ROL_2014-02-07_16k_Hr1-2.timecode

[00:00.000 --> 00:08.520]  This is the Liberty Beat, your daily source for Liberty news and activist updates, online
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[00:10.520 --> 00:15.640]  I'm Brian Hagan with your Liberty Beat for Friday, February 7th, 2014.
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[01:01.760 --> 01:07.560]  The latest leaks from Edward Snowden reveal massive attempts to shut down the online collectivist,
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[01:08.560 --> 01:14.360]  NBC News reports a secret British spy unit attempting to spy on the group also interrupted
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[01:19.080 --> 01:20.880]  anonymous connection.
[01:20.880 --> 01:24.960]  The latest Snowden leak reveals the effort was launched by the British counterpart of
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[01:30.920 --> 01:36.000]  Brazilian authorities are spying on activist emails, monitoring social media, and sending
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[01:42.720 --> 01:46.880]  According to officials speaking to The Guardian on condition of anonymity, the police are
[01:46.880 --> 01:51.960]  worried about the presence of black bloc protesters who recently vandalized banks.
[01:51.960 --> 01:56.160]  The officials also stated authorities have located the computers of violent protesters
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[01:59.360 --> 02:05.240]  Well, Bitcoin takes a dip as one of the world's largest trading exchanges temporarily suspends
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[02:51.040 --> 02:56.400]  This is the Liberty Meet for Friday, February 7th, 2014.
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[03:27.400 --> 03:30.400]  Bad boys, bad boys, whatcha gonna do?
[03:30.400 --> 03:32.400]  Whatcha gonna do when they come for you?
[03:32.400 --> 03:35.400]  Bad boys, bad boys, whatcha gonna do?
[03:35.400 --> 03:38.400]  Whatcha gonna do when they come for you?
[03:38.400 --> 03:43.400]  When you were eight and you had bad traits, you'd go to school and learn the golden rules.
[03:43.400 --> 03:46.400]  So why are you acting like a bloody fool?
[03:46.400 --> 03:49.400]  If you get cocked then you must get cooed!
[03:49.400 --> 03:52.400]  Bad boys, bad boys, whatcha gonna do?
[03:52.400 --> 03:54.400]  Whatcha gonna do when they come for you?
[03:54.400 --> 03:57.400]  Bad boys, bad boys, whatcha gonna do?
[03:57.400 --> 04:00.400]  Whatcha gonna do when they come for you?
[04:00.400 --> 04:03.400]  Okay, whatcha gonna do when we come for you?
[04:03.400 --> 04:05.400]  The bad boys are back.
[04:05.400 --> 04:15.400]  Randy Kelton, Steve Skidmore, Weave Law Radio on this Friday, February the 7th.
[04:15.400 --> 04:19.400]  With a little white stuff falling around my neighborhood.
[04:19.400 --> 04:20.400]  I don't know what that is.
[04:20.400 --> 04:26.400]  I vaguely remember seeing something of that nature once when I was living up there with all those Yankees.
[04:26.400 --> 04:30.400]  But I'm down here in Texas where it never gets cold, so I don't know what that could be.
[04:30.400 --> 04:32.400]  It's probably Styrofoam.
[04:32.400 --> 04:37.400]  I bet somebody sat down on their beanbag and it blew up.
[04:37.400 --> 04:41.400]  That's probably it because it never gets cold in Texas.
[04:41.400 --> 04:47.400]  That is, you hear that kind of thing, but that's a bunch of Yankee propaganda.
[04:47.400 --> 04:49.400]  I've seen it on the movies.
[04:49.400 --> 04:57.400]  Okay, today we have a rooster that's gonna do a little crowing.
[04:57.400 --> 05:01.400]  Mr. Rooster, will you tell us what you have?
[05:01.400 --> 05:07.400]  I do have some news.
[05:07.400 --> 05:12.400]  For folks who know me, they know that I've been fighting the bank for a long time.
[05:12.400 --> 05:17.400]  In 2009, we went through an alleged foreclosure.
[05:17.400 --> 05:21.400]  They filed forcible detainer in 2009 and lost their butts.
[05:21.400 --> 05:27.400]  Actually, they failed to prosecute, so they handed themselves their own backsides.
[05:27.400 --> 05:34.400]  In 2012, they tried it again and lost again.
[05:34.400 --> 05:39.400]  Well, in 2013, they tried it again, and guess what?
[05:39.400 --> 05:48.400]  Last Monday, the Honorable Judge David Phillips in Precinct 5, Travis County, Texas,
[05:48.400 --> 05:55.400]  saw fit to put on an order that, yes, indeed, there is a two-year statute of limitations on forcible detainer,
[05:55.400 --> 05:58.400]  and once again, the banks did not get their way.
[05:58.400 --> 06:00.400]  So we prevailed three up, three down.
[06:00.400 --> 06:03.400]  We won again last Monday.
[06:03.400 --> 06:09.400]  You seem to have won the whole enchilada.
[06:09.400 --> 06:11.400]  That's tentative.
[06:11.400 --> 06:27.400]  The opposing counsel seems rather confident that he can convince the Third Court of Appeals appellate justices
[06:27.400 --> 06:37.400]  that he has the authority to viciate existing law or make up his own or create new law as he needs or as he wants.
[06:37.400 --> 06:47.400]  I'm sure, well, let me say I feel relatively certain that the justices at the Third Court of Appeals
[06:47.400 --> 06:49.400]  are a little bit smarter than this guy.
[06:49.400 --> 06:51.400]  Now, wait a minute, wait a minute.
[06:51.400 --> 06:53.400]  You have to consider one thing.
[06:53.400 --> 06:54.400]  Uh-oh.
[06:54.400 --> 06:59.400]  Maybe not, Randy. Does he play golf with these guys?
[06:59.400 --> 07:02.400]  I don't know that he plays golf at all.
[07:02.400 --> 07:08.400]  Five hundred bucks on the golf course is all your worth.
[07:08.400 --> 07:16.400]  I'm worth a lot less than that if you boil fat off the bones, but at any rate, it was rather comical.
[07:16.400 --> 07:25.400]  We went into the hearing very confident that we'd put everything on the table for the court, and apparently we did.
[07:25.400 --> 07:34.400]  But the opposing counsel came up with this case law in El Paso that he personally had worked through the appellate system,
[07:34.400 --> 07:40.400]  and he went on a dissertation on a rant about res judicata
[07:40.400 --> 07:46.400]  and how res judicata has something to do with tolling the statute and limitations.
[07:46.400 --> 07:53.400]  Judge Phillips, to his own credit, took a copy of the case law and read it.
[07:53.400 --> 07:56.400]  I mean, he took the time to sit there and read it.
[07:56.400 --> 07:57.400]  There was nobody behind us.
[07:57.400 --> 08:01.400]  We were the last case on the docket for the morning call.
[08:01.400 --> 08:05.400]  And he read it, and he put his glasses down.
[08:05.400 --> 08:13.400]  He put the paper down, and he said, Mr. Hopkins, what does any of that have to do with tolling the statute and limitations?
[08:13.400 --> 08:16.400]  Well, it doesn't, Your Honor, and I agree.
[08:16.400 --> 08:20.400]  And I'm going to have to decide that, yes, there is a statute and limitations.
[08:20.400 --> 08:25.400]  We fine for the defendant.
[08:25.400 --> 08:26.400]  Yahoo!
[08:26.400 --> 08:30.400]  I was happy. I was happy.
[08:30.400 --> 08:39.400]  That doesn't happen often, and frankly, that appears to be a sign of the shifting politics.
[08:39.400 --> 08:44.400]  It does to an extent, and this case was a trial de novo,
[08:44.400 --> 08:53.400]  which reaffirms the fact that people, the trial court is not the place to win.
[08:53.400 --> 08:57.400]  The trial court is a place for you to make a footstep.
[08:57.400 --> 09:00.400]  You leave your imprint on the way to appeal.
[09:00.400 --> 09:05.400]  Now, the trial de novo is an appeal of sorts.
[09:05.400 --> 09:07.400]  It's a low-level appeal.
[09:07.400 --> 09:12.400]  Hold on. Let me explain what trial de novo is.
[09:12.400 --> 09:14.400]  It's a you trial.
[09:14.400 --> 09:18.400]  No, that's not what it is.
[09:18.400 --> 09:20.400]  I beg your pardon?
[09:20.400 --> 09:21.400]  It was new to me.
[09:21.400 --> 09:33.400]  Hold on. Trial de novo is trial de novo for the purpose of perfecting appeal.
[09:33.400 --> 09:40.400]  It does not relieve the original trial of its wrongdoing,
[09:40.400 --> 09:47.400]  nor does it allow the lawyer a second bite at the apple.
[09:47.400 --> 09:52.400]  Whatever he comes into the original trial with,
[09:52.400 --> 09:58.400]  he still is subject to collateral estoppel for what he brought in.
[09:58.400 --> 10:02.400]  Trial de novo is only trial de novo to perfect your appeal,
[10:02.400 --> 10:10.400]  and what that means is you don't have to claim error to perfect your appeal
[10:10.400 --> 10:12.400]  because it's trial de novo.
[10:12.400 --> 10:19.400]  If it wasn't trial de novo, if it was a court of record like a lot of these municipal courts are,
[10:19.400 --> 10:23.400]  now you have to appeal based on writ of error.
[10:23.400 --> 10:30.400]  But if it's trial de novo, you don't have to appeal on writ of error, and that's all it does.
[10:30.400 --> 10:36.400]  I got a police officer on the stand in a trial de novo and asked him,
[10:36.400 --> 10:44.400]  did you testify in the original trial? Objection! Objection! This is trial de novo,
[10:44.400 --> 10:45.400]  as a prosecutor.
[10:45.400 --> 10:49.400]  And I said, yes, Your Honor, it is trial de novo,
[10:49.400 --> 10:52.400]  but it's trial de novo for the purpose of perfecting appeal,
[10:52.400 --> 10:58.400]  not for the purpose of shielding the officer from aggravated perjury.
[10:58.400 --> 10:59.400]  Nice point.
[10:59.400 --> 11:03.400]  And the lawyer just said, object! Object! I do too, Your Honor.
[11:03.400 --> 11:08.400]  This is awful. They all misshaved it themselves.
[11:08.400 --> 11:12.400]  I asked the officer, okay, I won't go into that story,
[11:12.400 --> 11:18.400]  but the judge found me guilty and charged me $10.
[11:18.400 --> 11:19.400]  Oh, no.
[11:19.400 --> 11:28.400]  Well, the lawyer on the other side had a young lawyer with her who actually presented the case,
[11:28.400 --> 11:30.400]  and she was obviously training her.
[11:30.400 --> 11:34.400]  And since I was a pro se, she gave the young lawyer the pro se,
[11:34.400 --> 11:38.400]  and I kicked her behind.
[11:38.400 --> 11:42.400]  And the judge gave her a good lesson first rattle out of the box, did you?
[11:42.400 --> 11:46.400]  Yeah, and I welcomed her to the deep end of the pool.
[11:46.400 --> 11:50.400]  So this goes to show you never underestimate your opponent.
[11:50.400 --> 11:55.400]  The judge leaned over the bench and looked at me, and he had this look in his face.
[11:55.400 --> 12:02.400]  Hey, Mr. Kelton, I am going to find you guilty,
[12:02.400 --> 12:08.400]  and I'm going to charge you a fine of $10.
[12:08.400 --> 12:11.400]  And he kind of nodded at me like,
[12:11.400 --> 12:16.400]  will you accept that and cut my new prosecutor for some slack?
[12:16.400 --> 12:18.400]  No.
[12:18.400 --> 12:22.400]  Yeah, I did, because it really was more than me.
[12:22.400 --> 12:25.400]  This prosecutor was just this young woman.
[12:25.400 --> 12:27.400]  She was just devastated.
[12:27.400 --> 12:33.400]  Her first case, then some pro se comes in and wipes the floor with her.
[12:33.400 --> 12:34.400]  Good.
[12:34.400 --> 12:37.400]  Let that be a lesson to you, young lady.
[12:37.400 --> 12:39.400]  And that was enough.
[12:39.400 --> 12:43.400]  She got the lesson, and I got a $10 fine.
[12:43.400 --> 12:45.400]  But she won her case, Randy.
[12:45.400 --> 12:47.400]  That was okay.
[12:47.400 --> 12:56.400]  My purpose is I treat my public officials like my grandkids.
[12:56.400 --> 13:01.400]  I don't have any animosity toward them, but if one of them runs out in the road,
[13:01.400 --> 13:03.400]  I'm fixing to tan his hide.
[13:03.400 --> 13:05.400]  Got to whoop him, yeah.
[13:05.400 --> 13:07.400]  Yeah, but I don't want to harm him.
[13:07.400 --> 13:11.400]  I would like for her to be a good prosecutor.
[13:11.400 --> 13:14.400]  And keep in mind that there are two sides to this thing,
[13:14.400 --> 13:18.400]  and you've got to be careful, the other side might kick your behind.
[13:18.400 --> 13:20.400]  But that was enough.
[13:20.400 --> 13:22.400]  Anyway, trial de novo.
[13:22.400 --> 13:24.400]  Always keep that in mind.
[13:24.400 --> 13:30.400]  Whatever they testify to in the original trial, you can bring it into the appeal,
[13:30.400 --> 13:34.400]  even if it's trial de novo, because trial de novo has nothing to do
[13:34.400 --> 13:38.400]  with shielding these people from their original testimony.
[13:38.400 --> 13:40.400]  Right.
[13:40.400 --> 13:44.400]  Well, the issue on the table, or the issue before the court,
[13:44.400 --> 13:52.400]  was two-year statute of limitations pursuant to Texas Practices and Remedies Code,
[13:52.400 --> 13:59.400]  Civil Practices and Remedies Code, Section 16.003A.
[13:59.400 --> 14:04.400]  There are several causes of action under 16.003A,
[14:04.400 --> 14:08.400]  which are granted a two-year statute of limitations,
[14:08.400 --> 14:13.400]  forcible entry and detainer and forcible detainer being two of them.
[14:13.400 --> 14:20.400]  Opposing counsel wanted to convince the court that the clock started ticking all over again
[14:20.400 --> 14:24.400]  every time they send notice.
[14:24.400 --> 14:28.400]  Now, this would mean that every, we're talking about a three-day notice to vacate.
[14:28.400 --> 14:34.400]  This would mean that they could send five a week, one a day, one every business day.
[14:34.400 --> 14:40.400]  And that would completely obliterate the two-year statute of limitations.
[14:40.400 --> 14:42.400]  There would be no need for it.
[14:42.400 --> 14:45.400]  It would vitiate that law.
[14:45.400 --> 14:49.400]  Well, not in Judge Phillips' court, it doesn't.
[14:49.400 --> 14:54.400]  Now, if he has no choice, opposing counsel, that is,
[14:54.400 --> 14:58.400]  has no choice but to bring the same argument into the appellate court,
[14:58.400 --> 15:01.400]  he cannot change his argument.
[15:01.400 --> 15:06.400]  So as a result of this, once we get through the appellate process,
[15:06.400 --> 15:11.400]  we will have set some very much needed precedents here in the state of Texas,
[15:11.400 --> 15:16.400]  that is, in strict regard to forcible entry and detainer and forcible detainer.
[15:16.400 --> 15:20.400]  We will have established exactly when a cause of action accrues.
[15:20.400 --> 15:26.400]  We will establish for a fact that no lawyer has the authority to either vitiate statute
[15:26.400 --> 15:29.400]  or create new statute on his own.
[15:29.400 --> 15:40.400]  We will also establish for a fact that the effect of notice is only good for one shot.
[15:40.400 --> 15:43.400]  You only get to start that clock one time.
[15:43.400 --> 15:50.400]  It does not restart the clock every time they decide to send you a three-day notice to vacate.
[15:50.400 --> 15:54.400]  You gave us that back in 2009. We're well aware.
[15:54.400 --> 15:58.400]  You don't have to come back and ring that bell again.
[15:58.400 --> 16:03.400]  As a matter of fact, you can't come back and ring that bell again.
[16:03.400 --> 16:07.400]  If you were able to ring that bell multiple times, if you could restart that clock,
[16:07.400 --> 16:12.400]  then there'd be no need for the clock.
[16:12.400 --> 16:14.400]  Randy?
[16:14.400 --> 16:20.400]  I suggest that you are not going to set any precedent,
[16:20.400 --> 16:25.400]  because for all the lawyers huffing and puffing,
[16:25.400 --> 16:31.400]  that is the last thing he wants to give you opportunity to do.
[16:31.400 --> 16:34.400]  He is not going to appeal. He knows better.
[16:34.400 --> 16:36.400]  He got a resounding defeat.
[16:36.400 --> 16:41.400]  The defeat was dead on point of law, and he is not coming back for another one.
[16:41.400 --> 16:46.400]  The last thing he wants is the court of appeals to uphold your position.
[16:46.400 --> 16:50.400]  Then he can never bring it again. It becomes collateral estoppel.
[16:50.400 --> 16:52.400]  This guy's pretty cocky.
[16:52.400 --> 16:55.400]  He's just huffing and puffing.
[16:55.400 --> 17:00.400]  Randy Kelton, Deborah Stevens, Steve Skidmore, we'll be right back.
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[19:00.400 --> 19:10.400]  You are listening to the Logos Radio Network, l-l-l-LogosRadioNetwork.com.
[19:30.400 --> 19:46.400]  Okay, we are back.
[19:46.400 --> 19:49.400]  Randy Kelton, Steve Skidmore, Rule of Law Radio.
[19:49.400 --> 19:51.400]  And where were we, Steve?
[19:51.400 --> 19:53.400]  We were at the Travis County Courthouse
[19:53.400 --> 19:56.400]  with an opposing counsel who you're familiar with.
[19:56.400 --> 20:00.400]  I don't want to mention any names on the air until this is all over with.
[20:00.400 --> 20:03.400]  But there was something that happened.
[20:03.400 --> 20:06.400]  Wait, wait, wait. Did I not mention Hopkins' name?
[20:06.400 --> 20:09.400]  No, you don't want to mention Mark D. Hopkins, not at all.
[20:09.400 --> 20:11.400]  Okay, then. Okay, just for the record,
[20:11.400 --> 20:16.400]  we are not going to mention attorney Mark D. Hopkins' name on the air.
[20:16.400 --> 20:20.400]  Yeah, I don't want to name drop, but his initials are Mark D. Hopkins.
[20:20.400 --> 20:24.400]  Anyway, Mr. Hopkins raised an issue.
[20:24.400 --> 20:30.400]  Actually, he tried to enter a copy of the substitute trustee's deed
[20:30.400 --> 20:35.400]  and the deed of trust that didn't get passed Judge Phillips.
[20:35.400 --> 20:38.400]  Judge Phillips looked at them and said,
[20:38.400 --> 20:43.400]  no, I'm going to have to strike these because they're not authenticated.
[20:43.400 --> 20:47.400]  There's no stamp on them, and they're not certified.
[20:47.400 --> 20:50.400]  Well, Mr. Hopkins wanted to fishtail out of there.
[20:50.400 --> 20:52.400]  Are you kidding me?
[20:52.400 --> 20:55.400]  No. Did he really?
[20:55.400 --> 20:58.400]  Yes. Yes.
[20:58.400 --> 21:01.400]  He must have... I'm telling you, he's cocky.
[21:01.400 --> 21:03.400]  He should have been a rocket scientist.
[21:03.400 --> 21:06.400]  Something. Yeah, brain surgeon, whatever.
[21:06.400 --> 21:11.400]  But, well, I'm not going to go there either.
[21:11.400 --> 21:15.400]  He tried to enter these on the record, and he said,
[21:15.400 --> 21:18.400]  well, Your Honor, if it pleases the court, we can take a short recess.
[21:18.400 --> 21:21.400]  And then the judge went to looking at the afternoon docket,
[21:21.400 --> 21:25.400]  and he's going through there. I've got a two o'clock.
[21:25.400 --> 21:29.400]  We did take counsel with us, as I usually try to do.
[21:29.400 --> 21:36.400]  Normally, I will write my own pleadings and take counsel for assistance.
[21:36.400 --> 21:40.400]  And I've got to tell you, Jeff Kelly did a masterful job.
[21:40.400 --> 21:44.400]  He did a wonderful job adjudicating this case.
[21:44.400 --> 21:48.400]  And what happened, though, was he wanted to get out
[21:48.400 --> 21:51.400]  so he could go call his buddies in Addison and say,
[21:51.400 --> 21:55.400]  Hi, I'm in trouble here. What do I do? What do I do?
[21:55.400 --> 21:59.400]  Instead of letting him weasel out and get some time to go make his phone call,
[21:59.400 --> 22:04.400]  I made the suggestion that we allow him, we set this issue aside,
[22:04.400 --> 22:08.400]  allow him to enter these documents at a later time
[22:08.400 --> 22:14.400]  and move forward with the issue of statute of limitations.
[22:14.400 --> 22:18.400]  Mr. Hopkins was not happy, but the judge was happy to do it.
[22:18.400 --> 22:21.400]  So we move forward on the statute of limitations.
[22:21.400 --> 22:28.400]  Now, at the end, when his honor said that I'm going to fine for the defendant,
[22:28.400 --> 22:32.400]  Mr. Hopkins said, Your Honor, before you write out your order,
[22:32.400 --> 22:42.400]  I would like to reserve my right to put these certified instruments on the record
[22:42.400 --> 22:46.400]  so that I can perfect my appeal.
[22:46.400 --> 22:50.400]  He said, That's fine. We'll let you do that. I'm sure you can find them.
[22:50.400 --> 22:53.400]  Probably get them downstairs.
[22:53.400 --> 22:58.400]  But he gave indication to the court and gave indication to me
[22:58.400 --> 23:04.400]  that he is going to file for the appeal. And that's fine. That's fine.
[23:04.400 --> 23:09.400]  It's his dime. I wanted a copy of the transcript anyway for posterity's sake,
[23:09.400 --> 23:12.400]  but I didn't want to have to pay for it. That was an hour.
[23:12.400 --> 23:19.400]  We set aside half an hour of court time, and it wound up taking an hour to adjudicate it.
[23:19.400 --> 23:25.400]  So that's going to be a pricey paperwork package when he goes to get that transcript,
[23:25.400 --> 23:29.400]  which he's going to need for the third court of appeals.
[23:29.400 --> 23:33.400]  He's going to charge his client a whole lot of money for that.
[23:33.400 --> 23:37.400]  And that's fine. It's not going to do his client any good.
[23:37.400 --> 23:42.400]  And you should bar grieve him for filing a frivolous pleading.
[23:42.400 --> 23:48.400]  Oh, I've got a lot in store for Mr. Hopkins.
[23:48.400 --> 23:52.400]  Good. Good. We need to introduce them to the process from hell.
[23:52.400 --> 23:58.400]  Yeah. I want somebody's head on a stick in my front yard
[23:58.400 --> 24:04.400]  so that I can put multicolored Christmas lights in the eye sockets.
[24:04.400 --> 24:09.400]  Well, this is good news. You may well have won the whole enchilada.
[24:09.400 --> 24:13.400]  I very well have. That's the only way they can get me out of here is through a forcible detainer.
[24:13.400 --> 24:17.400]  And that bell rang nearly three years ago, Randy.
[24:17.400 --> 24:19.400]  So time's up.
[24:19.400 --> 24:21.400]  Time's way up.
[24:21.400 --> 24:24.400]  Okay. Wonderful.
[24:24.400 --> 24:27.400]  So now that I've got that off my chest.
[24:27.400 --> 24:30.400]  Now you've done your cock-a-doodle-doing.
[24:30.400 --> 24:31.400]  Yes, sir.
[24:31.400 --> 24:35.400]  We're going to go to Chris in Pennsylvania. Hello, Mr. Chris.
[24:35.400 --> 24:38.400]  Hello, Randy. How are you?
[24:38.400 --> 24:43.400]  I think Mr. Chris may be doing the little cock-a-doodle-doing of his own.
[24:43.400 --> 24:45.400]  I am.
[24:45.400 --> 24:46.400]  Good.
[24:46.400 --> 24:47.400]  So good.
[24:47.400 --> 24:50.400]  Tell us about it.
[24:50.400 --> 24:57.400]  Well, we ran into this case that we were putting some paperwork together on.
[24:57.400 --> 25:05.400]  And in the evidence we were putting together, we took a look at my wife's credit report.
[25:05.400 --> 25:17.400]  And it had stated on there that the bankruptcy, the Chapter 7 we filed, that the bank filed on her credit report that the debt was no longer.
[25:17.400 --> 25:22.400]  It was discharged under bankruptcy, Chapter 7, and there is zero debt.
[25:22.400 --> 25:24.400]  Okay. Hold on. Back up.
[25:24.400 --> 25:30.400]  You filed a Chapter 7 bankruptcy and you claimed the property as unsecured.
[25:30.400 --> 25:31.400]  Yes, sir.
[25:31.400 --> 25:40.400]  So it was up to the bank to file a notice of claim and come in and prove up their claim.
[25:40.400 --> 25:44.400]  So I take it they did not get their claim proved up.
[25:44.400 --> 25:49.400]  They did not. They didn't dispute the debt.
[25:49.400 --> 25:52.400]  So now where are we?
[25:52.400 --> 25:59.400]  Well, what happens in Pennsylvania is the mortgage is still there with a lien on it.
[25:59.400 --> 26:16.400]  So even though the debt was disputed and the bankruptcy filed and we now have zero debt, the bank is claiming that they have a right to foreclose based on the lien on the mortgage.
[26:16.400 --> 26:28.400]  Okay. And your argument is that they can only foreclose on the mortgage if there is a default.
[26:28.400 --> 26:29.400]  Correct.
[26:29.400 --> 26:36.400]  Since there is no debt, there can be no default.
[26:36.400 --> 26:38.400]  That's where we're at.
[26:38.400 --> 26:54.400]  So what we've done is in the notice of default or in the debt validation letter that we've sent, the second debt validation letter, the response to us was the same as the first one.
[26:54.400 --> 27:02.400]  The bank's claiming they're the servicer even though they have a mortgage of assignment recorded in the recorder of deeds office.
[27:02.400 --> 27:13.400]  So we've asked them to see the note, which they have told us that we must travel to Philadelphia to see the note to make sure it's legitimate.
[27:13.400 --> 27:16.400]  Do you have someone in Philadelphia?
[27:16.400 --> 27:38.400]  Yes, I just spoke with a woman today who is a forensic document examiner who would love to make an appointment with this person or their lawyer who claims to have the original note.
[27:38.400 --> 27:42.400]  Have you talked to Joe Esquivel?
[27:42.400 --> 27:51.400]  I have not, but that was going to be my question was Joe, I heard what had put something together that might be of assistance in that arena.
[27:51.400 --> 27:57.400]  Absolutely. Joe doesn't care about the original document.
[27:57.400 --> 27:58.400]  Right.
[27:58.400 --> 28:16.400]  Because the original document is of no interest if the holder of the original tangible security instrument at note does not also hold the right to receive the beneficial interest of note.
[28:16.400 --> 28:18.400]  Steve, will you explain that?
[28:18.400 --> 28:20.400]  Sure.
[28:20.400 --> 28:29.400]  Okay, when you go down, you're you're you're pretty much saying show me the note. Okay, when you go down and you look at the note.
[28:29.400 --> 28:31.400]  Take two pairs of glasses with you.
[28:31.400 --> 28:35.400]  Take your people glasses, take your legal glasses.
[28:35.400 --> 28:43.400]  Here's what you're going to see through your people glasses that things going to look just like it did the day you signed it.
[28:43.400 --> 28:47.400]  Put your legal glasses on and something's missing.
[28:47.400 --> 28:54.400]  So start reading through there and it says I blank to pay a certain amount of money over 30 years.
[28:54.400 --> 28:56.400]  Wait a minute. I what?
[28:56.400 --> 28:58.400]  I promise.
[28:58.400 --> 28:59.400]  Promise.
[28:59.400 --> 29:02.400]  You can narrow everything down to one word.
[29:02.400 --> 29:07.400]  Promise that promise is a revenue stream.
[29:07.400 --> 29:24.400]  When you went to closing and you sign those documents, you created those documents with your if you're right handed, you created them with your right hand. When you put your your mark on those papers, when you signed your name to them, that created the instrument.
[29:24.400 --> 29:28.400]  The negotiable instrument has a face value.
[29:28.400 --> 29:33.400]  That face value is reflected by a number of dollars.
[29:33.400 --> 29:41.400]  The value in that instrument is your promise to continue to pay over 30 years and I hear the music in the background.
[29:41.400 --> 29:47.400]  512-646-1984 is the number to dial if you'd like to join us in conversation.
[29:47.400 --> 29:51.400]  Chris, we will be right back after these few brief messages.
[29:51.400 --> 29:53.400]  So, folks, stay tuned.
[29:53.400 --> 29:54.400]  There's more to come.
[29:54.400 --> 30:02.400]  Steve doesn't have his caller page up, so he's going to fall over the grid.
[30:02.400 --> 30:08.400]  This performance enhancing drug shows up on drug tests, but it hasn't been banned from professional sports.
[30:08.400 --> 30:12.400]  I'm Dr. Catherine Albrecht and I'll bet you're taking this drug, too.
[30:12.400 --> 30:14.400]  I'll be back to tell you what it is.
[30:14.400 --> 30:16.400]  Privacy is under attack.
[30:16.400 --> 30:20.400]  When you give up data about yourself, you'll never get it back again.
[30:20.400 --> 30:25.400]  And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[30:25.400 --> 30:26.400]  So protect your rights.
[30:26.400 --> 30:30.400]  Say no to surveillance and keep your information to yourself.
[30:30.400 --> 30:33.400]  Privacy, it's worth hanging on to.
[30:33.400 --> 30:36.400]  This public service announcement is brought to you by StartPage.com,
[30:36.400 --> 30:40.400]  the private search engine alternative to Google, Yahoo, and Bing.
[30:40.400 --> 30:44.400]  Start over with StartPage.
[30:44.400 --> 30:47.400]  Caffeine, can it make you a better athlete?
[30:47.400 --> 30:49.400]  The verdict is as muddy as a cup of Joe.
[30:49.400 --> 30:56.400]  Researchers studying cyclists, runners, and rowers found caffeine does boost performance for short-term power events.
[30:56.400 --> 31:01.400]  Tennis players' accuracy and speed improved, and they had more endurance to get through the match.
[31:01.400 --> 31:06.400]  But caffeine doesn't help in all sports, and the correct dose varies widely between individuals.
[31:06.400 --> 31:08.400]  Caffeine contributes to dehydration.
[31:08.400 --> 31:13.400]  Plus, it can give you the jitters, and nervousness is the last thing you want in a competition.
[31:13.400 --> 31:17.400]  Athletes quickly build up a tolerance to caffeine, and it's addictive,
[31:17.400 --> 31:20.400]  as anyone who's ever had a caffeine headache can tell you.
[31:20.400 --> 31:30.400]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[31:30.400 --> 31:36.400]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[31:36.400 --> 31:38.400]  The government says that fire brought it down.
[31:38.400 --> 31:43.400]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[31:43.400 --> 31:46.400]  Over 6,000 of my fellow service members have given their lives.
[31:46.400 --> 31:48.400]  Thousands of my fellow first responders are dying.
[31:48.400 --> 31:50.400]  I'm not a conspiracy theorist. I'm a structural engineer.
[31:50.400 --> 31:53.400]  I'm a New York City correction officer. I'm an Air Force pilot.
[31:53.400 --> 31:57.400]  I'm a father who lost his son. We're Americans, and we deserve the truth.
[31:57.400 --> 32:01.400]  Go to RememberBuilding7.org today.
[32:01.400 --> 32:05.400]  Rule of Law Radio is proud to offer the Rule of Law Traffic Seminar.
[32:05.400 --> 32:07.400]  In today's America, we live in an us-against-them society,
[32:07.400 --> 32:09.400]  and if we the people are ever going to have a free society,
[32:09.400 --> 32:12.400]  then we're going to have to stand and defend our own rights.
[32:12.400 --> 32:15.400]  Among those rights are the right to travel freely from place to place,
[32:15.400 --> 32:17.400]  the right to act in our own private capacity,
[32:17.400 --> 32:19.400]  and most importantly, the right to due process of law.
[32:19.400 --> 32:22.400]  Traffic courts afford us the least expensive opportunity
[32:22.400 --> 32:25.400]  to learn how to enforce and preserve our rights through due process.
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[32:28.400 --> 32:31.400]  has put together the most comprehensive teaching tool available
[32:31.400 --> 32:33.400]  that will help you understand what due process is
[32:33.400 --> 32:35.400]  and how to hold courts to the rule of law.
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[33:00.400 --> 33:15.400]  You're listening to the Logos Radio Network at logosradionetwork.com.
[33:15.400 --> 33:31.400]  I got a warrant, and I'm going to serve them, to help government them, prosecute them. Okay?
[33:31.400 --> 33:49.400]  Welcome back to Rule of Law Radio, folks. You're listening to Steve Skidmore,
[33:49.400 --> 33:53.400]  and behind us there is Randy Kelton.
[33:53.400 --> 33:57.400]  I'd like to give a big thanks to Deborah Stevens for putting this thing together,
[33:57.400 --> 34:01.400]  it pours a lot of time and effort into informing people,
[34:01.400 --> 34:05.400]  and her efforts are not unrecognized.
[34:05.400 --> 34:13.400]  But to get back to what we were talking about, excuse me, what were we talking about?
[34:13.400 --> 34:17.400]  Oh, the note, yes, for Kristen, Pennsylvania.
[34:17.400 --> 34:25.400]  When you look at the original note, it's going to look as intact as it was the day you signed it.
[34:25.400 --> 34:29.400]  When you take a closer look at it, there's an important thing missing,
[34:29.400 --> 34:33.400]  and I'll get to the importance of it.
[34:33.400 --> 34:37.400]  When you went to closing, you signed a bunch of documents.
[34:37.400 --> 34:42.400]  Two of those documents were a note and a mortgage or deed of trust.
[34:42.400 --> 34:48.400]  These two instruments together make your mortgage loan instrument.
[34:48.400 --> 34:54.400]  The debt instrument or the note, that is your property,
[34:54.400 --> 34:58.400]  your signature created it, it is your personal property.
[34:58.400 --> 35:05.400]  You gave it up for ransom for a period of 30 years or until the alleged debt was satisfied.
[35:05.400 --> 35:09.400]  At the end of that 30 years, you're supposed to get your property back.
[35:09.400 --> 35:14.400]  Keep in mind they're holding it for ransom and for safekeeping, by the way.
[35:14.400 --> 35:21.400]  Now, as soon as you sign that stuff, before the ink was dry, somebody took it away from you.
[35:21.400 --> 35:25.400]  They took that note and they made a Xerox copy.
[35:25.400 --> 35:33.400]  They took that Xerox copy and they sold the Xerox copy to the investors.
[35:33.400 --> 35:41.400]  That removed the only thing of value from the original instrument that you signed.
[35:41.400 --> 35:46.400]  That promise to pay is now a blank spot when you look at it through your legal glasses.
[35:46.400 --> 35:55.400]  Now we go to Uniform Commercial Code Article 3, Section 203.
[35:55.400 --> 35:58.400]  D is in David in where it states,
[35:58.400 --> 36:06.400]  if the transferor purports to transfer less than the entire instrument, negotiation does not occur.
[36:06.400 --> 36:13.400]  Now, how do you get rights to act under a negotiable instrument?
[36:13.400 --> 36:17.400]  It has to be negotiated to you.
[36:17.400 --> 36:24.400]  But if you don't get the full monty, you don't get the full rights either.
[36:24.400 --> 36:26.400]  It says as much.
[36:26.400 --> 36:27.400]  Step in a second.
[36:27.400 --> 36:37.400]  If you will look at your deed of trust and look at Covenant 20 of the Fannie Mae Freddie Mac Uniform Instrument,
[36:37.400 --> 36:48.400]  if your note is not an FHA note, then you have Covenant 20 that authorizes the lender to sell a portion of the note.
[36:48.400 --> 36:50.400]  Together with the security instrument.
[36:50.400 --> 36:55.400]  Or the entire note together with the security instrument.
[36:55.400 --> 36:58.400]  It always says together with the security instrument.
[36:58.400 --> 37:06.400]  So my question is, how do you sell a portion of the note together with a security instrument?
[37:06.400 --> 37:08.400]  You can't.
[37:08.400 --> 37:10.400]  Well, you can.
[37:10.400 --> 37:12.400]  And Randy, you've said this several times.
[37:12.400 --> 37:16.400]  We live in a society where a man is free to screw himself if he wants to.
[37:16.400 --> 37:21.400]  Yeah, you're just a free country and you're free to sell a portion of the note.
[37:21.400 --> 37:22.400]  Right.
[37:22.400 --> 37:25.400]  It is not illegal to sell a portion of the note.
[37:25.400 --> 37:27.400]  Let me make this perfectly clear.
[37:27.400 --> 37:30.400]  It is not illegal to do it.
[37:30.400 --> 37:34.400]  What it does is it creates a fatal flaw.
[37:34.400 --> 37:39.400]  The note is no longer eligible for negotiation.
[37:39.400 --> 37:44.400]  The note doesn't carry any rights with it when it is transferred.
[37:44.400 --> 37:53.400]  Because the only thing that ever gave the piece of paper any value at all has been stripped from it and sold to a third party.
[37:53.400 --> 37:56.400]  And there's another problem.
[37:56.400 --> 38:17.400]  If you had a table-funded note and you came to the table acting in due diligence by only dealing with licensed professionals in whom you had a right to a reasonable expectation of good faith and fair dealing,
[38:17.400 --> 38:30.400]  and those licensed professionals turned out not – the licensed lender turned out not to actually be the lender, but merely an agent for the lender.
[38:30.400 --> 38:38.400]  Because for the most part, if it's a table-funded note, the lender never sold the note because he never owned it in the first place.
[38:38.400 --> 38:42.400]  Somebody else funded that note.
[38:42.400 --> 38:44.400]  You didn't know who it was.
[38:44.400 --> 38:47.400]  He loaned his license to them.
[38:47.400 --> 38:57.400]  They purchased the note at closing, so then when the lender came to the clerk of the court or the county registrar's office, the county clerk,
[38:57.400 --> 39:12.400]  and filed the deed of trust claiming under the stipulation that they held a claim against the property, they held no such thing.
[39:12.400 --> 39:15.400]  They had already sold that.
[39:15.400 --> 39:18.400]  Yeah, they can't come forward with a claim of injury.
[39:18.400 --> 39:24.400]  So the security instrument was void when it was filed.
[39:24.400 --> 39:28.400]  As void is fraudulent when it was filed.
[39:28.400 --> 39:35.400]  As fraudulent is defined by 51901C.
[39:35.400 --> 39:37.400]  That's Texas.
[39:37.400 --> 39:39.400]  That's Texas.
[39:39.400 --> 39:47.400]  And for the most part, in looking through the other states, they all – these requirements will all be essentially the same.
[39:47.400 --> 39:54.400]  If you go in and file a claim against property, then you don't actually have that claim against property.
[39:54.400 --> 40:00.400]  That goes – in Texas, we have a special statute securing the executing document by deception.
[40:00.400 --> 40:05.400]  That's the one they put in to screw the Republic of Texas from filing all of these deeds,
[40:05.400 --> 40:09.400]  but it gave us the opportunity to turn that back around on them using it against them.
[40:09.400 --> 40:15.400]  Tampa was the government document aggravating perjury.
[40:15.400 --> 40:19.400]  They did all these things.
[40:19.400 --> 40:21.400]  Okay, I'll stop interrupting.
[40:21.400 --> 40:22.400]  Yes, they did.
[40:22.400 --> 40:33.400]  But the whole thing behind the note itself, it's really not going to matter if they bring the original instrument in or not.
[40:33.400 --> 40:36.400]  I would be more interested in a copy.
[40:36.400 --> 40:41.400]  Actually, I want to see the Alanges.
[40:41.400 --> 40:47.400]  When I look at the Alanges, I'm going to make sure that there is a complete endorsement.
[40:47.400 --> 40:49.400]  Hold on, hold on.
[40:49.400 --> 40:53.400]  An Alange can't be attached to a copy.
[40:53.400 --> 40:57.400]  This is true, but they will bring copies of the Alange with them.
[40:57.400 --> 41:03.400]  That is a good reason to see the original note, because if you look at the original –
[41:03.400 --> 41:07.400]  Yes, to see if the Alange is actually attached to the physical document.
[41:07.400 --> 41:10.400]  Yes, chances are it's not.
[41:10.400 --> 41:13.400]  And they're bringing a copy with an Alange attached to it.
[41:13.400 --> 41:15.400]  Sorry, Bubba.
[41:15.400 --> 41:21.400]  It's not the tangible instrument that they're trading, Randy.
[41:21.400 --> 41:24.400]  It's that Xerox copy.
[41:24.400 --> 41:26.400]  What they're trading is the revenue stream.
[41:26.400 --> 41:27.400]  They don't care about the paper.
[41:27.400 --> 41:30.400]  All they care about is the value element, that revenue stream.
[41:30.400 --> 41:33.400]  That's what they're handing back and forth.
[41:33.400 --> 41:39.400]  And one other thing, if you do get an opportunity to view the original,
[41:39.400 --> 41:48.400]  if your person in Philadelphia does, suggest that your person take a 35 millimeter camera with her.
[41:48.400 --> 41:50.400]  Not a digital.
[41:50.400 --> 41:55.400]  35 millimeter doesn't pixelate.
[41:55.400 --> 42:02.400]  If you have a document that's already pixelated and you shoot it with a 35 millimeter,
[42:02.400 --> 42:07.400]  scan it in deep and blow it up, you can see that pixelation.
[42:07.400 --> 42:12.400]  Primarily, you want a photograph of the signatures on the document.
[42:12.400 --> 42:15.400]  That was supposedly done with a pen.
[42:15.400 --> 42:20.400]  If you've got a macro lens on that 35 millimeter, you're all the better.
[42:20.400 --> 42:29.400]  Yeah, that would be even better, but just a 35 millimeter is so rich.
[42:29.400 --> 42:38.400]  I scanned in once a photograph of my mother's uncle, my mother's 92.
[42:38.400 --> 42:42.400]  She did not think there was a picture in existence of her uncle.
[42:42.400 --> 42:47.400]  This was a family portrait, and the back half of it was real dark and overexposed.
[42:47.400 --> 42:57.400]  I scanned it in as deep as I could and photoshopped it and pulled his face out of the black.
[42:57.400 --> 43:00.400]  So 35 millimeter doesn't pixelate at all.
[43:00.400 --> 43:02.400]  It gets a real good copy.
[43:02.400 --> 43:08.400]  Then if you blow it up and you see pixelation, they got a problem.
[43:08.400 --> 43:10.400]  Yeah.
[43:10.400 --> 43:19.400]  But that's a secondary issue as to the note itself must have the elongies don't attach to a copy of the note.
[43:19.400 --> 43:20.400]  Right.
[43:20.400 --> 43:22.400]  The copy that they attach to the note.
[43:22.400 --> 43:24.400]  Supposed to.
[43:24.400 --> 43:35.400]  Now, the problem with the majority of the improper endorsements that we see is that they are incomplete.
[43:35.400 --> 43:36.400]  I hear the music again.
[43:36.400 --> 43:39.400]  Randy, you take us out.
[43:39.400 --> 43:42.400]  They're kind of like blank checks.
[43:42.400 --> 43:43.400]  They are.
[43:43.400 --> 43:48.400]  They've endorsed it in blank, and then the note goes into default.
[43:48.400 --> 43:54.400]  And then somebody signs his name in there where he wasn't defaulted on because it's already a default that he got it.
[43:54.400 --> 43:58.400]  Randy Kelton, Deborah Stevens, Steve Kiddmore, Wheelbarrow Radio.
[43:58.400 --> 44:02.400]  We'll be right back.
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[46:14.400 --> 46:24.400]  Whoa, whoa, whoa, yeah.
[46:24.400 --> 46:30.400]  Always, I must be careful what I'm wishing for.
[46:30.400 --> 46:35.400]  When I'm hungry, I like to know just what I'm fishing for.
[46:35.400 --> 46:41.400]  I ain't asking for much, I ain't trying to be no glutton.
[46:41.400 --> 46:46.400]  I'm just here making my living pushing buttons.
[46:46.400 --> 46:52.400]  I give my message out to anyone who's out in distance.
[46:52.400 --> 46:55.400]  I hope for bravery and against slavery.
[46:55.400 --> 46:57.400]  Okay, we are back.
[46:57.400 --> 47:03.400]  Randy Kelton, Steve Skidmore, Rule of Law Radio, and we're talking to Chris in Pennsylvania.
[47:03.400 --> 47:08.400]  Chris, oh, we were talking about, when we went out, we were talking about endorsement in blank,
[47:08.400 --> 47:12.400]  and Steve was going to take me on.
[47:12.400 --> 47:13.400]  Yes.
[47:13.400 --> 47:15.400]  Take your best shot, Bubba.
[47:15.400 --> 47:20.400]  You call it an endorsement in blank, the lawyers call it an endorsement in blank,
[47:20.400 --> 47:24.400]  the courts call it an incomplete endorsement.
[47:24.400 --> 47:32.400]  The difference is that this is not a bearer instrument, this is an order instrument.
[47:32.400 --> 47:36.400]  It doesn't say pay to the order of bearer or pay to bearer.
[47:36.400 --> 47:38.400]  It is not a Federal Reserve note.
[47:38.400 --> 47:40.400]  It is more like a check.
[47:40.400 --> 47:48.400]  When they put that stamp on that last page or they turn it over or create a launch
[47:48.400 --> 47:53.400]  and they put that stamp on there, that stamp says pay to the order of.
[47:53.400 --> 47:57.400]  Then there's supposed to be a named payee.
[47:57.400 --> 48:01.400]  Let's look at a different type of negotiable instrument, like a bank check.
[48:01.400 --> 48:03.400]  Everybody's had a checking account at one time or another.
[48:03.400 --> 48:08.400]  We're all adults here, we've all gone through the hassle of writing out a check.
[48:08.400 --> 48:11.400]  You know as well as I do that when you write a check to somebody,
[48:11.400 --> 48:19.400]  you put their name on that pay to the order of line, pay to the order of Randy Kelton, $100.
[48:19.400 --> 48:21.400]  The Randy Kelton's beer fund.
[48:21.400 --> 48:24.400]  Well, that goes down in the memo, Randy.
[48:24.400 --> 48:32.400]  But if you do not write Randy Kelton's name in there and you send that check to Randy Kelton
[48:32.400 --> 48:34.400]  and he does not write his name in there,
[48:34.400 --> 48:39.400]  instead he just flips it over and writes his name on the back and takes it to the teller.
[48:39.400 --> 48:42.400]  What's that teller going to do?
[48:42.400 --> 48:46.400]  He's going to push that check back and say, well, Mr. Kelton,
[48:46.400 --> 48:51.400]  there's no named payee on that payee line.
[48:51.400 --> 48:54.400]  Oh, well, silly me.
[48:54.400 --> 48:55.400]  Let me write my name in there.
[48:55.400 --> 48:58.400]  That's all he's got to do.
[48:58.400 --> 49:01.400]  Then why didn't the bank do it before they entered this into court
[49:01.400 --> 49:05.400]  or before they tried to do something else with it?
[49:05.400 --> 49:08.400]  That is an unnamed payee.
[49:08.400 --> 49:09.400]  OK, hold on.
[49:09.400 --> 49:12.400]  Let me explain why they didn't.
[49:12.400 --> 49:21.400]  Because they probably don't know for sure who the actual holder is.
[49:21.400 --> 49:22.400]  There you go.
[49:22.400 --> 49:28.400]  That's why they created MERS, Morgan Electronic Registration Systems.
[49:28.400 --> 49:37.400]  So MERS could stand as the agent for the lender and lender successors and assigns.
[49:37.400 --> 49:44.400]  So that when they took that note and pulled it into a real estate mortgage investment conduit
[49:44.400 --> 49:51.400]  and then started cutting tranches off of it where they've got two or three of these conduits running,
[49:51.400 --> 49:55.400]  one's making profits, going to incur taxes, one's losing money,
[49:55.400 --> 49:58.400]  they cut a tranche off of this one, a slice,
[49:58.400 --> 50:03.400]  and they move it over to this other one to adjust out the income streams.
[50:03.400 --> 50:10.400]  Problem, when you cut a tranche off of a pool with 10,000 notes in it,
[50:10.400 --> 50:15.400]  you're required by the Real Estate Settlement Procedures Act to notice each of the borrowers
[50:15.400 --> 50:20.400]  of the change in beneficial interest in that instrument.
[50:20.400 --> 50:23.400]  Guess what nobody ever gets notified of?
[50:23.400 --> 50:31.400]  Yeah, that would cost Jim the 10,000 at 25 to 30 bucks a pop just for the filing fee,
[50:31.400 --> 50:33.400]  not counting all the time it takes to do it.
[50:33.400 --> 50:35.400]  That would be prohibitive.
[50:35.400 --> 50:44.400]  So they set MERS up to stand as the agent for the lender and lender successors and assigns.
[50:44.400 --> 50:49.400]  And MERS stands here in front of you as a straw man saying,
[50:49.400 --> 50:55.400]  I'm here, you can look to me to see the holder.
[50:55.400 --> 51:00.400]  And then behind him, the holder switches back and forth and up and down and all over the place.
[51:00.400 --> 51:04.400]  Problem, MERS didn't take care of their books.
[51:04.400 --> 51:07.400]  So MERS doesn't even know who the holder is.
[51:07.400 --> 51:12.400]  That's why it's not signed because they don't know, they don't want it signed
[51:12.400 --> 51:16.400]  because if it's signed, only one person has a claim on it
[51:16.400 --> 51:19.400]  and they can't cut trenches and move them around.
[51:19.400 --> 51:20.400]  There you go.
[51:20.400 --> 51:29.400]  It was a investment scheme where they tried to drive a square plug into a round hole
[51:29.400 --> 51:33.400]  and it just wouldn't fit.
[51:33.400 --> 51:35.400]  So that's my story and I'm sticking to it.
[51:35.400 --> 51:39.400]  We've gone over incomplete endorsements on the launches
[51:39.400 --> 51:44.400]  and the bifurcation of the revenue stream from the tangible instrument.
[51:44.400 --> 51:48.400]  Is there anything else about this note that we need to talk about, Chris?
[51:48.400 --> 51:51.400]  We did get to throw in Randy's Beer Fund.
[51:51.400 --> 51:54.400]  We did, yeah, Randy's Beer Fund.
[51:54.400 --> 52:00.400]  We're putting all this together now in reference to what I'm dealing with.
[52:00.400 --> 52:05.400]  How is it that I put that together so that when it comes time,
[52:05.400 --> 52:10.400]  either through a quiet title action or in the case where I'm going to be presenting the fact
[52:10.400 --> 52:14.400]  that I need to know who the true note holder is,
[52:14.400 --> 52:18.400]  how is it that I present something like that?
[52:18.400 --> 52:23.400]  Why do you want to know who the true note holder is?
[52:23.400 --> 52:25.400]  I got the perfect way.
[52:25.400 --> 52:27.400]  We had this guy called in.
[52:27.400 --> 52:32.400]  Okay, he was a Yankee, but sometimes Yankees come up with good ideas.
[52:32.400 --> 52:38.400]  And what this Yankee suggested is that you go to the insurance carrier
[52:38.400 --> 52:42.400]  and get a list of all the beneficiaries.
[52:42.400 --> 52:48.400]  And the holder of the note would name himself as the beneficiary.
[52:48.400 --> 52:53.400]  And then you go to the court and say, well, this guy here, he says he is the holder of this note,
[52:53.400 --> 52:58.400]  but I had all these guys listed for my insurance policy,
[52:58.400 --> 53:04.400]  and they would only be listed there as the beneficiary if they would hold the note.
[53:04.400 --> 53:18.400]  And I don't see anything in the record reflecting any kind of negotiation of the note to these entities.
[53:18.400 --> 53:30.400]  And if it was negotiated to these entities and I wasn't given notice by certified mail as required by Covenant 14,
[53:30.400 --> 53:40.400]  then the lender as a matter of law has violated Covenant 1516 of the security instrument
[53:40.400 --> 53:45.400]  and rendered the security instrument void and unenforceable.
[53:45.400 --> 53:47.400]  What do you think about that, Chris?
[53:47.400 --> 53:51.400]  Chris happens to be that Yankee.
[53:51.400 --> 53:55.400]  Yeah, that was an epiphany, Randy.
[53:55.400 --> 54:00.400]  I haven't quite found the medication for that yet.
[54:00.400 --> 54:01.400]  Well, that's okay.
[54:01.400 --> 54:03.400]  That's something you don't want to get rid of.
[54:03.400 --> 54:08.400]  No, what he's talking about earlier, he called me and said he had an epiphany.
[54:08.400 --> 54:10.400]  Oh, those hurt.
[54:10.400 --> 54:15.400]  And I told him that I had one of those too, but I took something for it and it's better now.
[54:15.400 --> 54:17.400]  Good, good, good.
[54:17.400 --> 54:21.400]  We don't want Randy having any epiphanies.
[54:21.400 --> 54:23.400]  It makes him walk funny.
[54:23.400 --> 54:29.400]  And that was a really good call on Chris's part and I've added that to my routine
[54:29.400 --> 54:37.400]  where we have people request the beneficiaries on the mortgage insurance.
[54:37.400 --> 54:43.400]  That's kind of a really backdoor way to sneak up behind them and get a listing of all of the people
[54:43.400 --> 54:50.400]  that may well have held a note at what Joe Esquivel will do,
[54:50.400 --> 54:58.400]  is he will go in and track where all this note has been or the beneficial interest has been,
[54:58.400 --> 55:00.400]  and he'll come up with names.
[55:00.400 --> 55:09.400]  And so when you go into the court and you have these series of assignments
[55:09.400 --> 55:13.400]  of the security instrument from one person to another,
[55:13.400 --> 55:16.400]  you have the list that the lender brought to the table,
[55:16.400 --> 55:23.400]  and then you bring a list to the table and say, hold on here, what about these guys?
[55:23.400 --> 55:34.400]  When the lender brings his list, the court will accept his list as valid on the face of it
[55:34.400 --> 55:39.400]  until you come back with evidence that refutes his list.
[55:39.400 --> 55:47.400]  So you come back with these other names and now you move prima facie on the face of it,
[55:47.400 --> 55:51.400]  prima facie of regularity from the lender back to you.
[55:51.400 --> 55:57.400]  Now the lender is put in a position where he has to establish cause
[55:57.400 --> 56:03.400]  for not mentioning those guys who explain that to the court.
[56:03.400 --> 56:05.400]  Does that make sense, Chris?
[56:05.400 --> 56:09.400]  That makes perfect sense, and in that deliberation,
[56:09.400 --> 56:17.400]  and being able to bring that forward without being able to prove that on their record,
[56:17.400 --> 56:20.400]  because they probably didn't dig deep enough to look at that.
[56:20.400 --> 56:23.400]  They're just using a copy of the original that's in the recorder of deeds,
[56:23.400 --> 56:27.400]  because that's all we've seen so far is the exact same copy with a copy on it
[56:27.400 --> 56:30.400]  that's been put in the recorder of deeds seven years ago
[56:30.400 --> 56:38.400]  without the three other banks who were mortgagees over the last seven years being attached an Alange.
[56:38.400 --> 56:42.400]  There actually was no Alange on the copy they keep sending us.
[56:42.400 --> 56:47.400]  So if there's no Alange on the copy they sent you,
[56:47.400 --> 56:53.400]  then that's evidence that note has never been transferred to anyone.
[56:53.400 --> 57:02.400]  Has there been an assignment of the security instrument filed in the record?
[57:02.400 --> 57:09.400]  The only one we found is the original one, which was through Wachovia.
[57:09.400 --> 57:12.400]  Wait, the original lender here was Wachovia?
[57:12.400 --> 57:18.400]  Yes, the original lender was a Fannie Mae Merge Wachovia deal.
[57:18.400 --> 57:24.400]  Okay, and Wachovia, is there an assignment from Wachovia to anyone else?
[57:24.400 --> 57:30.400]  No, other than to Merge that claims on the note.
[57:30.400 --> 57:31.400]  There's a problem.
[57:31.400 --> 57:38.400]  Now Merge can't hold the assignment because Merge is just an agent for the entity holding the assignment.
[57:38.400 --> 57:44.400]  And the problem Merge has is Merge is a dead guy.
[57:44.400 --> 57:45.400]  Right.
[57:45.400 --> 57:49.400]  Wachovia, under law, is a person.
[57:49.400 --> 57:55.400]  And we talk about here when you go into court, they don't speak English.
[57:55.400 --> 57:57.400]  They speak legal language.
[57:57.400 --> 58:05.400]  And in court, person does not mean exclusively a living, breathing human being.
[58:05.400 --> 58:10.400]  It also means a legal fiction, a corporation, a company, an LLC.
[58:10.400 --> 58:16.400]  Because companies, corporations, and LLCs have rights like a person.
[58:16.400 --> 58:19.400]  The problem is this person died.
[58:19.400 --> 58:24.400]  Actually, this person was killed by the CIA for competing with him in the drug trade.
[58:24.400 --> 58:27.400]  We'll get to that when we come back on the other side.
[58:27.400 --> 58:31.400]  This is Randy Kaepernick, Steve Skidmore, Rule of Law Radio.
[58:31.400 --> 58:34.400]  Our call-in number, 512-646-1984.
[58:34.400 --> 58:37.400]  We're going to the top of the hour break.
[58:37.400 --> 58:39.400]  And we're at the middle of the show.
[58:39.400 --> 58:41.400]  Things tend to pick up toward the end.
[58:41.400 --> 58:44.400]  So if you have a question or comment, give us a call.
[58:44.400 --> 58:45.400]  Get in line.
[58:45.400 --> 58:46.400]  We'll get to everybody.
[58:46.400 --> 58:50.400]  We'll be right back.
[58:50.400 --> 58:54.400]  Would you like to make more definite progress in your walk with God?
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[01:00:00.400 --> 01:00:10.400]  This is the Liberty Beat, your daily source for Liberty news and activist updates, online at thelibertybeat.com.
[01:00:10.400 --> 01:00:15.400]  I'm Brian Hagan with your Liberty Beat for Friday, February 7th, 2014.
[01:00:15.400 --> 01:00:18.400]  Gold opened today at $1,260.
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[01:00:55.400 --> 01:01:01.400]  And from the Cory Moore Show, live Friday nights, 9 o'clock Central, at corymoreshow.com.
[01:01:01.400 --> 01:01:08.400]  The latest leaks from Edward Snowden reveal massive attempts to shut down the online collectivist Anonymous.
[01:01:08.400 --> 01:01:13.400]  NBC News reports a secret British spy unit attempting to spy on the group
[01:01:13.400 --> 01:01:20.400]  also interrupted web communications of political dissonance, while possibly shutting down sites with no anonymous connection.
[01:01:20.400 --> 01:01:30.400]  The latest Snowden leak reveals the effort was launched by the British counterpart of the NSA, known commonly as GCHQ.
[01:01:30.400 --> 01:01:35.400]  Brazilian authorities are spying on activist emails, monitoring social media,
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[01:01:42.400 --> 01:01:46.400]  According to officials speaking to The Guardian on condition of anonymity,
[01:01:46.400 --> 01:01:51.400]  police are worried about the presence of black bloc protesters who recently vandalized banks.
[01:01:51.400 --> 01:02:00.400]  The officials also stated authorities have located the computers of violent protesters and have access to their communication.
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[01:02:50.400 --> 01:02:56.400]  This is the Liberty Meet for Friday, February 7th, 2014.
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[01:03:00.400 --> 01:03:12.400]  It's all according to the will of the Almighty.
[01:03:12.400 --> 01:03:19.400]  I read his book and he says he cares not for the unsightly.
[01:03:19.400 --> 01:03:28.400]  These warmongers come by that term rightly.
[01:03:28.400 --> 01:03:31.400]  I won't pay for the war with my body.
[01:03:31.400 --> 01:03:34.400]  Ain't gonna pay for the car with my money.
[01:03:34.400 --> 01:03:38.400]  I won't pay for the fun with my body.
[01:03:38.400 --> 01:03:41.400]  The plan's wicked and the logic shoddy.
[01:03:41.400 --> 01:03:45.400]  Ain't gonna pay for the war with my body.
[01:03:45.400 --> 01:03:48.400]  I won't pay for the boys with my money.
[01:03:48.400 --> 01:03:51.400]  Ain't gonna pay for the kids with my body.
[01:03:51.400 --> 01:03:58.400]  Okay, Randy Kelton and Deborah Stevens, James Kiddmore, Ruva Radio.
[01:03:58.400 --> 01:04:02.400]  And we had a, you guys really miss out on the breaks.
[01:04:02.400 --> 01:04:06.400]  We have the most fun on the breaks.
[01:04:06.400 --> 01:04:10.400]  Where were, where were we, Chris? Okay, we had a...
[01:04:10.400 --> 01:04:13.400]  It's Over the Breaks is where Randy gets chewed out.
[01:04:13.400 --> 01:04:14.400]  Yeah, I do.
[01:04:14.400 --> 01:04:16.400]  That's the best part of the show.
[01:04:16.400 --> 01:04:22.400]  But then I'm married, I'm used to women abusing me.
[01:04:22.400 --> 01:04:27.400]  Okay, the thing that we were talking about the...
[01:04:27.400 --> 01:04:32.400]  No, about them producing the original security instrument.
[01:04:32.400 --> 01:04:35.400]  And we're trying to get this all in perspective.
[01:04:35.400 --> 01:04:40.400]  It's kind of complex, but once you get the pieces put together,
[01:04:40.400 --> 01:04:44.400]  and the most important piece to understand is,
[01:04:44.400 --> 01:04:51.400]  is that before 2000, before the turn of the millennium,
[01:04:51.400 --> 01:04:56.400]  there were some guys that come along and decided that it would be a great idea
[01:04:56.400 --> 01:05:02.400]  to take the real estate, the residential mortgages,
[01:05:02.400 --> 01:05:06.400]  which were, was a long-term commitment,
[01:05:06.400 --> 01:05:12.400]  and match that with a long-term investment need.
[01:05:12.400 --> 01:05:19.400]  So they take you and I, they take our retirement funds
[01:05:19.400 --> 01:05:24.400]  and invest those into our mortgages.
[01:05:24.400 --> 01:05:29.400]  Most people, they work for about 20 years and retire.
[01:05:29.400 --> 01:05:34.400]  Well, we have these mortgages that are 30-year commitments.
[01:05:34.400 --> 01:05:38.400]  So it was, it seemed like a perfect match
[01:05:38.400 --> 01:05:43.400]  that we take the residential mortgages and sell them,
[01:05:43.400 --> 01:05:47.400]  sell the income stream to the retirement funds.
[01:05:47.400 --> 01:05:49.400]  Oh, that seemed perfect.
[01:05:49.400 --> 01:05:55.400]  The problem is, unlike other types of securities,
[01:05:55.400 --> 01:06:04.400]  real property investments require certain kinds of disclosures in the county record.
[01:06:04.400 --> 01:06:08.400]  Say you have a property that you have a mortgage on,
[01:06:08.400 --> 01:06:11.400]  but you have some damage to the property,
[01:06:11.400 --> 01:06:15.400]  and you call me as a contractor and you want me to do some repairs,
[01:06:15.400 --> 01:06:18.400]  but you don't have the money to pay me right away.
[01:06:18.400 --> 01:06:21.400]  You got this insurance that will pay me maybe,
[01:06:21.400 --> 01:06:24.400]  you know, sometimes the insurance pays, sometimes it don't,
[01:06:24.400 --> 01:06:28.400]  and I, as the contractor, am not going to trust your insurance company.
[01:06:28.400 --> 01:06:36.400]  So, okay, I'll do your work, but you have to grant me a claim against the property.
[01:06:36.400 --> 01:06:41.400]  So in order for me to determine whether or not I can collect on my claim,
[01:06:41.400 --> 01:06:45.400]  I'm going to go to the county registrar's office
[01:06:45.400 --> 01:06:51.400]  and examine all of the claims that have been filed with the county registrar
[01:06:51.400 --> 01:06:57.400]  or in Pennsylvania, which is peculiar, it would be the prothonotary.
[01:06:57.400 --> 01:07:03.400]  I'm going to, I really like the word prothonotary, it's such a cool word.
[01:07:03.400 --> 01:07:11.400]  I'm going to look in there and see who has a claim against this property.
[01:07:11.400 --> 01:07:19.400]  Well, I have a right to trust what I see in the county record.
[01:07:19.400 --> 01:07:28.400]  So if I look in there and I see claims in there that are obviously problematic,
[01:07:28.400 --> 01:07:31.400]  then I can go ahead and file my claim
[01:07:31.400 --> 01:07:37.400]  because my claim is standing before these that are problematic.
[01:07:37.400 --> 01:07:46.400]  This is the problem that the banks had when they were trying to take
[01:07:46.400 --> 01:07:53.400]  residential mortgages and turn them into securities.
[01:07:53.400 --> 01:07:58.400]  Let me dispel the notion that the note was turned into security, it was not.
[01:07:58.400 --> 01:08:03.400]  Security is a term here that's really overused.
[01:08:03.400 --> 01:08:07.400]  When you enter into a residential mortgage agreement,
[01:08:07.400 --> 01:08:12.400]  you have three documents, a warranty deed, a promise to pay,
[01:08:12.400 --> 01:08:19.400]  and a security instrument, mortgage or deed of trust, depending on the state you're in.
[01:08:19.400 --> 01:08:28.400]  The mortgage or deed of trust secures the payment on the promissory note.
[01:08:28.400 --> 01:08:34.400]  When the note is negotiated into one of these investment conduits,
[01:08:34.400 --> 01:08:44.400]  the note is not sold, the promise to pay, the income stream is sold
[01:08:44.400 --> 01:08:47.400]  or negotiated or transferred.
[01:08:47.400 --> 01:08:55.400]  The note then becomes a security for the income stream.
[01:08:55.400 --> 01:09:01.400]  The income stream, when it's sold into this investment conduit, becomes a security.
[01:09:01.400 --> 01:09:12.400]  You have a security instrument in securing a note that secures an income stream that is a security.
[01:09:12.400 --> 01:09:17.400]  It is by its nature confusing.
[01:09:17.400 --> 01:09:19.400]  We're trying to dispel the confusion.
[01:09:19.400 --> 01:09:24.400]  That's why looking at the note is not that important.
[01:09:24.400 --> 01:09:32.400]  The security instrument that secures the note, the note secures the promise to pay.
[01:09:32.400 --> 01:09:35.400]  The promise to pay is the one that gets separated.
[01:09:35.400 --> 01:09:44.400]  Covenant 20 authorizes the lender to sell a portion of the note of the entire note,
[01:09:44.400 --> 01:09:47.400]  a portion of the note.
[01:09:47.400 --> 01:09:49.400]  That's the promise to pay.
[01:09:49.400 --> 01:09:52.400]  That's what gets sold.
[01:09:52.400 --> 01:10:00.400]  When I have a promise to pay, a promise to pay is a claim,
[01:10:00.400 --> 01:10:03.400]  it should be a claim against the property.
[01:10:03.400 --> 01:10:17.400]  Any change in the security is required to be reported by the Revenue State General Procedures Act,
[01:10:17.400 --> 01:10:27.400]  by a filing in the county record, and by the security instrument, the mortgage or deed of trust.
[01:10:27.400 --> 01:10:39.400]  I think it's Covenant 14 or 15, depending on the changes, one or two, depending on which security instrument it is.
[01:10:39.400 --> 01:10:50.400]  Covenant 14 or 15 requires that all notices be filed by certified mail.
[01:10:50.400 --> 01:10:58.400]  The Revenue State Settlement Procedures Act requires that any change in the holder status
[01:10:58.400 --> 01:11:07.400]  of the security instrument be reported within 30 days.
[01:11:07.400 --> 01:11:14.400]  The Revenue State Settlement Procedures Act, I sound pedantic, I'm not meaning to be, this is important.
[01:11:14.400 --> 01:11:21.400]  The Revenue State Settlement Procedures Act requires that a change in the holder status
[01:11:21.400 --> 01:11:27.400]  of the security instrument be reported within 30 days.
[01:11:27.400 --> 01:11:41.400]  The security instrument, the mortgage or deed of trust, requires that all of these notices be given by certified mail.
[01:11:41.400 --> 01:11:44.400]  That's generally Covenant 14.
[01:11:44.400 --> 01:11:55.400]  Covenant 15 requires that both the borrower and the lender abide by all relevant law.
[01:11:55.400 --> 01:12:00.400]  The Revenue State Settlement Procedures Act is relevant law.
[01:12:00.400 --> 01:12:12.400]  The reason I went into such detail is that the statute of limitations on the Revenue State Settlement Procedures Act is one to two years.
[01:12:12.400 --> 01:12:23.400]  So if you're five years down, you can't make a claim under the remedy provided by the legislature in the Revenue State Settlement Procedures Act.
[01:12:23.400 --> 01:12:25.400]  You don't need to make that claim.
[01:12:25.400 --> 01:12:36.400]  You can make your claim under Covenant 14, Covenant 15, or Covenant 15-16, depending on which security instrument it is.
[01:12:36.400 --> 01:12:38.400]  Governing Law and Severability.
[01:12:38.400 --> 01:12:45.400]  Governing Law and Severability would be 16, notices would be 15-14.
[01:12:45.400 --> 01:12:53.400]  So you claim a breach of contract, a breach of contract, my tongue got tangled, breach of contract.
[01:12:53.400 --> 01:13:02.400]  Breach of contract doesn't have that tolling of the statute of limitations that the consumer protection laws have.
[01:13:02.400 --> 01:13:06.400]  Consumer protection laws were all smoke and mirrors.
[01:13:06.400 --> 01:13:15.400]  The legislature passed those to give the impression that your legislators were looking out for you.
[01:13:15.400 --> 01:13:21.400]  But they set the statute of limitations so short that you'd never be able to claim them.
[01:13:21.400 --> 01:13:27.400]  So you don't have to claim them under the remedy provided by the legislature.
[01:13:27.400 --> 01:13:31.400]  You claim them under breach of contract.
[01:13:31.400 --> 01:13:38.400]  So does that make sense to you, Chris?
[01:13:38.400 --> 01:13:40.400]  I'm not sure if I've lost my place.
[01:13:40.400 --> 01:13:41.400]  Oh, wait, hold on.
[01:13:41.400 --> 01:13:48.400]  Chris, we can't hear you because someone, give me a second for my page to refresh.
[01:13:48.400 --> 01:13:49.400]  There you go.
[01:13:49.400 --> 01:13:51.400]  Now you're unmuted.
[01:13:51.400 --> 01:13:52.400]  All right.
[01:13:52.400 --> 01:13:59.400]  Yeah, that makes perfect sense because, in fact, that's exactly what the foreclosure is, is the breach of contract.
[01:13:59.400 --> 01:14:02.400]  They're claiming default on my breach of contract.
[01:14:02.400 --> 01:14:03.400]  Exactly.
[01:14:03.400 --> 01:14:06.400]  That default, they're considering a breach of contract.
[01:14:06.400 --> 01:14:12.400]  There has been a breach, but we need to start asking the question, who breached it first?
[01:14:12.400 --> 01:14:22.400]  If you've got TILA, RESPA, HOPA damages, those were built into the documents that were put at the table for you to sign.
[01:14:22.400 --> 01:14:35.400]  That's fraud ab initio or void ab initio, rather, I don't want to go to fraud, but void ab initio pursuant to the governing law and severability clause of the contract.
[01:14:35.400 --> 01:14:36.400]  Right.
[01:14:36.400 --> 01:14:49.400]  So if you could show a violation of one of those consumer protection laws, never, ever claim the remedy provided by the legislature, that's a trap.
[01:14:49.400 --> 01:14:50.400]  Right.
[01:14:50.400 --> 01:14:52.400]  Claim breach of contract.
[01:14:52.400 --> 01:14:55.400]  And you have a judge here.
[01:14:55.400 --> 01:15:03.400]  Right now, the way the politics is going, the state courts seem to be the better option.
[01:15:03.400 --> 01:15:15.400]  We have some cases here in Fort Worth that Judge McBride, I affectionately refer to federal Judge McBride as the stinker.
[01:15:15.400 --> 01:15:23.400]  We file a trespass to try title, strictly state filings.
[01:15:23.400 --> 01:15:28.400]  The lawyers automatically removed to the federal court, moved to dismiss.
[01:15:28.400 --> 01:15:40.400]  Well, the case law says if you were moved to the federal court for the purpose of filing a motion to dismiss under Rule 12 failure state of claim, which cover can be had, that is frivolous.
[01:15:40.400 --> 01:15:42.400]  But McBride doesn't care.
[01:15:42.400 --> 01:15:50.400]  If you are a pro se litigant, he's going to dismiss with prejudice out of hand.
[01:15:50.400 --> 01:15:53.400]  And I'm going to create a little cliffhanger here.
[01:15:53.400 --> 01:16:11.400]  I found this new statute passed in 2012 that I'm not going to tell it on the air in case the stinker is listening, but I'm going to land on him like a ton of bricks.
[01:16:11.400 --> 01:16:22.400]  So if you get your case in the federal courts, the federal courts, the judges are not elected.
[01:16:22.400 --> 01:16:28.400]  They're not near as responsive to the people who elected them.
[01:16:28.400 --> 01:16:40.400]  And with the nature of the economy and the news about how bad the bankers have screwed up everything, the politics is moving against the bankers in the state.
[01:16:40.400 --> 01:16:44.400]  The feds, they still tend to be bought and paid for.
[01:16:44.400 --> 01:16:47.400]  They're not so responsive to you or not.
[01:16:47.400 --> 01:16:52.400]  So you want to keep your case in the state.
[01:16:52.400 --> 01:16:55.400]  So make your claims on a state claim.
[01:16:55.400 --> 01:16:58.400]  Hang on and we'll touch on how to do that when we come back.
[01:16:58.400 --> 01:17:11.400]  We'll be right back.
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[01:19:26.400 --> 01:19:36.400]  Well, ain't gonna fool me with that same old trick again.
[01:19:36.400 --> 01:19:41.400]  I was blindsided but now I can see your plan.
[01:19:41.400 --> 01:19:46.400]  You put the fear in my pocket, took the money from my hand.
[01:19:46.400 --> 01:19:55.400]  Ain't gonna fool me with that same old trick again.
[01:19:55.400 --> 01:20:11.400]  Ain't gonna fool me.
[01:20:11.400 --> 01:20:16.400]  Ain't gonna drop me with that same old sucker punch.
[01:20:16.400 --> 01:20:18.400]  I get it now.
[01:20:18.400 --> 01:20:19.400]  Okay, we are back.
[01:20:19.400 --> 01:20:22.400]  Randy Kelton, Steve Skidmore, Rubell Radio.
[01:20:22.400 --> 01:20:31.400]  And just talking about this on the break, but I kind of need to apologize because I'm struggling here.
[01:20:31.400 --> 01:20:40.400]  There's something really basic to understand, and I'm trying to find a way of taking a realization out of my mind.
[01:20:40.400 --> 01:20:51.400]  Convert it into sounds I make with my face that will have the effect of transmitting that realization to your mind.
[01:20:51.400 --> 01:20:54.400]  And frankly, I'm struggling.
[01:20:54.400 --> 01:20:57.400]  I've never known you to be at a loss for words.
[01:20:57.400 --> 01:21:00.400]  Well, I'm not at a loss for words.
[01:21:00.400 --> 01:21:06.400]  I'm just at a loss for words that have meaning.
[01:21:06.400 --> 01:21:14.400]  And here, the point of all of this is, is yeah, there are a lot of claims you can make.
[01:21:14.400 --> 01:21:16.400]  You can claim bifurcation.
[01:21:16.400 --> 01:21:20.400]  You can claim securitization.
[01:21:20.400 --> 01:21:24.400]  But you have a judge here.
[01:21:24.400 --> 01:21:25.400]  And you have to...
[01:21:25.400 --> 01:21:27.400]  I'm going to mute you for the moment, Chris.
[01:21:27.400 --> 01:21:29.400]  You got a lot of background noise.
[01:21:29.400 --> 01:21:32.400]  And Kevin and John, hang on.
[01:21:32.400 --> 01:21:39.400]  I know you've been hanging on for a while, but we'll get to you shortly.
[01:21:39.400 --> 01:21:42.400]  Now I lost my place.
[01:21:42.400 --> 01:21:43.400]  You're trying to...
[01:21:43.400 --> 01:21:46.400]  Oh, I got to go.
[01:21:46.400 --> 01:21:52.400]  We can make these general accusations.
[01:21:52.400 --> 01:22:07.400]  But if you go to a judge and ask the judge to give you a ruling that overrules longstanding law,
[01:22:07.400 --> 01:22:15.400]  that changes the legal landscape as he knows it, judges do not like to do that.
[01:22:15.400 --> 01:22:19.400]  Judges do not want to be paid attention to.
[01:22:19.400 --> 01:22:22.400]  Judges want to make safe rulings.
[01:22:22.400 --> 01:22:29.400]  So when you go in and ask the judge to rule that MERS does not have standing,
[01:22:29.400 --> 01:22:34.400]  if he rules in your favor, he changes everything.
[01:22:34.400 --> 01:22:38.400]  And that's going to go to the Court of Appeals, and he's afraid he'll get overturned.
[01:22:38.400 --> 01:22:43.400]  Judges want really easy decisions.
[01:22:43.400 --> 01:22:53.400]  So it's better if you go into the court with a claim based on a specific document
[01:22:53.400 --> 01:23:02.400]  and a specific act that violates a covenant or a provision of a specific document
[01:23:02.400 --> 01:23:08.400]  so that when he gives you a ruling, it does not change the legal world as he knows it.
[01:23:08.400 --> 01:23:13.400]  If you go in and say that under the Real Estate Settlement Procedures Act,
[01:23:13.400 --> 01:23:16.400]  lenders cannot do this thing.
[01:23:16.400 --> 01:23:18.400]  He's not going to want to go there.
[01:23:18.400 --> 01:23:26.400]  But if you go in and say, when the lender entered into this agreement,
[01:23:26.400 --> 01:23:31.400]  he agreed to this contractual provision.
[01:23:31.400 --> 01:23:40.400]  He committed this specific act that violated that specific contractual provision.
[01:23:40.400 --> 01:23:48.400]  If he gives you a ruling on that, he doesn't change the legal landscape as he knows it.
[01:23:48.400 --> 01:23:56.400]  His decision only goes to this set of facts, this particular case, and nothing else.
[01:23:56.400 --> 01:23:59.400]  That's a whole lot easier to get a positive ruling on.
[01:23:59.400 --> 01:24:04.400]  Like Steve earlier, he went in and said,
[01:24:04.400 --> 01:24:14.400]  this particular alleged lender or alleged holder initiated an eviction proceeding in,
[01:24:14.400 --> 01:24:16.400]  what was it, Steve, 2009?
[01:24:16.400 --> 01:24:18.400]  2009.
[01:24:18.400 --> 01:24:19.400]  2009.
[01:24:19.400 --> 01:24:21.400]  And now here it is, 2014.
[01:24:21.400 --> 01:24:30.400]  He's trying to initiate, he eventually had rescinded this or non-suited this action.
[01:24:30.400 --> 01:24:37.400]  And now here it is, five years later, he's trying to initiate the action again.
[01:24:37.400 --> 01:24:40.400]  However, there's a two-year statute of limitations.
[01:24:40.400 --> 01:24:48.400]  The ruling here doesn't go to anything but the specific details of this case.
[01:24:48.400 --> 01:24:54.400]  If there's any way you can, take your claim,
[01:24:54.400 --> 01:25:00.400]  even if it is a general claim that everybody's doing,
[01:25:00.400 --> 01:25:16.400]  formulate your claim in terms of the specifics of this particular situation.
[01:25:16.400 --> 01:25:21.400]  And on another show, we'll talk about creating a timeline
[01:25:21.400 --> 01:25:28.400]  and writing a statement of facts to get you to that position.
[01:25:28.400 --> 01:25:33.400]  Okay, Chris, did that make sense or are you totally confused?
[01:25:33.400 --> 01:25:37.400]  No, it made perfect sense.
[01:25:37.400 --> 01:25:43.400]  You know, just getting to that point where I could make that claim in court,
[01:25:43.400 --> 01:25:50.400]  my confusion kind of lies with how I get to that point with this position I'm in
[01:25:50.400 --> 01:25:53.400]  where they're already, you know, we're in this consultatory thing
[01:25:53.400 --> 01:25:59.400]  and they're already trying to move along with the foreclosure.
[01:25:59.400 --> 01:26:09.400]  Okay, the way to get to this is the court doing the foreclosure
[01:26:09.400 --> 01:26:17.400]  only has the authority to determine who has a right to possession.
[01:26:17.400 --> 01:26:21.400]  And in these proceedings, you will have someone come to the court
[01:26:21.400 --> 01:26:26.400]  and make a claim of a superior right to possession.
[01:26:26.400 --> 01:26:33.400]  He'll say, that guy over there has physical possession of this property,
[01:26:33.400 --> 01:26:38.400]  but I have a legal claim for physical possession.
[01:26:38.400 --> 01:26:42.400]  And my claim is greater than his claim.
[01:26:42.400 --> 01:26:46.400]  And the way for you to deal with this is say,
[01:26:46.400 --> 01:26:54.400]  when the claimant came to the court and presented documentation
[01:26:54.400 --> 01:26:59.400]  such as a substitute trustee's deed,
[01:26:59.400 --> 01:27:05.400]  when a substitute trustee's deed is filed in the public record,
[01:27:05.400 --> 01:27:12.400]  the presumption is that the document is regular.
[01:27:12.400 --> 01:27:17.400]  On its face, on the face of it, the document is regular and valid.
[01:27:17.400 --> 01:27:21.400]  And the court will presume that it's regular and valid
[01:27:21.400 --> 01:27:26.400]  until someone comes along and challenges the validity of the document.
[01:27:26.400 --> 01:27:34.400]  So when the claimant comes to the eviction court with a claim to the property,
[01:27:34.400 --> 01:27:41.400]  the eviction court will presume that the document is regular and valid.
[01:27:41.400 --> 01:27:46.400]  If there's a question as to the regularity or the validity of the document,
[01:27:46.400 --> 01:27:50.400]  this court cannot hear that issue.
[01:27:50.400 --> 01:27:56.400]  So the way to eliminate this court's jurisdiction is go to a higher court
[01:27:56.400 --> 01:28:01.400]  and make a claim as to the validity of the document
[01:28:01.400 --> 01:28:05.400]  that the petitioner depends on for his standing
[01:28:05.400 --> 01:28:10.400]  to invoke the subject matter jurisdiction of this court.
[01:28:10.400 --> 01:28:14.400]  And that's done by quiet title action, unless you're in Texas,
[01:28:14.400 --> 01:28:21.400]  in which case if it's post foreclosure, it would be a trespass to try title action.
[01:28:21.400 --> 01:28:29.400]  When you file a quiet title action, be very careful.
[01:28:29.400 --> 01:28:35.400]  The only thing you want to claim in the quiet title action
[01:28:35.400 --> 01:28:42.400]  is that this particular document, as filed in the county record,
[01:28:42.400 --> 01:28:45.400]  is insufficient for filing.
[01:28:45.400 --> 01:28:49.400]  You don't want the court in a quiet title action
[01:28:49.400 --> 01:28:54.400]  to give you a ruling on the validity of any underlying claim.
[01:28:54.400 --> 01:28:59.400]  A quiet title action will only go to a security instrument.
[01:28:59.400 --> 01:29:05.400]  It won't go to the underlying debt, the promissory note.
[01:29:05.400 --> 01:29:13.400]  So you move to quiet the title as to this particular instrument.
[01:29:13.400 --> 01:29:19.400]  And don't let the judge rule on anything else, because they'll screw you.
[01:29:19.400 --> 01:29:25.400]  They'll give you the quiet title and rule that the underlying debt is unenforceable.
[01:29:25.400 --> 01:29:29.400]  If they do that, the appeals court will throw your ruling out.
[01:29:29.400 --> 01:29:34.400]  The courts do that to give you a bogus ruling to make sure it gets thrown out.
[01:29:34.400 --> 01:29:35.400]  So you've got to watch it.
[01:29:35.400 --> 01:29:41.400]  You file a quiet title action saying that this entity lacks standing
[01:29:41.400 --> 01:29:46.400]  to invoke the subject matter jurisdiction of the eviction court,
[01:29:46.400 --> 01:29:53.400]  because the document upon which he based his standing was insufficient.
[01:29:53.400 --> 01:29:55.400]  I'm sorry, I kind of got that out of the way.
[01:29:55.400 --> 01:29:56.400]  I'll straighten that out when I come back.
[01:29:56.400 --> 01:30:02.400]  Randy Kelton, Steve Kimmore, Reebok Radio.
[01:30:02.400 --> 01:30:05.400]  Dogs have an uncanny way of knowing what's on your mind.
[01:30:05.400 --> 01:30:09.400]  Sometimes it seems they anticipate what we want even before we do.
[01:30:09.400 --> 01:30:14.400]  Look at your Catherine Albrecht, and I'll tell you how researchers explain this in a moment.
[01:30:14.400 --> 01:30:16.400]  Privacy is under attack.
[01:30:16.400 --> 01:30:19.400]  When you give up data about yourself, you'll never get it back again.
[01:30:19.400 --> 01:30:24.400]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:24.400 --> 01:30:29.400]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:30:29.400 --> 01:30:32.400]  Privacy, it's worth hanging onto.
[01:30:32.400 --> 01:30:35.400]  This public service announcement is brought to you by StartPage.com,
[01:30:35.400 --> 01:30:39.400]  the private search engine alternative to Google, Yahoo, and Bing.
[01:30:39.400 --> 01:30:43.400]  Start over with StartPage.
[01:30:43.400 --> 01:30:46.400]  Dogs seem like mind readers sometimes.
[01:30:46.400 --> 01:30:48.400]  It's like they just know when not to bug you.
[01:30:48.400 --> 01:30:49.400]  Why is that?
[01:30:49.400 --> 01:30:52.400]  Well, it's not telepathy or your dog's language skills.
[01:30:52.400 --> 01:30:57.400]  Dogs anticipate our behavior by studying our eyes and our facial expressions.
[01:30:57.400 --> 01:31:02.400]  Researchers in Florida trained a group of dogs to seek treats from their human testers.
[01:31:02.400 --> 01:31:05.400]  Then they had some of the humans read books while others turned around.
[01:31:05.400 --> 01:31:07.400]  Some just looked straight ahead.
[01:31:07.400 --> 01:31:12.400]  When they were called, the dogs responded only when they could see the human's faces.
[01:31:12.400 --> 01:31:14.400]  The book readers got the cold shoulder.
[01:31:14.400 --> 01:31:17.400]  Your dog can tell when you're likely not to be paying attention.
[01:31:17.400 --> 01:31:21.400]  In fact, Fido is probably reading you like a book.
[01:31:21.400 --> 01:31:30.400]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31:30.400 --> 01:31:31.400]  I lost my son.
[01:31:31.400 --> 01:31:32.400]  My nephew.
[01:31:32.400 --> 01:31:33.400]  My uncle.
[01:31:33.400 --> 01:31:34.400]  My son.
[01:31:34.400 --> 01:31:35.400]  On September 11, 2001.
[01:31:35.400 --> 01:31:38.400]  Most people don't know that a third tower fell on September 11.
[01:31:38.400 --> 01:31:42.400]  World Trade Center 7, a 47-story skyscraper, was not hit by a plane.
[01:31:42.400 --> 01:31:46.400]  Although the official explanation is that fire brought down Building 7.
[01:31:46.400 --> 01:31:50.400]  Over 1,200 architects and engineers have looked into the evidence.
[01:31:50.400 --> 01:31:52.400]  And believe there is more to the story.
[01:31:52.400 --> 01:31:53.400]  Bring justice to my son.
[01:31:53.400 --> 01:31:54.400]  My uncle.
[01:31:54.400 --> 01:31:55.400]  My nephew.
[01:31:55.400 --> 01:31:56.400]  My son.
[01:31:56.400 --> 01:31:57.400]  Go to buildingwhat.org.
[01:31:57.400 --> 01:32:00.400]  Why it fell, why it matters, and what you can do.
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[01:33:01.400 --> 01:33:04.400]  Looking for some truth?
[01:33:04.400 --> 01:33:06.400]  You found it.
[01:33:06.400 --> 01:33:29.400]  Call 888-910-4367.
[01:33:36.400 --> 01:33:42.400]  The wicked come with temptation.
[01:33:42.400 --> 01:33:47.400]  They're trying to buy the whole place.
[01:33:47.400 --> 01:33:53.400]  They want to force the nation.
[01:33:53.400 --> 01:33:58.400]  Because they've fallen from grace.
[01:33:58.400 --> 01:34:09.400]  Yes, you would.
[01:34:09.400 --> 01:34:11.400]  Okay, we're back.
[01:34:11.400 --> 01:34:15.400]  Chris, we've been holding everybody else up for a long time.
[01:34:15.400 --> 01:34:19.400]  Is there anything that we haven't addressed?
[01:34:19.400 --> 01:34:30.400]  I was kind of struggling with an understanding here on how to make your claims.
[01:34:30.400 --> 01:34:35.400]  Make your claims as simple as possible.
[01:34:35.400 --> 01:34:37.400]  Consider the judge.
[01:34:37.400 --> 01:34:41.400]  You'll never win your case simply because you have the law and the facts on your side.
[01:34:41.400 --> 01:34:43.400]  To think so is naive.
[01:34:43.400 --> 01:34:48.400]  You'll only win your case if you have the politics on your side and all politics is local.
[01:34:48.400 --> 01:34:50.400]  Always look at the judge.
[01:34:50.400 --> 01:34:59.400]  Now, the judge is supposed to rule dispassionately and evenly and fairly.
[01:34:59.400 --> 01:35:01.400]  Well, excuse me.
[01:35:01.400 --> 01:35:04.400]  The judge is a human being.
[01:35:04.400 --> 01:35:08.400]  He is subject to political pressures.
[01:35:08.400 --> 01:35:14.400]  If you and I don't pay attention to those political pressures, we're going to get clobbered.
[01:35:14.400 --> 01:35:22.400]  And one of the primary political pressures is he don't want to have to make hard decisions.
[01:35:22.400 --> 01:35:23.400]  Right.
[01:35:23.400 --> 01:35:24.400]  But keep it simple.
[01:35:24.400 --> 01:35:26.400]  Keep it simple.
[01:35:26.400 --> 01:35:27.400]  Yeah.
[01:35:27.400 --> 01:35:28.400]  All right.
[01:35:28.400 --> 01:35:32.400]  So then that's reasonable to me.
[01:35:32.400 --> 01:35:38.400]  But Occam's razor is so dull.
[01:35:38.400 --> 01:35:39.400]  Okay.
[01:35:39.400 --> 01:35:40.400]  We need to move along.
[01:35:40.400 --> 01:35:44.400]  We've got some other callers who's been waiting a long time.
[01:35:44.400 --> 01:35:49.400]  This is one of my favorite subjects and we spent quite a bit of time on it.
[01:35:49.400 --> 01:35:52.400]  Do you have anything else we need to address for you, Kevin or Chris?
[01:35:52.400 --> 01:35:53.400]  Chris.
[01:35:53.400 --> 01:35:54.400]  Thank you very much.
[01:35:54.400 --> 01:35:55.400]  Well, that's good.
[01:35:55.400 --> 01:35:56.400]  Thank you very much.
[01:35:56.400 --> 01:35:57.400]  Okay.
[01:35:57.400 --> 01:35:58.400]  Thank you, Chris.
[01:35:58.400 --> 01:36:02.400]  Now, we're going to go to Kevin in Tennessee.
[01:36:02.400 --> 01:36:07.400]  Now, Kevin, fortunately, I'm from Tennessee.
[01:36:07.400 --> 01:36:12.400]  So I speak your strange foreign dialect.
[01:36:12.400 --> 01:36:16.400]  I may not speak that.
[01:36:16.400 --> 01:36:19.400]  I'm from Pennsylvania.
[01:36:19.400 --> 01:36:20.400]  So you're a foreigner.
[01:36:20.400 --> 01:36:22.400]  You're from a foreign county.
[01:36:22.400 --> 01:36:23.400]  Yes.
[01:36:23.400 --> 01:36:24.400]  Okay.
[01:36:24.400 --> 01:36:25.400]  Foreign county.
[01:36:25.400 --> 01:36:28.400]  So I guess I'm an immigrant.
[01:36:28.400 --> 01:36:30.400]  I can't speak.
[01:36:30.400 --> 01:36:31.400]  Yeah.
[01:36:31.400 --> 01:36:33.400]  Well, I'm in Wise County, Texas.
[01:36:33.400 --> 01:36:43.400]  When I go to Fort Worth, I'm considered a foreigner because it's in Tarrant County.
[01:36:43.400 --> 01:36:44.400]  Okay.
[01:36:44.400 --> 01:36:47.400]  Kevin, what can we do for you today?
[01:36:47.400 --> 01:36:55.400]  Well, unfortunately, I'm in a predicament and I don't know if you can do anything for me.
[01:36:55.400 --> 01:37:01.400]  If you could be just a second, I'll try to lay it out real quick and then you can say,
[01:37:01.400 --> 01:37:06.400]  oh, geez, I wish you all the best and we'll talk to you later.
[01:37:06.400 --> 01:37:14.400]  What I've got is I bought a house that was a foreclosure from Wells Fargo,
[01:37:14.400 --> 01:37:18.400]  and it was a hatchet job on the closing.
[01:37:18.400 --> 01:37:19.400]  I'm a layman.
[01:37:19.400 --> 01:37:24.400]  I have no idea, no clue what was going on.
[01:37:24.400 --> 01:37:29.400]  Probably four years after that, I went into bankruptcy.
[01:37:29.400 --> 01:37:37.400]  I did a Chapter 13, came out of the Chapter 13, was probably out in 18 months, I guess.
[01:37:37.400 --> 01:37:48.400]  An adult child of mine brought me two basically infants that I'm having to raise,
[01:37:48.400 --> 01:37:51.400]  and I was in a financial bind.
[01:37:51.400 --> 01:37:56.400]  I asked my servicer, Auckland.
[01:37:56.400 --> 01:37:58.400]  Never heard that name before.
[01:37:58.400 --> 01:38:00.400]  Oh, yeah.
[01:38:00.400 --> 01:38:02.400]  Auckland for a loan modification.
[01:38:02.400 --> 01:38:05.400]  They told me I didn't need to make any payments.
[01:38:05.400 --> 01:38:09.400]  This was a legal thing that was going on, and while we were in negotiations,
[01:38:09.400 --> 01:38:12.400]  no payments were to be accepted.
[01:38:12.400 --> 01:38:13.400]  Okay.
[01:38:13.400 --> 01:38:18.400]  Then they called me back, and I'm trying to talk to them every day.
[01:38:18.400 --> 01:38:19.400]  I can't get a hold of anybody.
[01:38:19.400 --> 01:38:20.400]  Nobody answers.
[01:38:20.400 --> 01:38:21.400]  Nobody responds.
[01:38:21.400 --> 01:38:22.400]  Nobody answers.
[01:38:22.400 --> 01:38:23.400]  Okay.
[01:38:23.400 --> 01:38:24.400]  Okay.
[01:38:24.400 --> 01:38:26.400]  Stop right there.
[01:38:26.400 --> 01:38:29.400]  That goes to promissory estoppel.
[01:38:29.400 --> 01:38:32.400]  This is fraud on its face.
[01:38:32.400 --> 01:38:36.400]  Do you have any of their conversations recorded?
[01:38:36.400 --> 01:38:37.400]  No, I do not.
[01:38:37.400 --> 01:38:38.400]  Okay.
[01:38:38.400 --> 01:38:42.400]  In the future, do not speak to them on the telephone.
[01:38:42.400 --> 01:38:50.400]  Only speak to them in writing, emails, things that can be tracked and traced.
[01:38:50.400 --> 01:38:55.400]  Well, this has progressed way, way, way past that.
[01:38:55.400 --> 01:38:58.400]  Have you been foreclosed on yet?
[01:38:58.400 --> 01:39:02.400]  I was foreclosed on, and I, well, when they called me,
[01:39:02.400 --> 01:39:06.400]  they called me from Auckland and told me that I,
[01:39:06.400 --> 01:39:12.400]  unfortunately, they had denied the request for a loan modification,
[01:39:12.400 --> 01:39:16.400]  and my foreclosure sale was for two days after that phone call.
[01:39:16.400 --> 01:39:19.400]  That's pretty standard, fraudulent procedure.
[01:39:19.400 --> 01:39:22.400]  It made me so mad I couldn't see straight.
[01:39:22.400 --> 01:39:26.400]  Usually I would have said, oh, gee, and I would have packed my stuff and got out.
[01:39:26.400 --> 01:39:27.400]  Okay.
[01:39:27.400 --> 01:39:28.400]  Hold on.
[01:39:28.400 --> 01:39:29.400]  Hold on.
[01:39:29.400 --> 01:39:30.400]  Are you still in the property?
[01:39:30.400 --> 01:39:31.400]  Oh, yeah.
[01:39:31.400 --> 01:39:32.400]  Okay.
[01:39:32.400 --> 01:39:33.400]  Yeah.
[01:39:33.400 --> 01:39:34.400]  Okay.
[01:39:34.400 --> 01:39:35.400]  They have foreclosed.
[01:39:35.400 --> 01:39:37.400]  Did they sell the property to a third party?
[01:39:37.400 --> 01:39:45.400]  They sold the property to Goldman Sachs on a credit bid.
[01:39:45.400 --> 01:39:47.400]  How long?
[01:39:47.400 --> 01:39:48.400]  On a credit bid.
[01:39:48.400 --> 01:39:52.400]  So Goldman Sachs claimed to be the holder?
[01:39:52.400 --> 01:39:53.400]  Uh-huh.
[01:39:53.400 --> 01:39:57.400]  Did you have, okay, it's hard to...
[01:39:57.400 --> 01:40:03.400]  Now, I got, I want to hire an attorney immediately to fight the foreclosure.
[01:40:03.400 --> 01:40:06.400]  Sent me to the courthouse to get all my documents.
[01:40:06.400 --> 01:40:08.400]  I want to think of my documents.
[01:40:08.400 --> 01:40:12.400]  The mortgage was issued August the 5th.
[01:40:12.400 --> 01:40:16.400]  The deed of trust didn't come out until August the 6th.
[01:40:16.400 --> 01:40:18.400]  That's okay.
[01:40:18.400 --> 01:40:19.400]  Okay.
[01:40:19.400 --> 01:40:23.400]  August, what year?
[01:40:23.400 --> 01:40:25.400]  2005.
[01:40:25.400 --> 01:40:26.400]  2005.
[01:40:26.400 --> 01:40:27.400]  Okay.
[01:40:27.400 --> 01:40:30.400]  They want to foreclose on this because you probably got quite a bit of equity.
[01:40:30.400 --> 01:40:33.400]  Did you have a down payment?
[01:40:33.400 --> 01:40:36.400]  No, but it was a foreclosure and the foreclosure...
[01:40:36.400 --> 01:40:37.400]  Oh, that's right.
[01:40:37.400 --> 01:40:38.400]  Okay.
[01:40:38.400 --> 01:40:39.400]  Okay.
[01:40:39.400 --> 01:40:40.400]  So you have equity in it.
[01:40:40.400 --> 01:40:41.400]  Most likely.
[01:40:41.400 --> 01:40:48.400]  I haven't seen how the property values in Tennessee have been affected.
[01:40:48.400 --> 01:40:54.400]  But if you were in 2005, you were on the backside of the curve.
[01:40:54.400 --> 01:40:59.400]  It crested at 2006, late six, late 37.
[01:40:59.400 --> 01:41:05.400]  Then it dropped down and bottomed at 09 and then it came back up in 2011.
[01:41:05.400 --> 01:41:12.400]  Almost, or depending on the state, it recovered about 10%, 15%.
[01:41:12.400 --> 01:41:20.400]  So you're probably close to your original 2005 fair market value.
[01:41:20.400 --> 01:41:29.400]  If you've been paying on the note since 2005, you've paid the note down quite a bit.
[01:41:29.400 --> 01:41:30.400]  Now...
[01:41:30.400 --> 01:41:34.400]  They also gave me a first and a second mortgage on closing day.
[01:41:34.400 --> 01:41:38.400]  A first and a second mortgage is a prescription for disaster.
[01:41:38.400 --> 01:41:40.400]  Well, here's the deal.
[01:41:40.400 --> 01:41:41.400]  It's a foreclosure.
[01:41:41.400 --> 01:41:47.400]  There's an unfinished swimming pool in the yard, an in-the-ground swimming pool that was not complete.
[01:41:47.400 --> 01:41:54.400]  I went to closing to get it because I qualified for 100% mortgage.
[01:41:54.400 --> 01:41:58.400]  The loan value was $170,000.
[01:41:58.400 --> 01:41:59.400]  Okay, wait a minute.
[01:41:59.400 --> 01:42:00.400]  Wait a minute.
[01:42:00.400 --> 01:42:03.400]  You qualified for 100% mortgage and they wrote you an 80-20?
[01:42:03.400 --> 01:42:06.400]  Well, I'm getting to it.
[01:42:06.400 --> 01:42:10.400]  I was supposed to get 100% mortgage for the house itself
[01:42:10.400 --> 01:42:17.400]  and then an additional second mortgage to finish the swimming pool,
[01:42:17.400 --> 01:42:20.400]  which was sitting unfinished in the yard.
[01:42:20.400 --> 01:42:23.400]  When I got away from closing, the closing was over.
[01:42:23.400 --> 01:42:24.400]  Documents signed.
[01:42:24.400 --> 01:42:25.400]  Everything's finished.
[01:42:25.400 --> 01:42:33.400]  I realized what they had given me was an 80% loan for the first mortgage
[01:42:33.400 --> 01:42:36.400]  and a 20% loan for the second mortgage.
[01:42:36.400 --> 01:42:41.400]  Both mortgages were applied to only the purchase of the house at $170,000.
[01:42:41.400 --> 01:42:46.400]  I qualified for 200% and I didn't get the $24,000 I needed to finish the swimming pool.
[01:42:46.400 --> 01:42:47.400]  They told me, that's fine.
[01:42:47.400 --> 01:42:50.400]  You can go anywhere and get another loan tomorrow.
[01:42:50.400 --> 01:42:51.400]  That's not a problem.
[01:42:51.400 --> 01:42:52.400]  Okay.
[01:42:52.400 --> 01:42:54.400]  That's fraud by non-disclosure.
[01:42:54.400 --> 01:42:57.400]  That's essentially fraud on his face.
[01:42:57.400 --> 01:42:58.400]  The only thing you can do...
[01:42:58.400 --> 01:42:59.400]  Pay and switch.
[01:42:59.400 --> 01:43:00.400]  Yeah.
[01:43:00.400 --> 01:43:02.400]  The only thing you can do is pay and switch.
[01:43:02.400 --> 01:43:03.400]  You can sue him.
[01:43:03.400 --> 01:43:04.400]  That's the only thing to do.
[01:43:04.400 --> 01:43:09.400]  The only thing I've ever seen that gets the bank's attention is to sue him.
[01:43:09.400 --> 01:43:10.400]  Okay.
[01:43:10.400 --> 01:43:11.400]  You can't negotiate with him.
[01:43:11.400 --> 01:43:15.400]  You can't deal with him unless you sue him.
[01:43:15.400 --> 01:43:17.400]  Here's the problem.
[01:43:17.400 --> 01:43:21.400]  She was charging me $1,250 a month and I couldn't afford it.
[01:43:21.400 --> 01:43:25.400]  So she had herself removed from my case.
[01:43:25.400 --> 01:43:26.400]  Your lawyer.
[01:43:26.400 --> 01:43:27.400]  Okay.
[01:43:27.400 --> 01:43:29.400]  You might want to sue your lawyer for malpractice.
[01:43:29.400 --> 01:43:32.400]  You need to look at what your lawyer actually did.
[01:43:32.400 --> 01:43:33.400]  Okay.
[01:43:33.400 --> 01:43:34.400]  So...
[01:43:34.400 --> 01:43:38.400]  Let me address that a bit when I come back on the other side.
[01:43:38.400 --> 01:43:42.400]  Lawyers are not like ordinary people.
[01:43:42.400 --> 01:43:45.400]  Lawyers are learning counsel.
[01:43:45.400 --> 01:43:47.400]  They have a duty to know.
[01:43:47.400 --> 01:43:52.400]  If they don't know and they screw it up, then you can take action against them.
[01:43:52.400 --> 01:43:53.400]  Hang on.
[01:43:53.400 --> 01:43:57.400]  This is Randy Kelton, Steve Skidmore, Deborah Stevens with our radio.
[01:43:57.400 --> 01:43:59.400]  We'll be right back.
[01:43:59.400 --> 01:44:03.400]  You feel tired when talking about important topics like money and politics?
[01:44:03.400 --> 01:44:04.400]  Sorry.
[01:44:04.400 --> 01:44:07.400]  Are you confused by words like the Constitution or the Federal Reserve?
[01:44:07.400 --> 01:44:08.400]  What?
[01:44:08.400 --> 01:44:12.400]  If so, you may be diagnosed with the deadliest disease known today, stupidity.
[01:44:12.400 --> 01:44:13.400]  Hi.
[01:44:13.400 --> 01:44:14.400]  My name is Steve Holt.
[01:44:14.400 --> 01:44:18.400]  And like millions of other Americans, I was diagnosed with stupidity at an early age.
[01:44:18.400 --> 01:44:24.400]  I had no idea that the number one cause of the disease is found in almost every home in America, the television.
[01:44:24.400 --> 01:44:28.400]  Unfortunately, that puts most Americans at risk of catching stupidity.
[01:44:28.400 --> 01:44:29.400]  But there is hope.
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[01:45:00.400 --> 01:45:03.400]  Are you the plaintiff or defendant in a lawsuit?
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[01:46:04.400 --> 01:46:21.400]  Thank you very much.
[01:46:34.400 --> 01:46:38.400]  So shall we read
[01:46:38.400 --> 01:46:42.400]  So many crucial words get put on
[01:46:42.400 --> 01:46:46.400]  Oh, how we read
[01:46:46.400 --> 01:46:48.400]  Try as we will
[01:46:48.400 --> 01:46:51.400]  Try as we will
[01:46:51.400 --> 01:46:53.400]  Try as we will
[01:46:53.400 --> 01:46:57.400]  Try as we will
[01:46:57.400 --> 01:46:59.400]  So shall we read
[01:46:59.400 --> 01:47:06.400]  My follow and listen, listen to this song
[01:47:07.400 --> 01:47:10.400]  Okay, we are back. Andy kernel is Steve Skidmore.
[01:47:10.400 --> 01:47:16.400]  That was our radio.osen and Kevin, have you been listening to our show very long?
[01:47:16.400 --> 01:47:23.400]  No. This is my first time to listen to your show and to have the Frod Stoppers put me on here
[01:47:23.400 --> 01:47:25.400]  And I'm proud they did that I'm trying to learn everything.
[01:47:25.400 --> 01:47:27.400]  Why? Why you believe it?
[01:47:27.400 --> 01:47:29.400]  He's a Yankee.
[01:47:29.400 --> 01:47:37.400]  I wish you'd use that term a little looser.
[01:47:37.400 --> 01:47:42.400]  I know he's a Yankee because I grew up on the near north side of Chicago and he's from Chicago.
[01:47:42.400 --> 01:47:47.400]  And I actually speak their strange foreign dialect as well.
[01:47:47.400 --> 01:47:49.400]  I'm multilingual.
[01:47:49.400 --> 01:47:54.400]  I was going to say, what state are you going to unlicense in?
[01:47:54.400 --> 01:47:57.400]  I'm in Texas, so I speak Redneck.
[01:47:57.400 --> 01:48:01.400]  I'm from Tennessee, so I speak Hillbilly.
[01:48:01.400 --> 01:48:04.400]  And I grew up in Chicago, so I speak Yankee.
[01:48:04.400 --> 01:48:06.400]  So I'm multilingual.
[01:48:06.400 --> 01:48:09.400]  You can fit in in any crowd now.
[01:48:09.400 --> 01:48:13.400]  You're not getting a pay raise.
[01:48:13.400 --> 01:48:14.400]  That's all there is to it.
[01:48:14.400 --> 01:48:16.400]  Okay.
[01:48:16.400 --> 01:48:23.400]  What's got me the most upset about the whole thing is the very last thing my first attorney told me
[01:48:23.400 --> 01:48:32.400]  before she withdrew was that I needed to watch when I hired a counsel that attorneys have a bad habit,
[01:48:32.400 --> 01:48:38.400]  especially in this area and this subject matter, that they're more interested in playing games
[01:48:38.400 --> 01:48:42.400]  with their buddies than they are on making sure that your case prevails.
[01:48:42.400 --> 01:48:44.400]  Well, I didn't quite understand what she meant.
[01:48:44.400 --> 01:48:49.400]  But now I've got that figured out because my attorney that I hired to replace her,
[01:48:49.400 --> 01:48:53.400]  because I was ordered to by the court.
[01:48:53.400 --> 01:48:54.400]  Whoa.
[01:48:54.400 --> 01:48:55.400]  Oh, whoa.
[01:48:55.400 --> 01:48:56.400]  What?
[01:48:56.400 --> 01:48:58.400]  The court can't pick your counsel?
[01:48:58.400 --> 01:49:00.400]  No, they didn't tell me who to pick.
[01:49:00.400 --> 01:49:03.400]  They just told me to pick somebody by date or my case was getting thrown out.
[01:49:03.400 --> 01:49:07.400]  You need to file to disqualify the judge.
[01:49:07.400 --> 01:49:08.400]  Absolutely.
[01:49:08.400 --> 01:49:09.400]  Okay.
[01:49:09.400 --> 01:49:16.400]  Here's one thing we will, if you listen to our show very much, we will teach you.
[01:49:16.400 --> 01:49:20.400]  The courts hate pro se litigants.
[01:49:20.400 --> 01:49:26.400]  They don't hate pro se litigants because pro se litigants file stupid pleadings.
[01:49:26.400 --> 01:49:29.400]  They like that makes it easy to screw them.
[01:49:29.400 --> 01:49:39.400]  They hate pro se litigants because every once in a while they come across the pro se from hell.
[01:49:39.400 --> 01:49:43.400]  And we will teach you how to be the pro se from hell.
[01:49:43.400 --> 01:49:51.400]  There is one thing that we know that the court does not want you to know.
[01:49:51.400 --> 01:49:57.400]  Now you kind of know it, but internally you don't truly understand it.
[01:49:57.400 --> 01:50:05.400]  When I walk into a courthouse, I am the baddest motor scooter in the building.
[01:50:05.400 --> 01:50:10.400]  And there's only one reason I'm the baddest motor scooter in the building.
[01:50:10.400 --> 01:50:12.400]  Well, you have confidence in what you know.
[01:50:12.400 --> 01:50:13.400]  Nah.
[01:50:13.400 --> 01:50:14.400]  It's because I'm nobody.
[01:50:14.400 --> 01:50:16.400]  You see, when you know it, you know it.
[01:50:16.400 --> 01:50:17.400]  Nah.
[01:50:17.400 --> 01:50:19.400]  No, I'm nobody.
[01:50:19.400 --> 01:50:21.400]  I'm not a prosecutor.
[01:50:21.400 --> 01:50:26.400]  I'm not a bailiff or a clerk or a judge.
[01:50:26.400 --> 01:50:29.400]  You know, you're the only guy with whittling on the front porch.
[01:50:29.400 --> 01:50:32.400]  I learned to watch him a long time ago.
[01:50:32.400 --> 01:50:36.400]  I am the master.
[01:50:36.400 --> 01:50:41.400]  They are all public servants and I am the master.
[01:50:41.400 --> 01:50:45.400]  And that's what we'll show you how to be is the master.
[01:50:45.400 --> 01:50:49.400]  We've got some basic rules, some things to understand.
[01:50:49.400 --> 01:50:54.400]  You will never win your case simply because you have the law and the facts on your side.
[01:50:54.400 --> 01:50:57.400]  To think so is naive.
[01:50:57.400 --> 01:50:59.400]  It is not that way now.
[01:50:59.400 --> 01:51:03.400]  It never, ever has been that way since we had judges.
[01:51:03.400 --> 01:51:08.400]  You will only win your case if you have the politics on your side.
[01:51:08.400 --> 01:51:13.400]  And all politics is local.
[01:51:13.400 --> 01:51:17.400]  We'll show you how to generate a little local politics.
[01:51:17.400 --> 01:51:22.400]  And the way you generate local politics is you never,
[01:51:22.400 --> 01:51:32.400]  ever ask a public official to do anything that you actually want the public official to do.
[01:51:32.400 --> 01:51:44.400]  Because you never, ever ask a public official to do anything that the law does not specifically require him to do.
[01:51:44.400 --> 01:51:53.400]  So that when he fails to do what you ask him to do, you get to land on him like a ton of bricks.
[01:51:53.400 --> 01:51:56.400]  Or if he does what he's not allowed to do.
[01:51:56.400 --> 01:52:05.400]  Exactly. If a public official acting under the color of his authority exerts or purports to exert an authority he does not expressly have.
[01:52:05.400 --> 01:52:16.400]  Or if he fails to perform a duty he is required to perform and in the process denies a citizen in the full free access to enjoyment of rights,
[01:52:16.400 --> 01:52:18.400]  that's a crime in every state.
[01:52:18.400 --> 01:52:24.400]  Under 18 U.S. Code 242, it's a federal crime if it's in a federal venue.
[01:52:24.400 --> 01:52:28.400]  In Texas, it's 39.03 penal code.
[01:52:28.400 --> 01:52:35.400]  Every state has a statute reflecting the Ku Klux Klan Act.
[01:52:35.400 --> 01:52:42.400]  You're in Tennessee, Ku Klux Klan originated in Pulaski, Texas after the Civil War.
[01:52:42.400 --> 01:52:52.400]  After the Civil War, during the Reconstruction, the Northern Yankees sent all these carpet baggers down in the South to tell all these Southerners what to do.
[01:52:52.400 --> 01:52:59.400]  They left the mayors, the constables, the sheriffs in place so they didn't want to have absolute anarchy.
[01:52:59.400 --> 01:53:08.400]  But they come down and told them to do different things and these hillbillies told them those Yankee carpet baggers to go scratch and they did what they wanted to.
[01:53:08.400 --> 01:53:12.400]  So in 1871, the legislature passed the Ku Klux Klan Act.
[01:53:12.400 --> 01:53:17.400]  The parts we know about the most is the second part.
[01:53:17.400 --> 01:53:25.400]  That part that makes a public official subject to civil litigation, 42 U.S. Code 1983.
[01:53:25.400 --> 01:53:32.400]  Second half of the Ku Klux Klan Act was codified into 42 U.S. Code 1983.
[01:53:32.400 --> 01:53:37.400]  That's the action you can file against a public official, a civil action.
[01:53:37.400 --> 01:53:43.400]  The part we don't hear about much was the first part of the Ku Klux Klan Act.
[01:53:43.400 --> 01:53:56.400]  That's been codified into 18 U.S. Code 242 and that makes it a crime for a public official to fail to perform a duty or to exercise an authority he doesn't have.
[01:53:56.400 --> 01:54:04.400]  And the judge has no authority to order you to enter into a contract.
[01:54:04.400 --> 01:54:12.400]  As a matter of fact, the Constitution specifically forbids the government from interfering with the private contract.
[01:54:12.400 --> 01:54:16.400]  You should file criminal charges against the judge.
[01:54:16.400 --> 01:54:25.400]  Now that's going to make the judge really, really unhappy, but who cares?
[01:54:25.400 --> 01:54:34.400]  The judge is going to screw you every way from Sunday anyway, even if he is a corrupt judge.
[01:54:34.400 --> 01:54:42.400]  If he's not a corrupt judge, then he will know you acted properly.
[01:54:42.400 --> 01:54:44.400]  You have nothing to lose.
[01:54:44.400 --> 01:54:47.400]  You are the sovereign.
[01:54:47.400 --> 01:54:48.400]  I don't like sovereign.
[01:54:48.400 --> 01:54:50.400]  You are the master.
[01:54:50.400 --> 01:54:52.400]  They are the servants.
[01:54:52.400 --> 01:55:00.400]  It is your responsibility to ensure that your servants abide by your law.
[01:55:00.400 --> 01:55:07.400]  When they fail to do so, you have a duty to clobber them good.
[01:55:07.400 --> 01:55:18.400]  Public officials are not used to citizens coming in with the realization that they are the masters.
[01:55:18.400 --> 01:55:26.400]  If you do those simple things, I say they're simple, they're not near as simple as it sounds, but we have a lot of tools.
[01:55:26.400 --> 01:55:31.400]  If a judge acts inappropriately, you have canons of judicial ethics.
[01:55:31.400 --> 01:55:33.400]  Every state has a center.
[01:55:33.400 --> 01:55:43.400]  Almost all the states have adopted the model standards put out by the American Bar Association.
[01:55:43.400 --> 01:55:48.400]  Also, every state has a bar association.
[01:55:48.400 --> 01:55:50.400]  It should be federal.
[01:55:50.400 --> 01:55:53.400]  How did it get into federal?
[01:55:53.400 --> 01:55:56.400]  That's where my attorney filed.
[01:55:56.400 --> 01:56:02.400]  She said we'd have the best chances in the federal court.
[01:56:02.400 --> 01:56:08.400]  You need to sue your attorney for malpractice.
[01:56:08.400 --> 01:56:10.400]  You don't have any chance in the federal court.
[01:56:10.400 --> 01:56:14.400]  Is your loan over three years old?
[01:56:14.400 --> 01:56:15.400]  Yeah.
[01:56:15.400 --> 01:56:26.400]  You don't have any federal claims because the statute of limitations is told on the Real Estate Settlement Procedures Act and the Truth in Lending Act.
[01:56:26.400 --> 01:56:29.400]  The Home Equity Protection Act is included in the Truth in Lending Act.
[01:56:29.400 --> 01:56:31.400]  The statute of limitations is told.
[01:56:31.400 --> 01:56:34.400]  You don't have a federal claim.
[01:56:34.400 --> 01:56:38.400]  Your lawyer's an idiot.
[01:56:38.400 --> 01:56:42.400]  Your lawyer needs to sue under breach of contract.
[01:56:42.400 --> 01:56:45.400]  Well, I mean, that was one of the cases.
[01:56:45.400 --> 01:56:58.400]  She had 124 points in the case that she brought against, and those are 124 different, I don't know what you would call them.
[01:56:58.400 --> 01:57:01.400]  Causes of action?
[01:57:01.400 --> 01:57:05.400]  Absolutely no way she could get 124 causes of action in a federal court.
[01:57:05.400 --> 01:57:12.400]  Even if she gets half of those, she's done good, I'm sure.
[01:57:12.400 --> 01:57:14.400]  So she's out of the picture at this point.
[01:57:14.400 --> 01:57:17.400]  How many of those did she win?
[01:57:17.400 --> 01:57:29.400]  You almost always are going to do better at this point in history in the state court with a quiet title action.
[01:57:29.400 --> 01:57:34.400]  Well, we put the quiet title action in the improper foreclosure.
[01:57:34.400 --> 01:57:36.400]  That's not a quiet title action.
[01:57:36.400 --> 01:57:42.400]  Well, there's the foreclosure at the wrong address, the wrong city, and the wrong county.
[01:57:42.400 --> 01:57:44.400]  That's a problem.
[01:57:44.400 --> 01:57:45.400]  Those are minor issues.
[01:57:45.400 --> 01:57:48.400]  That's a non-sprotunk issue.
[01:57:48.400 --> 01:57:51.400]  That's a simple issue to correct.
[01:57:51.400 --> 01:57:57.400]  There are serious issues that go to the filing requirements in the county records.
[01:57:57.400 --> 01:58:02.400]  These lawyers, I don't know, somehow they don't do their homework.
[01:58:02.400 --> 01:58:05.400]  There are some really devastating issues that you can bring.
[01:58:05.400 --> 01:58:08.400]  I can't address them all here on this show.
[01:58:08.400 --> 01:58:10.400]  I don't have enough time.
[01:58:10.400 --> 01:58:21.400]  But if you will send me an email at brandy at rulelawradio.com, I'll talk to you off the air about this.
[01:58:21.400 --> 01:58:28.400]  In order for me to give you an idea of what to do, I need you to go to the county recorder's office
[01:58:28.400 --> 01:58:32.400]  and collect all the records that's been filed in the county registrar's office on the property.
[01:58:32.400 --> 01:58:38.400]  Since you received a warranty deed, send them to me and I'll give you an idea of what you can do.
[01:58:38.400 --> 01:58:40.400]  Okay.
[01:58:40.400 --> 01:58:43.400]  Okay, Randy at rulelawradio.com.
[01:58:43.400 --> 01:58:49.400]  Okay, when we come back, we're going to go to John, Steve, Teresa.
[01:58:49.400 --> 01:58:55.400]  The Bible remains the most popular book in the world, yet countless readers are frustrated
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[01:59:47.400 --> 01:59:50.400]  That's freestudybible.com.
[01:59:50.400 --> 01:59:56.400]  You are listening to the Logos Radio Network, logosradionetwork.com.