ROL_2014-03-28_16k_Hr1-2.timecode

[00:00.000 --> 00:05.080]  Well, for months now, we've heard U.S. Senators talk about the need for a clear media shield
[00:05.080 --> 00:06.080]  law.
[00:06.080 --> 00:09.520]  But now one Senator has basically admitted that actual journalists won't be covered
[00:09.520 --> 00:10.520]  at all.
[00:10.520 --> 00:14.680]  I'm Ben Swan with your Truth In Media moment brought to you in part by benswan.com.
[00:14.680 --> 00:17.800]  The idea of a media shield law is flawed from the get-go.
[00:17.800 --> 00:21.440]  Some people think it's a good idea to have a law that expressly states that journalists
[00:21.440 --> 00:26.440]  cannot be compelled to give up their sources to courts or to law enforcement.
[00:26.440 --> 00:30.040]  But of course, members of the U.S. Senate have now used discussion of a media shield
[00:30.040 --> 00:35.920]  law as a way to define who is, and more importantly, who is not, a journalist.
[00:35.920 --> 00:40.000]  Over the course of the past few months, politicians have been saying amateur journalists don't
[00:40.000 --> 00:41.000]  count.
[00:41.000 --> 00:45.480]  Senator Lindsey Graham even explicitly stated he wasn't sure if bloggers deserve First Amendment
[00:45.480 --> 00:47.080]  protections.
[00:47.080 --> 00:51.200]  Senator Dianne Feinstein insisted that real journalists draw salaries from big corporate
[00:51.200 --> 00:52.680]  media companies.
[00:52.680 --> 00:56.800]  Otherwise she said she could not extend the privilege of being called a journalist to
[00:56.800 --> 00:57.800]  them.
[00:57.800 --> 01:01.600]  When WikiLeaks first became a big deal, those working on the legislation actually worked
[01:01.600 --> 01:05.360]  hard to make sure that WikiLeaks would not be covered.
[01:05.360 --> 01:09.120]  As I said, the shield law argument is flawed from the beginning.
[01:09.120 --> 01:12.200]  But how do we know that the shield law won't protect journalists?
[01:12.200 --> 01:15.880]  I'll tell you after this.
[01:15.880 --> 01:19.920]  The destruction of constitutional liberties and endless foreign wars, the voice of the
[01:19.920 --> 01:24.880]  people silenced while lawmakers simply enrich themselves and the political class.
[01:24.880 --> 01:25.880]  I'm Ben Swan.
[01:25.880 --> 01:27.200]  Is it about left versus right?
[01:27.200 --> 01:30.600]  No, the real fight is liberty versus tyranny.
[01:30.600 --> 01:33.980]  At benswan.com, we are breaking the left-right paradigm.
[01:33.980 --> 01:38.840]  We know that the American two-party system is broken and that to restore American liberty
[01:38.840 --> 01:42.840]  means to restore your rights as an individual.
[01:42.840 --> 01:46.960]  At benswan.com, we cover stories the national media won't touch, from the National Defense
[01:46.960 --> 01:53.080]  Authorization Act to nullification, militarization of police, and crony capitalism.
[01:53.080 --> 02:01.480]  We are the face of new media, benswan.com, where humanity is greater than politics.
[02:01.480 --> 02:04.680]  Well consider for a moment what New York Senator Chuck Schumer said last week.
[02:04.680 --> 02:09.880]  Schumer discussing the media shield law provisions and how, if it became law, it might affect
[02:09.880 --> 02:15.160]  journalist Glenn Greenwald, who reported on the NSA secret surveillance based on documents
[02:15.160 --> 02:20.600]  leaked by Edward Snowden, quote, it's probably not enough protections to cover him, but it's
[02:20.600 --> 02:22.880]  better than current law, end quote.
[02:22.880 --> 02:24.700]  Now that's exactly the problem here.
[02:24.700 --> 02:27.840]  We already have a media shield law in place.
[02:27.840 --> 02:29.520]  It's called the First Amendment.
[02:29.520 --> 02:34.080]  By these senators needing to define protections, what they're actually doing is defining who
[02:34.080 --> 02:35.880]  is not protected.
[02:35.880 --> 02:40.480]  If Glenn Greenwald can be arrested or blocked from reporting on Edward Snowden's revelations
[02:40.480 --> 02:46.280]  about the NSA, therefore preventing that information from being made public, then true journalism
[02:46.280 --> 02:48.480]  does not exist anymore.
[02:48.480 --> 02:52.280]  Everything else just becomes state run propaganda.
[02:52.280 --> 02:56.880]  For stories that affect your liberty, you can find me online at benswan.com, where humanity
[02:56.880 --> 03:01.880]  is greater than politics.
[03:01.880 --> 03:31.360]  And good evening, ladies and gentlemen, I am Steve Skidmore and today is, oh no, today
[03:31.360 --> 03:33.640]  is not January.
[03:33.640 --> 03:39.960]  We had a power outage over here earlier, so my computer is trying to tell me it's January
[03:39.960 --> 03:40.960]  1st.
[03:40.960 --> 03:41.960]  It is not.
[03:41.960 --> 03:42.960]  It is March the 20th.
[03:42.960 --> 03:50.840]  Oh God, Friday, March the 28th, yes, Friday, March the 28th, I'm trying to read my phone.
[03:50.840 --> 03:53.840]  I need my eyeballs.
[03:53.840 --> 03:59.920]  Steve Skidmore to my left is Joe Esquivel, and in the background, barking orders at me
[03:59.920 --> 04:02.000]  trying to correct the time.
[04:02.000 --> 04:05.600]  Thank you very much, Randy Kelton.
[04:05.600 --> 04:15.160]  Joe had an issue or an epiphany that he wanted to go over tonight.
[04:15.160 --> 04:19.680]  I have those every once in a while, and I've got something he can take for it.
[04:19.680 --> 04:27.000]  They burn like the Dickens, they do, they burn, I hate them.
[04:27.000 --> 04:30.880]  Yeah, the doctor told me to rub a little salve on it and it'll go away.
[04:30.880 --> 04:36.000]  But anyway, Joe had an epiphany, and he got something he wanted to get off his chest tonight.
[04:36.000 --> 04:37.000]  What did you learn, Joe?
[04:37.000 --> 04:38.000]  Well, we had a couple of things.
[04:38.000 --> 04:39.000]  All right, one, hi everybody.
[04:39.000 --> 04:40.000]  This is Joe.
[04:40.000 --> 04:41.000]  That is Joe.
[04:41.000 --> 04:42.000]  Right there is Joe.
[04:42.000 --> 04:43.000]  I'm me.
[04:43.000 --> 04:44.000]  That's Joe.
[04:44.000 --> 04:49.520]  And first and foremost, I am not an attorney.
[04:49.520 --> 04:54.640]  Nothing that I say in this show shall be construed as legal advice or legal opinion.
[04:54.640 --> 04:59.240]  If you need legal advice, there's others you can contact.
[04:59.240 --> 05:01.080]  So learned to counsel.
[05:01.080 --> 05:02.080]  That's right.
[05:02.080 --> 05:08.600]  That being said, I am a licensed private investigator, licensed through Texas DPS Department of Public
[05:08.600 --> 05:09.600]  Safety.
[05:09.600 --> 05:17.280]  And with that, one of the things I had a couple of guys that give you tickets, that's it.
[05:17.280 --> 05:23.160]  So I was talking to a number of probably two or three different people today, not today,
[05:23.160 --> 05:28.920]  probably like Tuesday or Wednesday, and we were talking about, they were talking about
[05:28.920 --> 05:34.680]  separation of the note, separation of mortgage, bifurcation.
[05:34.680 --> 05:40.040]  And when I was talking to them, Steve, one of the things that came up was that I also
[05:40.040 --> 05:46.560]  talk about bifurcation of the payment intangible, all right?
[05:46.560 --> 05:49.680]  The intangible revenue stream from the tangible.
[05:49.680 --> 05:52.120]  From the tangible promissory note.
[05:52.120 --> 05:55.760]  Intangible note being what everybody refers to as the wet ink document.
[05:55.760 --> 05:58.840]  The wet ink, blue signature ink.
[05:58.840 --> 06:01.360]  Blue signature, blue ink, yes.
[06:01.360 --> 06:13.280]  And the reason that this is important is because, yes, 99 out of 100 times we have a bifurcation
[06:13.280 --> 06:18.600]  of the note and a bifurcation of the security instrument.
[06:18.600 --> 06:24.920]  However, what we also find out, if we start looking at these RMBSs, and we start looking
[06:24.920 --> 06:26.920]  at many of these-
[06:26.920 --> 06:29.160]  Find RMBS.
[06:29.160 --> 06:31.000]  Residential mortgage backed security.
[06:31.000 --> 06:32.000]  Okay.
[06:32.000 --> 06:35.640]  It's also referred to as an SPV, special-
[06:35.640 --> 06:36.640]  Special Purpose Vehicle.
[06:36.640 --> 06:37.640]  Correct.
[06:37.640 --> 06:38.640]  Yeah.
[06:38.640 --> 06:48.080]  And in looking at these, you become aware that in addition to the bifurcation of the
[06:48.080 --> 06:55.320]  tangible promissory note and the security instrument, there's also bifurcation of the
[06:55.320 --> 06:59.800]  debt from the tangible promissory note.
[06:59.800 --> 07:03.040]  Now, this is legal.
[07:03.040 --> 07:05.240]  You can do this all day long.
[07:05.240 --> 07:10.920]  To give you an example, Steve, if you were to own a strip shopping center down here in
[07:10.920 --> 07:18.600]  downtown Pflugerville, and within the shopping center, you had 10 stores.
[07:18.600 --> 07:22.000]  And let's say you had nine tenants out of 10 stores.
[07:22.000 --> 07:23.080]  One vacancy.
[07:23.080 --> 07:25.560]  And you've fallen behind in your bills.
[07:25.560 --> 07:26.560]  Naturally.
[07:26.560 --> 07:30.640]  And you're trying to figure out, oh my God, I've got more bills and I've got money.
[07:30.640 --> 07:31.640]  Sure.
[07:31.640 --> 07:32.640]  The economy sucks.
[07:32.640 --> 07:37.440]  So suddenly you wake up one night and you're like, wait a minute.
[07:37.440 --> 07:41.080]  I've got money.
[07:41.080 --> 07:42.080]  Revenue streams.
[07:42.080 --> 07:43.080]  I've got a revenue stream.
[07:43.080 --> 07:45.360]  I've got nine revenue streams.
[07:45.360 --> 07:52.080]  And you construct those revenue streams, which are in the form of leases, and that's to collect
[07:52.080 --> 07:54.760]  on future economic benefits.
[07:54.760 --> 07:57.840]  I've got a contract with all nine of those guys and they're going to come by for the
[07:57.840 --> 08:03.000]  next 12 months at the beginning of that contract once a month and they're going to pay me 250
[08:03.000 --> 08:04.000]  bucks.
[08:04.000 --> 08:05.000]  Right.
[08:05.000 --> 08:08.800]  So we can sell those and that's legal.
[08:08.800 --> 08:12.600]  Now you're still on the building.
[08:12.600 --> 08:18.800]  And when you look at the mortgage loan instrument being the tangible promise to renote, the
[08:18.800 --> 08:23.480]  intangible payment obligation, which is your promise to pay, the right to receive future
[08:23.480 --> 08:30.240]  economic benefits, and the security instrument being either a mortgage or a deed of trust
[08:30.240 --> 08:41.440]  or state of Georgia, a security deed, all right, you find out that you can sell an interest.
[08:41.440 --> 08:49.560]  Now the crazy part is that the banks in a large number of these loans, Steve, they told
[08:49.560 --> 08:51.080]  us what they were going to do.
[08:51.080 --> 08:52.080]  Yeah.
[08:52.080 --> 08:53.080]  Covenant 20.
[08:53.080 --> 08:55.740]  Covenant 20 or Covenant 19.
[08:55.740 --> 09:02.160]  But usually if you're looking at a Freddie Fannie multi-state uniform instrument, and
[09:02.160 --> 09:09.520]  again, all 50 states have codified their version of this Freddie Fannie negotiable instrument
[09:09.520 --> 09:12.040]  and also Freddie Fannie security instrument.
[09:12.040 --> 09:13.040]  Yep.
[09:13.040 --> 09:18.200]  So if you look within security instrument being either a mortgage or a deed of trust,
[09:18.200 --> 09:25.440]  many times, again, not every time, but let's say the majority of the time, it'll say within
[09:25.440 --> 09:32.640]  Covenant 20 or Covenant 19, where they talk about what they're going to do.
[09:32.640 --> 09:36.400]  Sale of the note.
[09:36.400 --> 09:37.400]  What else?
[09:37.400 --> 09:38.400]  Okay.
[09:38.400 --> 09:45.960]  To the best of my recollection, most deeds of trust, Covenant 20 or 19, says, sale of
[09:45.960 --> 09:47.500]  the note.
[09:47.500 --> 09:53.240]  The lender may sell the note or an interest in-
[09:53.240 --> 09:59.680]  In other words, says the lender may sell a portion of the note or the entire note together
[09:59.680 --> 10:01.680]  with the security instrument.
[10:01.680 --> 10:02.680]  Correct.
[10:02.680 --> 10:03.680]  Yes.
[10:03.680 --> 10:04.680]  Yes.
[10:04.680 --> 10:05.680]  Yes.
[10:05.680 --> 10:06.680]  Yes.
[10:06.680 --> 10:09.200]  So they're giving us what they intend to do.
[10:09.200 --> 10:11.360]  And what else did they do?
[10:11.360 --> 10:17.160]  Randy, you love this because they run down to the county recorder's office and they record
[10:17.160 --> 10:18.160]  it.
[10:18.160 --> 10:25.880]  So not only did they tell us what they were going to do, now it's prima facie evidence.
[10:25.880 --> 10:28.480]  Well they gave us partial disclosure.
[10:28.480 --> 10:29.480]  Well they gave us part.
[10:29.480 --> 10:30.480]  Well it's something.
[10:30.480 --> 10:39.960]  They told us they were going to sell a portion of the note or the entire note, but they didn't
[10:39.960 --> 10:40.960]  tell it.
[10:40.960 --> 10:43.000]  Together with the security-
[10:43.000 --> 10:47.520]  That's the part they didn't tell us, is they weren't going to do it together with the security
[10:47.520 --> 10:48.520]  instrument.
[10:48.520 --> 10:49.520]  Oh.
[10:49.520 --> 10:50.520]  Oh.
[10:50.520 --> 10:51.520]  So you mean-
[10:51.520 --> 10:52.520]  If they did it that way, it'd be okay.
[10:52.520 --> 10:58.640]  So you mean that they violated Covenant 20 right off the bat within 30 days or within
[10:58.640 --> 10:59.640]  90 days?
[10:59.640 --> 11:00.640]  No.
[11:00.640 --> 11:02.080]  They did what they were going to do.
[11:02.080 --> 11:03.320]  They said it.
[11:03.320 --> 11:06.760]  We will sell the note or a partial interest in the note.
[11:06.760 --> 11:13.820]  They Xeroxed it and put all the value on that Xerox copy and sold that Xerox copy into Aramic.
[11:13.820 --> 11:20.360]  So what they tried to do was to attach a real property value to a transferable record.
[11:20.360 --> 11:22.040]  Oh, you can't do that.
[11:22.040 --> 11:23.040]  No.
[11:23.040 --> 11:27.560]  I don't believe that the transferable record, I mean it's a copy.
[11:27.560 --> 11:33.160]  If I take a copy of a dollar bill and I give it to Randy, you think he'd know the difference?
[11:33.160 --> 11:35.000]  Yeah.
[11:35.000 --> 11:37.800]  You don't think he could go to the store and cash it?
[11:37.800 --> 11:38.800]  No.
[11:38.800 --> 11:39.800]  No.
[11:39.800 --> 11:42.920]  Somebody's going to call the police on him because he's trying to counterfeit-
[11:42.920 --> 11:45.040]  Is that why they did that?
[11:45.040 --> 11:46.040]  United States paper.
[11:46.040 --> 11:51.840]  That might be- Randy, oh, a good heads up.
[11:51.840 --> 11:57.860]  If you're going to copy several bills, it might help if you cut them.
[11:57.860 --> 12:01.000]  Don't take them in on one sheet of paper.
[12:01.000 --> 12:02.800]  But yes, the banks do this all the time.
[12:02.800 --> 12:04.400]  You print both sides too.
[12:04.400 --> 12:05.400]  Okay.
[12:05.400 --> 12:07.200]  The banks- Yes.
[12:07.200 --> 12:11.040]  Make copies, electronic digital scanned in copies.
[12:11.040 --> 12:12.040]  Right.
[12:12.040 --> 12:20.400]  And then many times they say, okay, well, we scanned it into our data system.
[12:20.400 --> 12:21.400]  All right.
[12:21.400 --> 12:27.640]  They then contact mortgage electronic registration systems and says, hey, we'd like you to track
[12:27.640 --> 12:31.280]  this.
[12:31.280 --> 12:36.320]  But the whole time, what they're selling is the beneficial interest.
[12:36.320 --> 12:40.880]  One of the biggest cases that was out there in the beginning years ago was he came versus
[12:40.880 --> 12:43.680]  Countrywide.
[12:43.680 --> 12:50.240]  And that's the same case where Linda DiMartini testified that Countrywide sells beneficial
[12:50.240 --> 12:51.240]  interest.
[12:51.240 --> 12:52.240]  Yeah.
[12:52.240 --> 12:55.720]  Countrywide does not sell the tangible promissory note.
[12:55.720 --> 13:06.920]  And that case ended up getting dismissed because Bank of America last standing to foreclose.
[13:06.920 --> 13:13.840]  It didn't create the allange until it was needed and it was never firmly attached to
[13:13.840 --> 13:15.560]  the tangible promissory note.
[13:15.560 --> 13:18.920]  You have a separate piece of paper.
[13:18.920 --> 13:19.920]  Right.
[13:19.920 --> 13:22.640]  It's supposed to be affixed, quote unquote, affixed.
[13:22.640 --> 13:28.720]  But you know what's crazy, have you looked at the Wells Fargo foreclosure manual that's
[13:28.720 --> 13:29.720]  out?
[13:29.720 --> 13:31.280]  Oh, I've looked at it.
[13:31.280 --> 13:32.680]  I haven't read the whole thing.
[13:32.680 --> 13:33.680]  Oh, I'll tell you.
[13:33.680 --> 13:35.480]  I've scanned through it.
[13:35.480 --> 13:40.880]  Well, if you're trying to figure out how to do this, that Wells Fargo foreclosure manual,
[13:40.880 --> 13:43.480]  that will tell you how to do it.
[13:43.480 --> 13:47.960]  That's your instruction manual on how to defraud the American middle class.
[13:47.960 --> 13:48.960]  Yeah.
[13:48.960 --> 13:49.960]  Okay.
[13:49.960 --> 13:56.920]  So, you know, when we're talking about bifurcation of the intangible, right, bifurcation of that
[13:56.920 --> 13:59.280]  payment string.
[13:59.280 --> 14:06.320]  When that happens, Steve, that negotiable instrument is no longer eligible to be recorded.
[14:06.320 --> 14:09.680]  Give it to me one more time.
[14:09.680 --> 14:10.680]  Okay.
[14:10.680 --> 14:12.680]  We were talking about the deed of trust.
[14:12.680 --> 14:14.920]  We were talking about the deed of trust.
[14:14.920 --> 14:24.520]  When they make a copy of the note and sell that copy by attaching value to what you call
[14:24.520 --> 14:26.560]  a transferable record?
[14:26.560 --> 14:27.560]  Correct.
[14:27.560 --> 14:32.880]  They purport to attach a real value to a transferable record.
[14:32.880 --> 14:33.880]  Right.
[14:33.880 --> 14:39.720]  So, they took the value from the wet ink doc, the tangible instrument, took it away.
[14:39.720 --> 14:42.380]  It's just like I've been saying.
[14:42.380 --> 14:49.800]  You can read that note and when it comes to I promise, you can just take that word promise
[14:49.800 --> 14:50.800]  out.
[14:50.800 --> 14:53.480]  You can boil the whole thing down to one word.
[14:53.480 --> 14:56.000]  They're selling one word, promise.
[14:56.000 --> 15:00.280]  The word promise means something in the future, guaranteed.
[15:00.280 --> 15:01.880]  They sell the promise.
[15:01.880 --> 15:02.880]  Yeah.
[15:02.880 --> 15:06.080]  They're selling your promise to pay, I promise to pay.
[15:06.080 --> 15:07.080]  Not anymore.
[15:07.080 --> 15:10.600]  That's been removed and sold to the securities.
[15:10.600 --> 15:14.800]  Well, exactly, the debt has been sold.
[15:14.800 --> 15:15.800]  Right.
[15:15.800 --> 15:21.120]  The note wasn't sold, because in order to sell the note, you have to go to statutes
[15:21.120 --> 15:22.120]  of law.
[15:22.120 --> 15:25.400]  Well, it'd be arguable that the debt was sold.
[15:25.400 --> 15:27.120]  They sell debt all the time.
[15:27.120 --> 15:28.280]  Look at credit card debt.
[15:28.280 --> 15:29.280]  Right.
[15:29.280 --> 15:31.800]  But a debt has to be a legitimate debt.
[15:31.800 --> 15:34.040]  This is no longer a legitimate debt.
[15:34.040 --> 15:38.600]  It's still a debt if the question is whose debt and to whom.
[15:38.600 --> 15:49.600]  All right, so remember, you've got the tangible obligor, the tangible obligi, but suddenly
[15:49.600 --> 15:56.400]  you've got this party that comes in many times being the account debtor, and now they create
[15:56.400 --> 16:04.420]  an obligation off of that payment stream of the tangible promissory note.
[16:04.420 --> 16:09.600]  And they do it day in and day out, and no one is none the wiser.
[16:09.600 --> 16:17.880]  And that's what's being missed when this promise to pay is being stripped.
[16:17.880 --> 16:20.460]  So you don't just have the bifurcation.
[16:20.460 --> 16:25.280]  When you strip that promise to pay, you've reduced the value of the security instrument.
[16:25.280 --> 16:31.740]  All right, because now the security instrument has no debt to attach itself to.
[16:31.740 --> 16:37.680]  And we've got statutes going back to 1854, just in the state of Texas, which supersedes
[16:37.680 --> 16:40.400]  Carpenter versus Lockett.
[16:40.400 --> 16:44.080]  But yes, and I hear the music in the background.
[16:44.080 --> 16:48.080]  I wanted to bring up the issue of counterfeiting when we come back.
[16:48.080 --> 16:49.080]  Folks, 512.
[16:49.080 --> 16:55.840]  We're going to start taking calls early, so 512-646-1984 if you'd like to get in line.
[16:55.840 --> 16:57.880]  We'll be right back after this brief message.
[16:57.880 --> 16:58.880]  Stay tuned.
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[18:50.040 --> 18:59.040]  That's ruleoflawradio.com, or email m-i-c-h-a-e-l-m-i-r-r-a-f at yahoo.com to learn how to stop debt
[18:59.040 --> 19:00.040]  collectors next.
[19:00.040 --> 19:10.040]  You are listening to the Logos Radio Network, l-l-l-logosradionetwork.com.
[19:30.040 --> 19:38.200]  And we're back, folks, I am Steve Skidmore, to my right is Joe Espevelle, in the background
[19:38.200 --> 19:39.200]  making jokes.
[19:39.200 --> 19:44.480]  Over the break is Randy Kelton, Randy will be with us here in just a minute.
[19:44.480 --> 19:50.120]  I wanted to, Joe, were you, did you want to go to counterfeiting or did you want to continue?
[19:50.120 --> 19:51.120]  I'll let you go to counterfeiting.
[19:51.120 --> 19:52.120]  Okay.
[19:52.120 --> 19:53.120]  Let's see what we got.
[19:53.120 --> 19:58.600]  This has raised an issue with me for a long time.
[19:58.600 --> 20:06.960]  Let me go to 18 U.S.C. Chapter 25, counterfeiting.
[20:06.960 --> 20:12.520]  When, okay, you create a negotiable instrument.
[20:12.520 --> 20:16.480]  A dollar bill is also a negotiable instrument, but if you run that dollar bill through a
[20:16.480 --> 20:24.400]  Xerox machine and try to pass it off for fair trade or legal tender or whatever, you want
[20:24.400 --> 20:29.080]  to barter this scanned copy of another piece of paper for goods or services.
[20:29.080 --> 20:31.640]  They call it counterfeiting.
[20:31.640 --> 20:39.520]  And my question is in, let me see, I'll have to redefine my search to come up with the
[20:39.520 --> 20:40.520]  right deal.
[20:40.520 --> 20:48.460]  But I remember reading in Chapter 25, 18 U.S.C. in regard to counterfeiting that counterfeiting
[20:48.460 --> 20:55.160]  is the copying or making a duplicate of a United States security.
[20:55.160 --> 20:59.040]  United States security, specific type of security.
[20:59.040 --> 21:07.080]  A dollar bill could be considered a United States security since 12 U.S.C. 411 states
[21:07.080 --> 21:13.240]  that Federal Reserve notes are obligations of the United States.
[21:13.240 --> 21:21.120]  Now, these mortgage-backed securities, can they too be deemed as obligations of the United
[21:21.120 --> 21:29.080]  States since they are put into securities pools and remics in where anybody in the world,
[21:29.080 --> 21:33.480]  anybody in the international community can come in and invest in these things.
[21:33.480 --> 21:34.480]  Deutsche Bank.
[21:34.480 --> 21:41.320]  Deutsche Bank is headquartered in Germany, hence Deutsche Bank.
[21:41.320 --> 21:45.320]  So given that, I'm not making a statement here.
[21:45.320 --> 21:50.840]  I'm asking a question and I would like to entertain anybody that can speak to any, with
[21:50.840 --> 21:57.680]  any confidence to this issue, I would like to find out if these mortgage-backed securities
[21:57.680 --> 22:06.680]  can be considered or are considered United States securities because if they are, then
[22:06.680 --> 22:13.680]  every time somebody made a photostatic copy or, let me give you the legal term, transferrable
[22:13.680 --> 22:22.920]  instrument, out of a negotiable instrument and placed value on that transferrable instrument,
[22:22.920 --> 22:27.760]  if the original can be considered a United States security, we've got a good case for
[22:27.760 --> 22:31.560]  counter, a good argument for counterfeiting.
[22:31.560 --> 22:33.440]  Joe?
[22:33.440 --> 22:37.080]  I can't argue that.
[22:37.080 --> 22:38.720]  You've got to get closer to the mic.
[22:38.720 --> 22:43.960]  Yeah, that's one I'm not too clear on as far as the statutory requirements pertaining
[22:43.960 --> 22:45.960]  to counterfeiting.
[22:45.960 --> 22:46.960]  Brandy?
[22:46.960 --> 22:55.640]  We're either going to go to counterfeiting or if they say while this is a security and
[22:55.640 --> 23:03.680]  just because it's regulated by the Federal Trade Commission does not necessarily mean
[23:03.680 --> 23:12.600]  it is a United States security, then the copying of the document would be forgery at least.
[23:12.600 --> 23:13.600]  Yes.
[23:13.600 --> 23:14.600]  All right.
[23:14.600 --> 23:20.720]  Now, if we're going to say forgery, then we're going to get into 18 U.S.C. Chapter 47, 1021.
[23:20.720 --> 23:25.160]  And I'm also looking at forgery in Chapter 25, counterfeiting and forgery.
[23:25.160 --> 23:26.160]  All right.
[23:26.160 --> 23:31.680]  But now we're talking criminal and so there's a little bit of a dilemma that we have.
[23:31.680 --> 23:36.640]  Well, I mean, Chapter 25, 18 U.S.C., is that not criminal?
[23:36.640 --> 23:37.640]  Right.
[23:37.640 --> 23:40.960]  But if it's criminal, that means what we're going to have to do is to.
[23:40.960 --> 23:42.560]  I would say it's criminal.
[23:42.560 --> 23:43.560]  Right.
[23:43.560 --> 23:45.760]  It is criminal and that's where we need to go.
[23:45.760 --> 23:52.400]  However, as a layperson, we cannot go forth and make criminal charges.
[23:52.400 --> 23:54.000]  We need to have the DA.
[23:54.000 --> 23:57.640]  We need to present the evidence to the district attorney or the attorney general.
[23:57.640 --> 23:58.640]  Hold on.
[23:58.640 --> 23:59.640]  Hold on.
[23:59.640 --> 24:00.640]  Right.
[24:00.640 --> 24:01.640]  As a not so layperson.
[24:01.640 --> 24:02.920]  Okay.
[24:02.920 --> 24:09.200]  The only reason you would present it to the district attorney is to set up the district
[24:09.200 --> 24:13.480]  attorney so you can file against him or someone else.
[24:13.480 --> 24:21.040]  All complaints in law are directed to some magistrate.
[24:21.040 --> 24:22.040]  Okay.
[24:22.040 --> 24:23.040]  2.09.
[24:23.040 --> 24:26.960]  Texas Code of Criminal Procedure defines magistrates.
[24:26.960 --> 24:29.920]  Who are magistrates?
[24:29.920 --> 24:33.840]  Justices of the Supreme Court, judges of the Court of Criminal Appeals, judges of the Court
[24:33.840 --> 24:40.760]  of Appeals, district judges, county judges, justices of the peace, municipal judges, mayors
[24:40.760 --> 24:43.120]  and recorders.
[24:43.120 --> 24:48.400]  Have no idea what recorders are, but those are magistrates.
[24:48.400 --> 24:52.520]  Nothing in law directs a criminal complaint to a police officer.
[24:52.520 --> 24:54.840]  Nothing directs one to a prosecuting attorney.
[24:54.840 --> 25:00.600]  As a matter of fact, if a prosecuting attorney is presented with a criminal complaint, he
[25:00.600 --> 25:08.800]  must reduce the complaint to an information and then he is to file the complaint with
[25:08.800 --> 25:12.800]  some magistrate.
[25:12.800 --> 25:18.460]  If it's against a public official, he's to present it to the grand jury, but nowhere
[25:18.460 --> 25:25.640]  is a complaint directed to one of these public official jerks that have a vested interest
[25:25.640 --> 25:28.240]  in who they prosecute and who they don't.
[25:28.240 --> 25:30.880]  Everything goes to a magistrate.
[25:30.880 --> 25:40.200]  So then if somebody were to create a copy, a transferable record, and that entity be
[25:40.200 --> 25:44.280]  in the bank, lender, you know.
[25:44.280 --> 25:54.440]  Okay, we got 18 U.S., 18 United States Code, section 470, counterfeit acts committed outside
[25:54.440 --> 25:57.880]  the United States.
[25:57.880 --> 26:04.960]  If a person who, outside the United States, now that in and of itself goes down a rabbit
[26:04.960 --> 26:15.200]  hole, engages in the act of, one, making, dealing, or possessing any counterfeit obligation
[26:15.200 --> 26:24.240]  or other security of the United States, or two, making, dealing, possessing any plate,
[26:24.240 --> 26:34.360]  stone, analog, digital, or electronic image or other thing or part thereof used to counterfeit
[26:34.360 --> 26:36.600]  at such obligation or security.
[26:36.600 --> 26:41.480]  Now this, okay, all through this code is going to say obligation or security, obligation
[26:41.480 --> 26:42.800]  or security.
[26:42.800 --> 26:45.820]  Now this is an obligation or security of the United States.
[26:45.820 --> 26:51.440]  Now I'm thinking that we might not have an argument for counterfeiting because this is
[26:51.440 --> 26:54.320]  not an obligation created by the United States.
[26:54.320 --> 26:55.320]  No.
[26:55.320 --> 27:04.320]  And it is not an obligation that the United States is bound to pay unless, okay, unless
[27:04.320 --> 27:11.240]  Fannie Mae, Freddie Mac, or Jenny Mae have backed it up and promised to pay in the event
[27:11.240 --> 27:12.840]  of default.
[27:12.840 --> 27:19.120]  Now you've got these quasi-governmental entities starting to come in and say, oh, well, yeah,
[27:19.120 --> 27:23.720]  okay, we're a part of the government, wink, wink, nod, nod, and yeah, we'll guarantee
[27:23.720 --> 27:25.520]  this loan.
[27:25.520 --> 27:31.600]  If Joe Blow over here defaults, we'll make good to the bank.
[27:31.600 --> 27:36.680]  Now is that a United States obligation or security?
[27:36.680 --> 27:41.600]  That sounds like a quasi-obligation.
[27:41.600 --> 27:44.600]  Uh-huh.
[27:44.600 --> 27:53.520]  So if it's quasi, if taxpayer funds are going to pay the bank if I default on my note, then
[27:53.520 --> 27:58.640]  that's an obligation of the United States in my mind.
[27:58.640 --> 28:00.360]  That's the way I would interpret that.
[28:00.360 --> 28:09.680]  And not being really knowledgeable in this area, but having enough experience with law,
[28:09.680 --> 28:18.040]  it's my opinion and my experience that if something seems right, it generally is.
[28:18.040 --> 28:24.560]  If something seems as though it ought to be a crime, it generally is.
[28:24.560 --> 28:33.640]  And if the government is in any way involved in the creation of these securities, especially
[28:33.640 --> 28:39.960]  if they're in a position to make a claim to back the securities, it would have to be considered
[28:39.960 --> 28:43.600]  a security of the United States.
[28:43.600 --> 28:47.200]  That's kind of what I came away with.
[28:47.200 --> 28:55.000]  So then we're back to arguing for counterfeiting, saying that the banks may have or some entity
[28:55.000 --> 28:58.240]  may have counterfeited.
[28:58.240 --> 29:04.840]  That is, if it's secured by Fannie, Freddie or Jenny, counterfeited either United States
[29:04.840 --> 29:10.200]  obligation or United States security.
[29:10.200 --> 29:13.640]  That's my position and I'm sticking to it.
[29:13.640 --> 29:19.960]  Well, if it was Jenny Mae, you'd need to take a look at that, remember that HANF article
[29:19.960 --> 29:28.240]  that I sent you, in which your original lender is the secured lender.
[29:28.240 --> 29:36.920]  But the minute this payment stream is sold, none of the GSEs have been filed into public
[29:36.920 --> 29:38.480]  record in a timely way.
[29:38.480 --> 29:41.640]  So they haven't perfected their interest.
[29:41.640 --> 29:48.240]  And the whole purpose of the assignment was to, you know...
[29:48.240 --> 29:50.200]  Okay, hang on, hang on.
[29:50.200 --> 29:51.200]  Yeah, we got...
[29:51.200 --> 29:52.200]  I was just fixing to jump in.
[29:52.200 --> 29:57.960]  512-646-1984, if you'd like to join us, folks, we'll be right back after these messages.
[29:57.960 --> 30:12.400]  Stay with us.
[30:12.400 --> 30:41.360]  We'll be right back.
[30:41.360 --> 30:44.800]  Right over with Start Page.
[30:44.800 --> 30:48.360]  For Japanese investigators, it was a gruesome discovery.
[30:48.360 --> 30:53.080]  The bones of an elderly woman thought to be alive were found in a backpack belonging to
[30:53.080 --> 30:54.080]  her son.
[30:54.080 --> 30:58.120]  Why had he stashed his mother's remains instead of giving her a decent burial?
[30:58.120 --> 31:01.740]  Well, the sordid truth was more about money than gruesomeness.
[31:01.740 --> 31:06.620]  As it happens, he never reported his mother's death back in 2001 and had been collecting
[31:06.620 --> 31:08.880]  her benefits ever since.
[31:08.880 --> 31:14.280]  The discovery is just one of many suggesting the Japanese may not live as long as we thought.
[31:14.280 --> 31:19.920]  In a nationwide search, more than 200,000 so-called centenarians or 100-year-olds have
[31:19.920 --> 31:21.960]  turned up to be dead or missing.
[31:21.960 --> 31:31.480]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[31:31.480 --> 31:36.840]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[31:36.840 --> 31:38.800]  The government says that fire brought it down.
[31:38.800 --> 31:43.880]  However, 1,500 architects and engineers have concluded it was a controlled demolition.
[31:43.880 --> 31:46.560]  Over 6,000 of my fellow service members have given their lives.
[31:46.560 --> 31:49.320]  But thousands of my fellow first responders are dying.
[31:49.320 --> 31:50.720]  I'm not a conspiracy theorist.
[31:50.720 --> 31:51.720]  I'm a structural engineer.
[31:51.720 --> 31:53.160]  I'm a New York City correction officer.
[31:53.160 --> 31:54.160]  I'm an Air Force pilot.
[31:54.160 --> 31:55.840]  I'm a father who lost his son.
[31:55.840 --> 31:58.440]  We're Americans, and we deserve the truth.
[31:58.440 --> 32:00.400]  Go to RememberBuilding7.org today.
[32:00.400 --> 32:05.840]  Rule of Law Radio is proud to offer the Rule of Law traffic seminar.
[32:05.840 --> 32:09.640]  In today's America, we live in an us-against-them society, and if we the people are ever going
[32:09.640 --> 32:13.600]  to have a free society, then we're going to have to stand and defend our own rights.
[32:13.600 --> 32:16.800]  Among those rights are the right to travel freely from place to place, the right to act
[32:16.800 --> 32:20.840]  in our own private capacity, and most importantly, the right to due process of law.
[32:20.840 --> 32:24.720]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve
[32:24.720 --> 32:26.200]  our rights through due process.
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[32:30.080 --> 32:33.880]  most comprehensive teaching tool available that will help you understand what due process
[32:33.880 --> 32:36.040]  is and how to hold courts to the rule of law.
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[33:03.800 --> 33:10.080]  You're listening to the Logos Radio Network at logosradionetwork.com.
[33:33.800 --> 33:55.120]  And welcome back to Rule of Law Radio, folks.
[33:55.120 --> 34:02.400]  Now Joe, before I went off on my counterfeit tangent, you're talking about bifurcation
[34:02.400 --> 34:07.800]  of the payment stream.
[34:07.800 --> 34:12.720]  Now you'd mentioned something before I went off on my tangent that I'd like to bring
[34:12.720 --> 34:14.560]  you back to.
[34:14.560 --> 34:22.720]  You said that there's Texas case law that preempts or predates Carpenter versus Longin.
[34:22.720 --> 34:23.720]  Can you...
[34:23.720 --> 34:24.720]  Actually...
[34:24.720 --> 34:29.120]  Can you alliterate or can you alliterate on, can you elaborate on that?
[34:29.120 --> 34:32.760]  Oh, actually, I need like a minute to pull that up.
[34:32.760 --> 34:34.840]  I caught you off guard, didn't I?
[34:34.840 --> 34:36.160]  You totally caught me off guard.
[34:36.160 --> 34:40.320]  So Randy, how about them cowboys?
[34:40.320 --> 34:41.640]  How about Carpenter Longin?
[34:41.640 --> 34:44.560]  I actually read Carpenter Longin yesterday.
[34:44.560 --> 34:45.560]  Yeah.
[34:45.560 --> 34:48.040]  It's about wheat flour.
[34:48.040 --> 34:51.200]  Well, no, it wasn't.
[34:51.200 --> 35:02.760]  What it was about is the guy put up his property as collateral and he gave the lender some
[35:02.760 --> 35:05.600]  wheat and flour, some wheat.
[35:05.600 --> 35:11.520]  And the lender sold the wheat, sold part of it and let the rest of it spoil.
[35:11.520 --> 35:16.120]  And the lender sold the note.
[35:16.120 --> 35:23.560]  And the person who bought the note filed a foreclosure on it.
[35:23.560 --> 35:28.800]  And Carpenter came back and said, well, wait a minute, I already paid this guy part of
[35:28.800 --> 35:32.640]  this because I gave him this wheat.
[35:32.640 --> 35:40.200]  And the court said, tough, that the holder of the note has a right to collect the face
[35:40.200 --> 35:43.280]  of the note.
[35:43.280 --> 35:48.760]  And that the fact that you gave this wheat to somebody else doesn't affect the note.
[35:48.760 --> 35:51.920]  That's what Carpenter Longin was about.
[35:51.920 --> 35:58.400]  And that makes it even more important that I know who the note is transferred to and
[35:58.400 --> 36:01.360]  when it's transferred.
[36:01.360 --> 36:08.840]  Because under the Uniform Commercial Code, if I am given a presentment and a presentment
[36:08.840 --> 36:15.760]  under the UCC is a demand for payment in the United States dollars and I render those funds
[36:15.760 --> 36:24.000]  to the wrong entity, then the debt is not extinguished by my payment.
[36:24.000 --> 36:36.840]  Under Carpenter Longin, whoever gets the note can enforce the entire note.
[36:36.840 --> 36:42.560]  So it becomes even more important that I know who holds that note and under what conditions.
[36:42.560 --> 36:43.560]  All right.
[36:43.560 --> 36:45.080]  Well, let me share this with you.
[36:45.080 --> 36:46.080]  Okay.
[36:46.080 --> 36:50.920]  So it should come as no surprise that Texas property laws regarding homestead deeds of
[36:50.920 --> 36:57.720]  trust are specific and strictly conscrued in the favor of the homeowner.
[36:57.720 --> 37:06.480]  Now in 1854, Texas formulated the clear rule, a deed of trust is incidents to the existence
[37:06.480 --> 37:11.060]  of a promissory note and cannot be severed from the note.
[37:11.060 --> 37:15.880]  Any attempt to assign the deed of trust but not the note is a nullity.
[37:15.880 --> 37:21.960]  And that's in Duty versus Graham, 1854.
[37:21.960 --> 37:24.400]  And Carpenter didn't come out till 1873.
[37:24.400 --> 37:26.960]  D-U-T-Y versus Graham?
[37:26.960 --> 37:29.640]  Yes, I'll Skype you and Randy it.
[37:29.640 --> 37:35.480]  And it says this principle was later affirmed five years later in 1859 in Perkins versus
[37:35.480 --> 37:40.440]  Stone, and this is Texas instead of Lexus.
[37:40.440 --> 37:48.520]  And it cites, even in the case of a note made payable to a or to bearer and transferable
[37:48.520 --> 37:56.840]  by delivery without endorsement, any holder of such note could avail himself of the security
[37:56.840 --> 38:02.440]  afforded by a mortgage executed to secure its payment.
[38:02.440 --> 38:08.080]  Because the mortgage as an incident would follow the note into the hands of every holder,
[38:08.080 --> 38:14.680]  so on the other hand, an assignment of the interest of the mortgage in the land without
[38:14.680 --> 38:21.000]  an assignment of the debt is considered to be without meaning or use.
[38:21.000 --> 38:29.520]  And that is the reason that the principle thing always draws to it that which is accessory
[38:29.520 --> 38:35.680]  or incidental, so that the principle thing cannot take one direction, and that is which
[38:35.680 --> 38:38.000]  is incident to it another direction.
[38:38.000 --> 38:42.800]  That's in Perkins 23 at 563.
[38:42.800 --> 38:43.800]  Okay now.
[38:43.800 --> 38:44.800]  Perkins v. Who?
[38:44.800 --> 38:45.800]  I'll Skype it to you.
[38:45.800 --> 38:53.600]  Well, I was wanting the information for the listeners.
[38:53.600 --> 38:55.080]  I've got a bunch of them here.
[38:55.080 --> 38:56.080]  Oh, no.
[38:56.080 --> 38:57.080]  Okay.
[38:57.080 --> 39:05.320]  So in 1873, the Texas Supreme Court expressed its similar logical Somerset's view of the
[39:05.320 --> 39:10.040]  law in Carpenter v. Logan, and that was in 1873.
[39:10.040 --> 39:16.520]  And then in 1920, the Texas Supreme Court siding to Carpenter's Logan reaffirmed the
[39:16.520 --> 39:25.680]  Texas rule in Polk v. Beauchamp, B-E-A-U-C-H-A-N-P.
[39:25.680 --> 39:26.680]  That's Beauchamp.
[39:26.680 --> 39:27.680]  Yeah.
[39:27.680 --> 39:31.160]  I have a friend named Robert Beauchamp.
[39:31.160 --> 39:32.160]  Okay.
[39:32.160 --> 39:43.040]  It says, Pope added that the correctness of those views was held in scholarly commentary,
[39:43.040 --> 39:51.360]  and quote, Bigelow on Bill's Notes and Checks on page 196 recognizes the correctness of
[39:51.360 --> 39:59.280]  these decisions in saying, the executed contract of mortgage, assuring an instrument of the
[39:59.280 --> 40:04.120]  law merchant stands upon a footing of its own.
[40:04.120 --> 40:10.560]  It is an incident of the instrument assured, and if that is negotiable and is transferred
[40:10.560 --> 40:18.560]  according to the law merchant, the mortgage passes with it without assignment in words
[40:18.560 --> 40:24.120]  and by the weight of the authority with the properties of the principal instrument itself.
[40:24.120 --> 40:30.080]  Equities, therefore, cut off by negotiation of the latter to a holder in due course are
[40:30.080 --> 40:34.360]  cut off as well in respect of the mortgage.
[40:34.360 --> 40:42.000]  So Texas has a lot of great case law that's out there, and I wasn't even aware of all
[40:42.000 --> 40:46.120]  of these decisions until recently.
[40:46.120 --> 40:49.400]  So the law is there.
[40:49.400 --> 40:54.040]  The problem is the courts aren't following it, Steve, because we're not slapping them
[40:54.040 --> 40:55.960]  in the face hard enough with it.
[40:55.960 --> 40:57.040]  That's where Randy comes in.
[40:57.040 --> 40:58.040]  I know.
[40:58.040 --> 40:59.040]  He-
[40:59.040 --> 41:00.040]  Smack him around.
[41:00.040 --> 41:01.040]  He drop kicks him a few times.
[41:01.040 --> 41:03.680]  He gets a tooth knocked out every now and then.
[41:03.680 --> 41:08.200]  So I'll send this to you and Randy as well.
[41:08.200 --> 41:11.760]  So this is really powerful.
[41:11.760 --> 41:16.040]  When you start looking at what was supposed to be done, what was done.
[41:16.040 --> 41:17.160]  Yeah.
[41:17.160 --> 41:24.560]  So when they strip off that intangible, all right, and they sell it, and then years later
[41:24.560 --> 41:31.880]  after presumed deficiency, all right, they do an assignment.
[41:31.880 --> 41:34.560]  It's a little late now, isn't it?
[41:34.560 --> 41:39.960]  But the assignment was to memorialize the sale of the note and the acquiring of rights.
[41:39.960 --> 41:47.320]  Yeah, but was that Perkins or was that in duty that they were saying that the assignment
[41:47.320 --> 41:52.720]  is of no consequence or so what, in other words?
[41:52.720 --> 41:53.720]  Right.
[41:53.720 --> 41:56.160]  It's of no force or effect.
[41:56.160 --> 42:00.000]  If you're going to assign the mortgage or you're going to assign the deed of trust,
[42:00.000 --> 42:04.240]  and that's all you're going to do, that's just an incident of transaction.
[42:04.240 --> 42:12.200]  Now you've mentioned something in a couple of shows back that goes to the perfection
[42:12.200 --> 42:14.880]  of a security instrument.
[42:14.880 --> 42:15.880]  I'm going to...
[42:15.880 --> 42:16.880]  Right.
[42:16.880 --> 42:20.080]  Pursuant to your state's equivalence to 9312.
[42:20.080 --> 42:21.080]  Yeah.
[42:21.080 --> 42:22.080]  UCC 9-312.
[42:22.080 --> 42:23.080]  Correct.
[42:23.080 --> 42:35.240]  The assignment of a security interest is an assignment of an interest in the security
[42:35.240 --> 42:36.240]  instrument.
[42:36.240 --> 42:37.240]  Correct.
[42:37.240 --> 42:42.120]  It's not an assignment of the security instrument itself.
[42:42.120 --> 42:43.280]  No.
[42:43.280 --> 42:46.040]  What interest can somebody take?
[42:46.040 --> 42:51.000]  What partial interest in a security instrument can someone take?
[42:51.000 --> 42:55.360]  I can understand somebody taking a partial interest or an interest.
[42:55.360 --> 42:58.400]  You get four or five people that want to go in on a boat.
[42:58.400 --> 42:59.400]  Okay.
[42:59.400 --> 43:04.320]  If they have acquired rights to the beneficial interest.
[43:04.320 --> 43:07.920]  The beneficial interest being the revenue stream.
[43:07.920 --> 43:08.920]  Correct.
[43:08.920 --> 43:17.600]  Because it is that beneficial interest that the security instrument attaches itself to.
[43:17.600 --> 43:19.380]  Correct.
[43:19.380 --> 43:23.080]  But they're not taking interest in the note that they are taking.
[43:23.080 --> 43:31.000]  So what partial interest they're taking and what partial interest they have to perfect
[43:31.000 --> 43:36.160]  is the right to collect or the right to receive.
[43:36.160 --> 43:37.160]  The right.
[43:37.160 --> 43:38.160]  The right.
[43:38.160 --> 43:39.720]  It's all about rights.
[43:39.720 --> 43:40.720]  Listen.
[43:40.720 --> 43:41.720]  We have the music.
[43:41.720 --> 43:42.720]  Yep.
[43:42.720 --> 43:44.720]  We're not going to fall off the cliff this time.
[43:44.720 --> 43:45.720]  512.
[43:45.720 --> 43:47.240]  I think we'll open up...
[43:47.240 --> 43:49.240]  We'll start taking calls when we come back.
[43:49.240 --> 43:50.240]  512.
[43:50.240 --> 43:51.240]  646.
[43:51.240 --> 43:52.240]  1984.
[43:52.240 --> 43:55.240]  Folks, if you'd like to join us in conversation and please go ahead and light up the phones.
[43:55.240 --> 43:56.240]  It's going to be a good show tonight.
[43:56.240 --> 43:57.240]  We'll be right back.
[43:57.240 --> 43:58.240]  Yep.
[43:58.240 --> 43:59.240]  Hello.
[43:59.240 --> 44:08.240]  My name is Stuart Smith from naturespureorganics.com and I would like to invite you to come by our
[44:08.240 --> 44:13.840]  store at 1904 Guadalupe Street, Suite D here in Austin, Texas, hiring Brave New Books and Chase
[44:13.840 --> 44:18.320]  Payne to see all our fantastic health and wellness products with your very own eyes.
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[44:30.400 --> 44:31.400]  Call 512.
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[44:37.400 --> 44:38.400]  That's 512.
[44:38.400 --> 44:39.400]  264.
[44:39.400 --> 44:40.400]  4043.
[44:40.400 --> 44:41.400]  naturespureorganics.com.
[44:41.400 --> 44:47.520]  Don't forget to like us on Facebook for information on events and our products.
[44:47.520 --> 44:48.520]  Naturespureorganics.com.
[44:48.520 --> 45:04.480]  Are you the plaintiff or defendant in a lawsuit?
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[46:20.720 --> 46:45.520]  Welcome back to Rule of Law Radio, folks.
[46:45.520 --> 46:47.320]  We're talking over the break in.
[46:47.320 --> 46:50.120]  I don't want people to miss this.
[46:50.120 --> 46:54.240]  This is where it all flies apart like a cheap watch.
[46:54.240 --> 47:05.040]  Now before we went out on break, we were getting into a UCC and state equivalent of uniform
[47:05.040 --> 47:19.680]  commercial code section 9-312 goes over the perfection of a security interest, a perfection
[47:19.680 --> 47:21.040]  of the security interest.
[47:21.040 --> 47:25.640]  Let's go back to the deed of trust, which is a security instrument and we read the covenants
[47:25.640 --> 47:27.240]  of the deed of trust.
[47:27.240 --> 47:32.400]  Covenant 16, usually 16, in my deed of trust, I had an FHA so it's in covenant 14, but most
[47:32.400 --> 47:38.600]  standard mortgages and deeds of trust are going to say covenant 16 is going to say governing
[47:38.600 --> 47:40.280]  law and severability.
[47:40.280 --> 47:45.040]  Let's stick with governing law for right now because this is where it says this security
[47:45.040 --> 47:50.360]  instrument, keep in mind it's not the note, but the security instrument is attached to
[47:50.360 --> 47:51.360]  the note.
[47:51.360 --> 47:56.360]  This security instrument shall be governed by federal law and the laws of the jurisdiction
[47:56.360 --> 47:58.480]  in which the property is located.
[47:58.480 --> 48:07.040]  Now that means that the original lender is going to, since you're giving him the deed
[48:07.040 --> 48:13.480]  of trust at the closing table for safekeeping and ransom for 30 years, he's going to secure
[48:13.480 --> 48:21.160]  his interest by filing his assignment or filing the original instrument into the county records.
[48:21.160 --> 48:26.280]  Now if he sells his interest- Wait a minute, what interest is he selling?
[48:26.280 --> 48:27.280]  Okay, exactly.
[48:27.280 --> 48:28.280]  Good point.
[48:28.280 --> 48:31.240]  What is he selling any time?
[48:31.240 --> 48:34.320]  An interest means that you're not buying the whole thing.
[48:34.320 --> 48:40.120]  You're just buying a piece of it, an interest in it.
[48:40.120 --> 48:47.640]  You're buying what is attached to the security instrument.
[48:47.640 --> 48:53.480]  That's the revenue stream from the tangible note.
[48:53.480 --> 48:55.520]  Okay.
[48:55.520 --> 49:03.920]  If he sells that interest, the next guy has to- He's got a 20-day temporary perfection
[49:03.920 --> 49:14.780]  of lien or 20-day temporary perfection of security interest until he mechanically perfects
[49:14.780 --> 49:19.160]  it by filing his assignment in the county records.
[49:19.160 --> 49:20.640]  Is that correct, Joe?
[49:20.640 --> 49:21.640]  Okay.
[49:21.640 --> 49:31.720]  So let's back up, so- 9.312 goes over a 20-day temporary perfection of a secured interest.
[49:31.720 --> 49:32.720]  Of a security instrument.
[49:32.720 --> 49:38.200]  He can perfect that by filing into public record, all right?
[49:38.200 --> 49:39.360]  The original instrument.
[49:39.360 --> 49:40.360]  That's the first time.
[49:40.360 --> 49:48.800]  Now if the original guy sells his interest to another guy, that other guy-
[49:48.800 --> 49:51.560]  He would have to sell the tangible promissory note?
[49:51.560 --> 49:54.840]  With it, yes, because they're attached- Their endorsement, transfer, and delivery.
[49:54.840 --> 49:57.400]  Yes, they cannot be separated.
[49:57.400 --> 50:02.960]  And at the same time and in parallel, he would do an assignment where he would release his
[50:02.960 --> 50:06.240]  interest and assign it to from party A to party B.
[50:06.240 --> 50:07.240]  Right.
[50:07.240 --> 50:10.600]  And then it would be filed, indexed, and reported.
[50:10.600 --> 50:14.880]  That assignment would then be filed into the county record.
[50:14.880 --> 50:22.680]  Within 20 days, they do that within 20 days, the buyer has then perfected his interest.
[50:22.680 --> 50:24.680]  Correct.
[50:24.680 --> 50:26.240]  Okay.
[50:26.240 --> 50:29.200]  Then somebody does not.
[50:29.200 --> 50:34.120]  Or they wait until, they wait several years until some poor sap falls into foreclosure
[50:34.120 --> 50:36.720]  and then they file the assignment.
[50:36.720 --> 50:43.840]  But let me ask you, was there a sale of the tangible promissory note pursuant to 7501?
[50:43.840 --> 50:44.840]  No.
[50:44.840 --> 50:45.840]  No.
[50:45.840 --> 50:47.840]  So then what did you sell?
[50:47.840 --> 50:48.840]  Nothing.
[50:48.840 --> 50:49.840]  All right.
[50:49.840 --> 50:52.520]  You sold a pipe dream.
[50:52.520 --> 50:56.440]  So you've sold something, but you have not acquired any rights.
[50:56.440 --> 50:57.440]  Okay.
[50:57.440 --> 50:58.440]  I'll buy that.
[50:58.440 --> 51:03.720]  Because there's only one statute in the entire uniform commercial or your state's-
[51:03.720 --> 51:04.720]  3603.3203.
[51:04.720 --> 51:09.400]  Unless you're in state New York, it'd be 3202.
[51:09.400 --> 51:13.160]  That is the only statute- D is in David.
[51:13.160 --> 51:14.160]  Correct.
[51:14.160 --> 51:15.160]  Yeah.
[51:15.160 --> 51:18.960]  This is where it all flies apart, folks.
[51:18.960 --> 51:22.800]  I don't care what MERS does because MERS doesn't.
[51:22.800 --> 51:25.960]  Well, let MERS do whatever they want.
[51:25.960 --> 51:29.320]  The problem is that it's not MERS.
[51:29.320 --> 51:33.800]  I mean, MERS, it's just a tracker.
[51:33.800 --> 51:35.760]  It's an electronic registry.
[51:35.760 --> 51:37.360]  That's all it is.
[51:37.360 --> 51:38.360]  It tracks.
[51:38.360 --> 51:39.360]  Yeah.
[51:39.360 --> 51:41.680]  You know, it watches.
[51:41.680 --> 51:42.680]  Can't touch it.
[51:42.680 --> 51:45.640]  They- MERS can't assign the note.
[51:45.640 --> 51:47.280]  They weren't a party to it.
[51:47.280 --> 51:48.280]  No.
[51:48.280 --> 51:54.080]  Not even as a beneficiary, not even as a nominee, an undefined nominee.
[51:54.080 --> 51:55.080]  No.
[51:55.080 --> 51:56.640]  MERS deals in the electronic world.
[51:56.640 --> 51:58.160]  They don't deal in the tangible world.
[51:58.160 --> 51:59.160]  Right.
[51:59.160 --> 52:00.160]  Exactly.
[52:00.160 --> 52:01.160]  So I don't care what MERS does.
[52:01.160 --> 52:08.840]  What I care about is who has the right, now that you've taken the revenue stream out of
[52:08.840 --> 52:14.320]  the document that I signed and let you hold for ransom and safekeeping, by the way, and
[52:14.320 --> 52:23.600]  now that you've separated that from the security instrument and nobody has filed their security
[52:23.600 --> 52:29.240]  interest in public record, who in the devil are you?
[52:29.240 --> 52:32.720]  Do you have the right to take my house away from me?
[52:32.720 --> 52:34.680]  I say no.
[52:34.680 --> 52:39.120]  That's the whole purpose of getting declaratory relief prior to doing anything.
[52:39.120 --> 52:45.960]  Now, my wife and I were in court, what was that, the day before yesterday, or was that
[52:45.960 --> 52:46.960]  yesterday?
[52:46.960 --> 52:47.960]  Yesterday.
[52:47.960 --> 52:48.960]  That was yesterday.
[52:48.960 --> 52:49.960]  We were in court.
[52:49.960 --> 52:52.120]  Now, we got what we wanted.
[52:52.120 --> 52:57.160]  We got the TRO extended for another 14 days.
[52:57.160 --> 53:02.440]  Opposing counsel in the record room downstairs, I went down with Jeff Kelly.
[53:02.440 --> 53:05.880]  He went into court with me.
[53:05.880 --> 53:08.160]  We went downstairs and this guy was from Houston.
[53:08.160 --> 53:12.680]  He'd never been to Austin to argue anything in any Austin courts.
[53:12.680 --> 53:15.680]  He was amazed by the court system how complex it is here in Austin.
[53:15.680 --> 53:19.200]  He said, in Houston, it's bam, bam, bam, you're done.
[53:19.200 --> 53:21.400]  Real easy, but it's real convoluted here.
[53:21.400 --> 53:25.720]  You got to go upstairs for this, downstairs for something else, and down to the basement
[53:25.720 --> 53:28.800]  to do something completely different for one case.
[53:28.800 --> 53:34.480]  In Houston, it's all done in one room, you're over.
[53:34.480 --> 53:40.660]  He came in and we were going to give him a copy of the filed order so he could go back
[53:40.660 --> 53:46.360]  to Houston with his tail tucked between his legs, but I happened to bring up the fact
[53:46.360 --> 53:53.200]  that he was standing next to the man that set precedence in his hometown, in Houston,
[53:53.200 --> 54:01.440]  in the Houston federal court, in the case of, oh, God, now it escapes me, homecomings.
[54:01.440 --> 54:02.440]  Homecomings.
[54:02.440 --> 54:05.480]  Versus Bank of America.
[54:05.480 --> 54:06.480]  No.
[54:06.480 --> 54:07.480]  No.
[54:07.480 --> 54:08.480]  Oh, God.
[54:08.480 --> 54:09.960]  Homecomings versus Miller?
[54:09.960 --> 54:10.960]  Miller v. Homecomings.
[54:10.960 --> 54:11.960]  Yes.
[54:11.960 --> 54:12.960]  Yes.
[54:12.960 --> 54:17.760]  Miller versus Homecomings, Jeff Kelly set precedence in the state of Texas by arguing
[54:17.760 --> 54:25.900]  that the homeowner absolutely has a right to inquire to and to challenge assignments
[54:25.900 --> 54:30.720]  and anything that goes on in the secondary securities markets.
[54:30.720 --> 54:37.240]  The judge, the federal court there said, oh, yes, the homeowner does have every right.
[54:37.240 --> 54:42.200]  That attorney looked at me at astonishment, turned to Jeff and he said, you did Miller
[54:42.200 --> 54:43.200]  v. Homecomings?
[54:43.200 --> 54:47.240]  And Jeff just kind of grinned and nodded his head and said, yeah.
[54:47.240 --> 54:52.680]  He said, man, we all hate you.
[54:52.680 --> 54:55.720]  That tells me that we hit their soft spot, buddy.
[54:55.720 --> 54:59.360]  We know where their soft underbelly is.
[54:59.360 --> 55:02.640]  We know their Achilles heel now.
[55:02.640 --> 55:10.920]  I spend a lot of time examining the record and that is the exact document they don't
[55:10.920 --> 55:11.920]  want us looking at.
[55:11.920 --> 55:18.160]  When you were talking earlier about merge this and merge that, I'm thinking, please,
[55:18.160 --> 55:22.080]  Mr. Farmer, don't throw me in that bright patch.
[55:22.080 --> 55:26.320]  That's exactly where the bank wants us to go.
[55:26.320 --> 55:31.240]  They don't want us to go look in the county record and say, what in the heck is this?
[55:31.240 --> 55:32.240]  That's right.
[55:32.240 --> 55:35.360]  Merge did an assignment for a dead guy?
[55:35.360 --> 55:36.440]  Exactly.
[55:36.440 --> 55:41.240]  This entity is a person under law and it died five years ago.
[55:41.240 --> 55:43.720]  Now, Merge come along and did an assignment.
[55:43.720 --> 55:47.900]  How did the dead guy order Merge to act as his agent?
[55:47.900 --> 55:50.600]  You didn't know that Merge could raise the dead?
[55:50.600 --> 55:51.600]  Oh, gee.
[55:51.600 --> 55:56.600]  These are the things they do not want us to do.
[55:56.600 --> 55:57.600]  Financial gods.
[55:57.600 --> 56:03.640]  Yeah, but the look on that guy's face and the reaction that I got was priceless.
[56:03.640 --> 56:05.880]  You did Miller v. Homecoming?
[56:05.880 --> 56:08.320]  We all hate you.
[56:08.320 --> 56:10.920]  Thank you, Mr. Attorney.
[56:10.920 --> 56:12.760]  Thank you very much.
[56:12.760 --> 56:14.480]  Can you speak that louder into my pen?
[56:14.480 --> 56:19.720]  Randy did the same thing when he walks in the courts.
[56:19.720 --> 56:20.720]  You're Randy Kelton?
[56:20.720 --> 56:21.720]  Yeah.
[56:21.720 --> 56:26.000]  They want to beat me into unconsciousness.
[56:26.000 --> 56:29.080]  Can't blame them half time.
[56:29.080 --> 56:30.640]  I want to beat you into unconsciousness.
[56:30.640 --> 56:31.640]  But you know what, Randy?
[56:31.640 --> 56:32.640]  They would do it smiling.
[56:32.640 --> 56:33.640]  Sure, they would.
[56:33.640 --> 56:34.640]  Oh, yeah.
[56:34.640 --> 56:35.640]  They're very personable people.
[56:35.640 --> 56:45.000]  But yeah, this is where it all comes apart, folks.
[56:45.000 --> 56:50.080]  Public record is everything because once it's in, you can't take it out.
[56:50.080 --> 56:51.080]  Let's go to Jeff.
[56:51.080 --> 56:55.640]  If he's going to talk about what I think he is, he had a Wachovia loan.
[56:55.640 --> 56:56.640]  We got Jeff's?
[56:56.640 --> 56:57.640]  Yeah.
[56:57.640 --> 56:58.640]  Jeff, I'm sorry.
[56:58.640 --> 56:59.640]  Chris.
[56:59.640 --> 57:00.640]  Chris and Chris.
[57:00.640 --> 57:01.640]  I was going to say, I see Chris.
[57:01.640 --> 57:02.640]  Yeah.
[57:02.640 --> 57:03.640]  Chris in Pennsylvania.
[57:03.640 --> 57:08.240]  I was just going to say we lied to Chris in Pennsylvania because we were going to get
[57:08.240 --> 57:09.920]  the calls when we came back from breaking it.
[57:09.920 --> 57:10.920]  Never did.
[57:10.920 --> 57:11.920]  Sorry.
[57:11.920 --> 57:12.920]  I just went into running my mouth.
[57:12.920 --> 57:13.920]  I'm sorry.
[57:13.920 --> 57:14.920]  Chris.
[57:14.920 --> 57:18.480]  Let's sit to go live.
[57:18.480 --> 57:21.080]  Chris in Pennsylvania, are you there, sir?
[57:21.080 --> 57:22.080]  I am here.
[57:22.080 --> 57:24.120]  How are you gentlemen this evening?
[57:24.120 --> 57:25.120]  I'm good.
[57:25.120 --> 57:30.360]  I'm ugly, but my wife still lets me eat in the house.
[57:30.360 --> 57:31.360]  I'm good.
[57:31.360 --> 57:33.280]  This is really interesting, what you guys are bringing up.
[57:33.280 --> 57:38.520]  I think this is probably one of the best shows I've listened to in a while.
[57:38.520 --> 57:39.520]  Good.
[57:39.520 --> 57:40.520]  Good.
[57:40.520 --> 57:43.960]  Let's get these mental juices flowing here.
[57:43.960 --> 57:49.360]  I just ran across this scenario that you guys are talking about and presented this.
[57:49.360 --> 57:50.360]  I'm in Pennsylvania.
[57:50.360 --> 57:55.040]  Pennsylvania is a very strange state when it comes to what you guys are discussing tonight.
[57:55.040 --> 57:58.400]  You got 30 seconds and we're going to wind up for top of the hour break.
[57:58.400 --> 57:59.400]  Run.
[57:59.400 --> 58:00.400]  Yeah.
[58:00.400 --> 58:07.280]  The assignment seems to be a legitimate thing that when the lawyers realize that or the
[58:07.280 --> 58:10.680]  judge realizes that they've done something wrong with the assignment, they give it back
[58:10.680 --> 58:13.680]  to the bank and they say, can you fix this?
[58:13.680 --> 58:17.160]  How do you think Humpty Dumpty after he fell down?
[58:17.160 --> 58:20.520]  That we can talk about when we come back from the break.
[58:20.520 --> 58:23.120]  That brings up a very curious point, Chris.
[58:23.120 --> 58:24.120]  Hold on.
[58:24.120 --> 58:25.360]  We'll be back to you right after the break.
[58:25.360 --> 58:32.140]  Folks, we'd like for you to go to Logos Radio and ruleoflawradio.com and take advantage
[58:32.140 --> 58:33.480]  of all the sponsors there.
[58:33.480 --> 58:37.920]  The radio show and the sponsors could really use your patronage.
[58:37.920 --> 58:41.440]  We'll be back on the other side of this break.
[58:41.440 --> 58:44.400]  You've been taking advantage of me for years there.
[58:44.400 --> 58:47.000]  Well, yeah, your beer fund's depleted.
[58:47.000 --> 58:50.120]  We'll be right back after this break, folks.
[58:50.120 --> 58:54.640]  Would you like to make more definite progress in your walk with God?
[58:54.640 --> 58:59.800]  Bibles for America is offering a free study Bible and a set of free Christian books that
[58:59.800 --> 59:01.120]  can really help.
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[01:00:03.400 --> 01:00:08.040]  This is the Liberty Beat, your daily source for Liberty news and activist updates, online
[01:00:08.040 --> 01:00:09.880]  at thelibertybeat.com.
[01:00:09.880 --> 01:00:14.560]  I'm Brian Hagan with your Liberty Beat for Friday, March 28th, 2014.
[01:00:14.560 --> 01:00:24.400]  Gold opened today at $1,288, silver opened at $19.67, while Bitcoin is trading at $514.35.
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[01:01:01.880 --> 01:01:06.440]  In the news, Middleton, Idaho has unanimously voted to ban the implementation of indefinite
[01:01:06.440 --> 01:01:11.160]  detention, as outlined in the 2012 National Defense Authorization Act.
[01:01:11.160 --> 01:01:15.240]  In a vote of four to nothing, the city passed a resolution making Middleton the fifth city
[01:01:15.240 --> 01:01:19.440]  in the nation and the second in Idaho to ban indefinite detention.
[01:01:19.440 --> 01:01:25.920]  Sections 1021 and 1022 of the 2012 NDAA authorize indefinite military detention of any person
[01:01:25.920 --> 01:01:30.060]  without charge or trial.
[01:01:30.060 --> 01:01:33.160]  Legal troubles for an anti-gun California state senator.
[01:01:33.160 --> 01:01:38.240]  The San Jose Mercury News is reporting that Democratic Senator Leland Yee has been indicted
[01:01:38.240 --> 01:01:43.920]  for conspiracy to traffic in firearms without license and to illegally import firearms.
[01:01:43.920 --> 01:01:47.960]  He also faces six counts of corruption which will likely involve handing out favors for
[01:01:47.960 --> 01:01:49.560]  campaign contributions.
[01:01:49.560 --> 01:01:57.640]  Yee is described as one of the most outspoken California lawmakers against gun rights.
[01:01:57.640 --> 01:02:02.240]  On March 20th, over 25 technology companies signed into a public letter asking Senator
[01:02:02.240 --> 01:02:07.400]  Ron Wyden to oppose Fast Track Authority for trade agreements, such as the Trans-Pacific
[01:02:07.400 --> 01:02:08.400]  Partnership.
[01:02:08.400 --> 01:02:12.760]  Wyden, the new chairman of the Senate Finance Committee, has already spoken in favor of
[01:02:12.760 --> 01:02:16.120]  transparency for the TPP negotiations.
[01:02:16.120 --> 01:02:20.680]  The companies are asking Wyden to use his new position to reject Fast Track, also known
[01:02:20.680 --> 01:02:25.080]  as Trade Promotion Authority, which gives the White House more power and influence over
[01:02:25.080 --> 01:02:27.360]  international trade agreements.
[01:02:27.360 --> 01:02:30.760]  Support for Liberty Beat comes from Dorothy Arminger at Cap Star Lending.
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[01:02:52.280 --> 01:02:56.640]  This is the Liberty Beat for Friday, March 28, 2014.
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[01:03:41.640 --> 01:04:00.040]  Welcome back to Rule It All Radio, folks.
[01:04:00.040 --> 01:04:02.680]  Randy, I thought you were going to bring us in.
[01:04:02.680 --> 01:04:10.280]  Anyway, before we left, we were talking to Chris in Pennsylvania, and Chris in Pennsylvania,
[01:04:10.280 --> 01:04:14.600]  you had said that you had run across the same type of issue that we discussed in the first
[01:04:14.600 --> 01:04:15.600]  hour.
[01:04:15.600 --> 01:04:16.600]  Elaborate.
[01:04:16.600 --> 01:04:24.120]  Actually, where Randy left off, you can't give an assignment to a dead guy.
[01:04:24.120 --> 01:04:25.120]  Correct.
[01:04:25.120 --> 01:04:31.800]  For some reason in Pennsylvania, Merz must be the guy who's out to dinner with the judge's
[01:04:31.800 --> 01:04:36.280]  wife while he's working late because they let Merz do anything here.
[01:04:36.280 --> 01:04:40.080]  They seem to think that Merz has the right to do all of that stuff.
[01:04:40.080 --> 01:04:41.280]  Carte Blanche, baby.
[01:04:41.280 --> 01:04:42.280]  Carte Blanche.
[01:04:42.280 --> 01:04:43.280]  Yeah.
[01:04:43.280 --> 01:04:45.800]  Well, now you know some arguments.
[01:04:45.800 --> 01:04:46.800]  Right.
[01:04:46.800 --> 01:04:47.800]  Possible arguments.
[01:04:47.800 --> 01:04:54.360]  I mean, Chris, what you have to look at is the whole purpose of the assignment, again,
[01:04:54.360 --> 01:05:00.280]  it memorializes the sale of the tangible promissory note and the acquiring of rights.
[01:05:00.280 --> 01:05:01.640]  Right.
[01:05:01.640 --> 01:05:12.040]  So if they have not acquired any rights, then you got 18 U.S.C. Chapter 47, 1021.
[01:05:12.040 --> 01:05:21.640]  Anyone who knowingly and willfully conveys a property into record could be guilty of
[01:05:21.640 --> 01:05:23.440]  that statute.
[01:05:23.440 --> 01:05:30.840]  So that's something that you need to take a look at, but just because it's not legal
[01:05:30.840 --> 01:05:32.800]  doesn't mean that they don't do it.
[01:05:32.800 --> 01:05:36.560]  These are banks we're talking about.
[01:05:36.560 --> 01:05:37.560]  Right.
[01:05:37.560 --> 01:05:43.160]  Oh, and yeah, I've noticed a lot more bankers falling from the skies.
[01:05:43.160 --> 01:05:45.520]  Man, life is good.
[01:05:45.520 --> 01:05:50.680]  Life is good.
[01:05:50.680 --> 01:05:54.560]  So what else are they doing in Pennsylvania, Chris?
[01:05:54.560 --> 01:06:00.440]  Well, the interesting part of this is I have three people who are claiming to be the lender.
[01:06:00.440 --> 01:06:08.640]  I have Fannie Mae, who the bank is telling me is the lender, but yet Fannie Mae, yet
[01:06:08.640 --> 01:06:13.800]  the bank is telling me that they're the lender because they're the one.
[01:06:13.800 --> 01:06:15.160]  Fannie Mae doesn't loan money.
[01:06:15.160 --> 01:06:16.640]  Fannie Mae is the investor.
[01:06:16.640 --> 01:06:17.640]  Right.
[01:06:17.640 --> 01:06:18.640]  The investor.
[01:06:18.640 --> 01:06:21.040]  So that's the correct terminology.
[01:06:21.040 --> 01:06:29.200]  And then while your original lender was probably the party that went to the cash window for
[01:06:29.200 --> 01:06:35.600]  Fannie Mae, and they had a choice of one of three ways in order to acquire or to sell
[01:06:35.600 --> 01:06:38.800]  the- Wait a minute.
[01:06:38.800 --> 01:06:40.800]  This was Wachovia.
[01:06:40.800 --> 01:06:41.800]  Wachovia.
[01:06:41.800 --> 01:06:44.840]  Nobody went to the cash window.
[01:06:44.840 --> 01:06:48.440]  There wasn't a cash window in the drug cartels.
[01:06:48.440 --> 01:06:49.440]  Well, no.
[01:06:49.440 --> 01:06:52.460]  Well, for Wachovia, they still would go to Fannie Mae.
[01:06:52.460 --> 01:06:58.840]  And again, they would either sell the asset to Fannie Mae and they would keep the servicing
[01:06:58.840 --> 01:06:59.840]  rights.
[01:06:59.840 --> 01:07:01.640]  They would sell it as a pledged asset.
[01:07:01.640 --> 01:07:08.200]  Again, there's different ways in order to sell it, but again, very seldom did they ever
[01:07:08.200 --> 01:07:14.680]  negotiate, transfer, and deliver the tangible and negotiable instrument, along with the
[01:07:14.680 --> 01:07:17.880]  underlying intangible payment obligation.
[01:07:17.880 --> 01:07:22.960]  They just ripped that puppy right out and just said, hey, over here.
[01:07:22.960 --> 01:07:24.960]  And they'd throw it over their way electronically.
[01:07:24.960 --> 01:07:27.840]  They'd flip a little button, hit enter, and bam.
[01:07:27.840 --> 01:07:28.840]  It's done.
[01:07:28.840 --> 01:07:29.840]  Right.
[01:07:29.840 --> 01:07:34.360]  And what you were bringing up earlier about nobody making these assignments or having
[01:07:34.360 --> 01:07:38.440]  so many days to make this assignment- 20, 20 days.
[01:07:38.440 --> 01:07:39.440]  Right.
[01:07:39.440 --> 01:07:46.640]  We have five other banks who have, on my record, have owned my mortgage, yet they have not
[01:07:46.640 --> 01:07:49.040]  made assignments in the recorder of deeds office.
[01:07:49.040 --> 01:07:51.480]  Then they did not perfect their security.
[01:07:51.480 --> 01:07:55.520]  Be more specific when you say five more banks.
[01:07:55.520 --> 01:07:56.520]  All right.
[01:07:56.520 --> 01:07:58.720]  Where are they claiming that they own?
[01:07:58.720 --> 01:08:05.640]  Well, I had a- under discovery, I had to do this thing to try to figure out who owns my
[01:08:05.640 --> 01:08:06.640]  loan.
[01:08:06.640 --> 01:08:10.760]  Who owns an interest of your mortgage loan instrument?
[01:08:10.760 --> 01:08:11.760]  Yeah.
[01:08:11.760 --> 01:08:15.800]  When we say who owns my loan, that's- That's very vague.
[01:08:15.800 --> 01:08:20.000]  That's asking- yeah, that's asking the wrong question, actually.
[01:08:20.000 --> 01:08:23.240]  It doesn't matter who owns- okay, what is your loan?
[01:08:23.240 --> 01:08:28.840]  Do you think your loan is the documents that you signed on the day of closing?
[01:08:28.840 --> 01:08:31.760]  Well, they've been turned into transferable instruments.
[01:08:31.760 --> 01:08:32.760]  They're gone.
[01:08:32.760 --> 01:08:33.760]  Right.
[01:08:33.760 --> 01:08:34.760]  Right.
[01:08:34.760 --> 01:08:40.320]  The only thing that- So now, the question is not who owns my loan, but who owns an interest
[01:08:40.320 --> 01:08:42.840]  in my alleged loan, and how did you get it?
[01:08:42.840 --> 01:08:44.440]  And my mortgage loan instrument.
[01:08:44.440 --> 01:08:47.840]  My mortgage loan instrument, and how did you get it?
[01:08:47.840 --> 01:08:48.840]  Right.
[01:08:48.840 --> 01:08:55.920]  And that's the interesting part, because Fannie Mae says they have the interest in my loan,
[01:08:55.920 --> 01:09:00.680]  and the bank is telling me that I go to these meetings to get a modification, because of
[01:09:00.680 --> 01:09:06.160]  Pennsylvania we have these consultatory meetings, and the bank is telling me they're giving
[01:09:06.160 --> 01:09:13.000]  me a modification when they say they are the mortgagee, but yet their assignment, which
[01:09:13.000 --> 01:09:18.400]  we have determined is robo-signed, and in the state of Pennsylvania, that's a big deal.
[01:09:18.400 --> 01:09:21.000]  They- It is now, yeah.
[01:09:21.000 --> 01:09:32.160]  They wipe out the transfer of that assignment, so we're getting that wiped out, but in essence
[01:09:32.160 --> 01:09:36.240]  they're telling the bank's lawyers, oh, you've made a mistake here.
[01:09:36.240 --> 01:09:37.240]  Can you correct that?
[01:09:37.240 --> 01:09:38.240]  All right.
[01:09:38.240 --> 01:09:40.440]  What you need to look at- They can't.
[01:09:40.440 --> 01:09:42.660]  The correct answer to that is no, they can't correct it.
[01:09:42.660 --> 01:09:43.660]  You can't.
[01:09:43.660 --> 01:09:52.760]  For Pennsylvania, it's 13PA, and it's 9312, and then where you're going to look at is
[01:09:52.760 --> 01:10:03.360]  you're going to look all the way at the bottom, and it's under E, F, and G, and when you go
[01:10:03.360 --> 01:10:11.120]  all the way down to H, it says, if you go to G it states, temporary perfection, delivery
[01:10:11.120 --> 01:10:17.120]  of the security certificate or instrument to debtor, a perfected security interest in
[01:10:17.120 --> 01:10:24.400]  a certificate security or instrument remains perfect for 20 days without filing.
[01:10:24.400 --> 01:10:29.560]  If the secured party delivers the security certificate or instrument to the debtor for
[01:10:29.560 --> 01:10:37.040]  the purpose of sale, exchange, presentation, collection, enforcement, or transfer, H, expiration
[01:10:37.040 --> 01:10:39.360]  of temporary perfection.
[01:10:39.360 --> 01:10:46.520]  After the 20 day period specified in subsection E, F, or G expires, perfection depends upon
[01:10:46.520 --> 01:10:49.400]  compliance with this division.
[01:10:49.400 --> 01:10:59.440]  So meaning you have 20 days, all right, upon the selling of the tangible promissory note
[01:10:59.440 --> 01:11:03.760]  together with the payment and tangible obligation or the debt.
[01:11:03.760 --> 01:11:11.880]  I sold you, Joe, I, Steve Skidmore, sold you interest in a security instrument that is
[01:11:11.880 --> 01:11:18.560]  attached to an intangible revenue stream on the 1st of January.
[01:11:18.560 --> 01:11:26.720]  You would need to sell me the note, okay, all right, along with the debt that is attached
[01:11:26.720 --> 01:11:27.720]  to the note.
[01:11:27.720 --> 01:11:30.720]  I can't.
[01:11:30.720 --> 01:11:31.720]  I can't.
[01:11:31.720 --> 01:11:37.320]  I don't have the note that we can't perfect it.
[01:11:37.320 --> 01:11:38.720]  I don't have the note.
[01:11:38.720 --> 01:11:40.280]  I have an interest in the note.
[01:11:40.280 --> 01:11:44.200]  I'll show you here, here, Xerox copy of it.
[01:11:44.200 --> 01:11:46.760]  That's my interest.
[01:11:46.760 --> 01:11:48.400]  That's what I'm going to sell you.
[01:11:48.400 --> 01:11:52.520]  So I'm going to sell it to you, Joe, for 50 bucks.
[01:11:52.520 --> 01:11:54.000]  You give me 50 bucks.
[01:11:54.000 --> 01:11:55.680]  Now what do you got to do?
[01:11:55.680 --> 01:11:58.320]  Well one, you've transferred less than the entire value.
[01:11:58.320 --> 01:12:00.040]  Oh, oh, wait a minute.
[01:12:00.040 --> 01:12:01.040]  Wait a minute.
[01:12:01.040 --> 01:12:04.360]  I'm going to, let's go back and redo this.
[01:12:04.360 --> 01:12:08.160]  I have the wedding dock and the wedding security instrument.
[01:12:08.160 --> 01:12:12.040]  Would you like to buy it for 50 bucks?
[01:12:12.040 --> 01:12:15.120]  These are the original documents.
[01:12:15.120 --> 01:12:16.120]  Have you acquired rights?
[01:12:16.120 --> 01:12:18.120]  Oh, let's not talk about that.
[01:12:18.120 --> 01:12:21.120]  Do you want to buy them for 50 bucks?
[01:12:21.120 --> 01:12:22.240]  I don't care about rights.
[01:12:22.240 --> 01:12:26.120]  I got a piece of paper to sell and it's worth 50 bucks, Joe.
[01:12:26.120 --> 01:12:29.800]  But that's simple possession, not legal possession with legal rights acquired.
[01:12:29.800 --> 01:12:31.360]  Oh, well, okay.
[01:12:31.360 --> 01:12:33.640]  I've got this scanned copy to go with it.
[01:12:33.640 --> 01:12:35.480]  It looks good.
[01:12:35.480 --> 01:12:36.480]  Can't do nothing.
[01:12:36.480 --> 01:12:37.480]  Really?
[01:12:37.480 --> 01:12:40.080]  So I'm not going to squeeze 50 bucks out of you?
[01:12:40.080 --> 01:12:41.080]  Try Randy.
[01:12:41.080 --> 01:12:43.720]  Randy, 50 bucks.
[01:12:43.720 --> 01:12:46.840]  I'm spending it on lawn furniture.
[01:12:46.840 --> 01:12:50.520]  Sorry, folks.
[01:12:50.520 --> 01:12:54.760]  That was an inside joke.
[01:12:54.760 --> 01:12:59.040]  My point is, is that this whole thing has fallen apart.
[01:12:59.040 --> 01:13:00.960]  Chris, are you getting this?
[01:13:00.960 --> 01:13:08.960]  Yeah, I get it clearly, I mean, but for some reason, when I bring this up to my lawyer,
[01:13:08.960 --> 01:13:12.840]  we run into a problem with the fact- Oh, you run into a problem called a bar
[01:13:12.840 --> 01:13:13.840]  card.
[01:13:13.840 --> 01:13:20.680]  Well, we're doing a quiet title thing and that's the reason I'm using this guy.
[01:13:20.680 --> 01:13:26.040]  We're trying to get a quiet title together to put this into perspective where, and now
[01:13:26.040 --> 01:13:30.000]  kind of some of that has changed since we've had a discussion in the last couple of days.
[01:13:30.000 --> 01:13:34.520]  He's now looking at a declaratory judgment because a year ago when I asked him to do
[01:13:34.520 --> 01:13:42.600]  a quiet title and I presented the fact that this, I have no robo-signing on my document
[01:13:42.600 --> 01:13:49.960]  of mortgage assignment from Wachovia, who's been dead for three years, giving this assignment
[01:13:49.960 --> 01:13:57.240]  to Wells Fargo, who only takes the assignment three months after they send me an intent
[01:13:57.240 --> 01:14:02.760]  to foreclose notice, after they change my mortgage payment, and that's beside the point,
[01:14:02.760 --> 01:14:08.320]  but I have this instrument that's sitting here recorded in the recorder of deeds office
[01:14:08.320 --> 01:14:12.920]  that as we speak is worth nothing.
[01:14:12.920 --> 01:14:15.720]  I got an idea.
[01:14:15.720 --> 01:14:17.720]  Have your attorney call me.
[01:14:17.720 --> 01:14:24.600]  I was just going to say have your attorney call Joe, and if you won't do that, then download
[01:14:24.600 --> 01:14:31.760]  Audacity or some other type of audio editing equipment, software.
[01:14:31.760 --> 01:14:37.960]  Take this archive and cut out all the laughs and the giggles and stick strictly to the
[01:14:37.960 --> 01:14:38.960]  facts.
[01:14:38.960 --> 01:14:42.280]  I bet you can squeeze all those pertinent facts into 30 minutes.
[01:14:42.280 --> 01:14:47.320]  Put them on a CD and hand deliver them to your attorney.
[01:14:47.320 --> 01:14:53.720]  Insist that he sits down and listens to that.
[01:14:53.720 --> 01:14:55.960]  We also do, I do online training.
[01:14:55.960 --> 01:14:58.160]  Yes, he does.
[01:14:58.160 --> 01:15:03.000]  And actually, I've got a class next Friday and next Saturday, five hours Friday, five
[01:15:03.000 --> 01:15:06.960]  hours Saturday, which your attorney could probably use.
[01:15:06.960 --> 01:15:14.360]  Well, yeah, if he's afraid to argue these, then he needs this information.
[01:15:14.360 --> 01:15:17.960]  It's not so much he's afraid to argue them, but because I'm in Pennsylvania, when you
[01:15:17.960 --> 01:15:23.320]  go through these consultatory meetings, we are in a stay.
[01:15:23.320 --> 01:15:29.440]  And with that stay, I have to get away from the consultatory meeting, allow them to proceed
[01:15:29.440 --> 01:15:37.960]  with the foreclosure, and somewhere in between there, get this fact into the courtroom.
[01:15:37.960 --> 01:15:43.480]  Unless I just wait until they foreclose because we're a judicial state and I come to the foreclosure
[01:15:43.480 --> 01:15:50.560]  hearing and say, well, Your Honor, this document is void on its face because...
[01:15:50.560 --> 01:15:53.080]  That's always a possibility.
[01:15:53.080 --> 01:15:59.080]  Challenge to subject matter jurisdiction, plaintiff lacks standing to invoke the subject
[01:15:59.080 --> 01:16:00.080]  matter jurisdiction.
[01:16:00.080 --> 01:16:01.080]  There you go.
[01:16:01.080 --> 01:16:02.080]  Okay.
[01:16:02.080 --> 01:16:08.280]  A plea to the jurisdiction.
[01:16:08.280 --> 01:16:15.880]  It's a... he's bringing forth a insufficient foreclosure action.
[01:16:15.880 --> 01:16:17.200]  I mean, he's...
[01:16:17.200 --> 01:16:18.920]  He's not the proper party.
[01:16:18.920 --> 01:16:19.920]  No.
[01:16:19.920 --> 01:16:20.920]  Right.
[01:16:20.920 --> 01:16:21.920]  Yeah.
[01:16:21.920 --> 01:16:26.720]  It's kind of like when the other side comes in and files a rule to a motion to dismiss
[01:16:26.720 --> 01:16:29.280]  the failure of state of claim, which can be had.
[01:16:29.280 --> 01:16:31.440]  You're going to file a 12H3.
[01:16:31.440 --> 01:16:40.640]  But instead of asking the judge to exercise his discretion, you say, you don't have it.
[01:16:40.640 --> 01:16:47.320]  In order for you to have discretion, you, the judge, has to prove a subject matter jurisdiction
[01:16:47.320 --> 01:16:50.600]  or I can sue you personally.
[01:16:50.600 --> 01:16:52.280]  Changes the dynamic quite a bit.
[01:16:52.280 --> 01:16:53.280]  Hang on.
[01:16:53.280 --> 01:17:00.920]  Randy Kelton, Steve Skidmore, Joe Esquivel, Rule of Law Radio, or call in number 512-646-198.
[01:17:00.920 --> 01:17:02.360]  My name is Jessica Armand.
[01:17:02.360 --> 01:17:05.280]  I'm an activist, a GCN listener, and mother of three.
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[01:17:27.840 --> 01:17:28.840]  Hi.
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[01:19:24.840 --> 01:19:48.240]  And welcome back to Rural Law Radio, folks.
[01:19:48.240 --> 01:19:49.240]  Tonight is our...
[01:19:49.240 --> 01:19:52.680]  Well, we've already given a date.
[01:19:52.680 --> 01:19:56.480]  We were talking to Chris in Pennsylvania.
[01:19:56.480 --> 01:19:59.080]  Yes, he's still there.
[01:19:59.080 --> 01:20:00.080]  Chris.
[01:20:00.080 --> 01:20:01.080]  Yes.
[01:20:01.080 --> 01:20:03.080]  Did you have anything further?
[01:20:03.080 --> 01:20:07.000]  No, that was good.
[01:20:07.000 --> 01:20:09.040]  I just...
[01:20:09.040 --> 01:20:17.280]  When we do go through this process and we wipe out the assignment of this mortgage,
[01:20:17.280 --> 01:20:19.800]  can you elaborate on what happens to the mortgage after that?
[01:20:19.800 --> 01:20:26.720]  Well, the next question is, okay, if it were me, I'd say, your honor, I'm not saying that
[01:20:26.720 --> 01:20:30.440]  there's not some party out there that has the right to enforce.
[01:20:30.440 --> 01:20:33.280]  What I'm saying is it's not these guys.
[01:20:33.280 --> 01:20:34.640]  Right.
[01:20:34.640 --> 01:20:39.640]  These guys are not the guys entitled to enforce the instrument, but here they are in your
[01:20:39.640 --> 01:20:41.760]  court trying to enforce the instrument.
[01:20:41.760 --> 01:20:43.360]  Or you might say...
[01:20:43.360 --> 01:20:47.000]  Can you get them to explain themselves?
[01:20:47.000 --> 01:20:52.640]  You might say, these guys may be the right guys, but they can't prove it.
[01:20:52.640 --> 01:20:53.640]  They can't prove it.
[01:20:53.640 --> 01:20:54.640]  Exactly.
[01:20:54.640 --> 01:20:55.640]  They can't prove it.
[01:20:55.640 --> 01:20:56.640]  Right.
[01:20:56.640 --> 01:20:59.080]  It's not my fault they can't prove it.
[01:20:59.080 --> 01:21:01.240]  They're the ones who messed up the records.
[01:21:01.240 --> 01:21:04.160]  Can't just waltz into court saying, hey, I'm here.
[01:21:04.160 --> 01:21:05.440]  These guys owe me a bunch of money.
[01:21:05.440 --> 01:21:07.200]  Judge, will you let me beat them up?
[01:21:07.200 --> 01:21:08.200]  Sure.
[01:21:08.200 --> 01:21:09.200]  Go ahead.
[01:21:09.200 --> 01:21:10.200]  Okay, I'll beat them up.
[01:21:10.200 --> 01:21:14.600]  But owing the money and having the right to collect through the foreclosure are two different
[01:21:14.600 --> 01:21:15.600]  things.
[01:21:15.600 --> 01:21:16.600]  Completely, yeah.
[01:21:16.600 --> 01:21:17.600]  All right.
[01:21:17.600 --> 01:21:19.480]  Because there's more than one way to collect the debt.
[01:21:19.480 --> 01:21:20.840]  They had a choice.
[01:21:20.840 --> 01:21:26.000]  They could have either collected on the note or they could have collected through foreclosure.
[01:21:26.000 --> 01:21:33.960]  Well, they also had a choice when they entered into the contract.
[01:21:33.960 --> 01:21:41.480]  You as the borrower granted a privilege to the lender of a claim against your property
[01:21:41.480 --> 01:21:51.920]  so that the lender could maintain the value of his collateral by the claim.
[01:21:51.920 --> 01:21:59.640]  You granted that as a privilege conditioned on certain stipulations and restrictions.
[01:21:59.640 --> 01:22:01.680]  These are the covenants.
[01:22:01.680 --> 01:22:08.040]  He cannot voluntarily breach those covenants in default on the contract and then come in
[01:22:08.040 --> 01:22:11.520]  and claim the privileges granted under the contract.
[01:22:11.520 --> 01:22:15.360]  Well he wrote the contract, Randy, it was a unilateral contract.
[01:22:15.360 --> 01:22:19.040]  He wrote the contract, but another party created it.
[01:22:19.040 --> 01:22:23.400]  When that party signed it, they created that instrument and that's their personal property
[01:22:23.400 --> 01:22:24.400]  by creation.
[01:22:24.400 --> 01:22:28.120]  But go back to what Randy brings up many times.
[01:22:28.120 --> 01:22:36.400]  The homeowner through an innocence of consciousness was not educated enough to fully understand
[01:22:36.400 --> 01:22:46.640]  all of the financial transactions, all of the legal implications going to Covenant 20,
[01:22:46.640 --> 01:22:47.640]  going to Covenant 16.
[01:22:47.640 --> 01:22:56.440]  I tell you what, on the day that my wife and I closed on this house, had I a fully informed
[01:22:56.440 --> 01:23:00.760]  understanding of any of the words in the note or in the deed of trust, I'd have never signed
[01:23:00.760 --> 01:23:01.760]  the damn thing.
[01:23:01.760 --> 01:23:02.760]  Well, no, I mean-
[01:23:02.760 --> 01:23:04.040]  I'd have never signed it.
[01:23:04.040 --> 01:23:09.920]  Because on the first line free of the note, for a loan I have received, past that.
[01:23:09.920 --> 01:23:10.920]  Yeah.
[01:23:10.920 --> 01:23:13.640]  I hadn't received anything yet.
[01:23:13.640 --> 01:23:14.640]  Yet.
[01:23:14.640 --> 01:23:22.040]  So right now, what we want to do is to hold their feet to the fire.
[01:23:22.040 --> 01:23:24.000]  That's it.
[01:23:24.000 --> 01:23:29.080]  Are you the party entitled to enforce either the security or the-
[01:23:29.080 --> 01:23:30.080]  The security.
[01:23:30.080 --> 01:23:31.080]  The security.
[01:23:31.080 --> 01:23:32.080]  Okay.
[01:23:32.080 --> 01:23:33.080]  Right.
[01:23:33.080 --> 01:23:37.040]  If you're going to say yes, prove it, and here's how you prove it.
[01:23:37.040 --> 01:23:38.040]  Right.
[01:23:38.040 --> 01:23:39.520]  You prove it by the county records.
[01:23:39.520 --> 01:23:44.800]  Oh, gee, you're not in the county records.
[01:23:44.800 --> 01:23:49.520]  This goes to never stipulate to anything.
[01:23:49.520 --> 01:23:51.280]  Anything, yes.
[01:23:51.280 --> 01:23:54.640]  I deny everything.
[01:23:54.640 --> 01:23:55.840]  Ask them to prove it up.
[01:23:55.840 --> 01:24:03.800]  If they make a claim, you don't have to disprove the claim until they prove up the claim or
[01:24:03.800 --> 01:24:12.640]  at least bring prima facie evidence sufficient to give cause to believe.
[01:24:12.640 --> 01:24:18.080]  If they come in and make a claim and you don't challenge the claim, then prima facie evidence
[01:24:18.080 --> 01:24:20.120]  is implied.
[01:24:20.120 --> 01:24:23.320]  And that's the first roadblock we meet in the justice courts.
[01:24:23.320 --> 01:24:34.440]  I actually had Judge Bass tell me one day, Mr. Skidmore, all I need is a colorable title
[01:24:34.440 --> 01:24:38.400]  or color of title.
[01:24:38.400 --> 01:24:40.360]  That's all they need.
[01:24:40.360 --> 01:24:43.840]  The justice court cannot hear title issues.
[01:24:43.840 --> 01:24:46.680]  The lower courts cannot hear title issues.
[01:24:46.680 --> 01:24:47.680]  They're restricted.
[01:24:47.680 --> 01:24:52.280]  They are courts of limited jurisdiction.
[01:24:52.280 --> 01:24:59.960]  So that's how the banks have made it very, very easy to take property away from people.
[01:24:59.960 --> 01:25:05.400]  The justice court only needs colorable title or color of title to take your house away.
[01:25:05.400 --> 01:25:09.520]  And that's exactly why you challenge subject matter jurisdiction.
[01:25:09.520 --> 01:25:10.520]  Right.
[01:25:10.520 --> 01:25:11.520]  You're not even going to title.
[01:25:11.520 --> 01:25:20.880]  Well, yeah, but it doesn't get to the discretion of the court to make a ruling.
[01:25:20.880 --> 01:25:25.360]  So he never gets to who has the right to possession.
[01:25:25.360 --> 01:25:26.360]  Right.
[01:25:26.360 --> 01:25:29.760]  But Randy, what they've done, they've commingled equity and law.
[01:25:29.760 --> 01:25:31.060]  All right.
[01:25:31.060 --> 01:25:32.960]  So it's like a piece of rope.
[01:25:32.960 --> 01:25:36.560]  You can't tell where one part starts and the other ends.
[01:25:36.560 --> 01:25:38.480]  Equity is equity and law is law.
[01:25:38.480 --> 01:25:44.600]  However, the banks over the last hundred years have combined and have twisted the courts
[01:25:44.600 --> 01:25:47.040]  into thinking it's one and the same.
[01:25:47.040 --> 01:25:50.840]  Am I right?
[01:25:50.840 --> 01:25:56.360]  That would be hard for me to say, I've studied, I've re looked at equity and I've looked
[01:25:56.360 --> 01:26:01.880]  at the law and I understand you in not, I don't know it enough.
[01:26:01.880 --> 01:26:05.760]  I don't know how to explain it enough to say yes or no.
[01:26:05.760 --> 01:26:11.840]  You stumped the chump.
[01:26:11.840 --> 01:26:16.960]  For me to say, yeah, I know something, I need to know it.
[01:26:16.960 --> 01:26:22.600]  I know the law part and I understand the equity part.
[01:26:22.600 --> 01:26:29.480]  But primarily when I go to court, I go on the codes and that's the only time I really
[01:26:29.480 --> 01:26:36.200]  get to equity is when I'm going to unclean hands or the clean hands doctor.
[01:26:36.200 --> 01:26:37.200]  Okay.
[01:26:37.200 --> 01:26:42.240]  You're ahead of me, I'm working on it.
[01:26:42.240 --> 01:26:44.960]  All right, Chris, do you have anything else we can add?
[01:26:44.960 --> 01:26:47.160]  Otherwise we're going to take Steve.
[01:26:47.160 --> 01:26:48.160]  Yeah, no, that's fine.
[01:26:48.160 --> 01:26:49.160]  Thank you, gentlemen.
[01:26:49.160 --> 01:26:50.160]  All right.
[01:26:50.160 --> 01:26:51.160]  Call in next week.
[01:26:51.160 --> 01:26:53.360]  I'm sure you'll be up to no good then too.
[01:26:53.360 --> 01:26:54.360]  I will be.
[01:26:54.360 --> 01:26:55.360]  Thank you.
[01:26:55.360 --> 01:26:56.360]  Yeah.
[01:26:56.360 --> 01:26:58.080]  Keep us comprised of what's going on.
[01:26:58.080 --> 01:26:59.280]  Very interesting case up there.
[01:26:59.280 --> 01:27:00.720]  Thank you, Chris.
[01:27:00.720 --> 01:27:02.560]  Now we're going to Steve in Missouri.
[01:27:02.560 --> 01:27:03.560]  Hello, Steve.
[01:27:03.560 --> 01:27:04.560]  How are you tonight?
[01:27:04.560 --> 01:27:05.560]  Hey, I'm great.
[01:27:05.560 --> 01:27:06.560]  How are y'all?
[01:27:06.560 --> 01:27:07.560]  Fair to middling.
[01:27:07.560 --> 01:27:08.560]  Okay.
[01:27:08.560 --> 01:27:14.880]  Well, I've talked to two of you before and Joe, it's a pleasure to talk to you.
[01:27:14.880 --> 01:27:23.560]  And I had a virtual barbecue and whiskey situation with Mr. Skidmore one time, years ago.
[01:27:23.560 --> 01:27:26.840]  I want to say that that magic mud stuff is awesome.
[01:27:26.840 --> 01:27:29.840]  That what?
[01:27:29.840 --> 01:27:31.840]  Magic mud, my magic mud.
[01:27:31.840 --> 01:27:34.040]  Oh, oh, oh, okay.
[01:27:34.040 --> 01:27:36.640]  Okay, you went and got you some of that.
[01:27:36.640 --> 01:27:38.000]  What's it done for you?
[01:27:38.000 --> 01:27:42.280]  I drink and smoke and cuss and my mouth is just as clean as can be.
[01:27:42.280 --> 01:27:43.280]  Good for you.
[01:27:43.280 --> 01:27:44.280]  Yeah.
[01:27:44.280 --> 01:27:45.280]  Good for you.
[01:27:45.280 --> 01:27:55.120]  I'm calling because, and I've called in before, I've got your prototypical mortgage that was
[01:27:55.120 --> 01:27:57.680]  immediately flipped over to Countrywide.
[01:27:57.680 --> 01:28:03.440]  And then after several years, it went to B of A home loans and then it went to B of A.
[01:28:03.440 --> 01:28:04.440]  Oh, wonderful.
[01:28:04.440 --> 01:28:05.440]  Wait, wait, wait, wait.
[01:28:05.440 --> 01:28:06.440]  How do you know that?
[01:28:06.440 --> 01:28:08.760]  Yeah, that was going to be my next question.
[01:28:08.760 --> 01:28:13.640]  Well, I just mean that they're the ones that started sending me the bill, you know.
[01:28:13.640 --> 01:28:14.640]  Sure.
[01:28:14.640 --> 01:28:15.640]  Yeah.
[01:28:15.640 --> 01:28:16.640]  But what you have to understand is...
[01:28:16.640 --> 01:28:17.640]  Can I send you a bill too?
[01:28:17.640 --> 01:28:18.640]  Would you pay it if I sent you a bill?
[01:28:18.640 --> 01:28:23.760]  When Bank of America acquired Countrywide in February of 08, okay, they acquired the
[01:28:23.760 --> 01:28:26.600]  personal assets, Steve.
[01:28:26.600 --> 01:28:33.400]  So what they've acquired were millions of boxes of documents, all right, that at one
[01:28:33.400 --> 01:28:39.240]  time had been tangible promissory notes that evidence debt.
[01:28:39.240 --> 01:28:40.240]  Right.
[01:28:40.240 --> 01:28:48.880]  However, in many, in the majority of these documents that had one time been tangible
[01:28:48.880 --> 01:28:54.120]  promissory notes, they had sold that debt years later, shortly after closing, all right.
[01:28:54.120 --> 01:28:55.660]  They'd sold that debt.
[01:28:55.660 --> 01:29:01.120]  So when Bank of America comes forth today with this piece of paper that they claim to
[01:29:01.120 --> 01:29:09.280]  be the wedding signature, all right, they've got simple possession, all right, simple possession
[01:29:09.280 --> 01:29:12.280]  of a piece of paper, which evidence is nothing.
[01:29:12.280 --> 01:29:16.040]  You're looking at a paper corpse, right?
[01:29:16.040 --> 01:29:21.800]  Simple possession, not legal possession with acquired legal rights.
[01:29:21.800 --> 01:29:22.800]  So fine.
[01:29:22.800 --> 01:29:23.800]  You have a piece of paper.
[01:29:23.800 --> 01:29:27.600]  I've heard you explain that, yes, I understand that.
[01:29:27.600 --> 01:29:38.320]  Now somebody except Bank of America's mailed that piece of paper to a new company now.
[01:29:38.320 --> 01:29:40.600]  We got, we got music in the background.
[01:29:40.600 --> 01:29:41.600]  Stay there, Steve.
[01:29:41.600 --> 01:29:47.720]  We'll be right back to you after this break, folks, 512-646-1984 is a number you can dial
[01:29:47.720 --> 01:29:52.160]  to join us in conversation, ask questions, tell us we're ugly, tell us we're stupid.
[01:29:52.160 --> 01:29:53.360]  Tell us you love us.
[01:29:53.360 --> 01:29:54.360]  Tell us something.
[01:29:54.360 --> 01:29:56.360]  We'll see you on the other side of this break.
[01:29:56.360 --> 01:29:57.360]  Stay tuned.
[01:29:57.360 --> 01:30:06.760]  Do you sleep with your cell phone if the answer is yes, you might be among a growing number
[01:30:06.760 --> 01:30:08.560]  of folks who suffer from nomophobia.
[01:30:08.560 --> 01:30:14.160]  I'm Dr. Catherine Albrecht and I'll tell you about people's growing fear of being disconnected
[01:30:14.160 --> 01:30:16.040]  next.
[01:30:16.040 --> 01:30:17.780]  Privacy is under attack.
[01:30:17.780 --> 01:30:21.400]  When you give up data about yourself, you'll never get it back again.
[01:30:21.400 --> 01:30:26.360]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:26.360 --> 01:30:32.000]  So protect your rights, say no to surveillance and keep your information to yourself.
[01:30:32.000 --> 01:30:34.140]  Privacy it's worth hanging on to.
[01:30:34.140 --> 01:30:39.760]  This message is brought to you by StartPage.com, the private search engine alternative to Google,
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[01:30:45.000 --> 01:30:49.360]  Do you take your cell phone into the bathroom or panic if it's not in arm's reach?
[01:30:49.360 --> 01:30:54.200]  Do you keep an extra phone on hand just in case your main phone stops working?
[01:30:54.200 --> 01:30:59.120]  If you do any of these things, you may have nomophobia or no mobile phobia, the fear
[01:30:59.120 --> 01:31:01.240]  of being caught without your cell phone.
[01:31:01.240 --> 01:31:02.240]  And you wouldn't be alone.
[01:31:02.240 --> 01:31:07.160]  A recent survey finds two-thirds of us feel afraid without our cell phones.
[01:31:07.160 --> 01:31:09.720]  That's a huge increase over just four years ago.
[01:31:09.720 --> 01:31:13.640]  And the problem is even worse among young people, where nearly eight out of ten people
[01:31:13.640 --> 01:31:16.680]  under 24 feel anxious when they're unplugged.
[01:31:16.680 --> 01:31:22.720]  Hmm, how could a technology that's supposed to simplify our lives have become such a burden?
[01:31:22.720 --> 01:31:31.520]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[01:31:31.520 --> 01:31:32.520]  I lost my son.
[01:31:32.520 --> 01:31:33.520]  My nephew.
[01:31:33.520 --> 01:31:34.520]  My uncle.
[01:31:34.520 --> 01:31:35.520]  My son.
[01:31:35.520 --> 01:31:36.520]  On September 11th, 2001.
[01:31:36.520 --> 01:31:39.800]  Most people don't know that a third tower fell on September 11th.
[01:31:39.800 --> 01:31:43.920]  World Trade Center 7, a 47-story skyscraper, was not hit by a plane.
[01:31:43.920 --> 01:31:49.760]  Although the official exclamation is that fire brought down Building 7, over 1,200 architects
[01:31:49.760 --> 01:31:53.480]  and engineers have looked into the evidence and believe there is more to the story.
[01:31:53.480 --> 01:31:55.000]  Bring justice to my son.
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[01:33:04.240 --> 01:33:05.240]  Looking for some truth?
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[01:33:33.200 --> 01:33:35.640]  Okay, we're talking to Steve.
[01:33:35.640 --> 01:33:36.640]  Steve, how are you?
[01:33:36.640 --> 01:33:37.640]  I'm busy in here tonight.
[01:33:37.640 --> 01:33:38.640]  I had to light the wood stove again.
[01:33:38.640 --> 01:33:47.640]  All right, so how can we help you tonight?
[01:33:47.640 --> 01:33:55.160]  We wouldn't know about that because we're in Texas and it never gets cold in Texas.
[01:33:55.160 --> 01:33:58.960]  People say that, but that's a bunch of Yankee propaganda.
[01:33:58.960 --> 01:34:05.160]  I have reduced the whole summer's worth of wood cutting and log splitting and piles and
[01:34:05.160 --> 01:34:11.120]  piles of wood this winter down to one 55-gallon barrel of ash.
[01:34:11.120 --> 01:34:15.640]  Anyway, I'm not going to tell you all the details.
[01:34:15.640 --> 01:34:21.840]  I could tell you about how I was an unsophisticated consumer and I did business with a local mortgage
[01:34:21.840 --> 01:34:26.440]  broker because I wanted my loan to stay local because I was refinancing and the bank that
[01:34:26.440 --> 01:34:31.840]  I was moving from was also local and they held the loan on the shelf and then the first
[01:34:31.840 --> 01:34:36.160]  month I had the loan, it went to Countrywide and yada, yada, yada, but here's the interesting
[01:34:36.160 --> 01:34:37.960]  thing I wanted to tell you tonight.
[01:34:37.960 --> 01:34:41.960]  Bank of America flipped it to a company in Florida called Everhome about six months ago
[01:34:41.960 --> 01:34:49.160]  and they're a subsidiary of a St. Louis bank called Everbank.
[01:34:49.160 --> 01:34:57.160]  I sent a request for validation and I didn't send the heavy hitting letter that Randy talked
[01:34:57.160 --> 01:35:04.080]  to me about one time because I didn't want to get hit back too heavy first time, but
[01:35:04.080 --> 01:35:14.080]  I did use the right terms and I told them that it was not my obligation to tell them
[01:35:14.080 --> 01:35:25.120]  what their duties were and I used terms like presentment and so on and their response was
[01:35:25.120 --> 01:35:30.400]  well, and I wish I had that in front of me, but I hadn't planned on calling tonight.
[01:35:30.400 --> 01:35:32.240]  This was an impromptu call.
[01:35:32.240 --> 01:35:36.840]  They said in so many words that they couldn't provide me with the original documents because
[01:35:36.840 --> 01:35:45.320]  they didn't exist anymore and that I had an obligation because I promised to pay and what
[01:35:45.320 --> 01:35:50.920]  they did send me of course were photocopies of the deed of trust and the note and here's
[01:35:50.920 --> 01:35:55.000]  the interesting little caveat that I wanted to throw in tonight because I haven't ever
[01:35:55.000 --> 01:35:57.840]  heard it on your show before.
[01:35:57.840 --> 01:36:02.920]  The copy of the note, the photocopy that they sent me which they used as proof that I was
[01:36:02.920 --> 01:36:14.760]  obligated is a photocopy of an altered note and the note and I want to interject this
[01:36:14.760 --> 01:36:15.760]  now.
[01:36:15.760 --> 01:36:24.620]  This is UCC 3-604 discharge by cancellation and it says a person entitled to enforce an
[01:36:24.620 --> 01:36:31.100]  instrument with or without consideration may discharge the obligation to pay the instrument
[01:36:31.100 --> 01:36:37.040]  by an intentional voluntary act such as surrender of the instrument, destruction, mutilation
[01:36:37.040 --> 01:36:43.120]  or cancellation of the instrument, cancellation or striking out of the party's signature
[01:36:43.120 --> 01:36:48.680]  or the addition of words to the instrument indicating discharge and so on and so forth.
[01:36:48.680 --> 01:36:57.520]  So the Xerox copy of the note that they sent me had holes punched in it and had my signature
[01:36:57.520 --> 01:37:06.320]  striked out and it had in a type written you know because the note was originally a
[01:37:06.320 --> 01:37:12.320]  form, a printed form from the government I guess and it had typed at the bottom there
[01:37:12.320 --> 01:37:18.680]  was obvious intention by the original broker to endorse that over to Countrywide because
[01:37:18.680 --> 01:37:22.880]  it had an endorsement to Countrywide at the bottom of course the endorsement wasn't ever
[01:37:22.880 --> 01:37:23.880]  signed.
[01:37:23.880 --> 01:37:29.400]  It had an incomplete stamp and that's what you're saying paid to the order of within
[01:37:29.400 --> 01:37:31.400]  as of yet unnamed payee.
[01:37:31.400 --> 01:37:40.080]  No, the payee was named Countrywide but it wasn't signed so I'm thinking that this the
[01:37:40.080 --> 01:37:47.200]  copy that they photocopied, the document that they photocopied must have been you know it
[01:37:47.200 --> 01:37:56.080]  dates back to 2003 because my broker sold me the loan and a month later it went to Countrywide
[01:37:56.080 --> 01:38:01.520]  so I'm thinking that they got a photocopy of a document that either belonged to my broker
[01:38:01.520 --> 01:38:07.120]  or it belonged to Fannie Mae and they sent me a copy of a note again I'll say that was
[01:38:07.120 --> 01:38:17.040]  mutilated by perforation and my signature is striked out.
[01:38:17.040 --> 01:38:21.880]  So I'm thinking that's a cancelled note.
[01:38:21.880 --> 01:38:29.040]  No, I mean it is a copy here's what you have to understand many times they take those documents
[01:38:29.040 --> 01:38:35.120]  and they do punch holes in them because they put them into a folder that's normal all right
[01:38:35.120 --> 01:38:41.080]  many banks it's standard operating procedure you've got what's called a collateral jacket
[01:38:41.080 --> 01:38:46.360]  all right and your collateral jacket has hundreds of documents in it and the note is part of
[01:38:46.360 --> 01:38:56.360]  it and many times those mom-and-pop small lenders they had what's a good word they had
[01:38:56.360 --> 01:39:01.680]  agreements with banks like Countrywide or Wells Fargo where they would sell them their
[01:39:01.680 --> 01:39:09.300]  loans all right because they did not have the volume where they could deal with Fannie
[01:39:09.300 --> 01:39:13.600]  Mae direct or they could deal with Freddie Mac direct so they would sell the Countrywide
[01:39:13.600 --> 01:39:22.200]  and Countrywide would then package those mortgage loan instruments together and then Countrywide
[01:39:22.200 --> 01:39:28.560]  would sell the obligations to Fannie Mae, Freddie Mac, Ginny Mae or whomever.
[01:39:28.560 --> 01:39:36.320]  So it's not necessarily mutilated I mean they sent you a copy that's what it is okay it's
[01:39:36.320 --> 01:39:48.240]  a copy of your note yeah where they struck out your name yes and the holes are obvious
[01:39:48.240 --> 01:39:51.720]  they're at the top of the page they're probably on a clipboard with the two rent with the
[01:39:51.720 --> 01:39:59.200]  two big groups at the top yeah that's yeah the best so that they can all go into that
[01:39:59.200 --> 01:40:05.040]  okay I'm looking at my mortgage documents I've got pre-closing and post-closing documents
[01:40:05.040 --> 01:40:16.780]  my pre-closing package is all legal paper the long sheets okay the copy that I get back
[01:40:16.780 --> 01:40:24.480]  after the closing is all eight by eleven sheets and it's in this nice fancy little binder
[01:40:24.480 --> 01:40:34.320]  and it's clasped at the top with one of those metal fold over type of clasps kind of hard
[01:40:34.320 --> 01:40:39.840]  to describe over the radio but it's a metal clasp that holds that binds all the documents
[01:40:39.840 --> 01:40:46.280]  together at the top through two holes that's that's that you're going to get that with
[01:40:46.280 --> 01:40:52.720]  all mortgages that's not necessarily a mutilation even if it is a mutilation it did nothing
[01:40:52.720 --> 01:40:58.520]  to the value of the instruments okay now if they punched holes where there was words
[01:40:58.520 --> 01:41:03.360]  written that's a different story but it was necessary to punch those holes to put it in
[01:41:03.360 --> 01:41:09.880]  a in a package so as to be bound together for your receipt so that you could keep them
[01:41:09.880 --> 01:41:16.120]  bound together and keep track of them easier that was that was for your convenience subsequently
[01:41:16.120 --> 01:41:20.200]  that is the same copy that was in the in the public record that they sent you a copy of
[01:41:20.200 --> 01:41:28.880]  and there's been some patriot mythology around about if they staple a document the document
[01:41:28.880 --> 01:41:35.360]  becomes void there's no such thing yeah i heard that years ago but if they strike your
[01:41:35.360 --> 01:41:44.080]  name out out of the signature that's a big deal now that you know that sounds like exactly
[01:41:44.080 --> 01:41:57.840]  this what was the ucc code you read who you who uh steve me oh not you steve steve another
[01:41:57.840 --> 01:42:06.480]  steve the issue oh they oh what was the answer to the request for validation no the ucc code
[01:42:06.480 --> 01:42:13.640]  you read about uh mutilating or altering the note three dash six oh four three dash six
[01:42:13.640 --> 01:42:19.960]  oh four uh destruction mutilation or cancellation of the instrument comma cancellation or striking
[01:42:19.960 --> 01:42:25.080]  out of the party signature comma or the addition of words to the instrument indicating discharge
[01:42:25.080 --> 01:42:37.160]  and it goes on oh was your was your name stricken out or was your name altered it was stricken
[01:42:37.160 --> 01:42:47.000]  out with two slash marks did they put your name back in in some manner uh i don't think
[01:42:47.000 --> 01:42:55.400]  so then look that sounds to me like an attempt to to erase you from from the equation well
[01:42:55.400 --> 01:42:59.560]  i'll tell you what it looks like to me i mean my first impression was that when somebody
[01:42:59.560 --> 01:43:07.440]  put this in their master log some bureaucrat and as the because also the you know the the
[01:43:07.440 --> 01:43:14.960]  amount is stricken out and a couple other key items on there uh my uh you know my name
[01:43:14.960 --> 01:43:20.560]  at the top and address maybe i don't have it in front of me and the date and uh and
[01:43:20.560 --> 01:43:25.960]  the the total amount due and so on are stricken out and my signature is stricken out as if
[01:43:25.960 --> 01:43:30.800]  as if they were checking it off as they went down the list and made their entries in the
[01:43:30.800 --> 01:43:35.400]  master book or something you know the way you would the way you would check on to do
[01:43:35.400 --> 01:43:45.320]  a checklist and check them off as you uh but uh that's what i would argue in court yeah
[01:43:45.320 --> 01:43:52.640]  well we're going to break uh 512-646 stay there steve uh 512-646-1984 folks if you'd
[01:43:52.640 --> 01:43:57.040]  like to join us in conversation the phone lines are open give us a call we'll be right
[01:43:57.040 --> 01:44:03.080]  back after this message do you feel tired when talking about important topics like money
[01:44:03.080 --> 01:44:08.120]  and politics are you confused by words like the constitution or the federal reserve what
[01:44:08.120 --> 01:44:13.960]  if so you may be diagnosed with the deadliest disease known today stupidity hi my name is
[01:44:13.960 --> 01:44:18.640]  steve holt and like millions of other americans i was diagnosed with stupidity at an early
[01:44:18.640 --> 01:44:23.240]  age i had no idea that the number one cause of the disease is found in almost every home
[01:44:23.240 --> 01:44:29.000]  in america the television unfortunately that puts most americans at risk of catching stupidity
[01:44:29.000 --> 01:44:33.760]  but there is hope the staff at brave new books have helped me and thousands of other poxaholics
[01:44:33.760 --> 01:44:38.920]  suffering from sports zombieism recover and because of brave new books i now enjoy reading
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[01:46:21.640 --> 01:46:42.640]  as we so so shall we read the words of literature from so many fruits the words they put on
[01:46:42.640 --> 01:46:45.640]  oh how we see
[01:46:45.640 --> 01:47:13.080]  bring us in randy okay this is randy telton steve get gotcha joe escobel rule of law radio
[01:47:13.080 --> 01:47:23.240]  and we were discussing on the break alterations to the document and steve one of the one of
[01:47:23.240 --> 01:47:33.680]  the things that came up was this was an alteration on a copy however if they're saying the originals
[01:47:33.680 --> 01:47:41.680]  don't exist anymore and they have stricken the names out on the copy now striking the
[01:47:41.680 --> 01:47:45.360]  names out on the copy wouldn't necessarily be a necessary be a problem because it's not
[01:47:45.360 --> 01:47:51.080]  the original document but if they don't have the original document that would be a problem
[01:47:51.080 --> 01:47:59.040]  well and their original document what he said was they said steve didn't you say they said
[01:47:59.040 --> 01:48:07.720]  that the original didn't exist they said title they said that the chain of title they used
[01:48:07.720 --> 01:48:14.400]  the word chain of title the phrase chain of title couldn't be verified because the documents
[01:48:14.400 --> 01:48:18.800]  didn't exist anymore or something like okay then if they're saying the original doesn't
[01:48:18.800 --> 01:48:25.240]  exist and they're offering this as evidence then the evidence they're offering is that
[01:48:25.240 --> 01:48:33.120]  your name has been stricken out yes so i'd read it i'd like to have a comp i definitely
[01:48:33.120 --> 01:48:39.280]  keep a copy of that letter yeah definitely i got all kinds of stuff i have a tape recording
[01:48:39.280 --> 01:48:46.160]  of the gal at the broker telling me that they sold the thing but they copy i wanted to just
[01:48:46.160 --> 01:48:52.920]  clarify they didn't line out my name on the photocopy they sent me a photocopy of an altered
[01:48:52.920 --> 01:49:07.040]  original that was lined out oh that's better yes that is a significant okay what are the
[01:49:07.040 --> 01:49:12.920]  elements of the document this type of document is a negotiable instrument this instrument
[01:49:12.920 --> 01:49:20.440]  has to be created its creator created it with his mark that's you with what is called your
[01:49:20.440 --> 01:49:29.720]  signature if in fact they have altered your signature the very thing that created the
[01:49:29.720 --> 01:49:39.040]  instrument itself okay if they have altered the original that's would you say that that's
[01:49:39.040 --> 01:49:51.320]  a significant alteration i would yeah i agree um drop that in google scholar and see what
[01:49:51.320 --> 01:50:01.000]  you get back uh you guys talk and i'll do it google scholar is foreign to me okay it's
[01:50:01.000 --> 01:50:05.760]  real easy if you can use a search engine you can find case law with google scholar that's
[01:50:05.760 --> 01:50:12.080]  a poor man's lexus and if you have any problem with it uh just go out and flag down the first
[01:50:12.080 --> 01:50:18.640]  10 year olds you see yes they have him come and explain that this is the 21st century
[01:50:18.640 --> 01:50:25.560]  hey my friend who moved to mexico and uses an ipad to communicate back uh he has to go
[01:50:25.560 --> 01:50:31.520]  down to the local hotel to get on on the wi-fi he did that exact thing with his ipad and
[01:50:31.520 --> 01:50:39.240]  this little mexican kid helps him with it uh well a lot of you here on listening may
[01:50:39.240 --> 01:50:45.560]  know robert fox and i was talking to robert fox a while back and he was having trouble
[01:50:45.560 --> 01:50:51.000]  with email and i'm trying to explain it to him and i'm not making any progress and finally
[01:50:51.000 --> 01:50:57.800]  i said dog on it robert just go out into the street and flag down the first 10 year old
[01:50:57.800 --> 01:51:08.720]  you see and have him explain this to you and robert said that's cold true but cold he couldn't
[01:51:08.720 --> 01:51:17.360]  find the 10 year old so he still can use his email but but anyway uh yeah i have trouble
[01:51:17.360 --> 01:51:25.200]  with google scholar i do just find just going on a search engine and putting in the terms
[01:51:25.200 --> 01:51:32.640]  i need i find good case law easier that way than i do try to dig through lexus the only
[01:51:32.640 --> 01:51:41.680]  thing i find a value in lexus are the annotated statutes and then disarneos disarneos is pretty
[01:51:41.680 --> 01:51:54.480]  good i mean it gives a bit similar to to annotations anyway uh the statute the ucc code you read
[01:51:54.480 --> 01:52:01.360]  and what you told us about this note that certainly seems to fit the intent of the statute
[01:52:01.360 --> 01:52:08.480]  and it sounded to me like the statute was saying you know this is not toilet paper these
[01:52:08.480 --> 01:52:17.820]  documents are important take care of them if you don't you'll get hammered okay look
[01:52:17.820 --> 01:52:22.320]  into now keep in mind this is archived uh don't expect you to be able to write this
[01:52:22.320 --> 01:52:25.680]  down but i'll only give it to you once this will make you go back and listen again ha
[01:52:25.680 --> 01:52:34.360]  ha ha that's your little trick um del del piano versus mortgage electronic registration
[01:52:34.360 --> 01:52:51.720]  systems ink number one one dash zero zero one four zero s o m slash b m k parentheses
[01:52:51.720 --> 01:53:06.420]  d period space h.a.w. period space february feb or february 24th 2012 and another case
[01:53:06.420 --> 01:53:23.360]  is in regard to or in re d and k aviation incorporated 349 br 169 parentheses b n k
[01:53:23.360 --> 01:53:33.080]  r dot s d ohio 2006 go look into those cases they're probably going to be negative to what
[01:53:33.080 --> 01:53:42.680]  you are looking for but um look into some of the case law and see how how the the uh
[01:53:42.680 --> 01:53:50.280]  superior courts of of the united states or your state has defined a significant alteration
[01:53:50.280 --> 01:53:58.840]  pursuant to ucc 3-604 yeah or do you have do that on the web i just did that on google
[01:53:58.840 --> 01:54:06.840]  scholar i came up with these two hits only two hits and you have to keep in mind that
[01:54:06.840 --> 01:54:14.320]  uh we're talking about equity earlier this goes to equity the courts are going to look
[01:54:14.320 --> 01:54:21.360]  at this and say you know we're not going to say these this company can't collect this
[01:54:21.360 --> 01:54:29.920]  very large debt because some moron in their office was doodling on the document this is
[01:54:29.920 --> 01:54:36.440]  going to have to show a deliberate intent to cancel the document not just some marks
[01:54:36.440 --> 01:54:43.240]  on it so i don't think you unless it's clear they intended to alter the document for some
[01:54:43.240 --> 01:54:55.760]  reason that would show unclean hands then in equity they're not going to deny these
[01:54:55.760 --> 01:55:05.200]  this company its right to collect because of a a change that's not obviously of substance
[01:55:05.200 --> 01:55:10.880]  right but where he could go randy was under uh the state's equivalence to the uniform
[01:55:10.880 --> 01:55:18.360]  commercial code three dash one one five incomplete instrument where words are written showing
[01:55:18.360 --> 01:55:27.400]  intent but until the instrument is completed by the filling in of those words you have
[01:55:27.400 --> 01:55:33.480]  an incomplete instrument like you're saying where it's not properly endorsed where it's
[01:55:33.480 --> 01:55:40.000]  endorsed to somebody but the well he's saying he hasn't signed it right well exactly he's
[01:55:40.000 --> 01:55:44.520]  saying there's a stamp on it but it's not signed well all right well we see the intent
[01:55:44.520 --> 01:55:51.000]  but intent does not overcome requirements of law and if an interest of that mortgage
[01:55:51.000 --> 01:55:57.880]  loan instrument was sold all right and we were to find it then they sold less than the
[01:55:57.880 --> 01:56:05.960]  entire instrument and now you go to um 3203 you know d if the transfer purports to transfer
[01:56:05.960 --> 01:56:10.680]  less than the entire instrument negotiation does not occur transfer only obtained partial
[01:56:10.680 --> 01:56:20.680]  rights under this article so again i agree you know look at incomplete instrument and
[01:56:20.680 --> 01:56:27.600]  then look at acquiring rights you've got a lot there steve yeah you know this is on top
[01:56:27.600 --> 01:56:32.800]  of all the other issues that you all talk about all the time you know i'm the mer's
[01:56:32.800 --> 01:56:37.600]  the mer's mortgage that's been that has not been perfected now i know you're coming up
[01:56:37.600 --> 01:56:42.000]  so i'll just it had never been perfected in the county record it still shows the original
[01:56:42.000 --> 01:56:49.000]  mortgage broker broker's name and that's all so it's been through four four hands now you
[01:56:49.000 --> 01:56:54.440]  know probably with the jsc one of the things i did in my research and then i'll go before
[01:56:54.440 --> 01:56:59.480]  the break um you know poking around the edges of this issue for a couple years now i went
[01:56:59.480 --> 01:57:03.480]  back to the title company and started having conversations with the lady over there the
[01:57:03.480 --> 01:57:08.800]  boss lady you know i really i i don't think they know much there or maybe they do but
[01:57:08.800 --> 01:57:13.120]  you know title so i've come to the conclusion now that title companies are just you know
[01:57:13.120 --> 01:57:19.560]  they're just counterfeiting operations but uh so we had we had a couple of talks and
[01:57:19.560 --> 01:57:26.480]  one time she even let me record her for about 40 minutes but um when i went back last time
[01:57:26.480 --> 01:57:31.760]  about months five six months ago and you know we were talking about the lack of the lack
[01:57:31.760 --> 01:57:38.200]  of assignments and the lack of uh of uh of uh any recordings in the county when i mentioned
[01:57:38.200 --> 01:57:45.080]  the word perfection when i said they weren't perfected these assignments she wouldn't talk
[01:57:45.080 --> 01:57:51.480]  to me anymore after that she said you need to talk to our lawyer struck a nerve didn't
[01:57:51.480 --> 01:57:59.720]  you and he was curious enough that when i that he talked to me for an hour and a week
[01:57:59.720 --> 01:58:05.000]  later you know when i went up there uh because i paid him to do a title search or whatever
[01:58:05.000 --> 01:58:10.360]  you know that information i already had but he did you do a title search or an abstract
[01:58:10.360 --> 01:58:15.640]  well they did an abstract on the county record um that lawyer told me he said you'll never
[01:58:15.640 --> 01:58:20.920]  win in this county or in the city or you know and or at the federal court at the level you'll
[01:58:20.920 --> 01:58:28.280]  never win here well that's that's debatable uh here we are coming into break uh folks
[01:58:28.280 --> 01:58:32.200]  i use that word perfection at the title company and they were like they won't talk no more
[01:58:33.480 --> 01:58:39.560]  yeah you struck a nerve yeah this goes back to what we've been talking about all night
[01:58:41.080 --> 01:58:46.840]  yeah we've been talking about falling off the cliff we'll be right back five one two
[01:58:46.840 --> 01:58:54.760]  six four six 1984 stay tuned the bible remains the most popular book in the world yet countless
[01:58:54.760 --> 01:59:00.200]  readers are frustrated because they struggle to understand it some new translations try to help
[01:59:00.200 --> 01:59:06.040]  by simplifying the text but in the process can compromise the profound meaning of the scripture
[01:59:06.920 --> 01:59:13.400]  enter the recovery version first this new translation is extremely faithful and accurate
[01:59:13.400 --> 01:59:19.560]  but the real story is the more than 9 000 explanatory footnotes difficult and profound
[01:59:19.560 --> 01:59:25.480]  passages are opened up in a marvelous way providing an entrance into the riches of the word beyond
[01:59:25.480 --> 01:59:31.240]  which you've ever experienced before bibles for america would like to give you a free recovery
[01:59:31.240 --> 01:59:37.720]  version simply for the asking this comprehensive yet compact study bible is yours just by calling
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