ROL_2014-04-04_16k_Hr1-2.timecode

[00:00.000 --> 00:05.000]  More evidence that Turkey is supporting al-Qaeda in an attempt to overthrow Syria.
[00:05.000 --> 00:10.000]  I'm Ben Swann with your Truth In Media moment, sponsored in part by benswann.com.
[00:10.000 --> 00:16.000]  I told you last week that media is ignoring the fact that not only did the Turkish Air Force shoot down a Syrian fighter jet,
[00:16.000 --> 00:23.000]  but that Turkey did so in an area where al-Qaeda is attempting to gain control of a key northern Syrian border crossing.
[00:23.000 --> 00:29.000]  Well, now comes a new revelation, an audio recording of a phone call between high level Turkish authorities,
[00:29.000 --> 00:36.000]  including the foreign minister, the head of Turkish intelligence, the undersecretary of foreign ministry, and a general.
[00:36.000 --> 00:42.000]  The conversation, which has been translated into English, appears to include statements by the head of intelligence
[00:42.000 --> 00:46.000]  to use al-Qaeda to create a false flag to send troops into Syria.
[00:46.000 --> 00:51.000]  Reuters news agency, which examined that recording, said it could not verify its authenticity,
[00:51.000 --> 00:54.000]  but it was potentially the most damaging purported leak so far,
[00:54.000 --> 01:00.000]  as it does appear to be a bugging of a highly confidential conversation among top leaders.
[01:00.000 --> 01:08.000]  Justification can be created, they say, to take Syrian land north of Apello, where a tomb, Suleiman Shah, is located.
[01:08.000 --> 01:15.000]  So how has Turkey's government responded to this supposed leak? I'll tell you after this.
[01:15.000 --> 01:20.000]  The destruction of constitutional liberties and endless foreign wars, the voice of the people silenced,
[01:20.000 --> 01:24.000]  while lawmakers simply enrich themselves and the political class.
[01:24.000 --> 01:30.000]  I'm Ben Swan. Is it about left versus right? No, the real fight is liberty versus tyranny.
[01:30.000 --> 01:33.000]  At benswan.com, we are breaking the left-right paradigm.
[01:33.000 --> 01:36.000]  We know that the American two-party system is broken,
[01:36.000 --> 01:42.000]  and that to restore American liberty means to restore your rights as an individual.
[01:42.000 --> 01:47.000]  At benswan.com, we cover stories the national media won't touch, from the National Defense Authorization Act,
[01:47.000 --> 01:52.000]  chenellification, militarization of police, and crony capitalism.
[01:52.000 --> 01:56.000]  We are not afraid to stand up for the rights of the people.
[01:56.000 --> 01:59.000]  We are the face of new media.
[01:59.000 --> 02:07.000]  benswan.com, where humanity is greater than politics.
[02:07.000 --> 02:14.000]  How has Turkey's government responded to a supposed leak of high-level officials working with al-Qaeda to overthrow Syria?
[02:14.000 --> 02:19.000]  By blocking YouTube from the entire country, which apparently didn't work very well.
[02:19.000 --> 02:24.000]  Officially, the Turkish authorities have said the only thing this recording actually proves
[02:24.000 --> 02:28.000]  is that they are making plans to protect Turkish land, if necessary.
[02:28.000 --> 02:33.000]  But they've also threatened to throw into prison the traitor who leaked the phone call.
[02:33.000 --> 02:39.000]  This story proves once again that the case for war can be made through false flag operations and through propaganda.
[02:39.000 --> 02:45.000]  But thanks to new media, we might have insight into those kinds of operations like we never have before.
[02:45.000 --> 03:00.000]  For stories that affect your liberty, you can find me online at benswan.com, where humanity is greater than politics.
[03:00.000 --> 03:10.000]  Bad boys, whatcha gonna do?
[03:10.000 --> 03:16.000]  When she'll make something good for you?
[03:16.000 --> 03:21.000]  Tell me, whatcha gonna do?
[03:21.000 --> 03:26.000]  Bad boys, bad boys, whatcha gonna do?
[03:26.000 --> 03:30.000]  Bad boys, bad boys, whatcha gonna do?
[03:30.000 --> 03:32.000]  Whatcha gonna do when they come for you?
[03:32.000 --> 03:35.000]  Bad boys, bad boys, whatcha gonna do?
[03:35.000 --> 03:37.000]  Okay, the bad boys are back.
[03:37.000 --> 03:39.000]  We popped out for last night.
[03:39.000 --> 03:42.000]  We had a producer issue.
[03:42.000 --> 03:45.000]  We didn't have anybody to produce a show, so we had to put in an archive.
[03:45.000 --> 03:50.000]  We're trying to put on some more producers, and lucky we have Nate.
[03:50.000 --> 03:52.000]  He has bailed us out here.
[03:52.000 --> 03:54.000]  We appreciate him.
[03:54.000 --> 04:03.000]  You don't talk near as much trash about Nate as you did Chris.
[04:03.000 --> 04:05.000]  Chris was so much fun to pick on.
[04:05.000 --> 04:07.000]  He was a lot easier target, wasn't he?
[04:07.000 --> 04:09.000]  He was an easier target.
[04:09.000 --> 04:10.000]  Okay.
[04:10.000 --> 04:12.000]  No, I don't talk the trash.
[04:12.000 --> 04:18.000]  Nate, they're both good guys, and we appreciate everybody's participation.
[04:18.000 --> 04:23.000]  Particularly since everything here is on a volunteer basis.
[04:23.000 --> 04:34.000]  And this is April the 4th, 2014, our Friday night 2-hour, 4-hour info marathon.
[04:34.000 --> 04:38.000]  And we have the phones open all night.
[04:38.000 --> 04:46.000]  So give us a call about any topic, except I want to avoid religion.
[04:46.000 --> 04:50.000]  That gets Denver pretty wound up, so I'll stay away from that one.
[04:50.000 --> 04:55.000]  About anything else, especially if it's Santa Barbara, worry about Steve.
[04:55.000 --> 04:56.000]  We love that.
[04:56.000 --> 05:01.000]  And I want to start out talking about the foot closure.
[05:01.000 --> 05:06.000]  That's what we talk about on the first two hours anyway.
[05:06.000 --> 05:14.000]  And one thing I hadn't done in quite a while is kind of do an overview.
[05:14.000 --> 05:23.000]  I am in the process of finishing up a business plan on my electronic lawyer.
[05:23.000 --> 05:28.000]  This thing is, the pieces are fitting together.
[05:28.000 --> 05:35.000]  I know folks are probably getting tired of hearing about it because I've been talking about it for such a long time.
[05:35.000 --> 05:39.000]  It is the nature of designing things.
[05:39.000 --> 05:42.000]  It's really easy to have a great idea.
[05:42.000 --> 05:47.000]  And lots of people have lots of great ideas.
[05:47.000 --> 05:57.000]  But very few people ever get the experience of working through that idea into a real product or end result.
[05:57.000 --> 06:05.000]  It always takes a lot more work and detail than you expect.
[06:05.000 --> 06:12.000]  And I'm trained as an engineer.
[06:12.000 --> 06:21.000]  The most fun for me about it is that I realized a long time ago that when you have a great idea
[06:21.000 --> 06:27.000]  and you start to implement that idea, if you're lucky,
[06:27.000 --> 06:38.000]  it will morph and change and grow into something often totally different than what you started with.
[06:38.000 --> 06:45.000]  And that is if you are a good engineer and you are able to put yourself out of the way
[06:45.000 --> 06:49.000]  and let the project find its own way.
[06:49.000 --> 06:52.000]  And I have been struggling to do that.
[06:52.000 --> 06:55.000]  And we're pretty close.
[06:55.000 --> 07:05.000]  And so in building the tool, I tend to repeatedly go over the details, the basics.
[07:05.000 --> 07:08.000]  But we don't do that much here on the air.
[07:08.000 --> 07:11.000]  And we talk about them in bits and pieces.
[07:11.000 --> 07:13.000]  So I'm kind of going to give a front end.
[07:13.000 --> 07:24.000]  If you have a mortgage, whether you are in foreclosure or not, you have a great number of options.
[07:24.000 --> 07:27.000]  And while I'm talking, I'll bring up my...
[07:27.000 --> 07:33.000]  I have a map that I've constructed on the foreclosure issue.
[07:33.000 --> 07:38.000]  It's in the form of a mind map.
[07:38.000 --> 07:43.000]  And it turns out this mapping procedure is really important.
[07:43.000 --> 07:52.000]  And anybody who has an issue of this nature that is complex,
[07:52.000 --> 08:06.000]  you absolutely should map out because mapping it out into steps has a way of organizing the mind.
[08:06.000 --> 08:14.000]  And when you take the steps and put them into a map,
[08:14.000 --> 08:22.000]  you use a part of the mind that we normally don't use. It's normally out of awareness.
[08:22.000 --> 08:27.000]  That part of the mind we use when we drive down the road,
[08:27.000 --> 08:35.000]  thinking about some issue, listening to the radio, talking to somebody else,
[08:35.000 --> 08:41.000]  and all of a sudden we wind up at a destination.
[08:41.000 --> 08:49.000]  Everybody's had that experience, but it begs the question, who's driving the car?
[08:49.000 --> 08:58.000]  Well, there's another aspect of mind that normally stays out of conscious awareness.
[08:58.000 --> 09:07.000]  That part of your mind that looks out the window and sees the world in your peripheral vision.
[09:07.000 --> 09:13.000]  The part of the world you see in your focus, the conscious mind pays attention to that.
[09:13.000 --> 09:17.000]  But when you're driving along thinking about something else,
[09:17.000 --> 09:25.000]  your eyes can just go slightly out of focus so you're really not paying attention to anything in particular.
[09:25.000 --> 09:32.000]  But that peripheral part of your vision is paying attention to everything.
[09:32.000 --> 09:42.000]  And it sees where you're at. It has you oriented in space in relation to where you're at and where you want to go.
[09:42.000 --> 09:44.000]  Well, that works really well when you're driving.
[09:44.000 --> 09:51.000]  It also works really well when you're trying to sort out a complex issue.
[09:51.000 --> 09:56.000]  And so we've designed a map for this purpose.
[09:56.000 --> 10:05.000]  We start out with a question here. And the first question is, what's the current condition of your mortgage?
[10:05.000 --> 10:10.000]  And you'll either answer up to date or behind on payments.
[10:10.000 --> 10:19.000]  If you're up to date, then do you expect to stay up to date or are you struggling to keep up?
[10:19.000 --> 10:28.000]  And then whichever one you pick there, based on your answers, you will have different potential options available to you.
[10:28.000 --> 10:36.000]  Then the next thing to know is what do you want?
[10:36.000 --> 10:46.000]  One of the biggest concerns I have when I try to help people with mortgage issues is they don't know what they want.
[10:46.000 --> 10:49.000]  They've got kind of a vague general idea.
[10:49.000 --> 11:00.000]  But if you have a mortgage issue and I come to you and I say, okay, I got these people ready to make a deal,
[11:00.000 --> 11:06.000]  what would be an equitable outcome for you?
[11:06.000 --> 11:18.000]  I had someone contact me over a family law issue and I caused her to spend a lot of time
[11:18.000 --> 11:26.000]  and a lot of work to develop a very well-constructed statement of facts, a timeline.
[11:26.000 --> 11:34.000]  And it took a couple of tries, but she put a lot of work in it and finally got it very well done.
[11:34.000 --> 11:41.000]  And I looked at her and then I got a pretty good idea of what was going on.
[11:41.000 --> 11:47.000]  Then I asked her, what do you want? What do you want me to do for you?
[11:47.000 --> 11:54.000]  And she said, that's a good question.
[11:54.000 --> 11:58.000]  Well, duh.
[11:58.000 --> 12:08.000]  First thing you need to determine is where you want to wind up at the end of the day.
[12:08.000 --> 12:17.000]  Because if you don't know where you're going, there's a very good chance you're going to wind up somewhere else.
[12:17.000 --> 12:25.000]  If you don't know what would be a win for you, you can win and not know it.
[12:25.000 --> 12:33.000]  I had a friend who helped people with tax issues and this highlights the problem that we have.
[12:33.000 --> 12:42.000]  When we get into a contentious issue of this nature, especially when we're fighting someone like the banks and the courts.
[12:42.000 --> 12:49.000]  If you're not super rich, the courts are your enemy. Make no mistake about that.
[12:49.000 --> 12:55.000]  So you're fighting both the courts and the wealthy opponent.
[12:55.000 --> 13:04.000]  You tend to wind up feeling betrayed by the courts and mistreated by the opponent.
[13:04.000 --> 13:12.000]  And you tend to have emotional reactions to those feelings of betrayal.
[13:12.000 --> 13:16.000]  You get angry, you get frustrated.
[13:16.000 --> 13:26.000]  And if you are not really careful, the whole thing will become about the fight and not the outcome.
[13:26.000 --> 13:29.000]  A friend of mine helped people with taxes.
[13:29.000 --> 13:33.000]  One of the clients in turned to somebody who has some tax liens.
[13:33.000 --> 13:35.000]  And they wanted to get rid of the tax liens.
[13:35.000 --> 13:37.000]  So she looked them over and she said, you want to get rid of these?
[13:37.000 --> 13:42.000]  He said, yes. Ripped them up, threw them in the trash.
[13:42.000 --> 13:49.000]  She said that expired a year ago and the IRS didn't renew them.
[13:49.000 --> 13:54.000]  These people didn't even know that. They're still fighting the tax liens. They're already gone.
[13:54.000 --> 13:59.000]  So what do they do? They write a skating letter to the IRS.
[13:59.000 --> 14:07.000]  Just ripping them upside one side and down the other for giving them so much grief about these tax liens that they didn't even bother to renew.
[14:07.000 --> 14:11.000]  So what do you think the IRS did?
[14:11.000 --> 14:15.000]  Of course, they renewed the liens.
[14:15.000 --> 14:22.000]  Know what your outcome is first once you have determined what would be an outcome.
[14:22.000 --> 14:25.000]  Do you want to keep the property?
[14:25.000 --> 14:30.000]  Do you have an investment in property beyond the value of property?
[14:30.000 --> 14:33.000]  Or have you fallen for one of these predatory loans?
[14:33.000 --> 14:40.000]  Or they convinced you to do the one thing people had always been forbidden to do that was absolutely taboo?
[14:40.000 --> 14:43.000]  To speculate with your home.
[14:43.000 --> 14:46.000]  So now you speculated with your home.
[14:46.000 --> 14:52.000]  You're in a home that you had a property that you were paying for building equity in.
[14:52.000 --> 14:58.000]  These guys come along and convinced you that, man, the prices are going up super fast.
[14:58.000 --> 15:03.000]  You could make a fortune if you get out of this ratty old house you're in and buy this real expensive one.
[15:03.000 --> 15:13.000]  Oh, you probably don't like you can afford it, but in two or three years, prices go up so much that you can get lots of equity out of it.
[15:13.000 --> 15:16.000]  You can make a fortune.
[15:16.000 --> 15:20.000]  And they talked millions of people into this nonsense.
[15:20.000 --> 15:32.000]  Then when the bubble that they very consciously and deliberately created burst, now you have these people with homes that they're upside down on.
[15:32.000 --> 15:35.000]  So you have to make a determination.
[15:35.000 --> 15:47.000]  If you're upside down on the home, if you paid more for it than it was worth and now the property is returned to a more correct value,
[15:47.000 --> 15:52.000]  but you owe half again what it's worth, do you want to keep it?
[15:52.000 --> 16:00.000]  Sometimes it's you're just as well off to walk away or to try to do a short sale.
[16:00.000 --> 16:09.000]  But then the bank doesn't have much incentive to do a short sale with you because you can't get enough out of it to make a difference.
[16:09.000 --> 16:14.000]  They'd rather foreclose on it and collect on the private mortgage insurance.
[16:14.000 --> 16:18.000]  That's kind of their plan in the first place.
[16:18.000 --> 16:30.000]  So if you're going to get them to make you a deal and help you prosecute a short sale, you're going to have to gain some leverage.
[16:30.000 --> 16:33.000]  The only way I know to gain leverage is to sue them.
[16:33.000 --> 16:44.000]  So if you're willing to sue the bank, you might get a deal out of them, get a short sale, be able to come out, not losing too much and maybe save you credit.
[16:44.000 --> 16:50.000]  And when I come back, I'll talk about some more options. There are a number of options that you have and a lot of things you can do.
[16:50.000 --> 16:57.000]  This is Ray Dekelton, Steve Kiddmore, We Love Our Radio. Our call is number 512-646-1984.
[16:57.000 --> 17:00.000]  Give us a call, we'll be right back.
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[19:01.000 --> 19:11.000]  You are listening to the Logos Radio Network, the LogosRadioNetwork.com.
[19:31.000 --> 19:58.000]  Okay, we are back. Randy Kelton, Steve Skidmore, Rule of Law Radio.
[19:58.000 --> 20:03.000]  And I will pick this up on the foreclosure issue in a bit.
[20:03.000 --> 20:13.000]  We have Mike on, and Mike has been struggling with the local yokels for quite a while now.
[20:13.000 --> 20:19.000]  And he's finally getting before the Supreme. This is Mike Handel.
[20:19.000 --> 20:32.000]  He got a Class C misdemeanor ticket at Bergstrom Airport for a water bottle that he had when he went through the scanners and stuff.
[20:32.000 --> 20:54.000]  They wrote him a citation. He fought them in the municipal court, and then the county court arrested him improperly for apparent retaliation for him taking on their beloved buddy public officials.
[20:54.000 --> 21:02.000]  And he fought them, and they filed criminal charges against him. He beat those. He's filed criminal charges back. They've ignored him.
[21:02.000 --> 21:12.000]  He's filed suit against both the state of the Travis County and Austin City, Boston.
[21:12.000 --> 21:20.000]  He's been in front of the federal court, in front of the Court of Appeals. Now he's going to the Supreme.
[21:20.000 --> 21:31.000]  Mike? Yes. Hey, Randy. Hey, Mike. So far, so good. Will you tell us what is going on at the moment?
[21:31.000 --> 21:44.000]  Well, I got some interesting news this week. I guess I initially thought, because in every other instance, generating a case number meant that you were on the docket.
[21:44.000 --> 21:55.000]  And so that is true. Generating case number does docket it. But that's not, in the instance of the Supreme Court, that doesn't mean you're accepted for a certiorari yet.
[21:55.000 --> 22:02.000]  What it does mean, I believe, is that I've got past the clerk's office. The clerk has passed me on.
[22:02.000 --> 22:15.000]  And now my certiorari will go for review. And they'll be reviewed by the justices, and I'll make a determination if they want to hear my case.
[22:15.000 --> 22:30.000]  Yes. And as I understand, if any one of the justices picks it up, then they accept it. It just takes one of them.
[22:30.000 --> 22:39.000]  And right now, the other side, once it's docketed, has 30 days to file a response brief.
[22:39.000 --> 22:47.000]  That's correct. They have until April 21st. And they haven't filed, I think, much, if anything, all the way through.
[22:47.000 --> 23:01.000]  They did file one docket, a document, but they didn't serve me. And the federal court declared that they did serve me. And then even though I put in,
[23:01.000 --> 23:07.000]  the record doesn't reflect any proof of service, they never offered it. They can't.
[23:07.000 --> 23:15.000]  So it will be interesting to see what the city does if they file anything. The Supreme Court sent them a waiver.
[23:15.000 --> 23:21.000]  They're supposed to at least just sell out a waiver if they're going to even file a response to my certiorari.
[23:21.000 --> 23:28.000]  But time will tell. I guess we'll have to wait until the 21st to find out what they're going to do.
[23:28.000 --> 23:36.000]  If they do, then I intend to file a reply or response reply brief. So I'll put that in.
[23:36.000 --> 23:45.000]  So I guess the justices are about to go on vacation, and they go on vacation for four months.
[23:45.000 --> 23:50.000]  So there's about a two-month window where they could review it, but it's unlikely.
[23:50.000 --> 24:13.000]  They typically break the case numbers up one through 4,000, or one through 4,099 for cases that are paid. For informal papyrus, it's 5,000 to 9,999.
[24:13.000 --> 24:30.000]  So I'm in the informal papyrus category. So they know just by the docket number, if there was informal papyrus, it was paid for.
[24:30.000 --> 24:46.000]  That actually may give some interest that someone who could not afford counsel actually got a petition before them.
[24:46.000 --> 24:57.000]  I know they can be interesting. I was at the Court of Criminal Appeals looking at petitions for, I mean, looking at rifts of habeas corpus.
[24:57.000 --> 25:09.000]  And I asked for all of the rifts that had been filed in the last six months, and he brought me out a roll of toilet paper.
[25:09.000 --> 25:26.000]  It was absolutely incredible. This guy wrote a habeas corpus on a roll of toilet paper and never tore a page.
[25:26.000 --> 25:42.000]  I have no idea how he got that done. It was absolutely intriguing. You had to appreciate the tenacity of the guy.
[25:42.000 --> 25:50.000]  So it might get your attention when you do your next brief if you do it on a roll of toilet paper.
[25:50.000 --> 25:58.000]  I was actually thinking about doing it all handwritten. I was going to send it in that way. I was actually contemplating that.
[25:58.000 --> 26:05.000]  But you can, if you are a prisoner, then you can submit only one brief.
[26:05.000 --> 26:13.000]  But if you're not incarcerated, then you do have to submit at least ten to the Supreme Court.
[26:13.000 --> 26:16.000]  That would get tough writing up all of those.
[26:16.000 --> 26:25.000]  That would be tough. But I suppose you could do one handwritten, that would be your original, and then make copies thereof.
[26:25.000 --> 26:31.000]  It changed the rule and made it harder for inmates.
[26:31.000 --> 26:38.000]  And that's probably why they probably got a lot of handwritten ones from inmates.
[26:38.000 --> 26:48.000]  They're probably getting tired of that because people in jail don't have anything else to do. So they're writing up habeas corpuses and sociories and all kinds of things.
[26:48.000 --> 26:55.000]  But kind of walk through some of the claims that you have.
[26:55.000 --> 27:06.000]  When you look at the claims, it's kind of incredible that the other side hasn't responded to.
[27:06.000 --> 27:12.000]  So I'm not a little unclear on what you don't need to elaborate upon.
[27:12.000 --> 27:25.000]  Well, primarily what's happened after, once you filed suit against them, not the prosecution before that, you pretty well beat both of those.
[27:25.000 --> 27:35.000]  In the Class C misdemeanor, they found him guilty and the jury charged him a dollar.
[27:35.000 --> 27:38.000]  Isn't that the one going before the Supreme now?
[27:38.000 --> 27:40.000]  That's correct.
[27:40.000 --> 27:50.000]  So he was found guilty and charged a dollar, and that case is going before the Supreme.
[27:50.000 --> 27:56.000]  That is absolutely wonderful.
[27:56.000 --> 28:02.000]  Well, I don't think that that is part of it that is really going to catch your attention.
[28:02.000 --> 28:15.000]  I think it's all the response that the city created to that $1 fine that really I think is going to aggravate them.
[28:15.000 --> 28:30.000]  That they converted my appellate bond into payment of fine and court costs, that all the judges along the way just conspired to not just reverse it,
[28:30.000 --> 28:33.000]  which is what they have to do.
[28:33.000 --> 28:43.000]  The Charter says it has to come back to the city of Austin for trial de novo, and every one of the justices in Texas just ruled against me,
[28:43.000 --> 28:47.000]  and the city never had to file one piece of paper opposing.
[28:47.000 --> 28:56.000]  They were able to convert my money and take it, which would be theft, and probably racketeering, RICO.
[28:56.000 --> 29:07.000]  But even prior to that, there was just a lot of witness tampering that went on to a very great extent, and all for what?
[29:07.000 --> 29:17.000]  A classy misdemeanor that they ultimately had a very weak case in, that they denied me just about every bit of audio and video evidence
[29:17.000 --> 29:21.000]  that they had in their possession, their custody.
[29:21.000 --> 29:29.000]  I mean, they had to do so many things that were illegal just to get that $1 fine, and then after that, they just never gave up.
[29:29.000 --> 29:33.000]  They just kept fighting all the way through.
[29:33.000 --> 29:40.000]  It's really what they did I think that's going to probably catch the interest of the Supreme Court.
[29:40.000 --> 29:43.000]  I certainly hope it does.
[29:43.000 --> 29:45.000]  Okay, hang on, we're about to go to break.
[29:45.000 --> 29:52.000]  This is Randy Kelton, Steve Skidmore, Wheelbarrow Radio, we're talking to Mike in Texas.
[29:52.000 --> 29:58.000]  We'll pick this up on the other side, give us a call, 512-646-1984.
[29:58.000 --> 30:03.000]  We'll be right back.
[30:03.000 --> 30:10.000]  Children conceived through fertility treatments are more likely to suffer serious birth defects than babies conceived naturally.
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[31:31.000 --> 31:37.000]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[31:37.000 --> 31:39.000]  The government says that fire brought it down.
[31:39.000 --> 31:44.000]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[31:44.000 --> 31:47.000]  Over 6,000 of my fellow service members have given their lives.
[31:47.000 --> 31:49.000]  But thousands of my fellow first responders are dying.
[31:49.000 --> 31:51.000]  I'm not a conspiracy theorist.
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[33:02.000 --> 33:15.000]  You're listening to the Logos Radio Network at logosradionetwork.com.
[33:15.000 --> 33:26.000]  Yeah, I got a warrant, and I'm going to solve them, to the head government them, prosecute them.
[33:26.000 --> 33:33.000]  Okay.
[33:33.000 --> 33:52.000]  Okay, we are back.
[33:52.000 --> 33:57.000]  Steve Skidmore and we're talking to Mike in Texas.
[33:57.000 --> 34:21.000]  Okay, Mike, so how much did you put anything in your suit to recover funds that these public officials extended, taxpayer funds that they extended on this frivolous actions?
[34:21.000 --> 34:33.000]  I didn't have any solid numbers on that, so I didn't quote anything in terms of what the amount of money they had spent to prosecute this,
[34:33.000 --> 34:38.000]  but I did note that they did convert the funds.
[34:38.000 --> 34:43.000]  I did note that post-conviction, they changed the charges.
[34:43.000 --> 34:51.000]  They changed it from, I mean, it's been changed several times with post-conviction, it's been changed to interference with public duty,
[34:51.000 --> 35:00.000]  which is a Texas penal code violation now, not a city violation, and it's now Class B misdemeanor,
[35:00.000 --> 35:10.000]  which is interesting that they did that because the city then, you know, doesn't have any grounds to see the Class B misdemeanor,
[35:10.000 --> 35:21.000]  and it's not just final offense, but they did that post-conviction to, you know, further harm my reputation.
[35:21.000 --> 35:29.000]  So, challenge to subject matter jurisdiction can be found at any time, no matter how remote in history.
[35:29.000 --> 35:39.000]  You thought you were being prosecuted for a Class C misdemeanor when, in fact, you were being prosecuted for something else without being notified of that.
[35:39.000 --> 35:43.000]  That's correct, and not in the proper venue. It should have been in the county court.
[35:43.000 --> 35:47.000]  Yeah, so now go back and file a challenge to subject matter jurisdiction,
[35:47.000 --> 35:54.000]  and you can definitely sue the judge when he acts without subject matter jurisdiction.
[35:54.000 --> 35:58.000]  So, if they want to change it, wonderful.
[35:58.000 --> 36:02.000]  Oh, yeah. I mean, it's proof, it's just sitting right there.
[36:02.000 --> 36:07.000]  It's interesting that the Supreme Court recharacterized the style of the case.
[36:07.000 --> 36:16.000]  It's not Pont and Statman, but they just relabeled it Pont et al.,
[36:16.000 --> 36:24.000]  which to some degree benefits me because I was nervous on using the et al.
[36:24.000 --> 36:29.000]  Because I didn't know how I would be able to...
[36:29.000 --> 36:34.000]  Hold on just a second. For those who don't know, et al. means and others.
[36:34.000 --> 36:40.000]  So, if you've got a whole list of people, you don't have to name them all.
[36:40.000 --> 36:52.000]  There was a class action suit filed by some lawyer in the foreclosure issue, and he had 800 plaintiffs, and he named all 800.
[36:52.000 --> 36:59.000]  He had 1,300 defendants, and he named all 1,300 defendants.
[36:59.000 --> 37:09.000]  The suit was about 10 or 15 pages, but with all of these plaintiffs and defendants' names, it was 360 pages.
[37:09.000 --> 37:16.000]  If I was the judge, I'd choke those guys.
[37:16.000 --> 37:20.000]  Go ahead. They changed it to...
[37:20.000 --> 37:23.000]  How many defendants did you have in that thing?
[37:23.000 --> 37:27.000]  Well, ultimately, there's going to be at least 20.
[37:27.000 --> 37:32.000]  That's probably why they did that. They wanted a case.
[37:32.000 --> 37:37.000]  They don't want a case that if you handle versus 20 people.
[37:37.000 --> 37:44.000]  Oh, yeah. It's actually somewhere between 20 and 60 people, all depending on how they want to break it up.
[37:44.000 --> 37:53.000]  It did extensively link this case to the county case, and that's sitting in the Fifth Circuit right now.
[37:53.000 --> 37:59.000]  That might be interesting. I don't know if that's a possibility where the Supreme could pull the case from the Fifth Circuit and say,
[37:59.000 --> 38:02.000]  we're going to hear this.
[38:02.000 --> 38:04.000]  It could join them both.
[38:04.000 --> 38:13.000]  It could join them both. Now it then expand that list easily up to 60, 80 people.
[38:13.000 --> 38:17.000]  Oh, wonderful. Okay, you're getting a lot of background noise.
[38:17.000 --> 38:23.000]  I'm trying to be... I can't control the dogs.
[38:23.000 --> 38:28.000]  I understand, but keep us up to date.
[38:28.000 --> 38:30.000]  Okay.
[38:30.000 --> 38:34.000]  I still think you may be the one to change everything.
[38:34.000 --> 38:44.000]  I do apologize. I'm getting more optimistic as time goes on. I really didn't think I would get this far.
[38:44.000 --> 38:49.000]  I suspect you have some nervous lawyers about now.
[38:49.000 --> 38:56.000]  They know the idiot crap, the idiotic crap that they have pulled,
[38:56.000 --> 39:04.000]  and now they have the Chief Justices of the Federal Supreme looking at their behavior.
[39:04.000 --> 39:15.000]  I've well documented this case. There's 1,500 pages just of Sidney Boston alone sitting on the shelf.
[39:15.000 --> 39:18.000]  They have got to be worried right now.
[39:18.000 --> 39:33.000]  These guys are all dangling by their bar cards, and there's just something about it when the very last one you expect is the one that comes after you.
[39:33.000 --> 39:39.000]  And nothing they could do could shake him off.
[39:39.000 --> 39:48.000]  And they pulled out all the stops, and they still couldn't shake him off.
[39:48.000 --> 39:51.000]  I'm real proud of you, Mike.
[39:51.000 --> 39:52.000]  Okay.
[39:52.000 --> 39:53.000]  Thank you very much.
[39:53.000 --> 39:59.000]  Thank you for calling in and keep us up to date. We're going to move ahead.
[39:59.000 --> 40:04.000]  I couldn't be more proud of you, Mike.
[40:04.000 --> 40:08.000]  Okay, we're going to go to John in New Jersey.
[40:08.000 --> 40:09.000]  Hello, John.
[40:09.000 --> 40:12.000]  How are you doing, Randy? How are you doing, Steve?
[40:12.000 --> 40:14.000]  Good. John, how are you tonight?
[40:14.000 --> 40:17.000]  Well, I got a Dear John letter that says,
[40:17.000 --> 40:30.000]  Judge Souter has issued a motion to set aside the default in this case. The judge ruled the consent order strike, and the answer was valid, and there was no legal basis to set it aside.
[40:30.000 --> 40:36.000]  Okay, back up, back up. Give us some referential index.
[40:36.000 --> 40:51.000]  I'll give you some a little bit. Well, I had my original lawyer, who I paid a lot of money to sign the consent order without really explaining it to me. I was away working, and he called my wife and told her he could delay her foreclosure for six months.
[40:51.000 --> 40:59.000]  So she said, okay, but we didn't understand that. He signed us into a default.
[40:59.000 --> 41:06.000]  Okay, so then your lawyer backpedaled and put you in something other than what you had agreed to?
[41:06.000 --> 41:17.000]  Absolutely. I paid $3,000 down and $1,000 a month, not for him to put me not to litigate and let us go into default and sign a consent order.
[41:17.000 --> 41:25.000]  But moving forward, I got back. Next thing I got a notice of default. Well, he wasn't working for me because I let him go.
[41:25.000 --> 41:34.000]  So I disputed the letter of default. I said, you know, I disputed. I don't owe Carrington Mortgage this money. There's no record at the county courthouse.
[41:34.000 --> 41:45.000]  Fremont is my lender record, you know, Dutch Bank. I asked them, you know, so and then I got a letter back saying a consent order. I didn't know what a consent order meant at the time.
[41:45.000 --> 41:55.000]  So it ended. So then I came to your show and I started talking to you guys and you said, well, you know, if they're going to a county courthouse to look at the records, and that's why I started doing that stuff.
[41:55.000 --> 42:10.000]  And I only had 10 days. So I hired another lawyer. He wrote a, you know, tried to deny the motion, which wasn't really great after I read it and listened to you guys. It was really weak because he never—
[42:10.000 --> 42:23.000]  Well, their first rattle out of the box is answer that thing. And usually any answer will do, even if it's just a general, a one line, we generally deny everything. That's an answer.
[42:23.000 --> 42:25.000]  Yeah, he put like, you know—
[42:25.000 --> 42:31.000]  And just for the record, it has to be a little more specific than these guys are full of crap.
[42:31.000 --> 42:33.000]  Yes.
[42:33.000 --> 42:48.000]  No, I mean, in New Jersey, like rule 46.1B, they have to have, you know, perfection of chain of title. And he put that, you know, there were some certain people named in chain of titles, like sandwich accepted court that was in a PSA full sort of agreement.
[42:48.000 --> 43:01.000]  They weren't named in a title, stuff like that, that they held my mortgage at the time. But he never put in, like last week's show really talked about, he never went down to the county courthouse, which I did when you guys told me to.
[43:01.000 --> 43:12.000]  I'm the one that told him, listen, there's no nexus between Fremont and Carrington Mortgage Services Company. They were never recorded at the county courthouse.
[43:12.000 --> 43:34.000]  Fremont went bankrupt in 2007. The trust closed in 2005. But there was never no recording of, you know, the assignments down at the county courthouse. Now in 2011, they come back with a backdated assignment that was, you know, robo-assigned. But as Steve would say, forgery, I would say, because it's forged.
[43:34.000 --> 43:35.000]  There you go.
[43:35.000 --> 44:02.000]  That should get a charge of forgery. Hang on. We're about to go to break. This is Randy Kelton, Steve Kiddmore. We'll be on our radio. Our call in number 512-646-1984. We'll have the phones open all night. We've got a couple of callers on the board already. So give us a call. Get in line. We'll be right back.
[44:02.000 --> 44:18.000]  Hello. My name is Stuart Smith from naturespureorganics.com and I would like to invite you to come buy our store at 1904 Guadalupe Street, Sweet D here in Austin, Texas. I'm Brave New Books and Jay Payne to see all our fantastic health and wellness products with your very own eyes.
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[46:43.000 --> 47:04.240]  Okay, we are back. Randy Kelton, Steve Skidmore, we have our radio and we're talking to John
[47:04.240 --> 47:10.640]  in New Jersey. Okay, I'm trying to get you unmuted. There you go, John.
[47:10.640 --> 47:11.640]  How you doing?
[47:11.640 --> 47:20.200]  So where were we? We were saying on the break, if you had to hire a second attorney to do
[47:20.200 --> 47:28.480]  what the first attorney didn't do, you know, as lawyers go, they go to law school and they
[47:28.480 --> 47:33.480]  learn all this cool stuff about how to argue issues. They don't learn squat about how to
[47:33.480 --> 47:39.960]  develop the issues. However, when they come out of law school and they get that little
[47:39.960 --> 47:47.280]  bar card, they can't miss something. They don't know squat, but now they're learning
[47:47.280 --> 47:53.440]  counsel anyway. And as learning counsel about the worst thing the lawyer can do is miss
[47:53.440 --> 48:01.960]  an issue. And for the most part, they miss issues and the clients don't know. But in
[48:01.960 --> 48:07.680]  this case, you knew, you should sue that lawyer.
[48:07.680 --> 48:14.200]  Right. Well, this is now, so now I'm going to have a default judgment and a motion of
[48:14.200 --> 48:19.320]  summary judgment against me coming in. So what are my options? Can I file a quiet title
[48:19.320 --> 48:21.720]  against them or wrongful foreclosure?
[48:21.720 --> 48:29.880]  No, what I suggest, it depends on what you found in the county record. If you found no
[48:29.880 --> 48:42.160]  nexus to the claimant. And let me explain for everybody else how this works. Texas has
[48:42.160 --> 48:52.400]  a statute in the property code 13.001. And this statute has to be reflected in every
[48:52.400 --> 49:00.720]  state. Otherwise, there is no reason to have a county registrar. And what it says is, I'm
[49:00.720 --> 49:06.120]  going to paraphrase because it's a little bit long, anybody who has a claim against
[49:06.120 --> 49:14.720]  real property, if that claim has not been acknowledged or proven and properly filed
[49:14.720 --> 49:25.480]  in the county record, the claim is void as to the holder. And that's because if, say,
[49:25.480 --> 49:29.320]  John comes to me and wants me to do some work on his house, but he can't pay me all of it
[49:29.320 --> 49:33.520]  right away, he wants to pay it out. And I say, okay, I can do that. But I want to take
[49:33.520 --> 49:39.800]  a mechanic's lien on your property or material man's lien. Mechanic's lien is for labor,
[49:39.800 --> 49:44.520]  material man's lien is for materials that are put in the property. So sure, but I want
[49:44.520 --> 49:49.920]  to take a lien. So the first thing I'm going to do is I want to go down and see what claims
[49:49.920 --> 49:57.520]  already exist against the property. I did this to a friend of mine's here in the void
[49:57.520 --> 50:05.360]  area. I went down and looked in the record, did a search on his name, found nothing. So
[50:05.360 --> 50:10.580]  I took a mechanic's lien against the property. And then JP Morgan Chase come back later to
[50:10.580 --> 50:15.840]  foreclose. And I went to court and said, hey, whoa, hold on here.
[50:15.840 --> 50:22.360]  I went down and checked the record and I found no lien properly filed in the record. And
[50:22.360 --> 50:28.880]  I have a right to trust what I see in that record. The United States became the most
[50:28.880 --> 50:38.380]  powerful economic engine on the planet and to a large degree because foreign individuals
[50:38.380 --> 50:45.320]  or companies or corporations could come to the United States, invest in property and
[50:45.320 --> 50:51.360]  not have to worry about the government just coming in and taking their property away from
[50:51.360 --> 50:58.560]  them or somebody coming along with a hidden claim and take their property later.
[50:58.560 --> 51:04.600]  They could look in the record and trust what they saw. Every state is going to have to
[51:04.600 --> 51:10.280]  have that. So if you look in the record and I'm sure this is what happened in John's case,
[51:10.280 --> 51:18.800]  he had a lender here that he got a loan with. The lender went out of business, but didn't
[51:18.800 --> 51:25.880]  transfer the lender's claim, the mortgage to another party before the company went out
[51:25.880 --> 51:35.160]  of business, fully abandoned it. Somebody else came along later and claimed to have
[51:35.160 --> 51:36.160]  picked it up.
[51:36.160 --> 51:45.000]  I said, well, the problem is like in Texas, we have Texas government code 51901C. And
[51:45.000 --> 51:54.800]  what 901 says that any document filed in the public record by someone who is not named
[51:54.800 --> 52:02.720]  in the record as having authority to make the filing, the filing is presumed to be fraudulent.
[52:02.720 --> 52:10.800]  And it goes back to 1301. If you haven't properly filed your claim, there's a void
[52:10.800 --> 52:19.640]  is to the holder. So you got to get it filed. Now, you may actually have a claim against
[52:19.640 --> 52:26.960]  the property. But if it hasn't been properly filed, you can't address it.
[52:26.960 --> 52:38.560]  So what this goes to, John, is the lender lacks standing and legal capacity to invoke
[52:38.560 --> 52:44.320]  the subject matter jurisdiction of the courts. We've been screwing up by going to the judge
[52:44.320 --> 52:51.920]  and saying, hey, this guy doesn't have agency standing or capacity. And then the judge exercises
[52:51.920 --> 53:02.080]  his discretion and says, yeah, he does. Wrong strategy. We should go in and say, this party
[53:02.080 --> 53:09.800]  never had the standing or legal capacity to invoke the subject matter jurisdiction of
[53:09.800 --> 53:16.200]  this court. Therefore, this court does not have subject matter jurisdiction.
[53:16.200 --> 53:24.280]  What that does, the filing of a challenge to subject matter jurisdiction denies jurisdiction
[53:24.280 --> 53:31.960]  to the court. When it's filed, the court loses jurisdiction until the court proves up its
[53:31.960 --> 53:39.880]  jurisdiction. I helped a client a few years ago, it was sued in a credit card company
[53:39.880 --> 53:45.960]  and had him come back and sue the judge. And the judge came into court and the client said,
[53:45.960 --> 53:52.920]  well, your honor, you can't be here. I've sued you. And he said, what, what? And he
[53:52.920 --> 53:58.800]  wouldn't get the paperwork. And he was reading it and said, oh my. And he said, well, Mr.
[53:58.800 --> 54:04.520]  Edelman, it's not my place to determine subject matter jurisdiction. You have to do that.
[54:04.520 --> 54:11.360]  I said, he said, with all due respect, your honor, before you see me this subpoena telling
[54:11.360 --> 54:15.680]  me that I better come down to your court and you're going to do all these rotten awful
[54:15.680 --> 54:21.760]  things to me, you need to make sure you have the authority to do that.
[54:21.760 --> 54:29.920]  And the judge walked out saying, oh my, oh my. And he got the county attorney to write
[54:29.920 --> 54:39.080]  his answer. So he sued the county attorney. When you sue for challenge to subject matter
[54:39.080 --> 54:45.200]  jurisdiction, that's a personal suit. That's not an official capacity to suit. Whole point
[54:45.200 --> 54:49.280]  of the suit, whole point of subject matter jurisdiction is to say, you don't have any
[54:49.280 --> 54:52.320]  official capacity. Does that make sense, John?
[54:52.320 --> 54:57.120]  Yes, it does. I brought up to my lawyer and he said I was nuts, but I want him to hear
[54:57.120 --> 55:00.720]  this because I'm going to bring the podcast and make him listen to this. This is why I'm
[55:00.720 --> 55:07.200]  on the show tonight because like I said, a lot of them, I can't, I don't understand
[55:07.200 --> 55:11.520]  how they can be lawyers. I mean, foreclosure specialist when the basic, the simplest, basically
[55:11.520 --> 55:15.600]  the first thing you see told me is go down to the county records and see if there was
[55:15.600 --> 55:20.320]  a divorce assignment. And like you said, that's an underbelly. That's a fact, indisputable
[55:20.320 --> 55:23.680]  fact. If it's not recorded, that's something that they can't change.
[55:23.680 --> 55:33.720]  I started out this show talking about the basics and that was the first place I was
[55:33.720 --> 55:41.480]  going to go. You don't know what is going on. You don't know what kind of situation
[55:41.480 --> 55:47.080]  you're involved in until you see those. I talked to somebody just before the show and
[55:47.080 --> 55:54.040]  they sent me just one document and I called them up and I said, I can't do anything until
[55:54.040 --> 56:00.880]  I see what's in the county record. I have no idea what's going on with the case until
[56:00.880 --> 56:11.160]  I see the record because the only claims anyone can adjudicate are in that record. If they're
[56:11.160 --> 56:18.680]  not in that record, the judge can't see it. I stood in front of a JP judge and they had
[56:18.680 --> 56:26.160]  a substitute trustee's deed and I said, your honor, that substitute trustee's deed shows
[56:26.160 --> 56:34.880]  on the top that it was electronically filed and under 15 US code 7003 and Texas government
[56:34.880 --> 56:45.520]  code 3003, these particular documents are forbidden to be filed electronically. Therefore,
[56:45.520 --> 56:56.360]  you cannot see that document. That was great fun. He pretended he could see it, rendered
[56:56.360 --> 57:00.880]  a ruling. Now I'm trying to get him arrested for first degree felony aggravated assault.
[57:00.880 --> 57:07.560]  You want to play hardball? We'll see if we can introduce him to the deep end of the pool.
[57:07.560 --> 57:14.960]  Subject matter jurisdiction is a big deal. What are you going to do now?
[57:14.960 --> 57:21.760]  Well, I'm going to speak my word, but now is that going to be our appeal?
[57:21.760 --> 57:30.160]  No, this is subject matter jurisdiction. Subject matter jurisdiction can be challenged at any
[57:30.160 --> 57:39.680]  time. This is totally separate from the appeal. What this will say is hold on Mr. Appeals Court.
[57:39.680 --> 57:46.920]  You don't have subject matter jurisdiction either. If the trial court didn't have subject
[57:46.920 --> 57:54.320]  matter jurisdiction, the trial court can't transfer jurisdiction to you. You might want
[57:54.320 --> 58:04.800]  to put in on the appeal a motion for a stay or file a plea and abatement. Abate any proceedings
[58:04.800 --> 58:12.760]  until subject matter jurisdiction has been proven. That should jerk a knot in all levels.
[58:12.760 --> 58:18.240]  That sounds good. Okay. Do you have anything else for us or do
[58:18.240 --> 58:21.240]  we answer your question? No, you've answered all we've got to do.
[58:21.240 --> 58:25.840]  Thanks. I appreciate everything you guys do for me. I guess I'll be talking to you next
[58:25.840 --> 58:32.640]  week to get another question. Thank you. Okay. Good luck. Okay. This is Randy Kelton, Steve
[58:32.640 --> 58:40.240]  Skidmore. We've got a couple more callers, Danny and Carlos. We will pick you guys up
[58:40.240 --> 58:44.240]  when we get back on the other side. We're going to keep phones open all night, so give
[58:44.240 --> 58:52.760]  us a call, 512-646-1984. We'll be right there. Would you like to make more definite progress
[58:52.760 --> 58:58.720]  in your walk with God? Bibles for America is offering a free study Bible and a set of
[58:58.720 --> 59:03.120]  free Christian books that can really help. The New Testament Recovery Version is one
[59:03.120 --> 59:08.120]  of the most comprehensive study Bibles available today. It's an accurate translation and it
[59:08.120 --> 59:12.520]  contains thousands of footnotes that will help you to know God and to know the meaning
[59:12.520 --> 59:17.800]  of life. The free books are a three-volume set called Basic Elements of the Christian
[59:17.800 --> 59:22.880]  Life. Chapter by chapter, Basic Elements of the Christian Life clearly presents God's
[59:22.880 --> 59:28.720]  plan of salvation, growing in Christ, and how to build up the church. To order your
[59:28.720 --> 59:34.840]  free New Testament Recovery Version and Basic Elements of the Christian Life, call Bibles
[59:34.840 --> 01:00:03.800]  for America toll free at 888-551-0102. That's 888-551-0102. Or visit us online at bfa.org.
[01:00:03.800 --> 01:00:07.900]  You're listening to the Liberty Beat, your daily source for Liberty news and activist
[01:00:07.900 --> 01:00:18.760]  updates online at thelibertybeat.com. This is Justin Armand. And this is Jessica Armand.
[01:00:18.760 --> 01:00:25.640]  Here with your Liberty Beat for April 3rd, 2014. Gold opened today at $1,285. Silver
[01:00:25.640 --> 01:00:32.440]  at $19.82 and Bitcoin is trading at $432. Support for the Liberty Beat comes from Bitmain
[01:00:32.440 --> 01:00:39.080]  Technology, creators of the Antminer S1 180 Giga Hash Bitcoin Miner. No pre-order, ships
[01:00:39.080 --> 01:00:45.120]  on time, and sometimes it's early. Buy yours today at bitmaintech.com. And from Affordable
[01:00:45.120 --> 01:00:50.640]  Sound, CD and DVD duplication, along with posters and promotional material, online at
[01:00:50.640 --> 01:00:58.400]  affordablesound.com. Or give them a call at 512-459-5253. And from Sovereign BTC, media,
[01:00:58.400 --> 01:01:05.720]  marketing and consulting for the Bitcoin ecosystem, online at sovereignbtc.com. And now the news.
[01:01:05.720 --> 01:01:10.200]  More than a year after his brother was killed in a drone strike by the United States, Mohamed
[01:01:10.200 --> 01:01:14.760]  al-Khali is launching an organization that will help remember civilians killed by the
[01:01:14.760 --> 01:01:19.560]  attacks. The National Organization for Drone Victims aims to give the people of Yemen
[01:01:19.560 --> 01:01:23.880]  a voice. During the organization's launch event, family members of the strikes were
[01:01:23.880 --> 01:01:29.320]  presented with personal items of the deceased. Al-Khali stated, this event is an opportunity
[01:01:29.320 --> 01:01:34.720]  to bring ordinary people together, to stand shoulder to shoulder, to send a peaceful message
[01:01:34.720 --> 01:01:40.400]  to the U.S. and Yemeni administrations. Al-Khali is currently an advisor to the Ministry of
[01:01:40.400 --> 01:01:47.360]  Education in Yemen. Google is asking the Supreme Court to decide whether the company's vehicles
[01:01:47.360 --> 01:01:53.080]  violated the Wiretap Act by collecting Internet data from thousands of unprotected routers
[01:01:53.080 --> 01:01:59.240]  between 2008 and 2010. The company's Street View program sends out vehicles that snaps
[01:01:59.240 --> 01:02:05.160]  photos and records addresses while driving. In September 2013, the U.S. Ninth Circuit
[01:02:05.160 --> 01:02:10.600]  Court of Appeals said that Google may have violated the Wiretap Act by capturing unprotected
[01:02:10.600 --> 01:02:15.160]  Internet data while the vehicles traveled from street to street. Google claims that
[01:02:15.160 --> 01:02:20.840]  collecting unprotected data through Wi-Fi is protected under the Wiretap Act, which
[01:02:20.840 --> 01:02:25.560]  makes an exception for electronic communication that is readily accessible to the general
[01:02:25.560 --> 01:02:30.480]  public. A new study published in the Journal of Psychopharmacology suggests that treating
[01:02:30.480 --> 01:02:35.600]  major depressive disorders with ketamine may be helpful in the short term. Researchers
[01:02:35.600 --> 01:02:41.780]  at Oxford University gave 28 people an anesthetic and found that formerly suicidal patients
[01:02:41.780 --> 01:02:48.080]  expressed positive changes, with 29% of patients seeing a reduction in signs of depression.
[01:02:48.080 --> 01:02:51.880]  Some patients said they felt able to think clearly for the first time in years, while
[01:02:51.880 --> 01:02:56.800]  formerly suicidal patients felt a new sense of hope. You've been listening to the Liberty
[01:02:56.800 --> 01:03:20.240]  Beat. Remember, freeing your mind is freeing our world.
[01:03:20.240 --> 01:03:43.680]  Okay, we are back. Ray D'Kelton, Steve Skidmore, Louie Valreo, and we're going to go to Danny
[01:03:43.680 --> 01:03:53.960]  in Texas. Hello, Danny. I think he's in Tennessee right now. Up in Tennessee. He's moved from
[01:03:53.960 --> 01:04:05.400]  Redneck to Hillbilly. I've got a few things that seem peculiar to me, and the things about
[01:04:05.400 --> 01:04:14.280]  robo-signing. Now, where is that considered a problem in the process? Well, the person
[01:04:14.280 --> 01:04:21.600]  who did the signing would have had to have had power of attorney for the company for
[01:04:21.600 --> 01:04:34.440]  whom they signed. One of the things we have clients do is everyone who has signed a document,
[01:04:34.440 --> 01:04:40.960]  you send the company for whom they signed a letter telling them that you have a document
[01:04:40.960 --> 01:04:47.560]  where this person has signed as an agent for your company. Will you please provide us with
[01:04:47.560 --> 01:04:58.400]  evidence of power of attorney for this individual? They never answer that. Now you go to the
[01:04:58.400 --> 01:05:05.600]  court and say, we have prima facie evidence to indicate that this person does not have
[01:05:05.600 --> 01:05:12.480]  power of attorney to sign for this company. That makes him a robo-signer. If you go in
[01:05:12.480 --> 01:05:18.600]  and say they're just a robo-signer, the judge is going to say, so what? How are you harmed
[01:05:18.600 --> 01:05:25.960]  by that? We go in and say that this is a fraudulent document because the person who signed it
[01:05:25.960 --> 01:05:35.320]  didn't have the agency to act as an agent for the principal. So he has the company and
[01:05:35.320 --> 01:05:42.280]  not the signer to provide that? Not the signer, yeah. It is the company from whom they would
[01:05:42.280 --> 01:05:50.960]  have had to have received power of attorney. Okay, what if the company has different branches,
[01:05:50.960 --> 01:05:57.680]  the signing appears to have been done out of one branch rather than the corporate offices,
[01:05:57.680 --> 01:06:05.440]  but the original, well in this case, the original deed of trust being transferred and the original
[01:06:05.440 --> 01:06:12.440]  company address that's listed in the deed of trust is in New Jersey while the branch
[01:06:12.440 --> 01:06:20.960]  office where the address is given for the signer's address is down in Texas. So would
[01:06:20.960 --> 01:06:28.720]  contact the one in New Jersey, the address that's in the deed of trust? Yeah, they're
[01:06:28.720 --> 01:06:35.760]  not likely to know who this person is, so they probably won't even respond to it. Okay,
[01:06:35.760 --> 01:06:39.960]  I thought that would be better. I think it's kind of peculiar because I got to looking
[01:06:39.960 --> 01:06:49.160]  at a number of different transfers that were done in this county and seven bordering counties
[01:06:49.160 --> 01:07:01.120]  and found seven different signers signing as an office of limited vice president and
[01:07:01.120 --> 01:07:10.560]  checking further all these current or former notaries in Texas and signing as limited vice
[01:07:10.560 --> 01:07:23.800]  president. Okay, a notary in Texas is required to keep a sequential ledger. If the notary
[01:07:23.800 --> 01:07:32.360]  is no longer a notary, they're required to submit the ledger to the county clerk. So
[01:07:32.360 --> 01:07:39.280]  if you try to, you know, we also send letters to notaries and ask them to provide evidence
[01:07:39.280 --> 01:07:44.560]  of the acknowledgement, all acknowledgments that they did for a three-day period, day
[01:07:44.560 --> 01:07:50.840]  before or day after the date on the document we're interested in. And when you don't
[01:07:50.840 --> 01:07:57.280]  get that back, then you contact the secretary of state and see if they're still a notary.
[01:07:57.280 --> 01:08:02.720]  If they're not still a notary, then you contact the clerk and ask the clerk for the sequential
[01:08:02.720 --> 01:08:06.520]  ledger and she's going to tell you she doesn't have it because they don't have any, nobody
[01:08:06.520 --> 01:08:15.120]  turns them in. Now you have evidence that the document is not properly acknowledged.
[01:08:15.120 --> 01:08:24.880]  When I quote 13.001, it says a document not properly acknowledged or proven. The acknowledgement
[01:08:24.880 --> 01:08:34.120]  goes to the notary acknowledging that the signatory on the document is the living human,
[01:08:34.120 --> 01:08:43.040]  breathing human being they claim to be because I check to make sure. If that's not done
[01:08:43.040 --> 01:08:50.880]  properly, then the document itself is insufficient for filing and the records can be ruled for
[01:08:50.880 --> 01:08:57.240]  it. Yeah. That's my story and I'm sticking to it.
[01:08:57.240 --> 01:09:03.280]  Exactly. Well, let me give you a little information here because I did some of that for the ones
[01:09:03.280 --> 01:09:13.440]  that were given the acknowledgement as notary rather than the officer signing. And one that
[01:09:13.440 --> 01:09:19.440]  I contacted, and I didn't do just a three-day period, I did a two-week period that included
[01:09:19.440 --> 01:09:27.880]  the date that I was interested in. And one wrote back and said that, you know, this would
[01:09:27.880 --> 01:09:35.120]  be like 70 pages of printout, but said she kept hers in electronic form and if I gave
[01:09:35.120 --> 01:09:40.360]  her email address, she would email it to me. So I said, oh yeah, that'd be good. So I did
[01:09:40.360 --> 01:09:47.040]  that in its Excel spreadsheet and she has, you know, it has more columns in it than a
[01:09:47.040 --> 01:09:55.680]  regular standard bound record does. And, you know, apparently they, you know, got things
[01:09:55.680 --> 01:10:00.240]  worked out for different states and different things because sometimes there's just a signer
[01:10:00.240 --> 01:10:05.800]  in the notary, sometimes there's two signers, sometimes it seems like there's three signers
[01:10:05.800 --> 01:10:11.600]  or a signer and two witnesses. Was this a Texas notary?
[01:10:11.600 --> 01:10:15.400]  Yes. Were there fingerprints?
[01:10:15.400 --> 01:10:24.520]  Well, not in what I've got. That's the thing. She said electronic and, you know, this is
[01:10:24.520 --> 01:10:37.240]  just an Excel spreadsheet with dates, addresses, names and loan numbers and...
[01:10:37.240 --> 01:10:41.360]  I would check to see if they can do that. I might talk to Ken. Let me talk to Ken to
[01:10:41.360 --> 01:10:47.000]  see if they can do that because that's a prescription for fraud.
[01:10:47.000 --> 01:10:50.360]  Yeah, well I was thinking...
[01:10:50.360 --> 01:10:58.600]  The signatory has to sign the ledger. Do they have the signatory's signature in the ledger?
[01:10:58.600 --> 01:11:05.040]  Well, not... It's just got names, you know, typed in, you know, this is...
[01:11:05.040 --> 01:11:11.280]  It's not a ledger then. They have to sign the ledger. Now, just because they put it
[01:11:11.280 --> 01:11:21.600]  in a spreadsheet, they could still put in an image of the signature. But you can object
[01:11:21.600 --> 01:11:24.160]  that that's not a proper ledger, so it's insufficient.
[01:11:24.160 --> 01:11:32.040]  Yeah, but that would slow things down. I mean, you know, 70 pages in two weeks. I forgot
[01:11:32.040 --> 01:11:37.720]  what the number is, the total number of signers, let's see.
[01:11:37.720 --> 01:11:49.120]  The real money... Okay, we had Chris was our, what you call it, our producer. And he was
[01:11:49.120 --> 01:11:55.520]  a professional notary. And he worked for a company where all he did all day was notarize
[01:11:55.520 --> 01:12:04.120]  one after the other, after the other, after the other. And you can get a lot of them.
[01:12:04.120 --> 01:12:15.520]  So you could lower the... You can lower the number you ask for, ask for one day. But accepting
[01:12:15.520 --> 01:12:25.280]  it in a format that I could sit down in no time, forge the whole thing, makes it absolutely
[01:12:25.280 --> 01:12:34.760]  worthless. Yeah. So you need one with signature on it. They can't produce one with the signature
[01:12:34.760 --> 01:12:39.520]  on it. That gives you reason to believe that the document is fraudulent.
[01:12:39.520 --> 01:12:44.280]  It's the signature that proves that somebody appeared before the notary.
[01:12:44.280 --> 01:12:51.000]  Yeah. Well, this is not, you know, my case. This is just one of the others that was in
[01:12:51.000 --> 01:12:59.920]  one of the counties. And I was just looking into all of them. But the thing that I found
[01:12:59.920 --> 01:13:07.360]  interesting, one of the columns has in this, and this is for assignment of data of trust.
[01:13:07.360 --> 01:13:14.600]  And one of the columns, the heading on it is bought by and got these initials. Well,
[01:13:14.600 --> 01:13:22.320]  the ones that I was particularly interested in, the initials fit the initials of the company
[01:13:22.320 --> 01:13:32.000]  that it said had created the transfer document and to which it was to be returned after recording.
[01:13:32.000 --> 01:13:41.800]  Now looking at, looking up its website, it looks like a document preservation and organization
[01:13:41.800 --> 01:13:48.240]  company, you know, takes the paperwork and holds it and keeps it in place. But this column
[01:13:48.240 --> 01:13:55.680]  heading saying bought by just makes me wonder what the deal is on that.
[01:13:55.680 --> 01:14:03.480]  Well, that gave me a, you know, you said something there that piqued my interest. After recording
[01:14:03.480 --> 01:14:13.280]  return to. That would make me want to ask the clerk to show me all of the documents
[01:14:13.280 --> 01:14:24.080]  she has on hand at the moment for recording. I did that in Tarrant County and she's, and
[01:14:24.080 --> 01:14:29.520]  the clerk said, well, we don't have any of the documents. Well, how do you record them?
[01:14:29.520 --> 01:14:37.040]  I said, well, we get them all in electronic format. Oh, you do. They say, yes, we do.
[01:14:37.040 --> 01:14:45.680]  And I asked, are you familiar with the 15 US code 7003 as codified into Texas law under
[01:14:45.680 --> 01:14:55.120]  Texas business, I think it's Texas business and commerce code 43.003. And she said, well,
[01:14:55.120 --> 01:15:05.280]  as well, the federal e-commerce statute, which all of the states for the most part have adopted
[01:15:05.280 --> 01:15:14.880]  in total specifically forbid the electronic filing of these particular documents.
[01:15:14.880 --> 01:15:20.240]  So if this document has been electronically filed, it doesn't meet the filing requirements
[01:15:20.240 --> 01:15:30.480]  and is therefore is void in a mill force in effect. That sounds like something fun. That
[01:15:30.480 --> 01:15:39.840]  is your elephant in the corner issue. You got this elephant over here in the corner.
[01:15:39.840 --> 01:15:47.040]  Now the last thing the court is going to want to do is give you a positive ruling on that
[01:15:47.040 --> 01:15:58.480]  issue. The problem is the statute very specifically names these documents as not being eligible
[01:15:58.480 --> 01:16:08.000]  for electronic filing and they've electronically filed all of them. So if the judge gives you
[01:16:08.000 --> 01:16:15.440]  your ruling, the judge has just invalidated everything in the clerk's county records.
[01:16:15.440 --> 01:16:23.840]  So you're not going to get that and you don't expect to. However, this is, it's not about
[01:16:23.840 --> 01:16:37.520]  laws, it's about politics. If the judge denies your petition for quiet title or your trespass
[01:16:37.520 --> 01:16:50.480]  to try title like in Texas, you can appeal that issue. And this is dead bank. So they
[01:16:50.480 --> 01:16:54.800]  can have a big problem. So they'll give you your ruling on something else so you don't
[01:16:54.800 --> 01:17:01.040]  appeal this. Hang on. Randy Kelton, Debbie Stevens, Wheeled by Radio, not devil.
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[01:19:24.400 --> 01:19:44.400]  Okay, we are back. Randy Kelton, Steve Skidmore. On the break, I had to apologize to Debra
[01:19:44.400 --> 01:19:49.400]  for speaking her name in the same sentence with Steve. I wouldn't want her to be insulted.
[01:19:49.400 --> 01:19:54.840]  I'm only saying that because Steve's away from the mic and can't hear me. We're talking
[01:19:54.840 --> 01:20:02.000]  to Danny in Tennessee. Carlos, if you're still listening, give us a call. We'll get to you
[01:20:02.000 --> 01:20:08.400]  right away. We won't make you wait all night. Okay, where were we? Danny?
[01:20:08.400 --> 01:20:15.160]  Well, I know you were talking, let's say, well, you were talking about the electronic
[01:20:15.160 --> 01:20:21.200]  filing and... Oh, yeah, I'm getting the... Yes, yes, yes, yes, electronic filing. That's
[01:20:21.200 --> 01:20:27.000]  the elephant in the corner. You know they're not going to give you that one. But when I
[01:20:27.000 --> 01:20:35.000]  put it in a document, I just make short reference to it. I reference the statute and don't make
[01:20:35.000 --> 01:20:43.200]  a big argument on that issue. Just enough to bring it in to put it... So I set the record
[01:20:43.200 --> 01:20:50.680]  for appeal and they look at that. What I think happened, what I'm almost certain happened
[01:20:50.680 --> 01:20:58.760]  at least here in Tarrant County, is that the district clerk is the one that set up the
[01:20:58.760 --> 01:21:06.320]  electronic filing. The district clerk doesn't have any documents that he handles that are
[01:21:06.320 --> 01:21:14.680]  restricted from electronic filing. And then the county clerks picked up the processes
[01:21:14.680 --> 01:21:20.280]  put in place by the district clerk and they just missed it. They're electronically filing
[01:21:20.280 --> 01:21:27.520]  these documents all over the state. And this is going to be consistent with other states
[01:21:27.520 --> 01:21:40.040]  because they all adopted the federally filing statute. 15 U.S. Code 7001 and 7003 specifically
[01:21:40.040 --> 01:21:49.920]  exempts these documents from being electronically filed. It's important that you have the original.
[01:21:49.920 --> 01:21:56.120]  And if you don't have the original, you can't file it. That's the way it's supposed to be.
[01:21:56.120 --> 01:22:01.040]  So they are not going to want to give you that one. The only way they can keep you from
[01:22:01.040 --> 01:22:08.160]  appealing that one is to give you your ruling on something else. And even if they don't
[01:22:08.160 --> 01:22:15.280]  give you your ruling, then you go to the appeals court and you appeal all of these issues,
[01:22:15.280 --> 01:22:22.280]  including that one. If the court denies all of the other issues, then they have to deny
[01:22:22.280 --> 01:22:29.880]  this one as well. Now you can appeal that one up to the higher courts. And once you
[01:22:29.880 --> 01:22:38.160]  get into the fed courts, there's a chance they may give you your ruling. And if they
[01:22:38.160 --> 01:22:48.400]  allow this to get beyond their control, they could get clobbered big time. So this is something
[01:22:48.400 --> 01:22:52.440]  to generate a little politics to get them to want to give you a ruling just to get you
[01:22:52.440 --> 01:22:58.960]  to go away. Does that make sense, Danny?
[01:22:58.960 --> 01:23:10.800]  Yeah. This is what I was telling you on this Excel spreadsheet record indicating an entity
[01:23:10.800 --> 01:23:17.360]  saying that this was sold to and what this was referring to is the transfer and assignment.
[01:23:17.360 --> 01:23:22.880]  So that brings me up the question. A while ago, you were talking about like someone had
[01:23:22.880 --> 01:23:29.680]  a claim or something against the property, but it hadn't been recorded that they couldn't
[01:23:29.680 --> 01:23:38.160]  really act on it. Well, what about the cases? What this looks to me makes me wonder what
[01:23:38.160 --> 01:23:47.760]  if an entity is named in the recorded document, but is not the owner of that instrument?
[01:23:47.760 --> 01:23:55.200]  I'm not sure what that means. Not the owner of the instrument.
[01:23:55.200 --> 01:24:02.920]  Okay. Say, okay, well, this is transfer, supposedly transfer the rights of the data trust over
[01:24:02.920 --> 01:24:08.640]  to the original lender to a new entity. And there is a-
[01:24:08.640 --> 01:24:15.400]  Yes. Okay. I think I know where you're going. The person who made the transfer had nothing
[01:24:15.400 --> 01:24:22.480]  in the record to show that they had authority to make that transfer. Is that correct?
[01:24:22.480 --> 01:24:32.240]  No. It's like, okay, you got three entities here. Got NG1 is the original one. It executes
[01:24:32.240 --> 01:24:37.080]  a transfer to NG2. But NG2 is sort of ownership.
[01:24:37.080 --> 01:24:42.880]  Hold on. Was entity one still in business when it made the transfer?
[01:24:42.880 --> 01:24:49.560]  Yes. Okay. Okay. Now we're at entity two.
[01:24:49.560 --> 01:24:59.160]  But NG2, although it's named in the transfer, is not the owner of the paper.
[01:24:59.160 --> 01:25:04.840]  What paper? What paper?
[01:25:04.840 --> 01:25:11.760]  The transfer, the assignment. No, wait a minute. This doesn't make sense.
[01:25:11.760 --> 01:25:22.600]  They don't need to own the transfer. If they are the transferee, then the property, if
[01:25:22.600 --> 01:25:29.140]  the entity who had authority to make the transfer made the transfer to this entity, who owns
[01:25:29.140 --> 01:25:36.560]  the paper? I don't know what that means. Is there a third party in here somewhere?
[01:25:36.560 --> 01:25:45.200]  Yes. That's what I'm saying. The one named in this column in the notary's record book
[01:25:45.200 --> 01:25:52.480]  that has the heading bought by. They have the initials of the entity that was named
[01:25:52.480 --> 01:25:58.880]  as having created the instrument and to which the instrument was to be returned after recording.
[01:25:58.880 --> 01:26:03.760]  Okay. Which is the third, a third entity, not the
[01:26:03.760 --> 01:26:07.240]  second entity. No, no. That's most likely a title company
[01:26:07.240 --> 01:26:13.280]  or a law firm. We get that all the time where a party creates
[01:26:13.280 --> 01:26:18.800]  the document, sends it to them, but it doesn't have, they're not a party to the document.
[01:26:18.800 --> 01:26:28.160]  Okay. But just, maybe they're not a party to the document, but this heading of bought
[01:26:28.160 --> 01:26:37.320]  by is what's confusing me a little bit, perhaps, like somebody else paid for the transfer.
[01:26:37.320 --> 01:26:43.480]  Okay. You're giving me, okay, hold on. You're giving me bits and pieces. Does it say that
[01:26:43.480 --> 01:26:51.680]  the entity who claims to have created the document, bought the document or sold the
[01:26:51.680 --> 01:26:59.200]  document? What does bought by refer to here? That's, what's the next word after bought
[01:26:59.200 --> 01:27:05.600]  by? Well, there's just the entries, the entries
[01:27:05.600 --> 01:27:10.200]  in the record book. You're talking about the entry in the county
[01:27:10.200 --> 01:27:16.400]  record or in the notary ledger? No, no. Yeah. Well, this is like this Excel
[01:27:16.400 --> 01:27:22.080]  spreadsheet that was sent. Okay. Notary ledger is not going to mean anything.
[01:27:22.080 --> 01:27:30.320]  If that category is in there, it doesn't mean anything because it's not required. That's
[01:27:30.320 --> 01:27:37.320]  going to be a notation they keep for their own records. It's going to have no value as
[01:27:37.320 --> 01:27:47.680]  in terms of being able to adjudicate that. Well, yeah. The only thing the notary is about
[01:27:47.680 --> 01:27:55.720]  is did the notary ensure that the person who signed this document was the person they claimed
[01:27:55.720 --> 01:28:02.360]  they were? Did they swear them in under oath and did they witness them signing the document?
[01:28:02.360 --> 01:28:11.160]  That's all that is in the notary. If they've added other stuff, unless it's something where
[01:28:11.160 --> 01:28:17.200]  I don't have any authority to do what I'm claiming I'm doing, then it's going to be
[01:28:17.200 --> 01:28:23.480]  of no probate value. Okay. I wasn't talking about anything with
[01:28:23.480 --> 01:28:33.040]  the notary, but I was talking about the relationship of this third entity. I have no idea in what
[01:28:33.040 --> 01:28:40.640]  you're talking about. You're saying there are some initials on the ledger that look
[01:28:40.640 --> 01:28:47.960]  something like the initials for a company name and you're implying that because these
[01:28:47.960 --> 01:28:53.760]  initials are here, therefore, this company is somehow involved in this acknowledgement?
[01:28:53.760 --> 01:28:58.160]  It is. Well, it is. It's the one who created the instrument into which it was returned
[01:28:58.160 --> 01:29:02.960]  after recording. That doesn't mean anything. That's generally
[01:29:02.960 --> 01:29:09.120]  a title company. Okay. Well, just that it was-
[01:29:09.120 --> 01:29:18.120]  Title company or sometimes lawyers would do it, but it depends on what the only probate
[01:29:18.120 --> 01:29:27.960]  value is what the document says. Does the document say that the lender with whom you
[01:29:27.960 --> 01:29:32.320]  got the loan transferred the property to someone else?
[01:29:32.320 --> 01:29:38.280]  Yes. The lenders whose name was on the deed of trust
[01:29:38.280 --> 01:29:41.960]  transferred it to someone else. Those are the parties to the contract, and then the
[01:29:41.960 --> 01:29:49.800]  person who affirmed the document, they're a party to the contract. The guy who created
[01:29:49.800 --> 01:29:56.320]  it and wanted it sent back to him, he's not a party. Hang on, Randy Kelton, Steve Skidmore,
[01:29:56.320 --> 01:30:19.160]  Steve LaRadio, call in number 512-646. Privacy is under attack. When you give up
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[01:30:30.080 --> 01:30:35.640]  and keep your information to yourself. Privacy, it's worth hanging on to. This message is
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[01:33:33.800 --> 01:33:40.800]  Welcome back to RuleLawRadio, folks. Randy has developed a breathing problem. He started
[01:33:41.160 --> 01:33:44.640]  a cough and fit and he can't quit, so I think he's got his mic turned off.
[01:33:44.640 --> 01:33:49.640]  I'm back. There he is. He made it. Before we went to
[01:33:49.640 --> 01:34:03.120]  break, we were talking with Danny in Texas, and I have unmuted your mic, Danny.
[01:34:03.120 --> 01:34:04.720]  Okay. Okay, Danny, did you have anything else for
[01:34:04.720 --> 01:34:10.720]  us? You muted yourself, Randy.
[01:34:10.720 --> 01:34:17.720]  No, I didn't. It was unmuted and then it muted back somehow.
[01:34:17.720 --> 01:34:24.720]  I did it. Anyway, Danny, I don't think you will get
[01:34:26.040 --> 01:34:32.760]  much out of attacking the ledger. The only thing about the ledger is if the ledger is
[01:34:32.760 --> 01:34:39.760]  insufficient to support the fact that the notary actually observed the signature on
[01:34:41.520 --> 01:34:46.280]  the document. That's all the notary goes to.
[01:34:46.280 --> 01:34:53.280]  Okay, this thing I brought up wasn't about to deal with the notary's ledger. It's just
[01:34:53.840 --> 01:35:00.840]  I got to look at this notation of bought by, and this company that the document ended up
[01:35:02.760 --> 01:35:09.760]  being sent back to is one indicated that it was bought by, so what does it mean to this
[01:35:10.360 --> 01:35:15.360]  third company? Okay, this is confusing.
[01:35:15.360 --> 01:35:22.360]  Yeah. What document are you talking about?
[01:35:22.360 --> 01:35:28.600]  Transfer and assignment. Okay, the original lender supposedly did
[01:35:28.600 --> 01:35:35.600]  the assignment to another party, and there's a notation in there that indicates that some
[01:35:35.600 --> 01:35:42.600]  other entity bought what? Well, it's hard to say, but it's with these
[01:35:45.360 --> 01:35:52.360]  entries for the transfers. Okay, in the body of the transfer, which says
[01:35:54.760 --> 01:36:01.760]  for value received, it's not in that section.
[01:36:01.760 --> 01:36:08.760]  Okay, that would be the second one, the one that it was transferred to, the one that was
[01:36:16.280 --> 01:36:23.280]  named as the one that the rights were transferred to, but this notation makes it seem like that
[01:36:24.560 --> 01:36:31.480]  the document or something related to it was bought by the third entity to which the document
[01:36:31.480 --> 01:36:38.480]  was returned after recording. I'll have to use the document. It's real important
[01:36:40.320 --> 01:36:46.880]  where that's at. Is that inside the body of the document, or is it outside, below the
[01:36:46.880 --> 01:36:53.320]  affirmation, or above the heading? What, the notation of to whom to return the
[01:36:53.320 --> 01:36:57.240]  document? The one that it was returned to is normally
[01:36:57.240 --> 01:37:03.160]  above the heading. Yes. So it's not in the body of the document.
[01:37:03.160 --> 01:37:08.360]  Right. Is this bought by, in the body of the document,
[01:37:08.360 --> 01:37:14.360]  or is it in the heading, or putting? It's in this Excel spreadsheet for the notary
[01:37:14.360 --> 01:37:19.480]  record. Oh, you're still talking about the... You're
[01:37:19.480 --> 01:37:27.480]  not talking about the actual document that transferred the interest from the borrower
[01:37:27.720 --> 01:37:31.560]  to some third party, but you're still talking about this notary spreadsheet?
[01:37:31.560 --> 01:37:38.560]  Well, that's what brought up the question. The notary... Well, it's maybe a question,
[01:37:38.600 --> 01:37:42.280]  but you're not going to find any answers there, and you're certainly not going to get any
[01:37:42.280 --> 01:37:50.280]  claims out of that thing. So, you might go get a securities analysis.
[01:37:52.280 --> 01:37:58.280]  If that gives you reason to believe that another party purchased, get a securities analysis,
[01:37:58.280 --> 01:38:14.280]  contact the property insurance carrier, ask them for a list of beneficiaries. Steve?
[01:38:14.280 --> 01:38:18.280]  What's that? You got a comment?
[01:38:18.280 --> 01:38:26.280]  Oh, I was going to say, send me an email. I can get you started on that securities analysis.
[01:38:26.280 --> 01:38:36.280]  Okay, your email address out there somewhere? Steve, Steve, S-T-E-V-E underscore,
[01:38:36.280 --> 01:38:54.280]  Skidmore, S-K-I-D. Actually, just send it to Steve at mortgagecomplianceinvestigators.com.
[01:38:54.280 --> 01:39:04.280]  That's Steve, S-T-E-V-E at mortgagecomplianceinvestigators.com.
[01:39:04.280 --> 01:39:10.280]  And mortgagecomplianceinvestigators is all one word.
[01:39:10.280 --> 01:39:16.280]  I can send you... Excuse me, I'll send you an email and information on what it is we're offering,
[01:39:16.280 --> 01:39:24.280]  what you need. Okay. Yeah, I guess that's it for now. I've taken up enough.
[01:39:24.280 --> 01:39:32.280]  Okay. Okay, yeah, if you have a reason to believe somebody else is in there,
[01:39:32.280 --> 01:39:41.280]  the securities analysis will find that. Yeah, I don't understand this because there's,
[01:39:41.280 --> 01:39:47.280]  in all the ledgers that I've seen, the notary's ledgers, bought by has never been a column,
[01:39:47.280 --> 01:39:53.280]  and I see what's piqued your interest. Kind of piqued my interest too when you first said it,
[01:39:53.280 --> 01:40:04.280]  but I couldn't find any relevance. Do you feel uncomfortable giving the name of who was initialed on there?
[01:40:04.280 --> 01:40:15.280]  It's a company, I take it. Yeah, well, I'd have to look to see. I think I can find what it is.
[01:40:15.280 --> 01:40:25.280]  I don't have it immediately in front of me here, but I think it might not take too much to find it.
[01:40:25.280 --> 01:40:36.280]  You said it was the individual or entity under the bought by column was, there were initials there, correct?
[01:40:36.280 --> 01:40:48.280]  Yeah, the initials, SCI. And so the company was securities something up in Idaho looking at their website,
[01:40:48.280 --> 01:41:05.280]  you know. Okay. Wait, hold on. I have an idea. Send the notary a request to tell you what her headings mean.
[01:41:05.280 --> 01:41:17.280]  Okay. Yeah, identify, exactly, identify this party. Not the party. What do these headings mean?
[01:41:17.280 --> 01:41:23.280]  You've got to keep them in there. You don't want to give away what you're looking at.
[01:41:23.280 --> 01:41:33.280]  But it's reasonable to ask for the headings so you can understand what you just received.
[01:41:33.280 --> 01:41:39.280]  Okay. Oh, yeah, well, a little bit of a question. Is that it, Eddie?
[01:41:39.280 --> 01:41:47.280]  One, this should be shorter. You're talking about contacting the original lender about the one who signed the transfer
[01:41:47.280 --> 01:41:54.280]  being authorized by them to do that, and they don't answer?
[01:41:54.280 --> 01:41:58.280]  Right. That's prima facie evidence.
[01:41:58.280 --> 01:42:06.280]  You also hit somebody a while back, bring up, you know, they got something and they try to do like a default on someone
[01:42:06.280 --> 01:42:16.280]  by going back to them to answer something they didn't, and then when they didn't, try to use that as like prima facie.
[01:42:16.280 --> 01:42:24.280]  But you brought up the issue that what requirement was there for them to answer?
[01:42:24.280 --> 01:42:31.280]  Okay. Here's the requirement. This person put their signature on this document,
[01:42:31.280 --> 01:42:36.280]  and by putting their signature on the document and filing it in the public record,
[01:42:36.280 --> 01:42:43.280]  they implied or inferred that they had authority to sign this document.
[01:42:43.280 --> 01:42:51.280]  When you challenge that authority, now they have a duty to back up their assertion.
[01:42:51.280 --> 01:42:57.280]  Okay. But you said to send it to the company and not send it to the signer.
[01:42:57.280 --> 01:43:05.280]  It is the company who filed the document and claimed that the document, they filed it as a regular invalid document.
[01:43:05.280 --> 01:43:14.280]  Okay. And you challenged the validity of it and asked them to, it goes to don't stipulate to anything.
[01:43:14.280 --> 01:43:19.280]  I don't know who this person is. You know, I get people saying, well, who should I sue?
[01:43:19.280 --> 01:43:23.280]  And I got this document and Bank of America did this, Bank of America did this.
[01:43:23.280 --> 01:43:27.280]  And I said, wait a minute, wait a minute, Bank of America didn't do anything.
[01:43:27.280 --> 01:43:35.280]  Some dude down here signed this document. That you know.
[01:43:35.280 --> 01:43:39.280]  You don't know if this dude was actually working for Bank of America or not.
[01:43:39.280 --> 01:43:41.280]  You know, he said he was.
[01:43:41.280 --> 01:43:42.280]  Yeah.
[01:43:42.280 --> 01:43:48.280]  But we don't hold Bank of America responsible for what this guy said we hold him responsible.
[01:43:48.280 --> 01:43:52.280]  Ask Bank of America to verify that this guy was acting in your name.
[01:43:52.280 --> 01:43:59.280]  Hang on, going to break, Randy Kelton, Steve Skidmore, we'll be right back.
[01:43:59.280 --> 01:44:03.280]  You feel tired when talking about important topics like money and politics?
[01:44:03.280 --> 01:44:04.280]  Sorry.
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[01:44:07.280 --> 01:44:08.280]  What?
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[01:45:00.280 --> 01:45:03.280]  Are you the plaintiff or defendant in a lawsuit?
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[01:46:05.280 --> 01:46:33.280]  Thank you.
[01:46:33.280 --> 01:46:36.280]  Okay.
[01:46:36.280 --> 01:46:43.280]  We went to see Skidmore and we were going to go to Carlos in California.
[01:46:43.280 --> 01:46:47.280]  Carlos, for the first time, had a question not on foreclosure.
[01:46:47.280 --> 01:46:53.280]  He had a traffic issue, a legal question, but you dropped off Carlos.
[01:46:53.280 --> 01:47:01.280]  If you'll call us back, we will get to you as soon as we talk to Brian.
[01:47:01.280 --> 01:47:03.280]  Hello, Brian.
[01:47:03.280 --> 01:47:08.280]  I understand you have a question about foreclosure.
[01:47:08.280 --> 01:47:10.280]  Yes, I do, Randy.
[01:47:10.280 --> 01:47:12.280]  It's actually about your timeline.
[01:47:12.280 --> 01:47:17.280]  You recommended to use the timeline when gathering all your information?
[01:47:17.280 --> 01:47:18.280]  Yes.
[01:47:18.280 --> 01:47:23.280]  I gathered some information and I'm having a little bit of a hard time comprehending it,
[01:47:23.280 --> 01:47:27.280]  and I'd like you to maybe comprehend it.
[01:47:27.280 --> 01:47:35.280]  One thing that will help you, is there a court case involved?
[01:47:35.280 --> 01:47:38.280]  At this time, no.
[01:47:38.280 --> 01:47:41.280]  Okay, because if you have a court case involved, one thing you do is go down
[01:47:41.280 --> 01:47:45.280]  and get the clerk's docket list.
[01:47:45.280 --> 01:47:51.280]  Every file will have a docket list on the top where they list everything that's been filed.
[01:47:51.280 --> 01:47:56.280]  The woman I spoke of earlier that produced me one,
[01:47:56.280 --> 01:48:01.280]  she was in a divorce issue and she got the docket sheet,
[01:48:01.280 --> 01:48:06.280]  and I just had her go down the docket sheet and in between this filing
[01:48:06.280 --> 01:48:09.280]  and this filing something else happened, just fill in the blanks,
[01:48:09.280 --> 01:48:13.280]  and she walked right down through it and it worked really nice.
[01:48:13.280 --> 01:48:17.280]  But let me explain the philosophy.
[01:48:17.280 --> 01:48:22.280]  What I'm really looking for is a statement of facts.
[01:48:22.280 --> 01:48:30.280]  If I ask you for a statement of facts as a lay person, you will do like I do
[01:48:30.280 --> 01:48:38.280]  and confuse facts with argument or facts with conclusions,
[01:48:38.280 --> 01:48:43.280]  and I get a lot of explanation about the facts,
[01:48:43.280 --> 01:48:50.280]  and it's hard to get people to just write a fact down and not tell me anything about that fact.
[01:48:50.280 --> 01:48:53.280]  I've been in draft and pleadings for a few years and it's still difficult for me
[01:48:53.280 --> 01:49:00.280]  because every time I go into the facts, my mind wants to explain why I'm writing this down.
[01:49:00.280 --> 01:49:02.280]  And it's hard.
[01:49:02.280 --> 01:49:08.280]  It is, but there's time for that explanation once you've listed out the facts.
[01:49:08.280 --> 01:49:12.280]  Once you list your facts, then you go into the explanation of the facts,
[01:49:12.280 --> 01:49:17.280]  the pertinence of the facts and how those facts have caused you harm.
[01:49:17.280 --> 01:49:21.280]  I generally do a statement of facts, and then right under it,
[01:49:21.280 --> 01:49:26.280]  I do a statement of factual accusation like in a foreclosure issue.
[01:49:26.280 --> 01:49:28.280]  I do a statement of facts.
[01:49:28.280 --> 01:49:33.280]  I say, on this day, there was filed with the counter recorder a document titled as follows,
[01:49:33.280 --> 01:49:39.280]  and then I go into the document, copy out the heading, and drop it in my statement of facts.
[01:49:39.280 --> 01:49:42.280]  The document is defined as a security instrument.
[01:49:42.280 --> 01:49:48.280]  I copy out that little sentence that says it's a security instrument, drop it in.
[01:49:48.280 --> 01:49:50.280]  That's my statement of facts.
[01:49:50.280 --> 01:49:54.280]  I walk right down to all of the documents.
[01:49:54.280 --> 01:50:01.280]  If something occurs, on this day, this happened, something happened.
[01:50:01.280 --> 01:50:02.280]  We had a hearing.
[01:50:02.280 --> 01:50:06.280]  We got a letter from this company on this day.
[01:50:06.280 --> 01:50:15.280]  And just precisely, just the facts, ma'am, exactly what occurred, no explanation, no argument.
[01:50:15.280 --> 01:50:28.280]  Facts are a great tool because when someone reads just bare bones facts, we need closure.
[01:50:28.280 --> 01:50:33.280]  We need to have a way to tie these facts together.
[01:50:33.280 --> 01:50:40.280]  I mentioned earlier that somebody wasn't giving me referential index.
[01:50:40.280 --> 01:50:47.280]  I need to be able to reference facts in my mind so I can go back and find them.
[01:50:47.280 --> 01:50:55.280]  So when I'm just giving you bare facts, you're going to look at those facts and try to make sense out of them
[01:50:55.280 --> 01:51:00.280]  and see how they, you know, figure out how they fit together.
[01:51:00.280 --> 01:51:04.280]  So the first thing I want from you are all of the facts.
[01:51:04.280 --> 01:51:12.280]  Then I'm going to go look at those facts and say which of these facts would tend to lead a reader
[01:51:12.280 --> 01:51:19.280]  to the conclusion I want to lead them to and then which facts will lead them away from it.
[01:51:19.280 --> 01:51:22.280]  Those facts I take out.
[01:51:22.280 --> 01:51:27.280]  If I can, if I can take them out, if they're not apparently relevant,
[01:51:27.280 --> 01:51:38.280]  if they're not critical, then I take them out because I want the reader to come to conclusions based on these facts
[01:51:38.280 --> 01:51:42.280]  because then I'm going to go to a statement of factual accusation
[01:51:42.280 --> 01:51:50.280]  and I'm going to try to make the connections that my reader made when he read the facts.
[01:51:50.280 --> 01:51:57.280]  And when I state those connections in my statement of factual accusation,
[01:51:57.280 --> 01:52:00.280]  he's going to think that's exactly what I thought.
[01:52:00.280 --> 01:52:01.280]  That's what I thought.
[01:52:01.280 --> 01:52:10.280]  And when he does that, he's going to think that I'm really smart because I think like he does.
[01:52:10.280 --> 01:52:12.280]  Does that make sense, Brian?
[01:52:12.280 --> 01:52:13.280]  Oh, it totally does.
[01:52:13.280 --> 01:52:23.280]  And I think if you follow your timelines, that's what helps you keep the facts from your opinion or your emotions also.
[01:52:23.280 --> 01:52:28.280]  You know, I was talking earlier about a map.
[01:52:28.280 --> 01:52:37.280]  Once I have a timeline, I have a visual image of that timeline and you mentioned something
[01:52:37.280 --> 01:52:49.280]  and I can look at the timeline and I know right where to go in there to stick that in because I have the whole timeline.
[01:52:49.280 --> 01:52:50.280]  You mentioned this thing.
[01:52:50.280 --> 01:52:54.280]  That goes right here and I can step in and put it right there.
[01:52:54.280 --> 01:53:01.280]  That way it helps me to keep all of these disparate facts organized.
[01:53:01.280 --> 01:53:05.280]  People, you know, you come on the air and you tell me stories.
[01:53:05.280 --> 01:53:11.280]  And most of the time you talk about what stood out to you.
[01:53:11.280 --> 01:53:16.280]  You know how all these things fit together, but I don't.
[01:53:16.280 --> 01:53:17.280]  Right.
[01:53:17.280 --> 01:53:20.280]  And I get lost really fast.
[01:53:20.280 --> 01:53:31.280]  One of the reasons I get lost is I study psychology and language and one of the things I try not to do is hallucinate.
[01:53:31.280 --> 01:53:40.280]  I try not to project what I think on to what you're telling me.
[01:53:40.280 --> 01:53:44.280]  I try not to be a proactive listener.
[01:53:44.280 --> 01:53:45.280]  Right.
[01:53:45.280 --> 01:53:54.280]  Because I kind of jump ahead of you and I can be down a rabbit hole and get the totally wrong perception.
[01:53:54.280 --> 01:54:04.280]  I was talking to Danny earlier and I know I might have seemed kind of pedantic, but I thought I knew what he was talking about,
[01:54:04.280 --> 01:54:11.280]  but I wasn't sure and I needed him to clarify specifically what we were talking about.
[01:54:11.280 --> 01:54:18.280]  So sometimes I get a little pedantic that way, but that's so that I don't come away with a misconception.
[01:54:18.280 --> 01:54:25.280]  Well, can I share you my facts and what I found and I wanted to get your opinion if it was an issue or not.
[01:54:25.280 --> 01:54:28.280]  Okay.
[01:54:28.280 --> 01:54:37.280]  I wanted to add before you get started there, Brian, I wanted to add a good place to start with your facts is the closing date.
[01:54:37.280 --> 01:54:40.280]  That's the day it all started was the day of closing.
[01:54:40.280 --> 01:54:42.280]  Excuse me.
[01:54:42.280 --> 01:54:50.280]  When I do a statement of facts, I always want the warranty deed first.
[01:54:50.280 --> 01:54:56.280]  This day I received a warranty deed on this property.
[01:54:56.280 --> 01:55:03.280]  That is always the first thing and then you go to the note, the deed of trust or the mortgage.
[01:55:03.280 --> 01:55:05.280]  Anyway, go ahead.
[01:55:05.280 --> 01:55:06.280]  All right.
[01:55:06.280 --> 01:55:17.280]  Well, I had a note and a deed of trust on the 7th and it was recorded in the county recorder on the 8th.
[01:55:17.280 --> 01:55:26.280]  And one thing that I noticed which is interesting is if I go to the Fannie Mae website and look at the loan bookup tool,
[01:55:26.280 --> 01:55:36.280]  it says that they purchased my loan six days prior to me getting a note from Bank of America.
[01:55:36.280 --> 01:55:51.280]  And then if you look at MERS, it appears that there is a Fannie Mae Remic Trust associated to my principal amount.
[01:55:51.280 --> 01:55:59.280]  And that's exactly one month later from the Fannie Mae lookup tool.
[01:55:59.280 --> 01:56:08.280]  And from what I understand, what Joe says, one cannot transfer what one person does not own.
[01:56:08.280 --> 01:56:11.280]  So if Bank of America...
[01:56:11.280 --> 01:56:15.280]  That's Nemo Dec Quod Non Habet.
[01:56:15.280 --> 01:56:16.280]  Pardon me.
[01:56:16.280 --> 01:56:25.280]  The Latin legal maxim that you're referring to is Nemo Dec Quod Non Habet.
[01:56:25.280 --> 01:56:28.280]  One does not give what he does not have.
[01:56:28.280 --> 01:56:29.280]  Right.
[01:56:29.280 --> 01:56:35.280]  So my argument would be if Bank of America was the lender on December 7th,
[01:56:35.280 --> 01:56:43.280]  how could Fannie Mae have purchased it on December 1st?
[01:56:43.280 --> 01:56:44.280]  Same here.
[01:56:44.280 --> 01:56:48.280]  Okay. There's a couple of issues there.
[01:56:48.280 --> 01:56:58.280]  And my favorite issue there, I always want to go back to the documents filed in the record,
[01:56:58.280 --> 01:57:01.280]  the claims against the property.
[01:57:01.280 --> 01:57:10.280]  So tell me, Brian, what does that tell you about the guy who filed the security instrument?
[01:57:10.280 --> 01:57:14.280]  That he probably did something fraudulent.
[01:57:14.280 --> 01:57:17.280]  He didn't have a claim.
[01:57:17.280 --> 01:57:18.280]  Right.
[01:57:18.280 --> 01:57:21.280]  He filed a claim in the record.
[01:57:21.280 --> 01:57:27.280]  He filed a document that stated that he held this claim, but he didn't.
[01:57:27.280 --> 01:57:29.280]  He had already sold it.
[01:57:29.280 --> 01:57:32.280]  Actually, he never had a claim.
[01:57:32.280 --> 01:57:34.280]  Right. Right.
[01:57:34.280 --> 01:57:36.280]  He had it sold before he purchased it.
[01:57:36.280 --> 01:57:41.280]  That means the filing of the security instrument was fraudulent.
[01:57:41.280 --> 01:57:42.280]  Right.
[01:57:42.280 --> 01:57:50.280]  He did not have standing to file the document in the record because he didn't have a claim.
[01:57:50.280 --> 01:57:52.280]  Right.
[01:57:52.280 --> 01:58:03.280]  And the other thing is Bank of America came to you presenting themselves as a bona fide licensed lender.
[01:58:03.280 --> 01:58:12.280]  And they negotiated with you under the auspices of being a lender who would lend you money to purchase this property.
[01:58:12.280 --> 01:58:13.280]  Right.
[01:58:13.280 --> 01:58:16.280]  They were lying SOBs. They didn't do any such thing.
[01:58:16.280 --> 01:58:17.280]  Correct.
[01:58:17.280 --> 01:58:19.280]  They didn't have anything in it.
[01:58:19.280 --> 01:58:26.280]  They engaged you in a contract with a undisclosed party.
[01:58:26.280 --> 01:58:28.280]  Correct. Correct.
[01:58:28.280 --> 01:58:32.280]  So reach a contract.
[01:58:32.280 --> 01:58:33.280]  Right.
[01:58:33.280 --> 01:58:35.280]  Hang on. We've got to go to break.
[01:58:35.280 --> 01:58:39.280]  Randy Felton, Steve Skidmore, Wuvla Radio.
[01:58:39.280 --> 01:58:43.280]  Our call is number 512-646-1984.
[01:58:43.280 --> 01:58:45.280]  We'll be right back on the other side.
[01:58:45.280 --> 01:58:47.280]  We're getting late, so...
[01:58:47.280 --> 01:58:49.280]  We'll let you answer the question.
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