ROL_2013-12-20_16k_Hr3-4.timecode

[00:00.000 --> 00:08.000]  This is the Liberty Beat, your daily source for Liberty news and activist updates.
[00:08.000 --> 00:10.000]  Online at thelibertybeat.com.
[00:10.000 --> 00:15.000]  I'm Brian Hagan with your Liberty Beat for Friday, December 20th, 2013.
[00:15.000 --> 00:24.000]  Gold opened today at $1,205, silver opened at $19.26, and Bitcoin is trading at $678.99.
[00:24.000 --> 00:29.000]  Support for the Liberty Beat comes from Brave New Books, your local source for One World
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[00:44.000 --> 00:47.000]  Online at centraltexasgunworks.com.
[00:47.000 --> 00:51.000]  In the news today, Overstock.com will begin accepting Bitcoin.
[00:51.000 --> 00:56.000]  That word from Patrick Burns, CEO and Chairman of the online retail seller.
[00:56.000 --> 01:00.000]  According to marketwatch.com, Burns says his company will begin accepting Bitcoin in the
[01:00.000 --> 01:02.000]  second half of 2014.
[01:02.000 --> 01:06.000]  Burns said the company is considering financial tools to hedge their risk with Bitcoin, but
[01:06.000 --> 01:10.000]  for now will simply convert the Bitcoin to cash and assume the risk of any loss.
[01:10.000 --> 01:17.000]  Burns identifies himself as a follower of the Austrian School of Economics.
[01:17.000 --> 01:23.000]  Nine European countries are added to the list of those assisting the NSA with spying operations abroad.
[01:23.000 --> 01:28.000]  The Swedish TV program, Mission Investigate, went public with a newly leaked Edward Snowden
[01:28.000 --> 01:33.000]  document, naming Denmark, Sweden, Norway, Belgium, France, Germany, Italy, the Netherlands,
[01:33.000 --> 01:35.000]  and Spain.
[01:35.000 --> 01:39.000]  The list of third-party partners was released last week as part of the latest round of documents
[01:39.000 --> 01:45.000]  made public by NSA whistleblower Snowden.
[01:45.000 --> 01:49.000]  Seven representatives from the House Judiciary Committee sent a letter to Attorney General
[01:49.000 --> 01:53.000]  Eric Holder requesting an investigation into lies told to the Senate Select Committee on
[01:53.000 --> 01:59.000]  Intelligence earlier this year by James Clapper, the Director of National Intelligence.
[01:59.000 --> 02:04.000]  The letter states that Clapper's exposed lies contribute to unhealthy cynicism and distrust
[02:04.000 --> 02:07.000]  that citizens feel toward their government.
[02:07.000 --> 02:11.000]  After Director Clapper told the Senate Select Committee that the NSA did not collect data
[02:11.000 --> 02:15.000]  on hundreds of millions of Americans, Snowden's NSA leaks revealed that he lied to Congress
[02:15.000 --> 02:20.000]  under oath.
[02:45.000 --> 02:53.000]  This is the Liberty Beat for Friday, December 20th, 2013.
[02:53.000 --> 03:16.000]  Check out the website, thelibertybeat.com.
[03:16.000 --> 03:33.000]  OK, we are back, Randy Shelton, Deb Stevens, Steve Skidmore, We Love Radio, we're talking
[03:33.000 --> 03:34.000]  to Harvey in California.
[03:34.000 --> 03:37.000]  Harvey, do you have any specific questions?
[03:37.000 --> 03:46.000]  No, I believe that may be about it for now, that's all I can think of right now.
[03:46.000 --> 03:53.000]  OK, get that baby on here, she's going to have some questions.
[03:53.000 --> 03:58.000]  Well, I think he's barely talking right now.
[03:58.000 --> 04:00.000]  OK, OK, thank you Harvey.
[04:00.000 --> 04:02.000]  OK then, thank you.
[04:02.000 --> 04:14.000]  Now we're going to go to Doug in Texas, if I can get my system to refresh.
[04:14.000 --> 04:17.000]  Hello Doug, are you there?
[04:17.000 --> 04:23.000]  Hello Doug, am I here?
[04:23.000 --> 04:29.000]  We've got a Doug in Illinois and a Doug in Texas, we're trying to reach Doug in Texas,
[04:29.000 --> 04:30.000]  are you there?
[04:30.000 --> 04:35.000]  I think he must be having some technical difficulty.
[04:35.000 --> 04:39.000]  OK, we're going to go to Doug in Indiana.
[04:39.000 --> 04:42.000]  Hello Doug in Indiana.
[04:42.000 --> 04:43.000]  Yes.
[04:43.000 --> 04:47.000]  There we go, what do you have for us tonight?
[04:47.000 --> 04:56.000]  Well, I talked to you last week, if you remember or not, I was on Operation Iraqi Freedom when
[04:56.000 --> 05:00.000]  they foreclosed on my house.
[05:00.000 --> 05:04.000]  Oh, OK, you were in the military, yes.
[05:04.000 --> 05:12.000]  Yes, I got your email yesterday and I've been working on some of those documents.
[05:12.000 --> 05:18.000]  I apologize for the delay, but my internet has been down so I couldn't get my email.
[05:18.000 --> 05:21.000]  Yes, that's fine, that's understandable.
[05:21.000 --> 05:28.000]  I worked on it, I tried the screaming cuss method and that didn't fix it.
[05:28.000 --> 05:30.000]  Never does.
[05:30.000 --> 05:32.000]  But it made me feel better.
[05:32.000 --> 05:34.000]  Yes.
[05:34.000 --> 05:40.000]  See, there's an art to it, my wife, she never understands these things, it's a guy thing.
[05:40.000 --> 05:46.000]  You never know which one's going to work, so you have to kind of run through the whole
[05:46.000 --> 05:51.000]  lit thing and the louder you use them, the better it feels.
[05:51.000 --> 05:57.000]  Yeah, you've got to talk just like a Marine and it listens to you.
[05:57.000 --> 05:59.000]  OK, you have a good case.
[05:59.000 --> 06:10.000]  Did you get the, I sent you a copy of the Office of the Comptroller of Currencies worksheet?
[06:10.000 --> 06:17.000]  I don't recall seeing that attachment, but I was in a hurry so I might have missed it.
[06:17.000 --> 06:22.000]  OK, check again, I think I attached it if I did it right.
[06:22.000 --> 06:23.000]  OK.
[06:23.000 --> 06:28.000]  Open up that attachment and yours will be the very first one on the list.
[06:28.000 --> 06:30.000]  OK.
[06:30.000 --> 06:33.000]  See, now that is a penalty.
[06:33.000 --> 06:34.000]  Yeah.
[06:34.000 --> 06:38.000]  A penalty as opposed to a fine or fee.
[06:38.000 --> 06:45.000]  If the Office of the Comptroller of Currencies assessed a fine or a fee, the fine or a fee
[06:45.000 --> 06:52.000]  would go to the agency who made the assessment, but a penalty goes to the harmed party.
[06:52.000 --> 06:53.000]  Yeah.
[06:53.000 --> 06:56.000]  So these are penalties, so that goes to you.
[06:56.000 --> 07:03.000]  Now that is a penalty, it is not something intended to make you whole.
[07:03.000 --> 07:04.000]  Yes.
[07:04.000 --> 07:09.000]  So that doesn't diminish your claim at all.
[07:09.000 --> 07:15.000]  So you can still go back and say that this foreclosure was improper.
[07:15.000 --> 07:19.000]  How long ago did the foreclosure occur?
[07:19.000 --> 07:22.000]  2006.
[07:22.000 --> 07:23.000]  2006?
[07:23.000 --> 07:26.000]  Yeah.
[07:26.000 --> 07:29.000]  That may be too long.
[07:29.000 --> 07:30.000]  Yeah.
[07:30.000 --> 07:32.000]  Yeah, it's going to be too long.
[07:32.000 --> 07:34.000]  I don't know.
[07:34.000 --> 07:39.000]  I don't know if you can get that overturned at this late point or not.
[07:39.000 --> 07:48.000]  Generally, if there is a problem with a document filed in the public record, there is a limitation
[07:48.000 --> 07:52.000]  on the time you have to correct the issue.
[07:52.000 --> 07:53.000]  OK.
[07:53.000 --> 07:56.000]  What about the delay?
[07:56.000 --> 07:57.000]  OK.
[07:57.000 --> 08:01.000]  You are in Indiana, so I'm not sure what it is for Indiana.
[08:01.000 --> 08:04.000]  It is four years in Texas.
[08:04.000 --> 08:10.000]  I just looked at a state, I don't remember which one it was, was six years.
[08:10.000 --> 08:16.000]  So it's different in different states, how long they have.
[08:16.000 --> 08:21.000]  What they want is for the county record to be stable.
[08:21.000 --> 08:22.000]  Yeah.
[08:22.000 --> 08:27.000]  They don't want somebody to be able to come 30 years from now and see a document that
[08:27.000 --> 08:30.000]  was filed 30 years ago was void.
[08:30.000 --> 08:37.000]  So after that garbage, it would make property untenable.
[08:37.000 --> 08:43.000]  So there is, the longest I've heard of is a six-year statute of limitations.
[08:43.000 --> 08:45.000]  However...
[08:45.000 --> 08:54.000]  In Indiana, it says six years from time of discovery.
[08:54.000 --> 08:55.000]  Oh.
[08:55.000 --> 08:56.000]  Right.
[08:56.000 --> 09:03.000]  That was where I was going to go to because with fraud, fraud, the clock doesn't start
[09:03.000 --> 09:05.000]  until you discover it.
[09:05.000 --> 09:12.000]  And in this case, where a foreclosure has occurred when you were out of country or in
[09:12.000 --> 09:17.000]  the military, the expectation would be that you didn't know it had occurred.
[09:17.000 --> 09:21.000]  So when did you discover that it had occurred?
[09:21.000 --> 09:23.000]  Or have you discovered it yet?
[09:23.000 --> 09:26.000]  I haven't discovered it yet.
[09:26.000 --> 09:27.000]  There you go.
[09:27.000 --> 09:29.000]  I'm trying to discover it.
[09:29.000 --> 09:30.000]  Now, wait a minute.
[09:30.000 --> 09:31.000]  Okay.
[09:31.000 --> 09:33.000]  That's going to be kind of hard to maintain.
[09:33.000 --> 09:39.000]  When did you come back into country or when did you get out of the military?
[09:39.000 --> 09:42.000]  I was discharged under a medical discharge in 2006.
[09:42.000 --> 09:45.000]  I was injured.
[09:45.000 --> 09:46.000]  Oh.
[09:46.000 --> 09:47.000]  Okay.
[09:47.000 --> 09:48.000]  So it wasn't...
[09:48.000 --> 09:49.000]  Okay.
[09:49.000 --> 09:50.000]  I was a party to the...
[09:50.000 --> 09:51.000]  That's good.
[09:51.000 --> 09:52.000]  Yeah.
[09:52.000 --> 09:53.000]  Okay.
[09:53.000 --> 09:58.000]  How could you maintain over this amount of time that you didn't know your property was
[09:58.000 --> 10:02.000]  foreclosed on?
[10:02.000 --> 10:05.000]  I wasn't served.
[10:05.000 --> 10:06.000]  See, my dad...
[10:06.000 --> 10:07.000]  Yeah.
[10:07.000 --> 10:08.000]  Yeah.
[10:08.000 --> 10:14.000]  My dad filed bankruptcy and my dad had put claim to title to me and I put his name on
[10:14.000 --> 10:17.000]  it too in case I got hurt overseas.
[10:17.000 --> 10:21.000]  And his bankruptcy attorney told me, well, they'll probably take your house too because
[10:21.000 --> 10:23.000]  dad's name's attached.
[10:23.000 --> 10:24.000]  But I didn't...
[10:24.000 --> 10:30.000]  I was named as a party to the lawsuit until a couple of months ago.
[10:30.000 --> 10:33.000]  Ah.
[10:33.000 --> 10:34.000]  That's different.
[10:34.000 --> 10:38.000]  See, I was digging through my dad's records to put him in a safe deposit box because
[10:38.000 --> 10:41.000]  he's 76.
[10:41.000 --> 10:42.000]  And I found his...
[10:42.000 --> 10:43.000]  Oh, okay.
[10:43.000 --> 10:44.000]  That works.
[10:44.000 --> 10:45.000]  That works.
[10:45.000 --> 10:46.000]  Yeah.
[10:46.000 --> 10:47.000]  You weren't added to the suit until a couple of months ago.
[10:47.000 --> 10:49.000]  Is that correct?
[10:49.000 --> 10:50.000]  Yes.
[10:50.000 --> 10:51.000]  I didn't know I was...
[10:51.000 --> 10:56.000]  So do you realize this is a new suit?
[10:56.000 --> 10:57.000]  Yes.
[10:57.000 --> 10:58.000]  Okay.
[10:58.000 --> 11:00.000]  What is the nature of this suit?
[11:00.000 --> 11:02.000]  I'm a law student in case you don't remember.
[11:02.000 --> 11:06.000]  So I know a little bit, but I'm still not an attorney.
[11:06.000 --> 11:07.000]  That's fine.
[11:07.000 --> 11:08.000]  That's fine.
[11:08.000 --> 11:09.000]  Okay.
[11:09.000 --> 11:10.000]  Hold on.
[11:10.000 --> 11:11.000]  Hold on.
[11:11.000 --> 11:12.000]  What is the nature of the current suit?
[11:12.000 --> 11:14.000]  It's overdone with.
[11:14.000 --> 11:17.000]  The house is sold and...
[11:17.000 --> 11:22.000]  No, you just said there was a suit that you just got noticed of.
[11:22.000 --> 11:23.000]  Oh.
[11:23.000 --> 11:27.000]  Well, you mean when I discovered it?
[11:27.000 --> 11:28.000]  No.
[11:28.000 --> 11:33.000]  You said that you had been joined to a lawsuit here a couple of months ago.
[11:33.000 --> 11:34.000]  No, no, no.
[11:34.000 --> 11:35.000]  That was him.
[11:35.000 --> 11:42.000]  I found out a couple of months ago that I was named in my dad's foreclosure as a defendant.
[11:42.000 --> 11:43.000]  Oh.
[11:43.000 --> 11:44.000]  Oh.
[11:44.000 --> 11:45.000]  Oh, okay.
[11:45.000 --> 11:48.000]  You were just recently added to a suit.
[11:48.000 --> 11:51.000]  So you had no notice.
[11:51.000 --> 11:53.000]  No, I wasn't served.
[11:53.000 --> 11:54.000]  I was gone.
[11:54.000 --> 11:55.000]  Oh, okay.
[11:55.000 --> 11:57.000]  You were out of country.
[11:57.000 --> 11:59.000]  You weren't living in the property.
[11:59.000 --> 12:00.000]  No.
[12:00.000 --> 12:01.000]  And no one gave you notice.
[12:01.000 --> 12:03.000]  The other party had a duty to give you notice.
[12:03.000 --> 12:04.000]  Okay.
[12:04.000 --> 12:06.000]  It's not like they didn't know where you were.
[12:06.000 --> 12:10.000]  Well, they didn't even file an affidavit of military service on me.
[12:10.000 --> 12:13.000]  They just kind of like, I'll screw him.
[12:13.000 --> 12:16.000]  You know, his father's name's on it.
[12:16.000 --> 12:17.000]  Okay.
[12:17.000 --> 12:19.000]  Yeah, that's another problem.
[12:19.000 --> 12:20.000]  Yeah.
[12:20.000 --> 12:21.000]  Okay.
[12:21.000 --> 12:22.000]  It's been almost 10 years.
[12:22.000 --> 12:29.000]  So the possibility of being able to recover the property somewhere between little and
[12:29.000 --> 12:30.000]  none.
[12:30.000 --> 12:41.000]  However, you are likely to have a very good lawsuit against the closing agent in Indiana.
[12:41.000 --> 12:47.000]  Is Indiana a judicial state or a deed of trust state?
[12:47.000 --> 12:50.000]  Did you have a mortgage or deed of trust filed in the record?
[12:50.000 --> 12:51.000]  It's judicial.
[12:51.000 --> 12:54.000]  You have to go to court to settle it here.
[12:54.000 --> 12:55.000]  Okay.
[12:55.000 --> 12:56.000]  It's mortgage.
[12:56.000 --> 12:57.000]  Okay.
[12:57.000 --> 12:58.000]  So it's a mortgage.
[12:58.000 --> 12:59.000]  Yeah.
[12:59.000 --> 13:00.000]  Okay.
[13:00.000 --> 13:12.000]  So you can go back and since there wasn't a filing, that filing of the military service
[13:12.000 --> 13:16.000]  was a requirement.
[13:16.000 --> 13:20.000]  So they failed to meet the statutory requirement.
[13:20.000 --> 13:29.000]  They had to file with the pleading, but noted that you are not in the military and they
[13:29.000 --> 13:32.000]  failed to do that.
[13:32.000 --> 13:37.000]  So you can file a challenge to subject matter jurisdiction.
[13:37.000 --> 13:38.000]  Yes.
[13:38.000 --> 13:46.000]  And the reason that's important is challenge to subject matter jurisdiction may be brought
[13:46.000 --> 13:50.000]  at any time, no matter how remote in history.
[13:50.000 --> 13:51.000]  Yep.
[13:51.000 --> 13:55.000]  I've been adding a bunch of those already.
[13:55.000 --> 13:58.000]  We learned those in school.
[13:58.000 --> 14:06.000]  Also see if your state has available in it a motion under a petition for bill of review.
[14:06.000 --> 14:12.000]  If they say it's too late to appeal or anything like that, again, Randy's correct.
[14:12.000 --> 14:17.000]  Subject matter jurisdiction, any jurisdictional issue that would take jurisdiction away from
[14:17.000 --> 14:26.000]  the court at the onset of the case, that would quash everything.
[14:26.000 --> 14:29.000]  Yeah.
[14:29.000 --> 14:37.000]  If the court did not have jurisdiction in the beginning, they never ever can accrue
[14:37.000 --> 14:39.000]  jurisdiction.
[14:39.000 --> 14:44.000]  And there is nothing you can do to give a court jurisdiction that the court does not
[14:44.000 --> 14:46.000]  statutory have.
[14:46.000 --> 14:55.000]  If the petitioner failed to meet the statutory filing requirements, they were unable to invoke
[14:55.000 --> 14:58.000]  the subject matter jurisdiction to the court.
[14:58.000 --> 15:00.000]  That's how you get it.
[15:00.000 --> 15:12.000]  Now, another question I have is on the original mortgage that they submitted as evidence,
[15:12.000 --> 15:18.000]  there is a barcode in the top right-hand corner of it that has a number underneath it.
[15:18.000 --> 15:19.000]  I assume...
[15:19.000 --> 15:20.000]  It's probably the...
[15:20.000 --> 15:24.000]  Is it the public document record number?
[15:24.000 --> 15:25.000]  I don't know.
[15:25.000 --> 15:32.000]  They took a marker and marked it out.
[15:32.000 --> 15:33.000]  Okay.
[15:33.000 --> 15:37.000]  Is there an initial by the mark?
[15:37.000 --> 15:38.000]  Huh?
[15:38.000 --> 15:42.000]  Is there an initial by the mark?
[15:42.000 --> 15:44.000]  No.
[15:44.000 --> 15:45.000]  Okay.
[15:45.000 --> 15:52.000]  That may or may not be an issue, but it's certainly an issue you can rate.
[15:52.000 --> 16:03.000]  If this particular document has an acknowledgement on it and you don't have any knowledge of
[16:03.000 --> 16:11.000]  when this redaction occurred, then you can certainly challenge the document.
[16:11.000 --> 16:17.000]  Somebody else is going to say, well, that's not a material alteration.
[16:17.000 --> 16:23.000]  And you'll say, I don't know if it's a material alteration because it was blamed out.
[16:23.000 --> 16:25.000]  We don't know what it was.
[16:25.000 --> 16:30.000]  It looks like it could possibly be the Mears number, but I'm not certain.
[16:30.000 --> 16:33.000]  No, they won't black out the Mears number.
[16:33.000 --> 16:41.000]  Your min number should be on the right-hand side of the first page of the deed of trust or mortgage.
[16:41.000 --> 16:50.000]  I've seen stuff blocked out on it, but that's an issue to raise.
[16:50.000 --> 16:56.000]  This is a verified document, so you can't make alterations to it after it's notarized.
[16:56.000 --> 16:57.000]  Hang on.
[16:57.000 --> 17:02.000]  We'll be right back.
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[19:12.000 --> 19:15.000]  Well, don't let nothing get to you.
[19:15.000 --> 19:18.000]  Only the Father can deliver you.
[19:18.000 --> 19:21.000]  Don't let back-minded people hurt you.
[19:21.000 --> 19:24.000]  And trust it and get behind it.
[19:24.000 --> 19:27.000]  You know what I mean, my friend?
[19:27.000 --> 19:54.000]  And all the jacks you're going to come through.
[19:54.000 --> 19:58.000]  He's everything. He's everything to me. That's why I call him.
[19:58.000 --> 20:01.000]  I tap my knee and I pray to him.
[20:01.000 --> 20:04.000]  Because he's the only one who could answer him.
[20:04.000 --> 20:07.000]  It's not business what we keep man saying.
[20:07.000 --> 20:10.000]  Man can't, you know, eat this bleeding.
[20:10.000 --> 20:13.000]  I'm trusting God, my friend.
[20:13.000 --> 20:16.000]  Tell him you're probably insane.
[20:16.000 --> 20:19.000]  I'll miss him once again.
[20:19.000 --> 20:22.000]  Miracles, you know, he worth being.
[20:22.000 --> 20:25.000]  It's not business what you call him. You call him Buhuda.
[20:25.000 --> 20:28.000]  You call him an Allah or you call him Jeovia.
[20:28.000 --> 20:31.000]  Call upon his name and you call Rasta.
[20:31.000 --> 20:34.000]  Pray to him and he'll deliver.
[20:34.000 --> 20:37.000]  Miracles, he work and he work it all over.
[20:37.000 --> 20:40.000]  Take the blind see and the deaf hear.
[20:40.000 --> 20:43.000]  You can't, you know, eat this bleeding.
[20:43.000 --> 20:46.000]  It's not business what we keep man saying.
[20:46.000 --> 20:49.000]  Man can't, you know, eat this bleeding.
[20:49.000 --> 20:52.000]  You can't, you know, eat this bleeding.
[20:52.000 --> 20:55.000]  Okay, we are back.
[20:55.000 --> 20:58.000]  Randy Kelton, Steve Skidmore, Rudra Radio.
[20:58.000 --> 21:01.000]  And don't forget our fundraiser.
[21:01.000 --> 21:04.000]  We've got two guns up for auction this year.
[21:04.000 --> 21:10.000]  And go to the Logos Radio Network page
[21:10.000 --> 21:13.000]  and click on the banner for the guns.
[21:13.000 --> 21:16.000]  There's a promo code you can use there.
[21:16.000 --> 21:31.000]  Every $20 gets you one deal in the auction in the drawing.
[21:31.000 --> 21:37.000]  So go there, have a look at it, donate some.
[21:37.000 --> 21:39.000]  We need all the help we can get.
[21:39.000 --> 21:43.000]  We've got to upgrade this network so we can keep this thing on the air.
[21:43.000 --> 21:46.000]  Now, Debra has really been struggling here lately.
[21:46.000 --> 21:48.000]  We need all the help we can get.
[21:48.000 --> 21:55.000]  Okay, we're going to go to Doug in Indiana.
[21:55.000 --> 21:57.000]  Let's see who we were just talking to.
[21:57.000 --> 21:58.000]  Doug?
[21:58.000 --> 21:59.000]  Yes.
[21:59.000 --> 22:00.000]  Okay.
[22:00.000 --> 22:04.000]  Where were we?
[22:04.000 --> 22:06.000]  We were talking about...
[22:06.000 --> 22:07.000]  Oh, okay, okay.
[22:07.000 --> 22:12.000]  We were telling jokes on the break, so I lose track of where I'm at.
[22:12.000 --> 22:15.000]  Okay.
[22:15.000 --> 22:26.000]  So a challenge to subject matter jurisdiction should get you past a statute of limitations argument.
[22:26.000 --> 22:32.000]  If you can get it shown that they didn't...
[22:32.000 --> 22:36.000]  This has got to be a big deal of foreclosing on servicemen.
[22:36.000 --> 22:42.000]  Yours is complex because it's not exactly a foreclosure.
[22:42.000 --> 22:44.000]  Yeah.
[22:44.000 --> 22:50.000]  You were included in a bankruptcy you were unaware of.
[22:50.000 --> 22:57.000]  So that may bring other issues about the bankruptcy.
[22:57.000 --> 22:58.000]  Okay.
[22:58.000 --> 23:03.000]  I'm thinking how this would shake out.
[23:03.000 --> 23:08.000]  Okay, your father declared bankruptcy.
[23:08.000 --> 23:12.000]  He included that his name was on the property.
[23:12.000 --> 23:22.000]  Was there any indication of the amount of ownership your father had of the property?
[23:22.000 --> 23:31.000]  They just said had me and my father both on the title on the quit claim deed.
[23:31.000 --> 23:37.000]  He owned it and he quit claiming it to me.
[23:37.000 --> 23:40.000]  He quit claimed it to you?
[23:40.000 --> 23:41.000]  Mm-hmm.
[23:41.000 --> 23:44.000]  He didn't own it anymore?
[23:44.000 --> 23:45.000]  No.
[23:45.000 --> 23:51.000]  Did he quit claim it to you before he filed for bankruptcy?
[23:51.000 --> 23:55.000]  Yes, and he quit claiming it to me in 2001.
[23:55.000 --> 23:58.000]  Oh, he didn't own it anymore?
[23:58.000 --> 23:59.000]  No.
[23:59.000 --> 24:03.000]  You owned it on quit claim?
[24:03.000 --> 24:04.000]  Yeah, my mother died.
[24:04.000 --> 24:09.000]  He didn't want no part of it no more and had been in his family since 1959.
[24:09.000 --> 24:13.000]  My grandparents lived in it, so I said, well, I'll take the house.
[24:13.000 --> 24:15.000]  Was he not living in the property?
[24:15.000 --> 24:17.000]  No, he wasn't.
[24:17.000 --> 24:19.000]  Oh, okay.
[24:19.000 --> 24:27.000]  So you were operating under the presumption that your father was maintaining the property
[24:27.000 --> 24:36.000]  and you had no knowledge that it had been turned in on his bankruptcy when you owned the property to start with?
[24:36.000 --> 24:41.000]  Yes, I didn't know because all I know is I come back from Iraq.
[24:41.000 --> 24:49.000]  I was on medical hold in Georgia and then my wife was eight months pregnant
[24:49.000 --> 24:56.000]  and we come home one weekend and the sheriff knocked on the door and said, you've got to get out of here.
[24:56.000 --> 24:58.000]  What?
[24:58.000 --> 25:02.000]  Oh, they foreclosed on this property and you got moved?
[25:02.000 --> 25:07.000]  Of course, I didn't know nothing back then, so I went and asked my dad.
[25:07.000 --> 25:13.000]  Well, they took it during my bankruptcy and I'm like, okay, I guess there's nothing I can do.
[25:13.000 --> 25:19.000]  Okay, there is going to be a problem because it's been 10 years,
[25:19.000 --> 25:27.000]  but if you can go back and show that there is the quit claim deed filed in the public record.
[25:27.000 --> 25:29.000]  Yes.
[25:29.000 --> 25:32.000]  There is a quit claim deed in the public record.
[25:32.000 --> 25:41.000]  You can go back and show that the bankruptcy court had no jurisdiction over this property.
[25:41.000 --> 25:42.000]  Yeah.
[25:42.000 --> 25:49.000]  You've got a good case, but this is going to take a lawyer who is kind of savvy to be able to get this done.
[25:49.000 --> 25:50.000]  That's the biggest problem.
[25:50.000 --> 25:56.000]  Every lawyer I go to says, well, it depends on how they treated it in the bankruptcy
[25:56.000 --> 25:59.000]  and they don't really want to even look at it.
[25:59.000 --> 26:04.000]  You need to go back to them and say, look, this thing should never have been in the bankruptcy.
[26:04.000 --> 26:06.000]  This was my property.
[26:06.000 --> 26:08.000]  Yeah.
[26:08.000 --> 26:14.000]  This property had been quit claimed to you, so the father had no claim on the property.
[26:14.000 --> 26:20.000]  The bankruptcy was in property filed and that's just like me filing bankruptcy
[26:20.000 --> 26:23.000]  and claiming your property on my bankruptcy.
[26:23.000 --> 26:32.000]  Yeah, he did have a mortgage on it though.
[26:32.000 --> 26:38.000]  Was the mortgage foreclosed? That changes everything.
[26:38.000 --> 26:41.000]  Yeah.
[26:41.000 --> 26:49.000]  That goes back to the Service Man's Act and you are probably going to be far,
[26:49.000 --> 26:56.000]  way too far down the road to be able to undo that.
[26:56.000 --> 27:01.000]  Yeah, if the sheriff ordered you out of the property, you can't claim you didn't know about it.
[27:01.000 --> 27:03.000]  So, you're going to be out of time.
[27:03.000 --> 27:10.000]  Well, he didn't order me out of the property until it was over and they filed for...
[27:10.000 --> 27:16.000]  Yeah, but at that day, the clock started.
[27:16.000 --> 27:20.000]  The day they ordered you out of the property, that's when the clock started.
[27:20.000 --> 27:21.000]  Okay.
[27:21.000 --> 27:28.000]  If the time limit is six years in Indiana, you'll be on that.
[27:28.000 --> 27:30.000]  Okay.
[27:30.000 --> 27:33.000]  I don't see any way you get past it.
[27:33.000 --> 27:43.000]  If it was taken based on a proper lead against the property or the appearance of a property,
[27:43.000 --> 27:54.000]  then they take it in a foreclosure and you're timed to raise an issue about it in the past.
[27:54.000 --> 28:00.000]  Okay. I wish I had known what I know now back then.
[28:00.000 --> 28:02.000]  I didn't know nothing then.
[28:02.000 --> 28:07.000]  I just started law school a couple of years ago.
[28:07.000 --> 28:11.000]  You could have fought them big time and held them off for a long time,
[28:11.000 --> 28:14.000]  but it's a bit late at this point.
[28:14.000 --> 28:16.000]  Yeah.
[28:16.000 --> 28:19.000]  Okay. I wish I could help you more, Doug.
[28:19.000 --> 28:23.000]  Oh, well.
[28:23.000 --> 28:25.000]  Thank you for calling.
[28:25.000 --> 28:30.000]  Now we're going to go to Annette in Indiana.
[28:30.000 --> 28:33.000]  Annette. Hello, Annette.
[28:33.000 --> 28:36.000]  Hello.
[28:36.000 --> 28:41.000]  I have a question I've been foreclosed on too, like him,
[28:41.000 --> 28:46.000]  and mine was about a year and eight, nine months ago.
[28:46.000 --> 28:49.000]  I didn't know all that I know now.
[28:49.000 --> 28:53.000]  I had been foreclosed on my house that I was living on and two rental units.
[28:53.000 --> 28:55.000]  I had lost my job.
[28:55.000 --> 29:01.000]  And all of them were default, judgment default by default
[29:01.000 --> 29:03.000]  because I didn't show up because I didn't know what to do
[29:03.000 --> 29:07.000]  and I didn't have money to hire a lawyer either.
[29:07.000 --> 29:09.000]  Okay.
[29:09.000 --> 29:13.000]  Now, go ahead.
[29:13.000 --> 29:16.000]  That is not necessarily a problem.
[29:16.000 --> 29:22.000]  If you didn't do it right, you still have the ability to go back after that.
[29:22.000 --> 29:25.000]  Okay.
[29:25.000 --> 29:26.000]  Okay.
[29:26.000 --> 29:30.000]  Now, the one I'm trying to go after now is my regular property.
[29:30.000 --> 29:33.000]  It was my home, 20 acres.
[29:33.000 --> 29:38.000]  But anyway, they told me...
[29:38.000 --> 29:39.000]  Okay. Hang on.
[29:39.000 --> 29:41.000]  We're about to go to break.
[29:41.000 --> 29:44.000]  This is Randy Kelton, David Stevens.
[29:44.000 --> 29:48.000]  If you're watching this video or calling number 512-646-1984,
[29:48.000 --> 29:50.000]  give us a call.
[29:50.000 --> 29:52.000]  It's Stephen, Israel, Jeffrey.
[29:52.000 --> 29:53.000]  I see you there.
[29:53.000 --> 29:56.000]  We will pick you up when we come back on the other side.
[29:56.000 --> 30:03.000]  We'll be right back.
[30:03.000 --> 30:06.000]  Why do Americans order extra large portions of food
[30:06.000 --> 30:08.000]  when smaller servings would suffice?
[30:08.000 --> 30:10.000]  I'm Dr. Catherine Albrecht.
[30:10.000 --> 30:12.000]  In a moment, I'll share an interesting new study
[30:12.000 --> 30:16.000]  that provides some light on the psychology of overeating.
[30:16.000 --> 30:18.000]  Privacy is under attack.
[30:18.000 --> 30:21.000]  When you give up data about yourself, you'll never get it back again.
[30:21.000 --> 30:23.000]  And once your privacy is gone,
[30:23.000 --> 30:26.000]  you'll find your freedoms will start to vanish too.
[30:26.000 --> 30:29.000]  So protect your rights, say no to surveillance,
[30:29.000 --> 30:31.000]  and keep your information to yourself.
[30:31.000 --> 30:34.000]  Privacy, it's worth hanging on to.
[30:34.000 --> 30:37.000]  This public service announcement is brought to you by StartPage.com,
[30:37.000 --> 30:41.000]  the private search engine alternative to Google, Yahoo, and Bing.
[30:41.000 --> 30:45.000]  Start over with StartPage.
[30:45.000 --> 30:47.000]  Food is one of life's great pleasures,
[30:47.000 --> 30:51.000]  but too much can lead to a host of problems like heart disease and diabetes.
[30:51.000 --> 30:55.000]  So why do Americans keep opting for enormous food portions?
[30:55.000 --> 30:59.000]  Northwestern University researchers think it has to do with class consciousness.
[30:59.000 --> 31:01.000]  Like cars and TVs,
[31:01.000 --> 31:05.000]  Americans equate larger food portions with higher social status.
[31:05.000 --> 31:07.000]  People told researchers that drinking a large coffee
[31:07.000 --> 31:11.000]  meant someone was probably wealthier than someone else drinking a small size,
[31:11.000 --> 31:13.000]  even when the price was the same.
[31:13.000 --> 31:15.000]  So it follows that people who are feeling poor
[31:15.000 --> 31:18.000]  may try to compensate with bigger portions.
[31:18.000 --> 31:19.000]  Sure enough, in experiments,
[31:19.000 --> 31:23.000]  lower-income folks were more likely to go for gut-buster sizes.
[31:23.000 --> 31:25.000]  I'm Dr. Catherine Albrecht.
[31:25.000 --> 31:30.000]  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 --> 31:49.000]  Thousands of my fellow first responders are dying.
[31:49.000 --> 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 --> 31:58.000]  We're Americans, and we deserve the truth.
[31:58.000 --> 32:02.000]  Go to RememberBuilding7.org today.
[32:02.000 --> 32:05.000]  Rule of Law Radio is proud to offer the Rule of Law traffic seminar
[32:05.000 --> 32:06.000]  in today's America.
[32:06.000 --> 32:08.000]  We live in an us-against-them society.
[32:08.000 --> 32:10.000]  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.
[32:13.000 --> 32:15.000]  Among those rights are the right to travel freely from place to place,
[32:15.000 --> 32:17.000]  the right to act in our own private capacity,
[32:17.000 --> 32:20.000]  and most importantly, the right to due process of law.
[32:20.000 --> 32:22.000]  Traffic courts afford us the least expensive opportunity
[32:22.000 --> 32:25.000]  to learn how to enforce and preserve our rights through due process.
[32:25.000 --> 32:28.000]  Former Sheriff's Deputy Eddie Craig, in conjunction with Rule of Law Radio,
[32:28.000 --> 32:31.000]  has put together the most comprehensive teaching tool available
[32:31.000 --> 32:33.000]  that will help you understand what due process is
[32:33.000 --> 32:35.000]  and how to hold courts to the rule of law.
[32:35.000 --> 32:37.000]  You can get your own copy of this invaluable material
[32:37.000 --> 32:40.000]  by going to ruleoflawradio.com and ordering your copy today.
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[32:42.000 --> 32:45.000]  The Texas Transportation Code, The Law Versus the Lie,
[32:45.000 --> 32:47.000]  video and audio of the original 2009 seminar,
[32:47.000 --> 32:50.000]  hundreds of research documents, and other useful resource materials.
[32:50.000 --> 32:53.000]  Learn how to fight for your rights with the help of this material
[32:53.000 --> 32:54.000]  from ruleoflawradio.com.
[32:54.000 --> 32:57.000]  Order your copy today, and together we can have the free society
[32:57.000 --> 33:02.000]  we all want and deserve.
[33:02.000 --> 33:12.000]  Live, free speech radio, logosradionetwork.com.
[33:12.000 --> 33:41.000]  Yeah, yeah, yeah, I want, I want,
[33:41.000 --> 33:50.000]  I won't let you pull the wool over my eyes.
[33:50.000 --> 33:53.000]  Okay, we are back, Randy Kelton, Steve Skidmore,
[33:53.000 --> 33:57.000]  Rule of Law Radio, and the raffle.
[33:57.000 --> 34:01.000]  I didn't have the page up, so I couldn't give you the page up.
[34:01.000 --> 34:03.000]  Raffle, I keep saying raffle.
[34:03.000 --> 34:08.000]  She just told me, whatever you do, don't say raffle.
[34:08.000 --> 34:10.000]  That's a drawing.
[34:10.000 --> 34:12.000]  It's a drawing.
[34:12.000 --> 34:16.000]  Okay, we're going to draw pictures.
[34:16.000 --> 34:17.000]  No, no, okay.
[34:17.000 --> 34:18.000]  It is a drawing.
[34:18.000 --> 34:19.000]  It is not a raffle.
[34:19.000 --> 34:20.000]  Oops.
[34:20.000 --> 34:23.000]  Okay.
[34:23.000 --> 34:25.000]  Okay.
[34:25.000 --> 34:26.000]  Here it is.
[34:26.000 --> 34:30.000]  It is a, there are two weapons.
[34:30.000 --> 34:34.000]  There's a Ruger LC9 with a laser and holster.
[34:34.000 --> 34:36.000]  And the Ruger is cool.
[34:36.000 --> 34:39.000]  You pull it out of the holster, and the laser comes on automatically.
[34:39.000 --> 34:43.000]  And the kind of shooter I would be, I would need the laser.
[34:43.000 --> 34:47.000]  And the other one is really a beautiful old weapon.
[34:47.000 --> 34:53.000]  It is a Mosin M189, oops, no, MI-
[34:53.000 --> 34:55.000]  1891.
[34:55.000 --> 34:58.000]  1891.
[34:58.000 --> 35:02.000]  Slash 30 with bayonet.
[35:02.000 --> 35:04.000]  It is really old school.
[35:04.000 --> 35:09.000]  It has a five round clip.
[35:09.000 --> 35:12.000]  Looks like something right out of a tube.
[35:12.000 --> 35:20.000]  Anyway, it's $25 gets you a chance in drawing.
[35:20.000 --> 35:23.000]  For every $25, it gives you another chance.
[35:23.000 --> 35:30.000]  So go to LogosRadioNetwork.com and you'll see the banner right there on the front page.
[35:30.000 --> 35:39.000]  And we still have the colloidal silver and the, what are these called?
[35:39.000 --> 35:46.000]  The banners that one of our artisans in Boston is giving out.
[35:46.000 --> 35:51.000]  He has a whole bunch of banners he's giving out to people who donate.
[35:51.000 --> 36:00.000]  So go to LogosRadioNetwork and look on the front page, you'll see links to these.
[36:00.000 --> 36:07.000]  But these weapons, I'm not sure how long before the drawing will actually occur,
[36:07.000 --> 36:17.000]  but we can sure use your help and this will go a long way toward helping maintain the network.
[36:17.000 --> 36:21.000]  Okay, we're going to Annetta in Indiana.
[36:21.000 --> 36:28.000]  And when we went out, you were talking about a 10-acre property that you had foreclosed.
[36:28.000 --> 36:35.000]  Well, yeah, it was 20 acres about a year and eight, nine months ago.
[36:35.000 --> 36:40.000]  And I didn't show up for court on that one nor my other two.
[36:40.000 --> 36:42.000]  So I didn't have a like to stand.
[36:42.000 --> 36:45.000]  I would have lost because I didn't know what I was doing anyway.
[36:45.000 --> 36:50.000]  But anyway, I want to go after the one with the 20 acres.
[36:50.000 --> 36:53.000]  I want to go after the other two.
[36:53.000 --> 36:57.000]  I don't know if I'm going to have the means, money means to go after that
[36:57.000 --> 36:59.000]  because I will probably have to hire help.
[36:59.000 --> 37:03.000]  I'm not familiar with all the laws.
[37:03.000 --> 37:06.000]  But I want to go after the 20 acre.
[37:06.000 --> 37:15.000]  I didn't file bankruptcy nor did I find any remodification papers.
[37:15.000 --> 37:17.000]  So none of that happened.
[37:17.000 --> 37:21.000]  Did they offer you a modification?
[37:21.000 --> 37:23.000]  They did, but I didn't have a job.
[37:23.000 --> 37:27.000]  Everybody told me I would not have qualified.
[37:27.000 --> 37:31.000]  You don't have a job, you can't qualify for it.
[37:31.000 --> 37:36.000]  The reason I ask is they're required to offer a modification.
[37:36.000 --> 37:46.000]  There's not much I can do here in order to be able to tell what claims you have.
[37:46.000 --> 37:52.000]  I'd have to look at the documents from the recorder's office.
[37:52.000 --> 37:57.000]  Okay, Indiana is a judicial state.
[37:57.000 --> 37:58.000]  Yes.
[37:58.000 --> 38:03.000]  Was MERS included in your documentation?
[38:03.000 --> 38:10.000]  On the two round units it was, and David told me to call you because I had talked to him.
[38:10.000 --> 38:22.000]  On this one, only at the bottom it says Freddie Mac, Fannie Mae, uniform, instruments.
[38:22.000 --> 38:38.000]  The bank foreclosed on me that I had mortgaged with, but somewhere in it I guess they're saying that at the sheriff's sale that Fannie Mae got it.
[38:38.000 --> 38:39.000]  Okay.
[38:39.000 --> 38:48.000]  Who bought it at the foreclosure sale won't affect the foreclosure.
[38:48.000 --> 38:50.000]  I would have to look at the documentation.
[38:50.000 --> 39:00.000]  What we'll do is we go back and look for evidence that the lender breached some covenant of the security instrument.
[39:00.000 --> 39:08.000]  You can pretty well be sure that almost all of these notes were securitized.
[39:08.000 --> 39:17.000]  If they were securitized, there were changes in beneficial interest that went unrecorded.
[39:17.000 --> 39:18.000]  Yes.
[39:18.000 --> 39:26.000]  That goes to a breach of contract, and that gives grounds to go back after them.
[39:26.000 --> 39:30.000]  Did you have a specific question for me here?
[39:30.000 --> 39:32.000]  Yes.
[39:32.000 --> 39:38.000]  I wanted to know how I would go about it since the bank foreclosed on me.
[39:38.000 --> 39:48.000]  I sent you the documents even from the courthouse, from the county recorder's office, because I sent one to David.
[39:48.000 --> 39:51.000]  He told me to send one to you too.
[39:51.000 --> 40:00.000]  I sent documents and what was recorded at the county recorder's house and my mortgage and when the foreclosure was.
[40:00.000 --> 40:06.000]  This was a bank and not a credit union or a trust company?
[40:06.000 --> 40:07.000]  Yes.
[40:07.000 --> 40:08.000]  Okay.
[40:08.000 --> 40:10.000]  It was a bank.
[40:10.000 --> 40:16.000]  As far as I know, there were only two banks in the country that did not securitize their notes.
[40:16.000 --> 40:17.000]  Okay.
[40:17.000 --> 40:22.000]  One of them happens to be in northern Illinois.
[40:22.000 --> 40:26.000]  Was your bank in northern Illinois?
[40:26.000 --> 40:29.000]  No.
[40:29.000 --> 40:30.000]  Okay.
[40:30.000 --> 40:31.000]  Sixth or third bank.
[40:31.000 --> 40:39.000]  It's the one on the east coast.
[40:39.000 --> 40:40.000]  Pardon me?
[40:40.000 --> 40:41.000]  Okay.
[40:41.000 --> 40:42.000]  Hello?
[40:42.000 --> 40:45.000]  Can you repeat that?
[40:45.000 --> 40:46.000]  Hello?
[40:46.000 --> 40:50.000]  You broke up a little bit, Randy.
[40:50.000 --> 40:53.000]  Okay.
[40:53.000 --> 40:56.000]  Can you hear me now?
[40:56.000 --> 40:57.000]  Okay, yes.
[40:57.000 --> 41:00.000]  You're kind of breaking up, but right now I just, yes.
[41:00.000 --> 41:02.000]  I'm going to drop out and go to my cell phone.
[41:02.000 --> 41:03.000]  You sound good now.
[41:03.000 --> 41:06.000]  Whatever you're doing, keep doing it.
[41:06.000 --> 41:07.000]  Okay.
[41:07.000 --> 41:11.000]  My internet is kind of flaky here today.
[41:11.000 --> 41:12.000]  Okay.
[41:12.000 --> 41:13.000]  What to do?
[41:13.000 --> 41:29.000]  It's hard to say what to do until I've looked at the documentation in the county recorder's office, but we can almost be certain that the bank who issued the.
[41:29.000 --> 41:36.000]  Note who purported to fund the transaction.
[41:36.000 --> 41:42.000]  Sold at least the beneficial interest of the note into trust.
[41:42.000 --> 41:48.000]  And that creates problems for the bank because.
[41:48.000 --> 41:55.000]  If they have sold a beneficial interest in the note and they haven't reported it, then we have claims against them.
[41:55.000 --> 41:59.000]  We may have a claim in that we get this.
[41:59.000 --> 42:02.000]  It may turn out that the bank never funded the note to start with.
[42:02.000 --> 42:10.000]  If it's a small bank, there's a good chance that this was a table-funded note.
[42:10.000 --> 42:25.000]  Where that goes to is you as an unsophisticated consumer were exercised due diligence in only deal dealing with licensed lenders.
[42:25.000 --> 42:34.000]  And you dealt with this lender under the presumption that the lender provided the funding for the note.
[42:34.000 --> 42:45.000]  But it may well be they didn't provide it at all. Washington Mutual, Wachovia and Deutsche Bank.
[42:45.000 --> 43:05.000]  Washington Mutual was put out of business for this reason. Wachovia was caught red handed and Deutsche Bank admitted that they were using their bank to launder funds from Colombian and Mexican drug cartels.
[43:05.000 --> 43:16.000]  So it may well be that you were not actually dealing with the bank as the lender. The lender may well have been a pretender lender.
[43:16.000 --> 43:22.000]  And the funds could well have come from a Mexican drug cartel or somewhere else.
[43:22.000 --> 43:29.000]  And you wound up doing business with someone that was not disclosed.
[43:29.000 --> 43:39.000]  And it could well be that if one of those interested parties had been disclosed, you would never have done business with them.
[43:39.000 --> 43:42.000]  That goes too far by non-disclosure.
[43:42.000 --> 43:49.000]  Okay, hang on, we're about to go to break. This is Randy Kelton, David Stevens, Steve Skigmore, Ruba Radio.
[43:49.000 --> 44:02.000]  We'll call it number 512-646-1984. We'll be right back.
[44:02.000 --> 44:06.000]  Hello, my name is Stuart Smith from naturespureorganics.com.
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[46:14.000 --> 46:43.000]  Okay, we are back. Randy Kelton, David McSteven, Steve Skidmore, Rule of Law Radio, and we're talking to Annetta in Indiana.
[46:43.000 --> 46:46.000]  Annetta, where were we?
[46:46.000 --> 46:57.000]  Okay, you said that I may not be aware of who my real lender is, that they could have brought in the funds from somewhere else.
[46:57.000 --> 47:08.000]  I'm going through some of the issues that we could potentially bring. I'll know more about it once I've looked at the documentation.
[47:08.000 --> 47:20.000]  Apparently, if the same bank who issued the note also proposed, there probably wasn't many transfers or appointments or assignments.
[47:20.000 --> 47:28.000]  And it could well be that this bank – oh, I'm sorry. When was this note issued?
[47:28.000 --> 47:32.000]  When was what?
[47:32.000 --> 47:35.000]  When did you get the phone?
[47:35.000 --> 47:38.000]  Okay.
[47:38.000 --> 47:43.000]  What year did you go to closing?
[47:43.000 --> 47:46.000]  What year? It was in 2007.
[47:46.000 --> 47:47.000]  Okay.
[47:47.000 --> 48:02.000]  And a good chance – if it's 2007, that's before the crash occurred, just before – that was right at the time when the foreclosures were beginning to roll over the top of the bell curve.
[48:02.000 --> 48:04.000]  Yeah, it was peaking then.
[48:04.000 --> 48:12.000]  So good chance your mortgage was securitized.
[48:12.000 --> 48:18.000]  And if that's the case, then we can sort that out. Then we have a number of accusations against the bank.
[48:18.000 --> 48:28.000]  And the biggest problem the bank would have is being able to prove that it still had agency standing in capacity to do the foreclosure.
[48:28.000 --> 48:35.000]  So there's a lot of general stuff. I can't get very specific without looking at the documentation.
[48:35.000 --> 48:36.000]  Yeah.
[48:36.000 --> 48:47.000]  So if you've sent me the documentation, call me – call me next week and I will be a lot more up to speed on what I think we can do.
[48:47.000 --> 48:50.000]  And actually we'll probably talk in a week.
[48:50.000 --> 48:55.000]  Yeah, I've already sent it to you on your email.
[48:55.000 --> 48:59.000]  Okay, then I'll have it. I'll respond to you once I've looked at it.
[48:59.000 --> 49:12.000]  Yeah. But how would I be able to prove it or find out if that's what actually happened? Would it be through a securitization audit?
[49:12.000 --> 49:16.000]  Well, the first thing I want to do is look at the documentation.
[49:16.000 --> 49:17.000]  Okay.
[49:17.000 --> 49:31.000]  I will suggest a chain of title audit through general if your paperwork indicates that it may be of value.
[49:31.000 --> 49:45.000]  I don't always suggest the audit because I've got one here where this small company out of Georgia issued a note.
[49:45.000 --> 49:48.000]  Two years later, it went out of business.
[49:48.000 --> 49:52.000]  A year after that, Deutsche Bank gave the modification.
[49:52.000 --> 50:02.000]  And then in 2012, about seven years later, Merz assigned the deed of trust to Deutsche Bank.
[50:02.000 --> 50:04.000]  It's a lending company.
[50:04.000 --> 50:12.000]  Well, the lending company was a person. It was the corporation. It was Southern Star Fund.
[50:12.000 --> 50:17.000]  It was a corporation and it was a person under law.
[50:17.000 --> 50:21.000]  In 2007, that person died.
[50:21.000 --> 50:26.000]  So Merz claimed to be an agent for that dead person.
[50:26.000 --> 50:29.000]  We can't be an agent for a dead person.
[50:29.000 --> 50:31.000]  Wow.
[50:31.000 --> 50:35.000]  And a dead person can't direct their agent to transfer the deed of trust.
[50:35.000 --> 50:38.000]  So in that one, I don't need a chain of title audit.
[50:38.000 --> 50:44.000]  This is obvious. And the trustee who did the sale was never appointed to substitute trustee.
[50:44.000 --> 50:46.000]  So we've got enough there. We don't need it.
[50:46.000 --> 50:50.000]  So I want to look at yours and see if…
[50:50.000 --> 50:54.000]  It was Merz before I refinanced.
[50:54.000 --> 50:59.000]  That won't make any difference after you refinance all of that.
[50:59.000 --> 51:11.000]  If Merz is implicated on the deed of trust, then it's got to have been securitized.
[51:11.000 --> 51:15.000]  That's what Merz is for.
[51:15.000 --> 51:16.000]  I'm sorry?
[51:16.000 --> 51:18.000]  The last one did not have Merz.
[51:18.000 --> 51:19.000]  I got you.
[51:19.000 --> 51:27.000]  So the prior note with Merz won't make any difference because that one was extinguished when there was a refinance.
[51:27.000 --> 51:33.000]  Okay. Was it a refi or a HELOG? Just out of curiosity.
[51:33.000 --> 51:38.000]  I refied it. I refied it from quick and long to fifth third.
[51:38.000 --> 51:40.000]  Okay. Got you.
[51:40.000 --> 51:41.000]  Yeah.
[51:41.000 --> 51:42.000]  Okay.
[51:42.000 --> 51:46.000]  Okay. So after I've looked over the documentation, I'll be able to tell you more.
[51:46.000 --> 51:47.000]  Okay.
[51:47.000 --> 51:54.000]  Okay. Thank you, Annette. We're going to move along. We're going to Steve in Texas.
[51:54.000 --> 51:56.000]  All right. Bye-bye.
[51:56.000 --> 51:59.000]  Bye-bye.
[51:59.000 --> 52:05.000]  Okay. I almost got you, Steve. I'm having a little trouble with this page.
[52:05.000 --> 52:08.000]  Okay. There you go. You should be unmuted now.
[52:08.000 --> 52:10.000]  Okay. Can you hear me now?
[52:10.000 --> 52:11.000]  We can.
[52:11.000 --> 52:12.000]  I can hear you now.
[52:12.000 --> 52:22.000]  All right. Hey, I kind of wanted to ask. I went to trying to get back into the bargrimace.net site after some time,
[52:22.000 --> 52:28.000]  but my search is we're trying to block it. Is there something going on or are they...
[52:28.000 --> 52:41.000]  It shouldn't be with bargrimace. Bargrimace is on a private virtual server in Iceland, so it should not be blocked.
[52:41.000 --> 52:55.000]  But I will check it. I've got to make some changes to it because the Texas bar has changed their bargrimace document.
[52:55.000 --> 53:02.000]  I'll have to get their document converted to a PDF and get it to my program and get him to upload it.
[53:02.000 --> 53:14.000]  The document is...the site is done in XML and I don't have any knowledge of how to write this XML, so I can't work with it.
[53:14.000 --> 53:17.000]  I've got to get my programmer to fix it.
[53:17.000 --> 53:28.000]  But it's simple enough if you want to file a grievance just to go on the Texas State bar site and pull down their form,
[53:28.000 --> 53:38.000]  I'd suggest that you make a grievance in and if they have an option to send it in electronically, I suggest you don't do that.
[53:38.000 --> 53:47.000]  You download it, print it, sign it, send it to certified mail to prove that you sent it.
[53:47.000 --> 54:00.000]  Okay. And also then wanted to ask if you talked about copying the bonding agents on that, where have you all gotten a good list of bonding agents in the data?
[54:00.000 --> 54:11.000]  I've got a guy that is supposed to know all of them, but I can't get him to give me the listing of them.
[54:11.000 --> 54:23.000]  He's an insurance adjuster and has been forever and is very knowledgeable, but he was supposed to give us all of those, but we haven't been able to get him yet.
[54:23.000 --> 54:32.000]  It's really not necessary because it's in the contract with the lawyer that if he gets a bar grievance,
[54:32.000 --> 54:42.000]  he's required to notify his insurance agent, his insurance company, otherwise he won't be covered.
[54:42.000 --> 54:56.000]  So a lawyer paying 35, 40 grand a year, malpractice insurance, if he gets a grievance and doesn't report it, he's paying 45 grand a year for nothing.
[54:56.000 --> 55:03.000]  So you can be pretty sure they will report the grievance.
[55:03.000 --> 55:07.000]  Sometimes there are memory lapses, though. You've got to help them out.
[55:07.000 --> 55:14.000]  I just don't have them. I haven't had time to chase those down.
[55:14.000 --> 55:24.000]  I had a list of them around here. You can do an internet search for bonding agents, legal malpractice insurance.
[55:24.000 --> 55:28.000]  There's not but a handful of them that do legal malpractice.
[55:28.000 --> 55:32.000]  Yeah, I thought there was only about nine, I think.
[55:32.000 --> 55:36.000]  Nine major ones, yeah.
[55:36.000 --> 55:42.000]  I know the one that while I was a notary here in Texas, I know who was bonding me.
[55:42.000 --> 55:47.000]  That would be one, but I just didn't know of others at the moment.
[55:47.000 --> 55:53.000]  Yeah, I think there's like fidelity and there's several that do that.
[55:53.000 --> 55:57.000]  Fidelity, I believe, is one of them.
[55:57.000 --> 56:00.000]  Don't quote me on that, but I believe it is.
[56:00.000 --> 56:11.000]  Yeah, you can go online and compile a list of anyone that does legal malpractice.
[56:11.000 --> 56:14.000]  All right, guys. I appreciate your time. Thank you.
[56:14.000 --> 56:15.000]  You bet.
[56:15.000 --> 56:20.000]  Okay. Thank you, Steve. Now we're going to go to Israel in California.
[56:20.000 --> 56:22.000]  Hello, Israel.
[56:22.000 --> 56:25.000]  Hello, Randy. Good evening, gentlemen.
[56:25.000 --> 56:30.000]  Quick questions. I don't want to take too much of your time.
[56:30.000 --> 56:38.000]  The property was to be scheduled for sale on the 24th of December at 1030 a.m.
[56:38.000 --> 56:48.000]  Somehow, with the help of David, sent the tort letter and criminal letter.
[56:48.000 --> 56:55.000]  Somehow, when I checked in the Internet in Recon Trust, I checked it before
[56:55.000 --> 57:00.000]  and it was scheduled for sale on the 24th.
[57:00.000 --> 57:08.000]  Then I went and checked it on Wednesday, and then it was taken off the sale schedule.
[57:08.000 --> 57:16.000]  I did call Recon Trust, and yes, indeed, it confirmed that this property was penciled.
[57:16.000 --> 57:21.000]  That's where the paper for their automatic voicemail came.
[57:21.000 --> 57:31.000]  My question to you, Randy, is when a sale is canceled, do they have to notify me again,
[57:31.000 --> 57:35.000]  or they just automatically put it in sale at any given day?
[57:35.000 --> 57:38.000]  They just automatically put it in sale.
[57:38.000 --> 57:46.000]  In California, it is the practice to post it for sale every month,
[57:46.000 --> 57:52.000]  even if you have litigation or something going on.
[57:52.000 --> 57:54.000]  There's probably two reasons.
[57:54.000 --> 58:00.000]  One is to annoy the borrower, and the other one is so that if all the litigation is cleared up
[58:00.000 --> 58:06.000]  in that month, they can go and sell.
[58:06.000 --> 58:12.000]  I've had people a couple of years, every month, they would post it for sale,
[58:12.000 --> 58:15.000]  and then just before the time of the sale, they would pull it.
[58:15.000 --> 58:19.000]  It's a common practice in California.
[58:19.000 --> 58:21.000]  I wouldn't be concerned about that.
[58:21.000 --> 58:27.000]  As long as you have an action against them as a rule, they won't foreclose.
[58:27.000 --> 58:29.000]  There is no hard and fast.
[58:29.000 --> 58:36.000]  There is no law or statute that specifically forbids them to foreclose.
[58:36.000 --> 58:37.000]  They can't anyway.
[58:37.000 --> 58:39.000]  They just tend not to avoid litigation.
[58:39.000 --> 58:40.000]  Hang on.
[58:40.000 --> 58:43.000]  This is Randy Kelton, Debbie Stevens, Reviews by Radio.
[58:43.000 --> 58:46.000]  I'll call it number 512-646-1984.
[58:46.000 --> 59:00.000]  We'll be right back.
[59:16.000 --> 59:36.000]  We'll be right back.
[59:46.000 --> 01:00:03.000]  You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:03.000 --> 01:00:08.000]  This is the Liberty Beat, your daily source for Liberty news and activist updates,
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[01:00:10.000 --> 01:00:15.000]  I'm Brian Hagan with your Liberty Beat for Friday, December 20th, 2013.
[01:00:15.000 --> 01:00:18.000]  Gold opened today at $1,205.
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[01:00:47.000 --> 01:00:51.000]  In the news today, Overstock.com will begin accepting Bitcoin.
[01:00:51.000 --> 01:00:55.000]  That word from Patrick Byrne, CEO and Chairman of the online retail seller.
[01:00:55.000 --> 01:01:01.000]  According to marketwatch.com, Byrne says his company will begin accepting Bitcoin in the second half of 2014.
[01:01:01.000 --> 01:01:05.000]  Byrne said the company is considering financial tools to hedge their risk with Bitcoin,
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[01:01:17.000 --> 01:01:22.000]  Nine European countries are added to the list of those assisting the NSA with spying operations abroad.
[01:01:22.000 --> 01:01:28.000]  The Swedish TV program, Mission Investigate, went public with a newly leaked Edward Snowden document
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[01:01:54.000 --> 01:01:59.000]  earlier this year by James Clapper, the Director of National Intelligence.
[01:01:59.000 --> 01:02:03.000]  The letter states that Clapper's exposed lies contributed to unhealthy cynicism
[01:02:03.000 --> 01:02:06.000]  and distrust that citizens feel toward their government.
[01:02:06.000 --> 01:02:12.000]  After Director Clapper told the Senate Select Committee that the NSA did not collect data on hundreds of millions of Americans,
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[01:03:21.000 --> 01:03:23.000]  Okay, we are back.
[01:03:23.000 --> 01:03:30.000]  Landon Kelton, Steve Skidmore with our radio and we're talking to Israel in California.
[01:03:30.000 --> 01:03:31.000]  Okay, Israel.
[01:03:31.000 --> 01:03:32.000]  Yes.
[01:03:32.000 --> 01:03:33.000]  You didn't get it.
[01:03:33.000 --> 01:03:40.000]  Your voice broke down when I asked you about cancellation.
[01:03:40.000 --> 01:03:46.000]  Is the bank can resell it immediately or change trustee sellers or...
[01:03:46.000 --> 01:03:47.000]  Okay.
[01:03:47.000 --> 01:03:48.000]  Will they give you...
[01:03:48.000 --> 01:03:49.000]  Yes, okay.
[01:03:49.000 --> 01:03:50.000]  Hold on.
[01:03:50.000 --> 01:03:59.000]  If the bank gives you notice of the sale date, if that sale date is canceled,
[01:03:59.000 --> 01:04:05.000]  they can reset the date without giving you further notice.
[01:04:05.000 --> 01:04:10.000]  And they will reset the date every month.
[01:04:10.000 --> 01:04:17.000]  Generally, they will not sell the note as long as you have some type of mitigation going on.
[01:04:17.000 --> 01:04:25.000]  We've had people for two or three years have the date set, reset every month.
[01:04:25.000 --> 01:04:34.000]  And they do that so that if all of the issues are cleared up in one month, they can go ahead and sell.
[01:04:34.000 --> 01:04:39.000]  I think they really do it because it annoys the borrower and adds more pressure to them.
[01:04:39.000 --> 01:04:43.000]  But generally, this only occurs in California.
[01:04:43.000 --> 01:04:48.000]  Everywhere else, they take it off the sale and don't put it back.
[01:04:48.000 --> 01:04:53.000]  In California, it'll go on every month as a matter of course.
[01:04:53.000 --> 01:04:54.000]  I see.
[01:04:54.000 --> 01:04:55.000]  Okay.
[01:04:55.000 --> 01:04:56.000]  The other issue...
[01:04:56.000 --> 01:05:02.000]  So actually, within a month, they can put it again if they wanted to.
[01:05:02.000 --> 01:05:10.000]  So actually, I do have at least 20 or 21 days left because I have not done the filing simply because
[01:05:10.000 --> 01:05:13.000]  they sent it to me and it came in parts.
[01:05:13.000 --> 01:05:19.000]  It didn't come for me to file it directly because I have to put a whole bunch of things together.
[01:05:19.000 --> 01:05:28.000]  So my question to you is when you send that filing to your clients, can that be sent completely
[01:05:28.000 --> 01:05:34.000]  so I don't have to be cutting and pasting or resetting things because I'm not a computer person
[01:05:34.000 --> 01:05:37.000]  and it's kind of difficult for me to do it.
[01:05:37.000 --> 01:05:44.000]  Yes, I can redo the whole thing but this is not the place to address those kinds of issues.
[01:05:44.000 --> 01:05:47.000]  Get me off the air and I will make whatever corrections it needs.
[01:05:47.000 --> 01:05:53.000]  This is about 70 pages and I try to get all of the information I need.
[01:05:53.000 --> 01:05:54.000]  Sometimes it gets right.
[01:05:54.000 --> 01:06:03.000]  I do this with Word documentation and Word makes me crazy sometimes because it tends to blinks.
[01:06:03.000 --> 01:06:05.000]  But that's easy enough to fix.
[01:06:05.000 --> 01:06:11.000]  The thing that needs to be sent immediately is the debt validation letter.
[01:06:11.000 --> 01:06:17.000]  The banks will foreclose on everything that's easy.
[01:06:17.000 --> 01:06:25.000]  When they get any kind of feedback, anything that's resistance, they tend to put it on the back burner.
[01:06:25.000 --> 01:06:29.000]  So we give them the debt validation letter right away and they know they're going to have someone
[01:06:29.000 --> 01:06:34.000]  objecting to their actions and that will generally keep them from doing the stale.
[01:06:34.000 --> 01:06:38.000]  They already had the debt validation letters.
[01:06:38.000 --> 01:06:44.000]  Three of them, Bank of America comes away and the other one is the tort letter.
[01:06:44.000 --> 01:06:47.000]  Three of them received the tort letter.
[01:06:47.000 --> 01:06:56.000]  That is most likely why they pulled it off the sale because they know they're going to have issues.
[01:06:56.000 --> 01:07:03.000]  They don't want to sell the property and then wind up with a toxic asset.
[01:07:03.000 --> 01:07:05.000]  Okay, good.
[01:07:05.000 --> 01:07:10.000]  So then once they sell the property, they'll buy it back.
[01:07:10.000 --> 01:07:14.000]  Now they're with this property as long as the litigation is going on.
[01:07:14.000 --> 01:07:21.000]  So once you come after them, the last thing they want is that property to be empty, especially in California.
[01:07:21.000 --> 01:07:25.000]  California's got new laws concerning foreclosed properties.
[01:07:25.000 --> 01:07:32.000]  If they have an empty foreclosed property and they don't maintain it, it's a felony.
[01:07:32.000 --> 01:07:34.000]  So these guys can go to prison.
[01:07:34.000 --> 01:07:40.000]  So they don't want these properties unless they can move them off of their books.
[01:07:40.000 --> 01:07:52.000]  But yes, all I need to do is say, when I sent this to David, he told me it had two errors in it, minor errors.
[01:07:52.000 --> 01:07:58.000]  And I've probably done this a hundred times with this same procedure.
[01:07:58.000 --> 01:08:03.000]  And here it is a hundred times later, I've got two errors that I've never seen before.
[01:08:03.000 --> 01:08:05.000]  It makes me crazy.
[01:08:05.000 --> 01:08:08.000]  But that's the fix.
[01:08:08.000 --> 01:08:13.000]  I have it in the computer, so I'll just make the corrections, reprint it out, and get it back to you.
[01:08:13.000 --> 01:08:17.000]  Oh, please, please do that so I can do the filing properly by Monday.
[01:08:17.000 --> 01:08:22.000]  The other question is, since this was going to be on sale on Tuesday, the 24th,
[01:08:22.000 --> 01:08:28.000]  do I need to go to the auction just to be sure that they don't sell at all or to get the...
[01:08:28.000 --> 01:08:31.000]  Always go down there with the red folder.
[01:08:31.000 --> 01:08:33.000]  Absolutely.
[01:08:33.000 --> 01:08:34.000]  Okay, very good.
[01:08:34.000 --> 01:08:35.000]  I'll do that then.
[01:08:35.000 --> 01:08:50.000]  And my last question, since I declared bankruptcy, it was finalized on the 28th of December 2011.
[01:08:50.000 --> 01:08:59.000]  I contacted the attorney and they told me that because it's been a while, I cannot reopen the case.
[01:08:59.000 --> 01:09:04.000]  Okay, have you talked to David about that?
[01:09:04.000 --> 01:09:09.000]  Yeah, he told me that I need to go and open my own case.
[01:09:09.000 --> 01:09:12.000]  So listen to other customers.
[01:09:12.000 --> 01:09:16.000]  I don't know if I can do it myself or...
[01:09:16.000 --> 01:09:21.000]  Oh, yeah, yeah, David can talk to David, he can show you how to fill out the paperwork,
[01:09:21.000 --> 01:09:24.000]  number to do their own bankruptcy.
[01:09:24.000 --> 01:09:26.000]  Yeah, for bankruptcy, you don't need an attorney.
[01:09:26.000 --> 01:09:29.000]  This is just not that difficult.
[01:09:29.000 --> 01:09:30.000]  Well, no, I'm not doing bankruptcy.
[01:09:30.000 --> 01:09:33.000]  I'm reopening the bankruptcy because...
[01:09:33.000 --> 01:09:43.000]  Yeah, what I'm saying is, do bankruptcy, reopen bankruptcy, you can do that if you need an attorney.
[01:09:43.000 --> 01:09:52.000]  Okay, and then the instruction to change that to letter F or something like that,
[01:09:52.000 --> 01:09:54.000]  I didn't get that part when you were...
[01:09:54.000 --> 01:10:05.000]  Yeah, your schedule F is where you would report your property as secured or unsecured.
[01:10:05.000 --> 01:10:07.000]  Okay, so unsecured.
[01:10:07.000 --> 01:10:10.000]  David will show you how to do that.
[01:10:10.000 --> 01:10:13.000]  David is the bankruptcy person.
[01:10:13.000 --> 01:10:16.000]  I know some about it, but I don't know the detail.
[01:10:16.000 --> 01:10:20.000]  He's the one that will tell you exactly how to do it.
[01:10:20.000 --> 01:10:25.000]  Yeah, I know enough about bankruptcy to get in trouble with it.
[01:10:25.000 --> 01:10:30.000]  I do know that schedule F is where you put your secured or unsecured property.
[01:10:30.000 --> 01:10:31.000]  Where I have to go.
[01:10:31.000 --> 01:10:37.000]  Okay, because if that happened, then Bank of America are not able to prove
[01:10:37.000 --> 01:10:41.000]  with the two debt validation letters, they just send me a whole bunch of papers
[01:10:41.000 --> 01:10:43.000]  saying that they cannot provide that information to me
[01:10:43.000 --> 01:10:49.000]  because the original documentation has to be held by the owner.
[01:10:49.000 --> 01:10:51.000]  That's their responsibility.
[01:10:51.000 --> 01:10:59.000]  Yeah, this is the problem they have in Chapter 7 bankruptcy.
[01:10:59.000 --> 01:11:08.000]  Whoever has the claim has to come to the bankruptcy court and prove up their claim.
[01:11:08.000 --> 01:11:16.000]  And the problem the bank has is even if they hold a valid claim,
[01:11:16.000 --> 01:11:21.000]  for the most part because of the way they have screwed up the documentation,
[01:11:21.000 --> 01:11:26.000]  they can't prove that they have a valid claim.
[01:11:26.000 --> 01:11:31.000]  And by doing this in bankruptcy, now you have the bankruptcy trustee
[01:11:31.000 --> 01:11:34.000]  who's responsible for the bankruptcy.
[01:11:34.000 --> 01:11:37.000]  They have to prove to the trustee.
[01:11:37.000 --> 01:11:43.000]  And we've had a number of wins this way where the bank can't prove up their position.
[01:11:43.000 --> 01:11:52.000]  So the note gets before the bankruptcy court is unsecured,
[01:11:52.000 --> 01:11:55.000]  the bankruptcy court writes it off.
[01:11:55.000 --> 01:11:59.000]  So with bankruptcy, there's a chance you'd make the whole thing go away.
[01:11:59.000 --> 01:12:07.000]  And if the bank tries to prove up its position,
[01:12:07.000 --> 01:12:15.000]  that's when we'll take over on their position.
[01:12:15.000 --> 01:12:20.000]  Because they'll come and lie to the court and we know how to catch them.
[01:12:20.000 --> 01:12:21.000]  Okay, great.
[01:12:21.000 --> 01:12:23.000]  Okay, thank you for your time, Jim, so much.
[01:12:23.000 --> 01:12:25.000]  I really appreciate your help now.
[01:12:25.000 --> 01:12:28.000]  I feel better and would be able to sleep better.
[01:12:28.000 --> 01:12:29.000]  Thank you.
[01:12:29.000 --> 01:12:30.000]  Good.
[01:12:30.000 --> 01:12:31.000]  Okay.
[01:12:31.000 --> 01:12:33.000]  Yeah, we have Steve here.
[01:12:33.000 --> 01:12:34.000]  What?
[01:12:34.000 --> 01:12:40.000]  How long ago was it that I first dealt with you on this?
[01:12:40.000 --> 01:12:47.000]  You were how many days from eviction?
[01:12:47.000 --> 01:12:48.000]  Just a handful.
[01:12:48.000 --> 01:12:53.000]  I mean, I think it was two or three days out.
[01:12:53.000 --> 01:12:54.000]  Yeah.
[01:12:54.000 --> 01:12:57.000]  And you're still in the house then how many years ago was that?
[01:12:57.000 --> 01:13:01.000]  Oh, we're going on five years now.
[01:13:01.000 --> 01:13:05.000]  So you gave notice of eviction, so your property was sold actually though.
[01:13:05.000 --> 01:13:06.000]  Oh, yeah.
[01:13:06.000 --> 01:13:07.000]  Yeah.
[01:13:07.000 --> 01:13:08.000]  Well, they claim it was.
[01:13:08.000 --> 01:13:12.000]  Now, keep in mind that there is no true sale without a perfected lien
[01:13:12.000 --> 01:13:15.000]  and you can't perfect a lien under a clouded title,
[01:13:15.000 --> 01:13:20.000]  you know, that you got to get the right venue to argue that.
[01:13:20.000 --> 01:13:28.000]  See, we've had a number of people at and after the eviction hearing
[01:13:28.000 --> 01:13:30.000]  that we've got them stopped.
[01:13:30.000 --> 01:13:35.000]  Yours hasn't even been foreclosed on yet, so you're in good shape.
[01:13:35.000 --> 01:13:36.000]  Okay, great.
[01:13:36.000 --> 01:13:37.000]  Thank you.
[01:13:37.000 --> 01:13:39.000]  That's where we're next.
[01:13:39.000 --> 01:13:44.000]  Oh, and just for the record, when I go through the documentation,
[01:13:44.000 --> 01:13:49.000]  I may suggest that you let them foreclose.
[01:13:49.000 --> 01:13:52.000]  I know this is hard for someone in the house to hear,
[01:13:52.000 --> 01:13:59.000]  but I've got one that I'm working on now that we got it after foreclosure.
[01:13:59.000 --> 01:14:07.000]  But if it was before foreclosure, I would have let them foreclose by all means.
[01:14:07.000 --> 01:14:16.000]  By all means. Oh, we have one now where we have a assignment of deed of trust.
[01:14:16.000 --> 01:14:26.000]  We have EverBank, the deed of trust to EverBank.
[01:14:26.000 --> 01:14:33.000]  Mer is acting as nominee for EverBank, assigned the deed of trust to EverBank.
[01:14:33.000 --> 01:14:34.000]  Okay.
[01:14:34.000 --> 01:14:37.000]  And what's the whole point of that for?
[01:14:37.000 --> 01:14:46.000]  EverBank mortgage is the one that's given notice of intent to foreclose.
[01:14:46.000 --> 01:14:48.000]  Oops.
[01:14:48.000 --> 01:14:53.000]  EverBank mortgage is not EverBank.
[01:14:53.000 --> 01:15:04.000]  So they have, they lend the borrower a document that said that they transferred
[01:15:04.000 --> 01:15:11.000]  the security instrument from EverBank to EverBank mortgage.
[01:15:11.000 --> 01:15:15.000]  But when I went into the record and pulled the actual document,
[01:15:15.000 --> 01:15:19.000]  they left out mortgage company.
[01:15:19.000 --> 01:15:24.000]  So they transferred the deed of trust from EverBank to EverBank.
[01:15:24.000 --> 01:15:27.000]  They did not transfer it to EverBank mortgage.
[01:15:27.000 --> 01:15:30.000]  So go ahead, guys, foreclose.
[01:15:30.000 --> 01:15:36.000]  When you do that, we're going to land on you like a ton of bricks.
[01:15:36.000 --> 01:15:39.000]  Now we have wrongful foreclosures here.
[01:15:39.000 --> 01:15:42.000]  So there's sometimes we suggest to go ahead and foreclose,
[01:15:42.000 --> 01:15:47.000]  and it's not such a problem because just because they foreclose,
[01:15:47.000 --> 01:15:56.000]  they still got the property and we have a lot of ways to stop them.
[01:15:56.000 --> 01:16:01.000]  The ones that are hard is when the people call me and say,
[01:16:01.000 --> 01:16:08.000]  they came and put the tag on my door today giving me 24 hours to vacate.
[01:16:08.000 --> 01:16:10.000]  That's when it's tough.
[01:16:10.000 --> 01:16:13.000]  Sometimes we can stop it, sometimes we can't.
[01:16:13.000 --> 01:16:19.000]  But if we get it before the eviction hearing or before the foreclosure itself,
[01:16:19.000 --> 01:16:25.000]  we can pretty well hold them off for quite a while.
[01:16:25.000 --> 01:16:30.000]  So if I look at your paperwork, if they had really screwed it up bad,
[01:16:30.000 --> 01:16:35.000]  I want to tell them go ahead and foreclose, guys,
[01:16:35.000 --> 01:16:38.000]  because we're going to be waiting for you when you do.
[01:16:38.000 --> 01:16:41.000]  But most of the time that doesn't happen.
[01:16:41.000 --> 01:16:44.000]  Okay.
[01:16:44.000 --> 01:16:46.000]  Thank you, Israel.
[01:16:46.000 --> 01:16:50.000]  This is Randy Kelton, Deborah Stevens, Steve Skidmore,
[01:16:50.000 --> 01:16:55.000]  rule of law radio, our call in number, 512-646-1984.
[01:16:55.000 --> 01:16:57.000]  Jeffrey, I'll see you there.
[01:16:57.000 --> 01:17:02.000]  We'll pick you up on the other side.
[01:17:02.000 --> 01:17:05.000]  To celebrate recent victories for our right to bear arms,
[01:17:05.000 --> 01:17:10.000]  Logos Radio Network is giving away two firearms as part of this year's fundraiser
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[01:18:01.000 --> 01:18:05.000]  At Capital Coin and Bullion, our mission is to be your preferred shopping destination
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[01:19:25.000 --> 01:19:40.000]  Okay, we are back.
[01:19:40.000 --> 01:19:44.000]  Red McElton, Steve Skidmore, Wheel of Law Radio.
[01:19:44.000 --> 01:19:50.000]  And I have to admit that I messed up when I did the...
[01:19:50.000 --> 01:19:55.000]  The promotions.
[01:19:55.000 --> 01:19:58.000]  The promotions, I messed up a little.
[01:19:58.000 --> 01:20:08.000]  I forgot to mention along with the two guns, I forgot to mention Randy's Beer Fund.
[01:20:08.000 --> 01:20:11.000]  How could you forget Randy's Beer Fund?
[01:20:11.000 --> 01:20:25.000]  No, I must be getting old. But along with the Ruger LC9 and the Mosin M1891,
[01:20:25.000 --> 01:20:31.000]  as I understand this weapon was actually designed in the 1870s.
[01:20:31.000 --> 01:20:37.000]  Along with that, we definitely do not want to forget Randy's Beer Fund.
[01:20:37.000 --> 01:20:42.000]  Now, I have had to migrate from the barley to the root.
[01:20:42.000 --> 01:20:47.000]  And even root beer has to be diet, but that's what happens when you get old.
[01:20:47.000 --> 01:20:50.000]  Okay, enough of that.
[01:20:50.000 --> 01:20:56.000]  Jeffrey in Florida. Hello, Jeffrey. What do you have for us?
[01:20:56.000 --> 01:20:59.000]  Hi.
[01:20:59.000 --> 01:21:00.000]  Oh, Jeffrey.
[01:21:00.000 --> 01:21:03.000]  In 2007...
[01:21:03.000 --> 01:21:09.000]  Hold on, hold on, hold on. You sound like you've got your head in a toilet or in a well.
[01:21:09.000 --> 01:21:11.000]  Are you on the speakerphone, Jeffrey?
[01:21:11.000 --> 01:21:12.000]  Yeah, I'll get off.
[01:21:12.000 --> 01:21:14.000]  Yeah, thank you.
[01:21:14.000 --> 01:21:15.000]  Sorry about that.
[01:21:15.000 --> 01:21:19.000]  Oh, that's a lot better. That's a lot better. Yeah, it sounded real hollow.
[01:21:19.000 --> 01:21:23.000]  It's nice to know you got your head out of the commode.
[01:21:23.000 --> 01:21:26.000]  Get out of there.
[01:21:26.000 --> 01:21:36.000]  In 2007, I took out a supposed mortgage with First Franklin Bank.
[01:21:36.000 --> 01:21:49.000]  October of 2011, it was assigned to U.S. Bank, U.S. Bank National Association, successor trustee to Bank of America.
[01:21:49.000 --> 01:21:56.000]  Okay, hold on, hold on. The original lender was First what?
[01:21:56.000 --> 01:21:58.000]  First Franklin Bank.
[01:21:58.000 --> 01:22:02.000]  First Franklin. Is First Franklin still in business?
[01:22:02.000 --> 01:22:15.000]  No, sir. They were put out of business because they were subprime lenders and they were put out of business in 2009, I think, if I can remember.
[01:22:15.000 --> 01:22:17.000]  2009, okay.
[01:22:17.000 --> 01:22:20.000]  Well, that went out in 2009.
[01:22:20.000 --> 01:22:24.000]  Was Merge in your documentation?
[01:22:24.000 --> 01:22:28.000]  Merge is all over the place, yes.
[01:22:28.000 --> 01:22:50.000]  Is there a purported transfer of security instrument from First Franklin to another entity that occurred while First Franklin was still alive?
[01:22:50.000 --> 01:22:53.000]  Is that evidenced in the county records?
[01:22:53.000 --> 01:22:56.000]  I don't know that. I don't have the answer to that.
[01:22:56.000 --> 01:23:13.000]  Okay, that's really important because Merge claims to be the nominee, whatever that means, for First Franklin and First Franklin's successors and assigns.
[01:23:13.000 --> 01:23:19.000]  So in order for someone to be assigned, they have to be assigned.
[01:23:19.000 --> 01:23:29.000]  So Merge would do the assignment from First Franklin to someone else, but they can only do that as long as First Franklin is alive.
[01:23:29.000 --> 01:23:38.000]  First Franklin is a legal fiction. Under the law, First Franklin is a person.
[01:23:38.000 --> 01:23:45.000]  After the person dies, they don't have agents anymore.
[01:23:45.000 --> 01:23:49.000]  It's really important to check that.
[01:23:49.000 --> 01:23:51.000]  Okay, go ahead. I interrupted you.
[01:23:51.000 --> 01:23:57.000]  No, that's fine. I mean, it's just, that's one more piece of the puzzle that I didn't know.
[01:23:57.000 --> 01:24:07.000]  2011, it was assigned by a robo, two robo signers, Tina Labrebond and Bud Comanche.
[01:24:07.000 --> 01:24:11.000]  Hold on, hold on. How do you know they're robo?
[01:24:11.000 --> 01:24:16.000]  Because I've sent, I had the signatures.
[01:24:16.000 --> 01:24:24.000]  I found five different assignments throughout the United States that these two individuals signed, and they were all signed differently.
[01:24:24.000 --> 01:24:37.000]  And I sent them, I sent all of those assignments to a forensic writer, and he wrote back an affidavit indicating that yes, he's from the United States Postal Service.
[01:24:37.000 --> 01:24:42.000]  He's a forensic scientist for them, forensic writer, scientist.
[01:24:42.000 --> 01:24:48.000]  And he came back with an affidavit that will hold up in court.
[01:24:48.000 --> 01:24:49.000]  Okay.
[01:24:49.000 --> 01:24:50.000]  It may hold up in court.
[01:24:50.000 --> 01:24:51.000]  That's interesting.
[01:24:51.000 --> 01:24:54.000]  But it's insufficient.
[01:24:54.000 --> 01:25:04.000]  How do you know which of these different signatures is a fraudulent signature?
[01:25:04.000 --> 01:25:07.000]  I'm actually going somewhere here.
[01:25:07.000 --> 01:25:09.000]  I know.
[01:25:09.000 --> 01:25:14.000]  By you asking that question, I cannot answer that, because I don't know which one is.
[01:25:14.000 --> 01:25:16.000]  That is, that's the issue.
[01:25:16.000 --> 01:25:18.000]  This is what the judges say.
[01:25:18.000 --> 01:25:26.000]  Well, okay, somebody has signed some documents improperly.
[01:25:26.000 --> 01:25:32.000]  How do you know the one that's in front of this court was signed improperly?
[01:25:32.000 --> 01:25:35.000]  And this is how you know.
[01:25:35.000 --> 01:25:42.000]  You send a letter to whoever this person signed for.
[01:25:42.000 --> 01:25:56.000]  If he signed for MERS, you send a letter to MERS, and you say, I have a document signed by this person as an agent for your company.
[01:25:56.000 --> 01:26:03.000]  Please provide for me evidence of power of attorney for this person.
[01:26:03.000 --> 01:26:07.000]  We have never gotten a response from MERS.
[01:26:07.000 --> 01:26:24.000]  So when the judge says, how do you know this particular signature is fraudulent, you can say, well, Your Honor, we sent a letter to MERS requesting evidence of power of attorney.
[01:26:24.000 --> 01:26:34.000]  And under 12 U.S., failure to speak, one has a duty to speak, is equated as fraud.
[01:26:34.000 --> 01:26:45.000]  On this document, this person purported to act under power of attorney for this company.
[01:26:45.000 --> 01:26:53.000]  When challenged, this company had a duty to prove up power of attorney and failed to do so.
[01:26:53.000 --> 01:26:59.000]  Therefore, we have reason to believe and do believe that this person is a robo-signer.
[01:26:59.000 --> 01:27:01.000]  That makes sense.
[01:27:01.000 --> 01:27:03.000]  Send them a letter.
[01:27:03.000 --> 01:27:07.000]  MERS said they don't have any employees.
[01:27:07.000 --> 01:27:10.000]  So the only thing they can't have is power of attorney.
[01:27:10.000 --> 01:27:12.000]  We have never got a response.
[01:27:12.000 --> 01:27:16.000]  This gives you prima facie evidence that you can bring to court.
[01:27:16.000 --> 01:27:34.000]  Now, also send a letter to every notary who has verified a document requesting evidence of the authentication, all authentications they did from a day before to a day after the date on your document.
[01:27:34.000 --> 01:27:47.000]  Have someone other than the name on the deed of trust or mortgage so they won't know which one to fabricate.
[01:27:47.000 --> 01:27:52.000]  And when you don't get a response from that one, you can claim that the notary is insufficient.
[01:27:52.000 --> 01:28:10.000]  What I actually did get from the notary was all of the transactions for the assignment took place in Simi Valley, California, and the notary and the two MERS assistant secretaries signed in California.
[01:28:10.000 --> 01:28:26.000]  So what I did is based on the state statute of what notaries are supposed to do, there are supposed to be thumbprints on the ledger and I have an actual copy of the ledger as I requested from the notary.
[01:28:26.000 --> 01:28:30.000]  There are no thumbprints at all.
[01:28:30.000 --> 01:28:33.000]  And I have the copy of the ledger.
[01:28:33.000 --> 01:28:45.000]  Okay, that is enough to give you prima facie evidence that the authentication was improper.
[01:28:45.000 --> 01:28:48.000]  That's all you need.
[01:28:48.000 --> 01:28:58.000]  When the document is filed, it is presumed to be valid until challenged.
[01:28:58.000 --> 01:29:06.000]  It's challenged. You don't have to prove that it's fraudulent.
[01:29:06.000 --> 01:29:18.000]  You merely have to bring prima facie evidence, enough evidence to overcome the presumption of regularity.
[01:29:18.000 --> 01:29:31.000]  And by requesting, on the face of it, not proof beyond a reasonable doubt, just on the face of it, there's reason to believe there's a problem here.
[01:29:31.000 --> 01:29:48.000]  You can, in your claim, state I have reason to believe and do believe based on the following. That's enough to give it. Reasonable person of ordinary prudence, standard is what it will all go to.
[01:29:48.000 --> 01:30:00.000]  Hang on, Randy Kelton, E. Skidmore, Deborah Stevens, We'll Blah Radio, I'll call it number 512-646-1984. We'll be right back.
[01:30:00.000 --> 01:30:10.000]  Talk about California Dreamin'. Berkeley researchers have found a way to reconstruct and play back images recorded in other people's minds.
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[01:30:55.000 --> 01:31:01.000]  Berkeley researchers watched video in an MRI machine, then had a computer match the images with their brain activity.
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[01:31:06.000 --> 01:31:12.000]  If this imagery could be broadcast, paraplegics might control their environment by imagining movements. Cool.
[01:31:12.000 --> 01:31:22.000]  Now the creepy part, police could also use this technology to read the memories of unwilling subjects. Eek, I just had a minority report moment.
[01:31:22.000 --> 01:31:31.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
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[01:33:31.000 --> 01:33:39.000]  Okay, we are back. Randy Kelton, Steve Skidmore, Rubelaw Radio, and we're talking to Jeffrey in Florida.
[01:33:39.000 --> 01:33:51.000]  And Jeffrey, I talked to Steve, and I'm aware that you're somewhat knowledgeable, and I am not trying to be patronizing, and I apologize if I sound like that.
[01:33:51.000 --> 01:34:05.000]  And I apologize if I'm telling you stuff you already know, but mostly you're bringing up good questions that lets me give good information to those people who don't know as much.
[01:34:05.000 --> 01:34:14.000]  So if I seem to be going into some simplistic detail, it's really not so much for you as for everybody else who's listening.
[01:34:14.000 --> 01:34:21.000]  Right. Okay, I think the actual reason for my question or why I'm calling in today is this.
[01:34:21.000 --> 01:34:29.000]  My attorney told me that he is. I didn't realize it at first until now.
[01:34:29.000 --> 01:34:37.000]  He filed a motion to view or demand to see the original note.
[01:34:37.000 --> 01:34:58.000]  UCC 3-501. UCC 3-501 says that when a debtor makes a presentment to, I'm sorry, when a creditor makes a presentment to a debtor,
[01:34:58.000 --> 01:35:07.000]  and a presentment as defined under the Uniform Commercial Code is a demand for payment in United States dollars.
[01:35:07.000 --> 01:35:20.000]  If the debtor demands production of the original instrument, the creditor must make the instrument available for inspection.
[01:35:20.000 --> 01:35:29.000]  They don't have to give it to you. They've got to show it to you. If they fail to do so, the debtor may cease all payment.
[01:35:29.000 --> 01:35:30.000]  Okay, go ahead.
[01:35:30.000 --> 01:35:43.000]  And they did. And it looks legitimate. I mean, the coffee stain that's on the back page and the blue ink, I mean, it looks real.
[01:35:43.000 --> 01:35:49.000]  Okay. Was there a stamp on the last page of that document?
[01:35:49.000 --> 01:35:50.000]  The endorsement stamp.
[01:35:50.000 --> 01:35:54.000]  On the back, there was a blank endorsement.
[01:35:54.000 --> 01:36:07.000]  Okay. Let me pause you right there. Do not confuse a yet to be named payee with an endorsement in blank. They are not the same.
[01:36:07.000 --> 01:36:22.000]  Go back and look at UCC Article 3. Article 3 is the only section in law that discusses the transfer of rights and what rights are acquired.
[01:36:22.000 --> 01:36:33.000]  Have a good understanding of Article 3 of the UCC and also keep in mind that every state has adopted the Uniform Commercial Code into their own code.
[01:36:33.000 --> 01:36:44.000]  The UCC is one of those codes that is venue sensitive. That is, if you're in the federal court, you're using the federal UCC.
[01:36:44.000 --> 01:36:49.000]  If you're in the state court, you're using the state equivalent, but they all say basically the same thing.
[01:36:49.000 --> 01:36:56.000]  Yeah. In Texas, the Uniform Commercial Code is the civil practice code.
[01:36:56.000 --> 01:37:05.000]  Does the UCC Federal Federal Code supersede the Florida Code or does the Florida Code supersede the U.S.?
[01:37:05.000 --> 01:37:17.000]  No. They're just sensitive to venue. If you're in the state court, you would be using your state's equivalent of the federal UCC, but if you're in federal court, you'd be citing the UCC itself.
[01:37:17.000 --> 01:37:20.000]  Yeah. Okay. My mistake, not civil practice.
[01:37:20.000 --> 01:37:22.000]  And that's business and commerce code.
[01:37:22.000 --> 01:37:23.000]  Business and commerce code, right.
[01:37:23.000 --> 01:37:24.000]  Correct.
[01:37:24.000 --> 01:37:29.000]  That's how you would call it in Texas and every state's going to have their own.
[01:37:29.000 --> 01:37:45.000]  And what they generally do is Florida will have its, I think Florida does it by general statute to the general statute number and then dash and then it'll have the same number structure as the Uniform Commercial Code.
[01:37:45.000 --> 01:37:46.000]  They're almost always the same.
[01:37:46.000 --> 01:37:49.000]  You're absolutely right. You're absolutely right. That's the way it is.
[01:37:49.000 --> 01:37:54.000]  Florida state statute, I think it's 16, something like that.
[01:37:54.000 --> 01:37:59.000]  Let me address that endorsement in blank.
[01:37:59.000 --> 01:38:01.000]  I'm sorry, sir.
[01:38:01.000 --> 01:38:08.000]  Let me endorse, let me address endorsement in blank.
[01:38:08.000 --> 01:38:14.000]  Who is claiming to have been defaulted on?
[01:38:14.000 --> 01:38:27.000]  Since the original lender has endorsed the note to in blank without recourse, they don't hold the note.
[01:38:27.000 --> 01:38:33.000]  They've endorsed it to someone else, but whoever they endorsed it to hasn't signed it yet.
[01:38:33.000 --> 01:38:40.000]  So, if you defaulted, you didn't default on anybody because nobody holds it.
[01:38:40.000 --> 01:38:51.000]  It notes kind of in limbo. Now, if somebody comes along and signs it, now it's been endorsed to that entity, but they didn't get defaulted on.
[01:38:51.000 --> 01:38:58.000]  It was already in default when they got it.
[01:38:58.000 --> 01:39:01.000]  Interesting. Did that make sense?
[01:39:01.000 --> 01:39:04.000]  Oh, that makes perfect sense.
[01:39:04.000 --> 01:39:08.000]  Yeah. How do we define default?
[01:39:08.000 --> 01:39:15.000]  This goes back to that article I wrote about default. Who's in first place?
[01:39:15.000 --> 01:39:26.000]  Who committed a default first? Who either, who failed to act on a contractual or legal duty?
[01:39:26.000 --> 01:39:34.000]  If the bank did it first, the bank is in default, whether you realize it or not.
[01:39:34.000 --> 01:39:44.000]  If they broke any state or federal law, go back and look at Covenant 16 of the Deed of Trust where they have a duty to obey federal and state law.
[01:39:44.000 --> 01:39:54.000]  And keep in mind that they wrote this element into the contract themselves and had you sign it, you created it,
[01:39:54.000 --> 01:40:04.000]  but both parties agree to abide by all the covenants in the Deed of Trust. And in the Deed of Trust, usually Covenant 16 covers the governing law and severability.
[01:40:04.000 --> 01:40:14.000]  Governing law says that this security instrument shall be governed by the laws, by federal laws and the laws of the jurisdiction in where the property is located.
[01:40:14.000 --> 01:40:25.000]  So, okay, Mr. Lender, Mr. Securities Guy, Mr. whoever touches this thing, if you break the law, you have breached that covenant of this contract.
[01:40:25.000 --> 01:40:29.000]  Therefore, you have breached this contract.
[01:40:29.000 --> 01:40:34.000]  Okay. Let me give a little point of practice.
[01:40:34.000 --> 01:40:50.000]  Look at Hope for Tear of Respa. If they've breached Hope for Tear of Respa, you get a lot of bad runs.
[01:40:50.000 --> 01:40:59.000]  But do not claim a breach of Hope for Tear of Respa. Claim a breach of contract, a breach of the severability clause.
[01:40:59.000 --> 01:41:06.000]  If you claim the remedy under Hope for Tear of Respa, they're going to tell you that you've exceeded the statute of limitations.
[01:41:06.000 --> 01:41:13.000]  The legislature passed those consumer protection laws as song and dance and seltzer down your pants
[01:41:13.000 --> 01:41:25.000]  because they didn't intend for them to be usable because they set the statute of limitations on the exercise of the remedies so short as to make them worthless.
[01:41:25.000 --> 01:41:33.000]  However, you don't have the statute of limitations on the breach of contract.
[01:41:33.000 --> 01:41:36.000]  The breach of contract.
[01:41:36.000 --> 01:41:55.000]  So you claim breach of contract by violating covenant 16 of the security instrument resulting in voluntary repudiation of the contract and voluntary rescission.
[01:41:55.000 --> 01:42:05.000]  If you can find where they have breached Hope for Tear of Respa, then you file a notice of default in the record.
[01:42:05.000 --> 01:42:14.000]  That is so devious and sneaky in the county recorder's office, the registrar's office.
[01:42:14.000 --> 01:42:17.000]  These guys never look in there.
[01:42:17.000 --> 01:42:31.000]  If you file a notice of default, the court must presume that that is normal and valid unless it is challenged.
[01:42:31.000 --> 01:42:34.000]  These guys never look in there. They never know to challenge it.
[01:42:34.000 --> 01:42:39.000]  I went into an eviction hearing and the judge said, well, who are you?
[01:42:39.000 --> 01:42:41.000]  Because I wasn't named in the hearing.
[01:42:41.000 --> 01:42:45.000]  I said, I hold a warranty deed on the property.
[01:42:45.000 --> 01:42:46.000]  He said, what?
[01:42:46.000 --> 01:42:47.000]  I said, this was August.
[01:42:47.000 --> 01:42:49.000]  Well, how long have you held a warranty deed?
[01:42:49.000 --> 01:42:51.000]  Oh, I've held it since March.
[01:42:51.000 --> 01:42:53.000]  And he turned to the lawyer on the other side.
[01:42:53.000 --> 01:42:55.000]  He said, is that true?
[01:42:55.000 --> 01:42:57.000]  Well, I don't know, Your Honor.
[01:42:57.000 --> 01:43:00.000]  My client buys a lot of property.
[01:43:00.000 --> 01:43:06.000]  They don't have time to go and dig in the record on every one of them.
[01:43:06.000 --> 01:43:09.000]  I said, Your Honor, did he really say that?
[01:43:09.000 --> 01:43:17.000]  His client just paid $360,000 for this property and he don't have time to look in the record?
[01:43:17.000 --> 01:43:23.000]  And the judge put his head in his hand and shook his head.
[01:43:23.000 --> 01:43:25.000]  They don't look in the record.
[01:43:25.000 --> 01:43:30.000]  You put it in there, it's presumed valid until it's challenged.
[01:43:30.000 --> 01:43:32.000]  And let him try to challenge it.
[01:43:32.000 --> 01:43:35.000]  And it doesn't matter if you put it in five minutes before walking into the court.
[01:43:35.000 --> 01:43:39.000]  Once it's in the record, it's available for him to see.
[01:43:39.000 --> 01:43:44.000]  Actually, he has imputed knowledge of it immediately.
[01:43:44.000 --> 01:43:46.000]  I'll address that when we come back on the other side.
[01:43:46.000 --> 01:43:47.000]  Hang on.
[01:43:47.000 --> 01:43:52.000]  This is Randy Kelton, Skidmore, Deborah Stevens, Wheel of Law Radio.
[01:43:52.000 --> 01:43:55.000]  Our call at number 512-646-1984.
[01:43:55.000 --> 01:44:00.000]  We'll be right back.
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[01:46:22.000 --> 01:46:41.000]  Okay, we are back.
[01:46:41.000 --> 01:46:46.000]  Randy Pelton, Steve Skidmore, Rule of Law Radio, and we're talking to Jeffrey in Florida.
[01:46:46.000 --> 01:46:51.000]  And when we were going out, we were talking about something.
[01:46:51.000 --> 01:46:56.000]  Oh, about using, where were we, Steve?
[01:46:56.000 --> 01:46:58.000]  There was something I wanted to address.
[01:46:58.000 --> 01:47:02.000]  We were talking about breach of contract.
[01:47:02.000 --> 01:47:07.000]  I lost, I was speaking on my producer going out and I lost track of where I was.
[01:47:07.000 --> 01:47:08.000]  Right.
[01:47:08.000 --> 01:47:14.000]  We were talking about, we were talking about how Tila Hopa Respo would be a breach of contract
[01:47:14.000 --> 01:47:18.000]  and that you're not going necessarily for the rescission,
[01:47:18.000 --> 01:47:27.000]  but for the simple fact that the breaking of Tila Hopa or Respo is a violation
[01:47:27.000 --> 01:47:31.000]  or a breach of contract under Covenant 16.
[01:47:31.000 --> 01:47:38.000]  We were talking about, will you file a document in the record?
[01:47:38.000 --> 01:47:40.000]  Yes, yes.
[01:47:40.000 --> 01:47:46.000]  It is presumed to be valid unless it is challenged.
[01:47:46.000 --> 01:47:55.000]  Filing the notice of default is probably the most powerful thing you can do.
[01:47:55.000 --> 01:48:02.000]  Oh, I know exactly where we were, knowledge.
[01:48:02.000 --> 01:48:03.000]  Yes.
[01:48:03.000 --> 01:48:11.000]  In Texas, the law in Texas says if you're standing on the courthouse steps at 9 o'clock
[01:48:11.000 --> 01:48:19.000]  waiting for the auction to start at 10 o'clock and I go down to clerk office
[01:48:19.000 --> 01:48:25.000]  and file a less pendants with the clerk, you know about it.
[01:48:25.000 --> 01:48:30.000]  You may not actually know about it, but you have imputed knowledge of it.
[01:48:30.000 --> 01:48:37.000]  As soon as it's filed in the record, everybody has imputed knowledge of it.
[01:48:37.000 --> 01:48:38.000]  And that's necessary.
[01:48:38.000 --> 01:48:44.000]  Otherwise, the filing in the record would be of no value.
[01:48:44.000 --> 01:48:48.000]  Somebody could just say, well, I didn't know it was there, so it doesn't count.
[01:48:48.000 --> 01:48:50.000]  It counts.
[01:48:50.000 --> 01:48:56.000]  So once it's in, they're stuck with it unless they do something to get it removed.
[01:48:56.000 --> 01:49:01.000]  And if you file a breach of contract, I mean, that's what they're going to do in order to foreclose.
[01:49:01.000 --> 01:49:05.000]  They're going to claim a default on the security instrument.
[01:49:05.000 --> 01:49:09.000]  Again, keep in mind that mortgage.
[01:49:09.000 --> 01:49:12.000]  You're employed as a state.
[01:49:12.000 --> 01:49:22.000]  That mortgage grants a privilege to the lender of a confessed claim against the property
[01:49:22.000 --> 01:49:26.000]  with stipulations and restrictions.
[01:49:26.000 --> 01:49:30.000]  If they breach one of those stipulations or restrictions,
[01:49:30.000 --> 01:49:36.000]  they cannot come to the court and exercise the privilege that you granted them
[01:49:36.000 --> 01:49:39.000]  based on compliance with all the covenants of that contract.
[01:49:39.000 --> 01:49:41.000]  Does that make sense, Jeffrey?
[01:49:41.000 --> 01:49:44.000]  Yes, that makes sense.
[01:49:44.000 --> 01:49:45.000]  Okay.
[01:49:45.000 --> 01:49:46.000]  Are we answering your questions?
[01:49:46.000 --> 01:49:51.000]  I kind of feel like we're just kind of running away from you.
[01:49:51.000 --> 01:49:52.000]  Well, no.
[01:49:52.000 --> 01:49:59.000]  You're giving me a new perspective, but yet I still have a couple cobwebs in my head
[01:49:59.000 --> 01:50:01.000]  that I'm trying to figure out.
[01:50:01.000 --> 01:50:09.000]  I had to meet with my attorney on Monday at 430, and he's ready to give up.
[01:50:09.000 --> 01:50:15.000]  He wants to – he said, well, maybe – because when he saw the original note, supposedly,
[01:50:15.000 --> 01:50:19.000]  he's like, oh, my God, we're done.
[01:50:19.000 --> 01:50:22.000]  And I'm like, no, we're not.
[01:50:22.000 --> 01:50:30.000]  Yeah, take to him that breach of contract issue, and you've got to keep in mind
[01:50:30.000 --> 01:50:33.000]  that your attorney works for you.
[01:50:33.000 --> 01:50:36.000]  Your attorney should argue any arguments.
[01:50:36.000 --> 01:50:39.000]  So long as he feels comfortable enough arguing that,
[01:50:39.000 --> 01:50:42.000]  he should argue any arguments that you want him to argue,
[01:50:42.000 --> 01:50:46.000]  not just the ones that he wants to argue.
[01:50:46.000 --> 01:50:52.000]  So, being that your attorney is a tool, use him as a tool.
[01:50:52.000 --> 01:50:55.000]  Now, if –
[01:50:55.000 --> 01:51:00.000]  If your attorney messes with you, get out your screwdriver.
[01:51:00.000 --> 01:51:03.000]  Yeah, give him some adjustment.
[01:51:03.000 --> 01:51:08.000]  But also, you'd said that you'd seen the original note, and now I take it that,
[01:51:08.000 --> 01:51:11.000]  oh, okay, well, you got what you wanted, case over.
[01:51:11.000 --> 01:51:12.000]  Not so.
[01:51:12.000 --> 01:51:16.000]  Go have your attorney go back through his research.
[01:51:16.000 --> 01:51:21.000]  I know all attorneys have to research the UCC in order to pass the bar.
[01:51:21.000 --> 01:51:24.000]  Give him a refresher course on the UCC.
[01:51:24.000 --> 01:51:26.000]  Look at that endorsement.
[01:51:26.000 --> 01:51:29.000]  Is that an endorsement in blank, or is that a yet-to-be-named payee
[01:51:29.000 --> 01:51:34.000]  on that alleged blank line?
[01:51:34.000 --> 01:51:36.000]  Did negotiation take place?
[01:51:36.000 --> 01:51:37.000]  Did it occur?
[01:51:37.000 --> 01:51:39.000]  No, it did not.
[01:51:39.000 --> 01:51:43.000]  Okay, again, has the thing been securitized?
[01:51:43.000 --> 01:51:47.000]  If we have a pair of legal glasses and a pair of people glasses,
[01:51:47.000 --> 01:51:51.000]  we put our people glasses on and we look at that original document
[01:51:51.000 --> 01:51:54.000]  as it existed on the day of its signing.
[01:51:54.000 --> 01:51:58.000]  But now we put our legal glasses on and we look at the same document
[01:51:58.000 --> 01:52:02.000]  through these legal glasses, we see that it is not the same.
[01:52:02.000 --> 01:52:06.000]  There is an element that has been removed that would be the only element
[01:52:06.000 --> 01:52:10.000]  that gave the note any value, that's your promise to pay.
[01:52:10.000 --> 01:52:12.000]  That has been stripped out of there.
[01:52:12.000 --> 01:52:15.000]  Now through our legal glasses, we see a big blank
[01:52:15.000 --> 01:52:17.000]  where the promise to pay used to be.
[01:52:17.000 --> 01:52:22.000]  What happened to that promise to pay was it got sold to a third-party investor
[01:52:22.000 --> 01:52:24.000]  and it's gone.
[01:52:24.000 --> 01:52:31.000]  Now go back to 3-203D, and D is in David, and read that.
[01:52:31.000 --> 01:52:34.000]  Keep in mind that through your legal glasses,
[01:52:34.000 --> 01:52:37.000]  this thing is no longer the entire instrument.
[01:52:37.000 --> 01:52:39.000]  There's something vital missing from it.
[01:52:39.000 --> 01:52:41.000]  The vital element is now gone.
[01:52:41.000 --> 01:52:43.000]  It's been stripped and sold.
[01:52:43.000 --> 01:52:49.000]  If the transferor purports to transfer less than the entire instrument,
[01:52:49.000 --> 01:52:51.000]  negotiation does not occur.
[01:52:51.000 --> 01:52:56.000]  And how would one acquire rights to act under that instrument?
[01:52:56.000 --> 01:53:00.000]  By negotiation.
[01:53:00.000 --> 01:53:11.000]  And also go to Covenant 20, where if any portion of the note was negotiated,
[01:53:11.000 --> 01:53:16.000]  then they were required to transfer the security instrument
[01:53:16.000 --> 01:53:19.000]  in conjunction with that negotiation.
[01:53:19.000 --> 01:53:23.000]  And that should be reflected in the public record as well.
[01:53:23.000 --> 01:53:28.000]  And if they did that, they turned the whole thing into garbage.
[01:53:28.000 --> 01:53:34.000]  Yep. Yep. It's done.
[01:53:34.000 --> 01:53:36.000]  Have your lawyer call us.
[01:53:36.000 --> 01:53:40.000]  We're listening to Joe's course on this subject.
[01:53:40.000 --> 01:53:43.000]  Oh, absolutely.
[01:53:43.000 --> 01:53:50.000]  Well, his whole viewpoint on the UCC is that it doesn't win in Florida.
[01:53:50.000 --> 01:53:55.000]  Because I've talked with – I've gone to a lot of people.
[01:53:55.000 --> 01:53:59.000]  Robert James, I've gone to David Krieger.
[01:53:59.000 --> 01:54:03.000]  I've gone to a lot of people and talked to them and become educated by them
[01:54:03.000 --> 01:54:07.000]  so that when I went to my attorney, I could be ready to go.
[01:54:07.000 --> 01:54:12.000]  And he looks at me and he goes, oh, well, no, UCC doesn't work in Florida.
[01:54:12.000 --> 01:54:17.000]  When I can give him case law and show him – or not case law.
[01:54:17.000 --> 01:54:24.000]  I can give him cases and say, here, UCC is being used in Florida and it's winning.
[01:54:24.000 --> 01:54:28.000]  I don't want to step on anybody's contract or anything.
[01:54:28.000 --> 01:54:32.000]  But if I had a lawyer like that, I would question as to wonder
[01:54:32.000 --> 01:54:37.000]  whether or not I had chosen the correct person to represent my interests.
[01:54:37.000 --> 01:54:38.000]  I know.
[01:54:38.000 --> 01:54:41.000]  Here's another issue.
[01:54:41.000 --> 01:54:47.000]  When you hired that lawyer, you hired him as learned counsel.
[01:54:47.000 --> 01:54:52.000]  If that lawyer fails to make claims that could have won your case
[01:54:52.000 --> 01:54:55.000]  and you lose your case because the lawyer was incompetent,
[01:54:55.000 --> 01:55:02.000]  that's a malpractice and you can sue the lawyer and get your money out of his pocket.
[01:55:02.000 --> 01:55:07.000]  And your lawyer needs to understand that part.
[01:55:07.000 --> 01:55:09.000]  Your lawyer is not your buddy.
[01:55:09.000 --> 01:55:14.000]  There's something to understand about what happens when you hire a lawyer.
[01:55:14.000 --> 01:55:18.000]  You think it's you and your lawyer against the other side.
[01:55:18.000 --> 01:55:20.000]  It is no such thing.
[01:55:20.000 --> 01:55:24.000]  It's like a three-sided chess board.
[01:55:24.000 --> 01:55:26.000]  You're in one position.
[01:55:26.000 --> 01:55:28.000]  Your lawyer is in another position.
[01:55:28.000 --> 01:55:32.000]  And the other litigant's lawyer is in a third position.
[01:55:32.000 --> 01:55:35.000]  This is all about alliances.
[01:55:35.000 --> 01:55:37.000]  You have an alliance with your lawyer,
[01:55:37.000 --> 01:55:42.000]  and your lawyer has an alliance with that other lawyer.
[01:55:42.000 --> 01:55:46.000]  Not to think so is naive.
[01:55:46.000 --> 01:55:47.000]  If you're going to win your case,
[01:55:47.000 --> 01:55:53.000]  you're going to have to break that alliance between your lawyer and the other lawyer.
[01:55:53.000 --> 01:55:59.000]  Give him reason to take better care of you than this lawyer he meets once a week in court
[01:55:59.000 --> 01:56:05.000]  and goes out and plays golf with and has drinks and his wife over.
[01:56:05.000 --> 01:56:09.000]  You need to give him a reason to be on your side.
[01:56:09.000 --> 01:56:14.000]  And a nice, well-chosen bar grievance is a good way to do that.
[01:56:14.000 --> 01:56:17.000]  How did I know that was where you were going?
[01:56:17.000 --> 01:56:22.000]  And then when he wants to withdraw, screw that, Bubba.
[01:56:22.000 --> 01:56:23.000]  You're under contract.
[01:56:23.000 --> 01:56:29.000]  You don't get to quit just because I insist you do your job.
[01:56:29.000 --> 01:56:30.000]  Okay.
[01:56:30.000 --> 01:56:31.000]  I know where it was.
[01:56:31.000 --> 01:56:32.000]  I know what I need to do.
[01:56:32.000 --> 01:56:35.000]  I've already had this conversation with him before,
[01:56:35.000 --> 01:56:40.000]  and I saw him humble himself immediately.
[01:56:40.000 --> 01:56:45.000]  What I did is I kind of went off track because there's been some things in my life lately
[01:56:45.000 --> 01:56:52.000]  that I've had to take control of, and I kind of let him deal with it.
[01:56:52.000 --> 01:56:59.000]  Now I'm back in the game, and now I want to make sure this is handled right.
[01:56:59.000 --> 01:57:02.000]  Let me make a suggestion.
[01:57:02.000 --> 01:57:03.000]  Go.
[01:57:03.000 --> 01:57:08.000]  Give your lawyer plausible deniability.
[01:57:08.000 --> 01:57:17.000]  The way you give your lawyer plausible deniability is you be an unruly client.
[01:57:17.000 --> 01:57:25.000]  I mean, I had a case against me dismissed by the judge in order to protect my lawyer from me.
[01:57:25.000 --> 01:57:29.000]  Point is, you don't have to be a nice guy.
[01:57:29.000 --> 01:57:33.000]  If you take these arguments to your lawyer and he says they don't win, you tell him,
[01:57:33.000 --> 01:57:38.000]  you do not take, you file those so that we've set the record for appeal.
[01:57:38.000 --> 01:57:40.000]  I don't care what this court does.
[01:57:40.000 --> 01:57:46.000]  And then he's going to go there and say, my client is an SOB.
[01:57:46.000 --> 01:57:48.000]  He's given me all this trouble.
[01:57:48.000 --> 01:57:56.000]  If I don't file these, he's going to do all kinds of horrible stuff to me and give him plausible deniability.
[01:57:56.000 --> 01:57:58.000]  Tell him, get him in there.
[01:57:58.000 --> 01:58:00.000]  We just want him for appeal anyway.
[01:58:00.000 --> 01:58:02.000]  We don't care what the trial judge does.
[01:58:02.000 --> 01:58:12.000]  All he's there for is to develop the facts and get the facts put into the record and law so we have it set for appeal.
[01:58:12.000 --> 01:58:14.000]  We don't care what he does.
[01:58:14.000 --> 01:58:16.000]  OK.
[01:58:16.000 --> 01:58:26.000]  Then he can complain about you to the other lawyer and do what he needs to do in safe place.
[01:58:26.000 --> 01:58:27.000]  OK.
[01:58:27.000 --> 01:58:28.000]  Thank you, Jeffrey.
[01:58:28.000 --> 01:58:30.000]  We are out of time.
[01:58:30.000 --> 01:58:37.000]  We have, you folks have wasted four perfectly good hours.
[01:58:37.000 --> 01:58:40.000]  We hope you'll come back next week and do it again.
[01:58:40.000 --> 01:58:45.000]  This is Randy Kelton, Steve Stidmore, Deborah Stevens, Rule of Law Radio.
[01:58:45.000 --> 01:58:47.000]  Thank you for listening and good night.
[01:58:47.000 --> 01:58:48.000]  Bye, folks.
[01:58:48.000 --> 01:59:00.000]  Bye.
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[01:59:30.000 --> 01:59:33.000]  This is truly a Bible you can understand.
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