ROL_2013-12-13_16k_Hr3-4.timecode

[00:00.000 --> 00:07.000]  This is the Liberty Beat, your daily source for Liberty news and activist updates.
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[00:09.000 --> 00:14.000]  I'm Brian Hagan with your Liberty Beat for Friday, December 13, 2013.
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[00:48.000 --> 00:52.000]  In the news, an American man who disappeared more than six years ago in Iran
[00:52.000 --> 00:54.000]  had been working for the CIA.
[00:54.000 --> 00:58.000]  The Washington Times reports, retired FBI agent Robert Levinson
[00:58.000 --> 01:02.000]  was involved in a rogue operation that led to a major CIA shakeup.
[01:02.000 --> 01:06.000]  After he vanished, CIA officials told Congress and closed door hearings,
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[01:20.000 --> 01:25.000]  Thursday evening, the White House said President Obama is concerned with media protests
[01:25.000 --> 01:28.000]  regarding limited press access to events.
[01:28.000 --> 01:32.000]  In the past couple of weeks, a number of organizations said press secretary Jay Carney
[01:32.000 --> 01:37.000]  a letter protesting what they say amounted to nothing more than government propaganda
[01:37.000 --> 01:44.000]  in the form of pre-approved images taken by the White House staff.
[01:44.000 --> 01:48.000]  A middle school student in Virginia is suspended for playfully pretending to shoot an arrow
[01:48.000 --> 01:50.000]  at a fellow student.
[01:50.000 --> 01:54.000]  Along with the suspension, the district has threatened expulsion under the school's weapons policy.
[01:54.000 --> 01:56.000]  The arrow was imaginary.
[01:56.000 --> 02:01.000]  The Virginia-based civil liberties organization, the Rutherford Institute, has stepped in.
[02:01.000 --> 02:05.000]  According to Fox 43, the superintendent has been asked to rescind the suspension
[02:05.000 --> 02:10.000]  and remove all references to the incident from the 10-year-old boy's permanent school record.
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[02:53.000 --> 02:56.000]  This is the Liberty Beat for Friday, December 13th.
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[03:16.000 --> 03:40.000]  Okay, we are back. Randy Felton, Deb Stevens.
[03:40.000 --> 03:43.000]  We were on our radio and we're talking to Doug in Indiana.
[03:43.000 --> 03:46.000]  And Doug, you have a real good case.
[03:46.000 --> 03:55.000]  If you will look up the Office of the Comptroller of the Currency stipulations.
[03:55.000 --> 04:00.000]  All the major banks made stipulations to the Office of the Comptroller of the Currency
[04:00.000 --> 04:07.000]  in an agreement over an investigation the OCC did.
[04:07.000 --> 04:14.000]  And then there's another document, I'll have to look it up, that addresses remedies
[04:14.000 --> 04:17.000]  for certain foreclosure actions.
[04:17.000 --> 04:21.000]  And if you'll send me an email, I'll look that document up and send it to you.
[04:21.000 --> 04:30.000]  But it's an agreement of how to adjudicate improper acts during foreclosure.
[04:30.000 --> 04:40.000]  The very first one that references is the Sailors and Soldiers Act,
[04:40.000 --> 04:43.000]  a foreclosure while someone's in the military.
[04:43.000 --> 04:48.000]  And if there was a foreclosure while you're in the military
[04:48.000 --> 04:54.000]  and you cannot rescind the foreclosure and over this period of time you won't be able to,
[04:54.000 --> 05:02.000]  then the foreclosing agent is penalized $125,000.
[05:02.000 --> 05:09.000]  And that's a penalty that does not go to any of your harm.
[05:09.000 --> 05:11.000]  That's separate.
[05:11.000 --> 05:14.000]  A penalty as opposed to a fine or a fee.
[05:14.000 --> 05:18.000]  A fine or a fee would go to the agency who issued the fine or fee.
[05:18.000 --> 05:21.000]  A penalty goes to the aggrieved party.
[05:21.000 --> 05:26.000]  You could collect that penalty and then sue them for their wrongful foreclosure,
[05:26.000 --> 05:29.000]  for the value of the property.
[05:29.000 --> 05:35.000]  You can sue the person who purchased it if there's problems in the documentation.
[05:35.000 --> 05:40.000]  That's why it's so important to get the documents that are in the county record
[05:40.000 --> 05:43.000]  and go over them very carefully.
[05:43.000 --> 05:48.000]  And you said that was a separate part of the judgment to correct deed?
[05:48.000 --> 05:49.000]  Correct.
[05:49.000 --> 05:51.000]  Public records.
[05:51.000 --> 05:53.000]  Public records, okay.
[05:53.000 --> 05:57.000]  Yeah, this is a petition for declaratory judgment.
[05:57.000 --> 06:03.000]  You do not ask for any damages.
[06:03.000 --> 06:09.000]  You only ask the court to correct the record.
[06:09.000 --> 06:14.000]  And so your position before the court is you just need the record corrected.
[06:14.000 --> 06:21.000]  You're not coming for any harm and do not let the judge give any ruling other than
[06:21.000 --> 06:30.000]  the sufficiency of the document as compared to the statutory filing requirements.
[06:30.000 --> 06:32.000]  That's all.
[06:32.000 --> 06:38.000]  You start with the mortgage and then you go to any assignments or appointments
[06:38.000 --> 06:39.000]  that are in the record.
[06:39.000 --> 06:41.000]  Take each document separate.
[06:41.000 --> 06:50.000]  If you can get one of them tossed, the whole foreclosure falls apart.
[06:50.000 --> 06:54.000]  And here's the problem the purchaser has.
[06:54.000 --> 06:58.000]  When people go down to a foreclosure auction, they are warned.
[06:58.000 --> 07:05.000]  When you purchase at a foreclosure auction, you purchase at your peril.
[07:05.000 --> 07:14.000]  Because under the Federal Trade Commission holder rule, a borrower in a consumer
[07:14.000 --> 07:20.000]  transaction may make a claim against the holder.
[07:20.000 --> 07:26.000]  And the holder cannot be a holder in due course.
[07:26.000 --> 07:32.000]  If I write you a check and you have no reason to believe there's anything wrong
[07:32.000 --> 07:36.000]  with that check and you accept that check in good faith, you are a holder in
[07:36.000 --> 07:37.000]  due course.
[07:37.000 --> 07:41.000]  If you cash that check and it bounces, they may take the money out of your
[07:41.000 --> 07:46.000]  account, but they're not going to charge you criminally because you're not
[07:46.000 --> 07:51.000]  responsible for any fraud in the creation of the document.
[07:51.000 --> 07:53.000]  You're a holder in due course.
[07:53.000 --> 08:02.000]  In the matter of a consumer transaction, there can be no holder in due course.
[08:02.000 --> 08:07.000]  Any successor assigned is subject to any claim the borrower would have against
[08:07.000 --> 08:09.000]  the lender.
[08:09.000 --> 08:15.000]  So the purchaser at foreclosure is a successor.
[08:15.000 --> 08:24.000]  And if the issue you bring before the court, you bring the issue based on facts
[08:24.000 --> 08:31.000]  derived from the public record, the purchaser of the property has knowledge
[08:31.000 --> 08:34.000]  of those errors.
[08:34.000 --> 08:41.000]  He either has direct knowledge or he has imputed knowledge and he cannot claim
[08:41.000 --> 08:45.000]  that he did not know because it was in the public record.
[08:45.000 --> 08:50.000]  So that is so important, first place to go.
[08:50.000 --> 08:56.000]  If you can show that the document from an examination of the four corners of
[08:56.000 --> 09:03.000]  the document, if it is clear that this document is improperly filed, then the
[09:03.000 --> 09:08.000]  buyer is subject to that decision and he has a problem.
[09:08.000 --> 09:14.000]  You go in and sue the purchaser for, in Indiana, I don't know if they have
[09:14.000 --> 09:15.000]  conversion.
[09:15.000 --> 09:16.000]  We used to have that in Texas.
[09:16.000 --> 09:22.000]  And they turned conversion into a crime and now we have a fraudulent, Chapter
[09:22.000 --> 09:25.000]  24, the Civil Remedies Code.
[09:25.000 --> 09:28.000]  Joe, what was the name of that?
[09:28.000 --> 09:38.000]  I'm sorry, the Civil Practice and Remedies Code 134.
[09:38.000 --> 09:42.000]  We have criminal conversion in Indiana.
[09:42.000 --> 09:46.000]  Okay, if you have conversion, then you accuse them of conversion.
[09:46.000 --> 09:53.000]  And they're going to jump up and down and rail in righteous indignation and you
[09:53.000 --> 09:56.000]  tell them, sorry, Bubba, life is tough.
[09:56.000 --> 10:00.000]  If you have a problem, go back to the guy you bought the property from.
[10:00.000 --> 10:01.000]  Yeah.
[10:01.000 --> 10:05.000]  Then they'll go back and sue the banks and then you go back to them and say,
[10:05.000 --> 10:13.000]  guys, let's make a deal after they pay you the $125,000 for their wrongful
[10:13.000 --> 10:18.000]  foreclosure while you're in the military.
[10:18.000 --> 10:20.000]  That one's pretty well dead bad.
[10:20.000 --> 10:21.000]  Yeah.
[10:21.000 --> 10:26.000]  There was a lot of those that occurred.
[10:26.000 --> 10:33.000]  If you want more information, send me an email, Randy at RuleOfLawRadio.com
[10:33.000 --> 10:39.000]  and I will direct you to more information on how to go about this.
[10:39.000 --> 10:40.000]  Okay.
[10:40.000 --> 10:44.000]  Okay, do you have any other questions now?
[10:44.000 --> 10:51.000]  This is really complex, I could spend eight hours on this one issue.
[10:51.000 --> 10:57.000]  There's a lot of things that should be in the record that aren't in the record.
[10:57.000 --> 11:01.000]  There's things that they should have filed but they didn't.
[11:01.000 --> 11:09.000]  Okay, that is just as valuable for you, if not more so, than what is in the record.
[11:09.000 --> 11:15.000]  One of the things I do is an exhaustive evaluation of the record.
[11:15.000 --> 11:22.000]  If you will go down to the clerk and tell the clerk that, you know,
[11:22.000 --> 11:28.000]  you're an old combat veteran and you're computer intolerant.
[11:28.000 --> 11:29.000]  Yeah.
[11:29.000 --> 11:33.000]  Don't know anything about these new fine computers.
[11:33.000 --> 11:42.000]  Can you do a search on this property and give me a list of everything you find?
[11:42.000 --> 11:47.000]  If you're studying law, you should understand where this goes.
[11:47.000 --> 11:52.000]  I am looking in the public record.
[11:52.000 --> 11:58.000]  I do not want to find anything that the clerk doesn't find.
[11:58.000 --> 12:04.000]  Because if the clerk can't find it, it's not in the public record.
[12:04.000 --> 12:05.000]  That's right.
[12:05.000 --> 12:09.000]  Now, it may be in those records but it's not public.
[12:09.000 --> 12:10.000]  Yeah.
[12:10.000 --> 12:12.000]  Because I can't find it.
[12:12.000 --> 12:18.000]  I have a friend, got a loan, owned the property before he got married.
[12:18.000 --> 12:22.000]  They made his wife sign the deed of trust.
[12:22.000 --> 12:27.000]  The bank filed the lien in his wife's name.
[12:27.000 --> 12:28.000]  I sell him a business.
[12:28.000 --> 12:31.000]  He wants me to take a lien against the property.
[12:31.000 --> 12:32.000]  I go down.
[12:32.000 --> 12:33.000]  I look in the record.
[12:33.000 --> 12:36.000]  I don't find a lien against the property.
[12:36.000 --> 12:39.000]  I take out a mechanics lien.
[12:39.000 --> 12:43.000]  Now, they're trying to foreclose and when I go into court and object to it,
[12:43.000 --> 12:46.000]  they're going to say, well, we filed it.
[12:46.000 --> 12:51.000]  So I looked in the record and I didn't see it.
[12:51.000 --> 12:54.000]  Well, the clerk filed it in the wrong place.
[12:54.000 --> 12:58.000]  Your problem, not my problem.
[12:58.000 --> 13:03.000]  I get to trust what I see in the public record.
[13:03.000 --> 13:10.000]  And if the clerk who files the documents can't find it, it's not there.
[13:10.000 --> 13:11.000]  It's not there.
[13:11.000 --> 13:16.000]  Even if it is in there, the judge can't see it.
[13:16.000 --> 13:22.000]  So you only want to find what the clerk finds.
[13:22.000 --> 13:26.000]  And then get a copy of each one of those documents, send them to me.
[13:26.000 --> 13:30.000]  I'll give you a basic evaluation of what you've got beyond this.
[13:30.000 --> 13:34.000]  The fact that you were in the service is almost dead bank.
[13:34.000 --> 13:39.000]  Yeah, because the courts around here have a bad habit of pulling paperwork
[13:39.000 --> 13:42.000]  out of the dark and saying, well, here it is.
[13:42.000 --> 13:51.000]  Yeah, you go, okay, that's why I mentioned the statute 1301.
[13:51.000 --> 13:56.000]  If it's not properly filed in the public record,
[13:56.000 --> 14:00.000]  they can pull that out of their behinds all they want to.
[14:00.000 --> 14:03.000]  It don't mean anything.
[14:03.000 --> 14:05.000]  And that's what that statute says.
[14:05.000 --> 14:08.000]  In Indiana, you're going to have one that matches it.
[14:08.000 --> 14:12.000]  Otherwise, the public record would be worthless.
[14:12.000 --> 14:19.000]  Nobody would come to Indiana and buy property if they can't trust the claims
[14:19.000 --> 14:24.000]  that are filed in the court record.
[14:24.000 --> 14:26.000]  So you'll have that.
[14:26.000 --> 14:28.000]  So you've got a really good case.
[14:28.000 --> 14:32.000]  And contact me offline.
[14:32.000 --> 14:35.000]  It's way too complex to do here on the air.
[14:35.000 --> 14:37.000]  There's so much there.
[14:37.000 --> 14:39.000]  But I'll give you an idea of the kind of claims you can make.
[14:39.000 --> 14:44.000]  And the first thing you need to do is make up a tort letter.
[14:44.000 --> 14:48.000]  You put in all of this dirty, rotten, nasty stuff they've done to you,
[14:48.000 --> 14:52.000]  and you indicate how bad you've suffered, the cost of this foreclosure,
[14:52.000 --> 14:54.000]  the loss of your home,
[14:54.000 --> 14:57.000]  and all this money you had to spend to live somewhere else
[14:57.000 --> 15:00.000]  after they stole your property, blah, blah, blah.
[15:00.000 --> 15:03.000]  Yeah, plus the fact my grandfather built a house
[15:03.000 --> 15:06.000]  and has been in our family since 1953.
[15:06.000 --> 15:10.000]  Oh, emotional distress is massive.
[15:10.000 --> 15:15.000]  That's caused you to have post-traumatic stress syndrome.
[15:15.000 --> 15:17.000]  Heck, the war didn't cause that.
[15:17.000 --> 15:19.000]  What you're taking my property did.
[15:19.000 --> 15:22.000]  Yeah, I've already gone and been in the military,
[15:22.000 --> 15:25.000]  so they just aggravated it.
[15:25.000 --> 15:27.000]  And then you go to the bank and say,
[15:27.000 --> 15:32.000]  look, I'm fixing to sue you every way from Sunday.
[15:32.000 --> 15:37.000]  And I might put a few of you in jail in the process.
[15:37.000 --> 15:41.000]  Or do you want to make me a deal I can't pass up?
[15:41.000 --> 15:42.000]  Yeah.
[15:42.000 --> 15:45.000]  If someone's been in the property for six or seven years,
[15:45.000 --> 15:49.000]  it's not likely you're going to get them out of the property.
[15:49.000 --> 15:53.000]  But they can give you enough to buy another property.
[15:53.000 --> 15:56.000]  And now that you've lost it, you've got actual damages.
[15:56.000 --> 15:58.000]  Yeah, these are actual.
[15:58.000 --> 16:03.000]  Once the foreclosure was done, then the damages are actual,
[16:03.000 --> 16:05.000]  along with all the others.
[16:05.000 --> 16:07.000]  So you've got a good case there.
[16:07.000 --> 16:10.000]  Yeah, so the person that owns it right now,
[16:10.000 --> 16:14.000]  that supposedly owns it right now, but files some paperwork,
[16:14.000 --> 16:17.000]  lives in Massachusetts, and he's a foreigner.
[16:17.000 --> 16:19.000]  He's Chinese.
[16:19.000 --> 16:20.000]  Oh, good.
[16:20.000 --> 16:23.000]  He'll get real excited when you sue him.
[16:23.000 --> 16:25.000]  Welcome to America.
[16:25.000 --> 16:29.000]  Yeah, welcome to the deep end of the pool.
[16:29.000 --> 16:31.000]  Well, see, I did a search on the address,
[16:31.000 --> 16:35.000]  because I was going to contact him if he wanted to sell it.
[16:35.000 --> 16:37.000]  I can't find him.
[16:37.000 --> 16:40.000]  Oh, well, let's see if the bank can find him.
[16:40.000 --> 16:41.000]  OK, hang on.
[16:41.000 --> 16:42.000]  We're about to go to break.
[16:42.000 --> 16:47.000]  This is Randy Kelton, David Stevens, Joe Esquivel, Steve Skidmark,
[16:47.000 --> 16:54.000]  oops, Moore, Rule of Law Radio 512-646-1984,
[16:54.000 --> 16:57.000]  and that was the Freudian slip.
[16:57.000 --> 17:00.000]  I would never chump Steve on the air.
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[19:11.000 --> 19:14.000]  Well, don't let nothing get to you.
[19:14.000 --> 19:17.000]  Only the Father can deliver you.
[19:17.000 --> 19:20.000]  Don't let bad-minded people hurt you.
[19:20.000 --> 19:23.000]  Until Satan gets behind you.
[19:23.000 --> 19:25.000]  Know what I mean?
[19:25.000 --> 19:28.000]  My friend, Nala Jackson,
[19:28.000 --> 19:31.000]  those things that hurt me crazy.
[19:31.000 --> 19:34.000]  Tell him you're proud of them things.
[19:34.000 --> 19:37.000]  Calling his name once again.
[19:37.000 --> 19:40.000]  Every day you know the worst day in.
[19:40.000 --> 19:43.000]  Those things that hurt me crazy.
[19:43.000 --> 19:45.000]  Okay, we are back.
[19:45.000 --> 19:48.000]  Randy Kelton, Deborah Stevens, Joe Esquivel,
[19:48.000 --> 19:51.000]  Steve Skidmore, Rule of Law Radio,
[19:51.000 --> 19:54.000]  and we're talking to Doug in Indiana.
[19:54.000 --> 19:56.000]  Okay, Doug,
[19:56.000 --> 20:00.000]  do you have any more questions?
[20:00.000 --> 20:02.000]  You know, with his email,
[20:02.000 --> 20:07.000]  is that all lowercase letters, any epitopes?
[20:07.000 --> 20:09.000]  All lowercase letters.
[20:09.000 --> 20:14.000]  randyatvlogradio.com
[20:14.000 --> 20:18.000]  You can just online do a search for Rule of Law Radio.
[20:18.000 --> 20:20.000]  But if you're an old guy like me
[20:20.000 --> 20:22.000]  and you're not computer intolerant,
[20:22.000 --> 20:26.000]  just go find the first 10-year-old you see
[20:26.000 --> 20:32.000]  and they'll explain it all to you.
[20:32.000 --> 20:34.000]  Yeah, it's all lowercase.
[20:34.000 --> 20:36.000]  Get that to me and I will.
[20:36.000 --> 20:39.000]  The main thing I need are the documents from the county record
[20:39.000 --> 20:41.000]  and I'll give you a good assessment
[20:41.000 --> 20:44.000]  of how big a claim you can make.
[20:44.000 --> 20:49.000]  Okay, I'll get you as much of that as I can.
[20:49.000 --> 20:51.000]  Okay, thank you, Doug.
[20:51.000 --> 20:55.000]  Now we're going to go to Mike in Tennessee.
[20:55.000 --> 20:57.000]  Hello, Mike.
[20:57.000 --> 20:59.000]  How you doing, Randy?
[20:59.000 --> 21:01.000]  I'm doing well.
[21:01.000 --> 21:03.000]  How you doing there in Tennessee?
[21:03.000 --> 21:05.000]  Well, I've got an ongoing problem here.
[21:05.000 --> 21:07.000]  We've talked about this before.
[21:07.000 --> 21:09.000]  Let me give you a real quick background on it.
[21:09.000 --> 21:13.000]  It's a wrongful foreclosure that my brother's in.
[21:13.000 --> 21:17.000]  You know, I've listened to Rule of Law Radio for a really long time,
[21:17.000 --> 21:19.000]  you know, three-plus years,
[21:19.000 --> 21:23.000]  and I remember you mentioned about Washington Mutual Bank,
[21:23.000 --> 21:28.000]  how they're under suspicious reasoning, right?
[21:28.000 --> 21:30.000]  Yes.
[21:30.000 --> 21:37.000]  Have you got any documentation to that that I could get from you?
[21:37.000 --> 21:44.000]  Wait a minute, documentation about the shutdown of Washington Mutual?
[21:44.000 --> 21:49.000]  What about them going under, you know, for suspicious reasons?
[21:49.000 --> 21:52.000]  Probably got it somewhere.
[21:52.000 --> 21:54.000]  Okay, now here's why.
[21:54.000 --> 21:55.000]  Okay.
[21:55.000 --> 22:03.000]  Okay, my brother, you know, the loan supposedly was assigned to Washington Mutual,
[22:03.000 --> 22:07.000]  but of course nothing was recorded into the county.
[22:07.000 --> 22:10.000]  He bought the house in 99, May of 99,
[22:10.000 --> 22:15.000]  and then in 2000 they reassigned it to another bank, okay?
[22:15.000 --> 22:19.000]  And nothing's been recorded in there since.
[22:19.000 --> 22:25.000]  Okay, no, I hate pronouns because I lose where I'm at with pronouns.
[22:25.000 --> 22:27.000]  They assigned it to another bank.
[22:27.000 --> 22:29.000]  Who was they and what was the bank?
[22:29.000 --> 22:33.000]  The original, it's called Starlight Mortgage Company,
[22:33.000 --> 22:39.000]  reassigned it to Company B, and Company B reassigned it to C,
[22:39.000 --> 22:42.000]  and all that happened in the year 2000.
[22:42.000 --> 22:45.000]  How did it get to Washington Mutual?
[22:45.000 --> 22:49.000]  There is nothing in the county showing that.
[22:49.000 --> 22:52.000]  Who was your original lender?
[22:52.000 --> 23:00.000]  It's called like Starlight, I think is the name of the original company.
[23:00.000 --> 23:08.000]  All right, so that was the original lender, so then the note had to be sold endorsed.
[23:08.000 --> 23:10.000]  Did you see a copy of the note?
[23:10.000 --> 23:15.000]  No, as a matter of fact, we, you know, my brother, because I'm with him all the time,
[23:15.000 --> 23:21.000]  we didn't get anything of that first four years of any kind from anybody.
[23:21.000 --> 23:24.000]  We never really got anything from.
[23:24.000 --> 23:29.000]  Okay, the note you should have got in the closing documents.
[23:29.000 --> 23:34.000]  Okay, we got whatever in the closing documents.
[23:34.000 --> 23:38.000]  I have a package and we went through that and it's some of the original.
[23:38.000 --> 23:39.000]  Okay, hold on.
[23:39.000 --> 23:47.000]  Did you have, did anyone send you a copy of the note subsequent to that?
[23:47.000 --> 23:49.000]  I can't say, okay.
[23:49.000 --> 23:51.000]  So what should I be looking for to double check on?
[23:51.000 --> 23:57.000]  Okay, okay, the only place that matters is the public record.
[23:57.000 --> 23:59.000]  Go look in the public record.
[23:59.000 --> 24:06.000]  This Starlight mortgage company, is it still in existence?
[24:06.000 --> 24:14.000]  No, that company, what is the business, what, and SunTrust, bottom line.
[24:14.000 --> 24:15.000]  Okay, hold on.
[24:15.000 --> 24:18.000]  Did, okay, that don't make any difference.
[24:18.000 --> 24:21.000]  What is in the public record?
[24:21.000 --> 24:22.000]  Okay.
[24:22.000 --> 24:30.000]  Even if a company buys, one company buys another, the claim that was granted to
[24:30.000 --> 24:36.000]  the first company in the Deed of Christ does not necessarily move to the new company.
[24:36.000 --> 24:37.000]  Okay.
[24:37.000 --> 24:43.000]  The company purchased must transfer the claim to the new company because,
[24:43.000 --> 24:48.000]  you see, the company that did the purchase bought the assets.
[24:48.000 --> 24:59.000]  Even if a company like Countrywide was a wholly owned subsidiary of Bank of America,
[24:59.000 --> 25:04.000]  but Countrywide was not Bank of America.
[25:04.000 --> 25:09.000]  We have a case here in Texas where Chase and Chase Home Mortgage,
[25:09.000 --> 25:14.000]  Chase Home Mortgage held the Deed of Trust.
[25:14.000 --> 25:19.000]  Chase Bank did the foreclosure and the court said, you can't do that.
[25:19.000 --> 25:22.000]  Well, Chase Home Mortgage is a wholly owned subsidiary.
[25:22.000 --> 25:23.000]  Don't matter.
[25:23.000 --> 25:27.000]  It's still a different business and for you to have authority to foreclose,
[25:27.000 --> 25:32.000]  Chase Home Mortgage would have had to transfer the security instrument to you
[25:32.000 --> 25:34.000]  and they didn't do it.
[25:34.000 --> 25:45.000]  So who did Starlight transfer the or assign the security instrument to, if anybody?
[25:45.000 --> 25:46.000]  Okay.
[25:46.000 --> 25:48.000]  I can't recall, but let's just call it.
[25:48.000 --> 25:49.000]  Okay.
[25:49.000 --> 25:50.000]  Okay.
[25:50.000 --> 25:51.000]  Hold on.
[25:51.000 --> 25:52.000]  If they didn't.
[25:52.000 --> 25:53.000]  Oh, they did.
[25:53.000 --> 25:54.000]  And did they?
[25:54.000 --> 25:55.000]  They did.
[25:55.000 --> 25:56.000]  Okay.
[25:56.000 --> 26:04.000]  They three months after this all happened, they assigned it to Bank B and then probably
[26:04.000 --> 26:09.000]  three or four months later after that, they assigned it to Bank C and that's where.
[26:09.000 --> 26:10.000]  Hold on.
[26:10.000 --> 26:11.000]  Hold on.
[26:11.000 --> 26:12.000]  You're using pronouns again.
[26:12.000 --> 26:17.000]  Did Bank B assign it to Bank C?
[26:17.000 --> 26:18.000]  Yes.
[26:18.000 --> 26:19.000]  Okay.
[26:19.000 --> 26:20.000]  The public records.
[26:20.000 --> 26:29.000]  Does the assignment include the note and all beneficial interest?
[26:29.000 --> 26:37.000]  I will have to check on that.
[26:37.000 --> 26:44.000]  Foreclosure can be real complex, but in order to eliminate a lot of the complexity,
[26:44.000 --> 26:50.000]  the first place to look are the documents in the public record.
[26:50.000 --> 27:00.000]  If you were listening at the beginning earlier on, I said, never stipulate to anything
[27:00.000 --> 27:13.000]  and it's hard not to stipulate by your saying that they transferred it to somebody else.
[27:13.000 --> 27:16.000]  There's a whole lot involved in that.
[27:16.000 --> 27:17.000]  How did they do it?
[27:17.000 --> 27:19.000]  Specifically, what did they do?
[27:19.000 --> 27:26.000]  Because if you don't look at each of the steps, examine them and challenge them,
[27:26.000 --> 27:30.000]  then you wait the challenge and you stipulate.
[27:30.000 --> 27:31.000]  Okay.
[27:31.000 --> 27:34.000]  Who did what specifically?
[27:34.000 --> 27:39.000]  What authority did they have to do what they did?
[27:39.000 --> 27:48.000]  When Starlight made the transfer, had Starlight negotiated the beneficial interest
[27:48.000 --> 27:56.000]  of the note, the right to be paid to some other entity?
[27:56.000 --> 27:57.000]  Okay.
[27:57.000 --> 28:07.000]  If they did that, then whatever they transferred to Company B, it was just a void document.
[28:07.000 --> 28:14.000]  Did Starlight negotiate the right to be paid on the note to a third party
[28:14.000 --> 28:22.000]  before they filed their deed of trust with the county recorder?
[28:22.000 --> 28:30.000]  Because if they did, then they didn't have a claim when they filed it and the filing was fraudulent.
[28:30.000 --> 28:33.000]  Joe, will you explain that?
[28:33.000 --> 28:37.000]  Well, yes.
[28:37.000 --> 28:42.000]  If they waited a couple of months to file the security instrument to being recorded,
[28:42.000 --> 28:47.000]  until that instrument has been filed, indexed, and recorded, it is not an instrument.
[28:47.000 --> 28:50.000]  It's just a piece of paper.
[28:50.000 --> 28:59.000]  Many times, documents that purport to be said assignments are never filed of record.
[28:59.000 --> 29:05.000]  They fill out the writing on a piece of paper, but that document does not become a document
[29:05.000 --> 29:12.000]  until it has been signed, sealed, and delivered into public record.
[29:12.000 --> 29:13.000]  Oh, okay.
[29:13.000 --> 29:15.000]  There was something else I was going to there, Joe.
[29:15.000 --> 29:16.000]  Okay.
[29:16.000 --> 29:21.000]  If they sold the right to be paid...
[29:21.000 --> 29:23.000]  They only sold a partial interest.
[29:23.000 --> 29:24.000]  Yeah.
[29:24.000 --> 29:28.000]  So they're holding this deed of trust.
[29:28.000 --> 29:30.000]  But what is the deed of trust done?
[29:30.000 --> 29:31.000]  Yeah.
[29:31.000 --> 29:36.000]  The deed of trust evidences an alternative means of collecting a debt.
[29:36.000 --> 29:39.000]  But they don't have a debt to collect anymore.
[29:39.000 --> 29:41.000]  So it's void.
[29:41.000 --> 29:42.000]  That's where it's going.
[29:42.000 --> 29:43.000]  Hang on.
[29:43.000 --> 29:44.000]  I'll pick this up when we come back.
[29:44.000 --> 29:49.000]  Randy Kelton, Joe Esquivel, Steve Skidmore, La Radio, our caller number,
[29:49.000 --> 29:54.000]  512-646-1984, Marshall, Claudia, Kevin, Doug, I see you there.
[29:54.000 --> 30:04.000]  We'll be right back.
[30:04.000 --> 30:08.000]  People eat at McDonald's because it's a lot cheaper than a wholesome meal at home.
[30:08.000 --> 30:09.000]  But is it really?
[30:09.000 --> 30:14.000]  I'm Dr. Catherine Albrecht, and I'll set the record straight on which hits your wallet harder next.
[30:14.000 --> 30:16.000]  Privacy is under attack.
[30:16.000 --> 30:20.000]  When you give up data about yourself, you'll never get it back again.
[30:20.000 --> 30:25.000]  And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[30:25.000 --> 30:30.000]  So protect your rights, say no to surveillance, and keep your information to yourself.
[30:30.000 --> 30:32.000]  Privacy, it's worth hanging on to.
[30:32.000 --> 30:36.000]  This public service announcement is brought to you by StartPage.com,
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[30:44.000 --> 30:46.000]  Why are Americans overweight?
[30:46.000 --> 30:51.000]  We're often told it's because fattening junk food is the only thing low-income families can afford.
[30:51.000 --> 30:53.000]  But let's set the record straight.
[30:53.000 --> 30:57.000]  Processed food is actually way more expensive than food cooked at home.
[30:57.000 --> 31:01.000]  Example, feeding a family of four at Mickey D's costs about 30 bucks.
[31:01.000 --> 31:06.000]  At home, a roasted chicken with potatoes and a salad costs less than half that.
[31:06.000 --> 31:08.000]  Plus, it's a lot healthier.
[31:08.000 --> 31:11.000]  Truth is, most people are able to afford real food.
[31:11.000 --> 31:14.000]  It's the cooking we don't like, because we view it as backbreaking work.
[31:14.000 --> 31:18.000]  We need to start appreciating the pleasures of a warm, savory kitchen
[31:18.000 --> 31:21.000]  and the closeness that comes from nourishing our families.
[31:21.000 --> 31:30.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[31:30.000 --> 31:36.000]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[31:36.000 --> 31:38.000]  The government says that fire brought it down.
[31:38.000 --> 31:43.000]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[31:43.000 --> 31:46.000]  Over 6,000 of my fellow service members have given their lives.
[31:46.000 --> 31:48.000]  But thousands of my fellow first responders are dying.
[31:48.000 --> 31:50.000]  I'm not a conspiracy theorist.
[31:50.000 --> 31:51.000]  I'm a structural engineer.
[31:51.000 --> 31:52.000]  I'm a New York City correction officer.
[31:52.000 --> 31:53.000]  I'm an Air Force pilot.
[31:53.000 --> 31:55.000]  I'm a father who lost his son.
[31:55.000 --> 31:57.000]  We're Americans, and we deserve the truth.
[31:57.000 --> 32:01.000]  Go to RememberBuilding7.org today.
[32:01.000 --> 32:05.000]  Rule of Law Radio is proud to offer the Rule of Law traffic seminar.
[32:05.000 --> 32:07.000]  In today's America, we live in an us-against-them society.
[32:07.000 --> 32:10.000]  And if we, the people, are ever going to have a free society,
[32:10.000 --> 32:13.000]  then we're going to have to stand and defend our own rights.
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[32:15.000 --> 32:17.000]  the right to act in our own private capacity,
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[33:24.000 --> 33:41.000]  Okay, we are back, Randy Kelton, Deborah Stevens, Joe Esquivel,
[33:41.000 --> 33:45.000]  and we're talking to Mike in Tennessee.
[33:45.000 --> 33:48.000]  Okay, where I was going to when we went out, Mike,
[33:48.000 --> 33:54.000]  is this, obviously, this note was sold into a pass-through trust.
[33:54.000 --> 33:57.000]  In interest of the note.
[33:57.000 --> 33:59.000]  In interest of the note.
[33:59.000 --> 34:02.000]  Not the note itself.
[34:02.000 --> 34:05.000]  The right to be paid on the note.
[34:05.000 --> 34:12.000]  And if that was done, you can almost be certain,
[34:12.000 --> 34:16.000]  especially since this is not a major bank, the original lender,
[34:16.000 --> 34:19.000]  that this was a table-funded note.
[34:19.000 --> 34:23.000]  That the lender was not really the lender.
[34:23.000 --> 34:26.000]  The lender was a pretender lender.
[34:26.000 --> 34:31.000]  They pretended to be the ones providing the funds for the transaction
[34:31.000 --> 34:33.000]  when they were no such thing.
[34:33.000 --> 34:37.000]  So when we say that, immediately after closing,
[34:37.000 --> 34:41.000]  Starlight sold an interest in the note.
[34:41.000 --> 34:44.000]  Maybe they did, maybe they didn't.
[34:44.000 --> 34:51.000]  It's more likely they never owned an interest in it to start with.
[34:51.000 --> 34:57.000]  Somebody else already owned it when the document was signed
[34:57.000 --> 35:02.000]  because they provided the funds for the transaction,
[35:02.000 --> 35:04.000]  not this supposed lender.
[35:04.000 --> 35:11.000]  If that's the case, when the lender filed the security instrument
[35:11.000 --> 35:16.000]  in the county record, making a claim against the property,
[35:16.000 --> 35:22.000]  they knew full well they had no such claim.
[35:22.000 --> 35:24.000]  They'd sold it.
[35:24.000 --> 35:30.000]  The only claim they had was a claim to collect the income stream,
[35:30.000 --> 35:33.000]  and they sold that or they negotiated that.
[35:33.000 --> 35:36.000]  So all they had were these documents.
[35:36.000 --> 35:43.000]  The security instrument protected Starlight from harm,
[35:43.000 --> 35:46.000]  but Starlight could not be harmed.
[35:46.000 --> 35:49.000]  Does this make sense, Mike?
[35:49.000 --> 35:50.000]  Yes, I did.
[35:50.000 --> 35:53.000]  I did not realize none of this.
[35:53.000 --> 35:57.000]  This is so spectacular, what you're bringing forward.
[35:57.000 --> 36:01.000]  There's another issue, if I can squeeze one in here.
[36:01.000 --> 36:04.000]  Over the break, Randy, you'd mentioned something,
[36:04.000 --> 36:09.000]  and thanks to Joe, I've got this indelibly burned on the back of my skull.
[36:09.000 --> 36:15.000]  UCC Article 3, Section 3203.
[36:15.000 --> 36:20.000]  3203D, as in David, to be specific.
[36:20.000 --> 36:22.000]  3-203.
[36:22.000 --> 36:25.000]  Correct.
[36:25.000 --> 36:29.000]  Now keep in mind, you've got a physical note.
[36:29.000 --> 36:32.000]  That is the tangible instrument.
[36:32.000 --> 36:36.000]  There's an intangible element to that tangible document,
[36:36.000 --> 36:38.000]  and that is the promise to pay.
[36:38.000 --> 36:43.000]  That promise to pay was stripped and sold into the securities pool.
[36:43.000 --> 36:48.000]  Now if you'll go read 3-203D, it states, and I quote,
[36:48.000 --> 36:55.000]  and keep in mind, if you're in a state venue, the UCC is subject to venue.
[36:55.000 --> 36:58.000]  If you're in a state venue, you would use the state's equivalent.
[36:58.000 --> 37:03.000]  If you're in a federal venue, you use the common UCC, the federal UCC,
[37:03.000 --> 37:05.000]  but they all say basically the same thing.
[37:05.000 --> 37:12.000]  Every state has adopted UCC, so you're going to have it.
[37:12.000 --> 37:18.000]  But at any rate, in the federal UCC, and as reflected in all 50 states,
[37:18.000 --> 37:21.000]  3-203D states, and I quote,
[37:21.000 --> 37:28.000]  if the transferor purports to transfer less than the entire instrument,
[37:28.000 --> 37:31.000]  negotiation does not occur.
[37:31.000 --> 37:34.000]  Now how are rights transferred?
[37:34.000 --> 37:36.000]  How does somebody fight?
[37:36.000 --> 37:37.000]  Hold on.
[37:37.000 --> 37:42.000]  Let's define the entire instrument.
[37:42.000 --> 37:49.000]  Remember earlier I said that there are three documents that make up the mortgage.
[37:49.000 --> 37:52.000]  Yeah, three tangible, one intangible.
[37:52.000 --> 37:59.000]  The warranty deed, the promised pay, and the security instrument.
[37:59.000 --> 38:05.000]  Well, actually the warranty deed is kind of separate from the mortgage loan instrument,
[38:05.000 --> 38:09.000]  the mortgage loan instrument consisting of the negotiable instrument
[38:09.000 --> 38:11.000]  together with the security instrument.
[38:11.000 --> 38:19.000]  Those are instruments between an alleged lender and an alleged borrower.
[38:19.000 --> 38:24.000]  The warranty deed is a private contract between the prior owner,
[38:24.000 --> 38:28.000]  that being the grantor, and the new owner being the grantee.
[38:28.000 --> 38:36.000]  But to stick with the note itself, if they have stripped...
[38:36.000 --> 38:37.000]  Okay, wait, wait, wait.
[38:37.000 --> 38:38.000]  Hold on.
[38:38.000 --> 38:45.000]  Note and security instrument are one document, not one document,
[38:45.000 --> 38:47.000]  but one instrument.
[38:47.000 --> 38:48.000]  Right.
[38:48.000 --> 38:54.000]  It's a common practice under contract law that any documents,
[38:54.000 --> 39:00.000]  any multiple documents that are signed at the same time for the same purpose
[39:00.000 --> 39:07.000]  in the course of the same transaction are to be read as one document,
[39:07.000 --> 39:10.000]  be construed as one document.
[39:10.000 --> 39:16.000]  So that's why Carpenter v. Longin doesn't really go over too well in any venue anymore.
[39:16.000 --> 39:21.000]  Because of contract law, they were separate documents that were created at the same time
[39:21.000 --> 39:26.000]  for the same purpose and in the course of the same transaction.
[39:26.000 --> 39:31.000]  So if there's anything in Carpenter v. Longin that you can really grab a hold of,
[39:31.000 --> 39:34.000]  it is that they are inseparable.
[39:34.000 --> 39:37.000]  That's kind of what you want to claim, that they're inseparable.
[39:37.000 --> 39:40.000]  Because if you get rid of the note, you get rid of the deed of trust with it.
[39:40.000 --> 39:45.000]  Now, if they have stripped an element from the note,
[39:45.000 --> 39:49.000]  that being the only thing in the note that gives that piece of paper any value,
[39:49.000 --> 39:52.000]  that being the promise to pay, and they've sold that to a third party,
[39:52.000 --> 39:58.000]  and then they take that note as it exists without that essential element,
[39:58.000 --> 40:03.000]  and they purport to transfer that, what rights are acquired by that transfer?
[40:03.000 --> 40:06.000]  Keep in mind that is no longer eligible for negotiation.
[40:06.000 --> 40:09.000]  So it was not a negotiation.
[40:09.000 --> 40:14.000]  To negotiate something, you've got to negotiate and deliver the physical instrument.
[40:14.000 --> 40:16.000]  Okay, hold on.
[40:16.000 --> 40:20.000]  Transfer, negotiate.
[40:20.000 --> 40:23.000]  You transfer a security instrument.
[40:23.000 --> 40:24.000]  Correct.
[40:24.000 --> 40:26.000]  You negotiate a note.
[40:26.000 --> 40:27.000]  Correct.
[40:27.000 --> 40:30.000]  We need to make those distinctions clear.
[40:30.000 --> 40:31.000]  Yes.
[40:31.000 --> 40:35.000]  So the whole thing is that they have separated an element from that note,
[40:35.000 --> 40:41.000]  and then they have purported to have transferred another portion
[40:41.000 --> 40:44.000]  of the mortgage loan instrument.
[40:44.000 --> 40:49.000]  It's still less than the entire instrument.
[40:49.000 --> 40:53.000]  3-203 is the only section of the Uniform Commercial Code
[40:53.000 --> 40:58.000]  that discusses the transfer of rights.
[40:58.000 --> 41:01.000]  Now, Joe, what rights do they acquire if negotiation did not?
[41:01.000 --> 41:02.000]  They've acquired none.
[41:02.000 --> 41:10.000]  For Tennessee, you're going to go to Tennessee 47-3-203D.
[41:10.000 --> 41:16.000]  So until negotiation takes place,
[41:16.000 --> 41:22.000]  the transfer only acquires rights of a partial assignee, and those are no rights.
[41:22.000 --> 41:25.000]  And if they've separated that essential element from the note,
[41:25.000 --> 41:29.000]  is the note eligible for negotiation?
[41:29.000 --> 41:30.000]  No.
[41:30.000 --> 41:31.000]  It can't be.
[41:31.000 --> 41:34.000]  Because it's no longer a note, because it doesn't evidence it.
[41:34.000 --> 41:36.000]  It no longer has any value either.
[41:36.000 --> 41:38.000]  The value has been sold to a third party.
[41:38.000 --> 41:40.000]  It's a worthless piece of paper.
[41:40.000 --> 41:41.000]  That's it.
[41:41.000 --> 41:43.000]  You can rough it up.
[41:43.000 --> 41:45.000]  Use it to wipe your backside with.
[41:45.000 --> 41:47.000]  And the security instrument.
[41:47.000 --> 41:50.000]  Well, the security instrument ceases to exist.
[41:50.000 --> 41:59.000]  Even if it didn't cease to exist, it would become in default
[41:59.000 --> 42:06.000]  because any sale of the note or any sale of a partial sale of the note
[42:06.000 --> 42:11.000]  or the entire note that does not occur together with the security instrument
[42:11.000 --> 42:15.000]  is a breach of a covenant of the deed of trust or mortgage
[42:15.000 --> 42:20.000]  and would act as default voluntary repudiation of the contract.
[42:20.000 --> 42:22.000]  Now you've got to breach a contract.
[42:22.000 --> 42:25.000]  They can't come to the table
[42:25.000 --> 42:31.000]  and exercise a privilege you granted with conditions
[42:31.000 --> 42:34.000]  when they breached one of those conditions.
[42:34.000 --> 42:37.000]  When they come to the table and foreclose,
[42:37.000 --> 42:41.000]  they must be in honor with the contract.
[42:41.000 --> 42:44.000]  If they have breached a covenant, they are in dishonor.
[42:44.000 --> 42:51.000]  They can't come and say, OK, yeah, I defaulted on some of these covenants,
[42:51.000 --> 42:54.000]  but now I'm going to accuse you of defaulting on one of them.
[42:54.000 --> 42:56.000]  Who did it first?
[42:56.000 --> 43:02.000]  When they did it first, they rendered the contract void.
[43:02.000 --> 43:04.000]  Correct me if I'm wrong.
[43:04.000 --> 43:12.000]  A breach contract, a contract breached is a contract that no longer exists.
[43:12.000 --> 43:17.000]  It may exist in physical form, but it's no longer enforceable.
[43:17.000 --> 43:22.000]  It's no longer enforceable.
[43:22.000 --> 43:30.000]  What I'm suggesting you do is file a notice of default on the deed of trust in the record.
[43:30.000 --> 43:39.000]  The reason you do that is a document filed in the record is presumed to be valid until challenged.
[43:39.000 --> 43:44.000]  So the deed of trust is presumed to be valid until you challenge it by filing a notice of default.
[43:44.000 --> 43:51.000]  Randy Kelton, Debra Stevens, Rule of Law Radio, Mike, we're going to move along on the other side
[43:51.000 --> 44:02.000]  because we've got a lot of callers, but hang on, we'll be right back.
[44:02.000 --> 44:06.000]  Hello, my name is Stuart Smith from naturespureorganics.com,
[44:06.000 --> 44:12.000]  and I would like to invite you to come by our store at 1904 Guadalupe Street, Suite D here in Austin, Texas
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[44:37.000 --> 44:43.000]  That's 512-264-4043, naturespureorganics.com.
[44:43.000 --> 44:47.000]  Don't forget to like us on Facebook for information on events and our products.
[44:47.000 --> 45:01.000]  Naturespureorganics.com.
[45:01.000 --> 45:04.000]  Are you the plaintiff or defendant in a lawsuit?
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[46:02.000 --> 46:25.000]  Music
[46:25.000 --> 46:30.000]  Okay, we are back. Randy Kelton, Deborah Steven, Rule of Law Radio.
[46:30.000 --> 46:38.000]  Mike from Tennessee, have they actually foreclosed on your brother's property yet
[46:38.000 --> 46:40.000]  or are they still trying to?
[46:40.000 --> 46:46.000]  You know, I had to file a bankruptcy to stop the sheriff sale.
[46:46.000 --> 46:51.000]  Do you claim the property is unsecured?
[46:51.000 --> 46:54.000]  Yes, I didn't finish it.
[46:54.000 --> 47:00.000]  All I did was start it because my brother has no income so we didn't finish it.
[47:00.000 --> 47:05.000]  Okay, so are they now pursuing foreclosure?
[47:05.000 --> 47:09.000]  Yeah, they're wanting to come back again and do it, you know, like...
[47:09.000 --> 47:14.000]  Oh, wait a minute, sheriff sale, so they've already done the foreclosure.
[47:14.000 --> 47:17.000]  They haven't ever had the sale though, okay?
[47:17.000 --> 47:20.000]  It's never went to sale.
[47:20.000 --> 47:28.000]  Oh, okay, so you need to file a, not a trespass, a tritidal, a quiet title action.
[47:28.000 --> 47:29.000]  Okay.
[47:29.000 --> 47:32.000]  But first you need a good examination of the public record.
[47:32.000 --> 47:36.000]  Have you ever sent me all of the documents from the county registrar's office?
[47:36.000 --> 47:38.000]  No, I will do that.
[47:38.000 --> 47:42.000]  Do that? Do you have my email, Randy at Rule of Law Radio?
[47:42.000 --> 47:43.000]  Randy?
[47:43.000 --> 47:44.000]  Yes, sir.
[47:44.000 --> 47:54.000]  This is Joe. Just because you have no income, that does not stop one from not filing a bankruptcy.
[47:54.000 --> 47:57.000]  You don't need to make X number of dollars to file bankruptcy.
[47:57.000 --> 48:02.000]  The reason many people file bankruptcy is because lack of income.
[48:02.000 --> 48:04.000]  I mean, it will go through.
[48:04.000 --> 48:08.000]  You know, you can file it and that will stop the sale.
[48:08.000 --> 48:15.000]  You know, in other words, it stops the bankruptcy because you didn't get a chance to finish it.
[48:15.000 --> 48:20.000]  You have to have income for the judge to decide how much is paid each month.
[48:20.000 --> 48:24.000]  Well, that's it. Did you file a chapter 7 or 13?
[48:24.000 --> 48:26.000]  13. Can I file a chapter 7?
[48:26.000 --> 48:27.000]  File a 7.
[48:27.000 --> 48:28.000]  Yes.
[48:28.000 --> 48:37.000]  And if I were in your shoes and it was me, I would make sure that my property went on schedule F as in Frank,
[48:37.000 --> 48:46.000]  unsecured on non-priority because it's an unsecured obligation in my case.
[48:46.000 --> 48:49.000]  So you can be written off.
[48:49.000 --> 48:56.000]  So having reopened the bankruptcy, change it to a chapter 7, claim the property is unsecured.
[48:56.000 --> 49:02.000]  This puts the bank in a position to where they have to come to the court and prove up their claim.
[49:02.000 --> 49:08.000]  Mike, pursuant to BK Rule 9001, Subsection D as in DOG,
[49:08.000 --> 49:15.000]  any party coming forth with a claim security interest must be evidenced by a properly perfected lien.
[49:15.000 --> 49:21.000]  Mike, how does one properly perfect a lien in Tennessee?
[49:21.000 --> 49:24.000]  Through recordation at the county recorder's office.
[49:24.000 --> 49:40.000]  So if there is not a properly perfected lien, then there is no way for them to come forth with a claimed action being a lien holder.
[49:40.000 --> 49:46.000]  You need to be named into public record to be a properly perfected lien.
[49:46.000 --> 49:57.000]  And you need to be named to the tangible promissory note as payee on the payee line to have something to attach itself to.
[49:57.000 --> 50:02.000]  Now that's on the stamp, what would be an incomplete stamping on the endorsement.
[50:02.000 --> 50:04.000]  But they still need to have an endorsement.
[50:04.000 --> 50:05.000]  Correct.
[50:05.000 --> 50:15.000]  So you've got a lot of different avenues, but one of the things to look at is your property secure, yes or no.
[50:15.000 --> 50:18.000]  Go to public record and look.
[50:18.000 --> 50:24.000]  If it's an unsecured obligation, send me all those documents and I'll tell you.
[50:24.000 --> 50:25.000]  Okay, I will do it, Randy.
[50:25.000 --> 50:28.000]  I've got one very fast question for you.
[50:28.000 --> 50:29.000]  Okay.
[50:29.000 --> 50:34.000]  For listening to your show and, you know, Washington Mutual, you know, not really having it,
[50:34.000 --> 50:42.000]  I questioned Chase Bank last year starting in May of 2012.
[50:42.000 --> 50:49.000]  They proved to me that you have some kind of interest in this asset, okay, you know, paying anything.
[50:49.000 --> 50:52.000]  And they said, okay, we'll give you the documentation.
[50:52.000 --> 50:53.000]  But they never did it.
[50:53.000 --> 50:58.000]  I asked them four different times from May every month and I would talk to them on the phone.
[50:58.000 --> 51:02.000]  So when September came, I ran an ad in the newspaper.
[51:02.000 --> 51:07.000]  I said, if anybody has any claim on this property, give the address and they have 30 days to respond.
[51:07.000 --> 51:09.000]  If not, you know, this is closed.
[51:09.000 --> 51:10.000]  All right.
[51:10.000 --> 51:14.000]  I told Chase, I said, listen, it's been four months it went by.
[51:14.000 --> 51:19.000]  You haven't showed that you have any kind of ownership in this property of any kind.
[51:19.000 --> 51:26.000]  And so is it okay if we stop the monthly debits out of my brother's checking account each month?
[51:26.000 --> 51:27.000]  And they said, yes.
[51:27.000 --> 51:33.000]  And I said, okay, we will start it back now if you prove to me that you have some kind of interest,
[51:33.000 --> 51:35.000]  right, Tyler, interest or something.
[51:35.000 --> 51:36.000]  Okay, hold on.
[51:36.000 --> 51:39.000]  Did they say this on the phone?
[51:39.000 --> 51:40.000]  Yes.
[51:40.000 --> 51:42.000]  Did you record it?
[51:42.000 --> 51:45.000]  I did, but I lost the recording.
[51:45.000 --> 51:46.000]  Okay.
[51:46.000 --> 51:49.000]  This is what I'd like you to do.
[51:49.000 --> 51:55.000]  Take the phone receiver and beat yourself around the eyes and the ears.
[51:55.000 --> 51:56.000]  Oh, yeah.
[51:56.000 --> 52:01.000]  Then knock some sense into yourself, you hillbilly.
[52:01.000 --> 52:03.000]  Yeah, I agree.
[52:03.000 --> 52:04.000]  And so here's what we did.
[52:04.000 --> 52:10.000]  You know, we did that agreement on the phone and so they stopped payments and they, you know,
[52:10.000 --> 52:13.000]  they would say, we're going to send you documentation, which they were lying.
[52:13.000 --> 52:15.000]  There's no honesty in them.
[52:15.000 --> 52:17.000]  And they drug their feet.
[52:17.000 --> 52:21.000]  And then they sent me a letter in February saying they was wanting to foreclose on me.
[52:21.000 --> 52:23.000]  And I sent a letter back to them and said, no, no, no.
[52:23.000 --> 52:25.000]  You know, you're in default right now.
[52:25.000 --> 52:30.000]  You guys, I need some information from you all before we go forward.
[52:30.000 --> 52:34.000]  Okay. File a notice of default in the public record.
[52:34.000 --> 52:35.000]  I tried that.
[52:35.000 --> 52:41.000]  Here's what I did is I went afterwards after running that ad in the newspaper for 30 days.
[52:41.000 --> 52:48.000]  The newspaper sent me a certification that they notarized and said, take it to the county and record this in there.
[52:48.000 --> 52:49.000]  I take it to the county.
[52:49.000 --> 52:52.000]  The lady will not let me record it in there.
[52:52.000 --> 53:00.000]  So I called the police. Dial 9-1-1 and get the police down there and make a production.
[53:00.000 --> 53:01.000]  Come up there and filled out a police report.
[53:01.000 --> 53:04.000]  And I said, I'm doing a criminal complaint on this lady.
[53:04.000 --> 53:06.000]  She would not record none of this stuff.
[53:06.000 --> 53:11.000]  And so the lady sheriff, I mean, a deputy said, it's not criminal.
[53:11.000 --> 53:14.000]  It can only be civil because she didn't say she was going to beat you up.
[53:14.000 --> 53:16.000]  So she wrote it up as civil.
[53:16.000 --> 53:18.000]  I didn't have that.
[53:18.000 --> 53:19.000]  That happened.
[53:19.000 --> 53:22.000]  And she wouldn't let me record none of this stuff.
[53:22.000 --> 53:29.000]  Okay. Do you have any, did you record any of that or is it just all verbal?
[53:29.000 --> 53:31.000]  That's all verbal.
[53:31.000 --> 53:38.000]  Okay. Do not ever go down to the clerk's office to file another document.
[53:38.000 --> 53:42.000]  Send it certified mail.
[53:42.000 --> 53:43.000]  Okay.
[53:43.000 --> 53:46.000]  Return receipt.
[53:46.000 --> 53:51.000]  Then if they decide not to file it, they have to send it back to you
[53:51.000 --> 53:54.000]  and they'll send you notice that they're not going to file it.
[53:54.000 --> 53:56.000]  Now you've got it in writing.
[53:56.000 --> 53:57.000]  Okay.
[53:57.000 --> 53:59.000]  So send it that way.
[53:59.000 --> 54:00.000]  Okay.
[54:00.000 --> 54:03.000]  And get your documents to me.
[54:03.000 --> 54:06.000]  We'll talk about this offline.
[54:06.000 --> 54:07.000]  We need to move along.
[54:07.000 --> 54:09.000]  We're running out of time.
[54:09.000 --> 54:10.000]  Okay. Here's my final question.
[54:10.000 --> 54:14.000]  Is that a good thing what I ran in a newspaper, you know, like a common law?
[54:14.000 --> 54:16.000]  Yeah, I think it, yes, it is.
[54:16.000 --> 54:17.000]  Okay.
[54:17.000 --> 54:21.000]  I was thinking that was a good idea while you were talking about it.
[54:21.000 --> 54:23.000]  And see, Chase Bank already.
[54:23.000 --> 54:24.000]  Okay. Wait a minute.
[54:24.000 --> 54:25.000]  Wait a minute.
[54:25.000 --> 54:26.000]  I really need to move on.
[54:26.000 --> 54:29.000]  We've got four callers and we're running out of time real fast.
[54:29.000 --> 54:30.000]  Thank you so much, guys.
[54:30.000 --> 54:31.000]  Everyone of you.
[54:31.000 --> 54:32.000]  I love you.
[54:32.000 --> 54:33.000]  Thank you.
[54:33.000 --> 54:34.000]  Okay.
[54:34.000 --> 54:39.000]  Now we're going to go to Marshall in Washington.
[54:39.000 --> 54:41.000]  Hello, Marshall.
[54:41.000 --> 54:42.000]  Good evening.
[54:42.000 --> 54:43.000]  Good evening.
[54:43.000 --> 54:46.000]  What do you have for us today?
[54:46.000 --> 54:47.000]  Okay.
[54:47.000 --> 54:48.000]  A tax issue.
[54:48.000 --> 54:53.000]  In 2010, I moved from Virginia to Washington state.
[54:53.000 --> 54:59.000]  And Virginia doesn't like it when you stop paying taxes just because you moved out of the state.
[54:59.000 --> 55:03.000]  I had an issue with my car taxes and got that resolved.
[55:03.000 --> 55:08.000]  But just recently, I got a notice from the bank in my statement.
[55:08.000 --> 55:18.000]  Virginia took $6,500 out of my bank account because I stopped paying taxes in Virginia that I didn't owe.
[55:18.000 --> 55:20.000]  Wasn't that nice of him.
[55:20.000 --> 55:21.000]  Yeah, very nice.
[55:21.000 --> 55:24.000]  Saved you the trouble of sending it in, huh?
[55:24.000 --> 55:26.000]  Okay.
[55:26.000 --> 55:28.000]  Your question is?
[55:28.000 --> 55:29.000]  There's no court order.
[55:29.000 --> 55:30.000]  There's no court order.
[55:30.000 --> 55:36.000]  It's just a letter was sent to the bank saying send us this money because he owes it.
[55:36.000 --> 55:37.000]  Wait a minute.
[55:37.000 --> 55:38.000]  Hold on.
[55:38.000 --> 55:39.000]  Hold on.
[55:39.000 --> 55:40.000]  Okay.
[55:40.000 --> 55:41.000]  Wait a minute.
[55:41.000 --> 55:46.000]  The bank paid them this money?
[55:46.000 --> 55:50.000]  Did you authorize the bank to pay them this money?
[55:50.000 --> 55:51.000]  I did not.
[55:51.000 --> 55:52.000]  Sue the bank.
[55:52.000 --> 55:55.000]  They just don't have anything to do with Virginia.
[55:55.000 --> 55:58.000]  Virginia didn't do anything wrong.
[55:58.000 --> 56:03.000]  If your bank decided they wanted to send money to Virginia, they can.
[56:03.000 --> 56:08.000]  But they have to take it out of their own pocket, so sue the bank.
[56:08.000 --> 56:09.000]  Okay.
[56:09.000 --> 56:10.000]  Do I sue them?
[56:10.000 --> 56:13.000]  Now, this is a bank in Arkansas and I'm in Washington.
[56:13.000 --> 56:15.000]  Do I sue them in Washington or Arkansas?
[56:15.000 --> 56:16.000]  No.
[56:16.000 --> 56:18.000]  You sue them in the federal court.
[56:18.000 --> 56:22.000]  Diversity of jurisdiction.
[56:22.000 --> 56:25.000]  You sue them in your local federal court.
[56:25.000 --> 56:27.000]  You're in Washington.
[56:27.000 --> 56:31.000]  The Virginia tax authorities, Virginia.
[56:31.000 --> 56:35.000]  The banks in Arkansas, that's diversity of jurisdiction.
[56:35.000 --> 56:39.000]  Sue them in your local federal court.
[56:39.000 --> 56:40.000]  Okay.
[56:40.000 --> 56:44.000]  So there's no action against the state of Virginia?
[56:44.000 --> 56:46.000]  No.
[56:46.000 --> 56:51.000]  I can send you a letter and say, hey, you owe me this much money, pay me this money.
[56:51.000 --> 56:53.000]  If you pay me the money, good.
[56:53.000 --> 56:54.000]  Cool.
[56:54.000 --> 56:56.000]  I didn't do anything wrong.
[56:56.000 --> 56:59.000]  Virginia didn't do anything wrong.
[56:59.000 --> 57:01.000]  They asked the bank to send them this money.
[57:01.000 --> 57:03.000]  They told them they thought they owned it.
[57:03.000 --> 57:05.000]  They had a right to it.
[57:05.000 --> 57:08.000]  Well, they didn't do anything criminally wrong.
[57:08.000 --> 57:11.000]  Your bank sent them that money.
[57:11.000 --> 57:19.000]  If you didn't authorize your bank to send them that money, your bank stole that money from you.
[57:19.000 --> 57:31.000]  Unless there's a contract that you entered into when you opened the account that said the bank can essentially send money to anybody who demands it.
[57:31.000 --> 57:33.000]  And I've never seen one of those.
[57:33.000 --> 57:34.000]  No.
[57:34.000 --> 57:36.000]  So I might accuse you.
[57:36.000 --> 57:37.000]  Okay, hold on.
[57:37.000 --> 57:43.000]  Let's back up to what do you really know?
[57:43.000 --> 57:49.000]  You know, we talked about this earlier today about not stipulating to anything.
[57:49.000 --> 57:53.000]  And I caught myself stipulating.
[57:53.000 --> 57:59.000]  How do you know your bank sent anything to Virginia?
[57:59.000 --> 58:01.000]  I don't know.
[58:01.000 --> 58:02.000]  Right.
[58:02.000 --> 58:06.000]  Your bank said that, but you don't know if that's true or not.
[58:06.000 --> 58:08.000]  Take this issue up with your bank.
[58:08.000 --> 58:11.000]  Make the claim against your bank.
[58:11.000 --> 58:14.000]  They're the one that stole your money.
[58:14.000 --> 58:16.000]  You don't know what they actually did with it.
[58:16.000 --> 58:19.000]  You just know what they said they did with it.
[58:19.000 --> 58:20.000]  Okay, hang on.
[58:20.000 --> 58:22.000]  We're going to top the hour break.
[58:22.000 --> 58:28.000]  This is Randy Kelton, Joe Esquivel, Steve Skidmore, Debra Stevens, Claudio.
[58:28.000 --> 58:31.000]  I see you there, and I'm glad you called in earlier.
[58:31.000 --> 58:36.000]  We always get to Claudio in the very last segment, so this time we'll have some time to it for him.
[58:36.000 --> 58:42.000]  Claudio, Claudio, Claudio, Kevin, Doug, I see you there.
[58:42.000 --> 58:44.000]  We'll get to you.
[58:44.000 --> 58:45.000]  Thank you for calling in.
[58:45.000 --> 58:47.000]  We'll be right back on the other side.
[58:47.000 --> 58:50.000]  Thank you.
[58:50.000 --> 58:54.000]  Would you like to make more definite progress in your walk with God?
[58:54.000 --> 59:01.000]  Bibles for America is offering a free study Bible and a set of free Christian books that can really help.
[59:01.000 --> 59:06.000]  The New Testament Recovery Version is one of the most comprehensive study Bibles available today.
[59:06.000 --> 59:13.000]  It's an accurate translation, and it contains thousands of footnotes that will help you to know God and to know the meaning of life.
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[59:24.000 --> 59:28.000]  growing in Christ, and how to build up the Church.
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[59:34.000 --> 59:41.000]  call Bibles for America toll-free at 888-551-0102.
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[59:50.000 --> 01:00:00.000]  You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:00.000 --> 01:00:07.000]  This is the Liberty Beat, your daily source for Liberty news and activist updates.
[01:00:07.000 --> 01:00:09.000]  Online at thelibertybeat.com.
[01:00:09.000 --> 01:00:14.000]  I'm Brian Hagan with your Liberty Beat for Friday, December 13, 2013.
[01:00:14.000 --> 01:00:17.000]  Gold opened today at $1,231.
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[01:00:45.000 --> 01:00:48.000]  And online at centraltexasgunworks.com.
[01:00:48.000 --> 01:00:52.000]  In the news, an American man who disappeared more than six years ago in Iran
[01:00:52.000 --> 01:00:54.000]  had been working for the CIA.
[01:00:54.000 --> 01:00:58.000]  The Washington Times reports, retired FBI agent Robert Levinson
[01:00:58.000 --> 01:01:02.000]  was involved in a rogue operation that led to a major CIA shakeup.
[01:01:02.000 --> 01:01:06.000]  After he vanished, CIA officials told Congress and closed door hearings,
[01:01:06.000 --> 01:01:11.000]  as well as the FBI, that Levinson did not have a current relationship with the agency.
[01:01:11.000 --> 01:01:15.000]  A new insulator service indicating Levinson was sent to Iran by CIA analysts
[01:01:15.000 --> 01:01:21.000]  who had no authority to run overseas operations.
[01:01:21.000 --> 01:01:25.000]  Thursday evening, the White House said President Obama is concerned with media protests
[01:01:25.000 --> 01:01:28.000]  regarding limited press access to events.
[01:01:28.000 --> 01:01:33.000]  In the past couple of weeks, a number of organizations sent Press Secretary Jay Carney a letter
[01:01:33.000 --> 01:01:37.000]  protesting what they say amounted to nothing more than government propaganda
[01:01:37.000 --> 01:01:44.000]  in the form of pre-approved images taken by the White House staff.
[01:01:44.000 --> 01:01:50.000]  A middle school student in Virginia is suspended for playfully pretending to shoot an arrow at a fellow student.
[01:01:50.000 --> 01:01:55.000]  Along with the suspension, the district has threatened expulsion under the school's weapons policy.
[01:01:55.000 --> 01:01:57.000]  The arrow was imaginary.
[01:01:57.000 --> 01:02:01.000]  The Virginia-based civil liberties organization, the Rutherford Institute, has stepped in.
[01:02:01.000 --> 01:02:06.000]  According to Fox 43, the superintendent has been asked to rescind the suspension
[01:02:06.000 --> 01:02:10.000]  of all references to the incident from the 10-year-old boy's permanent school record.
[01:02:10.000 --> 01:02:14.000]  And a quick reminder, the recently formed Alliance of Austin Aggress
[01:02:14.000 --> 01:02:19.000]  will hold a meet-up Saturday evening from 6 until 10 o'clock at Austin's Brave New Books.
[01:02:19.000 --> 01:02:26.000]  George Donnelly, founder of Shield Mutual, will be the special guest.
[01:02:26.000 --> 01:02:29.000]  Support for The Liberty Beat comes from Cabo Bops.
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[01:02:53.000 --> 01:02:56.000]  This is The Liberty Beat for Friday, December 13th.
[01:02:56.000 --> 01:03:04.000]  Make sure you check out the website at thelibertybeat.com.
[01:03:26.000 --> 01:03:47.000]  We are back.
[01:03:47.000 --> 01:03:53.000]  Randy Catten, Debra Stevens, Joe Esquivel, Steve Skidmore, we were on our radio.
[01:03:53.000 --> 01:03:56.000]  And we were talking to Marshall, but Marshall seems to have dropped off.
[01:03:56.000 --> 01:04:00.000]  Marshall, if you're still listening, we talked about this on the break.
[01:04:00.000 --> 01:04:06.000]  And Joe, will you repeat your remark from the break?
[01:04:06.000 --> 01:04:08.000]  Oh, regarding BK?
[01:04:08.000 --> 01:04:12.000]  No, regarding the bank putting the money back.
[01:04:12.000 --> 01:04:22.000]  Oh, I had a personal situation where money was taken from a family member of mine
[01:04:22.000 --> 01:04:26.000]  because I owed a debt.
[01:04:26.000 --> 01:04:33.000]  However, when I produced evidence showing that the money they took was not theirs,
[01:04:33.000 --> 01:04:38.000]  it was put back very, very fast.
[01:04:38.000 --> 01:04:48.000]  And here, when he shows that he didn't authorize the bank to disperse his funds to the state of Virginia,
[01:04:48.000 --> 01:04:54.000]  it doesn't make any difference what he owed the state of Virginia, whether he owed them or didn't owe them.
[01:04:54.000 --> 01:04:55.000]  Correct.
[01:04:55.000 --> 01:05:02.000]  Those were his funds, and he did not authorize the bank to just give them out to anybody who asked for them.
[01:05:02.000 --> 01:05:06.000]  And he can be pretty sure the bank will put that back.
[01:05:06.000 --> 01:05:11.000]  Okay, we're going to go to Claudio in California.
[01:05:11.000 --> 01:05:13.000]  Hello, Claudio.
[01:05:13.000 --> 01:05:16.000]  Randy, hello.
[01:05:16.000 --> 01:05:19.000]  Okay, what are you up to now?
[01:05:19.000 --> 01:05:20.000]  No, I'm not, Randy.
[01:05:20.000 --> 01:05:23.000]  I was just trying to make sure I was muted out.
[01:05:23.000 --> 01:05:30.000]  I didn't want to bother you, but I guess you called me in because you thought I was trying to come in to call.
[01:05:30.000 --> 01:05:37.000]  However, now that you got me in, I've been chasing you because my brother tells me a lot of good things about you
[01:05:37.000 --> 01:05:41.000]  and Joe Esquivel, and I'm basically chasing Joe Esquivel.
[01:05:41.000 --> 01:05:47.000]  Right now, I don't have a specific question, but meet me out and I'll stand back and listen to you
[01:05:47.000 --> 01:05:50.000]  because you had a very interesting call.
[01:05:50.000 --> 01:05:51.000]  Okay, thank you.
[01:05:51.000 --> 01:05:56.000]  We have another line that we use for a listener line.
[01:05:56.000 --> 01:05:58.000]  I apologize for that.
[01:05:58.000 --> 01:06:00.000]  Okay, no, that's okay.
[01:06:00.000 --> 01:06:05.000]  If you want to listen again, just go to the website and the number is on there.
[01:06:05.000 --> 01:06:06.000]  Steve, do you remember what that number is?
[01:06:06.000 --> 01:06:08.000]  I never have it in my...
[01:06:08.000 --> 01:06:10.000]  I do not.
[01:06:10.000 --> 01:06:12.000]  I never remember that number.
[01:06:12.000 --> 01:06:14.000]  I'll go to the website and get it.
[01:06:14.000 --> 01:06:19.000]  Okay, but it is on the website and that way it doesn't come up on my call board.
[01:06:19.000 --> 01:06:22.000]  Okay, but just stay there, Claudio.
[01:06:22.000 --> 01:06:23.000]  Thank you.
[01:06:23.000 --> 01:06:30.000]  Okay, we're going to go to Kevin in Illinois.
[01:06:30.000 --> 01:06:32.000]  Hello, Kevin.
[01:06:32.000 --> 01:06:34.000]  Hey, Randy, how are you?
[01:06:34.000 --> 01:06:36.000]  I am good.
[01:06:36.000 --> 01:06:39.000]  What do you have for us today?
[01:06:39.000 --> 01:06:45.000]  Well, I was just calling just to talk a little bit about my situation that we were at
[01:06:45.000 --> 01:06:54.000]  with their refiling this complaint.
[01:06:54.000 --> 01:06:59.000]  And basically it's almost identical to the original complaint.
[01:06:59.000 --> 01:07:03.000]  And just wanted you to expand a little bit more.
[01:07:03.000 --> 01:07:06.000]  I know you didn't have time when we were talking
[01:07:06.000 --> 01:07:09.000]  and just what your thoughts are on it.
[01:07:09.000 --> 01:07:11.000]  And then I've been trying to look for a lawyer,
[01:07:11.000 --> 01:07:15.000]  but it's been a little bit unsuccessful so far.
[01:07:15.000 --> 01:07:19.000]  But I've got a couple of guys that I'm still going to pursue.
[01:07:19.000 --> 01:07:22.000]  Okay, okay.
[01:07:22.000 --> 01:07:23.000]  Okay, hold on, Kevin.
[01:07:23.000 --> 01:07:26.000]  Let me give everybody kind of bring them up to speed.
[01:07:26.000 --> 01:07:30.000]  Kevin's in foreclosure in Illinois.
[01:07:30.000 --> 01:07:34.000]  It's a judicial state.
[01:07:34.000 --> 01:07:40.000]  The law firm filed a foreclosure action in the state.
[01:07:40.000 --> 01:07:49.000]  Kevin filed an answer and counterclaim.
[01:07:49.000 --> 01:07:53.000]  Since Kevin came to me late, I didn't have time to do all the research,
[01:07:53.000 --> 01:07:55.000]  and this was a state issue.
[01:07:55.000 --> 01:08:00.000]  So I generally don't have all the state law.
[01:08:00.000 --> 01:08:04.000]  We crafted ours for federal so we could do one set of law
[01:08:04.000 --> 01:08:06.000]  and pretty well handle each state.
[01:08:06.000 --> 01:08:11.000]  So we're not as well documented for each state.
[01:08:11.000 --> 01:08:18.000]  So I took a really happy to write up an answer and used what law I had.
[01:08:18.000 --> 01:08:23.000]  Some of it was Illinois, but most of it was other law in other places,
[01:08:23.000 --> 01:08:26.000]  but it's fairly generic law.
[01:08:26.000 --> 01:08:29.000]  So we filed it, and the other lawyer came back whining and crying
[01:08:29.000 --> 01:08:35.000]  because the answer was not all in Illinois law.
[01:08:35.000 --> 01:08:36.000]  Correct.
[01:08:36.000 --> 01:08:40.000]  Will you explain that, Kevin, what went on in the court?
[01:08:40.000 --> 01:08:45.000]  So I didn't even have to say anything.
[01:08:45.000 --> 01:08:48.000]  The judge pretty much handled the whole situation.
[01:08:48.000 --> 01:08:54.000]  But he was, yeah, he just kept writing, this is California law,
[01:08:54.000 --> 01:08:57.000]  and it doesn't have anything, excuse me,
[01:08:57.000 --> 01:09:01.000]  it doesn't have anything to do with Illinois statutes.
[01:09:01.000 --> 01:09:05.000]  And so he just, you know, he went on.
[01:09:05.000 --> 01:09:12.000]  But he wanted to, and this was the last time he was in court,
[01:09:12.000 --> 01:09:18.000]  when we filed our motion.
[01:09:18.000 --> 01:09:19.000]  Wait a minute, Kevin.
[01:09:19.000 --> 01:09:21.000]  You're going to confuse everybody.
[01:09:21.000 --> 01:09:23.000]  Okay.
[01:09:23.000 --> 01:09:25.000]  One direction.
[01:09:25.000 --> 01:09:31.000]  You got a petition, an answer, and counterclaim.
[01:09:31.000 --> 01:09:34.000]  The lawyer comes in griping that it's not in Illinois law.
[01:09:34.000 --> 01:09:37.000]  What did the judge tell you?
[01:09:37.000 --> 01:09:42.000]  He said that, well, we need to focus on a couple of things here,
[01:09:42.000 --> 01:09:48.000]  and that is that you still need to show that you have standing in order
[01:09:48.000 --> 01:09:53.000]  to close on this, more, you know, to go into foreclosure.
[01:09:53.000 --> 01:09:59.000]  And he said, well, would a affidavit be sufficient?
[01:09:59.000 --> 01:10:04.000]  And the judge said, yes, you'd need to produce this affidavit.
[01:10:04.000 --> 01:10:07.000]  And, you know, I'll grant you time to do this.
[01:10:07.000 --> 01:10:10.000]  And he gave him 21 days to do this.
[01:10:10.000 --> 01:10:16.000]  And then they came back with their amended complaint,
[01:10:16.000 --> 01:10:19.000]  and the amended complaint really just,
[01:10:19.000 --> 01:10:25.000]  completely just copied the original complaint in a lesser form.
[01:10:25.000 --> 01:10:31.000]  And they also added exhibits in it
[01:10:31.000 --> 01:10:35.000]  and didn't produce the exhibits in what they sent me.
[01:10:35.000 --> 01:10:38.000]  And nor did they produce an affidavit at all.
[01:10:38.000 --> 01:10:42.000]  And so this is where we're at right now.
[01:10:42.000 --> 01:10:43.000]  Okay.
[01:10:43.000 --> 01:10:48.000]  What they did is when they filed the amended pleading,
[01:10:48.000 --> 01:10:54.000]  the amended pleading replaces the original pleading.
[01:10:54.000 --> 01:10:59.000]  And generally the court will allow you one amended pleading.
[01:10:59.000 --> 01:11:05.000]  Well, they filed an amended pleading with no substantial differences.
[01:11:05.000 --> 01:11:08.000]  They didn't amend anything.
[01:11:08.000 --> 01:11:13.000]  So they filed the amended pleading as an,
[01:11:13.000 --> 01:11:17.000]  for the purpose of delay for delay's sake.
[01:11:17.000 --> 01:11:20.000]  They had 21 days to get in the affidavit.
[01:11:20.000 --> 01:11:22.000]  They did not get in the affidavit.
[01:11:22.000 --> 01:11:27.000]  So to buy time, they filed an amended pleading.
[01:11:27.000 --> 01:11:29.000]  But they didn't amend anything.
[01:11:29.000 --> 01:11:33.000]  So we're going to go back with a motion for sanctions,
[01:11:33.000 --> 01:11:40.000]  motion to strike the amended pleading as frivolous,
[01:11:40.000 --> 01:11:44.000]  as it amends nothing from the original suit
[01:11:44.000 --> 01:11:48.000]  and an attempt to delay the court for delay's sake
[01:11:48.000 --> 01:11:51.000]  will file bar grievances against the lawyer
[01:11:51.000 --> 01:11:54.000]  and ask the court for default judgment
[01:11:54.000 --> 01:11:59.000]  for their failure to produce the affidavit.
[01:11:59.000 --> 01:12:06.000]  Did they produce a copy of the debt instrument, Randy?
[01:12:06.000 --> 01:12:07.000]  Kevin?
[01:12:07.000 --> 01:12:09.000]  Not the second time, no.
[01:12:09.000 --> 01:12:12.000]  No, the amended pleading doesn't.
[01:12:12.000 --> 01:12:14.000]  It shows the property address
[01:12:14.000 --> 01:12:22.000]  and it shows the legal description of the property
[01:12:22.000 --> 01:12:25.000]  and it shows the principal and the interest
[01:12:25.000 --> 01:12:27.000]  and just different things,
[01:12:27.000 --> 01:12:30.000]  but it doesn't have the mortgage attached to it either.
[01:12:30.000 --> 01:12:31.000]  Well, it's not.
[01:12:31.000 --> 01:12:35.000]  It's the debt instrument which you're looking to be entered into court
[01:12:35.000 --> 01:12:37.000]  that they're having a claim on.
[01:12:37.000 --> 01:12:38.000]  The note.
[01:12:38.000 --> 01:12:41.000]  The tangible promissory note.
[01:12:41.000 --> 01:12:46.000]  They did not attach that to this complaint, no.
[01:12:46.000 --> 01:12:49.000]  So that is just a hearsay claim.
[01:12:49.000 --> 01:12:53.000]  Is it in the exhibit list?
[01:12:53.000 --> 01:13:02.000]  Okay, exhibit list here states complaint for closure to mortgage.
[01:13:02.000 --> 01:13:05.000]  It says attached exhibit A is a copy to mortgage
[01:13:05.000 --> 01:13:11.000]  and exhibit B is a copy of the adjustable rate note.
[01:13:11.000 --> 01:13:12.000]  There you go.
[01:13:12.000 --> 01:13:13.000]  Okay.
[01:13:13.000 --> 01:13:14.000]  You need to go to the courthouse
[01:13:14.000 --> 01:13:20.000]  and get a copy of that amended pleading with the exhibit.
[01:13:20.000 --> 01:13:23.000]  Yeah, they were required to serve that on you.
[01:13:23.000 --> 01:13:27.000]  So that's an argument you can make when you go back
[01:13:27.000 --> 01:13:33.000]  and move to strike as they fail to serve you
[01:13:33.000 --> 01:13:36.000]  with the complete document.
[01:13:36.000 --> 01:13:37.000]  Correct.
[01:13:37.000 --> 01:13:40.000]  Randy, there's another issue that comes to mind.
[01:13:40.000 --> 01:13:49.000]  Is there some type of penalty that the attorney for the bank could suffer
[01:13:49.000 --> 01:13:53.000]  having not followed court instruction?
[01:13:53.000 --> 01:13:57.000]  He asked for an opportunity to put in an affidavit
[01:13:57.000 --> 01:13:59.000]  and then he didn't put in an affidavit.
[01:13:59.000 --> 01:14:00.000]  Now what?
[01:14:00.000 --> 01:14:05.000]  Right, now we move for summary judgment.
[01:14:05.000 --> 01:14:07.000]  That was we moved to strike.
[01:14:07.000 --> 01:14:15.000]  He filed an amended pleading in order to make the first complaint go away.
[01:14:15.000 --> 01:14:16.000]  Right.
[01:14:16.000 --> 01:14:20.000]  So that would tend to make the order go away.
[01:14:20.000 --> 01:14:23.000]  We're going to come back and move to strike the amended pleading
[01:14:23.000 --> 01:14:28.000]  as it is substantially the same as the original
[01:14:28.000 --> 01:14:33.000]  that was filed simply for delay's sake.
[01:14:33.000 --> 01:14:37.000]  Ask for sanctions against the lawyer for filing it
[01:14:37.000 --> 01:14:42.000]  and then ask for a default judgment for failure to provide the affidavit.
[01:14:42.000 --> 01:14:48.000]  When you ask for sanctions, should that be in the same document
[01:14:48.000 --> 01:14:50.000]  or is that a separate motion?
[01:14:50.000 --> 01:14:54.000]  No, that could all be in all your you can file one motion
[01:14:54.000 --> 01:14:56.000]  and file all your issues in one motion.
[01:14:56.000 --> 01:14:57.000]  Okay.
[01:14:57.000 --> 01:15:02.000]  As long as you understand the difference between motions and pleadings.
[01:15:02.000 --> 01:15:04.000]  Now there are three pleadings.
[01:15:04.000 --> 01:15:07.000]  The challenge subject matter of jurisdiction, double jeopardy,
[01:15:07.000 --> 01:15:10.000]  and oh I forget the other one.
[01:15:10.000 --> 01:15:13.000]  There's another one that's almost never, oh jurisdiction.
[01:15:13.000 --> 01:15:16.000]  I mean not jurisdiction, convenient.
[01:15:16.000 --> 01:15:18.000]  Those are pleadings.
[01:15:18.000 --> 01:15:25.000]  This is motions of where you ask the judge to do something.
[01:15:25.000 --> 01:15:31.000]  Private pleadings tend to, original complaints of pleading,
[01:15:31.000 --> 01:15:34.000]  a challenge to subject matter of jurisdiction is a pleading.
[01:15:34.000 --> 01:15:39.000]  It's not a motion in that you're not asking the court to rule something.
[01:15:39.000 --> 01:15:42.000]  You're telling the court you don't have any power to rule
[01:15:42.000 --> 01:15:47.000]  or a claim of double jeopardy is also saying that the court has no jurisdiction.
[01:15:47.000 --> 01:15:50.000]  So if you file a motion, anything that is a motion,
[01:15:50.000 --> 01:15:52.000]  they can all go in one document.
[01:15:52.000 --> 01:15:58.000]  It's not always a good idea because the courts tend to rule on,
[01:15:58.000 --> 01:16:01.000]  if you have multiple things in one document,
[01:16:01.000 --> 01:16:06.000]  they tend to rule on the ones they want to and ignore the rest.
[01:16:06.000 --> 01:16:14.000]  So I tend to put one issue in one motion so that they all have,
[01:16:14.000 --> 01:16:18.000]  each has to be heard separately.
[01:16:18.000 --> 01:16:23.000]  That way he doesn't get to ignore one of them.
[01:16:23.000 --> 01:16:30.000]  But here we'll do, we could put the sanctions and motion for default judgment
[01:16:30.000 --> 01:16:32.000]  all in one document, motion to strike,
[01:16:32.000 --> 01:16:35.000]  but we will do that each in a separate document
[01:16:35.000 --> 01:16:40.000]  because we want to rule on each one separate.
[01:16:40.000 --> 01:16:41.000]  Okay.
[01:16:41.000 --> 01:16:42.000]  Very good.
[01:16:42.000 --> 01:16:44.000]  Okay, hang on Kevin.
[01:16:44.000 --> 01:16:45.000]  Okay.
[01:16:45.000 --> 01:16:46.000]  We're about to go to break.
[01:16:46.000 --> 01:16:52.000]  This is Randy Kelton, Deborah Stevens, Joe Esquivel, Steve Skidmore.
[01:16:52.000 --> 01:16:56.000]  Our call in number 512-646-1984.
[01:16:56.000 --> 01:17:00.000]  We'll be right back.
[01:17:00.000 --> 01:17:02.000]  At Logos Radio Network,
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[01:19:00.000 --> 01:19:11.000]  This is the Logos Radio Network.
[01:19:31.000 --> 01:19:33.000]  Okay, we are back.
[01:19:33.000 --> 01:19:38.000]  Randy Kelton, Devin Stevens, Joe Esquivel, Steve Skidmore, Real Law Radio,
[01:19:38.000 --> 01:19:42.000]  and we're talking to Kevin in Illinois.
[01:19:42.000 --> 01:19:46.000]  Okay, Kevin, now we talked about over the break about motions,
[01:19:46.000 --> 01:19:50.000]  putting everything in one or separating them.
[01:19:50.000 --> 01:19:53.000]  You can put them all together.
[01:19:53.000 --> 01:20:01.000]  I don't do that because I've had the judge rule on the issue he wanted to
[01:20:01.000 --> 01:20:08.000]  and ignore all the rest in a motion where they will deny one issue of the motion
[01:20:08.000 --> 01:20:11.000]  and then just move on to the next document.
[01:20:11.000 --> 01:20:19.000]  So in order to keep them from doing that, I put every issue in a separate motion.
[01:20:19.000 --> 01:20:28.000]  I don't care if it uses up more paper and I waste a tree or two without planning another one.
[01:20:28.000 --> 01:20:32.000]  But any other questions on yours, Kevin?
[01:20:32.000 --> 01:20:37.000]  When we go for summary judgment then, we follow that motion
[01:20:37.000 --> 01:20:40.000]  or we know of the motions that we're going to file.
[01:20:40.000 --> 01:20:46.000]  What is going to be their counter to us, just trying to strike all those motions?
[01:20:46.000 --> 01:20:50.000]  And are they going to try to move the court date forward
[01:20:50.000 --> 01:20:52.000]  or are we going to keep the things?
[01:20:52.000 --> 01:20:55.000]  Okay, I have no idea what they will do.
[01:20:55.000 --> 01:20:59.000]  They'll try to come up with some argument.
[01:20:59.000 --> 01:21:05.000]  But since you're pro se, I don't think they expect you to come back at them
[01:21:05.000 --> 01:21:09.000]  for sanctions and summary judgment.
[01:21:09.000 --> 01:21:16.000]  I would expect, they're going to expect you to answer this second pleading.
[01:21:16.000 --> 01:21:22.000]  And then when you come back with a motion to strike,
[01:21:22.000 --> 01:21:27.000]  so the motion to strike essentially is like a Rule 12,
[01:21:27.000 --> 01:21:32.000]  then it stops the time you have to answer.
[01:21:32.000 --> 01:21:37.000]  So it won't matter because if you do the motion to strike,
[01:21:37.000 --> 01:21:41.000]  they're going to count up the days and then they're going to ask for summary judgment
[01:21:41.000 --> 01:21:45.000]  because you didn't answer while you were moving to strike the motion.
[01:21:45.000 --> 01:21:49.000]  This is sharp practice.
[01:21:49.000 --> 01:21:54.000]  They don't have a good argument, they don't have a position,
[01:21:54.000 --> 01:22:00.000]  so they're just trying to do a little song and dance and seltzer down your pants.
[01:22:00.000 --> 01:22:06.000]  So we have to be careful so that we don't get caught up in the dance
[01:22:06.000 --> 01:22:12.000]  and we don't argue the issues they bring but argue the fact that they brought them.
[01:22:12.000 --> 01:22:17.000]  And how does an attorney fit into our program right now with me,
[01:22:17.000 --> 01:22:21.000]  just knowing that the judge would...
[01:22:21.000 --> 01:22:29.000]  Yeah, here an attorney would do better because the judge is going to rule against this law firm.
[01:22:29.000 --> 01:22:34.000]  And he sees these guys all the time, he knows these guys.
[01:22:34.000 --> 01:22:37.000]  And this is not just them getting a ruling against them,
[01:22:37.000 --> 01:22:45.000]  this is a major embarrassment for them to lose to a chump polack pro se.
[01:22:45.000 --> 01:22:51.000]  You know, he's not going to want to embarrass this other lawyer.
[01:22:51.000 --> 01:22:56.000]  And that may not be right but it's a human being.
[01:22:56.000 --> 01:23:03.000]  When we got them, you pretty well got these guys and you caught them acting ignorant.
[01:23:03.000 --> 01:23:06.000]  You want to win the case.
[01:23:06.000 --> 01:23:13.000]  So here we want, the only reason we need the lawyer is to avoid the pro se bias.
[01:23:13.000 --> 01:23:15.000]  And that's all.
[01:23:15.000 --> 01:23:18.000]  The lawyer will look at this and he'll know immediately what to do.
[01:23:18.000 --> 01:23:24.000]  This is not hard to figure out here that when one lawyer,
[01:23:24.000 --> 01:23:28.000]  when the lawyer goes to the judge and complains that this is a frivolous pleading,
[01:23:28.000 --> 01:23:34.000]  the other lawyer is not going to have an effective way of arguing out from under him.
[01:23:34.000 --> 01:23:37.000]  But the pro se bias is real.
[01:23:37.000 --> 01:23:39.000]  Let me add something to that too, Randy.
[01:23:39.000 --> 01:23:46.000]  If you're going in bareback or you're going in with an attorney, either way,
[01:23:46.000 --> 01:23:49.000]  you got to look at your attorney like a tool.
[01:23:49.000 --> 01:23:52.000]  See him as a tool, use him as a tool.
[01:23:52.000 --> 01:23:54.000]  If you don't know how to use an attorney as a tool,
[01:23:54.000 --> 01:23:59.000]  go to rule of law radio and on the front page, order Juris Dictionary.
[01:23:59.000 --> 01:24:04.000]  That is an owner's manual to an attorney.
[01:24:04.000 --> 01:24:06.000]  Attorneys don't come with owner's manual.
[01:24:06.000 --> 01:24:08.000]  You got to get them separate.
[01:24:08.000 --> 01:24:14.000]  But Juris Dictionary will teach you how to use that attorney as a tool.
[01:24:14.000 --> 01:24:15.000]  Okay.
[01:24:15.000 --> 01:24:17.000]  It's indispensable.
[01:24:17.000 --> 01:24:18.000]  Okay.
[01:24:18.000 --> 01:24:21.000]  Speaking of our webpage, you want to tell what else we have on our webpage.
[01:24:21.000 --> 01:24:22.000]  It's all kinds of stuff on the webpage.
[01:24:22.000 --> 01:24:24.000]  Yes, absolutely, folks.
[01:24:24.000 --> 01:24:30.000]  Go to rule of law radio and please, please, please take advantage of our sponsors.
[01:24:30.000 --> 01:24:34.000]  There's a lot of things there that will add value to your lives
[01:24:34.000 --> 01:24:36.000]  and it will also help support the radio station.
[01:24:36.000 --> 01:24:37.000]  Yeah.
[01:24:37.000 --> 01:24:40.000]  And also go to Logos Radio Network.
[01:24:40.000 --> 01:24:47.000]  Deborah has put in a lot of time recently completely reworking that website.
[01:24:47.000 --> 01:24:52.000]  And it'll have everything on it that rule of law radio does.
[01:24:52.000 --> 01:24:56.000]  So go there and tell Deborah what a great job she did.
[01:24:56.000 --> 01:24:58.000]  It makes you feel better.
[01:24:58.000 --> 01:25:01.000]  She puts in a lot of work on these things.
[01:25:01.000 --> 01:25:06.000]  And, you know, mostly we do this work in a room by ourselves
[01:25:06.000 --> 01:25:10.000]  and it gets kind of lonesome and onerous sometimes.
[01:25:10.000 --> 01:25:16.000]  It's real nice to know that people appreciate our work.
[01:25:16.000 --> 01:25:20.000]  Okay, Kevin, do you have anything, any other questions or comments?
[01:25:20.000 --> 01:25:24.000]  I just want to let you know I appreciate all you and appreciate you, Randy,
[01:25:24.000 --> 01:25:27.000]  and everything you did for me and are doing for me.
[01:25:27.000 --> 01:25:31.000]  And it goes through my family appreciates it and everything else.
[01:25:31.000 --> 01:25:33.000]  So thank you, guys.
[01:25:33.000 --> 01:25:34.000]  Okay.
[01:25:34.000 --> 01:25:37.000]  Make sure you, I'm going to be out of pocket over the weekend,
[01:25:37.000 --> 01:25:41.000]  but make sure you get a hold of me Monday and I'll get you some documents out.
[01:25:41.000 --> 01:25:42.000]  Okay.
[01:25:42.000 --> 01:25:46.000]  Yours is actually going to be relatively simple to put together.
[01:25:46.000 --> 01:25:47.000]  Okay.
[01:25:47.000 --> 01:25:48.000]  Okay.
[01:25:48.000 --> 01:25:49.000]  Thank you, Kevin.
[01:25:49.000 --> 01:25:52.000]  Now we're going to go to Israel and California.
[01:25:52.000 --> 01:25:53.000]  Hello, Israel.
[01:25:53.000 --> 01:25:55.000]  What do you have for us today?
[01:25:55.000 --> 01:25:56.000]  I'm sorry.
[01:25:56.000 --> 01:25:57.000]  I'm glad.
[01:25:57.000 --> 01:25:59.000]  I thought I wasn't going to talk to you guys.
[01:25:59.000 --> 01:26:02.000]  Thank you much for taking my call.
[01:26:02.000 --> 01:26:04.000]  I've been working with David.
[01:26:04.000 --> 01:26:11.000]  My house is going to be for sale on the 24th at 1030 a.m.
[01:26:11.000 --> 01:26:16.000]  We already sent the torque letters to Green Tree.
[01:26:16.000 --> 01:26:20.000]  Recon Trust is the one who's doing the selling.
[01:26:20.000 --> 01:26:30.000]  And I'm kind of excited and kind of sleepless somehow because this was my understanding
[01:26:30.000 --> 01:26:35.000]  that they were supposed to send me a notice of, how you call it,
[01:26:35.000 --> 01:26:38.000]  a notice of acceleration prior.
[01:26:38.000 --> 01:26:43.000]  A notice of acceleration, a notice of default, and a notice of acceleration.
[01:26:43.000 --> 01:26:48.000]  There's supposed to be a notice of default and opportunity to cure.
[01:26:48.000 --> 01:26:53.000]  And they have to tell you how much it would take to cure the default.
[01:26:53.000 --> 01:26:55.000]  And then when you don't...
[01:26:55.000 --> 01:26:58.000]  I never said that, Randy.
[01:26:58.000 --> 01:27:01.000]  Wait.
[01:27:01.000 --> 01:27:02.000]  Say that again.
[01:27:02.000 --> 01:27:03.000]  You kind of broke up.
[01:27:03.000 --> 01:27:08.000]  Okay.
[01:27:08.000 --> 01:27:11.000]  The original lender was Countrywide, solid to Bank of America,
[01:27:11.000 --> 01:27:16.000]  and then Bank of America, solid to Green Tree.
[01:27:16.000 --> 01:27:18.000]  Those are just servicing rights.
[01:27:18.000 --> 01:27:20.000]  That's all they are.
[01:27:20.000 --> 01:27:21.000]  Yes.
[01:27:21.000 --> 01:27:26.000]  The original lender, I mean, the owner is the Fannie Mae.
[01:27:26.000 --> 01:27:28.000]  Fannie Mae is an investor.
[01:27:28.000 --> 01:27:32.000]  Fannie Mae just purchased your intangible payment obligation.
[01:27:32.000 --> 01:27:37.000]  That's great if you're with Fannie Mae because you can show that Fannie Mae
[01:27:37.000 --> 01:27:40.000]  had purchased an interest of your mortgage loan instrument.
[01:27:40.000 --> 01:27:43.000]  They did not purchase your tangible promissory note.
[01:27:43.000 --> 01:27:45.000]  They did not...
[01:27:45.000 --> 01:27:49.000]  They are not filed into public record.
[01:27:49.000 --> 01:27:54.000]  And because Bank of America is coming forth as plaintiff, all right,
[01:27:54.000 --> 01:27:58.000]  or Green Tree or Recon Trust, all right,
[01:27:58.000 --> 01:28:04.000]  they're not going to be able to show that they are peaked, person entitled to enforce.
[01:28:04.000 --> 01:28:06.000]  They can't show that they've been harmed either.
[01:28:06.000 --> 01:28:07.000]  No.
[01:28:07.000 --> 01:28:15.000]  Without showing injury, you have no standing.
[01:28:15.000 --> 01:28:18.000]  So for Fannie Mae, you're in...
[01:28:18.000 --> 01:28:23.000]  When they say your property is going to go for sale, all right,
[01:28:23.000 --> 01:28:29.000]  well, they're going to claim that Fannie Mae is a qualified bidder.
[01:28:29.000 --> 01:28:33.000]  However, what I would do is I would ask the trustee,
[01:28:33.000 --> 01:28:38.000]  listen, you know, if they claim that Fannie Mae is a qualified bidder,
[01:28:38.000 --> 01:28:42.000]  how come Fannie Mae isn't listed into public record?
[01:28:42.000 --> 01:28:47.000]  How come Fannie Mae is not listed anywhere on any of my documents?
[01:28:47.000 --> 01:28:51.000]  They're claiming an interest of your mortgage loan instrument.
[01:28:51.000 --> 01:28:53.000]  That's it.
[01:28:53.000 --> 01:28:56.000]  It's just a claim.
[01:28:56.000 --> 01:28:57.000]  Okay.
[01:28:57.000 --> 01:28:58.000]  Okay.
[01:28:58.000 --> 01:29:06.000]  What we will do is I got some documentation from you today is we'll file an action
[01:29:06.000 --> 01:29:12.000]  and then we give notice to the trustee that an action has been filed.
[01:29:12.000 --> 01:29:17.000]  That way, if the trustee goes ahead and makes the sale,
[01:29:17.000 --> 01:29:20.000]  then you can sue the trustee directly.
[01:29:20.000 --> 01:29:24.000]  Trustees think that they're immune from suit,
[01:29:24.000 --> 01:29:28.000]  and they are immune from suit if they act in good faith.
[01:29:28.000 --> 01:29:37.000]  However, when you notify the trustee that there are improprieties in the action,
[01:29:37.000 --> 01:29:40.000]  then he's no longer protected and he can be sued.
[01:29:40.000 --> 01:29:44.000]  Generally, when you do that, they'll jerk it off the sale really, really fast.
[01:29:44.000 --> 01:29:48.000]  Hang on, Randy Kelton, Deborah Stevens, rules with my radio.
[01:29:48.000 --> 01:29:53.000]  I'll call in number 512-646-1984.
[01:29:53.000 --> 01:30:03.000]  We will be right back on the other side.
[01:30:03.000 --> 01:30:07.000]  Women have far scarier nightmares than men, dreams so intense
[01:30:07.000 --> 01:30:11.000]  we can describe them in terrifying detail when we jolt awake.
[01:30:11.000 --> 01:30:16.000]  I'm Dr. Catherine Albrecht, and I'll tell you how sleep experts explain this in a moment.
[01:30:16.000 --> 01:30:18.000]  Privacy is under attack.
[01:30:18.000 --> 01:30:21.000]  When you give up data about yourself, you'll never get it back again.
[01:30:21.000 --> 01:30:26.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:26.000 --> 01:30:31.000]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:30:31.000 --> 01:30:34.000]  Privacy, it's worth hanging on to.
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[01:30:45.000 --> 01:30:47.000]  A giant monster is gaining on you.
[01:30:47.000 --> 01:30:51.000]  Its jaws are opening, you see its fangs, then bam, you're awake.
[01:30:51.000 --> 01:30:56.000]  Phew, not to worry, you just had one of those Friday the 13th nightmares again.
[01:30:56.000 --> 01:30:58.000]  Nightmares, everybody gets them.
[01:30:58.000 --> 01:31:03.000]  But one study in England finds that women have twice as many terrifying dreams as men.
[01:31:03.000 --> 01:31:04.000]  Why the disparity?
[01:31:04.000 --> 01:31:09.000]  Scientists say it's because women have trouble switching off emotions when they go to bed.
[01:31:09.000 --> 01:31:13.000]  For them, dreaming is a subconscious way to prepare for bad stuff ahead.
[01:31:13.000 --> 01:31:17.000]  So guys, the next time your wife wakes up in a cold sweat, cut her some slack.
[01:31:17.000 --> 01:31:20.000]  A little extra TLC might be in order.
[01:31:20.000 --> 01:31:31.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31:31.000 --> 01:31:32.000]  I lost my son.
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[01:33:02.000 --> 01:33:05.000]  You are listening to the Logos Radio Network.
[01:33:05.000 --> 01:33:30.000]  LogosRadioNetwork.com
[01:33:35.000 --> 01:33:49.000]  OK, we are back with Randy Kelton, Doug Stephens, Joe Esquivel, Steve Stidmark, and the Logos Radio.
[01:33:49.000 --> 01:33:56.000]  We are talking to the, I think we are done with Kevin, oh no, we are talking about Israel.
[01:33:56.000 --> 01:34:06.000]  OK, Steve, you had something you wanted to jump in here on about the red folder trick.
[01:34:06.000 --> 01:34:09.000]  Yes, Israel, are you aware of the red folder trick?
[01:34:09.000 --> 01:34:12.000]  I'm aware of that, yes I am.
[01:34:12.000 --> 01:34:13.000]  OK.
[01:34:13.000 --> 01:34:21.000]  I don't mean to be, I know you have your time and whatever, however, I want to explain this to you,
[01:34:21.000 --> 01:34:30.000]  that when it was, I was expecting, the way I understand it, that was, the way it was explained to me,
[01:34:30.000 --> 01:34:40.000]  because Bank of America transferred to another servicer, Green 3, I was supposed to get a notice of intent to accelerate.
[01:34:40.000 --> 01:34:48.000]  I send the first letter, the, for them to show me that they are the owner, blah, blah, blah,
[01:34:48.000 --> 01:34:53.000]  then I send the second letter to B of A, to Green 3, Recon Trust.
[01:34:53.000 --> 01:34:59.000]  Green 3 answered me, letting me know that they would respond to me on November 12,
[01:34:59.000 --> 01:35:04.000]  and then they told me that they were going to respond to me on November, on December 12.
[01:35:04.000 --> 01:35:10.000]  Bank of America has an attorney named Blank, something Blank.
[01:35:10.000 --> 01:35:12.000]  Blank Robe.
[01:35:12.000 --> 01:35:18.000]  Exactly, and they told me that they were not going to be able to show all the information,
[01:35:18.000 --> 01:35:22.000]  because this is for them to keep straight records,
[01:35:22.000 --> 01:35:27.000]  and they were not going to show me the original deed of trust and whatever.
[01:35:27.000 --> 01:35:28.000]  OK.
[01:35:28.000 --> 01:35:40.000]  But Green 3 said they will, and then I received on December 3, the notice of trust itself.
[01:35:40.000 --> 01:35:45.000]  So somehow for the listeners, or your audience, or for you guys,
[01:35:45.000 --> 01:35:49.000]  I'm sure you guys know that the bank can do whatever they want to.
[01:35:49.000 --> 01:35:52.000]  They never send me an intent to accelerate notice.
[01:35:52.000 --> 01:35:58.000]  They just send me the notice of trust itself, which is on November 24.
[01:35:58.000 --> 01:36:00.000]  OK, Israel.
[01:36:00.000 --> 01:36:01.000]  Yes, sir.
[01:36:01.000 --> 01:36:04.000]  There's some basic things to understand.
[01:36:04.000 --> 01:36:08.000]  It makes this a whole lot easier.
[01:36:08.000 --> 01:36:15.000]  You can expect the banks to be totally and absolutely corrupt.
[01:36:15.000 --> 01:36:17.000]  OK.
[01:36:17.000 --> 01:36:28.000]  They think that they have the courts bought and paid for, and for the most part they do.
[01:36:28.000 --> 01:36:32.000]  You can expect the courts to be totally corrupt.
[01:36:32.000 --> 01:36:38.000]  You can expect the court to rule against you out of hand at every turn.
[01:36:38.000 --> 01:36:40.000]  We don't care.
[01:36:40.000 --> 01:36:50.000]  This is the trial court, and the only purpose of the trial court is to set the record for a deal.
[01:36:50.000 --> 01:37:00.000]  When you ask the bank to do something the law requires the bank to do, and they don't do it, do not get upset.
[01:37:00.000 --> 01:37:03.000]  There's a rule that we try to follow.
[01:37:03.000 --> 01:37:12.000]  Never ask somebody to do something you actually want them to do,
[01:37:12.000 --> 01:37:21.000]  because you never ask them to do anything that they are not required to do.
[01:37:21.000 --> 01:37:27.000]  So when they fail to do what they're required to do, you get a claim against them.
[01:37:27.000 --> 01:37:37.000]  In this case, the big servicer said that they couldn't make the original instrument available,
[01:37:37.000 --> 01:37:41.000]  because they had to maintain that.
[01:37:41.000 --> 01:37:47.000]  Well, the reason they have to maintain it is 3-501.
[01:37:47.000 --> 01:38:01.000]  Uniform Commercial Code says that if the debtor makes a presentment to the creditor demanding payment of United States dollars,
[01:38:01.000 --> 01:38:14.000]  and the debtor demands production of the original security, the original debt instrument,
[01:38:14.000 --> 01:38:22.000]  the creditor must make the instrument available for inspection by the debtor.
[01:38:22.000 --> 01:38:26.000]  He don't have to give it to you, he has to show it to you.
[01:38:26.000 --> 01:38:28.000]  That's why they have to keep it.
[01:38:28.000 --> 01:38:34.000]  They have to have it available so when you ask for it they can show it to you.
[01:38:34.000 --> 01:38:42.000]  Now they just said they had to keep it so that if necessary they could produce it.
[01:38:42.000 --> 01:38:44.000]  Well, you ask them to produce it.
[01:38:44.000 --> 01:38:52.000]  If they fail to produce it, according to the Uniform Commercial Code, you may seesaw payments without dishonor.
[01:38:52.000 --> 01:39:03.000]  So while they're not statutorily stopped from further collections, you are authorized to seesaw payment.
[01:39:03.000 --> 01:39:10.000]  So if they don't do what they're supposed to do, it just gives you more claims.
[01:39:10.000 --> 01:39:21.000]  Don't let them not doing their job be a problem because you're only asking them what they're required to do
[01:39:21.000 --> 01:39:29.000]  and what you can kick them for if they don't.
[01:39:29.000 --> 01:39:31.000]  So don't worry about it.
[01:39:31.000 --> 01:39:34.000]  We don't care what they do, frankly.
[01:39:34.000 --> 01:39:44.000]  We designed the approaches that we're taking based on the presumption that the courts are going to rule against us out of hand at every turn.
[01:39:44.000 --> 01:39:52.000]  Based on the presumption that the courts are totally and absolutely corrupt.
[01:39:52.000 --> 01:39:59.000]  I maintain that you'll never win your case simply because you have the law and the facts on your side.
[01:39:59.000 --> 01:40:01.000]  It is not that way now.
[01:40:01.000 --> 01:40:03.000]  It never has been that way.
[01:40:03.000 --> 01:40:11.000]  It has always been that you will only win your case if you have the politics on your side.
[01:40:11.000 --> 01:40:22.000]  And if you've been watching the foreclosure mess that's been going on, you'll see that more and more pressure is being put on the banks.
[01:40:22.000 --> 01:40:29.000]  When we first started at this about six years ago, the courts did rule against us out of hand at every turn.
[01:40:29.000 --> 01:40:34.000]  It made no difference what we filed. They ruled against us.
[01:40:34.000 --> 01:40:42.000]  So we developed tools and techniques to keep the pressure on these guys and keep the banks at bay.
[01:40:42.000 --> 01:40:52.000]  Well, over the last six years, the political position has changed dramatically.
[01:40:52.000 --> 01:40:59.000]  Now, we say the courts are going to rule against you out of hand at every turn. Well, maybe they won't.
[01:40:59.000 --> 01:41:04.000]  But we design what we do from the presumption that they will.
[01:41:04.000 --> 01:41:11.000]  So when they rule against us, it doesn't hurt us. If they rule in our favor, wonderful. It makes life easier.
[01:41:11.000 --> 01:41:18.000]  And the fact is, we're getting more rulings in our favor. Kevin, who was just on.
[01:41:18.000 --> 01:41:28.000]  He filed a response and counterclaim, and the lawyer come back and said, oh, this is all a bunch of frivolous nonsense, blah, blah, blah.
[01:41:28.000 --> 01:41:34.000]  And the judge said, well, maybe, counselor, but there's one issue that's glaring.
[01:41:34.000 --> 01:41:40.000]  This was the one issue we could almost never get a judge to look at, standing.
[01:41:40.000 --> 01:41:44.000]  Now the judges are actually looking at it.
[01:41:44.000 --> 01:41:56.000]  Reason is the judge have been judges have been given these bogus rulings and allowing these companies to foreclose when they didn't have authority to foreclose.
[01:41:56.000 --> 01:42:05.000]  Now we have lawyers going to the records and finding these fraudulent foreclosures and coming back after the foreclosure sale,
[01:42:05.000 --> 01:42:11.000]  after they've subbed it to somebody else and sued to have the foreclosure overturned.
[01:42:11.000 --> 01:42:15.000]  So they thought they were railroading these people.
[01:42:15.000 --> 01:42:20.000]  The problem is that there's so many scoundrels out there.
[01:42:20.000 --> 01:42:26.000]  They're scoundrels, but there's more scoundrels. There's these lawyers out there that are scoundrels.
[01:42:26.000 --> 01:42:32.000]  And these lawyers are using what the bank did to come back after them.
[01:42:32.000 --> 01:42:37.000]  The banks are really crying about how much it's costing them for litigation.
[01:42:37.000 --> 01:42:41.000]  So it's the pressure.
[01:42:41.000 --> 01:42:45.000]  Morgan says just recently announced that they've paid out over nine billion.
[01:42:45.000 --> 01:42:49.000]  That's a billion with a B in attorney's fees.
[01:42:49.000 --> 01:42:52.000]  So the pressure's on.
[01:42:52.000 --> 01:42:59.000]  You will only win your case if the politics is on your side and the politics is moving in your direction.
[01:42:59.000 --> 01:43:07.000]  Let these do everything they want to.
[01:43:07.000 --> 01:43:10.000]  No problem.
[01:43:10.000 --> 01:43:12.000]  Did I drop off?
[01:43:12.000 --> 01:43:13.000]  Yeah, but you're back now.
[01:43:13.000 --> 01:43:14.000]  Can you hear me, Steve?
[01:43:14.000 --> 01:43:15.000]  I can.
[01:43:15.000 --> 01:43:16.000]  Okay.
[01:43:16.000 --> 01:43:19.000]  My wife had a little problem with our connection.
[01:43:19.000 --> 01:43:24.000]  But yeah, don't worry about them not doing what they're supposed to.
[01:43:24.000 --> 01:43:26.000]  That's not a problem.
[01:43:26.000 --> 01:43:35.000]  And the issue of the notice of default and notice of the acceleration is a minor thing.
[01:43:35.000 --> 01:43:37.000]  But hang on. We're about to go to break.
[01:43:37.000 --> 01:43:39.000]  We will pick you up on the other side.
[01:43:39.000 --> 01:43:45.000]  This is Randy Kelton, Deborah Stevens, Joyce Goodbell, Steve Skidmore, Rue de la Radio.
[01:43:45.000 --> 01:43:49.000]  I call the number 512-646-1984.
[01:43:49.000 --> 01:43:53.000]  And I can't see the numbers.
[01:43:53.000 --> 01:43:56.000]  We're good. We're good.
[01:43:56.000 --> 01:44:00.000]  Four, three, two, we'll be right back.
[01:44:00.000 --> 01:44:04.000]  You feel tired when talking about important topics like money and politics?
[01:44:04.000 --> 01:44:05.000]  Sorry.
[01:44:05.000 --> 01:44:08.000]  Are you confused by words like the Constitution or the Federal Reserve?
[01:44:08.000 --> 01:44:09.000]  What?
[01:44:09.000 --> 01:44:13.000]  If so, you may be diagnosed with the deadliest disease known today, stupidity.
[01:44:13.000 --> 01:44:15.000]  Hi, my name is Steve Holt.
[01:44:15.000 --> 01:44:19.000]  And like millions of other Americans, I was diagnosed with stupidity at an early age.
[01:44:19.000 --> 01:44:25.000]  I had no idea that the number one cause of the disease is found in almost every home in America, the television.
[01:44:25.000 --> 01:44:29.000]  Unfortunately, that puts most Americans at risk of catching stupidity.
[01:44:29.000 --> 01:44:30.000]  But there is hope.
[01:44:30.000 --> 01:44:36.000]  The staff at Brave New Books have helped me and thousands of other foxaholics suffering from sports zombieism recover.
[01:44:36.000 --> 01:44:43.000]  And because of Brave New Books, I now enjoy reading and watching educational documentaries without feeling tired or uninterested.
[01:44:43.000 --> 01:44:50.000]  So if you or anybody you know suffers from stupidity, then you need to call 512-480-2503
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[01:44:58.000 --> 01:45:01.000]  and an overall increase in mental functioning.
[01:45:01.000 --> 01:45:04.000]  Are you the plaintiff or defendant in a lawsuit?
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[01:46:22.000 --> 01:46:38.000]  Okay, we are back.
[01:46:38.000 --> 01:46:41.000]  Randy Kelly and Douglas Stevens, Rule of Law Radio.
[01:46:41.000 --> 01:46:44.000]  And we're talking to Israel in California.
[01:46:44.000 --> 01:46:46.000]  Okay, Israel, you had a comment.
[01:46:46.000 --> 01:46:48.000]  I was kind of talking over you.
[01:46:48.000 --> 01:46:52.000]  There at the EI.
[01:46:52.000 --> 01:46:55.000]  Oops, hold on, Israel.
[01:46:55.000 --> 01:46:58.000]  My page is a little slow coming up.
[01:46:58.000 --> 01:47:04.000]  Okay, now you should be muted.
[01:47:04.000 --> 01:47:05.000]  I'm losing you now.
[01:47:05.000 --> 01:47:07.000]  Is there Israel?
[01:47:07.000 --> 01:47:10.000]  I'm here, yes.
[01:47:10.000 --> 01:47:15.000]  Okay, did you have a comment?
[01:47:15.000 --> 01:47:21.000]  We were talking about being the politics and blah, blah, blah,
[01:47:21.000 --> 01:47:30.000]  all the things that the law is, I don't know exactly, but can you hear me?
[01:47:30.000 --> 01:47:32.000]  Yes.
[01:47:32.000 --> 01:47:33.000]  Okay.
[01:47:33.000 --> 01:47:40.000]  Yeah, you kind of, I'm having a little trouble understanding you.
[01:47:40.000 --> 01:47:43.000]  Okay, do you have a question?
[01:47:43.000 --> 01:47:50.000]  Yes, my question to you is this, that comes December the 24th,
[01:47:50.000 --> 01:47:57.000]  I have sent the death validation to all these companies and none of them have
[01:47:57.000 --> 01:48:01.000]  responded with, you know, and we know that they will not respond because they
[01:48:01.000 --> 01:48:03.000]  don't have the documentation.
[01:48:03.000 --> 01:48:11.000]  And I know about the red folder and court letter has been sent to them.
[01:48:11.000 --> 01:48:18.000]  Oh, okay, hold on.
[01:48:18.000 --> 01:48:22.000]  Okay, the death validation letter won't stop them.
[01:48:22.000 --> 01:48:24.000]  That's just setting the record.
[01:48:24.000 --> 01:48:28.000]  Before that date, we'll have a SIM filed.
[01:48:28.000 --> 01:48:33.000]  The only thing they ever pay attention to is being sued.
[01:48:33.000 --> 01:48:35.000]  Okay, good.
[01:48:35.000 --> 01:48:37.000]  So when do we do that?
[01:48:37.000 --> 01:48:45.000]  David told me that he was going to talk to you about this documentation.
[01:48:45.000 --> 01:48:55.000]  And perhaps you guys are not in my shoes, but I am, you know, and it's kind of,
[01:48:55.000 --> 01:48:59.000]  kind of, you know, very, very difficult situation.
[01:48:59.000 --> 01:49:07.000]  And I have been paying a prepayment legal service for the last year and a half,
[01:49:07.000 --> 01:49:13.000]  and I've just been following whatever I've been doing, whatever you guys have
[01:49:13.000 --> 01:49:17.000]  been telling me to do, and talking to David, he said, well, just wait until
[01:49:17.000 --> 01:49:23.000]  you file everything or until you do this, which I'm confident that we're going
[01:49:23.000 --> 01:49:28.000]  to accomplish stopping the sale on that day.
[01:49:28.000 --> 01:49:33.000]  However, it's getting closer, and I'm kind of anxious.
[01:49:33.000 --> 01:49:40.000]  But I want some kind of passion and confidence that we're going to succeed
[01:49:40.000 --> 01:49:49.000]  the first at least to stop the sale.
[01:49:49.000 --> 01:49:51.000]  Hello?
[01:49:51.000 --> 01:49:52.000]  Yeah, we're here.
[01:49:52.000 --> 01:49:54.000]  Randy?
[01:49:54.000 --> 01:49:57.000]  Where'd Randy go?
[01:49:57.000 --> 01:50:03.000]  Randy, did you mute your mic again?
[01:50:03.000 --> 01:50:05.000]  Huh.
[01:50:05.000 --> 01:50:08.000]  Looks like we lost Randy.
[01:50:08.000 --> 01:50:10.000]  I guess we did, yeah, but I listened to you.
[01:50:10.000 --> 01:50:13.000]  But did you hear me what I was saying?
[01:50:13.000 --> 01:50:17.000]  I did, but you were directing your question, too, Randy, so I wasn't really
[01:50:17.000 --> 01:50:19.000]  paying very deep attention.
[01:50:19.000 --> 01:50:27.000]  So very briefly, go back through that again.
[01:50:27.000 --> 01:50:33.000]  Israel, do we still have you?
[01:50:33.000 --> 01:50:34.000]  I'm here.
[01:50:34.000 --> 01:50:35.000]  Hello?
[01:50:35.000 --> 01:50:38.000]  Okay, okay, go back over that very briefly.
[01:50:38.000 --> 01:50:44.000]  Okay, the issue is right here that I've been paying a prepayment legal service
[01:50:44.000 --> 01:50:45.000]  for a while.
[01:50:45.000 --> 01:50:46.000]  Right.
[01:50:46.000 --> 01:50:50.000]  And according to David, you know, we're doing everything that we can,
[01:50:50.000 --> 01:50:53.000]  as it is right now, without any attorney.
[01:50:53.000 --> 01:50:56.000]  And what I understand is the only thing that is going to stop the
[01:50:56.000 --> 01:51:00.000]  precaution is file a lawsuit.
[01:51:00.000 --> 01:51:01.000]  Yes.
[01:51:01.000 --> 01:51:03.000]  And that's what I'm waiting for.
[01:51:03.000 --> 01:51:10.000]  That might not, man, we're having some weird things happen here.
[01:51:10.000 --> 01:51:15.000]  That might stop the foreclosure and then again, or I mean the sale,
[01:51:15.000 --> 01:51:19.000]  then again, it might not.
[01:51:19.000 --> 01:51:25.000]  Filing suit, that's the best thing you can do.
[01:51:25.000 --> 01:51:31.000]  Once you file suit, you can take a stamped copy, a file stamped copy after
[01:51:31.000 --> 01:51:41.000]  it's filed to the substitute trustee at the sale and notify them that you
[01:51:41.000 --> 01:51:45.000]  filed suit and that they are not to sell the property.
[01:51:45.000 --> 01:51:49.000]  They'll probably ask you if you have informed the attorneys on the other
[01:51:49.000 --> 01:51:54.000]  side, tell them that you have sent a copy to the other side.
[01:51:54.000 --> 01:51:59.000]  You don't know if they've received it or not, but you're putting him or her
[01:51:59.000 --> 01:52:04.000]  on notice that suit has been filed.
[01:52:04.000 --> 01:52:05.000]  Okay.
[01:52:05.000 --> 01:52:07.000]  And chances are they'll pull it off rolls.
[01:52:07.000 --> 01:52:09.000]  Okay, very good.
[01:52:09.000 --> 01:52:12.000]  You back with us, Randy?
[01:52:12.000 --> 01:52:14.000]  I am back.
[01:52:14.000 --> 01:52:16.000]  Okay.
[01:52:16.000 --> 01:52:17.000]  So I've got that.
[01:52:17.000 --> 01:52:23.000]  I've been having a little internet difficulty since our little closed snap.
[01:52:23.000 --> 01:52:25.000]  Steve, you want to pick it up?
[01:52:25.000 --> 01:52:27.000]  I'm kind of behind on where we're at.
[01:52:27.000 --> 01:52:29.000]  Yeah, I just addressed it.
[01:52:29.000 --> 01:52:34.000]  Filing, excuse me, filing suit and taking the stamped copy to the substitute
[01:52:34.000 --> 01:52:38.000]  trustee if it's, okay, time is of the essence.
[01:52:38.000 --> 01:52:43.000]  If you're very, very close, like the day before or two days before, if you
[01:52:43.000 --> 01:52:48.000]  file suit before you have a chance or before the other side has a chance to
[01:52:48.000 --> 01:52:52.000]  receive a copy of your suit, you're going to notify the other side and send
[01:52:52.000 --> 01:52:54.000]  them a copy of your suit.
[01:52:54.000 --> 01:52:59.000]  If they have not had time to receive it, then you would take a copy of that
[01:52:59.000 --> 01:53:07.000]  suit to the sale and put the substitute trustee on notice that suit has been
[01:53:07.000 --> 01:53:12.000]  filed and they are not to sell the property.
[01:53:12.000 --> 01:53:14.000]  Chances are they will pull it from the rolls.
[01:53:14.000 --> 01:53:15.000]  They don't care.
[01:53:15.000 --> 01:53:18.000]  They'll just try to sell it again next month if you're pulling their leg.
[01:53:18.000 --> 01:53:21.000]  And if you are pulling their leg, they'll probably sue you.
[01:53:21.000 --> 01:53:25.000]  So, Randy, you got anything to add?
[01:53:25.000 --> 01:53:32.000]  Yeah, we've never had a trustee come back at us for any of this.
[01:53:32.000 --> 01:53:36.000]  Generally, they would just pull it off the sale.
[01:53:36.000 --> 01:53:41.000]  Because once they're given notice, now they're liable.
[01:53:41.000 --> 01:53:50.000]  If a trustee does a sale and acts in good faith, then he's immune from suit.
[01:53:50.000 --> 01:53:55.000]  And the reason for going down there and giving notice is that the trustee can
[01:53:55.000 --> 01:53:59.000]  no longer claim good faith.
[01:53:59.000 --> 01:54:07.000]  And the way we work this by looking primarily in the documents filed in the
[01:54:07.000 --> 01:54:16.000]  public record is anything we find wrong with those documents, we can maintain
[01:54:16.000 --> 01:54:21.000]  that the trustee knew about that.
[01:54:21.000 --> 01:54:26.000]  Because everything that's in the public record is public knowledge.
[01:54:26.000 --> 01:54:31.000]  And everyone has imputed knowledge of what's in there.
[01:54:31.000 --> 01:54:34.000]  Even if they don't actually know what's in there, as far as the court is
[01:54:34.000 --> 01:54:37.000]  concerned, they know exactly what's in there.
[01:54:37.000 --> 01:54:41.000]  And the court will hold them responsible for what's in there.
[01:54:41.000 --> 01:54:48.000]  So when you notice the trustee, the trustee no longer has a claim of good
[01:54:48.000 --> 01:54:51.000]  faith.
[01:54:51.000 --> 01:54:54.000]  And that's generally why the trustee wants balance.
[01:54:54.000 --> 01:54:59.000]  But even if they sell the property, that is not a big deal.
[01:54:59.000 --> 01:55:05.000]  If they sell the property back to the bank, that's not a bad thing at all.
[01:55:05.000 --> 01:55:08.000]  So you're really worried about foreclosure.
[01:55:08.000 --> 01:55:10.000]  That's not such a big deal.
[01:55:10.000 --> 01:55:15.000]  The thing that's a big deal is when I get someone that has been given a 24-hour
[01:55:15.000 --> 01:55:19.000]  notice to vacate, that's hard to happen.
[01:55:19.000 --> 01:55:24.000]  But if you haven't even been foreclosed on yet, they foreclose and then we
[01:55:24.000 --> 01:55:25.000]  sue them.
[01:55:25.000 --> 01:55:29.000]  And then we spend months and months in the suit, once the suit is adjudicated,
[01:55:29.000 --> 01:55:33.000]  they come back and petition for an unlawful detainer.
[01:55:33.000 --> 01:55:36.000]  We file an objection to that.
[01:55:36.000 --> 01:55:38.000]  They rule against us.
[01:55:38.000 --> 01:55:40.000]  We file a notice of appeal.
[01:55:40.000 --> 01:55:41.000]  We appeal.
[01:55:41.000 --> 01:55:43.000]  There's a lot of time here.
[01:55:43.000 --> 01:55:50.000]  One thing about using the courts, no matter what they do, there's about a dozen
[01:55:50.000 --> 01:55:54.000]  things we can do back to them.
[01:55:54.000 --> 01:55:59.000]  Generally, we can keep them in court until we both get old.
[01:55:59.000 --> 01:56:02.000]  That's great to hear.
[01:56:02.000 --> 01:56:06.000]  However, when do I do the filing?
[01:56:06.000 --> 01:56:09.000]  As quickly as possible.
[01:56:09.000 --> 01:56:11.000]  I got your paperwork today.
[01:56:11.000 --> 01:56:18.000]  I will have the documents filed on Monday morning.
[01:56:18.000 --> 01:56:27.000]  To get those filed, you have to hire a process to serve the bank or whoever the
[01:56:27.000 --> 01:56:30.000]  party is that you're actually suing.
[01:56:30.000 --> 01:56:31.000]  Okay.
[01:56:31.000 --> 01:56:38.000]  However, try to find an e-mail address for whoever it is and send them a copy
[01:56:38.000 --> 01:56:41.000]  of it through e-mail.
[01:56:41.000 --> 01:56:45.000]  That gives them constructive notice.
[01:56:45.000 --> 01:56:50.000]  At that point, they have noticed that they've been sued, that they don't have
[01:56:50.000 --> 01:56:52.000]  proper service.
[01:56:52.000 --> 01:56:56.000]  You can take more time for proper service.
[01:56:56.000 --> 01:57:00.000]  Once they have the e-mailed copy, now they can't claim they didn't know they
[01:57:00.000 --> 01:57:01.000]  were being sued.
[01:57:01.000 --> 01:57:08.000]  If they allow the foreclosure to proceed, then any harm that's caused to whoever
[01:57:08.000 --> 01:57:14.000]  they fill it through is intentional harm on their part.
[01:57:14.000 --> 01:57:18.000]  I don't think I'm getting your questions answered.
[01:57:18.000 --> 01:57:20.000]  No, you are.
[01:57:20.000 --> 01:57:26.000]  Let's say this is a time frame that I'm having pictured in myself.
[01:57:26.000 --> 01:57:32.000]  Let's say that within tomorrow or Sunday, I receive my e-mail or the form that
[01:57:32.000 --> 01:57:34.000]  you guys are going to send to me.
[01:57:34.000 --> 01:57:40.000]  On Monday morning, I go to the court and I do the filing.
[01:57:40.000 --> 01:57:41.000]  Okay?
[01:57:41.000 --> 01:57:42.000]  Yes.
[01:57:42.000 --> 01:57:49.000]  Then, immediately, I get the fax for Reconstruction or get the e-mail and send
[01:57:49.000 --> 01:57:53.000]  it to them or use a federal request.
[01:57:53.000 --> 01:57:58.000]  It will be there next day in the morning, Tuesday.
[01:57:58.000 --> 01:58:02.000]  Yeah, all they need is some kind of notice.
[01:58:02.000 --> 01:58:05.000]  Your process server may take a little while.
[01:58:05.000 --> 01:58:08.000]  I am sorry we are out of time today.
[01:58:08.000 --> 01:58:11.000]  But we'll be talking to you over the weekend.
[01:58:11.000 --> 01:58:15.000]  By Monday, you'll understand how all this works.
[01:58:15.000 --> 01:58:17.000]  Okay, thank you.
[01:58:17.000 --> 01:58:19.000]  Okay, this is Randy Kelton.
[01:58:19.000 --> 01:58:24.000]  NOS Develops, these kids more, Debra Stevens with our radio.
[01:58:24.000 --> 01:58:26.000]  Thank you all for listening.
[01:58:26.000 --> 01:58:27.000]  We will be back Monday.
[01:58:27.000 --> 01:58:32.000]  And sorry, Mary, Doug, we didn't get to you.
[01:58:32.000 --> 01:58:34.000]  But we'll be back.
[01:58:34.000 --> 01:58:38.000]  Eddie Craig will be back Monday at the Trash & Chill Show.
[01:58:38.000 --> 01:58:41.000]  Debra and I will be back Thursday.
[01:58:41.000 --> 01:58:46.000]  And we'll be back next Friday with our Sproutly and Plane Marathon.
[01:58:46.000 --> 01:58:50.000]  Thank you all for listening and good night.
[01:59:16.000 --> 01:59:18.000]  We'll be back.
[01:59:46.000 --> 01:59:48.000]  We'll see you next time.