ROL_2014-03-07_16k_Hr1-2.timecode

[00:00.000 --> 00:06.880]  U.S. Senator Joe Manchin said this week that he wants Bitcoin to be banned as a currency.
[00:06.880 --> 00:10.440]  I'm Ben Swan with your Truth In Media moment brought to you in part by benswan.com.
[00:10.440 --> 00:15.200]  So the Senator who sits on the Senate Banking Committee sent a letter to Treasury Secretary
[00:15.200 --> 00:20.720]  Jack Lew and to the new Federal Reserve Chairman Janet Yellen, as well as other financial regulators.
[00:20.720 --> 00:25.960]  Now Manchin says, quote, this virtual currency is currently unregulated and has allowed users
[00:25.960 --> 00:30.400]  to participate in illicit activity, while also being highly unstable and disruptive
[00:30.400 --> 00:31.400]  to our economy.
[00:31.400 --> 00:32.400]  End quote.
[00:32.400 --> 00:34.440]  Well, consider for a moment what the Senator is saying.
[00:34.440 --> 00:38.320]  First, he points to the Silk Road, the online black market where people were able to purchase
[00:38.320 --> 00:41.040]  illegal drugs using Bitcoin.
[00:41.040 --> 00:44.920]  Manchin says, quote, the site operated for years in supplying drugs and other black
[00:44.920 --> 00:46.400]  market items to criminals.
[00:46.400 --> 00:47.400]  End quote.
[00:47.400 --> 00:50.680]  Well, Manchin has also attacked how volatile Bitcoin has become, pointing to the collapse
[00:50.680 --> 00:52.440]  of Bitcoin exchange Mt.
[00:52.440 --> 00:53.440]  Gox.
[00:53.440 --> 00:55.880]  So where is Manchin's logic really flawed?
[00:55.880 --> 00:59.040]  I'll tell you after this.
[00:59.040 --> 01:02.560]  The destruction of constitutional liberties and endless foreign wars.
[01:02.560 --> 01:07.200]  The voice of the people silenced, while lawmakers simply enrich themselves and the political
[01:07.200 --> 01:08.200]  class.
[01:08.200 --> 01:09.200]  I'm Ben Swan.
[01:09.200 --> 01:10.320]  Is it about left versus right?
[01:10.320 --> 01:13.720]  No, the real fight is liberty versus tyranny.
[01:13.720 --> 01:17.120]  At benswan.com, we are breaking the left-right paradigm.
[01:17.120 --> 01:21.960]  We know that the American two-party system is broken and that to restore American liberty
[01:21.960 --> 01:25.960]  means to restore your rights as an individual.
[01:25.960 --> 01:30.080]  At benswan.com, we cover stories the national media won't touch, from the National Defense
[01:30.080 --> 01:36.240]  Authorization Act to nullification, militarization of police, and crony capitalism.
[01:36.240 --> 01:40.120]  We are not afraid to stand up for the rights of the people.
[01:40.120 --> 01:49.360]  We are the face of new media, benswan.com, where humanity is greater than politics.
[01:49.360 --> 01:53.800]  Even though U.S. Senator Joe Manchin is demanding that the U.S. ban all Bitcoin activity and
[01:53.800 --> 01:57.120]  make it criminal, consider what he's really saying.
[01:57.120 --> 02:01.680]  Manchin says that Bitcoin is used for illicit and illegal activity, and yes, that is true,
[02:01.680 --> 02:02.680]  but so are U.S. dollars.
[02:02.680 --> 02:07.680]  Why is Manchin calling for a ban on the dollar, which is used to buy and sell illegal drugs,
[02:07.680 --> 02:09.720]  to pay for prostitution?
[02:09.720 --> 02:12.920]  More professional hitmen take dollars than Bitcoin, as last I checked.
[02:12.920 --> 02:17.480]  You see, the idea that Bitcoin should be banned because it's used to pay for illegal activity
[02:17.480 --> 02:18.760]  is laughable.
[02:18.760 --> 02:22.920]  The other claim, because it's volatile, well, that's also true, but so was the stock market.
[02:22.920 --> 02:23.920]  So was Wall Street.
[02:23.920 --> 02:26.160]  Did Manchin want to ban stocks after 2008?
[02:26.160 --> 02:30.600]  How about banning home loans, since the housing market was a huge factor in the so-called
[02:30.600 --> 02:31.600]  Great Recession?
[02:31.600 --> 02:36.000]  No, but Senator Joe Manchin, who again sits on the banking committee for the Senate, is
[02:36.000 --> 02:41.200]  really upset about, is that right now the U.S. government doesn't control Bitcoin, nor
[02:41.200 --> 02:47.480]  does the Federal Reserve, nor do large banks, and that is his real objection to Bitcoin.
[02:47.480 --> 02:51.800]  For stories that affect your liberty, you can find me online at benswan.com, where humanity
[02:51.800 --> 03:18.840]  is greater than politics.
[03:51.800 --> 04:18.960]  I am one of your hosts, Steve Skidmore, to my right is Joseph R. Esquivel, and somewhere
[04:18.960 --> 04:28.440]  up in North Texas, North Central Texas, we've got Randy Kelton, tonight we wanted to entertain
[04:28.440 --> 04:39.000]  you with one of our favorite friends, Mortgage Electronic Registration Systems, aka MERS.
[04:39.000 --> 04:46.800]  MERS was brought about by, as best I can tell, five or six of the major banks, and it was
[04:46.800 --> 04:56.680]  brought about to obfuscate or get around all of the filing fees that, keep in mind that
[04:56.680 --> 05:03.400]  any time a mortgage changes hands, that transfer is supposed to be reflected in the county
[05:03.400 --> 05:04.400]  records, is that correct?
[05:04.400 --> 05:05.400]  Correct.
[05:05.400 --> 05:11.880]  Now, since the advent of MERS, they tried to get around that $35 filing fee.
[05:11.880 --> 05:18.800]  There's interest in these things changes several times in a week's time, so $35 a pop, that
[05:18.800 --> 05:23.360]  adds up to a lot of money, I can see them wanting to be a little frugal, but I can also
[05:23.360 --> 05:28.200]  see that there's a need to follow the law, because without doing that, it screws up title
[05:28.200 --> 05:31.400]  to real property, nobody can tell who owns what.
[05:31.400 --> 05:35.840]  If I drove by a house that had a MERS mortgage, and I wanted to make somebody an offer on
[05:35.840 --> 05:41.080]  it, and I went to the public record to find out who I should go to to make an offer, there's
[05:41.080 --> 05:42.080]  no way I can tell.
[05:42.080 --> 05:45.320]  I could call for the rest of my life, and they'd say, well, we don't have an interest
[05:45.320 --> 05:46.320]  in it.
[05:46.320 --> 05:48.280]  Well, we don't have an interest in it.
[05:48.280 --> 05:56.320]  So constitutionally created office, that is our county registrars office, registrar deeds,
[05:56.320 --> 06:03.060]  they have a duty to file real property records, but they don't.
[06:03.060 --> 06:07.480]  And that's where I'm going to hand this over to Joe, because Joe's been doing a lot of
[06:07.480 --> 06:12.120]  research and a lot of in-depth looking into this red herring issue of MERS.
[06:12.120 --> 06:15.280]  Is it a red herring, or is there meat on this bone?
[06:15.280 --> 06:20.440]  Hi, everyone, my name is Joe Esquivel.
[06:20.440 --> 06:26.740]  And first and foremost, I am not an attorney, nothing that I say is to be taken as legal
[06:26.740 --> 06:31.160]  advice or legal opinion, this is my opinion.
[06:31.160 --> 06:36.460]  And these are my views, these do not reflect the views of the radio station or anyone else
[06:36.460 --> 06:39.640]  affiliated with the radio station.
[06:39.640 --> 06:45.240]  It's to be taken with a grain of salt for use at your own discretion.
[06:45.240 --> 06:51.840]  If one should do so to desire to have an attorney to review this information, I would highly
[06:51.840 --> 06:53.920]  suggest it.
[06:53.920 --> 06:56.440]  Now with that being said, let's start, right?
[06:56.440 --> 06:58.480]  What is MERS?
[06:58.480 --> 07:04.560]  Mortgage Electronic Registration Systems, Incorporated, all right?
[07:04.560 --> 07:12.120]  This goes back as early as probably 1993, when Angelo Mazzillo, who was at that time
[07:12.120 --> 07:18.160]  the president and CEO of the Countrywide Funding Corporation, and he was also in charge of
[07:18.160 --> 07:26.080]  the Mortgage Bankers Association, was putting together an interagency technology task force
[07:26.080 --> 07:27.920]  it was called.
[07:27.920 --> 07:35.080]  So this task force was combined of a number of different parties on the steering committee,
[07:35.080 --> 07:36.080]  okay?
[07:36.080 --> 07:42.400]  You had Phyllis Schlesinger, and she was with the Mortgage Bankers Association.
[07:42.400 --> 07:48.240]  You had Daniel McLaughlin, and he was with the Mortgage Bankers Association.
[07:48.240 --> 07:57.680]  We had William Cavelli, at that time he was the executive vice president for Fannie Mae,
[07:57.680 --> 08:00.900]  he was the chief information officer.
[08:00.900 --> 08:08.760]  We had Paul Peterson, who was the senior vice president for Freddie Mac, in charge of servicing.
[08:08.760 --> 08:17.160]  We had Ken Tucker, who was the deputy director of FHA, and he was a representative for FHA.
[08:17.160 --> 08:23.560]  We had Michael Daly, who was the Jenny Mae special assistant, and we had Warren Lasko,
[08:23.560 --> 08:27.160]  who was with the Mortgage Bankers Association.
[08:27.160 --> 08:37.280]  And the purpose of this was to come to some sort of structure in which they could use
[08:37.280 --> 08:52.340]  technology to speed up processes and to allow more money to be made with fewer transactions.
[08:52.340 --> 08:59.600]  In Canada, they use a national registry, and they were attempting to construct something
[08:59.600 --> 09:07.000]  of similar in its nature, but what we have today is something entirely different.
[09:07.000 --> 09:13.400]  MERS deals in the electronic world, okay?
[09:13.400 --> 09:22.000]  MERS does not track paper promissory notes, contrary to what many people out there think.
[09:22.000 --> 09:30.040]  MERS only tracks electronic obligations, e-notes, which are registered on the MERS
[09:30.040 --> 09:31.040]  e-registry.
[09:31.040 --> 09:37.360]  All right, so everything that they do is electronic, all right?
[09:37.360 --> 09:43.440]  So they are limited to electronic notes and not paper notes, all right?
[09:43.440 --> 09:50.640]  So the function of the MERS e-registry, which is a system that electronically tracks transferable
[09:50.640 --> 09:53.160]  words.
[09:53.160 --> 10:04.400]  It's also known as electronic promissory notes that are created, generated, sent, communicated,
[10:04.400 --> 10:08.680]  or stored by electronic means, and this is very important.
[10:08.680 --> 10:11.200]  It's like an electronic library.
[10:11.200 --> 10:12.200]  It is.
[10:12.200 --> 10:13.200]  Sorry, I had my mic down.
[10:13.200 --> 10:16.160]  It's like an electronic library or repository.
[10:16.160 --> 10:22.880]  Now, one of the things is that many people think, well, it's tracking my note.
[10:22.880 --> 10:23.880]  No it doesn't.
[10:23.880 --> 10:27.160]  Okay, now what are e-notes?
[10:27.160 --> 10:35.480]  E-notes are privately labeled secondary electronic obligations, which are called transferable
[10:35.480 --> 10:37.360]  records.
[10:37.360 --> 10:48.000]  And they're governed by 15 U.S.C. 7021, section 3, 22.016, and or possibly by your state's
[10:48.000 --> 10:51.960]  equivalence to UCC 9.105.
[10:51.960 --> 11:00.440]  And this is very important because you need to have an understanding of what exactly a
[11:00.440 --> 11:04.080]  transferable record is, okay?
[11:04.080 --> 11:09.320]  It's an electronic-oriented obligation, okay?
[11:09.320 --> 11:18.920]  It is not a direct obligation of an underlying real property mortgage loan, okay?
[11:18.920 --> 11:27.160]  If we were to go to 15 U.S.C. 7021, section 3, 22.016, and we were to go under transferable
[11:27.160 --> 11:28.760]  records, okay?
[11:28.760 --> 11:37.480]  In section A, it says, in this section, transferable record means an electronic record, that one
[11:37.480 --> 11:44.040]  would be a note under chapter 3 or a document under chapter 7, all right?
[11:44.040 --> 11:45.040]  Again.
[11:45.040 --> 11:51.520]  Chapter 3 and chapter 7 of the same section code?
[11:51.520 --> 11:53.520]  Article 3 is negotiable instruments.
[11:53.520 --> 11:54.520]  UCC.
[11:54.520 --> 11:55.520]  Correct.
[11:55.520 --> 11:56.520]  Gotcha.
[11:56.520 --> 12:03.120]  Again, everyone has a misconception of what an electronic note is.
[12:03.120 --> 12:10.120]  The whole point is that the function of the transferable record is, it's an electronic
[12:10.120 --> 12:19.160]  equivalent, but it is only used in the electronic world of e-mortgages.
[12:19.160 --> 12:30.080]  A transferable record is not a UCC Article 3 or your state's equivalent negotiable instrument.
[12:30.080 --> 12:34.360]  One of the things is that in order to have a negotiable instrument, it must be in writing.
[12:34.360 --> 12:39.440]  This is why we have statute of frauds, and in some states, actually, Steve, we've got
[12:39.440 --> 12:41.320]  more than one.
[12:41.320 --> 12:46.960]  Florida has multiple statute of frauds pertaining to real estate, so this is something that's
[12:46.960 --> 12:49.320]  very, very important.
[12:49.320 --> 12:50.680]  Okay.
[12:50.680 --> 12:57.600]  So when we step back and we start taking a look at electronic notes, electronic mortgages,
[12:57.600 --> 13:00.840]  all right, an e-mortgage.
[13:00.840 --> 13:12.400]  An e-mortgage is a copy of the tangible contract that evidences an alternative means of collection
[13:12.400 --> 13:27.440]  when there is a default on the payment intangible, okay.
[13:27.440 --> 13:34.680]  A default of the payment intangible, all right, the payment intangible is your promise to
[13:34.680 --> 13:37.240]  pay, all right?
[13:37.240 --> 13:45.160]  Your promise to pay, I, John Doe, promise to pay for the next 360 months, all right?
[13:45.160 --> 13:49.360]  That's what they're talking about, all right?
[13:49.360 --> 13:57.400]  So it is not on the tangible, it's on the intangible.
[13:57.400 --> 14:07.200]  The definition of the Mortgage Bankers Association, they were quoted as saying, we define an e-mortgage
[14:07.200 --> 14:17.960]  as, quote, a mortgage where the critical loan documentation at a minimum, the promissory
[14:17.960 --> 14:29.760]  note and preferably also the security instrument and other closing docs are created electronically,
[14:29.760 --> 14:43.840]  stored electronically and stored electronically, aka the paperless mortgage, okay?
[14:43.840 --> 14:57.040]  So one of the things that's interesting is that some of our, the largest purchasers of
[14:57.040 --> 15:04.600]  these e-notes, such as Fannie Mae, Ginnie Mae, Freddie Mac, which are also referred
[15:04.600 --> 15:11.080]  to as GSEs, they have requirements.
[15:11.080 --> 15:17.120]  And when you look at the requirements, it's quite interesting because if you were to go
[15:17.120 --> 15:28.640]  to page 12 of the Freddie Mac e-mortgage guide version 2.0, it states, the servicer-seller
[15:28.640 --> 15:35.920]  must also comply with the applicable purchase documents and make the representations and
[15:35.920 --> 15:43.640]  warranties in this e-mortgage guide, including, without limitation, that any e-note sold to
[15:43.640 --> 15:50.960]  Freddie Mac will be valid and enforceable and that the other electronic records created,
[15:50.960 --> 15:58.800]  provided, signed or otherwise processed using the e-closing system were so created, provided,
[15:58.800 --> 16:06.120]  signed or processed in compliance with applicable state and federal law.
[16:06.120 --> 16:08.600]  And that is very, very powerful.
[16:08.600 --> 16:14.640]  It says, processed in compliance with applicable state and federal law.
[16:14.640 --> 16:26.240]  Well, they're not following all of the laws that pertain to those documents.
[16:26.240 --> 16:33.080]  And that is where the mistakes are being made.
[16:33.080 --> 16:35.800]  They're not following local laws of jurisdiction.
[16:35.800 --> 16:40.400]  Well, that's the sound in the background, folks.
[16:40.400 --> 16:46.960]  So I'm going to encourage you to call in and we will be taking calls in the next couple
[16:46.960 --> 16:50.360]  of breaks.
[16:50.360 --> 16:53.360]  That number to call is 512-646-1984.
[16:53.360 --> 16:56.560]  Sorry to break in there, Joe, but we're about to go to break.
[16:56.560 --> 17:00.720]  We'll be right back on the other side of this message station.
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[18:59.960 --> 19:29.160]  You are listening to the Logos Radio Network, LogosRadioNetwork.com.
[19:30.560 --> 19:39.680]  Welcome back, Rick, excuse me, cut, take two, welcome back to the Rule of Law Radio.
[19:39.680 --> 19:42.760]  If you'd like to call in, please go ahead and call in.
[19:42.760 --> 19:52.000]  That dial is 512-646-1984, I know I said that kind of fast on the way out, but it's 512-646-1984.
[19:52.000 --> 19:56.480]  Looks like we've got four people on the board right now waiting, and to those of you who
[19:56.480 --> 20:02.760]  are waiting, Joe's just about to wrap this up, we might get to you on the other side
[20:02.760 --> 20:05.600]  of the next break, so hold tight, don't go anywhere.
[20:05.600 --> 20:06.600]  Joe?
[20:06.600 --> 20:11.200]  All right, welcome everybody, so I'd like to continue, and I know I'm just throwing
[20:11.200 --> 20:18.520]  a lot at you, it's like drinking water out of a fire hose, but we only have a short time.
[20:18.520 --> 20:20.120]  And this show is archived.
[20:20.120 --> 20:22.160]  So here we go.
[20:22.160 --> 20:27.800]  What I was going through was requirements, the one I just went through prior to the break
[20:27.800 --> 20:33.000]  was actual requirements from Freddie Mac.
[20:33.000 --> 20:41.480]  And in addition to Freddie Mac, Fannie Mae also has requirements for the sellers that
[20:41.480 --> 20:48.340]  sell these electronic notes to them, these intangible payment obligations.
[20:48.340 --> 20:54.800]  If we were to go to page five of the guide to delivering e-mortgages to Fannie Mae, version
[20:54.800 --> 21:03.440]  2.5, paragraph 2.2, initial and periodic assessments.
[21:03.440 --> 21:14.080]  Each lender is responsible for determining that it meets the legal, technological, operational
[21:14.080 --> 21:22.160]  requirements necessary to create valid and enforceable mortgage obligations.
[21:22.160 --> 21:32.600]  And that it otherwise complies with our requirements, which in some cases may be in addition to
[21:32.600 --> 21:36.680]  minimum statutory requirements.
[21:36.680 --> 21:42.880]  Now people right there, the requirements are given.
[21:42.880 --> 21:45.440]  This is what is to be done.
[21:45.440 --> 21:49.640]  The problem is that they are not doing this.
[21:49.640 --> 21:54.340]  And Fannie Mae is not holding their feet to the fire.
[21:54.340 --> 22:03.520]  So when Fannie Mae purchases these obligations, and it says right here, operational requirements
[22:03.520 --> 22:10.340]  necessary to create valid and enforceable mortgage obligations.
[22:10.340 --> 22:16.120]  And that it otherwise complies with our requirements, which in some cases may be in addition to
[22:16.120 --> 22:19.160]  minimum statutory requirements.
[22:19.160 --> 22:23.340]  They're talking about statutory requirements of law, all right?
[22:23.340 --> 22:28.600]  They're talking about local laws of jurisdiction.
[22:28.600 --> 22:36.080]  And nobody is following the law.
[22:36.080 --> 22:44.000]  Are these the manuals for MERS, Freddie Mac, Fannie Mae, are they available to the public?
[22:44.000 --> 22:46.160]  Can you find them online?
[22:46.160 --> 22:47.160]  You could.
[22:47.160 --> 22:48.160]  Okay.
[22:48.160 --> 22:50.160]  You can find them online.
[22:50.160 --> 22:51.160]  Okay.
[22:51.160 --> 22:52.600]  Just checking.
[22:52.600 --> 22:58.640]  Every source that I have, all of the documents, all of the manuals that I have, they are printed
[22:58.640 --> 22:59.640]  out.
[22:59.640 --> 23:04.320]  I've got the Fannie Mae servicing guide, which is I believe 1,362 pages.
[23:04.320 --> 23:06.320]  And I have the document custodian.
[23:06.320 --> 23:08.320]  That's a nice light read.
[23:08.320 --> 23:09.320]  You know, it is.
[23:09.320 --> 23:15.880]  But when you start going through the manuals, like MERS manual requirements, and you start
[23:15.880 --> 23:22.120]  going through Fannie Mae, Freddie Mac, I mean, I've got so many yellow and red tabs on them.
[23:22.120 --> 23:25.320]  So when I open them up, you can see that I see all the pages that are highlighted.
[23:25.320 --> 23:30.420]  And then I create an index, and the index tells me what page this topic is on.
[23:30.420 --> 23:32.560]  And that's how I put together the information.
[23:32.560 --> 23:33.720]  Gotcha.
[23:33.720 --> 23:36.160]  So you're not making this up.
[23:36.160 --> 23:38.000]  You're getting it straight from the horse's mouth.
[23:38.000 --> 23:39.000]  Oh, yeah.
[23:39.000 --> 23:41.320]  That horse is live and kicking.
[23:41.320 --> 23:42.680]  Oh, yeah.
[23:42.680 --> 23:49.400]  So you know, another thing is that edox pertains to personal property.
[23:49.400 --> 23:51.860]  They don't pertain to real property.
[23:51.860 --> 23:58.560]  But you're given the assumption, the presumption, that it pertains to real property.
[23:58.560 --> 23:59.560]  It doesn't.
[23:59.560 --> 24:01.880]  It pertains to personal property.
[24:01.880 --> 24:07.280]  Well, when I signed the papers on this house that I'm in right now, I only signed one set
[24:07.280 --> 24:08.280]  of documents.
[24:08.280 --> 24:13.100]  If somebody made a copy of that and sold that to someone else, what did they sell?
[24:13.100 --> 24:17.680]  They only sold the revenue stream, the payment intangible.
[24:17.680 --> 24:22.680]  They didn't sell the document that I signed that I created that had actual value.
[24:22.680 --> 24:23.680]  Correct.
[24:23.680 --> 24:27.440]  Instead, they stripped the value from it and sold that value to a third party investor.
[24:27.440 --> 24:28.440]  Right.
[24:28.440 --> 24:36.120]  And the way to look at it is, imagine, Steve, you've got a strip mall and this strip mall
[24:36.120 --> 24:39.480]  has 10 stores, all right?
[24:39.480 --> 24:43.320]  You got Papa Murphy's, you've got cleaners, all right?
[24:43.320 --> 24:47.560]  So within these 10 stores, you've got 10 tenants, all right?
[24:47.560 --> 24:49.040]  And they're all paying rent.
[24:49.040 --> 24:50.040]  They're all paying rent.
[24:50.040 --> 24:54.480]  And you've gotten behind in your bills, all right, because of this booming economy that
[24:54.480 --> 24:55.480]  we're in.
[24:55.480 --> 24:56.480]  Yeah, right.
[24:56.480 --> 25:00.880]  And you're just trying to figure, how do I pay my bills?
[25:00.880 --> 25:01.880]  How do I pay my bills?
[25:01.880 --> 25:05.400]  And suddenly at night, you have an epiphany, wait a minute.
[25:05.400 --> 25:07.040]  I can sell the revenue stream.
[25:07.040 --> 25:09.000]  I've got 10 sources of income.
[25:09.000 --> 25:14.480]  I can sell the right to receive future payment obligations, and that's legal.
[25:14.480 --> 25:20.240]  You still own the building, but you're selling the right to receive future payments.
[25:20.240 --> 25:22.800]  And that's what's done.
[25:22.800 --> 25:33.240]  If you were to go to the Linda DiMartini deposition, in where Linda DiMartini states, countrywide
[25:33.240 --> 25:39.240]  purchases beneficial interest, or countrywide sells beneficial interest.
[25:39.240 --> 25:44.360]  Countrywide does not sell notes.
[25:44.360 --> 25:47.840]  They're selling the right to receive payment.
[25:47.840 --> 25:56.160]  This is why it's so funny, because so many times, and I use me as an example, because
[25:56.160 --> 26:00.080]  I've been down this road, all right?
[26:00.080 --> 26:08.200]  When Bank of America comes in, and they're the servicer, and they're claiming to act
[26:08.200 --> 26:12.440]  for the holder of the note, all right?
[26:12.440 --> 26:16.640]  And they're coming in and they're waving this document that purports to be the true and
[26:16.640 --> 26:22.680]  the correct copy of the note, of the original, all right?
[26:22.680 --> 26:24.960]  And they're saying, oh, it's not a copy.
[26:24.960 --> 26:26.800]  I've got the real deal.
[26:26.800 --> 26:30.240]  This is blue ink signature.
[26:30.240 --> 26:31.240]  Where's the promise?
[26:31.240 --> 26:39.960]  Well, the problem is that Bank of America acquired countrywide in February of 08, and
[26:39.960 --> 26:43.680]  actually in 09 is when they actually took over everything.
[26:43.680 --> 26:48.760]  And what Bank of America purchased were the assets, the personal property.
[26:48.760 --> 26:55.440]  They had purchased millions and millions of documents, pieces of paper that at one time
[26:55.440 --> 26:59.520]  evidence the promise to pay.
[26:59.520 --> 27:04.880]  But what had happened, Steve, is that they had sold the promise.
[27:04.880 --> 27:06.680]  So all that paper is worthless.
[27:06.680 --> 27:08.960]  The paper is just paper.
[27:08.960 --> 27:16.080]  So now you've got hundreds of thousands of boxes and underground vaults, underground
[27:16.080 --> 27:21.480]  parking garages that's lined up for thousands of feet, millions of pages just falling all
[27:21.480 --> 27:22.820]  over the place.
[27:22.820 --> 27:27.400]  And somebody is going to pull out a piece of paper, a piece of paper that no longer
[27:27.400 --> 27:33.080]  evidences debt because the debt had been sold.
[27:33.080 --> 27:39.040]  And now with that debt being sold, there is nothing for that security instrument to attach
[27:39.040 --> 27:41.280]  itself to.
[27:41.280 --> 27:46.880]  So when Bank of America says, I've got the original note, I am successor in interest
[27:46.880 --> 27:51.480]  to BAC Home Loan Servicing, formerly known as Countrywide Home Loans.
[27:51.480 --> 27:58.720]  I mean, really, all they've purchased, they have simple possession, not legal possession
[27:58.720 --> 27:59.720]  with rights.
[27:59.720 --> 28:03.480]  No rights have been acquired.
[28:03.480 --> 28:09.240]  So when you understand that EDOC pertained to personal property and real property, it
[28:09.240 --> 28:12.120]  makes a big, big difference.
[28:12.120 --> 28:13.840]  Most people aren't looking at that.
[28:13.840 --> 28:16.280]  Now, how are rights transferred, Joe?
[28:16.280 --> 28:20.960]  The only way that you're going to acquire rights under a negotiable instrument, you
[28:20.960 --> 28:22.580]  need to go to Article 3.
[28:22.580 --> 28:29.520]  There is only one statute in the entire Uniform Commercial Code or your state's equivalent.
[28:29.520 --> 28:30.520]  And that is...
[28:30.520 --> 28:31.520]  3.203?
[28:31.520 --> 28:32.520]  3.203.
[28:32.520 --> 28:33.520]  D is integrated.
[28:33.520 --> 28:34.520]  Or actually, 203D.
[28:34.520 --> 28:35.520]  Yes.
[28:35.520 --> 28:36.520]  3.203.
[28:36.520 --> 28:37.520]  Yes.
[28:37.520 --> 28:44.320]  Or if you are in New York, okay, it's 3.202, 3.
[28:44.320 --> 28:45.320]  Okay.
[28:45.320 --> 28:46.320]  All right.
[28:46.320 --> 28:48.520]  It may take a little research to get to your state.
[28:48.520 --> 28:55.160]  However, again, this is the only statute that one can't acquire rights.
[28:55.160 --> 29:00.480]  If you were to take a look at just the basic differences, okay?
[29:00.480 --> 29:06.200]  Look at MERS registration versus county recording, okay?
[29:06.200 --> 29:14.320]  The MERS system is not a system of legal record, nor replacement for public land records.
[29:14.320 --> 29:18.280]  Mortgages must be recorded in the public land records.
[29:18.280 --> 29:22.120]  Now, look at tracking versus transfer.
[29:22.120 --> 29:25.960]  The MERS system is a tracking system.
[29:25.960 --> 29:29.080]  No interests are transferred on the system.
[29:29.080 --> 29:31.720]  They're only tracked.
[29:31.720 --> 29:37.520]  And this is right out of MERS's PowerPoint presentations, of which I have a number of
[29:37.520 --> 29:38.520]  them.
[29:38.520 --> 29:39.920]  I hear the music in the background.
[29:39.920 --> 29:41.200]  Got a break coming up.
[29:41.200 --> 29:46.600]  We still got some folks on the line, 512-646-1984.
[29:46.600 --> 29:48.880]  We'll start taking calls on the other side of this break.
[29:48.880 --> 29:49.880]  You ready to do that, Joe?
[29:49.880 --> 29:50.880]  We're ready.
[29:50.880 --> 29:51.880]  Okay.
[29:51.880 --> 29:57.480]  Let's call in, get in line, folks, and while we're at break, go by and take advantage of
[29:57.480 --> 29:58.480]  our sponsors.
[29:58.480 --> 29:59.480]  We'll be right back.
[29:59.480 --> 30:00.480]  Let's get physical, physical.
[30:00.480 --> 30:10.480]  Hey, if you exercise even a tenth as much as you should, you can extend your life by
[30:10.480 --> 30:11.480]  years.
[30:11.480 --> 30:16.400]  I'm Dr. Catherine Albrecht, and I'll hike right back with the good news in just a moment.
[30:16.400 --> 30:18.000]  Privacy is under attack.
[30:18.000 --> 30:21.600]  When you give up data about yourself, you'll never get it back again.
[30:21.600 --> 30:26.360]  And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[30:26.360 --> 30:31.400]  So protect your rights, say no to surveillance, and keep your information to yourself.
[30:31.400 --> 30:34.120]  Privacy, it's worth hanging on to.
[30:34.120 --> 30:38.400]  This public service announcement is brought to you by Startpage.com, the private search
[30:38.400 --> 30:41.960]  engine alternative to Google, Yahoo, and Bing.
[30:41.960 --> 30:43.960]  Start over with Startpage.
[30:43.960 --> 30:44.960]  Exercise.
[30:44.960 --> 30:49.800]  We all know we need it, but we don't always take the time to do it.
[30:49.800 --> 30:54.880]  Now new evidence says just 15 measly minutes of physical activity a day can extend your
[30:54.880 --> 30:56.920]  life a lot.
[30:56.920 --> 31:00.960]  Researchers in Taiwan found that an hour and a half of exercise a week extended people's
[31:00.960 --> 31:02.800]  lives by three whole years.
[31:02.800 --> 31:05.160]  That's just 13 minutes a day.
[31:05.160 --> 31:09.840]  The study found that small amounts of daily exercise made people 10% less likely to die
[31:09.840 --> 31:13.800]  of cancer and 14% less likely to die for any reason.
[31:13.800 --> 31:15.800]  So come on, couch potatoes.
[31:15.800 --> 31:19.960]  Read out those Olivia Newton John CDs and let me hear your body talk.
[31:19.960 --> 31:22.040]  Hi, Dr. Catherine Albrecht.
[31:22.040 --> 31:30.800]  More news and information at CatherineAlbrecht.com.
[31:30.800 --> 31:36.160]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[31:36.160 --> 31:38.360]  The government says that fire brought it down.
[31:38.360 --> 31:43.240]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[31:43.240 --> 31:47.320]  Over 6,000 of my fellow service members have given their lives, and thousands of my fellow
[31:47.320 --> 31:48.680]  first responders are dying.
[31:48.680 --> 31:52.480]  I'm not a conspiracy theorist, I'm not a structural engineer, I'm a New York City correction officer,
[31:52.480 --> 31:57.280]  I'm an Air Force pilot, I'm a father who lost his son, we're Americans, and we deserve
[31:57.280 --> 31:58.280]  the truth.
[31:58.280 --> 32:01.280]  Go to RememberBuilding7.org today.
[32:01.280 --> 32:05.200]  Rule of Law Radio is proud to offer the Rule of Law traffic seminar.
[32:05.200 --> 32:09.000]  In today's America, we live in an us-against-them society, and if we the people are ever going
[32:09.000 --> 32:12.800]  to have a free society, then we're going to have to stand and defend our own rights.
[32:12.800 --> 32:16.160]  Among those rights are the right to travel freely from place to place, the right to act
[32:16.160 --> 32:20.200]  in our own private capacity, and most importantly, the right to due process of law.
[32:20.200 --> 32:24.040]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve
[32:24.040 --> 32:25.440]  our rights through due process.
[32:25.440 --> 32:29.400]  Former Sheriff's Deputy Eddie Craig, in conjunction with Rule of Law Radio, has put together the
[32:29.400 --> 32:33.160]  most comprehensive teaching tool available that will help you understand what due process
[32:33.160 --> 32:35.560]  is and how to hold courts to the rule of law.
[32:35.560 --> 32:39.560]  You can get your own copy of this invaluable material by going to RuleOfLawRadio.com and
[32:39.560 --> 32:40.880]  ordering your copy today.
[32:40.880 --> 32:44.240]  By ordering now, you'll receive a copy of Eddie's book, The Texas Transportation Code,
[32:44.240 --> 32:48.640]  The Law Versus the Lie, video and audio of the original 2009 seminar, hundreds of research
[32:48.640 --> 32:50.960]  documents and other useful resource material.
[32:50.960 --> 32:54.160]  Learn how to fight for your rights with the help of this material from RuleOfLawRadio.com.
[32:54.160 --> 33:03.960]  Order your copy today, and together we can have the free society we all want and deserve.
[33:03.960 --> 33:32.520]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[33:32.520 --> 33:37.960]  Welcome back to Rule of Law, 512-646-1984 is the number to dial.
[33:37.960 --> 33:44.000]  Before we go back to Joe, I'd like to talk just a minute about what is offered for your
[33:44.000 --> 33:46.520]  benefit on Rule of Law Radio.
[33:46.520 --> 33:52.680]  There is one thing in particular I'd like to talk about, chainsaws.
[33:52.680 --> 33:57.520]  You won't find a chainsaw for sale, but if you buy a chainsaw, it would be kind of silly
[33:57.520 --> 34:01.240]  to think that you could just go home with this chainsaw, set it in the front yard and
[34:01.240 --> 34:04.200]  expect for trees to magically fall down in front of you, right?
[34:04.200 --> 34:09.240]  You've got to gas this thing up, you've got to read the owner's manual, right?
[34:09.240 --> 34:14.760]  So equate that chainsaw to an attorney because they're both tools.
[34:14.760 --> 34:16.480]  You should look at an attorney like a tool.
[34:16.480 --> 34:19.800]  If you're going to hire an attorney, you've got to know how to operate that tool or you're
[34:19.800 --> 34:21.740]  going to cut your leg off.
[34:21.740 --> 34:25.560]  So you gas it up, that means you've got to pay him.
[34:25.560 --> 34:29.580]  Read the owner's manual, wait a minute, lawyers don't come with the owner's manuals, those
[34:29.580 --> 34:33.760]  are sold separately and around here we call that jurisdictionary.
[34:33.760 --> 34:38.880]  You can go to ruleoflawradio.com and purchase your copy of jurisdictionary, you'll find
[34:38.880 --> 34:44.000]  a banner on the left-hand side of the front page of the website, purchase it right there
[34:44.000 --> 34:45.000]  online.
[34:45.000 --> 34:47.920]  Now, why am I saying this?
[34:47.920 --> 34:54.900]  This is the owner's manual for pro se litigants and attorneys.
[34:54.900 --> 34:59.760]  If you want to know your way around through pleadings, how to write pleadings, how to
[34:59.760 --> 35:06.640]  operate or how to present your case in court, jurisdictionary is indispensable.
[35:06.640 --> 35:09.280]  I can add to that, all right?
[35:09.280 --> 35:15.520]  Now, this is a four disc CD set, right?
[35:15.520 --> 35:22.520]  Now, these instructions I'm going to give you do not come with it, but trust me because
[35:22.520 --> 35:27.240]  I've used it, here is the easiest way to use it.
[35:27.240 --> 35:34.720]  Take CD number one, put it in your CD player, get a cup of tea, get a cup of coffee, a glass
[35:34.720 --> 35:41.920]  of wine and do not do anything but listen to the CD all the way through, do not stop,
[35:41.920 --> 35:42.920]  do not take notes.
[35:42.920 --> 35:45.320]  Turn the TV off, put the kids to bed.
[35:45.320 --> 35:49.880]  Correct, once you get done with the first time, Steve, now you go get your yellow legal
[35:49.880 --> 35:52.860]  pad, you get your binder, all right?
[35:52.860 --> 35:58.320]  And now you take notes, copious amount of notes, all right?
[35:58.320 --> 36:02.200]  You're going to do that for CD number one and then you're going to do that for CD number
[36:02.200 --> 36:03.200]  two.
[36:03.200 --> 36:11.120]  All right, now CD number three, you put into your computer, not your regular like boom
[36:11.120 --> 36:12.520]  box or whatever, right?
[36:12.520 --> 36:19.320]  And you install it because it's got flash software in it and the flash software allows
[36:19.320 --> 36:25.680]  the computer to go through like a webinar, all right, in which everything that was covered
[36:25.680 --> 36:32.280]  in the audios is covered visually and you can see all of the topics.
[36:32.280 --> 36:35.760]  And you can go through this at your own speed and you can redo it again and again and again
[36:35.760 --> 36:36.760]  and again.
[36:36.760 --> 36:42.400]  But what's happening is as you do this, you've listened auditorily, now you're doing visual
[36:42.400 --> 36:43.400]  Steve, all right?
[36:43.400 --> 36:44.400]  It's soaking in.
[36:44.400 --> 36:49.360]  And now CD number four, you're going to install in your computer.
[36:49.360 --> 36:57.320]  This contains all of the templates, pleadings, motion to dismiss, summary judgments, cover
[36:57.320 --> 37:01.160]  sheets, you name it, it's got it.
[37:01.160 --> 37:04.680]  This is a lifesaver.
[37:04.680 --> 37:07.560]  You can build a car from this.
[37:07.560 --> 37:08.560]  A legal car.
[37:08.560 --> 37:09.560]  A legal car.
[37:09.560 --> 37:12.720]  All right, I'll let you finish, sorry to cut you off.
[37:12.720 --> 37:13.720]  I'm done.
[37:13.720 --> 37:14.720]  All right.
[37:14.720 --> 37:15.720]  I was going to say you just added to it.
[37:15.720 --> 37:16.720]  Go back to MERS.
[37:16.720 --> 37:20.080]  Well, I'll tell you what we're going to do.
[37:20.080 --> 37:25.400]  When you look at MERS, again, it's completely different.
[37:25.400 --> 37:29.140]  What MERS says, all right, let's do a little comparison.
[37:29.140 --> 37:34.520]  In the paper world, all right, you've got what's called possession, all right, you can
[37:34.520 --> 37:35.520]  possess it.
[37:35.520 --> 37:40.760]  In the electronic world, they call it control.
[37:40.760 --> 37:48.040]  In the paper world, they say original note, all right, or the wet signature note.
[37:48.040 --> 37:53.040]  In the electronic world, they call it the authoritative copy of eNote.
[37:53.040 --> 37:57.280]  In the paper world, they say investor.
[37:57.280 --> 38:02.280]  In the electronic world, they say controller.
[38:02.280 --> 38:05.800]  In the paper world, they talk about endorsement.
[38:05.800 --> 38:10.240]  In the electronic world, they talk about transfer of control.
[38:10.240 --> 38:14.520]  In the paper world, they talk about holder and due course.
[38:14.520 --> 38:20.800]  In the electronic world, they talk about transferable record audit trail.
[38:20.800 --> 38:31.440]  These are completely different, again, completely different definitions.
[38:31.440 --> 38:39.400]  One of the things that's interesting to note, all right, is many times what they're attempting
[38:39.400 --> 38:51.440]  to do is to create real property value, all right, on electronic document.
[38:51.440 --> 39:00.640]  But again, the electronic document, all that is is just a record, a copy.
[39:00.640 --> 39:06.640]  MERS is not a party to the note, and MERS is conferred no rights.
[39:06.640 --> 39:15.040]  So when you look at the maximum of law, one cannot sell what one does not own, under NEMODAT,
[39:15.040 --> 39:16.520]  all right?
[39:16.520 --> 39:24.680]  MERS cannot transfer or assign or sell what they have never received.
[39:24.680 --> 39:31.240]  Well, there was one of Randy's favorite judges in the Fort Worth area in an opinion said
[39:31.240 --> 39:35.960]  that MERS could not transfer the note because they were never a party to it.
[39:35.960 --> 39:43.080]  Well, they can't, I mean, it's completely different, many times on these assignments
[39:43.080 --> 39:44.080]  of mortgage.
[39:44.080 --> 39:46.880]  They've never had any beneficiary interest in a negotiable instrument.
[39:46.880 --> 39:47.880]  Correct.
[39:47.880 --> 39:51.800]  They may have in the security instrument, but not the note.
[39:51.800 --> 39:56.160]  But again, you can only transfer the rights that you have received.
[39:56.160 --> 40:00.160]  So what rights have you received?
[40:00.160 --> 40:06.600]  If you have no rights and you transferred me no rights, I received no rights.
[40:06.600 --> 40:08.680]  So then you can assign no right.
[40:08.680 --> 40:09.680]  Correct.
[40:09.680 --> 40:12.280]  Now, if you don't have it, I can't get it from you.
[40:12.280 --> 40:19.040]  But now, the document that you purport that was an assignment, all right?
[40:19.040 --> 40:27.400]  The whole purpose of the assignment, Steve, is to memorialize the sale of a tangible negotiable
[40:27.400 --> 40:30.080]  instrument, the tangible promissory note.
[40:30.080 --> 40:31.200]  It's a real deal.
[40:31.200 --> 40:33.920]  It doesn't cause the sale.
[40:33.920 --> 40:35.000]  No.
[40:35.000 --> 40:37.640]  It memorializes the sale.
[40:37.640 --> 40:44.840]  Now, if you are named into public record for the mortgage, the deed of trust, or if you're
[40:44.840 --> 40:52.920]  in Georgia on the security deed, and you are not named to the note, you have acquired less
[40:52.920 --> 40:55.080]  than the entire instrument.
[40:55.080 --> 41:09.280]  That's why then by 3.203D, I would only have partial rights as a partial assignee, such
[41:09.280 --> 41:14.520]  as the right to collect, but not the right to receive or enforce.
[41:14.520 --> 41:20.720]  So again, if you've acquired less than the entire instrument, negotiation does not occur.
[41:20.720 --> 41:24.480]  The transfer obtains no rights under this article.
[41:24.480 --> 41:27.560]  You only obtain the rights of a partial assignee.
[41:27.560 --> 41:32.400]  So that's like you only have a partial cause of action.
[41:32.400 --> 41:42.760]  So if you are not named as payee on the tangible promissory note, either as lender or as payee,
[41:42.760 --> 41:44.320]  then you've acquired no right to the note.
[41:44.320 --> 41:46.840]  So you may be named in public record.
[41:46.840 --> 41:47.840]  Fine.
[41:47.840 --> 41:51.240]  Again, you're named in public record.
[41:51.240 --> 41:56.320]  But in order to come forth as holder into course, you need to be named to the note,
[41:56.320 --> 42:03.120]  named into public record, and have sole claim of sole ownership of the intangible payment
[42:03.120 --> 42:04.120]  obligation.
[42:04.120 --> 42:13.600]  When you say named to the note, if I were to say send a validation request, a debt validation
[42:13.600 --> 42:18.960]  request to the servicer, and he sent me a copy of the note as it exists at that time,
[42:18.960 --> 42:23.680]  I could go to the last page and I'd see pay to the order of, and then a blank line.
[42:23.680 --> 42:24.680]  An empty space.
[42:24.680 --> 42:25.680]  An empty space.
[42:25.680 --> 42:27.680]  Not a blank line.
[42:27.680 --> 42:28.680]  Okay.
[42:28.680 --> 42:35.560]  But if I want to say that this has been negotiated to me, my name had better be on that line.
[42:35.560 --> 42:36.560]  Correct.
[42:36.560 --> 42:39.880]  Where there is no name, I should be the named payee.
[42:39.880 --> 42:41.760]  That's a special endorsement.
[42:41.760 --> 42:42.760]  Correct.
[42:42.760 --> 42:45.560]  Pay to the order of.
[42:45.560 --> 42:47.320]  Whoever and then signed by whoever.
[42:47.320 --> 42:48.320]  Right.
[42:48.320 --> 42:49.320]  You've got to check.
[42:49.320 --> 42:50.320]  Exactly.
[42:50.320 --> 42:55.960]  How many times have we all gone to the bank and you've got to check, Steve, and it's that
[42:55.960 --> 43:00.800]  you wrote in the dollar amount, you wrote in the date, you signed it, you handed the
[43:00.800 --> 43:06.960]  cashier and she hands it back, she says, I'm sorry, I'm missing more.
[43:06.960 --> 43:07.960]  It's missing a payee.
[43:07.960 --> 43:08.960]  I can't count.
[43:08.960 --> 43:10.300]  Oh, silly me.
[43:10.300 --> 43:11.840]  What was I thinking?
[43:11.840 --> 43:15.800]  Let me write my name on that line now and push it back to her.
[43:15.800 --> 43:22.320]  If your name is not on there, they cannot complete negotiation pursuant to the requirements
[43:22.320 --> 43:23.320]  of law.
[43:23.320 --> 43:24.440]  That's right.
[43:24.440 --> 43:29.180]  So and then again, once you have that, Steve, okay.
[43:29.180 --> 43:33.880]  What happens when you hand her the note and she hands it back to Mr. Skidmore?
[43:33.880 --> 43:36.120]  I need you to sign it, right?
[43:36.120 --> 43:38.480]  Oh, folks, looks like.
[43:38.480 --> 43:41.000]  Yeah, I hear the music in the background.
[43:41.000 --> 43:42.000]  We hear the music.
[43:42.000 --> 43:43.000]  512-646-1984.
[43:43.000 --> 43:46.600]  And we will take them calls when we come back.
[43:46.600 --> 43:50.240]  We will take calls when we come back.
[43:50.240 --> 43:51.600]  We'll get a little deeper into this.
[43:51.600 --> 43:52.600]  We'll take some calls.
[43:52.600 --> 43:54.440]  We'll get a little deeper into this on the other side.
[43:54.440 --> 43:55.440]  We'll be right back, folks.
[43:55.440 --> 43:56.440]  Stay tuned.
[43:56.440 --> 44:08.200]  Hello, my name is Stuart Smith from naturespureorganics.com and I would like to invite you to come by our
[44:08.200 --> 44:13.520]  store at 9204 Guadalupe Street, Suite D here in Austin, Texas, find brave new books and
[44:13.520 --> 44:18.280]  taste things to see all our fantastic health and wellness products with your very own eyes.
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[44:30.400 --> 44:37.640]  Call 512-264-4043 or find us online at naturespureorganics.com.
[44:37.640 --> 44:43.240]  512-264-4043 naturespureorganics.com.
[44:43.240 --> 45:01.280]  Don't forget to like us on Facebook for information on events and our products, naturespureorganics.com.
[45:01.280 --> 45:04.480]  Are you the plaintiff or defendant in a lawsuit?
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[46:15.000 --> 46:39.120]  Welcome back to Rule of Law Radio, folks.
[46:39.120 --> 46:44.600]  512-646-1984 is the number dialed to join in conversation.
[46:44.600 --> 46:47.880]  And speaking of which, let's go ahead and take a few calls.
[46:47.880 --> 46:48.880]  You want to?
[46:48.880 --> 46:51.680]  Let's take, let's start with James from Texas.
[46:51.680 --> 46:52.680]  James in Texas.
[46:52.680 --> 46:56.800]  I know James has got something good to say because he's been blowing my Skype up since
[46:56.800 --> 46:57.800]  the show started.
[46:57.800 --> 46:58.800]  Good evening, James.
[46:58.800 --> 46:59.800]  How are you, my friend?
[46:59.800 --> 47:00.800]  Pretty good, Mr. Steve.
[47:00.800 --> 47:10.680]  I've got one real quick comment that I'm going to make is, why is it everybody believes
[47:10.680 --> 47:15.120]  what they hear and they take it as truth?
[47:15.120 --> 47:16.120]  That's wrong.
[47:16.120 --> 47:22.160]  Look at, you know, you see in the newspaper all the time, it's the investors.
[47:22.160 --> 47:24.920]  No, it is not the investors.
[47:24.920 --> 47:30.200]  These are institutional money managers for the mom-and-pop investors that are losing
[47:30.200 --> 47:37.200]  all their money, buying all of this fraudulent and tangible that's been sold to them under
[47:37.200 --> 47:42.240]  good faith and according to law, which it's not.
[47:42.240 --> 47:50.280]  And it's amazing that the fiduciary responsibility of these institutional money managers to claim
[47:50.280 --> 47:56.400]  to be institutional investors is just being washed away.
[47:56.400 --> 48:01.760]  A lot of people believe this indoctrination of life is beyond me.
[48:01.760 --> 48:02.760]  Okay.
[48:02.760 --> 48:07.080]  You've got no argument out of me.
[48:07.080 --> 48:08.080]  Me neither.
[48:08.080 --> 48:09.080]  Right?
[48:09.080 --> 48:11.200]  I'm in complete agreement with you.
[48:11.200 --> 48:17.880]  So what you're saying is that MERS is handling the accounts for both sides, the investor
[48:17.880 --> 48:20.240]  and the bank.
[48:20.240 --> 48:23.000]  No, MERS is not handling them.
[48:23.000 --> 48:28.880]  MERS is just a computer system and it's all these individuals out there that are updating
[48:28.880 --> 48:31.560]  the MERS system at will.
[48:31.560 --> 48:34.800]  There's no checks and balances at MERS.
[48:34.800 --> 48:42.040]  It's all by, if you want to update the system, update the system because if you go back and
[48:42.040 --> 48:46.240]  look at some reports that were done by the government, they're going to find out that
[48:46.240 --> 48:52.960]  the MERS system has more inaccuracies in it than you'll imagine.
[48:52.960 --> 48:56.040]  They're using the honor system, which isn't so honorable, right, James?
[48:56.040 --> 48:58.040]  It's not in the banking institutions.
[48:58.040 --> 48:59.040]  Honor?
[48:59.040 --> 49:09.680]  Well, okay, if you want to go to honor, then I guess there is some honor amongst thieves.
[49:09.680 --> 49:10.680]  That's a very good point.
[49:10.680 --> 49:11.680]  Wait a minute.
[49:11.680 --> 49:12.680]  Wait a minute.
[49:12.680 --> 49:24.520]  That seems to imply that what is going on here is somehow haphazard or unplanned.
[49:24.520 --> 49:28.520]  And I don't think MERS is even the slightest unplanned.
[49:28.520 --> 49:35.720]  I don't think the problems with MERS were even in the slightest unplanned.
[49:35.720 --> 49:41.800]  They didn't set up MERS with no checks and balances by mistake.
[49:41.800 --> 49:44.720]  I think James could answer that.
[49:44.720 --> 49:46.480]  You want to tackle that one, James?
[49:46.480 --> 49:48.080]  What do you think?
[49:48.080 --> 49:51.360]  I would absolutely agree with Randy.
[49:51.360 --> 49:58.880]  It was designed from day one to defraud the people of every dollar they've got to support
[49:58.880 --> 50:03.400]  this in large, intangible world.
[50:03.400 --> 50:09.520]  In all these credit defaults and credit defaults obligations, we're tenfold to what the base
[50:09.520 --> 50:10.520]  is.
[50:10.520 --> 50:12.720]  The mom-and-pop can't afford it.
[50:12.720 --> 50:14.040]  It's going to collapse on me.
[50:14.040 --> 50:18.240]  It's legal, but it's unsustainable.
[50:18.240 --> 50:23.940]  So this is the mechanism by which land...
[50:23.940 --> 50:29.920]  What I see, the mortgage crisis, if you want to call it that, or the foreclosure crisis,
[50:29.920 --> 50:36.920]  if you want to call it that, it is the biggest redistribution of wealth this country has
[50:36.920 --> 50:38.740]  ever seen.
[50:38.740 --> 50:46.800]  And we've gotten MERS, a bunch of crazy bankers at the helm of MERS, already ended up, and
[50:46.800 --> 50:48.600]  they wrecked this thing.
[50:48.600 --> 50:50.640]  They put this thing on the rocks years ago.
[50:50.640 --> 50:52.120]  Wait a minute.
[50:52.120 --> 50:55.440]  This may or may not be the biggest.
[50:55.440 --> 50:58.040]  This is just the last in the series.
[50:58.040 --> 50:59.040]  Okay.
[50:59.040 --> 51:00.040]  I'll buy that.
[51:00.040 --> 51:01.600]  I'll agree with that.
[51:01.600 --> 51:04.640]  They do this every generation.
[51:04.640 --> 51:08.240]  In 1929, they did this.
[51:08.240 --> 51:14.440]  The banks foreclosed on everybody, took everything back, and sold it to their children.
[51:14.440 --> 51:19.840]  But now their children are grown, they've foreclosed on everybody again, they're taking
[51:19.840 --> 51:22.600]  everything back and selling it to our children.
[51:22.600 --> 51:24.800]  It's redistribution of wealth.
[51:24.800 --> 51:30.720]  They've been doing this since the Templars came back from the Temple Mount.
[51:30.720 --> 51:40.520]  Right, but the difference is today, all right, we are a bit more educated as to what was
[51:40.520 --> 51:47.920]  to happen, what did happen, and what did not happen, pursuant to local laws of jurisdiction.
[51:47.920 --> 51:50.560]  That is the difference.
[51:50.560 --> 52:00.960]  And I'm hoping that this increase in knowledge will turn into an increase in assertion of
[52:00.960 --> 52:03.120]  that knowledge.
[52:03.120 --> 52:09.440]  And maybe this could well be the last round of the Jubilee.
[52:09.440 --> 52:14.280]  I agree with you, that's one of the reasons that we've been talking about, it's time to
[52:14.280 --> 52:15.560]  take action.
[52:15.560 --> 52:22.080]  It does one no good to read all the books and not to take any action upon it.
[52:22.080 --> 52:27.280]  The Jubilee, I think you were referring to, Randy, that's a biblical principle that in
[52:27.280 --> 52:33.120]  all 50 years or every 50 years, all debt is to be erased, is that correct?
[52:33.120 --> 52:40.720]  But what I believe, you know, they talk about the Templars going to the Crusades, going
[52:40.720 --> 52:44.840]  to Jerusalem, and they spent 20 years on the Temple Mount.
[52:44.840 --> 52:50.040]  And the story is they dug under the Temple Mount and found this vast treasure and brought
[52:50.040 --> 52:51.040]  it back.
[52:51.040 --> 52:53.080]  I don't think that's the treasure they brought back.
[52:53.080 --> 52:58.840]  They learned from the Jews the concept of the Jubilee.
[52:58.840 --> 53:08.360]  In fact, it was every 49 years, every seventh set of seven years, everything, the Jews couldn't
[53:08.360 --> 53:11.280]  really sell property, they could only lease it.
[53:11.280 --> 53:18.000]  Every 49 years, all the slaves were freed, all the property went back to the owner, and
[53:18.000 --> 53:20.040]  it started all over again.
[53:20.040 --> 53:26.080]  The Templars looked at that and said, holy crap, this is how we can swallow everything.
[53:26.080 --> 53:29.200]  So they came back with a banking system.
[53:29.200 --> 53:38.080]  And then it worked too well so that in 1300s, the King of France was afraid of how powerful
[53:38.080 --> 53:42.040]  the Templars were getting and swallowed the Templars.
[53:42.040 --> 53:47.360]  That's where we get the tradition of Friday the 13th being an unlucky day, isn't it?
[53:47.360 --> 53:50.280]  Yeah, that's when they went after the Templars.
[53:50.280 --> 53:59.520]  But they kept the procedure, those behind the King, those in the background, the big
[53:59.520 --> 54:04.040]  money interests, the ones we talk about, the Bilderbergs and Rothschilds, they've been
[54:04.040 --> 54:10.560]  running this routine since they swallowed the Templars.
[54:10.560 --> 54:17.960]  Look in your economic history, about every 50 years, there's a major economic upheaval.
[54:17.960 --> 54:24.160]  Lots of wealthy people, lots of people who did well in the last generation lose everything.
[54:24.160 --> 54:26.200]  It all goes back to the banks.
[54:26.200 --> 54:27.800]  Look what's happening now.
[54:27.800 --> 54:34.720]  The banks created this mess, they convinced people to purchase properties they could not
[54:34.720 --> 54:35.720]  afford.
[54:35.720 --> 54:43.760]  The one thing that was always taboo was to speculate with your home.
[54:43.760 --> 54:49.080]  They convinced people to do that, get them into loans they couldn't afford, foreclosed
[54:49.080 --> 54:50.800]  on all these properties.
[54:50.800 --> 54:57.280]  Now the banks are financing major companies that are going in like American Wholesale,
[54:57.280 --> 55:02.120]  something American, something rather, that's buying up all of these properties.
[55:02.120 --> 55:08.560]  So the banks ran this routine, foreclosed on everybody, swallowed all their property.
[55:08.560 --> 55:14.180]  Now they took the money they gained from this and are going out and purchasing all those
[55:14.180 --> 55:18.440]  properties so they can sell them back to the next generation.
[55:18.440 --> 55:27.680]  Same routine, it's time we understood what was going on and stopped this pattern.
[55:27.680 --> 55:34.640]  Very similar thing happened as a result of Napoleon losing at Waterloo.
[55:34.640 --> 55:38.400]  Nathan Rothschild got word that Napoleon lost.
[55:38.400 --> 55:43.240]  He got word out through the media that Napoleon won.
[55:43.240 --> 55:50.760]  That onset panic, the Rothschilds came in and offered, the people thought that everything
[55:50.760 --> 55:53.680]  was worthless and they better get what they can while they can.
[55:53.680 --> 55:59.080]  So he offered pennies on the dollar for half of Europe, sucked it up for pennies on the
[55:59.080 --> 56:04.120]  dollar and then when the word got out that, oh, wait a minute, no, Napoleon didn't win.
[56:04.120 --> 56:09.720]  Well I'll sell you your property back dollar for dollar.
[56:09.720 --> 56:16.960]  This same routine has been going on forever and that's the underlying problem but the
[56:16.960 --> 56:24.680]  more immediate problem and my issue with MERS is I don't really care about MERS.
[56:24.680 --> 56:34.600]  What MERS did and MERS, the structure lacks sufficient checks and balances to keep everything
[56:34.600 --> 56:35.600]  in order.
[56:35.600 --> 56:43.880]  What it did is opened the door for us, for the individuals to interrupt this pattern.
[56:43.880 --> 56:45.640]  This is not complex.
[56:45.640 --> 56:50.520]  Just go back, pull all the documents that are filed in the county records.
[56:50.520 --> 56:58.320]  What MERS caused was a problem with getting the records properly filed.
[56:58.320 --> 57:06.200]  Now the bank who's trying to foreclose, they may actually be the true and valid bona fide
[57:06.200 --> 57:08.200]  a holder in due course.
[57:08.200 --> 57:10.160]  No, there is no holder in due course.
[57:10.160 --> 57:14.240]  Okay, okay, I understand there's no holder in due course in the matter of a consumer
[57:14.240 --> 57:20.240]  loan but that's making two or five distinctions.
[57:20.240 --> 57:22.560]  There is no holder in due course under the-
[57:22.560 --> 57:23.560]  We've got to be specific.
[57:23.560 --> 57:28.800]  Well we can't be too specific or nobody will understand what we're talking about.
[57:28.800 --> 57:33.320]  I can go into the holder rule, 15 U.S. Code 433.
[57:33.320 --> 57:39.940]  In the matter of a consumer transaction, there can be no holder in due course.
[57:39.940 --> 57:49.080]  Any purchaser of a contract based on a consumer transaction, in that contract there can be
[57:49.080 --> 57:50.360]  no holder in due course.
[57:50.360 --> 57:55.400]  The purchaser of the contract is subject to any claim the borrower would have against
[57:55.400 --> 57:56.400]  the lender.
[57:56.400 --> 58:01.080]  See, that takes us off the whole track and now, okay, let's go to break.
[58:01.080 --> 58:04.200]  We'll get you back on track on the other side of the break.
[58:04.200 --> 58:10.280]  512-646-1984 is the number to dial folks, if you'd like to join us in conversation.
[58:10.280 --> 58:14.280]  And James, hang on there, did you have anything else James?
[58:14.280 --> 58:18.560]  Oh, I can catch you on the flip side.
[58:18.560 --> 58:22.880]  Okay, we'll hold on then.
[58:22.880 --> 58:26.960]  While we're going folks, I've got 27 seconds, help me out here Randy, say something.
[58:26.960 --> 58:28.960]  I can help you out.
[58:28.960 --> 58:35.000]  Okay, anyway, MERS, we're paying a lot of attention to MERS, MERS caused a problem
[58:35.000 --> 58:36.440]  in the background.
[58:36.440 --> 58:43.080]  Go look at your county records, follow the line of holdership, they never get it right.
[58:43.080 --> 58:50.440]  We're heading to Kelton, the city of Skidmore, Joe Esquivel, we'll be right back.
[58:50.440 --> 58:54.600]  Would you like to make more definite progress in your walk with God?
[58:54.600 --> 58:59.760]  Bibles for America is offering a free study Bible and a set of free Christian books that
[58:59.760 --> 59:01.120]  can really help.
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[59:05.560 --> 59:06.560]  today.
[59:06.560 --> 59:10.480]  It's an accurate translation and it contains thousands of footnotes that will help you
[59:10.480 --> 59:13.600]  to know God and to know the meaning of life.
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[59:18.840 --> 59:23.120]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan
[59:23.120 --> 59:28.040]  of salvation, growing in Christ and how to build up the church.
[59:28.040 --> 59:33.060]  To order your free New Testament recovery version and Basic Elements of the Christian
[59:33.060 --> 59:45.840]  Life, call Bibles for America toll free at 888-551-0102, that's 888-551-0102 or visit
[59:45.840 --> 59:50.160]  us online at bfa.org.
[59:50.160 --> 59:56.960]  Live, free speech radio, logosradionetwork.com.
[59:56.960 --> 01:00:05.160]  Senator Ted Cruz offers two amendments in the Judiciary Committee to safeguard citizens'
[01:00:05.160 --> 01:00:09.680]  free speech against the IRS and yet those amendments fail.
[01:00:09.680 --> 01:00:13.960]  I'm Ben Swan with your Truth In Media Moment brought to you in part by benswan.com.
[01:00:13.960 --> 01:00:18.040]  Senator Cruz's first amendment would have prohibited an IRS employee from intentionally
[01:00:18.040 --> 01:00:21.160]  targeting individuals or groups based on political views.
[01:00:21.160 --> 01:00:26.360]  It would have made it a crime for an IRS employee to willfully discriminate against groups based
[01:00:26.360 --> 01:00:31.120]  solely on the political beliefs or policy statements held, expressed or published by
[01:00:31.120 --> 01:00:32.120]  that organization.
[01:00:32.120 --> 01:00:36.560]  And the second amendment would have amended the tax code to use the bipartisan independent
[01:00:36.560 --> 01:00:42.920]  FEC's definitions to determine whether an organization is engaged in political activity.
[01:00:42.920 --> 01:00:47.600]  The IRS should focus on taxation rather than determining what is political activity, says
[01:00:47.600 --> 01:00:48.600]  Cruz.
[01:00:48.600 --> 01:00:49.600]  So why would those amendments fail?
[01:00:49.600 --> 01:00:53.280]  I'll tell you right after this.
[01:00:53.280 --> 01:00:56.840]  The destruction of constitutional liberties and endless foreign wars.
[01:00:56.840 --> 01:01:01.480]  The voice of the people silenced while lawmakers simply enrich themselves and the political
[01:01:01.480 --> 01:01:02.480]  class.
[01:01:02.480 --> 01:01:03.480]  I'm Ben Swan.
[01:01:03.480 --> 01:01:04.480]  Is it about left versus right?
[01:01:04.480 --> 01:01:07.480]  No, the real fight is liberty versus tyranny.
[01:01:07.480 --> 01:01:11.360]  At benswan.com, we are breaking the left-right paradigm.
[01:01:11.360 --> 01:01:16.240]  We know that the American two-party system is broken and that to restore American liberty
[01:01:16.240 --> 01:01:20.240]  means to restore your right as an individual.
[01:01:20.240 --> 01:01:24.320]  At benswan.com, we cover stories the national media won't touch, from the National Defense
[01:01:24.320 --> 01:01:29.320]  Authorization Act to nullification, militarization of police, and crony capitalism.
[01:01:29.320 --> 01:01:34.360]  We are not afraid to stand up for the rights of the people.
[01:01:34.360 --> 01:01:42.920]  We are the face of new media, benswan.com, where humanity is greater than politics.
[01:01:42.920 --> 01:01:47.040]  Senator Ted Cruz's two amendments that would make it a crime for the IRS to target individuals
[01:01:47.040 --> 01:01:50.640]  based on their political beliefs did not make it.
[01:01:50.640 --> 01:01:51.640]  Why?
[01:01:51.640 --> 01:01:56.600]  Democrats on the Judiciary Committee unanimously opposed the amendments, defeating them both.
[01:01:56.600 --> 01:02:00.080]  But this is not or should not be a partisan issue.
[01:02:00.080 --> 01:02:06.520]  What the IRS did from 2011 to 2013 was to target over 300 groups based on words in their
[01:02:06.520 --> 01:02:10.160]  names, liberty, Tea Party, 912.
[01:02:10.160 --> 01:02:12.080]  Does the IRS have the right to do that?
[01:02:12.080 --> 01:02:13.080]  No.
[01:02:13.080 --> 01:02:18.440]  The IRS does have the authority and responsibility to make sure that certain groups are not taking
[01:02:18.440 --> 01:02:20.360]  advantage of the tax system.
[01:02:20.360 --> 01:02:24.520]  But instead of holding up those applications for 18 months or two years at a time, the
[01:02:24.520 --> 01:02:29.520]  IRS should have made a ruling on those applications and it did not.
[01:02:29.520 --> 01:02:34.040]  What Democrats in the Senate really did was once again put politics first so that the
[01:02:34.040 --> 01:02:38.440]  very real story of IRS targeting wouldn't make any more headlines.
[01:02:38.440 --> 01:02:41.200]  They chose to ignore what the agency was doing.
[01:02:41.200 --> 01:02:45.000]  The problem is once a different administration gets into power, what stops the Republican
[01:02:45.000 --> 01:02:50.560]  administration from using IRS power to go after so-called left-leaning or liberal groups?
[01:02:50.560 --> 01:02:51.560]  Nothing.
[01:02:51.560 --> 01:02:55.760]  For stories that affect your liberty, be sure to check out benswan.com where humanity is
[01:02:55.760 --> 01:02:58.760]  greater than politics.
[01:02:58.760 --> 01:03:19.760]  It's all according to the will of the Almighty I read his book and he says he cares not for
[01:03:19.760 --> 01:03:26.760]  the unsightly These warm arms are summed by that term of rightness
[01:03:26.760 --> 01:03:33.760]  I won't pay for the war with my body Ain't gonna pay for the car with my money
[01:03:33.760 --> 01:03:40.760]  I won't pay for the fun with my body Their plans wicked and their logic shoddy
[01:03:40.760 --> 01:03:47.760]  Ain't gonna pay for the oil with my body I won't pay for the boys with my money
[01:03:47.760 --> 01:03:54.760]  Ain't gonna pay for the kids with my body The whole agenda smells funny
[01:03:54.760 --> 01:03:59.760]  I wanna fight in the wire of my life
[01:03:59.760 --> 01:04:00.760]  And we're back folks.
[01:04:00.760 --> 01:04:02.640]  I'm sorry it took so long to get back in from break.
[01:04:02.640 --> 01:04:04.680]  We were chewing the fat.
[01:04:04.680 --> 01:04:09.760]  A lot of good conversation goes on during the break, so I do kind of wish that sometimes...
[01:04:09.760 --> 01:04:14.760]  Just for the record, we were swapping lives and I got the biggest one.
[01:04:14.760 --> 01:04:16.760]  Okay, I'll buy that.
[01:04:16.760 --> 01:04:21.760]  Anyway, let's go back to the phones and go back to James in Texas.
[01:04:21.760 --> 01:04:22.760]  James, you there?
[01:04:22.760 --> 01:04:24.760]  I'm here.
[01:04:24.760 --> 01:04:26.760]  There's one more thing.
[01:04:26.760 --> 01:04:32.760]  Since Randy brought up the Templars, we're going to look at the terminology Esquire.
[01:04:32.760 --> 01:04:40.760]  Esquire was a term that was developed a long time ago, which we today use it as to define an attorney.
[01:04:40.760 --> 01:04:44.760]  They're not the elite and they're above the people.
[01:04:44.760 --> 01:04:53.760]  But with what they're doing today, they have led a lot of this to use their...to protect their Friday paycheck.
[01:04:53.760 --> 01:04:55.760]  They are going to lie like a dog.
[01:04:55.760 --> 01:05:03.760]  And since we're now on a little bit of God, trust nobody but yourself if you believe in God.
[01:05:03.760 --> 01:05:12.760]  Because if you don't, God is the God of the living and he will sit there and reside in heaven over the just people
[01:05:12.760 --> 01:05:16.760]  while Satan has no mercy on your soul.
[01:05:16.760 --> 01:05:19.760]  And with that, I'll turn this over to the next caller.
[01:05:19.760 --> 01:05:22.760]  Okay, let me address that.
[01:05:22.760 --> 01:05:29.760]  The Bible tells you to render unto Caesar, that God will take care of your immortal soul,
[01:05:29.760 --> 01:05:33.760]  but he wants you to take care of business.
[01:05:33.760 --> 01:05:40.760]  And don't ask God to come into the court and fix your problem for you.
[01:05:40.760 --> 01:05:43.760]  Fix it yourself, use the code that's in place.
[01:05:43.760 --> 01:05:45.760]  You got all the tools you need.
[01:05:45.760 --> 01:05:48.760]  Don't ask God to do all your work for you.
[01:05:48.760 --> 01:05:50.760]  That's the story and I'm sticking to it.
[01:05:50.760 --> 01:05:51.760]  Well said.
[01:05:51.760 --> 01:05:53.760]  Well said, Randy.
[01:05:53.760 --> 01:05:54.760]  Ready to go to the next caller?
[01:05:54.760 --> 01:05:55.760]  Let's go.
[01:05:55.760 --> 01:05:56.760]  All right.
[01:05:56.760 --> 01:05:58.760]  Mark in Wisconsin.
[01:05:58.760 --> 01:06:01.760]  Hello, Mark. I haven't heard you in a while.
[01:06:01.760 --> 01:06:09.760]  Well, I haven't been in kind of trouble with a class I felony that required me to give a call.
[01:06:09.760 --> 01:06:11.760]  Well, that's no fun.
[01:06:11.760 --> 01:06:13.760]  You've been slacking.
[01:06:13.760 --> 01:06:15.760]  It isn't fun.
[01:06:15.760 --> 01:06:20.760]  That and the fact that the state of Wisconsin, apparently the assembly,
[01:06:20.760 --> 01:06:27.760]  has approved the idea of a constitutional convention and it's now going to go to Senate committee.
[01:06:27.760 --> 01:06:34.760]  The reason I called in was to get your learned opinion on whether or not a constitutional convention
[01:06:34.760 --> 01:06:37.760]  is one of these brilliant ideas or not.
[01:06:37.760 --> 01:06:44.760]  And then we can go back to cover what I may be able to do on this potential class I felony
[01:06:44.760 --> 01:06:53.760]  of receiving stolen goods, which the stolen goods was money that was actually paid as a settlement in my case.
[01:06:53.760 --> 01:07:01.760]  Well, to the stolen money and receiving profits or benefits from stolen goods,
[01:07:01.760 --> 01:07:05.760]  I'll leave to Randy, but I will address the constitutional convention.
[01:07:05.760 --> 01:07:09.760]  Okay, hold on. Before we go, there's a question I have.
[01:07:09.760 --> 01:07:18.760]  Is Wisconsin wanting to convene a constitutional convention concerning the Wisconsin Constitution
[01:07:18.760 --> 01:07:22.760]  or a constitutional convention on the federal?
[01:07:22.760 --> 01:07:27.760]  I believe it's the Wisconsin Constitution because Wisconsin is one of the last states
[01:07:27.760 --> 01:07:30.760]  that hasn't ever changed its constitution.
[01:07:30.760 --> 01:07:36.760]  We've just amended it or struck terms.
[01:07:36.760 --> 01:07:43.760]  Interesting. Well, whether it's state or whether it's federal,
[01:07:43.760 --> 01:07:48.760]  constitutional conventions or even talking about a constitutional convention makes me a little nervous
[01:07:48.760 --> 01:07:57.760]  because we see throughout these constitutional conventions that no good for the people comes out of them.
[01:07:57.760 --> 01:08:01.760]  The only thing that tends to come out of them is more constraints upon the people
[01:08:01.760 --> 01:08:08.760]  when the Constitution was to be constraints on government, limits on government,
[01:08:08.760 --> 01:08:13.760]  limits on the size of government, how government can operate, what they're allowed to do,
[01:08:13.760 --> 01:08:14.760]  what they're not allowed to do.
[01:08:14.760 --> 01:08:18.760]  But we see through these successive constitutional conventions,
[01:08:18.760 --> 01:08:22.760]  we've got an absolutely out of control government.
[01:08:22.760 --> 01:08:28.760]  And even that's a misnomer because the government is in perfect control, under perfect control,
[01:08:28.760 --> 01:08:32.760]  but it's not under our control as it should be.
[01:08:32.760 --> 01:08:37.760]  It's under the control of the lobbyists and the highest paying bidder.
[01:08:37.760 --> 01:08:40.760]  Period. No two ways about that.
[01:08:40.760 --> 01:08:44.760]  That's what makes me nervous about constitutional conventions.
[01:08:44.760 --> 01:08:48.760]  Going back through history, I can't find the results of any constitutional convention
[01:08:48.760 --> 01:08:54.760]  that was for the betterment of the people.
[01:08:54.760 --> 01:08:55.760]  Okay.
[01:08:55.760 --> 01:08:57.760]  Dead air.
[01:08:57.760 --> 01:09:05.760]  The bulk of that is what I've reflected in my letter to the committee.
[01:09:05.760 --> 01:09:13.760]  I had forgotten about the point of the purpose is to constrain government.
[01:09:13.760 --> 01:09:16.760]  But I'll work on adding that.
[01:09:16.760 --> 01:09:23.760]  Well, the whole Constitution itself is, if you look at the Bill of Rights,
[01:09:23.760 --> 01:09:31.760]  the Bill of Rights is not necessarily what we can do so much as it is what government cannot do
[01:09:31.760 --> 01:09:34.760]  about what we can do.
[01:09:34.760 --> 01:09:36.760]  Did that make sense?
[01:09:36.760 --> 01:09:38.760]  Oh, yes. Oh, yes.
[01:09:38.760 --> 01:09:47.760]  I've heard Mr. Badnerich when he talked about this topic on your show in the other slides,
[01:09:47.760 --> 01:09:51.760]  you know, a year and a half ago now.
[01:09:51.760 --> 01:09:55.760]  I was a very learned man when it comes to the Constitution.
[01:09:55.760 --> 01:09:56.760]  Yes, he is.
[01:09:56.760 --> 01:10:01.760]  I had just forgotten about that point that really the whole purpose of what we're talking about here
[01:10:01.760 --> 01:10:03.760]  is to restrain government.
[01:10:03.760 --> 01:10:10.760]  And I forgot to put that into my communication, so I appreciate that reminder.
[01:10:10.760 --> 01:10:13.760]  Well, then I guess unless the others are...
[01:10:13.760 --> 01:10:15.760]  Stolen money.
[01:10:15.760 --> 01:10:17.760]  Stolen money, yes.
[01:10:17.760 --> 01:10:27.760]  So what has happened is the gentleman has made the claim not only to the police
[01:10:27.760 --> 01:10:33.760]  but to an investigation unit regarding some $50,000 worth of embezzled money,
[01:10:33.760 --> 01:10:44.760]  he has made the claim in the open court document that a sum totaling close to $20,000
[01:10:44.760 --> 01:10:48.760]  was illegally taken from a bank account.
[01:10:48.760 --> 01:10:57.760]  And the first of those sums that he's claiming was illegally taken was $7,248.75.
[01:10:57.760 --> 01:11:03.760]  My settlement amount was $3,248.75.
[01:11:03.760 --> 01:11:07.760]  And so if the settlement was paid with stolen money,
[01:11:07.760 --> 01:11:21.760]  that makes me run a foul of Wisconsin 1943-34-1-1-BF, which is a class I felony for having received.
[01:11:21.760 --> 01:11:23.760]  Hold on, hold on.
[01:11:23.760 --> 01:11:26.760]  Did you pay yourself with that money?
[01:11:26.760 --> 01:11:30.760]  Actually, what ended up happening with the amount of money that I received,
[01:11:30.760 --> 01:11:34.760]  it ended up paying for pretty much everybody involved with the case.
[01:11:34.760 --> 01:11:37.760]  I ended up with a net of $30.
[01:11:37.760 --> 01:11:40.760]  Okay, okay, here's the deal.
[01:11:40.760 --> 01:11:45.760]  All crimes are thought crimes.
[01:11:45.760 --> 01:11:50.760]  You know, I hear guys complaining about thought crimes, but all crimes are thought crimes.
[01:11:50.760 --> 01:11:57.760]  It's not what you do, it's how you held your mind when you did it.
[01:11:57.760 --> 01:12:08.760]  So did you have any knowledge that any of these funds were stolen funds?
[01:12:08.760 --> 01:12:09.760]  No.
[01:12:09.760 --> 01:12:15.760]  I was told verbally that this money was taken out of the bank account
[01:12:15.760 --> 01:12:18.760]  where he was a signator by the person who was.
[01:12:18.760 --> 01:12:20.760]  Okay.
[01:12:20.760 --> 01:12:25.760]  And if you acted in good faith reliance on competent authority
[01:12:25.760 --> 01:12:31.760]  and had no knowledge that the funds were stolen, you have no criminal culpability.
[01:12:31.760 --> 01:12:39.760]  The way I illustrate this is I once punched a woman up beside the head
[01:12:39.760 --> 01:12:44.760]  with every intention of knocking her smooth out.
[01:12:44.760 --> 01:12:49.760]  So did I commit a crime?
[01:12:49.760 --> 01:12:52.760]  Well, there's another part to it.
[01:12:52.760 --> 01:12:56.760]  I was a quarter mile out in Lake Michigan, caught in a riptide.
[01:12:56.760 --> 01:12:58.760]  She couldn't swim.
[01:12:58.760 --> 01:13:01.760]  Third time she pulled me under while I'm trying to get her in,
[01:13:01.760 --> 01:13:06.760]  I did everything I could to knock her smooth out
[01:13:06.760 --> 01:13:10.760]  so that I could get her in without her killing both of us.
[01:13:10.760 --> 01:13:15.760]  It's not what you do, it's how you hold your mind when you do it
[01:13:15.760 --> 01:13:19.760]  that determines whether the act you commit is a crime or not.
[01:13:19.760 --> 01:13:22.760]  You just demurred assault.
[01:13:22.760 --> 01:13:23.760]  Yes.
[01:13:23.760 --> 01:13:26.760]  Got you.
[01:13:26.760 --> 01:13:31.760]  Yes, I hit her, but it was for both of our benefit.
[01:13:31.760 --> 01:13:35.760]  Exactly. It was for the purpose of saving her life,
[01:13:35.760 --> 01:13:38.760]  not for the purpose of causing injury.
[01:13:38.760 --> 01:13:40.760]  Well, yeah, it was causing injury.
[01:13:40.760 --> 01:13:43.760]  It may have caused injury, but it saved her life in the long run.
[01:13:43.760 --> 01:13:46.760]  It was a secondary thing.
[01:13:46.760 --> 01:13:49.760]  Anyway, the point is all crimes are all crimes.
[01:13:49.760 --> 01:13:54.760]  If you did not have an evil mind or a wrongful intent,
[01:13:54.760 --> 01:13:57.760]  you're not criminally culpable.
[01:13:57.760 --> 01:13:58.760]  All right.
[01:13:58.760 --> 01:14:03.760]  The other thing I would think that would help me is looking over this issue.
[01:14:03.760 --> 01:14:06.760]  I've had to spend some more time, once again, in the public record.
[01:14:06.760 --> 01:14:11.760]  I found a police report from the beginning of last year.
[01:14:11.760 --> 01:14:13.760]  The settlement was in 2012.
[01:14:13.760 --> 01:14:17.760]  In the beginning of last year, I found a police report where the police were called
[01:14:17.760 --> 01:14:22.760]  because money was stolen from a bank account regarding these people.
[01:14:22.760 --> 01:14:31.760]  Then on the March, the lawyer who was responsible for my counterparty in the lawsuit
[01:14:31.760 --> 01:14:39.760]  was with him, the counterparty, and the cops trying to press charges.
[01:14:39.760 --> 01:14:43.760]  So if they firmly felt that money was stolen...
[01:14:43.760 --> 01:14:46.760]  Wait, charges against who?
[01:14:46.760 --> 01:14:50.760]  Oh, there was a fistfight, apparently, at the location,
[01:14:50.760 --> 01:14:57.760]  which I wasn't involved with, but the fistfight was tied to money having been taken.
[01:14:57.760 --> 01:15:02.760]  If this gentleman really felt the money was stolen and such,
[01:15:02.760 --> 01:15:06.760]  why didn't they file to reopen the settlement?
[01:15:06.760 --> 01:15:11.760]  It would be my other defense.
[01:15:11.760 --> 01:15:17.760]  If you didn't have direct control over the money when it came from the place
[01:15:17.760 --> 01:15:23.760]  from which it's alleged to have been stolen, you can't have any culpability anyway.
[01:15:23.760 --> 01:15:28.760]  Okay. Just go with that then, huh? Right up front.
[01:15:28.760 --> 01:15:34.760]  Yeah. Did you have anything to do with removing the money from where it was at?
[01:15:34.760 --> 01:15:37.760]  Nope. I was not a signature on the bank account,
[01:15:37.760 --> 01:15:41.760]  and so I would have never had the ability to remove that money.
[01:15:41.760 --> 01:15:48.760]  So apparently somebody who was a signature on the bank account is the one who removed the money.
[01:15:48.760 --> 01:15:57.760]  And whoever has made the claim against you will have had to have made statements
[01:15:57.760 --> 01:16:01.760]  of material fact that were not true.
[01:16:01.760 --> 01:16:05.760]  You would think that that would be the case, and you might think that somehow
[01:16:05.760 --> 01:16:09.760]  statements of material fact that aren't true, people would care about,
[01:16:09.760 --> 01:16:15.760]  but based on what I've seen, you know, you can stand in front of Congress and say,
[01:16:15.760 --> 01:16:20.760]  eh, it was the least untruthful thing I could say, and nothing happens.
[01:16:20.760 --> 01:16:27.760]  Yeah, but there is a group of people who does care, and those are grand jurors.
[01:16:27.760 --> 01:16:34.760]  They tend to be grand jurors of your peers, and they tend to take a different view of that kind of thing.
[01:16:34.760 --> 01:16:39.760]  All right. I will once again try getting in front of grand jury,
[01:16:39.760 --> 01:16:44.760]  but I've been told we don't have grand juries when I called the DA.
[01:16:44.760 --> 01:16:51.760]  It might look as cold. There's going to be another remedy for having grand juries.
[01:16:51.760 --> 01:16:54.760]  I'll speak to that when I come back, and we'll take more calls.
[01:16:54.760 --> 01:16:57.760]  This is Randy Kelton, Steve's Kid Morager.
[01:16:57.760 --> 01:16:59.760]  Let's go, Bill.
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[01:19:00.760 --> 01:19:11.760]  This is the Logos Logos Radio Network.
[01:19:11.760 --> 01:19:21.760]  Thank you for watching.
[01:19:41.760 --> 01:19:46.760]  You put the fear in my pocket, took the money from my hand,
[01:19:46.760 --> 01:19:52.760]  ain't gonna fool me with that same old trick again.
[01:19:52.760 --> 01:19:54.760]  Okay, howdy, howdy, we are back.
[01:19:54.760 --> 01:20:03.760]  Randy Elton, Steve Skidmore and we're talking to Mark.
[01:20:03.760 --> 01:20:05.760]  My tang got tangled.
[01:20:05.760 --> 01:20:08.760]  Sure it did.
[01:20:08.760 --> 01:20:11.760]  I know where you live, Mr. Skidmore.
[01:20:11.760 --> 01:20:16.760]  Okay, Mark, does that pretty well handle your issues?
[01:20:16.760 --> 01:20:18.760]  I believe so.
[01:20:18.760 --> 01:20:19.760]  Oh, wait, wait, wait, wait.
[01:20:19.760 --> 01:20:20.760]  Yes, yes, hold on.
[01:20:20.760 --> 01:20:23.760]  Important part.
[01:20:23.760 --> 01:20:26.760]  When you don't have a grand jury.
[01:20:26.760 --> 01:20:34.760]  You know, I went to Pennsylvania and the only one who can convene a grand jury there is a district court.
[01:20:34.760 --> 01:20:41.760]  And a private citizen can't go to a grand jury in Pennsylvania.
[01:20:41.760 --> 01:20:48.760]  However, because a private citizen can't go to a grand jury,
[01:20:48.760 --> 01:20:53.760]  and they grant the prosecuting attorney first blush on a criminal complaint,
[01:20:53.760 --> 01:21:00.760]  he gets to determine whether or not he believes there are sufficient costs to warrant prosecution.
[01:21:00.760 --> 01:21:03.760]  I thought that was the duty of a magistrate.
[01:21:03.760 --> 01:21:05.760]  Well, not in Pennsylvania.
[01:21:05.760 --> 01:21:08.760]  That seems like a big problem.
[01:21:08.760 --> 01:21:18.760]  But when you look closer, every state has had a couple hundred years or at least a hundred years or close to that,
[01:21:18.760 --> 01:21:20.760]  and I think New Mexico didn't have quite that much,
[01:21:20.760 --> 01:21:27.760]  but they have a long time to have developed a very well-structured corpus juris.
[01:21:27.760 --> 01:21:34.760]  So if you don't have an advantage in one place, there will be a compensating advantage somewhere else.
[01:21:34.760 --> 01:21:38.760]  Look, in Pennsylvania, if you file a criminal complaint,
[01:21:38.760 --> 01:21:48.760]  you have standing similar to Australia where you can file a criminal action as a common law public official.
[01:21:48.760 --> 01:21:50.760]  In Pennsylvania, you have standing.
[01:21:50.760 --> 01:21:57.760]  If the prosecuting attorney elects not to prosecute, you can appeal to the court of common pleas.
[01:21:57.760 --> 01:21:59.760]  And if the court of common pleas agrees with the prosecutor,
[01:21:59.760 --> 01:22:05.760]  you can appeal to the district court and then the supreme.
[01:22:05.760 --> 01:22:11.760]  You can take that all the way to the highest court, so you have a remedy.
[01:22:11.760 --> 01:22:14.760]  Wisconsin, if you can't go to a grand jury,
[01:22:14.760 --> 01:22:21.760]  they're going to have a remedy because they get corrupt prosecutors,
[01:22:21.760 --> 01:22:30.760]  and they're not going to create a situation where a corrupt prosecutor can take control of a jurisdiction.
[01:22:30.760 --> 01:22:34.760]  Find your check and balance. You're going to have one.
[01:22:34.760 --> 01:22:42.760]  Okay. Now, remember, this was the mouth-moving of a DA making mouth sounds and said that we don't have a grand jury.
[01:22:42.760 --> 01:22:49.760]  Yet, I can go to wisconsincourts.gov under their glossary section.
[01:22:49.760 --> 01:22:53.760]  In Wisconsin, grand juries are made up of 17 jurors.
[01:22:53.760 --> 01:22:56.760]  Then you have one.
[01:22:56.760 --> 01:22:57.760]  Yeah.
[01:22:57.760 --> 01:22:59.760]  Okay. How do you get to it?
[01:22:59.760 --> 01:23:01.760]  You know, in Pennsylvania, they have a grand jury,
[01:23:01.760 --> 01:23:07.760]  but it says only the district court can convene a grand jury and only he can present to them.
[01:23:07.760 --> 01:23:09.760]  Do you have something like that in Wisconsin?
[01:23:09.760 --> 01:23:15.760]  Well, the closest that we seem to have is under 968.
[01:23:15.760 --> 01:23:25.760]  I'll pull up 968 here because 968 is where a complaint is written in the central facts of an offense being charged,
[01:23:25.760 --> 01:23:31.760]  and I can take and have any judge or district attorney sign a criminal complaint.
[01:23:31.760 --> 01:23:36.760]  Later on in 968, it says under issuance of filings and complaint,
[01:23:36.760 --> 01:23:44.760]  it mentions that a judge can convene an investigation,
[01:23:44.760 --> 01:23:47.760]  and I'm assuming that that would be the grand jury.
[01:23:47.760 --> 01:23:51.760]  No, no, that's going to be like, no, that's going to,
[01:23:51.760 --> 01:23:59.760]  the judge will just either issue a determination of probable cause
[01:23:59.760 --> 01:24:04.760]  or he could delay the issue to the determination of probable cause and ask for an inquiry.
[01:24:04.760 --> 01:24:06.760]  That's not going to be grand jury.
[01:24:06.760 --> 01:24:11.760]  Look for duties of grand jurors.
[01:24:11.760 --> 01:24:14.760]  In Texas, it says it shall be the primary,
[01:24:14.760 --> 01:24:21.760]  it shall be the duty of the grand jury to investigate into all criminal accusations that come to their,
[01:24:21.760 --> 01:24:28.760]  that come by way of their own knowledge or by way of the prosecuting attorney or any credible person.
[01:24:28.760 --> 01:24:34.760]  Now the Fed says, and most of the states mimic what the Fed says,
[01:24:34.760 --> 01:24:45.760]  is the grand jury shall inquire into all criminal accusations that come to their knowledge by whatever means.
[01:24:45.760 --> 01:24:52.760]  So that opens the door for anybody not to present to a grand jury,
[01:24:52.760 --> 01:24:57.760]  but to give the grand jury notice that a crime has been committed.
[01:24:57.760 --> 01:25:05.760]  Now a private citizen can present to a grand jury if the grand jury invites them to do so.
[01:25:05.760 --> 01:25:10.760]  The prosecuting attorney will say only he can present to a grand jury.
[01:25:10.760 --> 01:25:12.760]  Not true.
[01:25:12.760 --> 01:25:21.760]  Only a prosecuting attorney may present to a grand jury as a matter of right,
[01:25:21.760 --> 01:25:25.760]  but anyone can present to a grand jury if they're invited.
[01:25:25.760 --> 01:25:34.760]  But also notifying a grand jury that a crime's been committed is not a presentment.
[01:25:34.760 --> 01:25:37.760]  It's simply notification.
[01:25:37.760 --> 01:25:45.760]  And if anyone attempts to interfere with you in giving notice to a grand jury, tamper with the witness.
[01:25:45.760 --> 01:25:48.760]  So look at Wisconsin law.
[01:25:48.760 --> 01:25:55.760]  It's almost certainly, it's going to follow this pretty close because most of the states are,
[01:25:55.760 --> 01:26:00.760]  other than the 13 colonies, are designed on Spanish law.
[01:26:00.760 --> 01:26:05.760]  And this is primarily how the Spanish law system works.
[01:26:05.760 --> 01:26:12.760]  The 13 colonies are built on the common law and their commonwealths are somewhat different.
[01:26:12.760 --> 01:26:18.760]  And then there's Louisiana, but Louisiana, that's a whole other animal.
[01:26:18.760 --> 01:26:22.760]  It's on CUNES law, so we won't even go there.
[01:26:22.760 --> 01:26:23.760]  Okay, but look at it.
[01:26:23.760 --> 01:26:26.760]  There's going to be a provision.
[01:26:26.760 --> 01:26:31.760]  I found the provision 96840, Paran 1, selection of a grand jury list.
[01:26:31.760 --> 01:26:37.760]  Any judge may, in writing, order a clerk of time to select a grand jury list within a specified time.
[01:26:37.760 --> 01:26:42.760]  So that, to me, says any judge can go ahead and say, yeah, we need a grand jury.
[01:26:42.760 --> 01:26:43.760]  Yeah, okay.
[01:26:43.760 --> 01:26:48.760]  Once a grand jury is in panel, the code's going to say how long they sit.
[01:26:48.760 --> 01:26:53.760]  And something is going to define the duties of the grand jury.
[01:26:53.760 --> 01:26:57.760]  Now, keep in mind, we were talking about Constitution earlier.
[01:26:57.760 --> 01:27:01.760]  Constitution does not grant you any rights.
[01:27:01.760 --> 01:27:11.760]  Constitution restricts the activities of public officials as they concern your rights.
[01:27:11.760 --> 01:27:20.760]  You, a public official, may only do what they are specifically authorized to do by statute.
[01:27:20.760 --> 01:27:28.760]  You, on the other hand, as the master, you may do anything you want to
[01:27:28.760 --> 01:27:34.760]  so long as the law does not specifically forbid you to do so.
[01:27:34.760 --> 01:27:43.760]  So if there is a grand jury and there is no law saying that a private citizen may not give notice
[01:27:43.760 --> 01:27:47.760]  to a grand jury of the commission of crime, then you may do so.
[01:27:47.760 --> 01:27:55.760]  And anyone who would interfere with you would run foul of ATUS Code 242 or the state's equivalent,
[01:27:55.760 --> 01:27:58.760]  official oppression or official misconduct.
[01:27:58.760 --> 01:28:02.760]  So the point of that is when you read the grand jury stuff,
[01:28:02.760 --> 01:28:07.760]  it's not going to say you can go to the grand jury.
[01:28:07.760 --> 01:28:13.760]  So you have to look at it and say, is there anything in there saying that I can't?
[01:28:13.760 --> 01:28:17.760]  If there's not, then I can go do it.
[01:28:17.760 --> 01:28:23.760]  So look that over and call us next week and tell us what you find.
[01:28:23.760 --> 01:28:27.760]  All right. Thank you much for your time this evening, gentlemen.
[01:28:27.760 --> 01:28:28.760]  Thank you, Mark.
[01:28:28.760 --> 01:28:30.760]  You're welcome, Mark.
[01:28:30.760 --> 01:28:35.760]  Okay. We've got another about a minute and a half.
[01:28:35.760 --> 01:28:39.760]  And we're going to go to Jonathan in Illinois.
[01:28:39.760 --> 01:28:41.760]  Hello, Mr. Jonathan.
[01:28:41.760 --> 01:28:44.760]  What do you have for us today?
[01:28:44.760 --> 01:28:45.760]  Time's up.
[01:28:45.760 --> 01:28:48.760]  Go ahead.
[01:28:48.760 --> 01:28:51.760]  First of all, I just want to thank you guys very much.
[01:28:51.760 --> 01:28:54.760]  I just want to say God bless you guys for stepping up in your calling
[01:28:54.760 --> 01:28:59.760]  and where God has allowed you the ability to bloom where you plant it.
[01:28:59.760 --> 01:29:02.760]  I just want to say thanks for that, first of all.
[01:29:02.760 --> 01:29:04.760]  Thank you.
[01:29:04.760 --> 01:29:07.760]  I'm going through a foreclosure.
[01:29:07.760 --> 01:29:08.760]  Oh, wait.
[01:29:08.760 --> 01:29:09.760]  Hold on a second.
[01:29:09.760 --> 01:29:13.760]  I've got to turn on the air conditioner.
[01:29:13.760 --> 01:29:17.760]  What's the temperature in Illinois?
[01:29:17.760 --> 01:29:21.760]  This is the first time it's been both freezing in a while.
[01:29:21.760 --> 01:29:24.760]  It got up to about 45 today.
[01:29:24.760 --> 01:29:27.760]  I grew up on the near-north side of Chicago.
[01:29:27.760 --> 01:29:30.760]  I really appreciate it that it's not freezing here.
[01:29:30.760 --> 01:29:32.760]  Okay. I'm sorry I interrupted.
[01:29:32.760 --> 01:29:33.760]  That was cackling.
[01:29:33.760 --> 01:29:35.760]  No reason to rub it in, Randy.
[01:29:35.760 --> 01:29:37.760]  I wouldn't rub it in.
[01:29:37.760 --> 01:29:40.760]  It really never gets cold in Texas.
[01:29:40.760 --> 01:29:43.760]  That's just a bunch of Yankee propaganda.
[01:29:43.760 --> 01:29:44.760]  Hang on, Jonathan.
[01:29:44.760 --> 01:29:47.760]  We will pick you up on the other side, Randy Kelton, Steve Skidmore,
[01:29:47.760 --> 01:29:54.760]  Joe Esquivel, Rule of Law Radio, our calling number, 512-646-1984.
[01:29:54.760 --> 01:30:02.760]  We'll be right back.
[01:30:02.760 --> 01:30:03.760]  Look out.
[01:30:03.760 --> 01:30:04.760]  I've got X-ray vision.
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[01:30:16.760 --> 01:30:18.760]  Privacy is under attack.
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[01:30:26.760 --> 01:30:28.760]  So protect your rights.
[01:30:28.760 --> 01:30:32.760]  Say no to surveillance and keep your information to yourself.
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[01:31:53.760 --> 01:31:56.760]  For more justice to my son, my uncle, my nephew, my son,
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[01:33:00.760 --> 01:33:04.760]  Looking for some truth?
[01:33:04.760 --> 01:33:21.760]  You found it, LogosRadioNetwork.com.
[01:33:34.760 --> 01:33:41.760]  Okay, we are back.
[01:33:41.760 --> 01:33:46.760]  Brandon Kelton with East Kidmore, Phil Esquivel with LogosRadio,
[01:33:46.760 --> 01:33:50.760]  and we're going to Jonathan in Illinois.
[01:33:50.760 --> 01:33:54.760]  Okay, Jonathan, where were we?
[01:33:54.760 --> 01:34:01.760]  So, I had a weird set of events happen to me,
[01:34:01.760 --> 01:34:07.760]  and so because of that I had to let my house go into foreclosure.
[01:34:07.760 --> 01:34:10.760]  Hold on a second, move the mic a little bit away from your mouth.
[01:34:10.760 --> 01:34:13.760]  You're kind of booming into the mic.
[01:34:13.760 --> 01:34:15.760]  Okay, is that a little bit better?
[01:34:15.760 --> 01:34:17.760]  Much better.
[01:34:17.760 --> 01:34:20.760]  Okay, sorry about that.
[01:34:20.760 --> 01:34:28.760]  And so I stopped making payments on my property that I live in about three or four years ago,
[01:34:28.760 --> 01:34:34.760]  and I kind of was just going to see if I could write it out as long as I can,
[01:34:34.760 --> 01:34:42.760]  and I still don't actually have any very good understanding of the law.
[01:34:42.760 --> 01:34:46.760]  Okay, let me ask you a few questions.
[01:34:46.760 --> 01:34:49.760]  Who was the original lender?
[01:34:49.760 --> 01:34:56.760]  The original lender was – I just went down to the courthouse today to the –
[01:34:56.760 --> 01:35:02.760]  Okay, when I say original lender, I'm talking about the last mortgage document.
[01:35:02.760 --> 01:35:06.760]  If it was refinanced, then we'll call him the original lender.
[01:35:06.760 --> 01:35:13.760]  Okay, that would be through – it was Bank of America, and now it has been transferred over to –
[01:35:13.760 --> 01:35:16.760]  No, no, no, no, no, no, don't get ahead of me, don't get ahead of me.
[01:35:16.760 --> 01:35:21.760]  Okay, I always ask that first question because my second question will be,
[01:35:21.760 --> 01:35:23.760]  is that original lender still in business?
[01:35:23.760 --> 01:35:26.760]  The Census Bank of America, yes, they are.
[01:35:26.760 --> 01:35:27.760]  Yes.
[01:35:27.760 --> 01:35:33.760]  Is there an assignment in the record by Bank of America
[01:35:33.760 --> 01:35:41.760]  assigning the note and mortgage to some other party?
[01:35:41.760 --> 01:35:42.760]  I believe so.
[01:35:42.760 --> 01:35:44.760]  I just printed it out, and I'll read it off here.
[01:35:44.760 --> 01:35:46.760]  Okay, okay, stop, stop.
[01:35:46.760 --> 01:35:58.760]  The reason I'm going here is we need to get in our mind the difference between what we think and what we know.
[01:35:58.760 --> 01:36:06.760]  Now, people send you stuff, stuff you get in the mail, certified mail.
[01:36:06.760 --> 01:36:15.760]  What that stuff says is what people just say, but that has no real authority.
[01:36:15.760 --> 01:36:19.760]  The only thing that has any authority is what is in the record.
[01:36:19.760 --> 01:36:26.760]  So the only thing you really know is what is in the record.
[01:36:26.760 --> 01:36:33.760]  The rest of that stuff, you know, I've got an issue here where this substitute trustee claims to have acted
[01:36:33.760 --> 01:36:40.760]  for Nation Star and sold the property to Federal Home Loan Mortgage Company.
[01:36:40.760 --> 01:36:44.760]  Well, we don't know if Nation Star or Federal Home Loan had anything to do with this.
[01:36:44.760 --> 01:36:46.760]  An objection hearsay.
[01:36:46.760 --> 01:36:54.760]  Yeah, all we know is this guy, the substitute trustee, he said this stuff.
[01:36:54.760 --> 01:36:58.760]  So we only know he filed this document and he said this stuff.
[01:36:58.760 --> 01:37:02.760]  So look at the documents in the record.
[01:37:02.760 --> 01:37:09.760]  That's where we invalidate the documents because he's in a mortgage state, right?
[01:37:09.760 --> 01:37:12.760]  So that is a judicial state.
[01:37:12.760 --> 01:37:16.760]  So he's been served with a complaint in Illinois.
[01:37:16.760 --> 01:37:19.760]  So there is no deed of trust.
[01:37:19.760 --> 01:37:21.760]  There is no notice of default.
[01:37:21.760 --> 01:37:24.760]  Everything is judicial in that state.
[01:37:24.760 --> 01:37:29.760]  So he's in a little different situation, but he does go to public record.
[01:37:29.760 --> 01:37:30.760]  Yes.
[01:37:30.760 --> 01:37:31.760]  Yeah.
[01:37:31.760 --> 01:37:40.760]  The guy who filed, okay, there's this lawyer who filed this original petition for closure.
[01:37:40.760 --> 01:37:49.760]  Now, all you really know is this guy signed this document and he said some stuff.
[01:37:49.760 --> 01:38:00.760]  So now you go back to the county record and see if the stuff he said is born out in the county record.
[01:38:00.760 --> 01:38:10.760]  So before you try to determine how to adjudicate your case, look at the court record.
[01:38:10.760 --> 01:38:15.760]  This is one thing that hardly anybody out there is doing.
[01:38:15.760 --> 01:38:32.760]  And a company may come to foreclose and they may be the actual bona fide holder of the complete total note including the beneficial interest and the security instrument.
[01:38:32.760 --> 01:38:49.760]  The problem is, is because of what Joe was talking about earlier, the song and dance and seltzer down your pants MERS was doing, that they did not get the proper filings in the county record.
[01:38:49.760 --> 01:38:57.760]  So even if this guy is the bona fide holder, he can't prove it.
[01:38:57.760 --> 01:39:01.760]  And if he can't prove it, he can't adjudicate it.
[01:39:01.760 --> 01:39:04.760]  That is absolutely the first place you go.
[01:39:04.760 --> 01:39:28.760]  The only time I would ever go to bifurcation of the note and the security instrument, the sale of the C, beneficial interest, the only time I'd go to that is after I looked at the record and the record clearly shows that this entity has agency standing in capacity.
[01:39:28.760 --> 01:39:30.760]  Does that make sense, Jonathan?
[01:39:30.760 --> 01:39:32.760]  Yes, it does.
[01:39:32.760 --> 01:39:39.760]  I actually listened to your program back from the 7th of February where I talked about that.
[01:39:39.760 --> 01:39:47.760]  So today I did go down to the recorder of deeds and I had them, I told them the same verbage you said to use.
[01:39:47.760 --> 01:39:57.760]  I said I'm computer intolerant and I need help and I need you to print out everything that you can find for this address.
[01:39:57.760 --> 01:40:04.760]  And so I now in front of me have everything that is pertaining to my address.
[01:40:04.760 --> 01:40:16.760]  And actually I had them print out the last paper of the judicial sale of deed from the previous owner also.
[01:40:16.760 --> 01:40:18.760]  Okay.
[01:40:18.760 --> 01:40:25.760]  Who is the plaintiff in the foreclosure action?
[01:40:25.760 --> 01:40:27.760]  Okay.
[01:40:27.760 --> 01:40:36.760]  The current plaintiff of what I was just served in the mail is NationStar Mortgage LLC.
[01:40:36.760 --> 01:40:55.760]  Is there a notice of transfer or assignment of the note and security instrument from Bank of America to NationStar in the record?
[01:40:55.760 --> 01:41:07.760]  Okay. The only thing in record, and I just wanted to say this first, but yes there is an assignment of mortgage where it goes and then transfers that over.
[01:41:07.760 --> 01:41:13.760]  And what was going on here is I didn't understand the whole legal process and in fact I just went on to-
[01:41:13.760 --> 01:41:14.760]  Okay, okay, okay.
[01:41:14.760 --> 01:41:23.760]  Only thing to understand is did Bank of America transfer to NationStar?
[01:41:23.760 --> 01:41:26.760]  I'm reading it right now.
[01:41:26.760 --> 01:41:34.760]  It says send over and deliver to BAC Home Loan Servicing and also-
[01:41:34.760 --> 01:41:36.760]  Okay, you were with the GSC, Jonathan.
[01:41:36.760 --> 01:41:37.760]  All right.
[01:41:37.760 --> 01:41:39.760]  Hold on, hold on.
[01:41:39.760 --> 01:41:40.760]  There's something else.
[01:41:40.760 --> 01:41:44.760]  You said Bank of America was the lender.
[01:41:44.760 --> 01:41:51.760]  Was it Bank of America or BAC Home Loans?
[01:41:51.760 --> 01:41:56.760]  And on here it says BAC Home Loans Servicing.
[01:41:56.760 --> 01:42:02.760]  Is that the original lender?
[01:42:02.760 --> 01:42:04.760]  The- I don't want to-
[01:42:04.760 --> 01:42:05.760]  Okay.
[01:42:05.760 --> 01:42:06.760]  The terminology-
[01:42:06.760 --> 01:42:07.760]  All right.
[01:42:07.760 --> 01:42:08.760]  Let me jump in for a second, all right?
[01:42:08.760 --> 01:42:09.760]  Yes.
[01:42:09.760 --> 01:42:17.760]  Basically what has happened, Jonathan, is that they have assigned your mortgage to these servicers, what they are claiming, all right?
[01:42:17.760 --> 01:42:23.760]  And automatically what that's telling me is an interest of your mortgage loan instrument was sold-
[01:42:23.760 --> 01:42:24.760]  Wait, wait, wait.
[01:42:24.760 --> 01:42:27.760]  Joe, we didn't get there yet.
[01:42:27.760 --> 01:42:30.760]  I was leading to that.
[01:42:30.760 --> 01:42:32.760]  We didn't quite get there yet.
[01:42:32.760 --> 01:42:38.760]  There's a real important distinction to make here.
[01:42:38.760 --> 01:42:53.760]  BAC Home Loans Servicing may well be a wholly owned subsidiary of Bank of America, but it is not Bank of America.
[01:42:53.760 --> 01:43:01.760]  So if Bank of America National Association was the original lender,
[01:43:01.760 --> 01:43:16.760]  then in order for BAC Home Loans Servicing to have any standing, there would have to be an assignment from Bank of America National Association to BAC Home Loans Servicing.
[01:43:16.760 --> 01:43:20.760]  Is there one of those in the record?
[01:43:20.760 --> 01:43:26.760]  When you say original lender, is that who owns the mortgage now or who originally-
[01:43:26.760 --> 01:43:33.760]  No, that's who came to the table and allegedly sold you your house at closing.
[01:43:33.760 --> 01:43:34.760]  Exactly.
[01:43:34.760 --> 01:43:40.760]  So if all of these are in order, then you want to talk to Joe.
[01:43:40.760 --> 01:43:43.760]  And he'll show you why they're garbage.
[01:43:43.760 --> 01:43:45.760]  And we'll get to that when we come back on the other side.
[01:43:45.760 --> 01:43:50.760]  Randy Kelton, Luke Skidmore, Joe Esquivel, Rue La Radio.
[01:43:50.760 --> 01:43:59.760]  Call in number 512-646-1984. Give us a call. Get in line. It fills up toward the end. We'll be right back.
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[01:46:00.760 --> 01:46:28.760]  Okay.
[01:46:28.760 --> 01:46:38.760]  Okay, we are back. Randy Kelton, Steve Skidmore, Rule of Law Radio, and we were talking to Jonathan in Illinois.
[01:46:38.760 --> 01:46:46.760]  Okay, Jonathan, I'm kind of using you to demonstrate how to think about these things.
[01:46:46.760 --> 01:46:55.760]  You know, one of the things that when you're dealing in the legal realm is never stipulate to anything.
[01:46:55.760 --> 01:47:02.760]  When I say that, that sounds easy, but in practice, it's not so easy.
[01:47:02.760 --> 01:47:03.760]  No, it's not.
[01:47:03.760 --> 01:47:11.760]  Because what you're stipulating to without thinking about it is not always obvious.
[01:47:11.760 --> 01:47:25.760]  So you want to look at these documents filed in the record and ask yourself, what do I really know from this document?
[01:47:25.760 --> 01:47:32.760]  And technically, all you really know is that somebody signed this document.
[01:47:32.760 --> 01:47:36.760]  You know that because the signatures on the document.
[01:47:36.760 --> 01:47:42.760]  The rest of it is what this person claimed.
[01:47:42.760 --> 01:47:50.760]  Now, is there something that validates or verifies what this person has claimed?
[01:47:50.760 --> 01:48:01.760]  Anything anyone has claimed must be supported by direct evidence.
[01:48:01.760 --> 01:48:13.760]  And so one thing is if the two company names are not exactly the same, there must be a direct line from one to the other.
[01:48:13.760 --> 01:48:26.760]  If you go through this and you find what appears to be a direct line from one to the other, I can assure you that's a bunch of crapola.
[01:48:26.760 --> 01:48:41.760]  And when I find this, then I want to go to Joe because what Joe's going to do is he's going to go in and find out whose names are really attached to these.
[01:48:41.760 --> 01:48:56.760]  And then when you take the names that Joe comes up with and you take the names that are in the county record and you go to the court and you file a claim, you know, like a petition, a declaratory judgment,
[01:48:56.760 --> 01:49:03.760]  asking them to declare that this particular document is fraudulent and void of no force and effect.
[01:49:03.760 --> 01:49:09.760]  They're going to come back and say, oh, no, it's not. No, it's not. We have standing because of this, that and the other.
[01:49:09.760 --> 01:49:12.760]  Then we go get Joe's stuff and say, well, wait a minute.
[01:49:12.760 --> 01:49:31.760]  Well, what about these guys here that accrued some interest in these in this contract but was never noticed in the record as required by Covenant 16 of the mortgage?
[01:49:31.760 --> 01:49:45.760]  So look very closely at your documentation. And now I want to go to Joe because he had a comment on what he saw in what we talked about.
[01:49:45.760 --> 01:49:47.760]  Okay, Joe, you want to go back to?
[01:49:47.760 --> 01:50:05.760]  Sure, Jonathan. Basically, just by what you've already said, I would take it that the odds are that an interest of your mortgage loan instrument has been sold to a GSE.
[01:50:05.760 --> 01:50:14.760]  So is your loan, is it an FHA loan or a VA loan?
[01:50:14.760 --> 01:50:17.760]  I don't know.
[01:50:17.760 --> 01:50:27.760]  Okay. On your mortgage, it would say FHA and then it's a case number and the right hand side right up right above paragraph one.
[01:50:27.760 --> 01:50:37.760]  Okay, Joe, Jonathan, look in the footer, the footer to each page. If it's an FHA loan, it'll be down there in the footer.
[01:50:37.760 --> 01:50:51.760]  If it's not an FHA loan, it will usually say Fannie Mae Freddie Mac Uniform Instrument number so-and-so. Sometimes it doesn't, but 90% of the time it will.
[01:50:51.760 --> 01:50:55.760]  Fannie Mae Freddie Mac Uniform Instrument with MERS.
[01:50:55.760 --> 01:51:08.760]  All right. So basically, the odds are that an interest of your mortgage loan instrument has been sold to either Fannie Mae Freddie Mac or Ginny Mae.
[01:51:08.760 --> 01:51:21.760]  Now, that being said, an interest, your entire mortgage loan instrument, which is comprised of the tangible promissory note, your mortgage being the security instrument,
[01:51:21.760 --> 01:51:28.760]  which is attached to the intangible payment obligation, which is evidenced by the paper tangible note.
[01:51:28.760 --> 01:51:31.760]  That is your entire mortgage loan instrument.
[01:51:31.760 --> 01:51:46.760]  So what needs to be done is we need to do an analysis of what was to happen, what did happen, and what did not happen pursuant to your statutory requirements of law for the state of Illinois.
[01:51:46.760 --> 01:51:58.760]  You then take those findings, and those would go into the four corners of a pleading, which if it was me, I would start out with declaratory relief.
[01:51:58.760 --> 01:52:11.760]  And then once we get the declaratory relief in the form of a declaratory judgment pertaining to your documents, you would start at point A, and that will just walk you all the way through where you need to be, like Randy said.
[01:52:11.760 --> 01:52:23.760]  We're going to start with point A, and then go to point B, and then go to point C. I am a licensed private investigator, licensed through DPS, State of Texas.
[01:52:23.760 --> 01:52:31.760]  And this is what I do all day long. I look at documents. I look at statutory requirements of law.
[01:52:31.760 --> 01:52:45.760]  And I then provide you an analysis that can educate you so you have an understanding of what exactly happened or what didn't happen, what was supposed to happen.
[01:52:45.760 --> 01:53:04.760]  In addition, I've also created infographics, which are visual representations, so that the layperson or the judge or the attorney can look at visually a one-page chart that's been created for your specific instance and say,
[01:53:04.760 --> 01:53:20.760]  okay, we started out here at point A, then it went to point B, then it went to point C. Oh, and missed D and E. And it's really easy. So you have different ways in which you can proceed.
[01:53:20.760 --> 01:53:28.760]  The question becomes as to what course of action do I want to take?
[01:53:28.760 --> 01:53:38.760]  Jonathan, okay, you have a foreclosure action filed against you. Is that correct?
[01:53:38.760 --> 01:53:43.760]  Yeah. And this is where it kind of got a little bit goofy was because I didn't understand.
[01:53:43.760 --> 01:53:47.760]  Okay. Hold on a second. Have you filed an answer?
[01:53:47.760 --> 01:54:01.760]  Yes, I have. And then they just asked me again to file an answer. After three years of this process, they took me back and they started the process over again completely. And I didn't know if I should…
[01:54:01.760 --> 01:54:03.760]  Whoa, hold on, hold on, hold on.
[01:54:03.760 --> 01:54:05.760]  Statue of limitations.
[01:54:05.760 --> 01:54:20.760]  Very good, Mr. Skidmore. Okay. A lot of this goes to – this is a chess game. So they initiated a foreclosure action three years ago?
[01:54:20.760 --> 01:54:29.760]  Yeah. In 2010, they initiated it. And I filed an answer and an appearance. And then I filed a motion to dismiss.
[01:54:29.760 --> 01:54:37.760]  Okay. Hold on, hold on. What 2010 when? What month?
[01:54:37.760 --> 01:54:48.760]  Let me find the original document here. Sorry, I'm trying to look it up.
[01:54:48.760 --> 01:54:53.760]  I like it when people call in who have their documents in front of them in case you got to ask a question.
[01:54:53.760 --> 01:55:02.760]  Okay. Now, wait a minute. Wait a minute. He's a guy. And guys don't have preparatory genes.
[01:55:02.760 --> 01:55:04.760]  This one does.
[01:55:04.760 --> 01:55:07.760]  Women do, but guys don't. Okay.
[01:55:07.760 --> 01:55:10.760]  His wife must be sitting with him then.
[01:55:10.760 --> 01:55:22.760]  Okay. We'll stop picking on him. Okay. What month? The reason I'm asking this question, they got four years in most states. Some states are six years, but in most states they got four years.
[01:55:22.760 --> 01:55:27.760]  29th of November, 2007.
[01:55:27.760 --> 01:55:34.760]  Okay. They got till November of this year if you have the four-year statute of limitations, and I think Illinois does.
[01:55:34.760 --> 01:55:35.760]  I think so, too.
[01:55:35.760 --> 01:55:43.760]  Okay. When did they re-initiate? Okay. Hold on. Why did they restart the foreclosure action?
[01:55:43.760 --> 01:55:54.760]  I'm not quite sure, and I need to go back to the case file and find out what happened, but I just got a whole page in the mail.
[01:55:54.760 --> 01:55:57.760]  Sorry.
[01:55:57.760 --> 01:56:02.760]  Has this set for over six months?
[01:56:02.760 --> 01:56:05.760]  Since the last I heard from them? Oh, gosh.
[01:56:05.760 --> 01:56:06.760]  Yes.
[01:56:06.760 --> 01:56:09.760]  I don't know exactly. I'll have to look through. I think so.
[01:56:09.760 --> 01:56:22.760]  Just a little bit of information. If someone files an action and they don't prosecute the action for six months, you can petition the court to dismiss for failure to prosecute.
[01:56:22.760 --> 01:56:25.760]  Just a minor little aside.
[01:56:25.760 --> 01:56:27.760]  Well, I have to file for bankruptcy.
[01:56:27.760 --> 01:56:43.760]  Okay. What you want to look for is reason to file a challenge to subject matter jurisdiction. Subject matter jurisdiction is a really, really powerful tool.
[01:56:43.760 --> 01:56:48.760]  These guys filed a foreclosure action.
[01:56:48.760 --> 01:57:11.760]  If you can find evidence to show that they don't have agency standing or capacity, agency as an agent for a principal who has standing by way of a valid security instrument or valid claim against you,
[01:57:11.760 --> 01:57:19.760]  and the legal and contractual capacity to initiate this action.
[01:57:19.760 --> 01:57:24.760]  This is their biggest problem because of MERS.
[01:57:24.760 --> 01:57:32.760]  Because of what they did with MERS, they didn't get their paperwork filed right in the county registrar's office.
[01:57:32.760 --> 01:57:39.760]  They may actually be the right guy, but almost certainly they can't prove it.
[01:57:39.760 --> 01:57:45.760]  And the way to challenge that is, is to challenge subject matter jurisdiction.
[01:57:45.760 --> 01:57:49.760]  Because when you're in Texas, we call that a plea to the jurisdiction.
[01:57:49.760 --> 01:57:54.760]  Plead to the jurisdiction. And that's pretty much the same everywhere.
[01:57:54.760 --> 01:58:01.760]  When a plea is made to the jurisdiction, the court loses jurisdiction.
[01:58:01.760 --> 01:58:10.760]  And the court, not the plaintiff or the other party, the court must prove jurisdiction before it can move ahead.
[01:58:10.760 --> 01:58:18.760]  If the court moves ahead without subject matter jurisdiction, that's the only time you can sue a judge.
[01:58:18.760 --> 01:58:27.760]  So this kind of puts the judge on the dime and brings the one issue that's the most difficult for the court to the forefront.
[01:58:27.760 --> 01:58:32.760]  Agency standing in capacity, and we'll go back to that when we come back on the other side.
[01:58:32.760 --> 01:58:35.760]  We do need to move along. We've got a bunch of callers.
[01:58:35.760 --> 01:58:42.760]  But this is kind of a really important basic concept of how to deal with these things.
[01:58:42.760 --> 01:58:44.760]  So we'll touch on it when we come back.
[01:58:44.760 --> 01:58:49.760]  Randy Kelton, Steve Kidmore, Joe Eskimo, we'll be right back.
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