ROL_2014-02-28_16k_Hr3-4.timecode
[00:00.000 --> 00:08.000] This is the Liberty Beat, your daily source for Liberty news and activist updates, online
[00:08.000 --> 00:09.000] at thelibertybeat.com.
[00:09.000 --> 00:14.960] I'm Brian Hagan with your Liberty Beat for Friday, February 28, 2014.
[00:14.960 --> 00:23.640] Gold opened today at $1,332, silver opened at $21.35, and Bitcoin is trading at $563.
[00:23.640 --> 00:27.640] Support for the Liberty Beat comes from the 512 Bitcoin mini conference and launch party
[00:27.640 --> 00:32.200] Sunday, March 9, from 1 until 6 p.m. at Brave New Books.
[00:32.200 --> 00:36.920] The event features a wallet setup party, a women in Bitcoin panel, and special guest
[00:36.920 --> 00:40.240] Cody Wilson of Dean's Distributed and Dark Wallet.
[00:40.240 --> 00:43.800] That's Sunday, March 9 at Brave New Books in Austin.
[00:43.800 --> 00:49.760] Support also comes from SovereignBTC, media, marketing and consulting for the Bitcoin ecosystem,
[00:49.760 --> 00:52.760] online at sovereignbtc.com.
[00:52.760 --> 00:57.520] And for Mass Appeal, affordable high quality printing, now accepting Bitcoin.
[00:57.520 --> 01:00.120] Online at massappealinc.com.
[01:00.120 --> 01:05.240] The Austin City Council voted unanimously yesterday to continue the fluoridation of Austin's water
[01:05.240 --> 01:06.240] supply.
[01:06.240 --> 01:10.520] The vote came after 45 minutes of testimony from community leaders, toxicology experts,
[01:10.520 --> 01:15.040] and a mother who stated Austin's water gave her daughter dental fluorosis from her consumption
[01:15.040 --> 01:17.280] of fluoridated water while pregnant.
[01:17.280 --> 01:20.960] Despite the pleas to end the practice, the council passed the measure after a motion
[01:20.960 --> 01:27.720] from Councilwoman Laura Morrison and a second from Councilman Bill Spellman.
[01:27.720 --> 01:32.520] On Sunday, Central Texas Gunworks and Come and Take in Austin will celebrate Texas Independence
[01:32.520 --> 01:36.840] Day with an open carry rally featuring music, education, and food.
[01:36.840 --> 01:41.680] Participants are encouraged to bring long guns and pre-1899 black powder revolvers.
[01:41.680 --> 01:46.120] Central Texas Gunworks will also be unveiling a Bitcoin ATM inside the gun store.
[01:46.120 --> 01:49.920] Texas Firearms Freedom will hold a training session for those interested in working on
[01:49.920 --> 01:52.840] constitutional carry through the state legislature.
[01:52.840 --> 02:02.000] The event begins at 2 p.m. at CTGW off 321 West Bend White Boulevard, Suite 203 in Austin.
[02:02.000 --> 02:07.240] A government contractor based out of Fort Worth, Texas has been awarded a $145 million
[02:07.240 --> 02:11.920] contract from the Department of Homeland Security to build security towers along the border.
[02:11.920 --> 02:16.880] EFW will be tasked with building fixed towers capable of detecting, tracking, identifying,
[02:16.880 --> 02:20.880] and classifying suspicious activity along the Arizona-Mexico border.
[02:20.880 --> 02:25.160] EFW is expected to begin creating the towers later this year.
[02:25.160 --> 02:28.600] Support for Liberty Beat comes from Dorothy Arminger at Cap Star Lending.
[02:28.600 --> 02:31.640] Dorothy can walk you through the ins and outs of buying a home.
[02:31.640 --> 02:41.480] Give her a call 512-343-6494 or apply online at calledorothy.com in MLS 216-624.
[02:41.480 --> 02:47.160] Support comes from My Magic Mud, available at Brave New Books or online at mymagicmud.com
[02:47.160 --> 02:51.720] and from Brave New Books, online at bravenewbookstore.com.
[02:51.720 --> 02:56.280] This is the Liberty Beat for Friday, February 28th, 2014.
[02:56.280 --> 03:12.080] Check out the website at thelibertybeat.com.
[03:26.280 --> 03:34.680] Welcome back to Rule of Law Radio, folks.
[03:34.680 --> 03:39.520] We are halfway through this four-hour show and before we left we were talking to Chris
[03:39.520 --> 03:40.520] in Washington.
[03:40.520 --> 03:48.080] Chris, I take it that you're sending your payments to someone different every several
[03:48.080 --> 03:49.840] months.
[03:49.840 --> 03:59.440] This is a change in the mortgage servicer, not necessarily a change in the actual creditor.
[03:59.440 --> 04:06.200] Now, can you give us any more information?
[04:06.200 --> 04:12.800] Question, when did you enter into this mortgage agreement?
[04:12.800 --> 04:15.040] It was in December of 2006.
[04:15.040 --> 04:17.040] Oh, okay.
[04:17.040 --> 04:24.840] So that's on the high side of the bill curve.
[04:24.840 --> 04:32.200] So that probably, the reason I ask that question is if it was like 2010 or 11, they got a lot
[04:32.200 --> 04:37.280] more careful of what they did with the notes that they received.
[04:37.280 --> 04:43.360] If it's 2006, then they probably negotiated the beneficial interest and that's in Joe's
[04:43.360 --> 04:44.360] area.
[04:44.360 --> 04:45.360] Correct.
[04:45.360 --> 04:51.680] Right, and so I've been to the county records twice and I've looked at my file.
[04:51.680 --> 04:54.040] There's absolutely nothing in the other records.
[04:54.040 --> 04:59.000] You're not going to find anything, Chris, because nothing is filed until you've gone
[04:59.000 --> 05:00.800] into default.
[05:00.800 --> 05:02.920] Right.
[05:02.920 --> 05:05.200] They just don't operate like that.
[05:05.200 --> 05:11.760] Okay, let's back up.
[05:11.760 --> 05:12.760] Yeah, back up.
[05:12.760 --> 05:16.400] Is Merge included in your deed of trust?
[05:16.400 --> 05:17.400] Yes.
[05:17.400 --> 05:18.400] Okay.
[05:18.400 --> 05:22.800] And JP Morgan Chase is the original lender?
[05:22.800 --> 05:23.800] No.
[05:23.800 --> 05:29.120] RMC Vanguard Mortgage Corporation is the lender on the deed of trust.
[05:29.120 --> 05:30.120] Okay.
[05:30.120 --> 05:32.960] Is Orensen Vanguard still in business?
[05:32.960 --> 05:36.960] RMC Vanguard is still in business as far as I understand.
[05:36.960 --> 05:41.240] I haven't looked them up recently, but they're out of Houston, Texas tonight.
[05:41.240 --> 05:42.240] Yeah.
[05:42.240 --> 05:43.240] I believe they are.
[05:43.240 --> 05:44.240] Look them up.
[05:44.240 --> 05:45.240] Yeah, look them up.
[05:45.240 --> 05:48.800] That's really important if they're still in business, but if this is Orensen Vanguard,
[05:48.800 --> 05:49.840] I've never heard of them.
[05:49.840 --> 05:56.640] That probably means they're a relatively small mortgage company and they're almost certainly
[05:56.640 --> 06:05.600] a mortgage company set up by the banks so that they could generate these loans and then
[06:05.600 --> 06:09.520] negotiate the beneficial interest to somebody else.
[06:09.520 --> 06:14.720] Most likely, Orensen Vanguard never owned the beneficial interest in the note in the
[06:14.720 --> 06:18.000] first place.
[06:18.000 --> 06:25.680] They were simply a table-funded lender, so they were simply a broker.
[06:25.680 --> 06:33.040] They took their license and lent it to somebody else.
[06:33.040 --> 06:43.280] The special purpose vehicle who was the aggregator for the pass-through trust.
[06:43.280 --> 06:46.480] Randy, it's RMC Vanguard.
[06:46.480 --> 06:47.480] They're still in business.
[06:47.480 --> 06:50.480] I just looked them up.
[06:50.480 --> 06:51.480] It's RMCV.com.
[06:51.480 --> 06:52.480] RMCV.com.
[06:52.480 --> 06:53.480] RMC Vanguard.
[06:53.480 --> 06:54.480] Yes.
[06:54.480 --> 06:55.480] They're still in business.
[06:55.480 --> 06:56.480] Yeah.
[06:56.480 --> 06:57.480] I thought they were still in business.
[06:57.480 --> 06:58.480] Yeah.
[06:58.480 --> 07:01.160] Again, you're not going to find anything in public record because, Chris, what they're
[07:01.160 --> 07:08.640] selling, all right, once you sign your documents or enter in a public record, it goes back
[07:08.640 --> 07:09.920] to the lender.
[07:09.920 --> 07:16.880] Within the first 24 to 48 hours, your documents are then scanned into their digital system,
[07:16.880 --> 07:25.480] transferable records are created, and then the beneficial interest pertaining, all right,
[07:25.480 --> 07:30.080] to your documents is what is sold.
[07:30.080 --> 07:38.200] The right to receive future payments off of your payment stream, which was your promise
[07:38.200 --> 07:46.840] to pay, is what is sold, and this happens thousands of times every single day.
[07:46.840 --> 07:56.640] They sell the beneficial interest, so what they're selling is the intangible.
[07:56.640 --> 08:02.400] There is no transactions in the negotiable world of tangible documents.
[08:02.400 --> 08:07.880] In the intangible world, with the e-notes, the e-mortgages, everything is done with the
[08:07.880 --> 08:16.400] push of a button, so with nothing being filed into public record, again, they're not selling
[08:16.400 --> 08:19.520] anything pertaining to the tangible world.
[08:19.520 --> 08:24.360] Everything that is bought and sold pertains to the intangible world.
[08:24.360 --> 08:27.480] They're buying and selling the rights to collect your payments.
[08:27.480 --> 08:30.640] The rights to collect future economic payments.
[08:30.640 --> 08:31.640] Right.
[08:31.640 --> 08:37.560] So is that legal for what my situation is, first of all?
[08:37.560 --> 08:39.160] They can do it all day long.
[08:39.160 --> 08:40.160] Sure.
[08:40.160 --> 08:41.160] It'd be like...
[08:41.160 --> 08:44.680] Now, they've got to give you notice.
[08:44.680 --> 08:48.720] Have you received notice by mail?
[08:48.720 --> 08:50.360] They can sell the intangible all day long.
[08:50.360 --> 08:52.360] I understand that, but if they're...
[08:52.360 --> 08:53.360] Okay.
[08:53.360 --> 08:54.360] Wait, wait, wait, wait.
[08:54.360 --> 08:55.360] I'm sorry.
[08:55.360 --> 08:56.360] Okay.
[08:56.360 --> 08:58.080] I was thinking of selling the servicing rights.
[08:58.080 --> 08:59.080] Servicing rights.
[08:59.080 --> 09:00.080] They can sell the servicing rights.
[09:00.080 --> 09:01.080] Sure.
[09:01.080 --> 09:02.080] Yes, they can sell the servicing rights.
[09:02.080 --> 09:03.760] That's just the right to service.
[09:03.760 --> 09:07.960] If you're supposed to pay somebody different, let's say you've got Wells Fargo, you're sending
[09:07.960 --> 09:14.280] your payments to Wells Fargo today, and then Bank of America steps in and buys the servicing
[09:14.280 --> 09:15.280] rights.
[09:15.280 --> 09:19.520] Now, you're going to be sending your payments to Bank of America instead of Wells Fargo.
[09:19.520 --> 09:28.120] You've got to receive notice that, hey, we just purchased the right to collect this debt
[09:28.120 --> 09:29.720] obligation.
[09:29.720 --> 09:31.280] Send your payments here now.
[09:31.280 --> 09:32.280] Right.
[09:32.280 --> 09:38.200] He needs to do a declaratory suit on the deed of trust.
[09:38.200 --> 09:39.200] All right.
[09:39.200 --> 09:45.780] So we need to find out who are the parties.
[09:45.780 --> 09:49.600] Who wants to come and play in your game?
[09:49.600 --> 09:50.600] All right.
[09:50.600 --> 10:00.080] I mean, it's real interesting because, again, 99.9% of the time nothing is done until a
[10:00.080 --> 10:07.360] party goes into a presumed deficiency of the payment intangible.
[10:07.360 --> 10:14.220] Because the payments that you are making, they've sold the right to collect that payment.
[10:14.220 --> 10:22.720] So while they were supposed to sell your tangible promissory note with the intangible obligation
[10:22.720 --> 10:26.800] attached, all right, that's what they were supposed to do.
[10:26.800 --> 10:33.240] And then once they sell that, all right, then they would release their interest in your
[10:33.240 --> 10:36.680] security instrument being a deed of trust, and they would do it in an assignment from
[10:36.680 --> 10:38.440] party A to party B.
[10:38.440 --> 10:42.880] And then that would be filed, recorded, and indexed in the county recorder's office.
[10:42.880 --> 10:49.040] And then we would have an encumbrance of your deed of trust to that promise to pay, which
[10:49.040 --> 10:53.240] was evidenced by your tangible promissory note.
[10:53.240 --> 10:57.240] That's legal, but that is not the way it is done.
[10:57.240 --> 11:00.600] That's the way it's supposed to be done.
[11:00.600 --> 11:11.680] Okay, Chris, I don't think I know exactly what your question is or what your issue is.
[11:11.680 --> 11:18.640] Well, I guess my question is, do I, I guess one of the things David was talking about
[11:18.640 --> 11:27.120] is he was saying that I should create a trust and have the beneficiary in the trust say
[11:27.120 --> 11:31.560] be myself or my wife or what have you, and then put a lien on the property in the name
[11:31.560 --> 11:32.560] of the trust.
[11:32.560 --> 11:39.480] What are you looking to do, David, or Chris, I'm sorry, what's your goal?
[11:39.480 --> 11:48.620] My goal is to basically, I guess, show that this property, I guess get the quiet title
[11:48.620 --> 11:54.160] on this property to show that, hey, why am I paying money to somebody when they don't
[11:54.160 --> 11:57.080] have standing or interest in my property?
[11:57.080 --> 11:58.080] Okay.
[11:58.080 --> 12:00.080] Did you tune in to the beginning of this show?
[12:00.080 --> 12:02.520] No, I'm sorry, I didn't.
[12:02.520 --> 12:03.520] Okay, that's fine.
[12:03.520 --> 12:04.520] That's fine.
[12:04.520 --> 12:05.520] That's why they're archived.
[12:05.520 --> 12:10.800] What I'm going to recommend is that over the first, at least the first hour of the show,
[12:10.800 --> 12:13.520] we went over quiet title actions.
[12:13.520 --> 12:17.600] It sounds to me, and I don't want to insult your intelligence, but it sounds to me like
[12:17.600 --> 12:23.640] you don't have a really good or well-rounded understanding of what a quiet title action
[12:23.640 --> 12:25.440] is or what it does.
[12:25.440 --> 12:33.160] So I'm going to recommend that you come back to the website here in the next few days,
[12:33.160 --> 12:37.160] next couple of days, and listen to the archive of this show.
[12:37.160 --> 12:38.160] Okay.
[12:38.160 --> 12:43.920] Rather than go through the whole first hour and a half all over again, I want to send
[12:43.920 --> 12:48.920] you back to the archive because we really laid out a lot of good, solid information
[12:48.920 --> 12:49.920] in the first hour.
[12:49.920 --> 12:50.920] Right.
[12:50.920 --> 12:55.560] You need to have an understanding of what you're looking to do, who are the proper parties,
[12:55.560 --> 12:59.240] you know, starting out with a, you know, again.
[12:59.240 --> 13:04.120] The property, obviously, you know, the whole real estate market's crashed in the timeframe
[13:04.120 --> 13:05.920] of when I purchased the property until now.
[13:05.920 --> 13:06.920] So.
[13:06.920 --> 13:07.920] Sure it did.
[13:07.920 --> 13:08.920] I don't know.
[13:08.920 --> 13:12.400] At this point, I've been paying current on my payments throughout.
[13:12.400 --> 13:17.760] Is there any recourse down the road for me because, hey, you know, there's funny business
[13:17.760 --> 13:19.240] going on with the doctor.
[13:19.240 --> 13:20.240] Absolutely.
[13:20.240 --> 13:21.240] Absolutely there is.
[13:21.240 --> 13:26.720] If you are involved in any type of financial transaction and you think there's some kind
[13:26.720 --> 13:32.080] of monkey business going on, you have every right in the world to get to the bottom of
[13:32.080 --> 13:34.920] it and get it either corrected or tossed out.
[13:34.920 --> 13:38.840] If it, you know, if it rises to the occasion of, of, uh, extinguishment.
[13:38.840 --> 13:43.560] File for a statutory action.
[13:43.560 --> 13:49.840] Once we have that, then a determination will be made with the parties.
[13:49.840 --> 13:53.840] There's a procedure kind of to go through to start this.
[13:53.840 --> 14:01.360] Have you secured all of the documents that have been filed with the county recorder since
[14:01.360 --> 14:04.440] you received a warranty deed on the property?
[14:04.440 --> 14:05.440] Absolutely.
[14:05.440 --> 14:06.440] Yes.
[14:06.440 --> 14:07.440] I've done it twice now.
[14:07.440 --> 14:08.440] In fact, just today I did it again.
[14:08.440 --> 14:13.400] It's the same as two years ago when I looked, there's absolutely nothing in there on it.
[14:13.400 --> 14:14.400] Okay.
[14:14.400 --> 14:15.400] Anything.
[14:15.400 --> 14:16.400] That's, that's kind of, that's responsive, but non-responsive.
[14:16.400 --> 14:18.320] You say you've gone and looked.
[14:18.320 --> 14:21.400] Have you actually gotten copies of these, these documents?
[14:21.400 --> 14:22.400] Yes.
[14:22.400 --> 14:23.400] Okay.
[14:23.400 --> 14:27.560] Then we didn't need, then we need to do a chain of title analysis.
[14:27.560 --> 14:28.560] Absolutely.
[14:28.560 --> 14:36.080] And see who is claiming to own an interest of your mortgage loan instrument.
[14:36.080 --> 14:41.040] Mortgage loan instrument consists of two instruments, your negotiable instrument and your security
[14:41.040 --> 14:42.040] instrument.
[14:42.040 --> 14:47.280] Your tangible promissory note, which evidences the debt, which is your promise to pay.
[14:47.280 --> 14:48.280] All right.
[14:48.280 --> 14:50.040] And the security instrument.
[14:50.040 --> 14:54.760] So you've got a tangible promissory note, a tangible security instrument, and the intangible
[14:54.760 --> 15:00.680] payment obligation, which is the right to collect future economic payments.
[15:00.680 --> 15:07.880] So that is why we need to know who is who and when and why and how and where and.
[15:07.880 --> 15:08.880] Okay.
[15:08.880 --> 15:09.880] Yeah.
[15:09.880 --> 15:14.440] First thing you do is look in the documentation and see who is indicated there.
[15:14.440 --> 15:22.320] But we had someone, Chris in Pennsylvania, who put in a request to the insurance carrier
[15:22.320 --> 15:31.080] to see who had been named on the insurance, on the mortgage insurance policy as a beneficiary.
[15:31.080 --> 15:38.040] And that gave him a list of names that wasn't reflected in the county record.
[15:38.040 --> 15:43.480] Now that gives you prima facie evidence that something is amiss here.
[15:43.480 --> 15:50.920] There have been changes in the beneficial interest of this note that have not been filed,
[15:50.920 --> 15:55.000] been noticed to you or filed in the record as required by the real estate settlement
[15:55.000 --> 15:57.080] procedures act.
[15:57.080 --> 16:06.080] And that indicates a violation of covenant 15 and 16 of the deed of trust.
[16:06.080 --> 16:08.680] That'd be, yeah, covenant 16.
[16:08.680 --> 16:12.320] 16 is, uh, 15 is notice.
[16:12.320 --> 16:15.920] That rules of construction and 15 are notices.
[16:15.920 --> 16:20.600] So these goes to, to deed of trust to contract violations.
[16:20.600 --> 16:25.920] Now you, that would give you reasonable probable cause to believe there was a problem.
[16:25.920 --> 16:32.600] If there's nothing there, then go to Joe and get a securities analysis and see if you can
[16:32.600 --> 16:38.920] find that there was evidence that this beneficial interest has been sold and you haven't been
[16:38.920 --> 16:41.180] noticed.
[16:41.180 --> 16:45.320] And that would act as a contractual violation of the security instrument.
[16:45.320 --> 16:48.440] That would give you standing to make a claim.
[16:48.440 --> 16:53.240] And by not doing what they're supposed to do by law places a cloud on your title, which
[16:53.240 --> 16:57.120] would be removed in a quiet title action.
[16:57.120 --> 16:58.120] We're going to break folks.
[16:58.120 --> 17:00.720] We'll be right back.
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[19:05.480 --> 19:13.000] Well, don't let nothing get to you.
[19:13.000 --> 19:16.880] Only the father can deliver you.
[19:16.880 --> 19:20.680] But only bad-minded people hurt you.
[19:20.680 --> 19:24.360] And trust this and get behind.
[19:24.360 --> 19:28.520] Come in, my friend, and all the jacks you'll get.
[19:28.520 --> 19:29.520] Come on.
[19:29.520 --> 19:37.520] Those things that hurt me free, telling you probably I'm dead, calling his name once again,
[19:37.520 --> 19:40.520] every time you know he was dead.
[19:40.520 --> 19:49.520] Those things that hurt me free, telling you probably I'm dead, calling his name once again,
[19:49.520 --> 19:52.520] every time you know he was dead.
[19:52.520 --> 19:54.520] He is my king, man.
[19:54.520 --> 19:55.520] He is everything.
[19:55.520 --> 19:56.520] He is everything to me.
[19:56.520 --> 19:57.520] That's why I call him.
[19:57.520 --> 19:58.520] I touch my knee and I pray to him.
[19:58.520 --> 19:59.520] Because he's the only one who could answer him.
[19:59.520 --> 20:00.520] Being a business is what a king man is saying.
[20:00.520 --> 20:01.520] Mankind, you know, is this leading me?
[20:01.520 --> 20:02.520] Because I'm trusting God.
[20:02.520 --> 20:03.520] I'm praying.
[20:03.520 --> 20:04.520] And we're back on RuleOfLawRadio, folks.
[20:04.520 --> 20:17.520] Sorry to jump out so quick.
[20:17.520 --> 20:21.520] We were talking with Chris in Washington.
[20:21.520 --> 20:32.520] Chris, if you feel that there's something wrong with your mortgage, send me an email
[20:32.520 --> 20:46.280] at steve underscore skidmore, the numeral one, at hotmail.com, and I'll get you in touch
[20:46.280 --> 20:48.520] with guys that'll help you.
[20:48.520 --> 20:49.520] Excellent.
[20:49.520 --> 20:52.520] Okay.
[20:52.520 --> 20:54.520] Yes.
[20:54.520 --> 20:58.520] I appreciate your guys' help.
[20:58.520 --> 20:59.520] Absolutely.
[20:59.520 --> 21:00.520] Yeah.
[21:00.520 --> 21:03.520] I'll let you get the other callers right now.
[21:03.520 --> 21:04.520] We are professionals.
[21:04.520 --> 21:07.520] Don't try this at home.
[21:07.520 --> 21:08.520] So, okay.
[21:08.520 --> 21:11.520] Well, thank you for calling in.
[21:11.520 --> 21:20.520] We're going to go to, if I can scroll back down my call screen things, Ron in California.
[21:20.520 --> 21:26.520] Ron, I understand that you're working on some legislation out there in California.
[21:26.520 --> 21:33.520] Well, you know, I just want to turn down my radio because I've been sitting here listening
[21:33.520 --> 21:34.520] to you guys.
[21:34.520 --> 21:35.520] Okay.
[21:35.520 --> 21:38.520] From California, part of what we do is we're entertaining.
[21:38.520 --> 21:39.520] Yeah.
[21:39.520 --> 21:40.520] Excuse me.
[21:40.520 --> 21:43.520] Ron, you're going to have to get rid of the music in the background, buddy.
[21:43.520 --> 21:46.520] I'm just, you know, I love you, Steve.
[21:46.520 --> 21:47.520] Thank you.
[21:47.520 --> 21:49.520] Let me just get rid of this stuff here.
[21:49.520 --> 21:51.520] Yes, please.
[21:51.520 --> 21:55.520] But that is a great part of our state.
[21:55.520 --> 21:56.520] Okay.
[21:56.520 --> 21:57.520] The most important part.
[21:57.520 --> 22:02.520] And the people in this state are wonderful people.
[22:02.520 --> 22:04.520] We're progressive.
[22:04.520 --> 22:07.520] They can say whatever they want, but we're losing our homes.
[22:07.520 --> 22:11.520] We're losing them more than you are there in Texas.
[22:11.520 --> 22:14.520] That goes without saying, yes.
[22:14.520 --> 22:17.520] California is a hotbed for foreclosures.
[22:17.520 --> 22:23.520] And that's why part of the topic, Ron, was that the actions that are being taken in California,
[22:23.520 --> 22:28.520] they're going for injective relief, all right, above and beyond anything else.
[22:28.520 --> 22:30.520] They're going for quiet title.
[22:30.520 --> 22:31.520] Joe.
[22:31.520 --> 22:35.520] And this is why the whole purpose tonight was to get into the declaratory relief first.
[22:35.520 --> 22:38.520] But I love you guys for what you're doing.
[22:38.520 --> 22:44.520] You're fighting, and you're doing right by these people that are calling in.
[22:44.520 --> 22:46.520] I want you to keep doing it.
[22:46.520 --> 22:52.520] I just called in to support you because there aren't voices out there like you guys.
[22:52.520 --> 22:55.520] And you're out of, what, Austin, Texas?
[22:55.520 --> 22:56.520] Yes, sir.
[22:56.520 --> 22:57.520] Okay.
[22:57.520 --> 22:58.520] Well, you know what?
[22:58.520 --> 23:00.520] We need more people like you.
[23:00.520 --> 23:06.520] I know I have people in Florida, some, and I have people in Pennsylvania, some.
[23:06.520 --> 23:13.520] I've got a few people in New Jersey, a lot of people in New York, a few in Nevada.
[23:13.520 --> 23:18.520] When you say you've got people here, there, and the others, can you be more specific?
[23:18.520 --> 23:21.520] What do you mean by I've got people?
[23:21.520 --> 23:24.520] Well, we're all illegal foreclosure fighters.
[23:24.520 --> 23:27.520] We've been working for at least six years now.
[23:27.520 --> 23:28.520] Gotcha.
[23:28.520 --> 23:30.520] I can figure this mess out.
[23:30.520 --> 23:31.520] Okay.
[23:31.520 --> 23:33.520] We can help you do that.
[23:33.520 --> 23:40.520] And, Ron, I can share this with you is that this is Joe Esquivel with Mortgage Compliance Investigators.
[23:40.520 --> 23:41.520] Yeah.
[23:41.520 --> 23:45.520] I've got work product in 33 different states.
[23:45.520 --> 23:48.520] I've got statutes for all 50 states.
[23:48.520 --> 23:59.520] So, right now, my goal is to educate people, you know, to what is going on, and that's the reason for the show.
[23:59.520 --> 24:05.520] So, with Steve, Ron, and I, or Randy, and I, that's what we're doing.
[24:05.520 --> 24:07.520] I hear you.
[24:07.520 --> 24:09.520] Well, I'm proud of you guys.
[24:09.520 --> 24:11.520] Thank you.
[24:11.520 --> 24:13.520] Did you have a question for us?
[24:13.520 --> 24:16.520] Well, I certainly do.
[24:16.520 --> 24:18.520] Fire away.
[24:18.520 --> 24:21.520] Here it is.
[24:21.520 --> 24:35.520] Did you know that all of the financial crisis in America, all of it, was started by one company called MERS?
[24:35.520 --> 24:37.520] Yes.
[24:37.520 --> 24:39.520] Do you know when MERS got started?
[24:39.520 --> 24:44.520] Mortgage Electronic Registration System is a creation of five major lenders.
[24:44.520 --> 24:52.520] But did you know, Ron, that they actually started this in 1993 with the task force that was headed up by Angelo Mazzillo?
[24:52.520 --> 24:53.520] No.
[24:53.520 --> 24:55.520] I'm going to get one step past that.
[24:55.520 --> 24:56.520] I'm from here.
[24:56.520 --> 24:57.520] Okay.
[24:57.520 --> 25:00.520] Well, if you come to my online training, you will learn all of this.
[25:00.520 --> 25:01.520] Well, wait a minute.
[25:01.520 --> 25:04.520] I'm going to get you a little bit bigger than that.
[25:04.520 --> 25:15.520] It was actually started at the corner of 4th Street and Main Street in Santa Ana, California, right there at First American Title Corporation.
[25:15.520 --> 25:17.520] You can look it up on the stock market.
[25:17.520 --> 25:25.520] They call themselves FAT, First American Financial, on the second floor.
[25:25.520 --> 25:31.520] And they started what was called CoreLogic.
[25:31.520 --> 25:37.520] Look over the whole second floor, the subsidiary of First American Title.
[25:37.520 --> 26:00.520] The first president of MERS, and you can Google this, anybody listening can Google this, was the former president of First American Financial at the corner of Main and 4th Street in Santa Ana, California, which is Orange County, California, which is where I'm from.
[26:00.520 --> 26:03.520] Well, in regard to MERS, I'm going to break in here.
[26:03.520 --> 26:09.520] In regard to MERS, MERS, I view MERS as a red herring.
[26:09.520 --> 26:15.520] What I mean by a red herring is something for you to chase while the real target runs away.
[26:15.520 --> 26:16.520] Finish.
[26:16.520 --> 26:18.520] You're stepping in.
[26:18.520 --> 26:19.520] Let me finish.
[26:19.520 --> 26:20.520] Go ahead.
[26:20.520 --> 26:21.520] That's why it's important.
[26:21.520 --> 26:31.520] I taught real estate law, real estate principles, real estate economics, real estate finance, real estate appraisal.
[26:31.520 --> 26:37.520] I taught those since 1977.
[26:37.520 --> 26:41.520] I graduated from law school in 1978.
[26:41.520 --> 26:47.520] I have a lifetime teaching credential from the State of California Department of Education to teach all of this.
[26:47.520 --> 26:48.520] Okay.
[26:48.520 --> 26:53.520] And I was taught by guess who?
[26:53.520 --> 26:56.520] There's a lot of people out there to guess from.
[26:56.520 --> 27:07.520] I'm telling you, the people that owned my law school, Western State University College of Law, was owned by First American Title.
[27:07.520 --> 27:08.520] That started MERS.
[27:08.520 --> 27:12.520] They wanted me to be one of their employees from 1980.
[27:12.520 --> 27:13.520] Interesting.
[27:13.520 --> 27:19.520] So I'm just telling you, you can go ahead and put that in, guys, because there's probably no one listening right now.
[27:19.520 --> 27:22.520] But they're going to be listening.
[27:22.520 --> 27:25.520] I was one of them.
[27:25.520 --> 27:27.520] Get it, guys?
[27:27.520 --> 27:28.520] I know what happened.
[27:28.520 --> 27:31.520] Well, I'm glad you had a change of heart.
[27:31.520 --> 27:36.520] I had a change of heart back in 85, you know.
[27:36.520 --> 27:41.520] But I couldn't take the hell out of the fray until they started proposing on my house.
[27:41.520 --> 27:43.520] They got my attention.
[27:43.520 --> 27:45.520] Right.
[27:45.520 --> 27:49.520] Well, usually people don't start taking action until their ox has been gored.
[27:49.520 --> 27:53.520] And in most cases, when your ox gets gored, you're getting close to too late.
[27:53.520 --> 27:54.520] Well, it's too late.
[27:54.520 --> 27:56.520] I'm 63.
[27:56.520 --> 27:57.520] You're not too late.
[27:57.520 --> 27:58.520] No.
[27:58.520 --> 27:59.520] But here's what I could do.
[27:59.520 --> 28:01.520] You're not too late at all.
[28:01.520 --> 28:03.520] Here's what I could do to get even.
[28:03.520 --> 28:07.520] I could give you the information that I just said right now.
[28:07.520 --> 28:13.520] And anybody, I challenge anybody in the world to Google this
[28:13.520 --> 28:18.520] and whatever the research they need to do and prove me wrong, because it's true.
[28:18.520 --> 28:21.520] I wouldn't get on this thing and put it in your...
[28:21.520 --> 28:23.520] Well, I wouldn't doubt you in the least.
[28:23.520 --> 28:24.520] I swear.
[28:24.520 --> 28:33.520] But to get back to the red herring issue, there's other ways to achieve remedy
[28:33.520 --> 28:35.520] without chasing murders.
[28:35.520 --> 28:37.520] Wait a minute.
[28:37.520 --> 28:38.520] I'm not done yet.
[28:38.520 --> 28:42.520] So what Moe's did, here was their plan.
[28:42.520 --> 28:43.520] Their plan.
[28:43.520 --> 28:51.520] We have what we call the real estate law, which I taught for the last 37 years
[28:51.520 --> 28:52.520] in the colleges.
[28:52.520 --> 28:53.520] Okay.
[28:53.520 --> 28:54.520] Okay.
[28:54.520 --> 28:55.520] All right.
[28:55.520 --> 28:56.520] If you guys would give me credit for that.
[28:56.520 --> 28:58.520] Sure.
[28:58.520 --> 29:01.520] Literally thousands of people.
[29:01.520 --> 29:07.520] Back in the 80s, I taught the California law enforcement how...
[29:07.520 --> 29:08.520] Okay.
[29:08.520 --> 29:11.520] I've got to get you on point here.
[29:11.520 --> 29:13.520] What is the point?
[29:13.520 --> 29:15.520] Where is your question?
[29:15.520 --> 29:19.520] California law enforcement how to tear apart a real estate investment trust
[29:19.520 --> 29:22.520] and look at it to see where the fraud is.
[29:22.520 --> 29:25.520] And the fraud, that's what I was an expert at.
[29:25.520 --> 29:30.520] I taught law enforcement the fraud, which they're weak and they're not...
[29:30.520 --> 29:32.520] Maybe I've got to get back out there again.
[29:32.520 --> 29:34.520] But what I'm saying to you...
[29:34.520 --> 29:35.520] Okay.
[29:35.520 --> 29:37.520] Ronald, we're going to have to cut you off, buddy.
[29:37.520 --> 29:39.520] We've got a break coming up.
[29:39.520 --> 29:45.520] Folks, 512-646-1984 is the number to dial if you'd like to get on with comment
[29:45.520 --> 29:47.520] or question.
[29:47.520 --> 29:50.520] Where are we at on time?
[29:50.520 --> 29:52.520] Nine seconds.
[29:52.520 --> 29:54.520] Take us out, Randy.
[29:54.520 --> 29:55.520] Okay.
[29:55.520 --> 29:56.520] Throw you under the bus.
[29:56.520 --> 30:01.520] We'll be right back.
[30:01.520 --> 30:03.520] Please scan your next item.
[30:03.520 --> 30:06.520] That annoying mechanical voice from the self-checkout lane
[30:06.520 --> 30:08.520] may soon be silenced for good.
[30:08.520 --> 30:14.520] I'm Dr. Catherine Albrecht and I'll have great news on the death of computerized cashiers next.
[30:14.520 --> 30:16.520] Privacy is under attack.
[30:16.520 --> 30:20.520] When you give up data about yourself, you'll never get it back again.
[30:20.520 --> 30:25.520] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:25.520 --> 30:30.520] So protect your rights, say no to surveillance, and keep your information to yourself.
[30:30.520 --> 30:33.520] Privacy, it's worth hanging onto.
[30:33.520 --> 30:36.520] This public service announcement is brought to you by Startpage.com,
[30:36.520 --> 30:40.520] the private search engine alternative to Google, Yahoo, and Bing.
[30:40.520 --> 30:43.520] Start over with Startpage.
[30:43.520 --> 30:48.520] Apparently, I'm not the only one who hates the self-serve check stands at stores.
[30:48.520 --> 30:52.520] After a decade of trying them, retailers are finally acknowledging studies that say
[30:52.520 --> 30:57.520] shoppers would rather dodge the self-serve lane and head for a human cashier.
[30:57.520 --> 31:02.520] Today, just 16% of grocery store transactions go through self-checkout lanes.
[31:02.520 --> 31:05.520] That's down from a high of 22% three years ago.
[31:05.520 --> 31:09.520] Shoppers say they're more satisfied when they pay people, not cold computers.
[31:09.520 --> 31:15.520] In response, grocery chains like Big Y and Albertsons plan to bag the do-it-yourself option
[31:15.520 --> 31:17.520] and bring back customer service.
[31:17.520 --> 31:18.520] Hooray.
[31:18.520 --> 31:23.520] Now, if only they dump the purchase tracking cards, I mean, membership cards.
[31:23.520 --> 31:31.520] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[31:31.520 --> 31:36.520] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[31:36.520 --> 31:38.520] The government says that fire brought it down.
[31:38.520 --> 31:43.520] However, 1,500 architects and engineers concluded it was a controlled demolition.
[31:43.520 --> 31:46.520] Over 6,000 of my fellow service members have given their lives.
[31:46.520 --> 31:49.520] Thousands of my fellow first responders are dying.
[31:49.520 --> 31:50.520] I'm not a conspiracy theorist.
[31:50.520 --> 31:51.520] I'm a structural engineer.
[31:51.520 --> 31:53.520] I'm a New York City correction officer.
[31:53.520 --> 31:54.520] I'm an Air Force pilot.
[31:54.520 --> 31:55.520] I'm a father who lost his son.
[31:55.520 --> 31:58.520] We're Americans, and we deserve the truth.
[31:58.520 --> 32:02.520] Go to RememberBuilding7.org today.
[32:02.520 --> 32:05.520] Rule of Law Radio is proud to offer the Rule of Law traffic seminar.
[32:05.520 --> 32:08.520] In today's America, we live in an us-against-them society,
[32:08.520 --> 32:10.520] and if we the people are ever going to have a free society,
[32:10.520 --> 32:13.520] then we're going to have to stand and defend our own rights.
[32:13.520 --> 32:16.520] Among those rights are the right to travel freely from place to place,
[32:16.520 --> 32:18.520] the right to act in our own private capacity,
[32:18.520 --> 32:20.520] and most importantly, the right to due process of law.
[32:20.520 --> 32:23.520] Traffic courts afford us the least expensive opportunity to learn
[32:23.520 --> 32:26.520] how to enforce and preserve our rights through due process.
[32:26.520 --> 32:29.520] Former Sheriff's Deputy Eddie Craig, in conjunction with Rule of Law Radio,
[32:29.520 --> 32:32.520] has put together the most comprehensive teaching tool available
[32:32.520 --> 32:34.520] that will help you understand what due process is
[32:34.520 --> 32:36.520] and how to hold courts to the rule of law.
[32:36.520 --> 32:38.520] You can get your own copy of this invaluable material
[32:38.520 --> 32:41.520] by going to ruleoflawradio.com and ordering your copy today.
[32:41.520 --> 32:43.520] By ordering now, you'll receive a copy of Eddie's book,
[32:43.520 --> 32:45.520] The Texas Transportation Code, The Law Versus the Lie,
[32:45.520 --> 32:48.520] video and audio of the original 2009 seminar,
[32:48.520 --> 32:51.520] hundreds of research documents, and other useful resource material.
[32:51.520 --> 32:55.520] Learn how to fight for your rights with the help of this material from ruleoflawradio.com.
[32:55.520 --> 33:12.520] Order your copy today and together we can have a free society we all want and deserve.
[33:12.520 --> 33:32.520] Yeah, yeah, oh
[33:32.520 --> 33:42.520] I won't, oh I won't
[33:42.520 --> 33:50.520] I won't let you pull the wool over my eyes
[33:50.520 --> 33:57.520] I only must refuse your news also coming live
[33:57.520 --> 34:05.520] It seems you like to say but please take some words to the wise
[34:05.520 --> 34:13.520] Please stop trying to pull the wool over my eyes
[34:13.520 --> 34:32.520] I only must refuse your news also coming live
[34:32.520 --> 34:34.520] Welcome back to Rule of Law Radio, folks.
[34:34.520 --> 34:37.520] Joe Esquivel has left the building.
[34:37.520 --> 34:41.520] He's got a very busy, very early day to start tomorrow.
[34:41.520 --> 34:48.520] And we're going to go back very briefly to Ron in California.
[34:48.520 --> 34:51.520] Ron, if you've got something to add, something tangible,
[34:51.520 --> 34:56.520] something that the listeners can use, go ahead and get it off your chest.
[34:56.520 --> 35:00.520] But if you can't, brother, we've got a full deck of callers that we've got to get to.
[35:00.520 --> 35:03.520] All right, I'm going to be succinct.
[35:03.520 --> 35:05.520] Please do.
[35:05.520 --> 35:14.520] Thank you for watching this. We're introducing here in the state of California legislation
[35:14.520 --> 35:20.520] where we're going after the attorneys that own these foreclosure mills.
[35:20.520 --> 35:23.520] And we're going to write legislation.
[35:23.520 --> 35:25.520] I'm doing it now.
[35:25.520 --> 35:31.520] Punishable by imprisonment for every single fraudulent document
[35:31.520 --> 35:35.520] that they placed into the county recorder's records.
[35:35.520 --> 35:38.520] These are these phony assignments.
[35:38.520 --> 35:39.520] Okay. Okay.
[35:39.520 --> 35:42.520] How are you defining the fraudulent document?
[35:42.520 --> 35:43.520] Pardon me?
[35:43.520 --> 35:46.520] How are you defining the fraudulent document?
[35:46.520 --> 35:50.520] Looking at your assignment and at the upper right-hand corner, you'll see a merge number.
[35:50.520 --> 35:52.520] It's an 18-digit number.
[35:52.520 --> 36:00.520] If there's an 18-digit number on your assignment, it is a fraudulent assignment.
[36:00.520 --> 36:04.520] How does that establish it as fraudulent?
[36:04.520 --> 36:06.520] That's just a reference number.
[36:06.520 --> 36:08.520] A list of fraudulent signers.
[36:08.520 --> 36:15.520] By the way, my network will give it to you for free and to any of your listeners for free.
[36:15.520 --> 36:20.520] All they have to do is contact me through you.
[36:20.520 --> 36:26.520] I'll give you after we get off the broadcast an email address.
[36:26.520 --> 36:29.520] We're doing this for free. We do not charge.
[36:29.520 --> 36:38.520] We will publish to anyone the contact list, you know, of all the robo-signers.
[36:38.520 --> 36:45.520] We have about, well, so far 800 vice presidents of what they call Merz Corporation.
[36:45.520 --> 36:46.520] Okay. Okay.
[36:46.520 --> 36:49.520] You're going exactly where I want to go.
[36:49.520 --> 37:00.520] How do you establish that the robo-signer, that the signing by this individual is fraudulent?
[37:00.520 --> 37:10.520] Well, because we spent five years now going directly and trying to contact the various signers.
[37:10.520 --> 37:20.520] And we found that they worked for Burger King and then they were hired, you know, at $7.50 an hour to go ahead
[37:20.520 --> 37:26.520] and become the vice president of Bank of America, Wells Fargo Bank, all these banks.
[37:26.520 --> 37:35.520] And if you recall, anyone that wants to know for sure if Ron McDonald was lying to them, just look up Google Doc.
[37:35.520 --> 37:43.520] No, okay. I'm familiar with robo-signers. And the problem I have is when I go to the court and I say,
[37:43.520 --> 37:49.520] Your Honor, this guy's a robo-signer while his name is flattered all over the Internet.
[37:49.520 --> 37:50.520] The judge is going to say so.
[37:50.520 --> 37:57.520] I agree. So what we do, you know, is we're all learning together. And Joe's taught me a lot.
[37:57.520 --> 38:02.520] You've taught me a lot. You know, I've learned from other people.
[38:02.520 --> 38:08.520] But here's where we are now. We're not calling it robo-signing anymore. We're calling it forgery.
[38:08.520 --> 38:11.520] Okay. How do you establish that?
[38:11.520 --> 38:24.520] And by the way, under California Penal Code, forgery, you know, California Penal Code 115 and California Penal Code 476,
[38:24.520 --> 38:36.520] 115 being forgery, 476 being introducing a present document into a county recorder's office record or a court record,
[38:36.520 --> 38:38.520] punishable for each offense.
[38:38.520 --> 38:43.520] Okay. Hold on. Hold on. How do we establish that it's forgery?
[38:43.520 --> 38:49.520] Well, you bring them into your court hearing. You say, hey, come on, which I did hear.
[38:49.520 --> 38:57.520] Okay. Let me give you a suggestion. One of the things I have people do is if they have a signature on a document
[38:57.520 --> 39:07.520] that's filed in the county record, especially if they're signing fromers, is stop. Stop, will you?
[39:07.520 --> 39:13.520] If they're signing a verification into the court record, then they need you ask the judge, bring them here.
[39:13.520 --> 39:17.520] They can't just do it from 5,000 miles away.
[39:17.520 --> 39:22.520] How do you establish that they don't have authority?
[39:22.520 --> 39:27.520] When a document is filed in the public record, it is...
[39:27.520 --> 39:29.520] And you bring them in to the court case.
[39:29.520 --> 39:34.520] Okay. You're trying to step over me here.
[39:34.520 --> 39:43.520] You can't just bring them in without some type of prima facie.
[39:43.520 --> 39:51.520] And you're just saying generally that this guy's a fraud simply because he signed this document.
[39:51.520 --> 39:56.520] Well, guess what? We just say come in here, you signed it, you brought it into the courtroom,
[39:56.520 --> 39:59.520] it's in the court record, now verify it.
[39:59.520 --> 40:03.520] How are you getting there? Are you getting there through discovery or are you getting there through
[40:03.520 --> 40:06.520] every entry proceedings? How?
[40:06.520 --> 40:08.520] A subpoena.
[40:08.520 --> 40:09.520] Okay.
[40:09.520 --> 40:13.520] No, you don't understand this. There's a problem here.
[40:13.520 --> 40:16.520] You have no prima facie evidence.
[40:16.520 --> 40:19.520] No, he has to appear.
[40:19.520 --> 40:23.520] Not if you can't show reason.
[40:23.520 --> 40:30.520] Okay, let me give you, if you'll stop him here, let me give you an example of how to establish prima facie.
[40:30.520 --> 40:32.520] No, I don't need prima facie.
[40:32.520 --> 40:35.520] Hold your tongue or I'll dump you, right? I'm sorry.
[40:35.520 --> 40:40.520] We don't have time for this kind of argument and this kind of mess.
[40:40.520 --> 40:45.520] Ron, if you never collect your thoughts and find it within yourself,
[40:45.520 --> 40:55.520] to listen to a question or at least take some kind of constructive conversation, call back in,
[40:55.520 --> 40:57.520] but that's not going to happen tonight.
[40:57.520 --> 41:00.520] Let's move on to...
[41:00.520 --> 41:01.520] Hold on, Steve.
[41:01.520 --> 41:03.520] Go ahead.
[41:03.520 --> 41:07.520] There was an important point to be made here.
[41:07.520 --> 41:11.520] You can go to the court and say, well, Your Honor, this guy's a robo-signer.
[41:11.520 --> 41:14.520] Why? His name splattered all over the internet.
[41:14.520 --> 41:16.520] The judge is going to say, okay, so what?
[41:16.520 --> 41:22.520] That does not mean that he did not have authority to sign in this particular instance.
[41:22.520 --> 41:29.520] What evidence do you have to indicate that this person didn't have authority to sign in this instance?
[41:29.520 --> 41:34.520] Also, what I have people do is send a letter to Maersk saying,
[41:34.520 --> 41:38.520] I have this person's name on a document that I have,
[41:38.520 --> 41:47.520] and this person is purporting to be signing as under power of attorney for your company.
[41:47.520 --> 41:53.520] Will you please provide for me evidence of durable power of attorney for this person?
[41:53.520 --> 41:59.520] Every state, I think except California, has a statutory requirement
[41:59.520 --> 42:05.520] that anyone who files a document in the county record who affirms a document
[42:05.520 --> 42:12.520] have evidence of power of attorney in the record to show that they have authority to make that signing.
[42:12.520 --> 42:17.520] So we ask Maersk to send us evidence of power of attorney for this individual.
[42:17.520 --> 42:26.520] We have never got a positive response from Maersk saying that, yeah, this guy has power of attorney for our company.
[42:26.520 --> 42:30.520] Now we go to the court and say, Your Honor, this guy is a robo-signer.
[42:30.520 --> 42:34.520] Why? His name splattered all over the internet.
[42:34.520 --> 42:39.520] So since we had reason to believe that he was a robo-signer
[42:39.520 --> 42:42.520] and did not have power of attorney to sign in this case,
[42:42.520 --> 42:46.520] we checked the county record and didn't find evidence of power of attorney.
[42:46.520 --> 42:50.520] So we sent a letter to Maersk and asked them to verify that this person had power of attorney
[42:50.520 --> 42:56.520] and they failed to respond under TWIL-BUS.
[42:56.520 --> 43:05.520] The individual under the auspices of Maersk made a proactive claim.
[43:05.520 --> 43:10.520] When you challenge that claim, he has a duty to prove up the claim.
[43:10.520 --> 43:15.520] When you have a duty to respond and you don't respond, that's equated as fraud.
[43:15.520 --> 43:22.520] So now we can say we requested evidence of power of attorney and they failed to provide it.
[43:22.520 --> 43:28.520] Therefore, we have reason to believe that this person does not have power of attorney.
[43:28.520 --> 43:34.520] Now we've established prima facie evidence that he actually is a robo-signer.
[43:34.520 --> 43:40.520] And now the onus goes back to Maersk to prove that deciding was valid.
[43:40.520 --> 43:42.520] I hope that makes sense.
[43:42.520 --> 43:46.520] That's where I was trying to get to earlier and I couldn't get past that.
[43:46.520 --> 43:49.520] And I apologize for that kind of difficulty on the air.
[43:49.520 --> 43:51.520] We hate for that kind of thing to happen.
[43:51.520 --> 43:54.520] This is Randy Kelton, Steve Kidmore with the Radio.
[43:54.520 --> 43:57.520] I'll call in number 512-646-1984.
[43:57.520 --> 43:59.520] We'll be right back.
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[44:42.520 --> 44:46.520] Don't forget to like us on Facebook for information on events and our products.
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[46:19.520 --> 46:41.520] Okay, we are back. Randy Kelton, Debra Stevens, Steve Skidmore, Rule of Law Radio,
[46:41.520 --> 46:47.520] and I apologize to the previous caller. I didn't mean to cut him off or be difficult.
[46:47.520 --> 46:49.520] I did.
[46:49.520 --> 46:57.520] Okay, I don't like to do that. Sometimes we need to get our thinking organized.
[46:57.520 --> 47:06.520] A lot of times we have guys who are into legal reform and trying to make a difference,
[47:06.520 --> 47:16.520] but they don't always get all their facts together the way they need to be in a coherent and understandable manner.
[47:16.520 --> 47:25.520] And I apologize for the previous caller if we didn't understand what he was trying to present.
[47:25.520 --> 47:33.520] I was trying to make sense of it. But we're going to move ahead. We're going to go to Ray in California.
[47:33.520 --> 47:41.520] Hello, Ray. I appreciate your patience. There we go. You waited last night and we didn't get to you.
[47:41.520 --> 47:43.520] What do you have for us, Ray?
[47:43.520 --> 47:50.520] Hi, Randy. Hi, guys. Great show. I was just calling because I have a legal matter that I need some help with.
[47:50.520 --> 47:56.520] I want to let you guys know I worked as a radio talk show host for an Internet radio station.
[47:56.520 --> 48:02.520] I was a content provider for close to two years. There was a promise of pay,
[48:02.520 --> 48:11.520] but I was only given the gift of a computer from this employer and about $200 as the only form of payment received.
[48:11.520 --> 48:15.520] Now, I have documentation that the computer was a gift.
[48:15.520 --> 48:23.520] And when I left his station, because I wasn't being paid, the owner started harassing me for the computer,
[48:23.520 --> 48:31.520] to return the computer, which included death threats, blackmail. So I went ahead and I got a…
[48:31.520 --> 48:37.520] Whoa, whoa, whoa. If you're getting death threats from this guy, you need to contact the local law enforcement.
[48:37.520 --> 48:42.520] I did, absolutely. I did. I kept documentation of everything.
[48:42.520 --> 48:48.520] I went and I got a civil restraining order, and the judge put a civil restraining order.
[48:48.520 --> 48:53.520] I have a hearing coming up soon, which I want to ask the judge because it's civil right now.
[48:53.520 --> 48:59.520] I want to ask the judge if they can up it from a civil to a criminal suit because of the death threats.
[48:59.520 --> 49:06.520] Okay. You can't do it in…okay. Is it civil and criminal are two different things altogether?
[49:06.520 --> 49:07.520] Yes.
[49:07.520 --> 49:14.520] Mm-hmm. If you're in a civil suit, never, ever mention criminal.
[49:14.520 --> 49:15.520] Okay.
[49:15.520 --> 49:21.520] You're not allowed to use criminal to gain leverage in a civil action.
[49:21.520 --> 49:22.520] Right.
[49:22.520 --> 49:30.520] The way we suggest, if he did something that's criminal, you have a duty to report that crime,
[49:30.520 --> 49:38.520] and you take that and report it to some magistrate. You are in California and you have to take it to some magistrate,
[49:38.520 --> 49:43.520] file a verified criminal affidavit, and present it to some magistrate.
[49:43.520 --> 49:49.520] Now, I don't know what, you know, the situation between the two of you are,
[49:49.520 --> 49:59.520] but if the guy is making inappropriate comments or taking inappropriate action,
[49:59.520 --> 50:09.520] this is serious business. And, you know, maybe he is getting things out of proportion,
[50:09.520 --> 50:13.520] and you might need to get his attention.
[50:13.520 --> 50:20.520] You know, my daddy, when I was little, he made his living driving a team of mules,
[50:20.520 --> 50:26.520] and he bought a mule from my uncle, and he couldn't get to work.
[50:26.520 --> 50:30.520] So he called my uncle up and said the mule wasn't worth the darn. He couldn't get him to do anything.
[50:30.520 --> 50:35.520] The uncle had told him that the F-trip just mule with care and be nice to it,
[50:35.520 --> 50:37.520] take good care of it, because it's a great mule.
[50:37.520 --> 50:43.520] He came over and he got behind the mule and told him to giddy up and snapped him the reins on him.
[50:43.520 --> 50:45.520] The mule didn't go anywhere.
[50:45.520 --> 50:49.520] The uncle went over and picked up a 2x4 and hit him up behind the ear with it.
[50:49.520 --> 50:53.520] Pitched the 2x4 down and went back, clicked the reins, he just took right off.
[50:53.520 --> 50:57.520] And my father said, well, I thought you said I wasn't supposed to abuse that mule.
[50:57.520 --> 51:04.520] So I wasn't abusing him. I was just getting his attention.
[51:04.520 --> 51:07.520] And you may need to get his attention.
[51:07.520 --> 51:11.520] And, you know, I talk about filing criminal complaints on here all the time,
[51:11.520 --> 51:14.520] but I never want anybody indicted.
[51:14.520 --> 51:18.520] I just want to get their attention.
[51:18.520 --> 51:21.520] I want them to look at the prospect, the possibility.
[51:21.520 --> 51:29.520] When you go to a JP or to a prosecuted attorney and give them a criminal affidavit against this person,
[51:29.520 --> 51:33.520] regardless of whether they pursue it or not, they're going to call this guy and say,
[51:33.520 --> 51:37.520] hey, I got a guy down here trying to get me to arrest you.
[51:37.520 --> 51:41.520] You want to tell me why I shouldn't arrest you?
[51:41.520 --> 51:49.520] Now, it's one thing for you to make threats against him or tell him what you will do or might do or could do.
[51:49.520 --> 51:51.520] It's a whole other animal.
[51:51.520 --> 51:58.520] When he's got somebody he don't know, somebody with a badge and a gun calling him,
[51:58.520 --> 52:05.520] asking him why I shouldn't come out and throw your behind in the who's cow,
[52:05.520 --> 52:09.520] that tends to get their attention.
[52:09.520 --> 52:15.520] And generally, you know, I'd like to pick on public officials, but only to get them to follow law.
[52:15.520 --> 52:21.520] We have individuals with coming to cost purposes.
[52:21.520 --> 52:25.520] We want to handle these things civilly.
[52:25.520 --> 52:31.520] And sometimes people let emotions blind their better judgment.
[52:31.520 --> 52:39.520] And they need to whack up beside the ear with a do before just to get their attention, not to hurt them,
[52:39.520 --> 52:47.520] not do any damage just to get your attention so they realize the potential ramifications.
[52:47.520 --> 52:54.520] But if you do that, never, ever mention the criminal in the civil.
[52:54.520 --> 52:55.520] OK.
[52:55.520 --> 53:03.520] And if the other side mentions the criminal in the civil, you ask for sanctions against him.
[53:03.520 --> 53:09.520] That is absolutely inappropriate. He should never do a thing like that.
[53:09.520 --> 53:11.520] Ask for sanctions against him.
[53:11.520 --> 53:18.520] And what that will do is put him in a position to where he can't negotiate this issue.
[53:18.520 --> 53:26.520] He has the civil issue on the one hand and the criminal on the other, and he can't mix those two together.
[53:26.520 --> 53:31.520] You file criminal charges against him and he can't negotiate with you about that.
[53:31.520 --> 53:35.520] He can't ask you not to do it. He can't explain his side to you.
[53:35.520 --> 53:38.520] He can't do anything.
[53:38.520 --> 53:44.520] One word about it to you, then you file with the court and ask for sanctions against him.
[53:44.520 --> 53:46.520] And this is really about the politics.
[53:46.520 --> 53:55.520] This is not about giving, you know, making more controversy, but about eliminating controversy.
[53:55.520 --> 53:57.520] Does that make sense?
[53:57.520 --> 53:59.520] It does. It definitely does. Thank you, guys.
[53:59.520 --> 54:04.520] I mean, this person just, he's terrorizing, he's harassing.
[54:04.520 --> 54:11.520] And, you know, I wish I was out there in Texas so I could protect myself much better, like you guys do, right?
[54:11.520 --> 54:18.520] Actually, in California, you have some really strong tools.
[54:18.520 --> 54:22.520] In California, you have a better grand jury than we do.
[54:22.520 --> 54:31.520] If you take a complaint to the prosecuting attorney against this guy and the prosecutor doesn't do anything,
[54:31.520 --> 54:37.520] then you go down, you do some little digging and find out where the grand jury meets
[54:37.520 --> 54:44.520] and go down with a sealed set of complaints and find out where the grand jury meets
[54:44.520 --> 54:49.520] and go up to the door and there will be a bailiff standing there.
[54:49.520 --> 54:55.520] And tell the bailiff your name first because you want him asking you questions.
[54:55.520 --> 55:05.520] So you say, my name is Ray, and I instruct the foreman that I have business with the grand jury.
[55:05.520 --> 55:11.520] And the foreman will almost always say, may I tell him the nature of the business?
[55:11.520 --> 55:14.520] Yes, you may. Give him this.
[55:14.520 --> 55:20.520] And what the bailiff will almost certainly do is give those to the prosecuting attorney.
[55:20.520 --> 55:27.520] And when the prosecuting attorney contacts you, you ask the prosecuting attorney if he got that from the grand jury.
[55:27.520 --> 55:30.520] And he's going to tell you that he got it from the bailiff.
[55:30.520 --> 55:38.520] Then you go down and you file criminal charges against the bailiff for secreting those complaints from the grand jury.
[55:38.520 --> 55:48.520] The prosecutor is going to have himself a hissy fit. And this creates a little politics.
[55:48.520 --> 55:55.520] Now, you got this guy down here giving you a hard time and they don't want to bother with this minor stuff.
[55:55.520 --> 55:59.520] But now you got this guy down here giving us a hard time.
[55:59.520 --> 56:09.520] So they go to this guy and say, you better leave this chump alone or we're going to kick your behind every way from Sunday.
[56:09.520 --> 56:15.520] This goes to the golden plumber's rule. You know the plumber's rule, don't you?
[56:15.520 --> 56:20.520] All sewerage flows downhill.
[56:20.520 --> 56:24.520] And the law of crudulence crud sinks to the top.
[56:24.520 --> 56:33.520] Yeah. When you start annoying these people for not going after these guys and you start doing it that way,
[56:33.520 --> 56:37.520] they are not going to know how to deal with it. They're not going to be happy about it.
[56:37.520 --> 56:43.520] And they're going to wind up calling this guy and saying, I don't know what you're doing to this fellow, but you better leave him alone.
[56:43.520 --> 56:48.520] He's causing us a bunch of grief. Cut this crap all out.
[56:48.520 --> 56:57.520] And I assure you, when this guy gets a call from somebody with a pistol, it really, really gets their attention.
[56:57.520 --> 57:05.520] And it can most likely go make this go away without you having any difficulty.
[57:05.520 --> 57:12.520] Because if this guy does something stupid, you know, you're the one that's likely to pay for it.
[57:12.520 --> 57:19.520] I called 911 pretty often, and the last time I called 911 was in Fort Worth from the family court.
[57:19.520 --> 57:24.520] And I had a bailiff yelling at me that I couldn't go into the courtroom.
[57:24.520 --> 57:26.520] And I said, I'm not in the courtroom. I'm outside.
[57:26.520 --> 57:29.520] And he's screaming at me. I told him that.
[57:29.520 --> 57:36.520] Now, I'm talking to the 911 dispatcher and asking him to hold his voice down.
[57:36.520 --> 57:42.520] I'm talking to the dispatcher and he told me to sit down, shut up and hang up that phone.
[57:42.520 --> 57:45.520] I said to the dispatcher, did you hear that?
[57:45.520 --> 57:51.520] He just told me to hung up this phone and this is a 911 call.
[57:51.520 --> 57:57.520] And when he heard that, oops, he realized what he had done.
[57:57.520 --> 58:01.520] And he gathered up his professionalism and all this went away.
[58:01.520 --> 58:10.520] In this case scenario, the bailiff will take your complaint to the grand jury foreman and you're in business.
[58:10.520 --> 58:17.520] And the grand jury will no-bill and it will scare the bejesus out of this guy.
[58:17.520 --> 58:18.520] And then he won't.
[58:18.520 --> 58:21.520] Thank you so much, guys. Appreciate it.
[58:21.520 --> 58:23.520] You're most welcome.
[58:23.520 --> 58:32.520] Okay, this is Brandi Kelton, Steve Skidmore with La Radio, our call in number 512-646-1984.
[58:32.520 --> 58:35.520] Sam, John, Julius, Torrance, we see you there.
[58:35.520 --> 58:40.520] We've got another hour to go. We will try to get through everyone.
[58:40.520 --> 58:43.520] So if you have a question or comment, give us a call.
[58:43.520 --> 58:49.520] 512-646-1984. We'll be right back.
[58:49.520 --> 58:53.520] Would you like to make more definite progress in your walk with God?
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[59:49.520 --> 01:00:02.520] You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:02.520 --> 01:00:09.520] This is the Liberty Beat, your daily source for Liberty news and activist updates, online at thelibertybeat.com.
[01:00:09.520 --> 01:00:14.520] I'm Brian Hagan with your Liberty Beat for Friday, February 28, 2014.
[01:00:14.520 --> 01:00:17.520] Gold opened today at $1,332.
[01:00:17.520 --> 01:00:19.520] Silver opened at $21.35.
[01:00:19.520 --> 01:00:22.520] And Bitcoin is trading at $563.
[01:00:22.520 --> 01:00:27.520] Support for the Liberty Beat comes from the 512 Bitcoin Mini Conference and Launch Party,
[01:00:27.520 --> 01:00:31.520] Sunday, March 9, from 1 until 6 p.m. at Brave New Books.
[01:00:31.520 --> 01:00:35.520] The event features a wallet setup party, a Women in Bitcoin panel,
[01:00:35.520 --> 01:00:39.520] and special guest Cody Wilson of Dean's Distributed and Dark Wallet.
[01:00:39.520 --> 01:00:43.520] That's Sunday, March 9 at Brave New Books in Austin.
[01:00:43.520 --> 01:00:45.520] Support also comes from SovereignBTC.
[01:00:45.520 --> 01:00:51.520] Media, marketing and consulting for the Bitcoin ecosystem, online at sovereignbtc.com.
[01:00:51.520 --> 01:00:59.520] And from Mass Appeal, affordable high quality printing, now accepting Bitcoin, online at massappealinc.com.
[01:00:59.520 --> 01:01:02.520] The Austin City Council voted unanimously yesterday
[01:01:02.520 --> 01:01:05.520] to continue the fluoridation of Austin's water supply.
[01:01:05.520 --> 01:01:08.520] The vote came after 45 minutes of testimony from community leaders,
[01:01:08.520 --> 01:01:13.520] toxicology experts and a mother who stated Austin's water gave her daughter dental fluorosis
[01:01:13.520 --> 01:01:16.520] from her consumption of fluoridated water while pregnant.
[01:01:16.520 --> 01:01:18.520] Despite the pleas to end the practice,
[01:01:18.520 --> 01:01:22.520] the council passed the measure after a motion from Councilwoman Laura Morrison
[01:01:22.520 --> 01:01:24.520] and a second from Councilman Bill Spelman.
[01:01:27.520 --> 01:01:30.520] On Sunday, Central Texas Gun Works and Come and Take at Austin
[01:01:30.520 --> 01:01:36.520] will celebrate Texas Independence Day with an open carry rally featuring music, education and food.
[01:01:36.520 --> 01:01:41.520] Participants are encouraged to bring long guns and pre-1899 black powder revolvers.
[01:01:41.520 --> 01:01:45.520] Central Texas Gun Works will also be unveiling a Bitcoin ATM inside the gun store.
[01:01:45.520 --> 01:01:50.520] Texas Firearms Freedom will hold a training session for those interested in working on constitutional carry
[01:01:50.520 --> 01:01:52.520] through the state legislature.
[01:01:52.520 --> 01:02:01.520] The event begins at 2 p.m. at CTGW off 321 West Bend White Boulevard, Suite 203 in Austin.
[01:02:01.520 --> 01:02:07.520] A government contractor based out of Fort Worth, Texas has been awarded a $145 million contract
[01:02:07.520 --> 01:02:11.520] from the Department of Homeland Security to build security towers along the border.
[01:02:11.520 --> 01:02:16.520] EFW will be tasked with building fixed towers capable of detecting, tracking, identifying
[01:02:16.520 --> 01:02:20.520] and classifying suspicious activity along the Arizona-Mexico border.
[01:02:20.520 --> 01:02:24.520] EFW is expected to begin creating the towers later this year.
[01:02:24.520 --> 01:02:28.520] Support for Liberty Beat comes from Dorothy Arminger at Cap Star Lending.
[01:02:28.520 --> 01:02:31.520] Dorothy can walk you through the ins and outs of buying a home.
[01:02:31.520 --> 01:02:40.520] Give her a call 512-343-6494 or apply online at calledorothy.com in MLS 216-624.
[01:02:40.520 --> 01:02:46.520] Support comes from My Magic Mud, available at Brave New Books or online at mymagicmud.com.
[01:02:46.520 --> 01:02:50.520] And from Brave New Books, online at bravenewbookstore.com.
[01:02:50.520 --> 01:02:55.520] This is the Liberty Beat for Friday, February 28, 2014.
[01:02:55.520 --> 01:03:22.520] Check out the website at thelibertybeat.com.
[01:03:25.520 --> 01:03:34.520] Welcome back to Rule of Law Radio, folks.
[01:03:34.520 --> 01:03:40.520] 512-646-1984 is the number to dial if you'd like to join us in conversation.
[01:03:40.520 --> 01:03:44.520] And over the break, I told Randy I have a burning desire.
[01:03:44.520 --> 01:03:47.520] I've got something I need to get set on the record.
[01:03:47.520 --> 01:03:58.520] If for nothing else but for my own comfort, we had, I had discussed a couple of months ago on air,
[01:03:58.520 --> 01:04:08.520] we discussed issues of notifying insurance carriers and bondholders of grievances, bar grievances.
[01:04:08.520 --> 01:04:16.520] I've done a lot of research in this area since then, and I come to you with my hat in my hand.
[01:04:16.520 --> 01:04:20.520] I've got to set this record straight.
[01:04:20.520 --> 01:04:29.520] I'm going to suggest that if you want to file a bar grievance against a legal professional, by all means, please do.
[01:04:29.520 --> 01:04:33.520] But don't tell anybody about it, and here's why.
[01:04:33.520 --> 01:04:40.520] I have at bare minimum six states in front of me right now.
[01:04:40.520 --> 01:04:46.520] Not six states in front of me. I've got the statutes of six states, rules of six states in front of me.
[01:04:46.520 --> 01:04:55.520] Let me see, just to rattle them off, there's Idaho, Ohio, Alabama, Washington, Delaware, Virginia.
[01:04:55.520 --> 01:04:57.520] Those are just half a dozen.
[01:04:57.520 --> 01:05:05.520] I have found that there are more states that have confidentiality clauses built into their rules than those that do not.
[01:05:05.520 --> 01:05:11.520] Even if you have a state like Texas, they're like a don't ask, don't tell.
[01:05:11.520 --> 01:05:16.520] Florida, they say you can talk all you want to whoever you want about the grievance that you filed.
[01:05:16.520 --> 01:05:26.520] However, the danger behind this is that we all know that when you file a bar grievance against a legal professional,
[01:05:26.520 --> 01:05:29.520] the bar is going to send you back a letter that says,
[01:05:29.520 --> 01:05:36.520] we've looked into your issues and we don't find anything that rises to the occasion of discipline.
[01:05:36.520 --> 01:05:40.520] You get that and the grieved attorney gets that.
[01:05:40.520 --> 01:05:51.520] If you have made public any allegations of wrongdoing and the bar finds that the attorney did no wrong,
[01:05:51.520 --> 01:06:00.520] that letter is the attorney's door to sue you for libel, slander or defamation or all of the above.
[01:06:00.520 --> 01:06:07.520] I'm going to suggest don't put yourself in that position.
[01:06:07.520 --> 01:06:17.520] These confidentiality clauses I found on these state websites, they were in the frequently asked questions sections.
[01:06:17.520 --> 01:06:21.520] When you find something in the facts question, that is to the public.
[01:06:21.520 --> 01:06:27.520] As a matter of fact, one of them said, one of them was in a tab, to the public.
[01:06:27.520 --> 01:06:35.520] So rather than create yourself a new mountain to have to climb over,
[01:06:35.520 --> 01:06:41.520] again, if you're going to file a grievance against a legal professional, by all means, please knock yourself out.
[01:06:41.520 --> 01:06:49.520] As a matter of fact, if you go to pro seforeclosure.wordpress.com,
[01:06:49.520 --> 01:06:59.520] I've got all 50 states rules of professional conduct and bar grievance forms when available.
[01:06:59.520 --> 01:07:05.520] Some states require that you write a letter to them or that you contact them directly and they'll send you one.
[01:07:05.520 --> 01:07:15.520] But whenever that form is available online for download, it's right there on pro seforeclosure.wordpress.com.
[01:07:15.520 --> 01:07:21.520] But with that said, I feel much better and I feel that I've set the record straight.
[01:07:21.520 --> 01:07:23.520] Randy, do you have anything to add?
[01:07:23.520 --> 01:07:27.520] Yes, I do.
[01:07:27.520 --> 01:07:35.520] A lawyer can sue you for anything he wants to.
[01:07:35.520 --> 01:07:45.520] But almost certainly the last thing he's going to sue you for is making accusations against him for unprofessional conduct.
[01:07:45.520 --> 01:07:53.520] Unless the accusations are absolutely fraudulent and scurrilous.
[01:07:53.520 --> 01:08:01.520] I'd never, ever suggest you making a filing a bar grievance that's not based on fact.
[01:08:01.520 --> 01:08:06.520] Fact, you can tell anybody.
[01:08:06.520 --> 01:08:12.520] So long as it's true, you are not subject to slander, libel or anything else.
[01:08:12.520 --> 01:08:19.520] And as to the confidentiality requirement of grievances,
[01:08:19.520 --> 01:08:25.520] those requirements only go to the grievance after it's filed.
[01:08:25.520 --> 01:08:29.520] That's why I set up a bargrievance.net the way I did.
[01:08:29.520 --> 01:08:33.520] It's down now. I'm trying to get it back up.
[01:08:33.520 --> 01:08:42.520] But I set it up so that you go on to the site and create the grievance and it would keep a copy on the site.
[01:08:42.520 --> 01:08:46.520] Make it publicly available.
[01:08:46.520 --> 01:08:54.520] And then you download the copy for yourself and then you sign that and send it.
[01:08:54.520 --> 01:09:01.520] There are states that forbid you to reveal what's in a bargrievance that you have filed.
[01:09:01.520 --> 01:09:12.520] But that confidentiality neither extends to me nor does it extend to you before you file the grievance.
[01:09:12.520 --> 01:09:21.520] But with that said, never, ever lie. You don't have to.
[01:09:21.520 --> 01:09:27.520] I would agree in part and disagree in part.
[01:09:27.520 --> 01:09:32.520] I would agree with never lie.
[01:09:32.520 --> 01:09:35.520] I would disagree with making the grievance publicly known.
[01:09:35.520 --> 01:09:43.520] In the Idaho, for example, gives three reasons for keeping your mouth shut.
[01:09:43.520 --> 01:09:52.520] Now, the third reason is to prevent any unfair publicity with, excuse me,
[01:09:52.520 --> 01:10:01.520] to prevent any unfair publicity about the attorney or grievant if the complaint is found to be without substance.
[01:10:01.520 --> 01:10:04.520] They're always found to be without substance.
[01:10:04.520 --> 01:10:05.520] Of course they are.
[01:10:05.520 --> 01:10:14.520] What I'm going to say, what I'm saying is why create a problem if there's no need to create the problem?
[01:10:14.520 --> 01:10:16.520] You're already you're a pro se.
[01:10:16.520 --> 01:10:18.520] OK, let's set the stage here.
[01:10:18.520 --> 01:10:20.520] You're a pro se litigant.
[01:10:20.520 --> 01:10:22.520] You don't know a whole lot about law.
[01:10:22.520 --> 01:10:32.520] You've already got this mountain called foreclosure that you've got to concentrate and focus on by creating another
[01:10:32.520 --> 01:10:36.520] another mountain that you've got to climb on is distractionary.
[01:10:36.520 --> 01:10:44.520] It takes your mind off of your main focus, which is saving your house, keeping a roof over your head.
[01:10:44.520 --> 01:10:51.520] Why? It doesn't make any sense whatsoever to me to create this other problem, whether they'll sue you or not.
[01:10:51.520 --> 01:10:53.520] Why even go there?
[01:10:53.520 --> 01:10:56.520] Because you're dealing with criminals.
[01:10:56.520 --> 01:10:57.520] That's fine.
[01:10:57.520 --> 01:11:05.520] Because you're dealing with a system that's incredibly heavily weighted against you.
[01:11:05.520 --> 01:11:14.520] I have lawyers removing cases to the federal court and it is absolutely forbidden.
[01:11:14.520 --> 01:11:16.520] They don't care.
[01:11:16.520 --> 01:11:20.520] They're going to remove it to the federal court because they know Judge McBride in Fort Worth.
[01:11:20.520 --> 01:11:29.520] If they remove a state issue to a federal court and it's a pro se litigant, Judge McBride will dismiss that thing
[01:11:29.520 --> 01:11:33.520] with prejudice out of hand, no matter what.
[01:11:33.520 --> 01:11:35.520] Every time.
[01:11:35.520 --> 01:11:37.520] Every single time.
[01:11:37.520 --> 01:11:47.520] So when they remove that thing, I bargreed them and I will tell everybody I bargreed them and they can sue me if they want to.
[01:11:47.520 --> 01:11:55.520] And we'll take this thing to court and we'll show all of this in court and McBride will choke that lawyer.
[01:11:55.520 --> 01:11:57.520] We have to use the tools we have.
[01:11:57.520 --> 01:12:02.520] I understand that, but you're quite a bit more versed in the law than the average Joe.
[01:12:02.520 --> 01:12:11.520] Those who are not as well versed as you or perhaps even I, what I'm suggesting is choose your battles.
[01:12:11.520 --> 01:12:18.520] Choose your battles very carefully and don't create yourself another nightmare if it's needless.
[01:12:18.520 --> 01:12:24.520] In that I agree and I never suggest that you file a groundless bar grievance.
[01:12:24.520 --> 01:12:29.520] I'm saying you can, but it won't make a difference.
[01:12:29.520 --> 01:12:31.520] They're going to do the same thing with it.
[01:12:31.520 --> 01:12:36.520] You said before we're in a free society where you're free to screw yourself if you want to.
[01:12:36.520 --> 01:12:42.520] I'm just saying don't. When I say groundless, I don't mean lie.
[01:12:42.520 --> 01:12:48.520] I could bargrieve a lawyer because he parted his hair on the left.
[01:12:48.520 --> 01:12:53.520] And that may be true, but it's not groundless.
[01:12:53.520 --> 01:12:55.520] I mean, it's groundless. It may be true.
[01:12:55.520 --> 01:12:57.520] It's just groundless.
[01:12:57.520 --> 01:13:03.520] I mean, that's not something they can discipline the lawyer for and they'll say, well, you know, this doesn't rise to the level of misconduct.
[01:13:03.520 --> 01:13:10.520] And the lawyer could sue me for accusing him of partying his hair on the left if he wants to.
[01:13:10.520 --> 01:13:22.520] But if I sue the lawyer for filing a frivolous pleading and he says it wasn't frivolous and I say it was frivolous, that's opinion.
[01:13:22.520 --> 01:13:34.520] And if we don't do something right now, we're so overweighted that we need something to balance the level of playing field.
[01:13:34.520 --> 01:13:43.520] And the one thing they hate more than any other is sunshine on their bad behavior.
[01:13:43.520 --> 01:13:52.520] And you're saying that because there's a possible possibility that they could do something worse, they'd screw you out of everything you got.
[01:13:52.520 --> 01:13:55.520] Don't take any risks. Don't say anything.
[01:13:55.520 --> 01:14:00.520] Don't lift your head up because somebody might look back at you and frown.
[01:14:00.520 --> 01:14:02.520] I'm saying that's inappropriate.
[01:14:02.520 --> 01:14:08.520] Well, my position is that you got to choose your battles and stay focused on the most important thing.
[01:14:08.520 --> 01:14:12.520] The most important thing is keep a roof over your head.
[01:14:12.520 --> 01:14:20.520] Well, how do you do that when the courts totally ignore all law?
[01:14:20.520 --> 01:14:22.520] We just had a woman in Fort Worth.
[01:14:22.520 --> 01:14:31.520] Well, if we don't file frivolous pleadings and we code plead out everything like we discussed in the first three hours, that makes your fight a lot easier.
[01:14:31.520 --> 01:14:34.520] Yeah. Do not file frivolous pleadings.
[01:14:34.520 --> 01:14:40.520] They're going to accuse you of filing frivolous pleadings no matter what you file.
[01:14:40.520 --> 01:14:43.520] We're getting those accusations all the time.
[01:14:43.520 --> 01:14:48.520] And I don't file anything unless it's dead on fact and dead on law.
[01:14:48.520 --> 01:14:56.520] But these are lawyers and truth is not something they're trying to do.
[01:14:56.520 --> 01:14:59.520] They don't care what they claim.
[01:14:59.520 --> 01:15:02.520] They seem to think the judges are ruling their favor no matter what.
[01:15:02.520 --> 01:15:16.520] We just had a judge rehear an issue which she had no authority to hear because when she heard the first issue, I filed a challenge to subject matter jurisdiction.
[01:15:16.520 --> 01:15:21.520] And she refused to read it.
[01:15:21.520 --> 01:15:26.520] I said, Your Honor, are you really going to deny that motion without reading it?
[01:15:26.520 --> 01:15:29.520] I've had three JPs tell me yes, I am.
[01:15:29.520 --> 01:15:33.520] That should put them in prison for a year.
[01:15:33.520 --> 01:15:36.520] That is a criminal act.
[01:15:36.520 --> 01:15:44.520] They do not care because nobody's taking them on.
[01:15:44.520 --> 01:15:46.520] I'm filing criminal charges against her.
[01:15:46.520 --> 01:15:49.520] Yeah, she can come back after me.
[01:15:49.520 --> 01:15:59.520] But if we don't stand up for our rights and use what tools we have available, we're not going to have any.
[01:15:59.520 --> 01:16:09.520] And if we keep letting these lawyers do anything they want to with absolute impurity, they're going to keep doing anything they want to with absolute impurity.
[01:16:09.520 --> 01:16:11.520] You want to sue me?
[01:16:11.520 --> 01:16:13.520] Knock yourself out.
[01:16:13.520 --> 01:16:16.520] We'll see how that works for you.
[01:16:16.520 --> 01:16:19.520] You sue me, I countersue you for malpractice.
[01:16:19.520 --> 01:16:26.520] And that costs you 40 grand right on the front end.
[01:16:26.520 --> 01:16:29.520] I appreciate your position.
[01:16:29.520 --> 01:16:33.520] But I'm helping people fight foreclosure issues.
[01:16:33.520 --> 01:16:40.520] And I'm dealing with courts that just simply don't care what the law is.
[01:16:40.520 --> 01:16:43.520] I didn't mean to take up a full segment on that.
[01:16:43.520 --> 01:16:48.520] That's a good, I haven't had somebody take me on on that issue.
[01:16:48.520 --> 01:16:52.520] You do make a good point.
[01:16:52.520 --> 01:17:00.520] Hang on, Randy Kelton, these kids more, we'll be right back.
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[01:19:24.520 --> 01:19:46.520] If I can't get everything I want If I can't get a range
[01:19:46.520 --> 01:20:07.520] If I can't get everything I need If I can't get a range
[01:20:07.520 --> 01:20:27.520] If I can't get a range If I can't get a range
[01:20:27.520 --> 01:20:34.520] If I can't get a range If I can't get a range
[01:20:34.520 --> 01:20:39.800] great. It's not going to put him out of business, but it'll keep him in front of the, uh, keep him
[01:20:39.800 --> 01:20:45.560] in front of the disciplinary committee for the next five years. But your, your point is well-made
[01:20:47.640 --> 01:20:55.400] and that should keep, make us be careful in making sure we only filed valid bar grievances.
[01:20:55.400 --> 01:21:02.520] And if you go through the bar association standards, you will find way more grievances
[01:21:02.520 --> 01:21:09.000] that you could file than you could ever get to. Oh yeah. But, but I do appreciate that. I need to
[01:21:09.000 --> 01:21:16.600] be taken on. I need to be examined on the stuff I propose because there's always a backside to
[01:21:16.600 --> 01:21:22.600] everything. Well, we've, we've got to choose our battles and choose them wisely. Yeah. In all of
[01:21:22.600 --> 01:21:28.920] the time I've suggested people do this and all of the times they've done it, I've never ever had
[01:21:28.920 --> 01:21:36.280] an attorney attempt to come back at anybody for it. And I don't know that they can,
[01:21:38.920 --> 01:21:47.000] uh, because I see you, if you reveal it, then I see where they might possibly be able to,
[01:21:47.000 --> 01:21:52.440] but if you make it based on bar standards, they're going to have absolutely no grounds.
[01:21:52.440 --> 01:21:57.320] But anyway, let's go on to other people. Yeah, we got to talk about that again next week when
[01:21:57.320 --> 01:22:03.160] I've had time to kind of think about it. Let's go to Sam in North Dakota.
[01:22:04.840 --> 01:22:10.520] I'm here. Hello Sam, what do you got for us? Well, I got some questions. I've heard a lot
[01:22:10.520 --> 01:22:17.880] about land patents. Do they have validity today? Yes, absolutely. They have validity.
[01:22:17.880 --> 01:22:29.240] A land patent is superior title, superior to any deed. Okay. Now hold on. A land patent is not title,
[01:22:30.360 --> 01:22:37.960] but land patent is true ownership. Yes. Yes. But the states sold property to people
[01:22:39.000 --> 01:22:44.280] and until they paid it off, they took a title against the property. It was essentially a
[01:22:44.280 --> 01:22:51.960] lien against it. And with the idea that when it was paid off, the title would be extinguished,
[01:22:53.160 --> 01:23:00.840] but they never extinguished the titles. The land patent was true ownership. Is that right, Steve?
[01:23:00.840 --> 01:23:07.320] Absolutely. Yes. It, a lot of people call it a Lodial title. That is not a Lodial title land
[01:23:07.320 --> 01:23:14.840] patent. Okay. If, if you have, excuse me, give you an example of the difference between the,
[01:23:15.400 --> 01:23:23.240] the advantageous difference between land patent, keep in mind keyword patent, land patent versus
[01:23:23.240 --> 01:23:30.280] ownership interest by deed. If somebody trespasses on your land, now you hit them twice.
[01:23:30.280 --> 01:23:39.560] Once with criminal trespass, once with patent infringement, patent infringement in the other
[01:23:39.560 --> 01:23:49.080] 49 states, other than in all states, excluding Texas. That's a federal issue. Texas, Texas is
[01:23:49.080 --> 01:23:58.840] different in the vein that Texas has its own land archives. That is the general land office, the GLO.
[01:23:58.840 --> 01:24:08.200] That's a state office. The rest of the 49 states operate off of a federal office.
[01:24:10.120 --> 01:24:17.080] And when you have a, a trespass or a violation of patent rights, that's a federal issue.
[01:24:19.080 --> 01:24:26.520] So that's just one of the advantages. Another advantage. I know a man out in West Texas,
[01:24:26.520 --> 01:24:37.400] way out in West Texas, he's 16 miles from Mexico. He has patented his land. He has ownership of the
[01:24:37.400 --> 01:24:47.160] land and land is more than the surface. When you, when you have a land patent, you own everything
[01:24:47.160 --> 01:24:51.800] from the center of the earth, up through your property lines and out to the edge of space.
[01:24:51.800 --> 01:25:01.400] You actually have private airspace. You see the implications behind that.
[01:25:03.560 --> 01:25:10.920] But yes, yes, land patents are there. That is ownership versus ownership interest.
[01:25:12.120 --> 01:25:20.760] If you possess land by, by deed, you don't own it. You only have ownership
[01:25:20.760 --> 01:25:29.000] interest. For example, if you own the land, you're not paying taxes on it.
[01:25:30.280 --> 01:25:37.800] If you have ownership interest, you got to pay some municipality or some taxing authority.
[01:25:37.800 --> 01:25:43.400] Now there are issues behind that. Of course, there's a, a dark side and a light side
[01:25:43.400 --> 01:25:49.000] advantages, disadvantages to everything. If you patent your property, you challenge the,
[01:25:49.000 --> 01:25:56.280] the taxing authority. You get your property removed from the tax rolls. You have in essence
[01:25:56.280 --> 01:26:01.640] created yourself a future problem. If your house catches on fire, you put it out yourself
[01:26:04.600 --> 01:26:10.600] because the part of your taxes pays for the fire department to come, come put your house out.
[01:26:12.920 --> 01:26:17.560] If you have other issues that require some, the response of some municipality,
[01:26:17.560 --> 01:26:25.800] you divest yourself of that. However, that does not restrict you from a private contract
[01:26:25.800 --> 01:26:33.400] with these entities. Now, if you, if you, let's say you did patent your property and
[01:26:33.400 --> 01:26:39.240] it was taken off the tax rolls, you can go to the fire department and say, Hey, I have
[01:26:39.240 --> 01:26:44.680] removed my property from the tax rolls, but in the event of fire, I would like for you
[01:26:44.680 --> 01:26:50.760] guys to respond. They're going to look at you like you got three eyes, but offer them a contract.
[01:26:51.800 --> 01:26:54.760] They're contracted with the city. Why won't they contract with you?
[01:26:59.080 --> 01:27:05.320] That's just a, now I don't have statute. I don't believe there's any statute that covers that.
[01:27:06.600 --> 01:27:13.960] There's no rules, no statute that I found, but yes, there, there are definitely advantages
[01:27:13.960 --> 01:27:19.800] to patenting your property. If there's been a mortgage in the chain of title,
[01:27:19.800 --> 01:27:25.400] is that destroy the patent or not? No, that does not restrict your right to contract.
[01:27:26.520 --> 01:27:33.560] Okay. You can, you can contract with anybody you want. Anybody that'll accept your contract.
[01:27:34.200 --> 01:27:38.760] Okay. Yeah. That in no way restricts you from, from your right to contract.
[01:27:38.760 --> 01:27:45.480] Does foreclosure do away with the patent rights or whatever? Do you lose it when you have a
[01:27:45.480 --> 01:27:53.080] mortgage in a foreclosure? No, but it makes it much more difficult
[01:27:53.080 --> 01:27:58.280] for the foreclosing party to foreclose. It's not impossible because you've contracted.
[01:27:59.560 --> 01:28:03.720] Yeah. That's exactly if the foreclosure is a contract that you entered into
[01:28:03.720 --> 01:28:10.280] and the land patent doesn't negate the contract. Correct. You still owe the money.
[01:28:10.280 --> 01:28:18.440] Yeah. Yes. Until you, until you challenge the, the validity of the debt or the validity of the
[01:28:18.440 --> 01:28:24.680] contract that you're in. And if you found out, let's say you entered into a contract and
[01:28:24.680 --> 01:28:30.920] the other party breached that contract, where's your obligation to make good on that? This,
[01:28:30.920 --> 01:28:37.720] this goes to demure. And when you, when you talk about breach of contract, that goes to default.
[01:28:38.520 --> 01:28:43.160] They're going to, if you fall delinquent on your mortgage, they're going to come in and say,
[01:28:43.160 --> 01:28:48.440] you breached the contract by defaulting on the agreement that we had for you to make monthly
[01:28:48.440 --> 01:28:55.240] payments. Well, if you look to covenant 16 and you see governing law in where it states,
[01:28:55.240 --> 01:28:59.480] this security instrument shall be governed by federal law and the laws of the jurisdiction
[01:28:59.480 --> 01:29:06.040] in where the, in which the property is located, that being state and county laws. And you find,
[01:29:06.040 --> 01:29:12.280] let's say, TILA, RESPA violations, that's federal law. If you find that they haven't filed the
[01:29:13.720 --> 01:29:19.240] required assignments of mortgage in the county records, that's violation of state law.
[01:29:19.240 --> 01:29:26.680] That goes to default. They agreed in covenant 16. Keep in mind, you didn't write this mortgage.
[01:29:26.680 --> 01:29:33.000] You just signed it and created it. They brought it to you. They drafted it and they saw fit to
[01:29:33.000 --> 01:29:41.720] put this, this covenant in there. If they default first, where's your obligation to make any,
[01:29:41.720 --> 01:29:48.600] any further payments? That's demure. Now I hear music in the background. We've got 10,
[01:29:48.600 --> 01:29:53.960] 10 seconds, folks, five, one, two, six, four, six, 1984 is the number to dial. If you'd like to join
[01:29:53.960 --> 01:30:01.000] us, we'll be right back after this. If you saw a neighbor struggling with heavy furniture,
[01:30:01.000 --> 01:30:06.920] would you stop and offer to help? One man did and got a huge surprise. I'm Dr. Catherine Albrecht,
[01:30:06.920 --> 01:30:13.640] back with the tale of the Good Samaritan and the heavy TV next. Privacy is under attack.
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[01:33:03.080 --> 01:33:25.080] You are listening to the Logos Radio Network, logosradionetwork.com.
[01:33:33.080 --> 01:33:58.360] Welcome back to Rural Law Radio, folks. Looks like we've got a half hour left in the show.
[01:33:58.360 --> 01:34:04.120] And Randy and I were speaking with, oh, it looks like he dropped off.
[01:34:06.280 --> 01:34:10.520] I can't remember the name now. There's a gentleman in North Dakota asking about land patents.
[01:34:10.520 --> 01:34:20.920] And yes, the land patent in no way interferes with your right to contract and your mortgage
[01:34:20.920 --> 01:34:29.160] is a contract. So with that, let's go to John in New Jersey. Hello, John, what do you got for us
[01:34:29.160 --> 01:34:34.600] tonight? How are you guys doing tonight? I'm ugly, but my wife keeps letting me in the house and I
[01:34:34.600 --> 01:34:38.520] can't figure out why. I was going to talk about dirty deeds, but I don't want to get on a hot
[01:34:38.520 --> 01:34:42.600] topic tonight with Ken from California, so I won't go through my other questions.
[01:34:42.600 --> 01:34:52.920] But anyway, I want to talk about affidavit. I had an attorney of record who I got a letter from
[01:34:53.480 --> 01:34:58.280] said that they communicated by mail with one of the employees from the mortgage company.
[01:34:58.280 --> 01:35:05.960] Now the employee is saying that she reviewed all the documents of the original note and all the
[01:35:05.960 --> 01:35:13.080] assignments and she confirmed the accuracy. Now she signed the affidavit. Well, it says right here,
[01:35:13.080 --> 01:35:18.520] she personally appeared in front of this notary. Why would she stamp her name instead of signing it?
[01:35:20.120 --> 01:35:30.520] Because she wasn't there. That's a robo notary indication.
[01:35:30.520 --> 01:35:40.280] Yeah. Now, maybe not. Answer me this, have you ever went to a notary and had them notarize
[01:35:40.280 --> 01:35:46.440] a document for you? Yeah, you have to sign in front of them. Did you ever have a notary
[01:35:47.160 --> 01:35:52.600] pick up a stamp and stamp her name on the document? No, but if I'm in front of them,
[01:35:52.600 --> 01:35:56.360] they're asking me to sign my name. If you're in front of that notary, why would you stamp your
[01:35:56.360 --> 01:36:04.040] name though? Yeah. Oh, you're saying that the signatory stamped her name. Well, think about it.
[01:36:04.040 --> 01:36:08.440] This is real easy. I know, but that's what I'm saying. These documents are cracking me up that
[01:36:08.440 --> 01:36:11.720] they're sending me now. Like I'm starting to review them and it don't make sense. I'm saying
[01:36:11.720 --> 01:36:16.280] like if I personally appeared in front of you, why would you stamp your name if you're personally in
[01:36:16.280 --> 01:36:21.080] front of the notary, why would you stamp your name instead of signing it? Because they've got
[01:36:21.080 --> 01:36:27.640] 3000 of them to do in eight hours and it takes too long to write it out. Now the fact is they
[01:36:27.640 --> 01:36:37.480] weren't in front of the notary. Did you send a letter to the notary requesting a copy of the ledger?
[01:36:38.840 --> 01:36:43.720] Not yet. I just got this and I was going through it and I just, and I kind of, and my buddy said,
[01:36:43.720 --> 01:36:47.880] Johnny goes, that's like, we're just looking at it. We just kind of laughing a little bit. And I said,
[01:36:47.880 --> 01:36:52.200] he goes, why would you appear in front of a lady in front of someone and then stamp your name
[01:36:52.200 --> 01:36:58.600] if they're signing it? It just didn't make sense to me. And Steve makes a good point. You know,
[01:36:58.600 --> 01:37:05.000] it might possibly be that, you know, this is their job to go through these documents.
[01:37:06.120 --> 01:37:11.960] And if they're doing this all day, you know, maybe they'll get a stamp so they don't have to
[01:37:11.960 --> 01:37:18.760] keep signing their name every time. That's possible, but I would certainly want to
[01:37:19.720 --> 01:37:27.000] actually see the ledger to see that this would, that they actually signed the ledger
[01:37:29.080 --> 01:37:36.040] instead of stamp their name in the ledger. Because they have to sign the ledger. Right.
[01:37:36.040 --> 01:37:41.240] And we've gotten copies of ledgers where they're stamped in the ledger as well.
[01:37:43.640 --> 01:37:47.720] And one more question I was just going to ask, have you guys heard of the Glassky
[01:37:47.720 --> 01:37:52.040] versus Bank of America in California? That just-
[01:37:52.040 --> 01:37:52.040] No.
[01:37:52.040 --> 01:37:54.040] The Glass what?
[01:37:54.840 --> 01:37:56.840] Glassky versus Bank of America.
[01:37:56.840 --> 01:38:04.040] Oh, Glassky, yes. Oh yeah. Glassky's been splashed all over the internet. I would
[01:38:04.040 --> 01:38:09.240] like to come back to Glassky, but before we do, there's a couple of things I'd like to say about
[01:38:09.240 --> 01:38:17.960] your original topic on affidavits. Did this affidavit say to my personal knowledge or I
[01:38:17.960 --> 01:38:22.680] have personal knowledge, or did it say to the best of my knowledge?
[01:38:22.680 --> 01:38:24.680] It just personally appeared.
[01:38:25.880 --> 01:38:33.160] No, no, no. Okay. Part of an affidavit, there is a requirement that affidavits say to my
[01:38:33.160 --> 01:38:43.960] knowledge, that affidavits be written on firsthand personal knowledge. Now, this is not what we
[01:38:43.960 --> 01:38:52.680] normally see typically in these types of affidavits. What we typically see is somebody
[01:38:52.680 --> 01:39:00.120] making a statement within the body of the affidavit saying to the best of my knowledge.
[01:39:00.120 --> 01:39:11.800] I'll give you something out of Texas case law. In Reagan v. NPOT, a valid verification must be based
[01:39:11.800 --> 01:39:19.880] on personal knowledge. Now, let's go to the next. Let me see. 58 Texas jurisprudence,
[01:39:19.880 --> 01:39:31.640] third pleadings, section 65, 2006, found in Carlin v. Areas. Any qualifying verbiage,
[01:39:31.640 --> 01:39:39.560] such as a statement that the affiant is, quote, to the best of one's personal knowledge,
[01:39:39.560 --> 01:39:53.240] keyword to the best of, end quote, renders the affidavit legally invalid. C. Reagan, 209WI,
[01:39:53.240 --> 01:40:00.440] and a bunch of other stuff. So that tells me to the best of their knowledge is, it's an attempt
[01:40:00.440 --> 01:40:09.880] to escape perjury. Affidavits are supposed to be drafted on firsthand personal knowledge.
[01:40:09.880 --> 01:40:17.160] Another thing here in Texas, the largest, most powerful, most influential foreclosure mill
[01:40:17.160 --> 01:40:22.520] attorneys in the state of Texas are Barrett Daffin, Frappier, Turner, and Engel, located at 15,000
[01:40:22.520 --> 01:40:34.680] Surveyor Boulevard. One of the managing partners, Mr. Engel, when Randy said request a copy of the
[01:40:34.680 --> 01:40:40.120] ledger, all notaries are supposed to keep a ledger of every document that they have verified.
[01:40:40.840 --> 01:40:45.240] And also keep in mind that the verification is just the notary's duty to verify that
[01:40:45.240 --> 01:40:51.320] whoever is signing a document is who they say they are to escape this Linda Green complex.
[01:40:51.320 --> 01:40:59.240] If you'll recollect the 60 minutes show on Linda Green. Now, there's a friend of ours
[01:40:59.240 --> 01:41:09.080] up in the Dallas area who challenged or made a request to see the ledger. Mr. Engel, one of the
[01:41:09.080 --> 01:41:17.560] managing partners, hand delivered a document to the secretary of state's office here in Austin,
[01:41:17.560 --> 01:41:27.800] Texas, in where he said that all this request came through the secretary of state in the form
[01:41:27.800 --> 01:41:34.360] of an open records request. Mr. Engel claimed that all of these open records requests were
[01:41:34.360 --> 01:41:41.080] supposed to come through him because his notary public's worked for Barrett Daffin, Frappier,
[01:41:41.080 --> 01:41:46.840] Turner, and Engel and did not work for the state. Excuse me, I've got issue with this.
[01:41:46.840 --> 01:41:53.080] Number one, notary public is a constitutionally created office. Number two, you are not that
[01:41:53.080 --> 01:41:58.520] constitutionally created office. You are not the secretary of state. So who are you to say
[01:41:58.520 --> 01:42:06.200] who gets what? Your job is to produce it, Mr. Engel. And for the secretary of state to adopt
[01:42:06.200 --> 01:42:14.360] his flawed legal theory would mean that Barrett Daffin, Frappier, Turner, and Engel don't have
[01:42:14.360 --> 01:42:20.360] notary publics. They have notary privates. There's nowhere in the constitution that created
[01:42:20.360 --> 01:42:29.480] that kind of office. I'm done. No, that's good. That's all I got to say about that.
[01:42:30.520 --> 01:42:34.680] Well, I mean, that fills in a lot. But I was just asking what you thought about the Glassky
[01:42:34.680 --> 01:42:48.840] decision. Glassky's strong. Explain, Glassky. Do you want Eddie or me? You. I'm not Eddie.
[01:42:48.840 --> 01:42:54.200] I'm Steve, but you. I mean, Steve, I mean, Steve. That's okay. No, I mean, I think you
[01:42:54.200 --> 01:42:59.320] could probably explain it better than me. But if you read- I bet I couldn't. I haven't read it.
[01:42:59.320 --> 01:43:05.000] I'm aware of it, but I don't know the elements of the case. I'll tell you real quick. It says the
[01:43:05.000 --> 01:43:10.760] entity must own the note. It must own the debt. Further, if such an entity claiming ownership by
[01:43:10.760 --> 01:43:21.160] the way of assignment, that assignment must be valid. Got no argument out of me. What they're
[01:43:21.160 --> 01:43:27.080] trying to say is like within the 90-day rule that, you know, if they didn't do it within 90 days,
[01:43:27.080 --> 01:43:33.080] it could fill a void at its inception. So they're trying to say it's like if you didn't trust,
[01:43:33.080 --> 01:43:37.640] if you didn't put everything in the trust- Or if they didn't file it within the 90 days,
[01:43:38.360 --> 01:43:45.480] then they come to the table with unclean hands. Right. So they can't make the claim. Okay. Hang
[01:43:45.480 --> 01:43:51.800] on. We're about to go to break. We're into Kelton. Steve Skidmore with La Radio. Julius,
[01:43:51.800 --> 01:43:56.600] we'll try to get you there and Terrence, but we're going to, we're running out of time. We'll
[01:43:56.600 --> 01:44:02.280] pick you up on the other side. We'll be right back. You feel tired when talking about important
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[01:46:23.240 --> 01:46:37.240] Welcome back to Rule of Law Radio, folks. We're on our last stretch here. 15 minutes
[01:46:37.240 --> 01:46:44.280] left in the show, and we're talking to John in New Jersey. John, you're not going to get
[01:46:44.280 --> 01:46:51.000] any argument out of me on Glassky. I think Glassky is right on point, and that's why the banks,
[01:46:51.000 --> 01:46:58.760] from what I understand, Glassky, at the first ruling, they wanted it unpublished because they
[01:46:58.760 --> 01:47:03.720] didn't want pro se's and other attorneys getting their hands on this because it's very, very
[01:47:03.720 --> 01:47:13.640] powerful. It ruled completely against the banks on all four corners. It was published, and the
[01:47:13.640 --> 01:47:22.120] banks' attorneys fought to have it unpublished again, but it's out there. So, yes, we can use
[01:47:22.120 --> 01:47:31.480] Glassky as case law. Now, the specific elements of Glassky, you've gone over a couple of them.
[01:47:31.480 --> 01:47:37.800] You'll get no argument out of me. I agree 100% that if somebody's going to take your home,
[01:47:37.800 --> 01:47:42.920] it better be the right somebody, and that somebody had better have good documentation
[01:47:43.560 --> 01:47:50.360] and have the rights to enforce the instruments. Now, that's why I was just, you know, and if a
[01:47:50.360 --> 01:47:53.800] little bit more goes into detail about that they've already been paid once when the loan
[01:47:53.800 --> 01:48:00.040] got securitized, and then when the default FDIC came in, they got paid again, that they're not
[01:48:00.040 --> 01:48:03.240] owed that money, too. It goes a little more to that, that they've already been paid. They're
[01:48:03.240 --> 01:48:08.760] not owed that amount of money. Any more money goes to unjust enrichment.
[01:48:09.480 --> 01:48:12.440] Yeah, so that's what the courts ruled on that, too. But I just thought, I was just thinking what
[01:48:12.440 --> 01:48:17.800] you thought about it. I mean, I think it's a pretty good rule for homeowners. Absolutely.
[01:48:20.840 --> 01:48:27.640] Absolutely. If you have the same elements in your case, by all means cite Glassky.
[01:48:27.640 --> 01:48:33.080] No, I think I do. I have a lot of them going with the assignments being about and stuff,
[01:48:33.080 --> 01:48:36.200] but I just was thinking what you thought about. I think it's, you know, great. I think the courts
[01:48:36.200 --> 01:48:41.800] are starting to turn a little bit, you're saying? Yes, they are. It seems like. Yes, they are.
[01:48:41.800 --> 01:48:46.040] Now, great show tonight. I mean, really, I mean, really good show tonight, so thanks a lot for
[01:48:46.040 --> 01:48:51.240] answering my questions. Thank you. Quite welcome. Take care. Have a good one. See you next weekend.
[01:48:51.240 --> 01:48:57.320] OK, thank you, John. Bye bye. Now we're going to now we're going to go to Mr. Julius.
[01:48:59.560 --> 01:49:07.160] If I can unmute him. There you go. Hello, Mr. Julius, how are you today?
[01:49:08.040 --> 01:49:14.520] Oh, I'm doing quite well. How are you today, Randy? I am good. How's your traffic appeal going?
[01:49:14.520 --> 01:49:22.520] Well, I got a response back from the judge that the judge basically rubber stamped
[01:49:23.400 --> 01:49:29.240] the municipal court's position. I don't even think he read much of my documentation,
[01:49:29.240 --> 01:49:37.240] just took the municipal court's position to deny hearing 15 out of 17 of my issues, claiming that
[01:49:37.240 --> 01:49:45.400] the issues were not raised in my motion for a new trial. But this judge has a little bit of a problem
[01:49:45.400 --> 01:49:54.520] because I raised issues in my appellant brief based upon the transcripts of the trial.
[01:49:55.320 --> 01:50:03.240] The only way really to show judge error, because it had word for word, you know, what the judge did
[01:50:03.240 --> 01:50:12.120] that was erroneous in the trial proceedings. Now, the municipal court delayed these transcripts
[01:50:12.120 --> 01:50:20.520] six months after my motion for a new trial deadline was. So in other words, I couldn't get
[01:50:20.520 --> 01:50:28.200] this information into my motion for a new trial. Therefore, I did a blanket objection to all
[01:50:28.200 --> 01:50:36.200] proceedings. I said, I object to all proceedings of this court in both the pretrial and the trial
[01:50:36.200 --> 01:50:44.200] on the merits. And then of course, I wrote specific certain issues that were core issues that were
[01:50:44.200 --> 01:50:50.200] raised in the motion for new trial that were also raised in the appellant brief that they ignored.
[01:50:50.200 --> 01:50:59.800] But the biggest thing is these transcript issues I put in my appellant brief. The municipal
[01:50:59.800 --> 01:51:08.360] court delayed those transcripts for six months. And then I didn't know appellant court or appeal
[01:51:08.360 --> 01:51:15.720] court procedure that maybe your points at issue have to be exactly the same as your motion for
[01:51:15.720 --> 01:51:24.440] new trial as your appellant brief. I had no idea about that and that that was going to waive any
[01:51:24.440 --> 01:51:32.120] rights on my part. But I did file a document that I plagiarized from you. It's called,
[01:51:33.800 --> 01:51:38.280] I filed it, rights not waived. Do you remember that one, Randy?
[01:51:38.280 --> 01:51:47.000] Yes, I do. No rights to be presumed waived unless waived in court with counsel present
[01:51:47.640 --> 01:51:56.200] after full disclosure free of coercion. So they had to notice me in that document. I
[01:51:56.200 --> 01:52:02.760] noticed the court. You must notice me because I am not learned counsel and you must notice me
[01:52:02.760 --> 01:52:09.240] prior to waiving a right, prior to waiving any rights.
[01:52:10.760 --> 01:52:13.960] I don't care if you're learned counsel or not. You can't waive rights.
[01:52:14.600 --> 01:52:21.080] Nobody else can waive rights for you. Right. And I've been objecting all throughout this appellant
[01:52:21.080 --> 01:52:26.440] proceeding or whatever, whatever. But I sent a blanket objection and I'm going to try to do an
[01:52:26.440 --> 01:52:39.080] amend on a new motion for trial. And I stuck in there. I stated that the appeals judge is now my
[01:52:39.080 --> 01:52:47.080] witness because guess what? I was blind for almost a year going back last year and I'm still going
[01:52:47.080 --> 01:52:51.240] through these proceedings because I had cataract surgery done and now I have better eyesight,
[01:52:51.240 --> 01:52:59.800] great eyesight. So I couldn't see and I filed affidavit of near blindness in both courts
[01:52:59.800 --> 01:53:05.560] and I filed it in the appeals court that I need help to get my transcripts because the court was
[01:53:05.560 --> 01:53:13.480] delaying them. The appeals judge got involved and sent me emails back and forth and corresponded
[01:53:13.480 --> 01:53:20.120] with the municipal court to get my transcripts for my appellant brief. So therefore the appeals
[01:53:20.120 --> 01:53:27.320] judge is now a witness to the fraud that the municipal court is doing on me because
[01:53:28.440 --> 01:53:34.520] they delayed the transcripts and now they're not hearing my issues because they claim that these
[01:53:34.520 --> 01:53:41.160] issues were not in the motion for new trial when they are in fact the actor and the reason
[01:53:41.160 --> 01:53:50.200] for that delay, the municipal court caused the delay in my appellant to get my transcript record
[01:53:50.840 --> 01:53:55.800] into my motion for new trial. But I did put that record into my appellant brief.
[01:53:57.880 --> 01:54:02.520] Okay. What's your remedy here?
[01:54:02.520 --> 01:54:11.480] What is my remedy? I don't know. I don't know. I'm trying to file a motion for new trial to make it
[01:54:11.480 --> 01:54:17.560] known that I had no opportunity to get this information. I'm thinking habeas.
[01:54:18.840 --> 01:54:26.200] Okay, habeas. Okay, good. Yeah, I was thinking about a writ of mandamus but habeas.
[01:54:26.200 --> 01:54:34.760] I think habeas is more appropriate here. Okay, habeas. Good. A writ of mandamus and a writ of
[01:54:34.760 --> 01:54:40.680] habeas are, they look almost exactly the same except what they ask for. In this case you're
[01:54:40.680 --> 01:54:51.000] being restricted at your liberty and because of this trial issue and this would go more to habeas.
[01:54:51.000 --> 01:55:00.120] Okay. You can do habeas to secure production. Okay. And if they're denying you due process by
[01:55:00.120 --> 01:55:06.600] not providing you transcripts and that's denying you in your ability to do an effective appeal,
[01:55:06.600 --> 01:55:14.680] that would go to habeas. Great. That's really good. So should I just, I kind of rushed in
[01:55:14.680 --> 01:55:21.080] another new motion for trial but I kind of like, I'm just kind of generalizing a bunch. It wasn't
[01:55:21.080 --> 01:55:28.360] really very well prepared. I was going to blitz another one before the deadline to amend but I
[01:55:28.360 --> 01:55:33.800] figure, you know what? I said, I'm going to call Randy because I think it's about time that I go
[01:55:33.800 --> 01:55:41.800] on the offense at the end and do something to get remedy to pull myself out of their web because
[01:55:41.800 --> 01:55:48.600] basically what they're doing is they're tapping me and trying to knock down my issue. So I'm not
[01:55:48.600 --> 01:55:55.640] just not heard by the court, which is double. Okay. Have you been bar grieving the chump attorneys?
[01:55:56.840 --> 01:56:04.600] No, but I'm going to be, I'm going to just stop in my tracks and get to it. And I've got a bunch
[01:56:04.600 --> 01:56:11.800] of bar grievances and besides which I wanted to use your website and it's not up. No, my website
[01:56:11.800 --> 01:56:21.080] is down. The guy who wrote it did it in XML and I can't write in XML and he set up a server in
[01:56:21.080 --> 01:56:28.040] Iceland and it sent me a notice that I had to pay for the year service and I couldn't get into it.
[01:56:28.040 --> 01:56:35.000] And I haven't gotten a hold of him to try to get this thing back up. That was my bad. I've got too
[01:56:35.000 --> 01:56:39.960] many things I'm trying to do all at once. Oh, that's all right. But I'd like to get on board
[01:56:39.960 --> 01:56:47.000] with that as soon as possible. Maybe I got to work on this habeas first and get that going. I like
[01:56:47.000 --> 01:56:56.200] that idea. Yeah. Do some research on habeas for discovery. Okay. Habeas for discovery.
[01:56:56.200 --> 01:57:02.360] Okay. Habeas for discovery. Now I'm sure that in the interim, they want me now, they sent me a demand
[01:57:02.360 --> 01:57:08.200] letter to pay the fines and I'm not going to pay them. Or can, or do I have to, I know they're
[01:57:08.200 --> 01:57:12.920] going to send a warrant out for my arrest if I don't pay the fine. That's how they operate.
[01:57:13.640 --> 01:57:21.240] Yeah. So maybe I can have this habeas ready by that time. It might take them about a month
[01:57:21.240 --> 01:57:27.320] before they actually, they'll do a, they'll issue a warrant warning notice and then they'll issue
[01:57:27.320 --> 01:57:34.360] the warrant. But in the meantime, I can get this habeas done and I should just forget about
[01:57:34.360 --> 01:57:39.160] trying to amend my motion for new trial, right? Maybe I should just go to the habeas.
[01:57:39.160 --> 01:57:43.720] I'm not, I don't know. I don't know enough about how that's structured to be able to,
[01:57:43.720 --> 01:57:50.520] to really give you any idea of what to do on that. I'd have to see it to know.
[01:57:51.480 --> 01:57:54.760] Does Texas have, does Texas have false arrest statutes?
[01:57:55.960 --> 01:58:01.720] No, but they do have a cause of action for false imprisonment. Oh wait, I'm sorry. Yes,
[01:58:01.720 --> 01:58:05.640] they do have a false arrest statute. Okay. It's called kidnapping.
[01:58:05.640 --> 01:58:13.320] Aggravated. Yeah. That's, that's the statute for false arrest. Okay. It's kidnapping.
[01:58:15.320 --> 01:58:21.080] Right. Okay. Julius, we are out of time, but have fun with the habeas. That'd be,
[01:58:21.080 --> 01:58:29.400] that ought to be a lot of fun. Okay. This is, this is Randy Kelton, Steve Skidmore with our radio.
[01:58:29.400 --> 01:58:36.040] Thank you all for listening. We'll be back next Thursday, eight o'clock central with Deborah and
[01:58:36.040 --> 01:58:43.560] I, and then Steve and I'll be back next Friday for our next four hour info marathon. Sorry we
[01:58:43.560 --> 01:58:49.320] didn't get to Terrence. Sorry Terrence. Thank you all for listening. Good night.
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