'm sorry, the trustee that my mortgage is being held in or was sold to.
[01:14:40.080 --> 01:14:42.080]  All right.
[01:14:42.080 --> 01:14:51.080]  So what your claim is, they're claiming that they have acquired the rights to enforce this foreclosure action.
[01:14:51.080 --> 01:14:55.080]  Right, because they're the, they're claiming they're the servicer, Citi Mortgage.
[01:14:55.080 --> 01:14:59.080]  And that's who is bringing the suit against me.
[01:14:59.080 --> 01:15:00.080]  Right.
[01:15:00.080 --> 01:15:11.080]  One of the things that, again, I'm going to tell everybody, when you talk about your instruments, your mortgage is a contract.
[01:15:11.080 --> 01:15:17.080]  Your tangible promissory note is a tangible instrument.
[01:15:17.080 --> 01:15:25.080]  So many people have a tendency to combine these and they talk about, I'm talking about my mortgage.
[01:15:25.080 --> 01:15:32.080]  They're associating the word mortgage with mortgage loan, mortgage loan instrument.
[01:15:32.080 --> 01:15:41.080]  And if you break them up into what you're talking about with specificity, if you're talking about the payment and tangible obligation,
[01:15:41.080 --> 01:15:50.080]  which is your promise to pay, which is what was actually sold to the trust versus the tangible promissory note,
[01:15:50.080 --> 01:16:10.080]  which probably does not have the proper endorsements needed for negotiation, transfer and delivery of this instrument pursuant to 5-3-203 and pursuant to 5-3-7501.
[01:16:10.080 --> 01:16:19.080]  There are still proper requirements of law in Illinois that were needed to be done, that were not done correctly.
[01:16:19.080 --> 01:16:20.080]  Right.
[01:16:20.080 --> 01:16:23.080]  So you've got a lot of issues that you can attack.
[01:16:23.080 --> 01:16:25.080]  Okay.
[01:16:25.080 --> 01:16:27.080]  Yeah, I think, I think it went really well.
[01:16:27.080 --> 01:16:40.080]  I mean, I was, the judge was, he's been doing his job where he's not, doesn't seem like he's going one side or the other.
[01:16:40.080 --> 01:16:44.080]  He's actually focusing more on him because I'm pro se.
[01:16:44.080 --> 01:16:45.080]  All right.
[01:16:45.080 --> 01:16:46.080]  We'll get back to you.
[01:16:46.080 --> 01:16:48.080]  We're getting ready to take a break.
[01:16:48.080 --> 01:16:52.080]  This is Joe Westbrook with Randy Kelton, Deborah Stevens, Rule of Law Radio.
[01:16:52.080 --> 01:16:56.080]  We've got a few calls left and we'll keep on going.
[01:16:56.080 --> 01:16:57.080]  Mark, we see you.
[01:16:57.080 --> 01:16:58.080]  Johnny, I see you.
[01:16:58.080 --> 01:17:26.080]  We'll be right back.
[01:17:28.080 --> 01:17:29.080]  Thank you.
[01:17:28.080 --> 01:17:29.080]  Thank you.
[01:17:29.080 --> 01:17:58.080]  Thank you.
[01:17:59.080 --> 01:18:26.080]  We'll be right back.
[01:18:26.080 --> 01:18:54.080]  Thank you.
[01:18:54.080 --> 01:19:13.080]  Thank you.
[01:19:13.080 --> 01:19:36.080]  Oh, come on.
[01:19:36.080 --> 01:19:58.080]  Oh, come on.
[01:19:58.080 --> 01:20:12.080]  Oh, come on.
[01:20:12.080 --> 01:20:13.080]  Okay.
[01:20:12.080 --> 01:20:13.080]  We are back.
[01:20:13.080 --> 01:20:21.080]  Randy Kelton, Joe Esquivel, Deborah Stevens, Rule of Law Radio, and we're talking to Kevin in Illinois.
[01:20:21.080 --> 01:20:28.080]  And Kevin, this looks good now.
[01:20:28.080 --> 01:20:29.080]  Okay.
[01:20:29.080 --> 01:20:34.080]  When we talked earlier, you said that it was going to allow him to put in the affidavit and what were they going to grant you after that?
[01:20:34.080 --> 01:20:43.080]  So I believe, so they're giving him 21 days to get this affidavit in.
[01:20:43.080 --> 01:20:55.080]  Once, and I was trying to understand this, it was, and he wrote like a chicken on this case, this order that he wrote up.
[01:20:55.080 --> 01:21:15.080]  And they were complete, they were, he was talking about, you know, that most of the things that we were talking about or in our motion was not in, according to Illinois Code or Civil Procedure.
[01:21:15.080 --> 01:21:25.080]  And they mentioned 3N and some other different things that I'm going to look up, but so they're giving him 21 days to that.
[01:21:25.080 --> 01:21:32.080]  And I believe that they're going to give, then he said, I have 28 days then to answer that.
[01:21:32.080 --> 01:21:40.080]  I didn't say amend my answer, but I think it would be that we would, we could write another motion.
[01:21:40.080 --> 01:21:45.080]  This will give us you opportunity to respond to the affidavit.
[01:21:45.080 --> 01:21:46.080]  Correct.
[01:21:46.080 --> 01:21:59.080]  And we can always write an amended pleading and request that the court, I think you get one amended pleading out of hand.
[01:21:59.080 --> 01:22:00.080]  Right.
[01:22:00.080 --> 01:22:12.080]  I'm not sure, but in any case, we can ask the court for leave to amend the pleading to correct the errors referenced in this prior hearing.
[01:22:12.080 --> 01:22:16.080]  And the court will almost certainly accept that.
[01:22:16.080 --> 01:22:22.080]  You generally write up what you want the court to accept, and then you ask them to accept it.
[01:22:22.080 --> 01:22:26.080]  And here's what we want you to accept so we can look at it.
[01:22:26.080 --> 01:22:32.080]  Not long, if we do that, you know, get it constructed right, then you'll almost always accept it.
[01:22:32.080 --> 01:22:40.080]  And if we have a securitization audit, you know, they're going to come in with an affidavit and they're going to make these statements under oath.
[01:22:40.080 --> 01:22:44.080]  And then we get to attack the affidavit.
[01:22:44.080 --> 01:22:52.080]  And the affidavit is under oath, so that goes to aggravated perjury if they're not careful.
[01:22:52.080 --> 01:22:57.080]  Okay. This is good, Kevin.
[01:22:57.080 --> 01:23:00.080]  Could you give me your email address one more time?
[01:23:00.080 --> 01:23:08.080]  It was info at mortgagecomplianceinvestigators.com.
[01:23:08.080 --> 01:23:10.080] .com. Okay.
[01:23:10.080 --> 01:23:13.080]  And you do these securitization audits?
[01:23:13.080 --> 01:23:14.080]  Yes.
[01:23:14.080 --> 01:23:22.080]  I'm a licensed private investigator, licensed for the state of Texas DPS, Department of Safety.
[01:23:22.080 --> 01:23:23.080]  All right.
[01:23:23.080 --> 01:23:24.080]  Well, I'll be emailing you.
[01:23:24.080 --> 01:23:25.080]  Thank you, guys.
[01:23:25.080 --> 01:23:26.080]  Have a great night.
[01:23:26.080 --> 01:23:27.080]  All right.
[01:23:27.080 --> 01:23:28.080]  Thank you, Kevin.
[01:23:28.080 --> 01:23:29.080]  Okay.
[01:23:29.080 --> 01:23:33.080]  Now we're going to go to Mark in Wisconsin.
[01:23:33.080 --> 01:23:37.080]  Well, thank you for taking my call this evening, Mr. Kelton.
[01:23:37.080 --> 01:23:38.080]  You are welcome.
[01:23:38.080 --> 01:23:44.080]  Sounds like you guys are going to have some fun in Texas with a bar grievance party.
[01:23:44.080 --> 01:23:46.080]  Oh, yeah.
[01:23:46.080 --> 01:23:48.080]  We're boring up here in Wisconsin.
[01:23:48.080 --> 01:23:50.080]  We can't party like that.
[01:23:50.080 --> 01:23:54.080]  Anywho.
[01:23:54.080 --> 01:23:56.080]  Get your own gig going.
[01:23:56.080 --> 01:24:01.080]  Inform your neighbors, inform your friends, inform anybody around.
[01:24:01.080 --> 01:24:08.080]  There's nothing like sending a nice Christmas gift to an attorney in the form of a grievance.
[01:24:08.080 --> 01:24:11.080]  Yeah, we're going to stuff their stockings.
[01:24:11.080 --> 01:24:13.080]  There you go.
[01:24:13.080 --> 01:24:16.080]  Special for you today.
[01:24:16.080 --> 01:24:23.080]  I think I could send a better gift by actually sending them a lawsuit and a tart.
[01:24:23.080 --> 01:24:25.080]  I'll save that for the New Year.
[01:24:25.080 --> 01:24:28.080]  That would make their life more exciting.
[01:24:28.080 --> 01:24:29.080]  Yes.
[01:24:29.080 --> 01:24:33.080]  Okay, where are you at with your issue, Mark?
[01:24:33.080 --> 01:24:40.080]  Okay, you're the one that had the guy who claimed to be a lot of stuff that he wasn't.
[01:24:40.080 --> 01:24:43.080]  He hired you to do some work and then didn't pay you?
[01:24:43.080 --> 01:24:53.080]  Yeah, and ultimately he hired a lawyer who filed paperwork, which was not with candor with the court.
[01:24:53.080 --> 01:25:00.080]  I filed the bar grievance and of course they sent back going, oh, we couldn't find anything wrong,
[01:25:00.080 --> 01:25:07.080]  including a response to discovery where I asked explicitly, admit or deny that you're the owner.
[01:25:07.080 --> 01:25:14.080]  The lawyer's response back was, we will send you an affidavit or we will send you a sworn statement
[01:25:14.080 --> 01:25:20.080]  where he will say he's not the owner if he dropped the case,
[01:25:20.080 --> 01:25:27.080]  which I believe that when you're sending back an answer to a discovery,
[01:25:27.080 --> 01:25:33.080]  only if you drop the case isn't quite kosher.
[01:25:33.080 --> 01:25:36.080]  That's kind of the way I would get it.
[01:25:36.080 --> 01:25:42.080]  We'll give you the proof you need if you drop the case so you won't need the proof.
[01:25:42.080 --> 01:25:44.080]  Yeah, yeah.
[01:25:44.080 --> 01:25:50.080]  The states said there was nothing, the states didn't, their response back on all of that was,
[01:25:50.080 --> 01:25:54.080]  we couldn't find anything wrong with this, with the bar grievance.
[01:25:54.080 --> 01:25:56.080]  Of course not because they're lawyers.
[01:25:56.080 --> 01:25:58.080]  They pull the same kind of nonsense.
[01:25:58.080 --> 01:26:00.080]  Yes, anyway.
[01:26:00.080 --> 01:26:07.080]  But their insurance company is not going to look at it that way, and that's what we care about.
[01:26:07.080 --> 01:26:09.080]  So where are you now?
[01:26:09.080 --> 01:26:19.080]  Well, I'm looking at how I can go ahead and formulate a proper lawsuit to go after the lawyer
[01:26:19.080 --> 01:26:24.080]  for having not spoken with Kander to the tribunal.
[01:26:24.080 --> 01:26:29.080]  And I went looking at the Wisconsin Rules for Professional Conduct for Attorneys,
[01:26:29.080 --> 01:26:36.080]  and I also was listening to old versions of rule of law from late last year, early this year,
[01:26:36.080 --> 01:26:43.080]  where you, Mr. Kelton, had pointed out that us proceeds tend to get wrong, our causes of action.
[01:26:43.080 --> 01:26:50.080]  So I'm trying to figure out exactly what my cause of action is for not speaking Kander to the tribunal
[01:26:50.080 --> 01:26:58.080]  with Wisconsin Rules for Professional Conduct, commentary preamble 19.
[01:26:58.080 --> 01:27:05.080]  Failure to comply with an obligation or prohibition imposed by a rule is a basis
[01:27:05.080 --> 01:27:10.080]  for invoking the disciplinary process, which is pretty much what you guys say
[01:27:10.080 --> 01:27:13.080]  any time you talk about the bar grievances.
[01:27:13.080 --> 01:27:16.080]  They do something that doesn't follow the rules, follow bar grievance.
[01:27:16.080 --> 01:27:25.080]  Here in the state of Wisconsin, they're saying failure to comply is a basis for invoking disciplinary process,
[01:27:25.080 --> 01:27:27.080]  which would be a bar grievance.
[01:27:27.080 --> 01:27:28.080]  Great.
[01:27:28.080 --> 01:27:34.080]  Twenty, though, is the problem for me, and I'll read the full block here.
[01:27:34.080 --> 01:27:42.080]  Violation of a rule should not itself give rise to a cause of action against a lawyer,
[01:27:42.080 --> 01:27:48.080]  nor should it create any presumption in such a case that a legal duty has been breached.
[01:27:48.080 --> 01:27:56.080]  In addition, violation of a rule does not necessarily warrant any other non-disciplinary remedy,
[01:27:56.080 --> 01:28:00.080]  such as disqualification of a lawyer and pending litigation.
[01:28:00.080 --> 01:28:05.080]  The rules are designed to provide guidance to lawyers and provide a structure
[01:28:05.080 --> 01:28:08.080]  for regulating conduct through disciplinary agencies.
[01:28:08.080 --> 01:28:10.080]  Here's the money shot for me.
[01:28:10.080 --> 01:28:14.080]  They are not designed to be a basis for civil liability.
[01:28:14.080 --> 01:28:18.080]  Furthermore, the purpose of the rules can be subverted when they are invoked
[01:28:18.080 --> 01:28:21.080]  by opposing parties as procedural weapons.
[01:28:21.080 --> 01:28:25.080]  The fact that a rule is just a basis for a lawyer's self-assessment
[01:28:25.080 --> 01:28:29.080]  or for sanctioning the lawyer under the administration of disciplinary authority
[01:28:29.080 --> 01:28:34.080]  does not imply that an antagonist in a collateral proceeding or transaction
[01:28:34.080 --> 01:28:38.080]  has standing to seek enforcement of the rule.
[01:28:38.080 --> 01:28:42.080]  Nevertheless, since the rules do establish conduct by lawyers,
[01:28:42.080 --> 01:28:48.080]  a lawyer's violation of the rules may be evidence of breach of the applicable standard of conduct.
[01:28:48.080 --> 01:28:58.080]  So how do I put my issue here in a frame that is actually acceptable in a lawsuit?
[01:28:58.080 --> 01:29:06.080]  Okay, the lawyer did something or failed to do something
[01:29:06.080 --> 01:29:14.080]  that was referenced by the standard as a breach of ethical conduct.
[01:29:14.080 --> 01:29:18.080]  How did that harm you?
[01:29:18.080 --> 01:29:22.080]  Well, the harm would be the long time that it...
[01:29:22.080 --> 01:29:29.080]  The first harm would be where the judge in the case said, I believe what they filed
[01:29:29.080 --> 01:29:34.080]  and then denied me due process.
[01:29:34.080 --> 01:29:36.080]  That's where I was going.
[01:29:36.080 --> 01:29:38.080]  Exactly the right words.
[01:29:38.080 --> 01:29:47.080]  His actions as an officer of the court acting under the trust granted him by the court
[01:29:47.080 --> 01:29:49.080]  had the effect of denying you due process.
[01:29:49.080 --> 01:29:53.080]  This is Randy Kelton, Derrick Stevens, Joe Esquivel,
[01:29:53.080 --> 01:29:55.080]  we will go to the radio…
[01:29:55.080 --> 01:30:00.080]  512-646-1984 will be right back.
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[01:33:01.480 --> 01:33:09.480]  You are listening to the Logos Radio Network. LogosRadioNetwork.com.
[01:33:31.480 --> 01:33:47.480]  Okay, we are back. Randy Kelton, David Stevens, Joe Esquivel. We're talking to Mark in Wisconsin.
[01:33:47.480 --> 01:33:55.480]  Okay, Mark. What you do is relatively straightforward. Always, how were you
[01:33:55.480 --> 01:34:05.480]  harmed? Due process is harm per se, meaning that you don't have to show injury.
[01:34:05.480 --> 01:34:13.480]  Your rights belong to you, and a breach of those rights is harm on its face. So just
[01:34:13.480 --> 01:34:21.480]  say he did this thing here that by the standards is designated as unethical
[01:34:21.480 --> 01:34:28.480]  conduct. And that unethical conduct caused me this harm. So you're not making your
[01:34:28.480 --> 01:34:34.480]  claim under the standard. You're making the claim under the harm that was caused
[01:34:34.480 --> 01:34:47.480]  you by the act that is indicated as wrongful by this prohibition in the standard.
[01:34:47.480 --> 01:34:57.480]  Does that make sense? Yes, yes, that does. And the per se harm is beautiful.
[01:34:57.480 --> 01:35:04.480]  To put a nice little gilding on the frame around this for the audience, the owners
[01:35:04.480 --> 01:35:09.480]  of the business, the gentleman who is saying he didn't know who the owners were,
[01:35:09.480 --> 01:35:15.480]  the actual owners of the business are stated to my face that they did not hire the
[01:35:15.480 --> 01:35:20.480]  attorneys in question. And so the only person who hired them was this general
[01:35:20.480 --> 01:35:27.480]  manager. Subsequently, the general manager who, you know, created and lied,
[01:35:27.480 --> 01:35:33.480]  and the attorney helped him lie, to use a strong set of words, was later fined.
[01:35:33.480 --> 01:35:41.480]  Sorry, Bubba, but your respondee at Superior. Yeah. And he was fired, and then
[01:35:41.480 --> 01:35:46.480]  a month later settled a different lawsuit on behalf of the corporation that he
[01:35:46.480 --> 01:35:57.480]  was fired from, using the same law firm. Unauthorized appearance. Did anybody
[01:35:57.480 --> 01:36:04.480]  tell you the truth? The closest things to the truth that I can come up with here
[01:36:04.480 --> 01:36:11.480]  are the legal troops of, okay, what affidavits were signed by these people
[01:36:11.480 --> 01:36:16.480]  and such? And there I can find he was the general manager, and the subsequent
[01:36:16.480 --> 01:36:22.480]  lawsuit in an entirely different county on a different matter showed that he
[01:36:22.480 --> 01:36:31.480]  argued that he was the secret 50% owner in a handshake deal. And so there are
[01:36:31.480 --> 01:36:38.480]  five people who are on paper owners, and his new attorney tried to argue that
[01:36:38.480 --> 01:36:43.480]  the verbal secret contract should be honored, which I believe would be in
[01:36:43.480 --> 01:36:48.480]  violation of statute of frauds, and to put forth an argument that is in
[01:36:48.480 --> 01:36:56.480]  violation of known law is only valid if you are going to attempt to change
[01:36:56.480 --> 01:37:04.480]  known law. So his new lawyer should be getting bar grievances too. Mark, I
[01:37:04.480 --> 01:37:10.480]  used to work in an office, and in this office there was a great big yellow
[01:37:10.480 --> 01:37:16.480]  blown up, it looked like a page off a legal pad, and what it was was quotes
[01:37:16.480 --> 01:37:24.480]  from well renowned attorneys, and one of these attorneys back in the 1800s said
[01:37:24.480 --> 01:37:30.480]  that a verbal contract isn't worth the paper it's written on. Yep, statute of
[01:37:30.480 --> 01:37:35.480]  fraud, if it's something important it's got to be written down, and certain
[01:37:35.480 --> 01:37:46.480]  ownership falls in that, does it not? Before the Exxon Valdez settlement, the
[01:37:46.480 --> 01:37:53.480]  prior largest settlement ever was based on a verbal contract. Really?
[01:37:53.480 --> 01:38:04.480]  Getty Oil. Getty Oil and not Exxon, one of the major oil companies, verbal
[01:38:04.480 --> 01:38:09.480]  contract and it stood, but then the contract wasn't just verbal, I mean there
[01:38:09.480 --> 01:38:15.480]  was a verbal contract, but subsequent to the verbal contract both parties took
[01:38:15.480 --> 01:38:22.480]  actions in concert with the alleged agreement. So a contract's not a contract
[01:38:22.480 --> 01:38:28.480]  until something of value changed hands, and Getty Oil agreed to let someone else
[01:38:28.480 --> 01:38:33.480]  develop their oil fields, and the other person did develop the oil fields and
[01:38:33.480 --> 01:38:40.480]  they didn't pay for it, but it sounds like $11 billion. So they can be worth
[01:38:40.480 --> 01:38:45.480]  the paper they're printed on, but generally they're not. Well, you know, if
[01:38:45.480 --> 01:38:51.480]  a bar grievance is filed, let the lawyer explain that to the committee.
[01:38:51.480 --> 01:38:57.480]  Exactly, and now you're getting it, that's exactly my point. I bring up these
[01:38:57.480 --> 01:39:01.480]  issues and people keep saying, well you can't win that, and I say, well who
[01:39:01.480 --> 01:39:09.480]  cares? I can argue it, I can make him dance and cost the money. Now a lawyer
[01:39:09.480 --> 01:39:14.480]  would dare not do that, he can get sanctioned for that, but I didn't enter
[01:39:14.480 --> 01:39:21.480]  the same contract that the lawyer did. I'm just a pro se, so I can make dumb
[01:39:21.480 --> 01:39:28.480]  arguments and lose the argument and not be sanctioned. So I don't have to know
[01:39:28.480 --> 01:39:33.480]  that I could win an argument before I can bring it up, and especially when
[01:39:33.480 --> 01:39:39.480]  you're thinking in terms of filing criminal complaints. I don't care if the
[01:39:39.480 --> 01:39:48.480]  other person gets convicted or not. I'm just filing it, you know, you think
[01:39:48.480 --> 01:39:52.480]  you're innocent, go explain it to the judge, I'm sure he'll throw this right
[01:39:52.480 --> 01:40:01.480]  out. Yuck, yuck. I'm glad you're taking them to task and we do need to move on,
[01:40:01.480 --> 01:40:06.480]  we've got more callers. Anything else for us, Mark?
[01:40:06.480 --> 01:40:12.480]  Nope, not at this point. Once I've gotten other things resolved in my life, I'll
[01:40:12.480 --> 01:40:17.480]  be looking at somebody's mortgage and I'll have questions along those lines,
[01:40:17.480 --> 01:40:20.480]  and thank you for your time.
[01:40:20.480 --> 01:40:25.480]  Alright, thank you Mark. Okay, now we're going to go to Johnny in Texas.
[01:40:25.480 --> 01:40:26.480]  Hey Randy.
[01:40:26.480 --> 01:40:31.480]  Hello Mr. Johnny, what have you been doing lately? You've kind of dropped off
[01:40:31.480 --> 01:40:32.480]  the mat.
[01:40:32.480 --> 01:40:39.480]  Oh, I have been busy fighting pirates. I feel like I'm on the coast guard
[01:40:39.480 --> 01:40:43.480]  fighting a bunch of Somalian pirates in the courts.
[01:40:43.480 --> 01:40:44.480]  Swashbuckler.
[01:40:44.480 --> 01:40:51.480]  Yeah, pretty much. My question, well first let me tell you what happened. My
[01:40:51.480 --> 01:40:59.480]  federal lawsuit was dismissed with prejudice, and the dismissal was just
[01:40:59.480 --> 01:41:05.480]  completely ridiculous. I can get into that if you want me to. But my question
[01:41:05.480 --> 01:41:13.480]  is, okay in Texas, when a forcible entry and detainer action is filed and the
[01:41:13.480 --> 01:41:23.480]  defendant brings a suit in district court that challenges title, the eviction
[01:41:23.480 --> 01:41:29.480]  court is without jurisdiction to proceed until the title issues are adjudicated.
[01:41:29.480 --> 01:41:37.480]  Does that still hold true in a case like mine where I filed a student district
[01:41:37.480 --> 01:41:42.480]  court challenging title, and the defendant removed the case to federal
[01:41:42.480 --> 01:41:48.480]  court, and then the federal court dismissed with prejudice, and then I take
[01:41:48.480 --> 01:41:54.480]  the federal case on appeal. During the pendency of that appeal, does it still
[01:41:54.480 --> 01:41:58.480]  hold true that the eviction court is without jurisdiction because there is a
[01:41:58.480 --> 01:42:01.480]  case pending challenging title?
[01:42:01.480 --> 01:42:08.480]  The case on challenging title, there is no final adjudication yet.
[01:42:08.480 --> 01:42:13.480]  Well, it was just, what happened is they granted a 26th motion to dismiss.
[01:42:13.480 --> 01:42:18.480]  Okay, well they just dismissed it, but you appealed it, so the dismissal is not
[01:42:18.480 --> 01:42:21.480]  final until your appeals are exhausted.
[01:42:21.480 --> 01:42:26.480]  Okay, so as far as the eviction court is concerned or should be concerned?
[01:42:26.480 --> 01:42:33.480]  Yeah, the case is still open. And do you have some good case law on the issue
[01:42:33.480 --> 01:42:41.480]  of no jurisdiction for the JP court when there is a title issue?
[01:42:41.480 --> 01:42:45.480]  Oh, I do. I filed the most into that effect, actually.
[01:42:45.480 --> 01:42:48.480]  Okay, can you send me that?
[01:42:48.480 --> 01:42:49.480]  Absolutely.
[01:42:49.480 --> 01:42:57.480]  I was planning on doing so, practicing and honing my plagiarization skills.
[01:42:57.480 --> 01:43:01.480]  Yeah, I actually, if you recall, I know you've dealt with a lot, but I got the
[01:43:01.480 --> 01:43:07.480]  temporary restraining order, which put the brakes on the eviction proceeding.
[01:43:07.480 --> 01:43:12.480]  I seem to remember you're doing a bunch of research in that area.
[01:43:12.480 --> 01:43:23.480]  I just filed a challenge subject matter jurisdiction in a JP court in Mansfield,
[01:43:23.480 --> 01:43:27.480]  and the judge never even looked at the pleading, he just dismissed it out of
[01:43:27.480 --> 01:43:34.480]  hand. So as soon as he denied the petition, I said, then I'm done here, and
[01:43:34.480 --> 01:43:39.480]  closed my folder, got up and walked out and told the baby to come with me.
[01:43:39.480 --> 01:43:42.480]  Started piting against the judge. I want to make sure I've got good grounds
[01:43:42.480 --> 01:43:46.480]  and got the case law, because we're going to hammer this guy. Hang on, John,
[01:43:46.480 --> 01:43:51.480]  we'll be right back. This is Randy Kelton, Joe Esquivel, Deborah Stevens,
[01:43:51.480 --> 01:43:57.480]  Rue de la Radio. We're going into our last segment, so we'll probably finish up
[01:43:57.480 --> 01:44:00.480]  with John tonight. We'll be right back.
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[01:46:24.480 --> 01:46:31.480]  Okay, we are back. Randy Kelton, Debra Stevens, Joe Esquivel, Rule of Law Radio,
[01:46:31.480 --> 01:46:39.480]  and we're talking to Johnny in Texas. Okay, Johnny, your case was, when it was
[01:46:39.480 --> 01:46:46.480]  removed, I take it it went before Judge McBride? No, it actually went before a
[01:46:46.480 --> 01:46:51.480]  judge who, he's actually in Lubbock. I've never seen him. All the filings have
[01:46:51.480 --> 01:46:55.480]  been done electronically, and out of everything that's been filed, the only
[01:46:55.480 --> 01:47:05.480]  thing the judge has ruled on is the motion to dismiss. Okay, is this a suit
[01:47:05.480 --> 01:47:13.480]  that only had the standing issue in it? No, no. This had everything about the deed
[01:47:13.480 --> 01:47:17.480]  of trust being null and void from the beginning, never creating any kind of
[01:47:17.480 --> 01:47:26.480]  trust. It went into the perjury in the assignments and the appointments. It went
[01:47:26.480 --> 01:47:31.480]  into the fact that all these documents that were reported to be notarized were
[01:47:31.480 --> 01:47:37.480]  never notarized, and I presented the notary ledgers in support of that. It went
[01:47:37.480 --> 01:47:42.480]  into agency standing and capacity on the parts of all the signatories for all the
[01:47:42.480 --> 01:47:50.480]  various documents and everything. What's interesting is the judge in his
[01:47:50.480 --> 01:47:56.480]  so-called reasoning in his order for dismissal, basically what he did is he
[01:47:56.480 --> 01:48:00.480]  read my, well he didn't read my suit, he skimmed over my suit, and he saw the
[01:48:00.480 --> 01:48:05.480]  word MERS in there, and he assumed that it was a show-me-the-note suit, which my
[01:48:05.480 --> 01:48:10.480]  suit is absolutely nothing like those show-me-the-note suits, but that's what
[01:48:10.480 --> 01:48:14.480]  he called it, and he said this court has routinely rejected that, you know, the
[01:48:14.480 --> 01:48:18.480]  show-me-the-note suit, blah, blah, blah. And then he started talking about, you
[01:48:18.480 --> 01:48:23.480]  know, plainest arguments about this and that are without merit, and he's
[01:48:23.480 --> 01:48:27.480]  referring to arguments that I never made. It's almost as if he was referring to
[01:48:27.480 --> 01:48:34.480]  somebody else's suit on a lot of it. Did you file a motion for reconsideration?
[01:48:34.480 --> 01:48:41.480]  Not yet, I just, this just happened. Oh good, then motion for reconsideration,
[01:48:41.480 --> 01:48:50.480]  and presume that this response was accidentally sent to the wrong case
[01:48:50.480 --> 01:48:58.480]  number, as clearly whoever wrote this response never read my suit.
[01:48:58.480 --> 01:49:09.480]  I'm going to tactfully articulate the judicial incompetence without using that
[01:49:09.480 --> 01:49:13.480]  actual phrase. I may actually use the phrase, I don't know.
[01:49:13.480 --> 01:49:23.480]  I want to give one to Judge McBride, ask him to disqualify himself for gross
[01:49:23.480 --> 01:49:29.480]  incompetence by middle infirmity or gross pro se bias.
[01:49:29.480 --> 01:49:35.480]  I remember that. Did you really state that?
[01:49:35.480 --> 01:49:40.480]  Yes, I did. I bet you got a Christmas card from him that year too, didn't you?
[01:49:40.480 --> 01:49:48.480]  Well, it was Chris's brother's seat. Oh, that was so much fun.
[01:49:48.480 --> 01:49:53.480]  What's funny about the dismissal is there are several pleadings that were filed
[01:49:53.480 --> 01:49:58.480]  by opposing counsel that did not comply with the local rules of procedure.
[01:49:58.480 --> 01:50:02.480]  And I raised that with the court and the court just pretty much ignored it.
[01:50:02.480 --> 01:50:06.480]  And then in the dismissal order, the judge said that I had failed to follow
[01:50:06.480 --> 01:50:10.480]  and then he listed out multiple local rules of procedure.
[01:50:10.480 --> 01:50:14.480]  I went and looked them up and every single one of them had been repealed.
[01:50:14.480 --> 01:50:20.480]  Judicial misconduct? Judicial infirmity.
[01:50:20.480 --> 01:50:25.480]  Oh, he's an idiot. Can I use that word in the pleading, idiot?
[01:50:25.480 --> 01:50:31.480]  I don't know if you can use idiot. What about buffoon?
[01:50:31.480 --> 01:50:37.480]  Buffoon, that has a ring to it. Yeah, it does.
[01:50:37.480 --> 01:50:40.480]  Educationally challenged? Educationally challenged, yes.
[01:50:40.480 --> 01:50:46.480]  You call a high class idiot a buffoon.
[01:50:46.480 --> 01:50:50.480]  That fits. You know, I accused him of mental infirmity
[01:50:50.480 --> 01:50:56.480]  because you have to assume that either he didn't read the pleading
[01:50:56.480 --> 01:51:02.480]  or he's mentally infirm and unable to understand what he's reading.
[01:51:02.480 --> 01:51:07.480]  Yeah, well, in one fraction of my suit, a tiny fraction,
[01:51:07.480 --> 01:51:11.480]  like one out of many issues that were raised in my suit
[01:51:11.480 --> 01:51:14.480]  was that the foreclosure process was invalid
[01:51:14.480 --> 01:51:17.480]  because they didn't send me any of the notices that they require,
[01:51:17.480 --> 01:51:21.480]  that they are required to send and file on the public record
[01:51:21.480 --> 01:51:23.480]  pursuant to the Texas property code.
[01:51:23.480 --> 01:51:24.480]  They basically didn't do anything.
[01:51:24.480 --> 01:51:28.480]  They didn't jump through any of the hoops that they were supposed to jump through,
[01:51:28.480 --> 01:51:31.480]  that are set forth in the property code before they can actually foreclose.
[01:51:31.480 --> 01:51:34.480]  So that's just one of many issues that I raised.
[01:51:34.480 --> 01:51:37.480]  And for some reason, he latched onto that one issue
[01:51:37.480 --> 01:51:41.480]  and ignored everything else in the suit.
[01:51:41.480 --> 01:51:46.480]  Charging with sedition.
[01:51:46.480 --> 01:51:50.480]  Well, actually, I am doing that because my suit,
[01:51:50.480 --> 01:51:57.480]  I was very conscious of making sure that my suit only raised issues of state law
[01:51:57.480 --> 01:52:00.480]  and state case law and state rules of procedure.
[01:52:00.480 --> 01:52:05.480]  I very intentionally did not bring any federal issues into it.
[01:52:05.480 --> 01:52:10.480]  When you can file a challenge to subject matter jurisdiction.
[01:52:10.480 --> 01:52:13.480]  Well, they removed it under diversity, and I fought that.
[01:52:13.480 --> 01:52:16.480]  I filed a motion to remand, which was never ruled on,
[01:52:16.480 --> 01:52:19.480]  but the judge just ran forward anyway.
[01:52:19.480 --> 01:52:23.480]  But the thing is, there's a lot of federal case law
[01:52:23.480 --> 01:52:27.480]  that is at odds with state case law precedents.
[01:52:27.480 --> 01:52:31.480]  For example, under federal case law,
[01:52:31.480 --> 01:52:36.480]  a debtor has to prove that he has standing to challenge an assignment
[01:52:36.480 --> 01:52:38.480]  or a chain of assignments.
[01:52:38.480 --> 01:52:44.480]  And under Texas case law, a debtor has standing automatically to challenge.
[01:52:44.480 --> 01:52:46.480]  No, okay, you've got to understand.
[01:52:46.480 --> 01:52:48.480]  This was a state case.
[01:52:48.480 --> 01:52:50.480]  You moved to the federal.
[01:52:50.480 --> 01:52:51.480]  Yes.
[01:52:51.480 --> 01:52:55.480]  So the state law moves to the federal.
[01:52:55.480 --> 01:53:00.480]  Right. And what they're doing is for every state argument that I made,
[01:53:00.480 --> 01:53:05.480]  they're saying, oh, this federal case law says something to the contrary.
[01:53:05.480 --> 01:53:08.480]  So at every point along the way, he is attempting,
[01:53:08.480 --> 01:53:12.480]  which I consider it a federal incursion, federalism.
[01:53:12.480 --> 01:53:15.480]  Basically what he's trying to do is use federal case law
[01:53:15.480 --> 01:53:18.480]  to trample state case law precedents,
[01:53:18.480 --> 01:53:21.480]  and he's done it at every step along the way.
[01:53:21.480 --> 01:53:25.480]  Johnny, are you familiar with Miller v. Homecomings?
[01:53:25.480 --> 01:53:27.480]  Yeah, I'm reading it right now, actually.
[01:53:27.480 --> 01:53:29.480]  Okay. Yeah.
[01:53:29.480 --> 01:53:34.480]  That's a good case that sets precedents that you as a homeowner
[01:53:34.480 --> 01:53:38.480]  have every right in the world to challenge assignments
[01:53:38.480 --> 01:53:40.480]  or anything in securitization.
[01:53:40.480 --> 01:53:46.480]  Now, you said that this alleged judge saw the word MERS,
[01:53:46.480 --> 01:53:49.480]  and it was pretty much all over for him.
[01:53:49.480 --> 01:53:57.480]  A judge is supposed to divulge all of his financial interests.
[01:53:57.480 --> 01:54:02.480]  I wonder if this judge has any rental property,
[01:54:02.480 --> 01:54:05.480]  any other deeds of trust in his name
[01:54:05.480 --> 01:54:11.480]  in where MERS is on the recorded deed of trust.
[01:54:11.480 --> 01:54:14.480]  That would be a conflict of interest.
[01:54:14.480 --> 01:54:21.480]  He's trying to protect his personal assets by getting rid of your case.
[01:54:21.480 --> 01:54:26.480]  Interesting. Yeah, I'll definitely look at that aspect of it.
[01:54:26.480 --> 01:54:28.480]  You said he was out of Lubbock, right?
[01:54:28.480 --> 01:54:30.480]  Yeah.
[01:54:30.480 --> 01:54:32.480]  Well, you know where to look.
[01:54:32.480 --> 01:54:35.480]  County Assessors, property address.
[01:54:35.480 --> 01:54:36.480]  Yeah.
[01:54:36.480 --> 01:54:41.480]  Then go to documents filed of record,
[01:54:41.480 --> 01:54:44.480]  and then you could look at a DOT.
[01:54:44.480 --> 01:54:49.480]  Any deed of trust in his name or find his wife's name if you can,
[01:54:49.480 --> 01:54:52.480]  because he may have all of his personal assets in his wife's name.
[01:54:52.480 --> 01:54:56.480]  Right, but all you can do, you can search the County Assessor's Office by property address.
[01:54:56.480 --> 01:54:57.480]  Correct.
[01:54:57.480 --> 01:55:02.480]  Not that I would know, but I have an assumption.
[01:55:02.480 --> 01:55:03.480]  Yeah.
[01:55:03.480 --> 01:55:05.480]  Someplace I would think of looking.
[01:55:05.480 --> 01:55:09.480]  Well, I'm going to be heading down to that nick of the woods in a couple of weeks,
[01:55:09.480 --> 01:55:14.480]  so I may just stop by the County Recorder's Office while I'm there and spend the day just going through records
[01:55:14.480 --> 01:55:15.480]  and see what I can find.
[01:55:15.480 --> 01:55:18.480]  Do some sightseeing on their computer database?
[01:55:18.480 --> 01:55:19.480]  Yeah.
[01:55:19.480 --> 01:55:22.480]  There you go.
[01:55:22.480 --> 01:55:25.480]  So yeah, that's where I am right now.
[01:55:25.480 --> 01:55:29.480]  And Randy, I'll send you the dismissal.
[01:55:29.480 --> 01:55:35.480]  What I'm doing right now is going through it and annotating everything that's wrong about it
[01:55:35.480 --> 01:55:39.480]  so that I can tag it as a point of error to raise on the appeal.
[01:55:39.480 --> 01:55:42.480]  You'll probably get a kick out of some of the stuff that's in it.
[01:55:42.480 --> 01:55:52.480]  But I will also send you my criminal complaint that I filed against the JP judge
[01:55:52.480 --> 01:55:56.480]  for the exact same thing that you decided a few minutes ago,
[01:55:56.480 --> 01:55:58.480]  which is putting in a challenge to subject matter jurisdiction,
[01:55:58.480 --> 01:56:01.480]  and the judge did not even pick it up and look at it.
[01:56:01.480 --> 01:56:06.480]  It has some really good, it has a good collection of statutes and case law
[01:56:06.480 --> 01:56:10.480]  that go to why that's wrong and how wrong it is.
[01:56:10.480 --> 01:56:11.480]  Wonderful.
[01:56:11.480 --> 01:56:15.480]  What judge was this year before?
[01:56:15.480 --> 01:56:17.480]  What, the JP judge of the Fed?
[01:56:17.480 --> 01:56:20.480]  JP.
[01:56:20.480 --> 01:56:25.480]  That was Casey.
[01:56:25.480 --> 01:56:26.480]  Casey, okay.
[01:56:26.480 --> 01:56:30.480]  I haven't been before this one yet, but I'll probably get there.
[01:56:30.480 --> 01:56:31.480]  Okay, so wonderful, wonderful.
[01:56:31.480 --> 01:56:35.480]  I've gone court watching in his court quite a bit, and he is a Class A jerk, man.
[01:56:35.480 --> 01:56:36.480]  I mean, not just to me.
[01:56:36.480 --> 01:56:39.480]  I've watched him for a couple of years now.
[01:56:39.480 --> 01:56:45.480]  But I also have a motion per se that I filed in the county court on the appeal
[01:56:45.480 --> 01:56:52.480]  that basically makes the case that, no, actually it was a motion to dismiss
[01:56:52.480 --> 01:56:57.480]  based on the fact that I have a suit pending that challenges title in another court.
[01:56:57.480 --> 01:57:02.480]  And there's a good collection of case law in that document to support that as well.
[01:57:02.480 --> 01:57:04.480]  So I'll send that to you.
[01:57:04.480 --> 01:57:05.480]  Good.
[01:57:05.480 --> 01:57:08.480]  I'll Skype it to you as soon as the show is over.
[01:57:08.480 --> 01:57:10.480]  Okay, good, good.
[01:57:10.480 --> 01:57:12.480]  We are setting these guys up.
[01:57:12.480 --> 01:57:21.480]  We're going to work them over, and I will send you the trespass to trial title suit.
[01:57:21.480 --> 01:57:22.480]  Okay.
[01:57:22.480 --> 01:57:23.480]  I've changed it around.
[01:57:23.480 --> 01:57:25.480]  It's much different than it was.
[01:57:25.480 --> 01:57:26.480]  Okay.
[01:57:26.480 --> 01:57:28.480]  Did you copy that as well, Randy?
[01:57:28.480 --> 01:57:29.480]  Yes, yes.
[01:57:29.480 --> 01:57:32.480]  I've crafted it into three different documents.
[01:57:32.480 --> 01:57:38.480]  The suit itself, which merely makes the claims, and then a statement of facts
[01:57:38.480 --> 01:57:45.480]  in a separate document, and a statement of factual accusation in a third document.
[01:57:45.480 --> 01:57:50.480]  Essentially, that's points and authorities, memorandum of points and authorities.
[01:57:50.480 --> 01:57:55.480]  So the suit this way is really relatively small.
[01:57:55.480 --> 01:58:00.480]  We're filing the suit first, waiting for them to answer it,
[01:58:00.480 --> 01:58:04.480]  and then we bring in the statement of facts and statement of factual accusation
[01:58:04.480 --> 01:58:09.480]  to rebut their motion to dismiss.
[01:58:09.480 --> 01:58:10.480]  Interesting.
[01:58:10.480 --> 01:58:11.480]  Yeah, I'd like to see that.
[01:58:11.480 --> 01:58:13.480]  Definitely.
[01:58:13.480 --> 01:58:14.480]  Kind of doing it.
[01:58:14.480 --> 01:58:18.480]  We're kind of setting them up for them to throw all their stuff in the basket,
[01:58:18.480 --> 01:58:22.480]  and we get to look at it before we put ours in.
[01:58:22.480 --> 01:58:26.480]  That's a cheese and mousetrap suit.
[01:58:26.480 --> 01:58:28.480]  That's kind of what it is.
[01:58:28.480 --> 01:58:30.480]  Okay, thank you, Johnny.
[01:58:30.480 --> 01:58:35.480]  This is Randy Kelton and Deborah Stevens, Joe Esquivel,
[01:58:35.480 --> 01:58:36.480]  here with Law Radio.
[01:58:36.480 --> 01:58:38.480]  We'll be back next week.
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