ROL_2014-03-28_16k_Hr3-4.timecode

[00:00.000 --> 00:04.920]  The promise of becoming the most transparent administration in history has not only turned out to be untrue
[00:05.080 --> 00:11.000]  It's actually becoming the converse. I'm Ben Swan with your truth in media moment brought to you in part by benswan.com
[00:11.840 --> 00:20.040]  Is it possible that the Obama administration is not only not the most transparent but has become the most secretive administration in US history
[00:20.760 --> 00:28.400]  Consider a new report from the Associated Press that states quote more often than ever the administration censored government files or outright
[00:28.400 --> 00:34.480]  Denied access to them last year under the US Freedom of Information Act cited more legal exceptions
[00:34.480 --> 00:41.260]  It said justified withholding materials and refused and record number of times to turn over files quickly
[00:41.260 --> 00:43.840]  That might be especially newsworthy end quote
[00:44.120 --> 00:49.760]  So how does the president and his administration get away with this and why do they say they're doing a good job?
[00:49.760 --> 00:51.760]  I'll tell you after this
[00:51.760 --> 01:02.160]  The destruction of constitutional liberties and endless foreign wars the voice of the people silenced while lawmakers simply enrich themselves and the political class
[01:02.160 --> 01:09.320]  I'm Ben Swan. Is it about left versus right? No, the real fight is liberty versus tyranny at benswan.com
[01:09.320 --> 01:11.320]  We are breaking the left-right paradigm
[01:11.360 --> 01:19.600]  We know that the American two-party system is broken and that to restore American liberty means to restore your right as an individual
[01:19.600 --> 01:25.680]  At benswan.com we cover stories. The national media won't touch from the National Defense Authorization Act
[01:26.360 --> 01:27.600]  tonalification
[01:27.600 --> 01:30.400]  militarization of police and crony capitalism
[01:30.560 --> 01:37.320]  We are the face of new media benswan.com where humanity is greater than politics
[01:38.400 --> 01:41.160]  The chief of the Justice Department's Office of Information Policy
[01:41.320 --> 01:48.000]  Which oversees open records law told the Senate last week that some of the 99 agencies in the past five years
[01:48.000 --> 01:53.360]  Have released documents in full or in part in more than 90% of cases
[01:53.360 --> 01:58.160]  She also pointed out that a record number of requests for information were made more than
[01:58.160 --> 02:04.960]  700,000 for the first time last year the Obama administration patting themselves on the back for transparency
[02:04.960 --> 02:13.360]  But what the Obama administration isn't telling you is that in nearly 250,000 cases government censored or fully denied access to information
[02:13.360 --> 02:18.680]  That was 36% of the time in almost another 200,000 cases
[02:18.680 --> 02:24.920]  The government said it couldn't find records a person refused to pay for copies or the government determined the request to be
[02:25.200 --> 02:31.480]  Unreasonable or improper what's more when government did provide information sometimes the government censored only a few words
[02:31.680 --> 02:37.920]  Like an employee's phone number, but other times it completely marked out nearly every paragraph on pages
[02:37.920 --> 02:44.240]  Look, the reality is this government is not responsive to journalists or the public but in reality
[02:44.240 --> 02:46.320]  That's not just an Obama problem
[02:46.320 --> 02:51.960]  That's a problem with bureaucratic view a bureaucratic view that's for too long has been bred in America
[02:51.960 --> 03:09.680]  Regardless of which party Republicans or Democrats is in power?
[03:09.680 --> 03:27.680]  Well I received my remedy today came in a box just like they say I accepted it for value right away
[03:27.680 --> 03:43.680]  We are originators and the pathway seems to get straighter every day and I can take anything that belongs to me and put it to good use
[03:43.680 --> 03:48.680]  Okay, this is Randy Kelton Joe Esquivel and you're not Randy Kelton
[03:48.680 --> 03:51.680]  No, I'm Joe today
[03:51.680 --> 03:53.680]  The other ones who's on first
[03:53.680 --> 03:58.680]  We can go to John in Texas John what have you got for us
[03:58.680 --> 04:00.680]  Am I on?
[04:00.680 --> 04:01.680]  You're on
[04:01.680 --> 04:02.680]  You're on
[04:02.680 --> 04:03.680]  Okay
[04:03.680 --> 04:04.680]  Full boogie brother
[04:04.680 --> 04:07.680]  Here's what I've got I'm in a foreclosure
[04:07.680 --> 04:08.680]  Oh no
[04:08.680 --> 04:11.680]  It was a countywide
[04:11.680 --> 04:14.680]  Now here's the problem
[04:14.680 --> 04:17.680]  Well say that again countywide
[04:17.680 --> 04:21.680]  Countywide foreclosure explain this
[04:21.680 --> 04:26.680]  Okay it was assigned to Bank of America
[04:26.680 --> 04:28.680]  The problem is it was
[04:28.680 --> 04:31.680]  Okay you're talking countrywide
[04:31.680 --> 04:32.680]  Countrywide yes
[04:32.680 --> 04:34.680]  Okay, okay
[04:34.680 --> 04:37.680]  Just wanted to continue
[04:37.680 --> 04:42.680]  The lender is America Wholesale Lender
[04:42.680 --> 04:47.680]  A New York corporation
[04:47.680 --> 04:56.680]  There was never a corporation New York Corporation of America's Wholesale Lender didn't exist
[04:56.680 --> 05:02.680]  I went to the US Patent and Trademark Office and ran a check up there
[05:02.680 --> 05:10.680]  They've got that name registered but it's only for advertisement purposes
[05:10.680 --> 05:14.680]  So who does that company come back to who does the name come back to
[05:14.680 --> 05:16.680]  It doesn't
[05:16.680 --> 05:18.680]  Interesting
[05:18.680 --> 05:27.680]  Not to be confused with countrywide country home loan DBA
[05:27.680 --> 05:31.680]  America's Wholesale Lender there is one of those but this is different
[05:31.680 --> 05:35.680]  It's a New York corporation but it never existed
[05:35.680 --> 05:40.680]  MERS never got it because it's just a name
[05:40.680 --> 05:44.680]  Does it say this is a New York corporation?
[05:44.680 --> 05:48.680]  There's no such thing
[05:48.680 --> 05:53.680]  I'm confused right under lender all right for your
[05:53.680 --> 05:58.680]  When I got the loan it was America's Wholesale Lender
[05:58.680 --> 05:59.680]  Okay
[05:59.680 --> 06:03.680]  It was on the note as well as the deed of trust
[06:03.680 --> 06:04.680]  Okay
[06:04.680 --> 06:09.680]  But it never existed ever
[06:09.680 --> 06:11.680]  Have you all ever ran into that?
[06:11.680 --> 06:15.680]  I've heard of America Wholesale Lender several times
[06:15.680 --> 06:19.680]  But this is a New York corporation that's what's in the documentation
[06:19.680 --> 06:23.680]  Okay if it doesn't exist how can it be a New York corporation?
[06:23.680 --> 06:28.680]  Here's what in my opinion they were doing
[06:28.680 --> 06:33.680]  They were doing that to save money and taxes
[06:33.680 --> 06:36.680]  That's what I'm getting feedback on
[06:36.680 --> 06:41.680]  But they never had a license they were never organized ever
[06:41.680 --> 06:45.680]  It did not exist on the note as well as the deed of trust
[06:45.680 --> 06:51.680]  They were faking it as if they were doing countywide DBA
[06:51.680 --> 06:57.680]  Which is registered in Texas but not the New York corporation
[06:57.680 --> 07:01.680]  America's Wholesale Lender is the trade name of countrywide
[07:01.680 --> 07:03.680]  That's correct
[07:03.680 --> 07:04.680]  Okay
[07:04.680 --> 07:10.680]  They're saying it's a New York corporation that was organized under the New York laws
[07:10.680 --> 07:12.680]  But it never existed
[07:12.680 --> 07:15.680]  They were faking it
[07:15.680 --> 07:18.680]  Now this is what when I was doing this research
[07:18.680 --> 07:24.680]  So is this the entity that's foreclosing on your home?
[07:24.680 --> 07:28.680]  Well they did in an assignment to Bank of America
[07:28.680 --> 07:31.680]  But it's impossible they can't do it
[07:31.680 --> 07:35.680]  Whose they?
[07:35.680 --> 07:36.680]  Bank of America
[07:36.680 --> 07:40.680]  Bank of America did an assignment to whom?
[07:40.680 --> 07:44.680]  Bank of New York
[07:44.680 --> 07:47.680]  Where does America's Wholesale Lender fit into this?
[07:47.680 --> 07:50.680]  They said that they were the lender originally
[07:50.680 --> 07:54.680]  Hold on hold on hold on that's not what we're asking
[07:54.680 --> 07:59.680]  Where does it was America's Wholesale Lender the original lender?
[07:59.680 --> 08:00.680]  Yes
[08:00.680 --> 08:03.680]  Oh on the note
[08:03.680 --> 08:08.680]  Yes as well as the deed of trust
[08:08.680 --> 08:15.680]  Okay so this was a wholly owned subsidiary company of countrywide
[08:15.680 --> 08:19.680]  No no no no it never existed
[08:19.680 --> 08:21.680]  Don't get confused here
[08:21.680 --> 08:24.680]  The DBA had nothing to do with it
[08:24.680 --> 08:29.680]  Countrywide home loan name was never on the documentation
[08:29.680 --> 08:33.680]  Right yeah if they had come on and said
[08:33.680 --> 08:36.680]  American Wholesale Lenders
[08:36.680 --> 08:37.680]  DBA
[08:37.680 --> 08:40.680]  DBA countrywide
[08:40.680 --> 08:43.680]  No that wouldn't work either
[08:43.680 --> 08:46.680]  Because it'd have to be countrywide DBA home loan
[08:46.680 --> 08:47.680]  It's just a trade name
[08:47.680 --> 08:49.680]  It's a trade name
[08:49.680 --> 08:50.680]  That's correct
[08:50.680 --> 08:53.680]  They can't come in and use a name
[08:53.680 --> 08:57.680]  Of a company when the active company doesn't exist
[08:57.680 --> 08:59.680]  That's right
[08:59.680 --> 09:04.680]  Also MERS used that name
[09:04.680 --> 09:07.680]  And it did not exist therefore
[09:07.680 --> 09:10.680]  It didn't exist now take it a step further
[09:10.680 --> 09:11.680]  How do you pronounce that?
[09:11.680 --> 09:15.680]  What's one of the securities exchange got?
[09:15.680 --> 09:16.680]  Remick
[09:16.680 --> 09:19.680]  Right Remick real estate yes
[09:19.680 --> 09:21.680]  Real estate mortgage investment conduit
[09:21.680 --> 09:22.680]  Yes
[09:22.680 --> 09:25.680]  They never got it because it didn't exist
[09:25.680 --> 09:30.680]  Okay now you seem to be making some presumptions
[09:30.680 --> 09:32.680]  Yeah not necessarily
[09:32.680 --> 09:35.680]  And one of the things I'd like to suggest you do
[09:35.680 --> 09:39.680]  Is when you're talking about legal issues don't use pronouns
[09:39.680 --> 09:40.680]  Okay
[09:40.680 --> 09:45.680]  Because we never know who the pronoun is really referring to
[09:45.680 --> 09:51.680]  We're not sure what the referential index for they is
[09:51.680 --> 09:52.680]  Okay
[09:52.680 --> 09:54.680]  I go through this with my wife all the time
[09:54.680 --> 09:59.680]  We'll be talking about free women and she'll say she
[09:59.680 --> 10:03.680]  But America's wholesale lender never existed
[10:03.680 --> 10:07.680]  Never organized in New York never existed
[10:07.680 --> 10:10.680]  Does not have anything to do with the DBA
[10:10.680 --> 10:11.680]  Has nothing to do
[10:11.680 --> 10:17.680]  Okay good okay how are you harmed?
[10:17.680 --> 10:20.680]  I'm not being facetious here
[10:20.680 --> 10:24.680]  I'm looking to organize how we go after them for this
[10:24.680 --> 10:30.680]  Okay I had one foreclosed on me in February
[10:30.680 --> 10:32.680]  Whatever the first Tuesday was
[10:32.680 --> 10:35.680]  I threw this into Chapter 13
[10:35.680 --> 10:39.680]  Knowing that I would convert to a 7
[10:39.680 --> 10:41.680]  And I'm filing the number 7
[10:41.680 --> 10:44.680]  It's already been approved the Chapter 7
[10:44.680 --> 10:47.680]  The 19th of this month
[10:47.680 --> 10:51.680]  I'm going to do an adversity proceedings
[10:51.680 --> 10:53.680]  Which is a suit
[10:53.680 --> 10:55.680]  Adversarial proceedings
[10:55.680 --> 10:58.680]  Yeah
[10:58.680 --> 11:01.680]  In my opinion they cannot prove
[11:01.680 --> 11:03.680]  Because I've got the documentation
[11:03.680 --> 11:06.680]  From the United States Patent and Trademark
[11:06.680 --> 11:09.680]  It was only for advertisement purposes only
[11:09.680 --> 11:13.680]  Now wait wait I'm going back to how were you harmed
[11:13.680 --> 11:16.680]  In order to make the claim you have to be able to say
[11:16.680 --> 11:18.680]  I was harmed this way
[11:18.680 --> 11:20.680]  Now you went to the table
[11:20.680 --> 11:22.680]  And you acted in good faith
[11:22.680 --> 11:25.680]  And exercised due diligence
[11:25.680 --> 11:33.680]  And ensured that you only dealt with licensed lenders
[11:33.680 --> 11:36.680]  And this company came to you presented itself
[11:36.680 --> 11:40.680]  Or the lender came to you presented itself
[11:40.680 --> 11:44.680]  As a licensed and federally regulated lender
[11:44.680 --> 11:47.680]  When in fact it was no such thing
[11:47.680 --> 11:48.680]  Correct
[11:48.680 --> 11:51.680]  Fraud by non-disclosure
[11:51.680 --> 11:57.680]  You entered into an agreement with this company
[11:57.680 --> 12:01.680]  Where in you were sold a predatory loan
[12:01.680 --> 12:05.680]  By non-disclosure
[12:05.680 --> 12:07.680]  You were given partial disclosure
[12:07.680 --> 12:09.680]  But not full disclosure
[12:09.680 --> 12:12.680]  And based on the partial disclosure
[12:12.680 --> 12:15.680]  The disclosure that wasn't given
[12:15.680 --> 12:20.680]  Was information you did not at the time have equal access to
[12:20.680 --> 12:25.680]  And you believed the disclosure that was given
[12:25.680 --> 12:29.680]  You made a decision based on that good faith belief
[12:29.680 --> 12:32.680]  And you were harmed thereby
[12:32.680 --> 12:35.680]  When you make the claim
[12:35.680 --> 12:37.680]  You know if you're going to go in and say they didn't
[12:37.680 --> 12:41.680]  You know that these guys are not a licensed lender
[12:41.680 --> 12:44.680]  The judge is going to say so what
[12:44.680 --> 12:46.680]  And what he means is
[12:46.680 --> 12:48.680]  He may not say that
[12:48.680 --> 12:52.680]  But he's going to act that way
[12:52.680 --> 12:55.680]  So what means how were you harmed
[12:55.680 --> 12:58.680]  So when you take the issue on
[12:58.680 --> 13:01.680]  Always think on it
[13:01.680 --> 13:10.680]  Think of how can I frame this in a way that would show harm to me
[13:10.680 --> 13:13.680]  Well I've been paying them for 10 years
[13:13.680 --> 13:17.680]  You've been paying a non-existent company for 10 years
[13:17.680 --> 13:20.680]  But since the company exists, doesn't exist
[13:20.680 --> 13:23.680]  You can't go back and sue them for what they did wrong
[13:23.680 --> 13:26.680]  And under the Uniform Commercial Code
[13:26.680 --> 13:29.680]  If you pay an entity that's not the proper entity
[13:29.680 --> 13:32.680]  Your note is not extinguished
[13:32.680 --> 13:34.680]  Who's been cashing the checks?
[13:34.680 --> 13:37.680]  They claim that country why was the original owner
[13:37.680 --> 13:41.680]  And registrant of the federal registered trademark
[13:41.680 --> 13:43.680]  America's wholesale lender
[13:43.680 --> 13:46.680]  And they did originate 3.5 million loans
[13:46.680 --> 13:49.680]  Using that name
[13:49.680 --> 13:51.680]  But to go back to Randy's question
[13:51.680 --> 13:55.680]  In which way were you harmed
[13:55.680 --> 14:00.680]  Well one thing they don't have the subject matter in my opinion
[14:00.680 --> 14:01.680]  That even brings
[14:01.680 --> 14:03.680]  That's not a harm to you
[14:03.680 --> 14:08.680]  Yeah it is
[14:08.680 --> 14:13.680]  It's not a cause of action
[14:13.680 --> 14:18.680]  Fraud by non-disclosure is a cause of action
[14:18.680 --> 14:24.680]  And Randy just argued it
[14:24.680 --> 14:28.680]  But by saying that they don't have subject matter jurisdiction
[14:28.680 --> 14:31.680]  They don't have subject matter jurisdiction to do what?
[14:31.680 --> 14:34.680]  To bring suit against me or to foreclose
[14:34.680 --> 14:35.680]  There you go
[14:35.680 --> 14:37.680]  That never existed
[14:37.680 --> 14:42.680]  Now that one wouldn't call for a cause of action
[14:42.680 --> 14:47.680]  That would simply challenge their agency standing and or capacity
[14:47.680 --> 14:50.680]  To invoke subject matter jurisdiction to the court
[14:50.680 --> 14:53.680]  And that would be a good claim to make
[14:53.680 --> 14:57.680]  But as Joe was talking about
[14:57.680 --> 15:06.680]  If there's probably some rules under which they are operating
[15:06.680 --> 15:10.680]  That probably both of us are not aware of
[15:10.680 --> 15:12.680]  Joe is that your take?
[15:12.680 --> 15:15.680]  Right but actually there's a case out
[15:15.680 --> 15:26.680]  And it's case number 812-CV-00242-C isn't Charlie, J isn't Joe
[15:26.680 --> 15:31.680]  C isn't Charlie, A isn't Apple, N isn't Nancy
[15:31.680 --> 15:39.680]  And this was a case where it was countrywide home loans
[15:39.680 --> 15:43.680]  Bank of America Corporation, Bank of America NA
[15:43.680 --> 15:49.680]  Versus Americals Wholesale Lender, a New York corporation
[15:49.680 --> 15:52.680]  And Dennis Bell as an individual
[15:52.680 --> 15:56.680]  And Sherry B. English as an individual
[15:56.680 --> 16:03.680]  So this is a case that I would definitely have you pull up and look at
[16:03.680 --> 16:05.680]  I've already looked at it, that's a separate entity
[16:05.680 --> 16:12.680]  The reason they did that was because some people are going ahead and suing them
[16:12.680 --> 16:13.680]  They are
[16:13.680 --> 16:16.680]  They're suing them and they're getting a default on it
[16:16.680 --> 16:25.680]  And like 18 million dollars worth of loans have been, what's the word for it, voided
[16:25.680 --> 16:28.680]  It's a separate entity, it didn't have anything to do with the bank
[16:28.680 --> 16:29.680]  Correct
[16:29.680 --> 16:35.680]  It was done in 2008 or something like that
[16:35.680 --> 16:40.680]  But it has nothing to do with it, it only has the word ink on it, separate entity
[16:40.680 --> 16:45.680]  Oh, I hear the music in the background
[16:45.680 --> 16:46.680]  This is interesting
[16:46.680 --> 16:47.680]  Yes
[16:47.680 --> 16:51.680]  It's an issue I haven't looked at before
[16:51.680 --> 16:56.680]  Hang on, this is Randy Kelton, Joe Esquivel, Steve Kidmore
[16:56.680 --> 16:59.680]  I think Joe's going to drop off, we'll be right back
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[19:00.680 --> 19:10.680]  You are listening to the Logos Radio Network, l-l-l-LogosRadioNetwork.com
[19:10.680 --> 19:14.680]  Well, don't let nothing get to you
[19:14.680 --> 19:17.680]  Only the father can deliver you
[19:17.680 --> 19:20.680]  So don't let bad-minded people hurt you
[19:20.680 --> 19:23.680]  And test it and get behind you
[19:23.680 --> 19:26.680]  Know what I mean, my friend?
[19:26.680 --> 19:31.680]  Trust in God, my friend
[19:31.680 --> 19:34.680]  Tell Him you're probably in debt
[19:34.680 --> 19:37.680]  Call on His name once a day
[19:37.680 --> 19:40.680]  He will tell you none of your worries are in
[19:40.680 --> 19:43.680]  Trust in God, my friend
[19:43.680 --> 19:46.680]  Tell Him you're probably in debt
[19:46.680 --> 19:49.680]  Call on His name once a day
[19:49.680 --> 19:52.680]  He will tell you none of your worries are in
[19:52.680 --> 19:56.680]  He is everything to me, that's why I call Him
[19:56.680 --> 19:59.680]  I talk to me and I pray to Him
[19:59.680 --> 20:02.680]  Because He's the only one who could answer Him
[20:02.680 --> 20:05.680]  He's the only one who could answer Him
[20:05.680 --> 20:09.680]  Man can't, you know, exist without trust in God
[20:09.680 --> 20:12.680]  There's Nate, and Joe's on his way out the door
[20:12.680 --> 20:15.680]  Welcome back to Rule of Law Radio, folks
[20:15.680 --> 20:17.680]  Joe, we'll see you later
[20:17.680 --> 20:19.680]  Good show
[20:19.680 --> 20:23.680]  Okay, we're talking to John from Texas
[20:23.680 --> 20:26.680]  Yes, we were
[20:26.680 --> 20:28.680]  Let's go back
[20:28.680 --> 20:31.680]  Okay, John, you seem as though you've done
[20:31.680 --> 20:34.680]  You've really done your homework
[20:34.680 --> 20:39.680]  So when you said that a lot of loans were defaulted
[20:39.680 --> 20:44.680]  Did they default them based on suing this company?
[20:44.680 --> 20:47.680]  Yes, there's $18 million worth
[20:47.680 --> 20:51.680]  And the company didn't respond
[20:51.680 --> 20:54.680]  So you might sue for quiet title
[20:54.680 --> 20:59.680]  They made it a point that they won't sue
[20:59.680 --> 21:01.680]  To clear these titles up
[21:01.680 --> 21:06.680]  They formed that corporation just to clear these other people's titles up
[21:06.680 --> 21:08.680]  They have nothing to do with the bank, country-wide or bank
[21:08.680 --> 21:10.680]  Okay, hold on, hold on
[21:10.680 --> 21:13.680]  I've heard something about this
[21:13.680 --> 21:20.680]  How did they form this company to clear these titles up?
[21:20.680 --> 21:23.680]  You would
[21:23.680 --> 21:30.680]  In federal court, you don't have to have a deputy to deliver the papers
[21:30.680 --> 21:32.680]  You can have them delivered yourself
[21:32.680 --> 21:34.680]  I understand that
[21:34.680 --> 21:39.680]  They mailed them up there, certified return receipt, I guess
[21:39.680 --> 21:44.680]  That they would not respond to it
[21:44.680 --> 21:47.680]  Then they'd go in after so long, 30 days, 45
[21:47.680 --> 21:50.680]  With the judge, they never did respond
[21:50.680 --> 21:55.680]  Wait a minute, you're using these pronouns and not they
[21:55.680 --> 21:58.680]  Who is they?
[21:58.680 --> 22:04.680]  Is this country-wide or is this someone with a loan?
[22:04.680 --> 22:11.680]  Anybody that has that, New York Corporation, like I do
[22:11.680 --> 22:13.680]  They'll send a notice, they'll do an adversity
[22:13.680 --> 22:14.680]  Stop, stop, stop
[22:14.680 --> 22:17.680]  They, who will?
[22:17.680 --> 22:20.680]  The New York Corporation or the borrower?
[22:20.680 --> 22:21.680]  The borrower
[22:21.680 --> 22:23.680]  Okay, you're confusing me
[22:23.680 --> 22:26.680]  I'm trying to keep track of who's who
[22:26.680 --> 22:27.680]  Okay
[22:27.680 --> 22:29.680]  I've been running a lot of records today
[22:29.680 --> 22:31.680]  And my mind's a little warped
[22:31.680 --> 22:33.680]  That's okay, that's okay
[22:33.680 --> 22:37.680]  Just use names instead of pronouns
[22:37.680 --> 22:41.680]  So we're sure who you're talking about
[22:41.680 --> 22:46.680]  Okay, in my situation, which I'm going to do
[22:46.680 --> 22:51.680]  I'm going to do a separate suit in the bankruptcy
[22:51.680 --> 22:55.680]  To send a notice to these people in New York
[22:55.680 --> 23:00.680]  That own the America's Wholesale Lender, Inc.
[23:00.680 --> 23:02.680]  Which is a valid corporation
[23:02.680 --> 23:05.680]  And they will not respond
[23:05.680 --> 23:07.680]  Okay, okay, hold on
[23:07.680 --> 23:13.680]  This is what I've heard about AmeriQuest and a couple of others
[23:13.680 --> 23:17.680]  Are you saying that there is a company by this name?
[23:17.680 --> 23:18.680]  Yes
[23:18.680 --> 23:22.680]  But it's not the company you got your loan with?
[23:22.680 --> 23:23.680]  That's correct
[23:23.680 --> 23:26.680]  So when you sue this company
[23:26.680 --> 23:29.680]  They don't respond because they don't care
[23:29.680 --> 23:30.680]  That's correct
[23:30.680 --> 23:32.680]  Oh, perfect
[23:32.680 --> 23:34.680]  Okay, now this is making sense
[23:34.680 --> 23:35.680]  Okay
[23:35.680 --> 23:43.680]  So you're saying that Countrywide created a company by this name?
[23:43.680 --> 23:45.680]  Only the CPA
[23:45.680 --> 23:49.680]  Okay, so the problem with that is
[23:49.680 --> 23:57.680]  If they created this company by this name after the fact
[23:57.680 --> 24:00.680]  It's not the same company
[24:00.680 --> 24:01.680]  That's correct
[24:01.680 --> 24:08.680]  So there still is no company for them to come to the table with?
[24:08.680 --> 24:12.680]  Yes
[24:12.680 --> 24:13.680]  So I would
[24:13.680 --> 24:14.680]  Okay
[24:14.680 --> 24:17.680]  Federal Rule 17, who can be sued? Not these guys
[24:17.680 --> 24:27.680]  So what you do is you go to the district court and file a quiet title action against the security instruments
[24:27.680 --> 24:30.680]  And you pretty well make whatever claims you want to
[24:30.680 --> 24:34.680]  Because you name this company the New York Corporation
[24:34.680 --> 24:37.680]  And they're not going to answer
[24:37.680 --> 24:43.680]  Or if the company that's the DBA of Countrywide answers
[24:43.680 --> 24:48.680]  Then you can move to strike that answer as they're not a party to the suit
[24:48.680 --> 24:55.680]  Because this company didn't exist at the time you entered into the transaction
[24:55.680 --> 24:58.680]  So that's not the same company
[24:58.680 --> 25:07.680]  Well, Countrywide DBA does have a DBA in the state of Texas
[25:07.680 --> 25:10.680]  Did it exist at the time you...
[25:10.680 --> 25:11.680]  Yes
[25:11.680 --> 25:15.680]  But Countrywide was never mentioned on this document
[25:15.680 --> 25:19.680]  Only a New York Corporation, which never existed
[25:19.680 --> 25:20.680]  Okay
[25:20.680 --> 25:26.680]  Then you have the argument when Countrywide tries to come in
[25:26.680 --> 25:29.680]  And claim that they are the interested party
[25:29.680 --> 25:38.680]  Then you can come in under Covenant 15 or 14 wherever it lands on the notice requirement
[25:38.680 --> 25:48.680]  And they fail to give notice of their interest in the note at the time the note was consummated
[25:48.680 --> 25:49.680]  Yes
[25:49.680 --> 25:56.680]  Okay, so now what are you planning to do now?
[25:56.680 --> 25:59.680]  I'm going to file a suit
[25:59.680 --> 26:01.680]  What's the nature of the suit?
[26:01.680 --> 26:06.680]  That America's wholesale lender never existed
[26:06.680 --> 26:09.680]  Okay, hold on
[26:09.680 --> 26:16.680]  In order to file a suit you have to make a claim of an adjudicatable
[26:16.680 --> 26:22.680]  You have to bring a disagreement to the court, a matter in controversy
[26:22.680 --> 26:30.680]  What's the matter in controversy that the fact that the company never existed goes to?
[26:30.680 --> 26:35.680]  I will get a certified copy from the New York Corporation people saying
[26:35.680 --> 26:40.680]  No, no, hold on, you're going back to the same place, you're saying the company doesn't exist
[26:40.680 --> 26:45.680]  And I'm going to say, so what?
[26:45.680 --> 26:48.680]  Why is that a problem?
[26:48.680 --> 26:53.680]  Well, I'm going to show them with the document that it never existed
[26:53.680 --> 26:57.680]  Let me play devil's advocate here, did you get the house?
[26:57.680 --> 27:01.680]  Same page I don't think
[27:01.680 --> 27:03.680]  I think, well...
[27:03.680 --> 27:08.680]  No, no, we are on the same page
[27:08.680 --> 27:13.680]  In order to make your suit viable
[27:13.680 --> 27:15.680]  There's something you have to do
[27:15.680 --> 27:20.680]  And the first thing you have to do is bring a controversy
[27:20.680 --> 27:27.680]  Either a quiet title issue, a slander of title issue, a wrongful foreclosure issue
[27:27.680 --> 27:31.680]  A fraud issue against the original lender
[27:31.680 --> 27:35.680]  You have to bring an issue before the court that the court can adjudicate
[27:35.680 --> 27:38.680]  If you just come into the court and say this company never existed
[27:38.680 --> 27:43.680]  They're going to say, okay, so what?
[27:43.680 --> 27:50.680]  What is the harm? What is the outcome you want to achieve from the civil action?
[27:50.680 --> 27:52.680]  I want a quiet title
[27:52.680 --> 27:54.680]  Now you're talking
[27:54.680 --> 27:58.680]  They don't have standing to foreclose
[27:58.680 --> 28:01.680]  Okay, hold on, hold on
[28:01.680 --> 28:05.680]  I'm going to suggest you do one or the other
[28:05.680 --> 28:09.680]  And I'm going to suggest you do one first, then the other
[28:09.680 --> 28:11.680]  Okay, I'm ready to stand
[28:11.680 --> 28:14.680]  Quiet title first
[28:14.680 --> 28:18.680]  In quiet title, you don't ask for any harm
[28:18.680 --> 28:25.680]  You don't make any accusations against the other party for doing all kinds of wrongful stuff
[28:25.680 --> 28:36.680]  The only issue is this party, when it came to the table, lacked standing to enter into the contract
[28:36.680 --> 28:39.680]  When you issued the deed of trust
[28:39.680 --> 28:43.680]  I take it this is Texas, so it's a deed of trust
[28:43.680 --> 28:49.680]  That the other party entered into the contract without full disclosure
[28:49.680 --> 28:55.680]  Just make all your accusations against the enforceability of the security instrument
[28:55.680 --> 29:02.680]  And ask the court to rule that the security instrument is void and of no force and effect
[29:02.680 --> 29:06.680]  Don't ask for anything else
[29:06.680 --> 29:13.680]  This quiet title action suit does not go to the note or the underlying debt
[29:13.680 --> 29:23.680]  Only to the right of the party to exercise the privileges granted in the security instrument
[29:23.680 --> 29:27.680]  Based on compliance with all the covenants of the contract
[29:27.680 --> 29:31.680]  You show breach of the covenants of the contract
[29:31.680 --> 29:35.680]  Or you show that the document was void on his face
[29:35.680 --> 29:39.680]  You get it ruled void, now you got res judicata
[29:39.680 --> 29:45.680]  Now you go for wrongful foreclosure as a matter of res judicata
[29:45.680 --> 29:47.680]  Already been adjudicated
[29:47.680 --> 29:50.680]  Hang on, I'll explain that better when we come back on the other side
[29:50.680 --> 29:56.680]  Randy Carroll, Debra Stevens, Joe Escobel, Wuvla Radio, Steve, somebody
[29:56.680 --> 29:58.680]  We'll be right back
[30:04.680 --> 30:07.680]  Canada has taken a major step towards eliminating cash
[30:07.680 --> 30:09.680]  I'm Dr. Catherine Albrecht
[30:09.680 --> 30:15.680]  In a moment I'll tell you how Canada's government is setting the stage for total purchase tracking next
[30:15.680 --> 30:17.680]  Privacy is under attack
[30:17.680 --> 30:21.680]  When you give up data about yourself, you'll never get it back again
[30:21.680 --> 30:26.680]  And once your privacy is gone, you'll find your freedoms will start to vanish too
[30:26.680 --> 30:31.680]  So protect your rights, say no to surveillance and keep your information to yourself
[30:31.680 --> 30:34.680]  Privacy, it's worth hanging on to
[30:34.680 --> 30:37.680]  This message is brought to you by Startpage.com
[30:37.680 --> 30:41.680]  The private search engine alternative to Google, Yahoo and Bing
[30:41.680 --> 30:45.680]  Start over with Startpage
[30:45.680 --> 30:50.680]  A penny for your thoughts, or how about I just predict them from your digital transaction record?
[30:50.680 --> 30:53.680]  Such mind reading may soon be possible in Canada
[30:53.680 --> 30:59.680]  Where officials are removing one cent coins from circulation with other coins scheduled to follow
[30:59.680 --> 31:05.680]  The media says Canadians are ready to dump cash and switch to government-issued digital cards instead
[31:05.680 --> 31:07.680]  But not so fast
[31:07.680 --> 31:13.680]  Cash lets people do business without leaving an electronic trail for big marketers and big governments to spy on
[31:13.680 --> 31:17.680]  Once bureaucrats eliminate the sound of coins jingling in your pocket
[31:17.680 --> 31:23.680]  The next sound you hear may be Big Brother's jackboots stomping on your right to privacy
[31:23.680 --> 31:30.680]  I'm Dr. Catherine Albrecht for Startpage.com, the world's most private search engine
[31:30.680 --> 31:36.680]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11
[31:36.680 --> 31:38.680]  The government says that fire brought it down
[31:38.680 --> 31:43.680]  However, 1,500 architects and engineers concluded it was a controlled demolition
[31:43.680 --> 31:46.680]  Over 6,000 of my fellow service members have given their lives
[31:46.680 --> 31:49.680]  And thousands of my fellow first responders are dying
[31:49.680 --> 31:50.680]  I'm not a conspiracy theorist
[31:50.680 --> 31:51.680]  I'm a structural engineer
[31:51.680 --> 31:52.680]  I'm a New York City correction officer
[31:52.680 --> 31:53.680]  I'm an Air Force pilot
[31:53.680 --> 31:55.680]  I'm a father who lost his son
[31:55.680 --> 31:57.680]  We're Americans, and we deserve the truth
[31:57.680 --> 32:01.680]  Go to RememberBuilding7.org today
[32:01.680 --> 32:05.680]  Rule of Law Radio is proud to offer the Rule of Law traffic seminar
[32:05.680 --> 32:07.680]  In today's America, we live in an us-against-them society
[32:07.680 --> 32:09.680]  And if we, the people, are ever going to have a free society
[32:09.680 --> 32:12.680]  Then we're going to have to stand and defend our own rights
[32:12.680 --> 32:15.680]  Among those rights are the right to travel freely from place to place
[32:15.680 --> 32:17.680]  The right to act in our own private capacity
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[33:20.680 --> 33:25.680]  The Texas Transportation Code
[33:51.680 --> 33:56.680]  Okay, we are back, Randy Kelton, Steve Skidmore, Rule of Law Radio
[33:56.680 --> 33:59.680]  He reminded me what his last name was on the break
[34:02.680 --> 34:03.680]  Okay, we're talking
[34:03.680 --> 34:05.680]  How many's he want to forget?
[34:07.680 --> 34:09.680]  John in Texas
[34:10.680 --> 34:12.680]  Okay John, my point is
[34:13.680 --> 34:15.680]  Okay, where were we?
[34:15.680 --> 34:16.680]  What was I saying?
[34:16.680 --> 34:18.680]  Quiet title and then there's a second
[34:18.680 --> 34:20.680]  Okay, okay, okay, quiet title
[34:20.680 --> 34:22.680]  Once you have res judicata
[34:23.680 --> 34:26.680]  Once the judge has ruled on your quiet title action
[34:26.680 --> 34:28.680]  If he gives you quiet title
[34:28.680 --> 34:33.680]  And I suggest you go after quiet title on the security instrument first
[34:33.680 --> 34:34.680]  Okay
[34:34.680 --> 34:38.680]  If you can't get it on that, then you go back on an assignment
[34:38.680 --> 34:39.680]  Okay
[34:39.680 --> 34:44.680]  You break one of those documents and you've broken the back of the foreclosure
[34:44.680 --> 34:45.680]  Okay
[34:45.680 --> 34:56.680]  Once you have that ruling in hand, then you go back and rule for a permanent injunction against the lender
[34:56.680 --> 35:03.680]  From exercising the privilege claimed in the deed of trust for
[35:03.680 --> 35:11.680]  If it's the deed of trust that gets ruled void because he lacks standing to evoke semi-matter jurisdiction of the court
[35:11.680 --> 35:13.680]  And it's based on res judicata
[35:13.680 --> 35:20.680]  This is an issue ruling by another court that the current court cannot revisit
[35:20.680 --> 35:24.680]  Absent new evidence that wasn't available
[35:24.680 --> 35:34.680]  That could not be available to the defendant in the quiet title action
[35:34.680 --> 35:39.680]  If it was available and they just didn't bring it, they can't bring it later
[35:39.680 --> 35:44.680]  They could only bring new evidence to the court that wasn't available to the original court
[35:44.680 --> 35:51.680]  And since you're talking about an old issue, all the information was available when you had the hearing
[35:51.680 --> 36:02.680]  So you come in to the injunction hearing to permanently enjoin the lender from exercising the privileges in the deed of trust
[36:02.680 --> 36:04.680]  And it's a done deal
[36:04.680 --> 36:05.680]  Okay
[36:05.680 --> 36:12.680]  Now you just ask the judge, it should be relatively easy to get your ruling
[36:12.680 --> 36:17.680]  Okay, I don't want to take up too much more of your time, but there's one other thing
[36:17.680 --> 36:27.680]  There's a company, I don't know the company, I know that Ross Perot's company owns the company that furnishes the software for mirrors
[36:27.680 --> 36:29.680]  EDS
[36:29.680 --> 36:31.680]  Food against that company out of Dallas
[36:31.680 --> 36:34.680]  Okay, would that be EDS?
[36:34.680 --> 36:43.680]  Well, it's a different name, I know it's not EDS, but they furnish the software for mirrors, exclusively
[36:43.680 --> 36:47.680]  Has anyone ever filed a suit against that company in Dallas?
[36:47.680 --> 36:49.680]  Not that I know of
[36:49.680 --> 36:52.680]  What would be your standing to make a claim?
[36:52.680 --> 37:01.680]  Well, if a lot of this stuff is fraudulent, it looks like you could bring them in on a suit, furnishing the software
[37:01.680 --> 37:03.680]  Who could?
[37:03.680 --> 37:11.680]  Kind of like suing the guy who sold the gun to the robber or the murderer
[37:11.680 --> 37:17.680]  Yes, or somebody who's giving drinks at the bar and goes in as a reg
[37:17.680 --> 37:24.680]  Yeah, that's going to be a really hard case to make
[37:24.680 --> 37:29.680]  Okay, well I appreciate y'all's time and I'll let somebody else talk
[37:29.680 --> 37:30.680]  Okay, thank you John
[37:30.680 --> 37:32.680]  Thank you for calling, John
[37:32.680 --> 37:39.680]  Now we're going to go to the Big Bad Grandma, Ms. Leslie in Pennsylvania
[37:39.680 --> 37:41.680]  Hello, Ms. Leslie
[37:41.680 --> 37:43.680]  Hi, how are you?
[37:43.680 --> 37:48.680]  I am fine, this is Ms. Leslie Beatup, Ms. Beatup the Banks Leslie
[37:48.680 --> 37:51.680]  Hello Ms. Beatup the Banks Leslie
[37:51.680 --> 38:01.680]  Oh, hi, I sent you that thing about Wells Fargo, their little how to commit fraud book
[38:01.680 --> 38:09.680]  Yes, I saw it, I haven't had time to read it, but I am looking forward to it
[38:09.680 --> 38:11.680]  Yeah, I'm through it, son
[38:11.680 --> 38:12.680]  You would love it
[38:12.680 --> 38:17.680]  I had an incident with this American wholesale lender
[38:17.680 --> 38:23.680]  My son has one of their loans and it says it's a regular corporation
[38:23.680 --> 38:35.680]  What happened was there was a group of people that were being foreclosed on and they discovered that it wasn't a corporation in New York like it claimed it was
[38:35.680 --> 38:46.680]  So they quick like a bunny ran down and registered it in their name and then proceeded to beat up the bank
[38:46.680 --> 38:49.680]  Oh boy
[38:49.680 --> 38:51.680]  Oh, that's rich
[38:51.680 --> 38:54.680]  That's the story behind the lawsuit
[38:54.680 --> 39:02.680]  And the one question I have about that, like I said my son has one of their mortgages
[39:02.680 --> 39:12.680]  But his was assigned by Merz to Bank of America from America's wholesale lender
[39:12.680 --> 39:15.680]  And we were trying to figure out how to get around that
[39:15.680 --> 39:26.680]  And one of the things that I was thinking is to just send an affidavit for them to say that they had nothing whatsoever to do with the assignment
[39:26.680 --> 39:29.680]  The guys who took on the name?
[39:29.680 --> 39:31.680]  Yeah
[39:31.680 --> 39:34.680]  Oh, that's good
[39:34.680 --> 39:38.680]  That's what these morons get for
[39:38.680 --> 39:41.680]  I would think the IRS would be after these people
[39:41.680 --> 39:44.680]  You think?
[39:44.680 --> 39:48.680]  Yeah, that sounds like a great idea
[39:48.680 --> 39:58.680]  You come back to the court and say, you know, this is a claim we made and here's their response
[39:58.680 --> 40:02.680]  How is Bank of America going to get around that?
[40:02.680 --> 40:04.680]  They can't
[40:04.680 --> 40:07.680]  It's the same problem that they have with sitting mortgage in my case
[40:07.680 --> 40:11.680]  I have been waiting for over six months for a decision
[40:11.680 --> 40:23.680]  I filed a motion for an interlocutory judgment because when I was in front of the judge with the original lender
[40:23.680 --> 40:30.680]  The original lender said we have had no interest in this mortgage since 2007
[40:30.680 --> 40:39.680]  And the very next day there was a mortgage assignment prepared from them to city mortgage
[40:39.680 --> 40:43.680]  So I changed my complaint for fraud on the court
[40:43.680 --> 40:47.680]  And right again they were real quick like a bunny
[40:47.680 --> 40:50.680]  They came back and said we had nothing whatsoever to do with the assignment
[40:50.680 --> 41:04.680]  So I filed a motion for an interlocutory judgment asking the court to check the standing of this assignment
[41:04.680 --> 41:09.680]  That it's a fraud and a forgery under the state law
[41:09.680 --> 41:12.680]  That it's a forgery
[41:12.680 --> 41:19.680]  And that the sitting mortgage has no interest because a forged document doesn't convey any interest
[41:19.680 --> 41:23.680]  And it was created, I checked with the Secretary of State
[41:23.680 --> 41:28.680]  It was created by employees of sitting mortgage
[41:28.680 --> 41:34.680]  And they didn't respond, they sent a letter to the judge and said
[41:34.680 --> 41:37.680]  We have a motion before the court for a summary judgment
[41:37.680 --> 41:43.680]  If you answer the summary judgment then we can answer this or it won't be necessary
[41:43.680 --> 41:48.680]  But they have never answered the motion for interlocutory judgment
[41:48.680 --> 41:51.680]  And I'm just sitting back and waiting because as long as I wait
[41:51.680 --> 41:58.680]  They pay my taxes, they pay my fire insurance, I don't care
[41:58.680 --> 42:00.680]  You know what I mean?
[42:00.680 --> 42:02.680]  Very interesting
[42:02.680 --> 42:09.680]  And I can wait until November when the statute of limitations runs out and they can't ever foreclose on me
[42:09.680 --> 42:11.680]  Very good
[42:11.680 --> 42:13.680]  Keep them tied up
[42:13.680 --> 42:18.680]  We have a case we're looking at right now
[42:18.680 --> 42:22.680]  They've got three months before the statute of limitation runs out
[42:22.680 --> 42:27.680]  So we're looking at, okay, what can we file
[42:27.680 --> 42:35.680]  To keep these guys dancing around for another two or three months before they start foreclosure
[42:35.680 --> 42:42.680]  So we're going to file a claim that at closing they charged
[42:42.680 --> 42:46.680]  The lender charged fees on the HUD-1 settlement statement
[42:46.680 --> 42:50.680]  That included fraudulent amounts
[42:50.680 --> 42:57.680]  And then we go down and file some criminal charges for criminal fraud and theft
[42:57.680 --> 43:06.680]  Sue them for that fraud and keep them busy with that until the statute of limitations runs
[43:06.680 --> 43:07.680]  Right
[43:07.680 --> 43:10.680]  And then remove the quiet title on the security instrument
[43:10.680 --> 43:15.680]  There's another case in the federal court I've been watching very closely because I started the case
[43:15.680 --> 43:19.680]  I helped the person start it and then they got a lawyer
[43:19.680 --> 43:25.680]  But what happened was they were engaged to be married
[43:25.680 --> 43:31.680]  And they wanted to protect, the man wanted to protect his intended
[43:31.680 --> 43:35.680]  And give her property a joint interest in the house
[43:35.680 --> 43:41.680]  And so he refinanced the house with the idea that they would both be responsible
[43:41.680 --> 43:45.680]  Okay, hang on, we're about to go to break
[43:45.680 --> 43:47.680]  We'll pick this back up on the other side
[43:47.680 --> 43:51.680]  This is Randy Kelton and Steve Skidmore
[43:51.680 --> 43:55.680]  Our call-in number is 512-646-1984
[43:55.680 --> 43:57.680]  It's getting later in the show and it kind of builds up
[43:57.680 --> 44:11.680]  We'll be right back
[44:27.680 --> 44:42.680]  We'll be right back
[44:42.680 --> 45:00.680]  Don't forget to like us on Facebook for information on events and our products
[45:00.680 --> 45:03.680]  Are you the plaintiff or defendant in a lawsuit?
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[45:56.680 --> 46:24.680]  or call toll-free, 866-LAW-EZ
[46:24.680 --> 46:29.680]  Always, I must be careful what I'm wishing for
[46:29.680 --> 46:34.680]  When I'm hungry, I like to know just what I'm fishing for
[46:34.680 --> 46:40.680]  I ain't asking for much, I ain't trying to be no glutton
[46:40.680 --> 46:46.680]  I'm just here making my living pushing buttons
[46:46.680 --> 46:52.680]  I give my message out to anyone in shout and distance
[46:52.680 --> 46:57.680]  Both for bravery and against slavery, showing resistance
[46:57.680 --> 47:02.680]  First I'm crawling, then I'm walking, then I start striking
[47:02.680 --> 47:04.680]  Okay, we are back
[47:04.680 --> 47:06.680]  We are back
[47:06.680 --> 47:07.680]  Are we back?
[47:07.680 --> 47:08.680]  We are back
[47:08.680 --> 47:13.680]  Okay, alrighty, and we were talking to Leslie in Pennsylvania
[47:13.680 --> 47:18.680]  And I bet Leslie's ears were burning over the break because we were talking about Leslie in Pennsylvania
[47:18.680 --> 47:21.680]  This man, what a trick
[47:21.680 --> 47:23.680]  And we laughed, and we laughed
[47:23.680 --> 47:25.680]  Yes, we did
[47:25.680 --> 47:30.680]  Not at you, Leslie, but at the situation
[47:30.680 --> 47:33.680]  Yeah, this is a perfect storm for you
[47:33.680 --> 47:44.680]  Yeah, well, this other case, this gentleman wanted to join his fiancé and give her part of his property
[47:44.680 --> 47:45.680]  Yes
[47:45.680 --> 47:53.680]  And he refinanced the house and the settlement, they said, oh, wait a minute, you're not clearing any money on this
[47:53.680 --> 47:56.680]  And you have to pay the transfer fee
[47:56.680 --> 47:58.680]  And he said, what do you mean transfer fee?
[47:58.680 --> 48:03.680]  He said, I'm adding my wife to be, you know, we're getting married next week
[48:03.680 --> 48:07.680]  And they said, oh no, you have to pay all the transfer fees, it's several thousand dollars
[48:07.680 --> 48:10.680]  So he came up with the money and he paid it
[48:10.680 --> 48:18.680]  Well, when I was doing, we're starting, he wanted to do a low-deal title and we were working on a quiet title
[48:18.680 --> 48:23.680]  And I did some title, I went back and looked in the records and I said
[48:23.680 --> 48:26.680]  When you, excuse me, when you say a low-deal title
[48:26.680 --> 48:30.680]  I wanted to do an abstractive title to go back
[48:30.680 --> 48:34.680]  You're talking land patent, accepting land patent or creating land patent?
[48:34.680 --> 48:35.680]  Yes
[48:35.680 --> 48:37.680]  Okay, okay
[48:37.680 --> 48:41.680]  Then we went back and I was looking in the, in the recorder of deeds
[48:41.680 --> 48:45.680]  And there was no deed with her name on it
[48:45.680 --> 48:48.680]  And she, he says, oh no, we paid lots of money for that
[48:48.680 --> 48:52.680]  So I said, all right, we can't do anything with that
[48:52.680 --> 48:55.680]  But we can try and get after the tiller stuff
[48:55.680 --> 48:59.680]  So we started the quiet title and the breach of contract and all that other stuff
[48:59.680 --> 49:03.680]  And it got sent into the federal court
[49:03.680 --> 49:09.680]  Well, he did discovery and come to find out what we never realized
[49:09.680 --> 49:13.680]  He says, this isn't right, he says something's wrong, there's signatures missing all over
[49:13.680 --> 49:15.680]  This is not right
[49:15.680 --> 49:19.680]  Well, when he went and got discovery, he found out what was wrong
[49:19.680 --> 49:28.680]  They never recorded his original, his original mortgage because it only had one signature on it
[49:28.680 --> 49:30.680]  His
[49:30.680 --> 49:37.680]  It was supposed to have two and when he got the discovery, he got the original copy that was never recorded
[49:37.680 --> 49:45.680]  What they did is they forged a document with one signature and put that into the county record
[49:45.680 --> 49:52.680]  And the notary seal is from near Washington, D.C. down in Silver Springs, Maryland
[49:52.680 --> 49:55.680]  Now we live up in Pennsylvania, that's a four-hour drive
[49:55.680 --> 50:06.680]  Why would he have a notary on the same day in Washington, D.C. and one in Chester County?
[50:06.680 --> 50:08.680]  Good question, right?
[50:08.680 --> 50:10.680]  That's pretty typical
[50:10.680 --> 50:18.680]  Or you had one person, this wasn't a closing that occurred in the traditional manner
[50:18.680 --> 50:24.680]  Where you had one person sign in one city, another person sign in another city
[50:24.680 --> 50:28.680]  Or someone had made a quick trip over to D.C.
[50:28.680 --> 50:32.680]  That's four hours away, it's not a quick trip
[50:32.680 --> 50:40.680]  But anyway, so they were both there at the house when they made settlement in Chester County
[50:40.680 --> 50:49.680]  And they never were in front of this other notary down in Maryland
[50:49.680 --> 50:52.680]  And it was a complete forgery
[50:52.680 --> 50:56.680]  And it's not the same, you know, the notes they're showing him only has the one signature
[50:56.680 --> 50:58.680]  The mortgage are showing him only has the one signature
[50:58.680 --> 51:04.680]  But he did grab this copy of the two signature documents
[51:04.680 --> 51:07.680]  And I said, you've got to come up with your head one settlement sheet
[51:07.680 --> 51:12.680]  So I just had him send out a QWR asking for that because they have now a new service
[51:12.680 --> 51:16.680]  Oh, yeah, just go to the title company, you can get it from them
[51:16.680 --> 51:18.680]  Yeah, if he knew
[51:18.680 --> 51:21.680]  The title company did the closing, they don't have that
[51:21.680 --> 51:24.680]  But yeah, so I said, get your head one settlement sheet
[51:24.680 --> 51:26.680]  So he's got an attorney working on it
[51:26.680 --> 51:31.680]  And they're right now at summary judgment waiting for that decision on that
[51:31.680 --> 51:34.680]  Tell him to take the head one settlement statement
[51:34.680 --> 51:38.680]  Take all of the fees on the head one settlement statement
[51:38.680 --> 51:45.680]  And claim that at closing, the lender failed to provide documentation to show that the fees charged
[51:45.680 --> 51:50.680]  Were not otherwise forbidden to be charged by the Real Estate Settlement Procedures Act
[51:50.680 --> 51:55.680]  That the fees were for services actually rendered
[51:55.680 --> 51:57.680]  Right
[51:57.680 --> 51:59.680]  Go ahead
[51:59.680 --> 52:03.680]  They stole the money from the Recorder of Deeds because they never paid the transfer fee
[52:03.680 --> 52:06.680]  And they never recorded the document
[52:06.680 --> 52:10.680]  No, no, wait, you're missing it, I'm going somewhere else
[52:10.680 --> 52:17.680]  All of the fees on the head one settlement statement you claim is fraudulent
[52:17.680 --> 52:22.680]  Take, because they didn't provide documentation to show that they were valid
[52:22.680 --> 52:24.680]  Right
[52:24.680 --> 52:34.680]  Then you take the full amount on the bottom of page of the, at line 1400 on the second page
[52:34.680 --> 52:40.680]  And subtract that from the principal as an overpayment on the first payment
[52:40.680 --> 52:44.680]  And then amortize the mortgage out and see how much you'd overpay
[52:44.680 --> 52:48.680]  And then you sue them for three times that
[52:48.680 --> 52:55.680]  Yeah, because now that he has this lawyer working on him, I've been pumping in with information
[52:55.680 --> 52:59.680]  So I'm going to pump, you know, give me some more stuff to look at
[52:59.680 --> 53:03.680]  And like I told him, you've got to find that HUD one
[53:03.680 --> 53:06.680]  And I talked to his wife this morning
[53:06.680 --> 53:18.680]  Yeah, okay, the thing about the HUD one is it was just an industry standard that they put fraudulent fees on the HUD one
[53:18.680 --> 53:30.680]  So when you claim they're all bogus, then you say if you prove up one of these fees, we'll deduct it from the calculation
[53:30.680 --> 53:36.680]  We've never had anybody prove up a single fee
[53:36.680 --> 53:44.680]  And that's because if they prove up one fee and don't prove up another, it creates the adverse inference
[53:44.680 --> 53:49.680]  That the one they didn't prove up is exactly what we said it was, fraudulent
[53:49.680 --> 53:52.680]  And they always have fraudulent fees
[53:52.680 --> 54:01.680]  This was scared a bejesus out of these guys, because this goes to go to prison type stuff
[54:01.680 --> 54:06.680]  And the claim you make, Steeves, we did that to Steeves
[54:06.680 --> 54:11.680]  And they were charging, what was it, Steeves, $47 a month extra
[54:11.680 --> 54:14.680]  Something close to that, yeah
[54:14.680 --> 54:21.680]  If we took the amount they charged on the HUD one settlement statement, subtracted it from the principal
[54:21.680 --> 54:35.680]  Then their payment, the payment that was required by the bank to extinguish the note in 30 years was $47 over what it should be
[54:35.680 --> 54:42.680]  It was a $116,000 note, the fees were $12,000
[54:42.680 --> 54:48.680]  He would have overpaid the note $50,000, I think $43
[54:48.680 --> 54:55.680]  Yeah, that was $48,000 something
[54:55.680 --> 55:03.680]  There were two figures, one was from the truth in lending a note and the other was from the HUD one settlement statement
[55:03.680 --> 55:11.680]  But you don't claim the amount they actually defrauded you of, because this one was only five years old
[55:11.680 --> 55:19.680]  You claim the amount they would have defrauded you of had their plan ran to fruition
[55:19.680 --> 55:26.680]  But you don't sue for that amount, you sue for triple
[55:26.680 --> 55:39.680]  So we got a claim against the lender of an amount in excess of the original principal petition for rescission and tender by set off
[55:39.680 --> 55:41.680]  Right
[55:41.680 --> 55:47.680]  Nobody's ever proved up a fee because there's always one they can't prove up
[55:47.680 --> 55:52.680]  And that's the one that get them put in prison
[55:52.680 --> 55:57.680]  So that's a claim they really don't like to see
[55:57.680 --> 56:00.680]  Right, for sure
[56:00.680 --> 56:03.680]  Yeah, okay
[56:03.680 --> 56:07.680]  So it looks like this guy's going to win the whole enchilada?
[56:07.680 --> 56:17.680]  Yeah, I don't see how he cannot win when the fraud is blatant and both mortgages are presented before the court already
[56:17.680 --> 56:27.680]  Plus the lawyer had him write an affidavit that he never was in front of this notary in Maryland, never signed a document in front of her
[56:27.680 --> 56:30.680]  It's notary fraud, it goes to notary fraud
[56:30.680 --> 56:35.680]  Yeah, he should file criminal charges against the notary
[56:35.680 --> 56:43.680]  I've already had somebody in D.C. file against a lawyer who notarized a document in Maryland
[56:43.680 --> 56:46.680]  Man, they really went after this guy
[56:46.680 --> 56:48.680]  Yeah
[56:48.680 --> 56:59.680]  Actually, whoever she filed it with sent them to the police department to file criminal charges against him
[56:59.680 --> 57:06.680]  D.C. really took it serious, it was the mayor of D.C. that handles all this
[57:06.680 --> 57:16.680]  Because D.C. is different than everything else and the mayor is like the governor
[57:16.680 --> 57:21.680]  All the claims in D.C. go through the mayor's office
[57:21.680 --> 57:29.680]  So you sent the mayor a criminal complaint against the notary, they all really widened the notary's clock
[57:29.680 --> 57:37.680]  Yeah, now we were talking earlier about Wells Fargo and Washington Mutual
[57:37.680 --> 57:41.680]  I sent you a Skype about it
[57:41.680 --> 57:49.680]  Where Wells Fargo claimed to be the successor to Washington Mutual
[57:49.680 --> 57:51.680]  Yeah
[57:51.680 --> 57:56.680]  Somebody was snorting too much coke
[57:56.680 --> 57:59.680]  J.P. Morgan is going to be real upset about that
[57:59.680 --> 58:01.680]  Oh yeah
[58:01.680 --> 58:04.680]  Okay, do we have anything else for you, Ms. Leslie?
[58:04.680 --> 58:09.680]  I can tell you the whole story, but we can sit here for another day
[58:09.680 --> 58:15.680]  Okay, let's go into it a little bit on the other side, we've got a bunch of callers
[58:15.680 --> 58:21.680]  Hang on, we'll pick this up on the other side, this is Randy Kelton, Steve Skidmore, Root of Law Radio
[58:21.680 --> 58:26.680]  Our call is numbered, 512-646-1984
[58:26.680 --> 58:32.680]  We're going into our last hour and the calls really begin to pick up toward the end
[58:32.680 --> 58:36.680]  So if you have a question or comment, give us a call, get in line quickly
[58:36.680 --> 58:40.680]  We've got about four callers on the board
[58:40.680 --> 58:49.680]  So if you want to get in a question, make sure you call and get in line, we'll be right back
[58:49.680 --> 58:53.680]  Would you like to make more definite progress in your walk with God?
[58:53.680 --> 59:00.680]  Bibles for America is offering a free study Bible and a set of free Christian books that can really help
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[59:12.680 --> 59:17.680]  The free books are a three volume set called Basic Elements of the Christian Life
[59:17.680 --> 59:23.680]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation
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[59:33.680 --> 59:40.680]  Call Bibles for America toll free at 888-551-0102
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[59:49.680 --> 59:59.680]  You're listening to the Logos Radio Network at logosradionetwork.com
[59:59.680 --> 01:00:06.680]  This is the Liberty Beat, your daily source for Liberty news and activist updates
[01:00:06.680 --> 01:00:08.680]  Online at thelibertybeat.com
[01:00:08.680 --> 01:00:13.680]  I'm Brian Hagan with your Liberty Beat for Friday, March 28, 2014
[01:00:13.680 --> 01:00:16.680]  Gold opened today at $1,288
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[01:01:00.680 --> 01:01:06.680]  In the news, Middleton, Idaho has unanimously voted to ban the implementation of indefinite detention
[01:01:06.680 --> 01:01:10.680]  As outlined in the 2012 National Defense Authorization Act
[01:01:10.680 --> 01:01:15.680]  In a vote of 4-0, the city passed a resolution making Middleton the fifth city in the nation
[01:01:15.680 --> 01:01:18.680]  And the second in Idaho to ban indefinite detention
[01:01:18.680 --> 01:01:24.680]  Sections 1021 and 1022 of the 2012 NDAA authorize indefinite military detention
[01:01:24.680 --> 01:01:28.680]  Of any person without charge or trial
[01:01:28.680 --> 01:01:32.680]  Legal troubles for an anti-gun California state senator
[01:01:32.680 --> 01:01:36.680]  The San Jose Mercury News is reporting that Democratic Senator Leland Yee
[01:01:36.680 --> 01:01:41.680]  Has been indicted for conspiracy to traffic and firearms without license
[01:01:41.680 --> 01:01:43.680]  And to illegally import firearms
[01:01:43.680 --> 01:01:45.680]  He also faces six counts of corruption
[01:01:45.680 --> 01:01:49.680]  Which will be involved handing out favors for campaign contributions
[01:01:49.680 --> 01:01:57.680]  Yee is described as one of the most outspoken California lawmakers against gun rights
[01:01:57.680 --> 01:02:01.680]  On March 20th, over 25 technology companies signed into a public letter
[01:02:01.680 --> 01:02:05.680]  Asking Senator Ron Wyden to oppose fast-track authority for trade agreements
[01:02:05.680 --> 01:02:08.680]  Such as the Trans-Pacific Partnership
[01:02:08.680 --> 01:02:11.680]  Wyden, the new chairman of the Senate Finance Committee
[01:02:11.680 --> 01:02:15.680]  Spoken in favor of transparency for the TPP negotiations
[01:02:15.680 --> 01:02:19.680]  The companies were asking Wyden to use his new position to reject fast-track
[01:02:19.680 --> 01:02:21.680]  Also known as Trade Promotion Authority
[01:02:21.680 --> 01:02:26.680]  Which gives the White House more power and influence over international trade agreements
[01:02:26.680 --> 01:02:30.680]  Support for Liberty Beat comes from Dorothy Arminger at Cap Star Lending
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[01:02:51.680 --> 01:02:55.680]  This is the Liberty Beat for Friday, March 28, 2014
[01:02:55.680 --> 01:03:10.680]  Check out the website at thelibertybeat.com
[01:03:25.680 --> 01:03:39.680]  And we're back on Rural Law Radio, folks
[01:03:39.680 --> 01:03:42.680]  And we were talking with Leslie in Pennsylvania
[01:03:42.680 --> 01:03:45.680]  And Randy, are you back?
[01:03:45.680 --> 01:03:47.680]  Yes, I hear you coughing back there
[01:03:47.680 --> 01:03:49.680]  Yeah, I'm having a little throat issue
[01:03:49.680 --> 01:03:51.680]  A little technical difficulty?
[01:03:51.680 --> 01:03:53.680]  Yeah, absolutely
[01:03:53.680 --> 01:03:56.680]  Okay
[01:03:56.680 --> 01:04:04.680]  Leslie, you said you were going to give us a nutshell overview of...
[01:04:04.680 --> 01:04:07.680]  Yes, Metta Wells Fargo Loan
[01:04:07.680 --> 01:04:08.680]  Yes
[01:04:08.680 --> 01:04:11.680]  Someone came to me and said, did you look at my mortgage?
[01:04:11.680 --> 01:04:16.680]  I want to get a mortgage modification and I'm not sure which way to go
[01:04:16.680 --> 01:04:17.680]  So I said, okay
[01:04:17.680 --> 01:04:23.680]  So I did a little looking into and I found out a couple of really weird things
[01:04:23.680 --> 01:04:27.680]  Number one, this was their third mortgage modification
[01:04:27.680 --> 01:04:32.680]  And red bells went out because I'm thinking, why would a mortgage company in these days
[01:04:32.680 --> 01:04:36.680]  Give any mortgage modifications more than once?
[01:04:36.680 --> 01:04:40.680]  I mean, people are lucky they get one because they're so...
[01:04:40.680 --> 01:04:46.680]  They use it like a way to generate money, not to refinance people or help people out
[01:04:46.680 --> 01:04:48.680]  So then I started digging a little deeper
[01:04:48.680 --> 01:04:51.680]  I started looking at this mortgage assignment I'm saying
[01:04:51.680 --> 01:04:55.680]  This mortgage assignment is full of crap
[01:04:55.680 --> 01:05:01.680]  They had assigned it from Wells Fargo from the beginning
[01:05:01.680 --> 01:05:06.680]  The first day of the mortgage it was assigned to bank number one
[01:05:06.680 --> 01:05:13.680]  The 30th day after settlement it was assigned by the original lender to bank number two
[01:05:13.680 --> 01:05:20.680]  Okay, bank number one got eaten up by Washington Mutual
[01:05:20.680 --> 01:05:31.680]  Washington Mutual in 2006 sold the servicing rights for all of their government entities to Wells Fargo
[01:05:31.680 --> 01:05:37.680]  In 2008 Washington Mutual was taken over by the FDIC
[01:05:37.680 --> 01:05:43.680]  And all of their personal assets or whatever was bought by Chase Bank
[01:05:43.680 --> 01:05:51.680]  The first thing I said was when it said from the entity of FDIC
[01:05:51.680 --> 01:05:59.680]  I'm questioning where did FDIC get a Washington Mutual loan for Wells Fargo?
[01:05:59.680 --> 01:06:01.680]  And I started keeping looking
[01:06:01.680 --> 01:06:13.680]  And what it was is after 2011 this assignment was made
[01:06:13.680 --> 01:06:19.680]  Now they assigned it directly into a closed trust
[01:06:19.680 --> 01:06:24.680]  And it didn't go through the depositor or the sponsor or anything like that
[01:06:24.680 --> 01:06:27.680]  It just went directly into the trust
[01:06:27.680 --> 01:06:30.680]  And it was closed for over a year
[01:06:30.680 --> 01:06:33.680]  Then I looked and see what happened to that trust
[01:06:33.680 --> 01:06:39.680]  And that trust is the only aspect in a separate trust belonging to Fannie Mae
[01:06:39.680 --> 01:06:44.680]  Well I checked on Fannie Mae and Fannie Mae has no record of this loan
[01:06:44.680 --> 01:06:48.680]  They said we do not own this loan on their website
[01:06:48.680 --> 01:06:50.680]  So I said okay
[01:06:50.680 --> 01:06:54.680]  So here you have the assignment of mortgage reads
[01:06:54.680 --> 01:07:01.680]  Wells Fargo as attorney in fact for the FDIC
[01:07:01.680 --> 01:07:10.680]  Successor in interest to Washington Mutual successor of the original lender
[01:07:10.680 --> 01:07:17.680]  And I thought wow this cannot be more fraud than I could believe
[01:07:17.680 --> 01:07:23.680]  So I sent her to a good attorney that I feed information to
[01:07:23.680 --> 01:07:30.680]  Well maybe the guy who did that assignment used to work for Chase
[01:07:30.680 --> 01:07:32.680]  Who knows?
[01:07:32.680 --> 01:07:34.680]  And he was confused
[01:07:34.680 --> 01:07:39.680]  No because this trust is only used
[01:07:39.680 --> 01:07:44.680]  This trust was for the loans that Fannie Mae
[01:07:44.680 --> 01:07:49.680]  That Wells Fargo got the servicing rights for
[01:07:49.680 --> 01:07:55.680]  They were supposed to be the loans put in before
[01:07:55.680 --> 01:08:00.680]  But they were supposed to be Wells Fargo loans
[01:08:00.680 --> 01:08:02.680]  You know what I mean?
[01:08:02.680 --> 01:08:05.680]  It was mutual loans
[01:08:05.680 --> 01:08:09.680]  Washington Mutual when they were put out of business
[01:08:09.680 --> 01:08:12.680]  Didn't do any assignments
[01:08:12.680 --> 01:08:13.680]  Exactly
[01:08:13.680 --> 01:08:15.680]  For the security instruments
[01:08:15.680 --> 01:08:20.680]  And they had almost certainly sold the beneficial interest for all of their notes
[01:08:20.680 --> 01:08:28.680]  So they really had no assets to speak of that Chase Morgan purchased
[01:08:28.680 --> 01:08:33.680]  So it looks like all of these notes were just sort of abandoned
[01:08:33.680 --> 01:08:40.680]  And banks are running in there and just grabbing them up and writing their names on them and collecting
[01:08:40.680 --> 01:08:42.680]  Yeah
[01:08:42.680 --> 01:08:48.680]  Whatever they're doing it isn't going to work in this case because we're on to them
[01:08:48.680 --> 01:08:50.680]  But I couldn't believe it
[01:08:50.680 --> 01:08:53.680]  When I saw that assignment I said this is screwy
[01:08:53.680 --> 01:08:57.680]  I mean the assignment itself set red flags up
[01:08:57.680 --> 01:09:02.680]  Because it was directly into a trust number one and number two
[01:09:02.680 --> 01:09:05.680]  Wells Fargo is attorney in fact for the FDIC
[01:09:05.680 --> 01:09:08.680]  Hello
[01:09:08.680 --> 01:09:17.680]  Because Wells Fargo bought the servicing rights in order for them to have servicing rights and had already been securitized
[01:09:17.680 --> 01:09:18.680]  Right?
[01:09:18.680 --> 01:09:20.680]  Exactly
[01:09:20.680 --> 01:09:23.680]  In 2002
[01:09:23.680 --> 01:09:28.680]  So did the, was there any notice of the securitization?
[01:09:28.680 --> 01:09:34.680]  Because that's required under TILA 30 days after change beneficial interest
[01:09:34.680 --> 01:09:35.680]  No
[01:09:35.680 --> 01:09:40.680]  All they got was a notification of the servicing rights and that's all
[01:09:40.680 --> 01:09:48.680]  So if they got a lawyer who's on the ball it would be nice if a few of these people win all together
[01:09:48.680 --> 01:09:56.680]  Oh yeah and Pennsylvania is really looking up because we have this MERS thing with the recruiter of deeds
[01:09:56.680 --> 01:10:00.680]  I don't know if you've heard that she just had her, was it a month ago?
[01:10:00.680 --> 01:10:06.680]  They certified the class action for every single county in Pennsylvania
[01:10:06.680 --> 01:10:13.680]  If she wins the whole state wins against MERS
[01:10:13.680 --> 01:10:20.680]  She's going for quiet title on every MERS mortgage
[01:10:20.680 --> 01:10:23.680]  I don't know if you've caught that or not
[01:10:23.680 --> 01:10:28.680]  If she gets that they will elevate her to godhood
[01:10:28.680 --> 01:10:29.680]  Yes
[01:10:29.680 --> 01:10:31.680]  Yeah they will
[01:10:31.680 --> 01:10:35.680]  If they don't I will
[01:10:35.680 --> 01:10:43.680]  But it looks like she's already got, she already has the decision that all assignments and, oh here's another thing
[01:10:43.680 --> 01:10:51.680]  In Pennsylvania under Title 21 subsection 625 of the Pennsylvania statutes
[01:10:51.680 --> 01:10:56.680]  Not the consolidated statutes, just the Pennsylvania statutes
[01:10:56.680 --> 01:11:06.680]  There is a requirement, I told you about it before Randy, that every single address of any beneficial interest
[01:11:06.680 --> 01:11:11.680]  Has to be recorded in the recruiter of deeds
[01:11:11.680 --> 01:11:13.680]  And it's a crime not to?
[01:11:13.680 --> 01:11:15.680]  Yes
[01:11:15.680 --> 01:11:18.680]  That was a good one to find
[01:11:18.680 --> 01:11:22.680]  And she isn't even using this in her case
[01:11:22.680 --> 01:11:28.680]  But the thing is it says any change in the beneficial interest has to be recorded
[01:11:28.680 --> 01:11:32.680]  It's in there and it says not only does it have to be quote recorded
[01:11:32.680 --> 01:11:35.680]  But the address has to be certified
[01:11:35.680 --> 01:11:40.680]  It has to be signed for, that that is the correct address of the beneficial interest
[01:11:40.680 --> 01:11:46.680]  The party entitled to the interest, to the beneficial interest of the property
[01:11:46.680 --> 01:11:48.680]  However it's worded
[01:11:48.680 --> 01:11:50.680]  But it's a pretty long thing
[01:11:50.680 --> 01:11:58.680]  But it also states that the recruiter of deeds is not to record any interest in a property that doesn't have this certification
[01:11:58.680 --> 01:12:02.680]  And it details why the certification is needed
[01:12:02.680 --> 01:12:07.680]  So that's going to go to aggravated perjury tampering with government document on every one of those
[01:12:07.680 --> 01:12:09.680]  Yes
[01:12:09.680 --> 01:12:19.680]  So if they file this certifying and it can be shown that there were transactions in between that weren't certified
[01:12:19.680 --> 01:12:23.680]  Then these guys should go to jail
[01:12:23.680 --> 01:12:26.680]  Let me tell you what happened in my mortgage, okay
[01:12:26.680 --> 01:12:32.680]  On my mortgage I looked on the back and there was no certification signed
[01:12:32.680 --> 01:12:34.680]  Number one, none at all
[01:12:34.680 --> 01:12:39.680]  And the address that was there was not that of the party with beneficial interest
[01:12:39.680 --> 01:12:44.680]  It was that of Merth
[01:12:44.680 --> 01:12:46.680]  And it cannot be Merth
[01:12:46.680 --> 01:12:53.680]  Yes, Merth can't be a beneficiary no matter what it says on that
[01:12:53.680 --> 01:12:56.680]  Right
[01:12:56.680 --> 01:12:59.680]  So did you make that claim in your petition?
[01:12:59.680 --> 01:13:01.680]  Oh yes
[01:13:01.680 --> 01:13:03.680]  Did they rule on it?
[01:13:03.680 --> 01:13:05.680]  Not yet
[01:13:05.680 --> 01:13:08.680]  Oh sweet, okay yours is still working
[01:13:08.680 --> 01:13:10.680]  This is good news
[01:13:10.680 --> 01:13:27.680]  I'm considering the ramifications of an entire state ruling that all of Merth's filings are fraudulent or unenforceable
[01:13:27.680 --> 01:13:29.680]  Yeah
[01:13:29.680 --> 01:13:41.680]  Is it a Pennsylvania specific claim or is it a claim that could generalize to the other states?
[01:13:41.680 --> 01:13:45.680]  If other states have similar laws, yes
[01:13:45.680 --> 01:13:54.680]  But she made a class action suit for all the quarters of deeds in Pennsylvania and it was certified in the federal court in Philadelphia
[01:13:54.680 --> 01:13:58.680]  What was the specific claim that she made?
[01:13:58.680 --> 01:14:03.680]  Was this the one, the statute that says it must be filed?
[01:14:03.680 --> 01:14:12.680]  Yeah, that they are required to file, they fail to file and she wants quiet title against all of these mortgages
[01:14:12.680 --> 01:14:18.680]  She wants them to record all of the intervening things and she wants them to pay all the fees
[01:14:18.680 --> 01:14:28.680]  Now I told her, I said you know you can only go back six months on that because of the way the law is written
[01:14:28.680 --> 01:14:32.680]  It's void anyway after six months
[01:14:32.680 --> 01:14:37.680]  So I mean you can only make them go back and record the six months but it's still a lot of recording
[01:14:37.680 --> 01:14:38.680]  Yeah it is
[01:14:38.680 --> 01:14:40.680]  But she gets quiet title on everything else
[01:14:40.680 --> 01:14:52.680]  Well if they can't go back and re-record, then that bill has been wrung, then their documents are insufficient and they can't be fixed
[01:14:52.680 --> 01:14:54.680]  That's right
[01:14:54.680 --> 01:15:05.680]  So if she's relying on that statute, Pennsylvania is the only state so far that I know of that has a statutory requirement to file
[01:15:05.680 --> 01:15:17.680]  Craig Watkins, District Attorney for Dallas County sued MERS for the same issue and MERS called the suit frivolous and they were right
[01:15:17.680 --> 01:15:28.680]  Because in Texas there is no requirement to file a claim in the county records
[01:15:28.680 --> 01:15:43.680]  However, there is Texas Property Code 13.001 that says if you don't file the claim in the record, the claim is void as to the holder
[01:15:43.680 --> 01:15:45.680]  Exactly
[01:15:45.680 --> 01:15:53.680]  So in this case you don't have to file, this is a free state and you're free to screw yourself if you want to
[01:15:53.680 --> 01:16:05.680]  And that's precisely what MERS said, they said that they're not required to file but if you don't file you may not have a perfected title
[01:16:05.680 --> 01:16:09.680]  And when I read that I said yeah that's exactly how I read it
[01:16:09.680 --> 01:16:14.680]  Yeah it's not against the law, it just creates a fatal flaw come foreclosure time
[01:16:14.680 --> 01:16:16.680]  Exactly
[01:16:16.680 --> 01:16:24.680]  So we're looking at going back with the documents like what you found
[01:16:24.680 --> 01:16:35.680]  We charged 3249 penal code, securing and executing a document by deception
[01:16:35.680 --> 01:16:41.680]  Aggravated perjury, tampering with the government document, all these are felonies
[01:16:41.680 --> 01:16:46.680]  Against every person that signed and every person that had anything to do with it
[01:16:46.680 --> 01:17:12.680]  Hang on, Randy Kelton, Steve Skidmore, Rue of La Radio are calling number 512-646-1984, we'll be right back
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[01:19:24.680 --> 01:19:41.680]  Okay, we are back. Randy Kelton, Steve Skidmore and we're talking to Lesley in Pennsylvania
[01:19:41.680 --> 01:19:44.680]  Lesley, we do need to move on
[01:19:44.680 --> 01:19:46.680]  Yes, I was just about to say that
[01:19:46.680 --> 01:19:48.680]  You have other people that are waiting
[01:19:48.680 --> 01:19:54.680]  We went through that whole segment because it really was a good conversation
[01:19:54.680 --> 01:19:57.680]  You always bring really good information
[01:19:57.680 --> 01:20:02.680]  My only complaint is you don't call often enough
[01:20:02.680 --> 01:20:05.680]  Well, I just hate it often
[01:20:05.680 --> 01:20:10.680]  Don't be a stranger, you bring really good information
[01:20:10.680 --> 01:20:15.680]  Okay, I hope it helps somebody that they know what to look for
[01:20:15.680 --> 01:20:18.680]  That's what it's all about
[01:20:18.680 --> 01:20:22.680]  We have Chris from Pennsylvania sent to you
[01:20:22.680 --> 01:20:28.680]  Chris filed chapter 7, got the note extinguished
[01:20:28.680 --> 01:20:33.680]  And now he's working on Quiet Title to get everything tossed
[01:20:33.680 --> 01:20:36.680]  Good, great day
[01:20:36.680 --> 01:20:40.680]  Okay, thank you very much Lesley and don't be such a stranger
[01:20:40.680 --> 01:20:43.680]  Okay, bye bye
[01:20:43.680 --> 01:20:48.680]  Now we're going to go to Luisa in Florida
[01:20:48.680 --> 01:20:50.680]  Hello Ms. Luisa
[01:20:50.680 --> 01:20:54.680]  What do you have for us today?
[01:20:54.680 --> 01:21:03.680]  Okay, I don't know where to start but I was just on Wednesday in front of magistrate
[01:21:03.680 --> 01:21:16.680]  There was a referral to magistrate order requiring presentation of original note and scheduling case management conference and hearing on pending motion
[01:21:16.680 --> 01:21:19.680]  Okay, this is a foreclosure
[01:21:19.680 --> 01:21:22.680]  No, this would be state, this is Florida
[01:21:22.680 --> 01:21:27.680]  This is a foreclosure action
[01:21:27.680 --> 01:21:28.680]  Yes
[01:21:28.680 --> 01:21:33.680]  Okay, so they sued you for foreclosure, did you answer the suit?
[01:21:33.680 --> 01:21:37.680]  Yes, I appeared
[01:21:37.680 --> 01:21:44.680]  Prose and magistrate Mr. Lee has decided to set it for a trial
[01:21:44.680 --> 01:21:53.680]  The plaintiff, the lady who was representing the other side, she
[01:21:53.680 --> 01:22:06.680]  She said that the note and the documents are on its way to where I don't know where, I guess I'm guessing to the court for the presentation, everything
[01:22:06.680 --> 01:22:19.680]  So Mr. Lee said, magistrate, it appears that everything is in order, so let's set it for a trial, May 12, that's all I know, not much I know about
[01:22:19.680 --> 01:22:20.680]  Okay
[01:22:20.680 --> 01:22:23.680]  But I'm learning alone hardly
[01:22:23.680 --> 01:22:34.680]  Okay, I will soon have a questionnaire available on the web that will walk you through all of the issues in your foreclosure
[01:22:34.680 --> 01:22:37.680]  I don't quite have it up yet
[01:22:37.680 --> 01:22:51.680]  I can give you a good idea of what claims you have if you will send me everything that has been filed with the county recorder
[01:22:51.680 --> 01:23:00.680]  If you were listening earlier, Leslie was talking about documents filed with the county recorder's office and what a mess they were
[01:23:00.680 --> 01:23:15.680]  I regularly do evaluations of the documents filed in the county record and it is extremely rare for me to find a case where the documents appear to be in order
[01:23:15.680 --> 01:23:30.680]  They never are actually in order because as soon as they write the note, they sell a portion of it, but they never notice that, that's never filed like it's supposed to be
[01:23:30.680 --> 01:23:48.680]  But sometimes I will have a note written by a lender and then that lender files an assignment of the security instrument to someone else and then appoints a substitute trustee
[01:23:48.680 --> 01:23:58.680]  So on its face, everything appears to be regular and in order, but when we look underneath it, it's a horrible mess
[01:23:58.680 --> 01:24:06.680]  But to find one that actually looks like it's in order, that's about one in a hundred
[01:24:06.680 --> 01:24:19.680]  These records are such an incredible mess and the banks are used to filing these fraudulent documents and nobody raising any issues
[01:24:19.680 --> 01:24:23.680]  How old is your note?
[01:24:23.680 --> 01:24:32.680]  How old is my note? My note here, the copy that I see that they attached to the complaint
[01:24:32.680 --> 01:24:37.680]  No, no, no, hold up, when did you get the original mortgage?
[01:24:37.680 --> 01:24:39.680]  2005
[01:24:39.680 --> 01:24:41.680]  2005, okay
[01:24:41.680 --> 01:24:52.680]  So it's a nine-year-old note, it'll have some decent equity in it and it was right at the point where they were doing the worst notes they could file
[01:24:52.680 --> 01:25:00.680]  If it was 2005, then I can guarantee you the records are a mess
[01:25:00.680 --> 01:25:03.680]  Who was the original lender?
[01:25:03.680 --> 01:25:09.680]  Original lender is American Wholesale Lender and Merce was the nominee
[01:25:09.680 --> 01:25:12.680]  Boy, that keeps popping up tonight
[01:25:12.680 --> 01:25:15.680]  Yeah, American Wholesale Mortgage, well
[01:25:15.680 --> 01:25:19.680]  American Wholesale Lender
[01:25:19.680 --> 01:25:26.680]  Did you hear the discussion earlier about American Wholesale Lenders?
[01:25:26.680 --> 01:25:28.680]  Tonight?
[01:25:28.680 --> 01:25:30.680]  Yes
[01:25:30.680 --> 01:25:35.680]  They don't exist, the company never existed
[01:25:35.680 --> 01:25:45.680]  I think I spoke to them in the past and they said that they actually got destroyed or American
[01:25:45.680 --> 01:25:52.680]  But they never existed to start with, Ms. Leslie who was just on, she knows the people who took the name
[01:25:52.680 --> 01:26:00.680]  This company claimed to be a New York corporation, but they weren't filed as a corporation in New York
[01:26:00.680 --> 01:26:07.680]  And nobody had ever registered the name under a doing business ass, a DBA
[01:26:07.680 --> 01:26:19.680]  So these people who had mortgages with American Wholesale Lenders found this out and they went down and registered the name
[01:26:19.680 --> 01:26:31.680]  And then people would sue American Wholesale Lenders and send a suit to these guys and these guys would just throw it in the trash and ignore it
[01:26:31.680 --> 01:26:41.680]  And then the people would go into court, they file suit, the other side didn't answer, they get a default judgment against them
[01:26:41.680 --> 01:26:43.680]  They're still doing that
[01:26:43.680 --> 01:27:02.680]  If you will get all of the records that were filed in the county registrar's office, send a copy to me at Randy at ruleoflawradio.com
[01:27:02.680 --> 01:27:14.680]  Okay, I have already sent a few, probably about 10 to 15 days ago and I have resented a few thousand
[01:27:14.680 --> 01:27:26.680]  Okay, now if you've already sent it, let me, I'll check, what is the email name on the account, I get a lot of stuff
[01:27:26.680 --> 01:27:36.680]  Luisa Millett at hotmail.com, I believe that's the email that I have sent from email address
[01:27:36.680 --> 01:27:41.680]  Okay, send me, just send me an email so it'll be at the top
[01:27:41.680 --> 01:27:49.680]  You don't have to send anything in, just remind me that you've sent me documents and I will look at it
[01:27:49.680 --> 01:27:57.680]  And I'll contact you tomorrow, I'll send you an email or if I have a number I may try to call you
[01:27:57.680 --> 01:27:59.680]  I appreciate it, thank you
[01:27:59.680 --> 01:28:12.680]  But I'll take a brief look at the documentation and I'll be able to tell if, you know, pretty much what kind of claims you can make
[01:28:12.680 --> 01:28:14.680]  And I'll give you an idea of what you can do
[01:28:14.680 --> 01:28:17.680]  What was the email again?
[01:28:17.680 --> 01:28:19.680]  Luisa Millett
[01:28:19.680 --> 01:28:22.680]  Lisa, okay, Lisa, okay, that'll do it
[01:28:22.680 --> 01:28:27.680]  Luisa, yeah, L-O-U-I-S-A-M-I-L-I-C-1
[01:28:27.680 --> 01:28:33.680]  Okay, did you send it to Remedies in Real Estate or Root of Law Radio?
[01:28:33.680 --> 01:28:36.680]  Root of Law Radio
[01:28:36.680 --> 01:28:45.680]  Okay, good, then I will find it and send me another one so it'll be on top to make sure I get the email name right
[01:28:45.680 --> 01:28:48.680]  And I will find it and have a look at it in the morning
[01:28:48.680 --> 01:28:52.680]  Give me a phone number and I'll give you a call
[01:28:52.680 --> 01:28:55.680]  Absolutely, sure, no problem, appreciate it
[01:28:55.680 --> 01:28:57.680]  Okey-doke
[01:28:57.680 --> 01:29:03.680]  If I may ask just a few more questions if it is too late or...
[01:29:03.680 --> 01:29:06.680]  Sure
[01:29:06.680 --> 01:29:19.680]  Well, first of all just to inform people out there or maybe they will hear me and here in Florida I am quite desperate here in Orlando, Florida
[01:29:19.680 --> 01:29:35.680]  There is no attorney as far as I know that I interviewed with that said positively that I could do anything with my case but just for...
[01:29:35.680 --> 01:29:43.680]  Okay, stay right there, we're going to break, I know a guy in the Tampa Bay area
[01:29:43.680 --> 01:29:48.680]  Yeah, we need to talk about this on the other side
[01:29:48.680 --> 01:29:53.680]  Root of Law Radio, 512-646-1984
[01:29:53.680 --> 01:30:03.680]  Call us and get in line, well, we're getting pretty close to the end
[01:30:03.680 --> 01:30:10.680]  When teenagers don't get enough morning sunlight they may have a tougher time sleeping at night and that can cause lower grades
[01:30:10.680 --> 01:30:17.680]  I'm Dr. Catherine Albrecht and I'll tell you about the latest research into sunlight and night owl syndrome next
[01:30:17.680 --> 01:30:19.680]  Privacy is under attack
[01:30:19.680 --> 01:30:23.680]  When you give up data about yourself you'll never get it back again
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[01:30:28.680 --> 01:30:33.680]  Protect your rights, say no to surveillance and keep your information to yourself
[01:30:33.680 --> 01:30:35.680]  Privacy, it's worth hanging on to
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[01:30:52.680 --> 01:30:58.680]  When teenagers don't get enough morning light they're likely to go to bed later, get less sleep and underperform in school
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[01:33:00.680 --> 01:33:10.680]  You are listening to the Logos Radio Network, logosradionetwork.com
[01:33:30.680 --> 01:33:37.680]  Okay, we are back, Randy Kelton, Steve Skidmore, talking to Luisa in Florida
[01:33:37.680 --> 01:33:46.680]  Yes, there's an attorney in the Tampa Bay area who's had a lot of success fighting from the foreclosure
[01:33:46.680 --> 01:33:53.680]  What is his name? Mark Stoppa
[01:33:53.680 --> 01:33:58.680]  Okay, yes, I have contacted the office of Mr. Stoppa
[01:33:58.680 --> 01:34:00.680]  Okay
[01:34:00.680 --> 01:34:05.680]  A few days ago, and I begged them to take my case, and his assistant said,
[01:34:05.680 --> 01:34:11.680]  I'm sorry, there is conflict of interest, you have such an old case
[01:34:11.680 --> 01:34:16.680]  It would take $5,000 to $6,000 to take your case
[01:34:16.680 --> 01:34:18.680]  Okay
[01:34:18.680 --> 01:34:20.680]  That was said to me, yeah
[01:34:20.680 --> 01:34:27.680]  And I said, well, okay, even if I have the money, is there any way I could speak to Mr. Stoppa
[01:34:27.680 --> 01:34:31.680]  or something, just please give me a chance, I begged on the phone
[01:34:31.680 --> 01:34:37.680]  And okay, he said, I'll see what we can do, and I haven't heard from them
[01:34:37.680 --> 01:34:39.680]  Okay
[01:34:39.680 --> 01:34:41.680]  Okay, I found your email
[01:34:41.680 --> 01:34:42.680]  I see
[01:34:42.680 --> 01:34:43.680]  So I have your documents
[01:34:43.680 --> 01:34:44.680]  Appreciate it
[01:34:44.680 --> 01:34:51.680]  Send me one with a phone number, and I will get in contact with you tomorrow and let you know what I found
[01:34:51.680 --> 01:34:53.680]  I appreciate it
[01:34:53.680 --> 01:34:55.680]  Okay, and you had a couple questions
[01:34:55.680 --> 01:35:08.680]  Yes, I have listened to very many of your shows, and I appreciated all these lectures on Quiet Title
[01:35:08.680 --> 01:35:18.680]  However, when I discussed it with the attorneys here, or even I actually found and dug out one of the investigation,
[01:35:18.680 --> 01:35:28.680]  loan investigation certified agencies here in Florida called AJA Stevens and Associates
[01:35:28.680 --> 01:35:40.680]  They told me the Quiet Title does not work in Florida, and actually Mr. Stevens is running for some position in the Senate
[01:35:40.680 --> 01:35:56.680]  Please forgive me, but I know, he said the Quiet Title doesn't work in Florida, and he said their techniques with the loan investigation
[01:35:56.680 --> 01:36:04.680]  is that basically to bring the bank to the table to negotiate, to modify the loan
[01:36:04.680 --> 01:36:14.680]  Okay, that's where I was going to go to. All around the country, the courts really lean in favor of the banks
[01:36:14.680 --> 01:36:26.680]  So, you know, when you talk to a lawyer, he's going to look at the issues he brings in terms of whether or not he thinks he can win the issue
[01:36:26.680 --> 01:36:40.680]  We don't care about that. We'll bring the issue because it's a valid issue, expecting that the courts will rule against us out of hand at every turn
[01:36:40.680 --> 01:36:47.680]  But the problem the banks have is this costs them a lot of money
[01:36:47.680 --> 01:37:01.680]  So we try to make it look like it's going to cost them more money to win the case than the property's worth, so let's come to the table and make a deal
[01:37:01.680 --> 01:37:13.680]  Primarily everything we're about is to try to make a deal. When you're dealing with a corrupt court, the best thing you can do is put money pressure on the other side
[01:37:13.680 --> 01:37:21.680]  and give them a reason to come to the table. So that's what I will look at when I look through your documentation
[01:37:21.680 --> 01:37:29.680]  What valid claims can we make to give the bank enough difficulty that they'll come to the table?
[01:37:29.680 --> 01:37:42.680]  It's a corrupt world. You know, we say on here all the time, you'll never win your case simply because you have the law and the facts on your side
[01:37:42.680 --> 01:37:50.680]  To think so is naive. It is not that way now. It never ever has been that way
[01:37:50.680 --> 01:38:00.680]  You will only win your case if you have the politics on your side, and all politics is local
[01:38:00.680 --> 01:38:10.680]  The courts and the banks are driven by two issues, politics and money
[01:38:10.680 --> 01:38:29.680]  So if we design what we do based on generating local politics and costing the other side money, we can most likely bring them to the table
[01:38:29.680 --> 01:38:40.680]  Okay, so we do need to move along. We have a bunch of callers, and I will get a hold of you tomorrow and let you know when I find what I think you can do
[01:38:40.680 --> 01:38:48.680]  Thank you so much, gentlemen. A great day. You're doing an excellent job. Thank you so much for everything you're doing for us
[01:38:48.680 --> 01:38:52.680]  Thank you for calling in. Don't be afraid to call in
[01:38:52.680 --> 01:38:59.680]  Sure, I'll try again. Thank you. Bye-bye
[01:38:59.680 --> 01:39:04.680]  Kim in California
[01:39:04.680 --> 01:39:13.680]  Hello, Kim. What you got? Thank you for holding on so long, by the way
[01:39:13.680 --> 01:39:15.680]  I was determined
[01:39:15.680 --> 01:39:19.680]  Yes. Hang in there
[01:39:19.680 --> 01:39:31.680]  I'd like to give a little background so you understand my concern, and I'm mostly just looking for a strategy to prevent retaliation or discourage retaliation
[01:39:31.680 --> 01:39:46.680]  We have a local journalist who has her own news website, and she actually does investigative reporting, and she's been uncovering all kinds of corruption in the county and pissing people off
[01:39:46.680 --> 01:40:07.680]  Last summer, one of her daughters died, and she went to LA with her second daughter, who is still alive. They went to LA, they dealt with that, and they came back home to this county
[01:40:07.680 --> 01:40:27.680]  and found out that the grandchildren had been snatched by CPS for various reasons, a dirty house, and they kept those children for about six or seven months. We finally had to have a rally and do some political pressure
[01:40:27.680 --> 01:40:45.680]  In the meantime, the same journalist also teaches bridge classes. Her daughter had been dead a week. It was the first time out of the house she was teaching her bridge class
[01:40:45.680 --> 01:41:04.680]  It was in a restaurant, I believe, and she had had a couple of glasses of wine, and she was pulled over by a police officer. She passed the breast test in the field sobriety and what have you, but he was still bound and determined to arrest her
[01:41:04.680 --> 01:41:23.680]  Apparently, once the case got into the system, it should have been dropped because there were just too many things wrong. He lied, he did a bunch of different things he shouldn't have done, and he apparently has a reputation of being a dirty cop anyway
[01:41:23.680 --> 01:41:39.680]  But once a district attorney got it, all of a sudden the case got pushed through, and just this last week it finally went to jury trial, and I sat through that in support of her
[01:41:39.680 --> 01:41:48.680]  So I was just sitting in the gallery with some other people in the community who are supporting her and who know the situations of the case
[01:41:48.680 --> 01:41:51.680]  We do have to move along. We're going to run out of time here
[01:41:51.680 --> 01:42:14.680]  Okay, yeah, I just got to it. So while we, during one of the jury breaks, this cop who has a reputation for being dirty and beating people up and doing all kinds of things he shouldn't be doing, he came over and took pictures of us sitting in the gallery with his cell phone
[01:42:14.680 --> 01:42:22.680]  Okay, so he took a picture of you exercising a constitutional right
[01:42:22.680 --> 01:42:26.680]  Was he wearing a pistol when he did that?
[01:42:26.680 --> 01:42:30.680]  No
[01:42:30.680 --> 01:42:32.680]  No, not on that day
[01:42:32.680 --> 01:42:34.680]  Were you?
[01:42:34.680 --> 01:42:42.680]  He's the one who, you know, I don't, he was sitting beside the prosecutor during the whole case
[01:42:42.680 --> 01:42:48.680]  Were you frightened or intimidated by the action?
[01:42:48.680 --> 01:42:50.680]  Yeah
[01:42:50.680 --> 01:42:55.680]  You should file criminal charges against him for official oppression
[01:42:55.680 --> 01:42:57.680]  I'm sorry, what?
[01:42:57.680 --> 01:42:59.680]  Official oppression
[01:42:59.680 --> 01:43:00.680]  Sorry
[01:43:00.680 --> 01:43:18.680]  Let me give you kind of an idea how this works. You know, we do this here in Texas all the time. We tell them, guys, you want to play hardball? We'll introduce you to the deep end of the pool
[01:43:18.680 --> 01:43:30.680]  You file official oppression against him. The prosecutor's going to refuse to act on it. You file against the prosecutor for shielding the police officer from prosecution and demand that he give it to the grand jury
[01:43:30.680 --> 01:43:40.680]  And he's going to say, well, that's not sufficient evidence. And you're going to tell him, you work with the guy, you're disqualified, you have no business making that determination, you give it to the grand jury
[01:43:40.680 --> 01:43:59.680]  When he refuses, you charge him with official misconduct. You know, written accusation and take it to the judge. Tell the judge that he's shielding the officer from prosecution and creating and bedding interference with you
[01:43:59.680 --> 01:44:03.680]  You feel tired when talking about important topics like money and politics?
[01:44:03.680 --> 01:44:04.680]  Sorry
[01:44:04.680 --> 01:44:06.680]  Are you confused by words like the Constitution or the Federal Reserve?
[01:44:06.680 --> 01:44:07.680]  What?
[01:44:07.680 --> 01:44:18.680]  If so, you may be diagnosed with the deadliest disease known today, stupidity. Hi, my name is Steve Holt, and like millions of other Americans, I was diagnosed with stupidity at an early age
[01:44:18.680 --> 01:44:29.680]  I had no idea that the number one cause of the disease is found in almost every home in America, the television. Unfortunately, that puts most Americans at risk of catching stupidity, but there is hope
[01:44:29.680 --> 01:44:42.680]  The staff at Brave New Books have helped me and thousands of other Foxaholics suffering from sports zombie-ism recover. And because of Brave New Books, I now enjoy reading and watching educational documentaries without feeling tired or uninterested
[01:44:42.680 --> 01:44:54.680]  So if you or anybody you know suffers from stupidity, then you need to call 512-480-2503 or visit them in 1904 Guadalupe or bravenewbookstore.com
[01:44:54.680 --> 01:45:00.680]  Side effects from using Brave New Books products may include discernment and enlarged vocabulary and an overall increase in mental functioning
[01:45:00.680 --> 01:45:15.680]  Are you the plaintiff or defendant in a lawsuit? Win your case without an attorney with Jurisdictionary, the affordable, easy-to-understand 4-CD course that will show you how in 24 hours, step by step
[01:45:15.680 --> 01:45:27.680]  If you have a lawyer, know what your lawyer should be doing. If you don't have a lawyer, know what you should do for yourself. Thousands have won with our step-by-step course, and now you can too
[01:45:27.680 --> 01:45:42.680]  Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience. Even if you're not in a lawsuit, you can learn what everyone should understand about the principles and practices that control our American courts
[01:45:42.680 --> 01:45:51.680]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, pro se tactics, and much more
[01:45:51.680 --> 01:46:13.680]  Please visit ruleoflawradio.com and click on the banner or call toll-free, 866-LAW-EZ
[01:46:21.680 --> 01:46:50.680]  The people come down from the hill
[01:46:50.680 --> 01:47:00.680]  Into the city they will shuffle
[01:47:00.680 --> 01:47:06.680]  Okay, we are back. Randy Kelton, Steve Skidmore, ruleoflawradio, and Kim
[01:47:06.680 --> 01:47:15.680]  This is one of my favorite subjects. I have a whole lot to say on it. It's just that tonight, we do a four-hour, no, this is a four-hour show
[01:47:15.680 --> 01:47:26.680]  We have a whole routine that we show people how to go through, especially if you're worried about retaliation
[01:47:26.680 --> 01:47:41.680]  You file against the officer with the prosecutor, and the prosecutor will refuse to act, and then you file against the prosecutor with the highest-level judge you can find
[01:47:41.680 --> 01:47:50.680]  And then when the judge refuses to act, then you prepare complaints for the grand jury and send them to the prosecutor
[01:47:50.680 --> 01:47:59.680]  Now, you're accusing the judge of not prosecuting the prosecutor. That would put the prosecutor in a position where he would have to recuse himself
[01:47:59.680 --> 01:48:13.680]  But in the end, you don't care what they do, because once you've been to that higher-level judge, if that police officer or any police officer says or does anything to you
[01:48:13.680 --> 01:48:23.680]  You accuse the judge of sending that officer to harass you because you file complaints against the judge
[01:48:23.680 --> 01:48:31.680]  This will scare the bejesus out of them. They are terrified of these judges
[01:48:31.680 --> 01:48:40.680]  The best complaint you can file against the judge is a complaint for something he actually didn't do
[01:48:40.680 --> 01:48:52.680]  Because he will be very righteously indignant, and he will crawl down these officer's throats, stomping his feet all the way
[01:48:52.680 --> 01:49:00.680]  Everything is political if you want these guys to not harass this journalist
[01:49:00.680 --> 01:49:05.680]  Have her call in. We talked to her about how to handle this
[01:49:05.680 --> 01:49:10.680]  Just file criminal complaints against everybody that moves
[01:49:10.680 --> 01:49:14.680]  When you file a criminal complaint, you're going to think nothing happens
[01:49:14.680 --> 01:49:19.680]  Because you don't get it to the grand jury, you don't get them indicted
[01:49:19.680 --> 01:49:31.680]  I assure you, when you start filing criminal complaints against them, especially in California, you are going to scare the bejesus out of them
[01:49:31.680 --> 01:49:44.680]  California has a great grand jury system, and as far as these officials are concerned, a grand jury is like playing Russian roulette
[01:49:44.680 --> 01:49:57.680]  You never know what a grand jury is going to do, and you never know when somebody might get your complaints to a grand jury, even by accident
[01:49:57.680 --> 01:50:00.680]  And that could end their careers
[01:50:00.680 --> 01:50:07.680]  If you want the police not to mess with you, don't mess with the police. Go above their heads
[01:50:07.680 --> 01:50:09.680]  Don't go to the chief of police
[01:50:09.680 --> 01:50:15.680]  If you go to file a complaint with the prosecutor and he tells you you should file it with the police department, you tell him absolutely not
[01:50:15.680 --> 01:50:19.680]  I'm filing it with you, you can either act on it or not
[01:50:19.680 --> 01:50:27.680]  And when you go to the district judge, all judges are magistrates, so you invoke their duty as a magistrate
[01:50:27.680 --> 01:50:29.680]  Here's the rule
[01:50:29.680 --> 01:50:37.680]  Never ask a public official to do anything you actually want him to do
[01:50:37.680 --> 01:50:43.680]  Because you only ask public officials to do what they are required to do
[01:50:43.680 --> 01:50:52.680]  And when they don't do what they're required to do, you pull out the Ku Klux Klan Act, and every state has a statute reflecting the Ku Klux Klan Act
[01:50:52.680 --> 01:51:07.680]  If a public official, acting under the control of his authority, exerts or purports to exert an authority he does not expressly have or fails to perform a duty he is required to perform, that's a crime in every state
[01:51:07.680 --> 01:51:15.680]  So when you go to that magistrate and demand that that magistrate take your complaints and he refuses, you file complaints against the magistrate
[01:51:15.680 --> 01:51:19.680]  You want that to be the highest level judge you can find
[01:51:19.680 --> 01:51:28.680]  That creates a lot of politics, you don't want him to take your complaint because you want to be able to file against him
[01:51:28.680 --> 01:51:35.680]  It makes them crazy, they'll figure out real quick that you're setting them up
[01:51:35.680 --> 01:51:42.680]  And they will tell everybody, stay away from them, they are nothing but trouble
[01:51:42.680 --> 01:51:49.680]  And just like a snowball, when this news travels downhill, it gains momentum
[01:51:49.680 --> 01:51:56.680]  In those ponds, big fishes eat little fishes
[01:51:56.680 --> 01:51:57.680]  Yes, they do
[01:51:57.680 --> 01:52:01.680]  You are not the little fish
[01:52:01.680 --> 01:52:04.680]  All of those guys are fishes
[01:52:04.680 --> 01:52:09.680]  They're all public officials, they're all public servants
[01:52:09.680 --> 01:52:12.680]  You are the master
[01:52:12.680 --> 01:52:17.680]  They all work for you and they better not forget it
[01:52:17.680 --> 01:52:25.680]  And they won't forget it once you start setting them up by asking them to do things they're not going to want to do
[01:52:25.680 --> 01:52:28.680]  But the law requires them to do
[01:52:28.680 --> 01:52:31.680]  Never give them fair warning
[01:52:31.680 --> 01:52:37.680]  If cameras are legal in the courtroom or not, I'm not even going to pursue them
[01:52:37.680 --> 01:52:40.680]  Pick your fights real careful
[01:52:40.680 --> 01:52:43.680]  That's a great fight to have
[01:52:43.680 --> 01:52:48.680]  If you go in there and say, I want to photograph the courtroom, oh you can't photograph the courtroom
[01:52:48.680 --> 01:52:52.680]  You file criminal charges, don't tell the judge you're going to file criminal charges against the judge
[01:52:52.680 --> 01:52:56.680]  Just go file criminal charges against the judge
[01:52:56.680 --> 01:53:03.680]  And then send the county a court letter that you intend to sue them for denying you your First Amendment rights
[01:53:03.680 --> 01:53:08.680]  The counties really hate to be sued
[01:53:08.680 --> 01:53:12.680]  The police officer pointing his camera at me, I guess, is the official president
[01:53:12.680 --> 01:53:16.680]  Because I am worried about retaliation, so I guess that's where I should head
[01:53:16.680 --> 01:53:23.680]  The way you stop retaliation is you go right for their professional folks
[01:53:23.680 --> 01:53:28.680]  I go into courthouses and they hate to see me coming
[01:53:28.680 --> 01:53:31.680]  It seems like it's already gone to retaliation
[01:53:31.680 --> 01:53:36.680]  Well, no, he was just trying to threaten them
[01:53:36.680 --> 01:53:40.680]  They pull that garbage on me, I'll give him a surprise
[01:53:40.680 --> 01:53:45.680]  I'll be down his boss' throat
[01:53:45.680 --> 01:53:50.680]  If he's a city police officer, you go file your complaint with the mayor
[01:53:50.680 --> 01:53:54.680]  And just chew that mayor out like he's an errand stepchild
[01:53:54.680 --> 01:54:00.680]  What are you doing sending these morons down here to threaten us in the courtroom?
[01:54:00.680 --> 01:54:05.680]  The mayor is going to hate being chewed out by one of his voters
[01:54:05.680 --> 01:54:10.680]  And he's going to go get the chief of police and he is not going to care what this officer did
[01:54:10.680 --> 01:54:14.680]  All he cares about is he's being chewed out because of one of these officers
[01:54:14.680 --> 01:54:17.680]  You better go fix it
[01:54:17.680 --> 01:54:20.680]  That's how the politics works
[01:54:20.680 --> 01:54:23.680]  That's how it works in the world we live in
[01:54:23.680 --> 01:54:27.680]  May not be right, but that's how it actually works
[01:54:27.680 --> 01:54:31.680]  Anyway, does that make sense?
[01:54:31.680 --> 01:54:39.680]  I know it's short, but have this journalist call me if she will
[01:54:39.680 --> 01:54:40.680]  I'll try, I don't know
[01:54:40.680 --> 01:54:42.680]  Yeah, I'll try it
[01:54:42.680 --> 01:54:45.680]  Donald C.D.O. though
[01:54:45.680 --> 01:54:53.680]  If you go after them criminally and they will give you more criminal charges to file against them
[01:54:53.680 --> 01:54:56.680]  Than you can ever keep up with
[01:54:56.680 --> 01:54:59.680]  They don't follow the law
[01:54:59.680 --> 01:55:05.680]  I go to the courthouse, I'm always trying to get them to do something so I can call 911
[01:55:05.680 --> 01:55:11.680]  And ask the police to come down and arrest the police
[01:55:11.680 --> 01:55:14.680]  They hate that
[01:55:14.680 --> 01:55:18.680]  And then when the one I call doesn't arrest the other guy
[01:55:18.680 --> 01:55:22.680]  I tell them, come on, take your chicken feet off
[01:55:22.680 --> 01:55:26.680]  And oh, they hate that too
[01:55:26.680 --> 01:55:30.680]  It puts them in a really untenable position
[01:55:30.680 --> 01:55:38.680]  And they are absolutely not accustomed to somebody using their own law against them
[01:55:38.680 --> 01:55:43.680]  That will stop the retaliation
[01:55:43.680 --> 01:55:50.680]  Chief of police will tell this officer, don't you look at her, don't you tick at her, don't you go anywhere around her
[01:55:50.680 --> 01:55:57.680]  Because I don't want the mayor crawling down my throat again and maybe firing me because of you
[01:55:57.680 --> 01:56:00.680]  Big fishy little fish
[01:56:00.680 --> 01:56:03.680]  Somebody's going to get fired, it's going to be you, not me
[01:56:03.680 --> 01:56:06.680]  That's how it works
[01:56:06.680 --> 01:56:10.680]  You have to remember you are the master
[01:56:10.680 --> 01:56:15.680]  Okay, so I have to do two things, file the official person and also talk to the mayor
[01:56:15.680 --> 01:56:18.680]  Yeah, go to the mayor, just chew him out
[01:56:18.680 --> 01:56:23.680]  The mayor is the guy that works for you
[01:56:23.680 --> 01:56:26.680]  Everybody else works for the mayor
[01:56:26.680 --> 01:56:29.680]  Should she take a copy of the complaint to the mayor?
[01:56:29.680 --> 01:56:31.680]  Absolutely
[01:56:31.680 --> 01:56:36.680]  In that city though where it happened, I live in the unincorporated county
[01:56:36.680 --> 01:56:42.680]  Okay, if it's a county, is the officer a city police officer or county?
[01:56:42.680 --> 01:56:44.680]  City police officer
[01:56:44.680 --> 01:56:49.680]  Go to the mayor of the city and crawl right down that mayor's throat
[01:56:49.680 --> 01:56:55.680]  Because that police officer works for the chief of police, he works for the mayor
[01:56:55.680 --> 01:57:05.680]  And the mayor is not going to like it when you accuse the mayor of sending one of those idiot jackbooty thugs out to threaten and intimidate us in your courtroom
[01:57:05.680 --> 01:57:09.680]  He's going to be real unhappy about that
[01:57:09.680 --> 01:57:12.680]  That's your courtroom, Kim
[01:57:12.680 --> 01:57:13.680]  Right
[01:57:13.680 --> 01:57:20.680]  Not the mayor's courtroom, that's not the mayor's court, that's your court
[01:57:20.680 --> 01:57:22.680]  Pardon me?
[01:57:22.680 --> 01:57:29.680]  You used to have sample documents of complaints
[01:57:29.680 --> 01:57:38.680]  In California, a criminal complaint is structured just like a motion to the court
[01:57:38.680 --> 01:57:44.680]  But on my website, jurisimprudence.com, I think it's back up
[01:57:44.680 --> 01:57:48.680]  I've had little issues with my server
[01:57:48.680 --> 01:57:53.680]  Grandkids, my grandkids put up this 16 gig file
[01:57:53.680 --> 01:57:59.680]  Too many files on my server, they shut my server down
[01:57:59.680 --> 01:58:03.680]  Okay, let me check if it comes up, about out of time, yes
[01:58:03.680 --> 01:58:05.680]  Jurisimprudence is up
[01:58:05.680 --> 01:58:12.680]  Jurisimprudence, I-E-M-P-R-U-T-E-N-C-E.com
[01:58:12.680 --> 01:58:17.680]  Go there, you will find some examples of criminal complaints
[01:58:17.680 --> 01:58:21.680]  Look in the Cherokee County section right up there at the beginning
[01:58:21.680 --> 01:58:23.680]  I'm sorry, we are out of time
[01:58:23.680 --> 01:58:27.680]  Brian, Chris, I'm sorry we didn't get to you
[01:58:27.680 --> 01:58:32.680]  This is Randy Kelton, Steve Skidmore, Rooted by Radio
[01:58:32.680 --> 01:58:37.680]  We will be back next Thursday with myself and Debra
[01:58:37.680 --> 01:58:42.680]  And then back here again next Friday with our four hour info marathon
[01:58:42.680 --> 01:58:47.680]  Thank you all for listening, talk to you next time, good night
[01:58:47.680 --> 01:58:49.680]  Good night everybody
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