ROL_2014-04-04_16k_Hr3-4.timecode
[00:00.000 --> 00:08.200] Federal Reserve Chair Jana Yellen is reportedly easing investor concern that interest rates
[00:08.200 --> 00:13.840] may rise earlier than previously forecast, saying the United States will need Fed stimulus
[00:13.840 --> 00:14.840] for some time.
[00:14.840 --> 00:19.200] I'm Ben Swann with your Truth In Media Moment, sponsored in part by benswann.com.
[00:19.200 --> 00:23.120] Yellen said Monday that the Fed hasn't done enough to combat unemployment, even after
[00:23.120 --> 00:26.920] holding interest rates near zero for more than five years.
[00:26.920 --> 00:31.640] The Fed's balance sheet is now up to $4.23 trillion with bond purchases.
[00:31.640 --> 00:36.040] Yellen, speaking at a conference in Chicago, said, quote, this extraordinary commitment
[00:36.040 --> 00:40.640] is still needed and will be for some time, and I believe that view is widely shared by
[00:40.640 --> 00:42.640] my fellow policymakers.
[00:42.640 --> 00:47.240] The scars from the Great Recession remain, and reaching our goals will take time, end
[00:47.240 --> 00:48.240] quote.
[00:48.240 --> 00:49.840] So what are those goals?
[00:49.840 --> 00:53.440] More on that after this.
[00:53.440 --> 00:57.000] The destruction of constitutional liberties and endless foreign wars.
[00:57.000 --> 01:01.640] The voice of the people silenced, while lawmakers simply enrich themselves and the political
[01:01.640 --> 01:02.640] class.
[01:02.640 --> 01:03.640] I'm Ben Swann.
[01:03.640 --> 01:04.800] Is it about left versus right?
[01:04.800 --> 01:08.160] No, the real fight is liberty versus tyranny.
[01:08.160 --> 01:11.560] At benswann.com, we are breaking the left-right paradigm.
[01:11.560 --> 01:16.400] We know that the American two-party system is broken, and that to restore American liberty
[01:16.400 --> 01:20.400] means to restore your rights as an individual.
[01:20.400 --> 01:24.520] At benswann.com, we cover stories the national media won't touch, from the National Defense
[01:24.520 --> 01:30.680] Authorization Act to nullification, militarization of police, and crony capitalism.
[01:30.680 --> 01:34.400] We are not afraid to stand up for the rights of the people.
[01:34.400 --> 01:37.280] We are the face of new media.
[01:37.280 --> 01:48.240] Benswann.com, where humanity is greater than politics.
[01:48.240 --> 01:50.920] Making the Fed's policies almost impossible.
[01:50.920 --> 01:56.040] Fed Chair Janet Yellen claims that real people are behind the statistics of the Fed's policies.
[01:56.040 --> 02:01.720] In Chicago, she described how one person, Vicki Lira, lost two jobs, endured homelessness,
[02:01.720 --> 02:05.160] and now serves food samples part-time at a grocery store.
[02:05.160 --> 02:10.220] But what Fed Chairman Yellen did not explain, how does the endless printing of the dollar
[02:10.220 --> 02:14.520] and holding interest rates to zero fix that?
[02:14.520 --> 02:15.520] Yellen never says.
[02:15.520 --> 02:20.520] She claims that the Fed is committed to spurring the economy and putting 10.5 million people
[02:20.520 --> 02:21.520] back to work.
[02:21.520 --> 02:23.360] Is there a plan to do that?
[02:23.360 --> 02:28.400] Of course not, because the Fed's policies don't and can't do that.
[02:28.400 --> 02:32.760] The reality is we all know the Fed is a failure, but the good news is more and more Americans
[02:32.760 --> 02:34.880] are finally beginning to see that.
[02:34.880 --> 02:39.720] The importance of truth in media go no further than the Federal Reserve, an issue that media
[02:39.720 --> 02:44.240] continues to ignore and new media continues to expose.
[02:44.240 --> 02:48.600] For stories that affect your liberty, you can find me online at benswan.com, where humanity
[02:48.600 --> 03:16.960] is greater than politics.
[03:16.960 --> 03:30.240] Okay.
[03:30.240 --> 03:31.240] We are back.
[03:31.240 --> 03:32.240] Randy Kelton.
[03:32.240 --> 03:38.720] We're on the radio and we're talking to Brian in Illinois and, okay, Brian, I need to shut
[03:38.720 --> 03:45.440] up and let you tell us what issues you have or where you're at now.
[03:45.440 --> 03:47.160] I kept being erupted.
[03:47.160 --> 03:48.160] Yeah, that's okay.
[03:48.160 --> 03:55.680] The other issue that I had was that the Fannie Mae Ramek Trust that I found in regards to
[03:55.680 --> 04:03.920] my property is exactly one month, the acquisition date that they have is exactly one month later
[04:03.920 --> 04:09.040] than the date reported on the Fannie Mae Lookup page.
[04:09.040 --> 04:11.040] So on the Fannie Mae Lookup page...
[04:11.040 --> 04:12.040] Wait a minute.
[04:12.040 --> 04:13.040] Wait a minute.
[04:13.040 --> 04:14.040] What does that mean?
[04:14.040 --> 04:15.040] I'm not sure what you mean there.
[04:15.040 --> 04:18.880] One of these remakes is open for a three months period.
[04:18.880 --> 04:19.880] Okay.
[04:19.880 --> 04:20.880] Okay.
[04:20.880 --> 04:21.880] So that's...
[04:21.880 --> 04:26.000] So from the start date, they've got three months.
[04:26.000 --> 04:32.120] If your note was somewhat before that, you can get in.
[04:32.120 --> 04:38.800] But if your note is after the third month and you count three months from the date it
[04:38.800 --> 04:42.080] opens, if it wasn't in by then, then it couldn't go in there.
[04:42.080 --> 04:43.080] All right.
[04:43.080 --> 04:49.600] So it says Fannie Mae Ramek Trust 2010-10, would that be October of 2010?
[04:49.600 --> 04:50.600] Yes.
[04:50.600 --> 04:51.600] Okay.
[04:51.600 --> 05:06.800] So if it's October 2010, and they say they made the purchase on, let's see here.
[05:06.800 --> 05:13.720] The Ramek, I mean, the pool would have been opened until January.
[05:13.720 --> 05:14.720] All right.
[05:14.720 --> 05:19.400] And they made the purchase on December 1st of 2009.
[05:19.400 --> 05:20.400] That's right in the middle.
[05:20.400 --> 05:21.400] Oh, wait a minute.
[05:21.400 --> 05:22.400] Hold on.
[05:22.400 --> 05:23.400] What was the date of the trust?
[05:23.400 --> 05:30.400] The date of the trust is October of 2010.
[05:30.400 --> 05:33.360] Oh, no way it can be in that trust.
[05:33.360 --> 05:34.360] Yes.
[05:34.360 --> 05:38.600] Okay, there is one way it can be in the trust.
[05:38.600 --> 05:45.280] Once the trust closes, then it's generally filed into a real estate mortgage investment
[05:45.280 --> 05:48.200] conduit.
[05:48.200 --> 05:59.400] Once it's filed with the IRS that way, then if a mortgage in the pool is non-performing,
[05:59.400 --> 06:04.480] they can pull that mortgage and replace it with a mortgage with a similar collateral
[06:04.480 --> 06:05.480] base.
[06:05.480 --> 06:08.480] Okay, like a credit swap?
[06:08.480 --> 06:14.800] However, they can only replace 5% of the whole Ramek collapses.
[06:14.800 --> 06:15.800] Okay.
[06:15.800 --> 06:23.320] So it is possible that your note could have been put in there later, or maybe a year or
[06:23.320 --> 06:25.320] two years later.
[06:25.320 --> 06:32.920] But if it was sold to Fannie Mae beforehand, it was almost certainly put in immediately.
[06:32.920 --> 06:34.920] Okay.
[06:34.920 --> 06:37.840] All right.
[06:37.840 --> 06:38.840] But it wasn't...
[06:38.840 --> 06:39.840] When?
[06:39.840 --> 06:40.840] Is this 2009?
[06:40.840 --> 06:41.840] Yeah, 12-1-2009.
[06:41.840 --> 06:44.840] They're reporting it on...
[06:44.840 --> 06:51.400] They got a problem.
[06:51.400 --> 06:57.840] New reporting requirements came in in 2009.
[06:57.840 --> 07:03.520] They had to report the transfer of the beneficial interest within 30 days.
[07:03.520 --> 07:07.080] Yeah, within 30 days, and they didn't do that.
[07:07.080 --> 07:09.360] They didn't do that.
[07:09.360 --> 07:12.360] So that's a claim.
[07:12.360 --> 07:21.840] And since you have evidence that the beneficial interest was transferred to Fannie Mae prior
[07:21.840 --> 07:30.320] to consummation of the contract, then you maintain that the contract was entered into
[07:30.320 --> 07:39.040] without full disclosure, and that the lender named in the contract did not have a claim
[07:39.040 --> 07:43.440] against the property when they filed its security instrument.
[07:43.440 --> 07:45.440] Merge was included in the contract?
[07:45.440 --> 07:46.440] Oh, absolutely.
[07:46.440 --> 07:47.440] Yes.
[07:47.440 --> 07:48.440] Okay.
[07:48.440 --> 07:49.440] And you're in Illinois.
[07:49.440 --> 07:51.120] Illinois is a mortgage state.
[07:51.120 --> 07:53.680] So if you were in a deed of trust state...
[07:53.680 --> 07:54.680] Hold on a second.
[07:54.680 --> 07:57.680] Actually, the house is in California.
[07:57.680 --> 08:00.160] Oh, then that's a deed of trust state.
[08:00.160 --> 08:01.160] Yeah.
[08:01.160 --> 08:11.120] So the mortgage itself, I mean the deed of trust itself, if you read the transfer of
[08:11.120 --> 08:22.000] property rights paragraph, it transfers, it generally names Merge as a beneficiary and
[08:22.000 --> 08:25.200] transfers the property to the trustee.
[08:25.200 --> 08:31.840] Well, it doesn't transfer the beneficial interest in the property to the trustee.
[08:31.840 --> 08:34.560] So what is left?
[08:34.560 --> 08:39.080] The only thing that's left is the legal title.
[08:39.080 --> 08:46.240] So the trustees intended to hold the legal title to the property so that they can dispose
[08:46.240 --> 08:51.640] of the property in accordance with the provisions of the security instrument.
[08:51.640 --> 08:52.640] Right.
[08:52.640 --> 08:58.600] But the very next paragraph, the together with paragraph, the together with all improvements
[08:58.600 --> 09:03.320] in whatever to the property, they include any improvements to the property in the collateral
[09:03.320 --> 09:04.320] base.
[09:04.320 --> 09:07.640] But right in the middle of that thing, it says you understand that Merge is not the
[09:07.640 --> 09:11.680] beneficiary but only holds legal title.
[09:11.680 --> 09:13.960] Now wait a minute.
[09:13.960 --> 09:16.760] You just gave that to the trustee.
[09:16.760 --> 09:22.400] Now you took it away from the trustee and gave it to Merge as agent for the lender.
[09:22.400 --> 09:29.640] That makes this not a trust, but a grant where the property's been granted to the borrower
[09:29.640 --> 09:34.680] and in a deed of trust state, that's forbidden.
[09:34.680 --> 09:38.960] That's not a trust anymore.
[09:38.960 --> 09:39.960] That's an argument to make.
[09:39.960 --> 09:48.560] And then you go to covenant 14, 15, 16, 14 is the one nobody addresses much and those
[09:48.560 --> 09:53.160] are the fees that are charged at a closing.
[09:53.160 --> 09:57.960] Prison Lending Act has a whole series of restrictions on what they can charge and they always charge
[09:57.960 --> 09:58.960] bogus fees.
[09:58.960 --> 09:59.960] Okay.
[09:59.960 --> 10:07.280] And then 15 goes to the notice is they're supposed to give by certified mail.
[10:07.280 --> 10:11.320] You didn't get a certified mail notice that the property was sold, that the beneficial
[10:11.320 --> 10:14.760] interest was sold to Fannie Mae.
[10:14.760 --> 10:19.160] 16 goes to all applicable laws.
[10:19.160 --> 10:20.160] Okay.
[10:20.160 --> 10:21.160] Go ahead.
[10:21.160 --> 10:22.160] I keep interrupting you.
[10:22.160 --> 10:23.160] Oh, that's okay.
[10:23.160 --> 10:26.280] I thought I interrupted you, but it's funny that you mentioned truth in lending because
[10:26.280 --> 10:32.720] when I went in through my timeline, I noticed that I was given four different truth in lending
[10:32.720 --> 10:33.720] notices.
[10:33.720 --> 10:39.160] They were all for different amounts and the one that was actually notarized, the dollar
[10:39.160 --> 10:45.160] amount and the mortgage rate, they're blank, they're not still there, the ones that were
[10:45.160 --> 10:50.600] photocopied and given to me by my broker.
[10:50.600 --> 10:56.760] Was that at the date of, you're supposed to receive those at least three days before closing?
[10:56.760 --> 11:06.200] No, the truth in lending that I was given at closing that was notarized at closing is
[11:06.200 --> 11:07.200] blank.
[11:07.200 --> 11:08.560] Is blank.
[11:08.560 --> 11:09.560] That's interesting.
[11:09.560 --> 11:16.120] Yeah, and I have three others that are signed by me and they also have different dollar
[11:16.120 --> 11:19.120] amounts and different dates and different dates.
[11:19.120 --> 11:25.980] I do an evaluation where I run those through an amortization program and see how they match
[11:25.980 --> 11:28.320] the amounts on the note.
[11:28.320 --> 11:29.320] Right.
[11:29.320 --> 11:34.600] They almost never do, but once you look at those two, you look at the note, you look
[11:34.600 --> 11:39.600] at the mortgage statement and then look at what they actually charged you.
[11:39.600 --> 11:46.200] If they actually charged you what's on the truth in lending statement and the note calls
[11:46.200 --> 11:51.200] for something else, then you have a really decent claim against them.
[11:51.200 --> 11:54.520] Well, my argument is it's blank.
[11:54.520 --> 11:58.760] So any come out please.
[11:58.760 --> 12:03.240] That one doesn't necessarily mean anything if they gave you another one at least three
[12:03.240 --> 12:04.720] days before closing.
[12:04.720 --> 12:06.920] Okay, I understand you.
[12:06.920 --> 12:09.640] So maybe we'll go back to that.
[12:09.640 --> 12:11.400] They normally don't give you one early.
[12:11.400 --> 12:13.720] They normally give you one at closing.
[12:13.720 --> 12:14.720] That's two days too late.
[12:14.720 --> 12:19.640] Yeah, they gave it to me at closing just like you said and that's the one that was notarized
[12:19.640 --> 12:26.840] and I made them give me a photocopy of it and those dollar amounts and the APR are blank.
[12:26.840 --> 12:33.840] That's interesting, but if what they actually billed you equals what you agreed to pay on
[12:33.840 --> 12:37.560] the note, then there's no real claim there.
[12:37.560 --> 12:38.560] Okay.
[12:38.560 --> 12:44.960] So yeah, these are all things that I looked over and probably wouldn't even notice if
[12:44.960 --> 12:47.480] I didn't do the timeline.
[12:47.480 --> 12:54.400] Yes, the timeline just puts all the details in place.
[12:54.400 --> 12:57.960] When you do the timeline, it's a mnemonic device.
[12:57.960 --> 13:02.320] You'll look at this item and this item and you'll say, wait a minute, wait a minute,
[13:02.320 --> 13:06.840] something else happened in here that you forgot all about.
[13:06.840 --> 13:17.360] When you bring that, like if you file suit, what the court wants to see are details concerning
[13:17.360 --> 13:20.480] this particular transaction.
[13:20.480 --> 13:26.600] They do not respond well to vague and general accusations of bifurcation, separation of
[13:26.600 --> 13:29.080] the note and blah, blah, blah.
[13:29.080 --> 13:35.040] They want to see details and this timeline will get you those details.
[13:35.040 --> 13:43.440] Keep in mind, timeline statement of facts is an art form.
[13:43.440 --> 13:50.560] Once you have your argument as to all the stuff that went on, then back up from your
[13:50.560 --> 13:54.800] argument and go look at your statement of facts and arrange them so they lead the mind
[13:54.800 --> 13:58.600] of the reader to the conclusions you make in your argument.
[13:58.600 --> 13:59.600] Okay.
[13:59.600 --> 14:03.360] Am I on the right track then?
[14:03.360 --> 14:05.320] Are these good facts that I'm making?
[14:05.320 --> 14:07.360] You are definitely on the right track.
[14:07.360 --> 14:08.360] Okay.
[14:08.360 --> 14:13.920] Because my attorney that I hired says that he's never seen a situation like this, so
[14:13.920 --> 14:18.560] I just wanted to make sure if I press him on that issue that I'm not being a jerk or
[14:18.560 --> 14:21.240] I'm not being stupid about it.
[14:21.240 --> 14:26.360] No, this is, you want to go for every issue you can.
[14:26.360 --> 14:27.360] Okay.
[14:27.360 --> 14:32.040] You know, generally people only have so many nos in them.
[14:32.040 --> 14:33.040] Right.
[14:33.040 --> 14:37.280] Your judge is saying no, no, deny, deny, deny.
[14:37.280 --> 14:42.760] It really kind of feels bad after a while of, say, denying so it may get you one.
[14:42.760 --> 14:43.760] All right.
[14:43.760 --> 14:50.960] Now I have one little thing that you remind me, Tanyu, but I did what you did and did
[14:50.960 --> 14:56.600] a little bit of court watching and it's a great little story, but I got pulled over
[14:56.600 --> 15:03.560] by an Illinois state trooper and he tried to basically, you know, get me for, or not
[15:03.560 --> 15:07.720] get me, but Tanyu had, you know, the suspicion obviously of drinking and driving, but I wasn't
[15:07.720 --> 15:08.720] drinking and driving.
[15:08.720 --> 15:15.040] I had to go through the whole spiel with Eddie that Eddie recommends and it worked pretty
[15:15.040 --> 15:21.160] well and he, for some reason, I didn't have any money on me and he wouldn't give me an
[15:21.160 --> 15:30.840] eye bond, although an eye bond is one of the three forms of payment that he can take, you
[15:30.840 --> 15:39.200] know, for the ticket, and so I had questioned him about that and he said, no, I'm, you know,
[15:39.200 --> 15:46.560] cash or ID and that's it, and so I went back and looked at the penal code again and statutes
[15:46.560 --> 15:52.920] and it said that, you know, I can give my, I can get an eye bond and I'm not required
[15:52.920 --> 15:59.400] to give my license, so what I did is I just started calling his sergeants and the lieutenant
[15:59.400 --> 16:05.960] and the watch commander and the commander, you know, and just kind of made an issue.
[16:05.960 --> 16:06.960] Wait, wait a minute.
[16:06.960 --> 16:07.960] Wait a minute.
[16:07.960 --> 16:10.920] Are you saying you made a nuisance of yourself?
[16:10.920 --> 16:11.920] Yes.
[16:11.920 --> 16:12.920] Absolutely.
[16:12.920 --> 16:13.920] Wonderful.
[16:13.920 --> 16:14.920] Yeah.
[16:14.920 --> 16:15.920] Okay.
[16:15.920 --> 16:16.920] Go ahead.
[16:16.920 --> 16:17.920] Yeah.
[16:17.920 --> 16:25.840] So basically I said to him, you know, my license was supposed to be returned to the clerk
[16:25.840 --> 16:34.000] within 48 hours and he didn't return my license to the clerk and he was adamant about me giving
[16:34.000 --> 16:40.400] him cash and if he didn't take my license back to the clerk within 48 hours, you probably
[16:40.400 --> 16:43.520] didn't take all the cash that he collected that night.
[16:43.520 --> 16:48.840] Why is he holding people's cash and my license for 72 hours, 84 hours?
[16:48.840 --> 16:49.840] Okay.
[16:49.840 --> 16:50.840] Hang on.
[16:50.840 --> 16:51.840] Hang on.
[16:51.840 --> 16:52.840] We're going to break.
[16:52.840 --> 16:53.840] This is Randy Kelton.
[16:53.840 --> 16:54.840] Steve Skidmore.
[16:54.840 --> 16:55.840] Radio, I call in number 512-646-1984.
[16:55.840 --> 16:56.840] We'll be right back.
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[19:05.480 --> 19:18.680] Well, don't let nothing get to you, only the father can deliver you, don't let bad
[19:18.680 --> 19:27.680] people hurt you, until states can get behind you, you know what I mean, my friend, Nala
[19:27.680 --> 19:28.680] Jachandri.
[19:28.680 --> 19:48.040] Okay, we are back, Randy Kelton, Steve Skidmore, Rule of Law Radio, we're talking to Brian
[19:48.040 --> 19:56.720] in Illinois, and you know, Brian and I grew up in Chicago, so I remember that, but I had
[19:56.720 --> 20:03.160] forgotten the fact that the police can actually take bond from you on the side of the road
[20:03.160 --> 20:11.280] and they can take it in cash, and that just absolutely made them lying, thieving, graft-taking
[20:11.280 --> 20:12.280] SOBs.
[20:12.280 --> 20:20.080] Well, I brought up the fact to his supervisors that, you know, he's keeping my ID, and why
[20:20.080 --> 20:24.600] is he keeping it past the amount of time that's allowed it, you know, if it's supposed to
[20:24.600 --> 20:30.000] be at the clerk's office, and if not, there's something wrong with that, and why is he keeping
[20:30.000 --> 20:35.640] the cash for an extended amount of time, is he putting in his own account just to collect
[20:35.640 --> 20:36.640] the interest?
[20:36.640 --> 20:40.280] Do you have any casinos in your area?
[20:40.280 --> 20:43.000] Oh, yes, we do, and that was another issue.
[20:43.000 --> 20:48.240] Oh, you might want to go look in front of one of the slot machines you might find, Officer
[20:48.240 --> 20:49.240] O'Malley.
[20:49.240 --> 20:54.960] Yeah, so basically, I said to supervisors, I'm going to bring this issue up in court,
[20:54.960 --> 20:58.160] and I'm going to take them to court over the tickets and tell them that these tickets are
[20:58.160 --> 21:04.640] fraudulent, and so, the date came, I was one of the first people to be called up, and I
[21:04.640 --> 21:10.440] told them I want a trial, and I had all my paperwork ready, and the prosecutor said,
[21:10.440 --> 21:14.920] well, we got to give them some time to show up, and I said, no, I said 15 minutes, I said,
[21:14.920 --> 21:20.240] you don't want to give me 15 minutes, and I want 15 minutes, or I'm going to walk out,
[21:20.240 --> 21:26.200] and basically, his female partner showed up, went up to the prosecutor, went up to the
[21:26.200 --> 21:31.880] clerk, and then she left, and they called me up to dismiss the case, and it was for
[21:31.880 --> 21:41.400] 85 and a 55, and found two closely, both tickets, and one of them was Mr. Meener, because of
[21:41.400 --> 21:49.800] the speed, and then, what I did is I went court watching, I went and looked for my friend,
[21:49.800 --> 21:58.520] and basically, sat down as close as I could to him, and made eye contact with him, and
[21:58.520 --> 22:05.840] every time a case got called up, and he got called, and the prosecutors went out with
[22:05.840 --> 22:09.720] the other attorney to make a plea bargain, and I went out there and said that the officer
[22:09.720 --> 22:15.040] was rogue, and I was willing to testify against him and what he was doing, and that he wasn't
[22:15.040 --> 22:20.160] fit to be a police officer, and he wouldn't testify in any case for the rest of the day.
[22:20.160 --> 22:25.920] He didn't testify in my case or five or six other cases that I sat and watched.
[22:25.920 --> 22:28.760] Good for you.
[22:28.760 --> 22:36.920] We were saying on the breaks, but it's really, it's great to hear someone who listens to
[22:36.920 --> 22:45.720] us on the radio, and understands what we're talking about, and are able to actually put
[22:45.720 --> 22:46.720] it to use.
[22:46.720 --> 22:47.720] That is very gratifying.
[22:47.720 --> 22:51.600] Yeah, well, I got an even better one for you.
[22:51.600 --> 22:57.640] This poor lady, black lady, young nice lady, she got hit by a drunk driver.
[22:57.640 --> 23:00.320] Well, she keeps getting subpoenaed to court.
[23:00.320 --> 23:03.080] She has to miss court every day.
[23:03.080 --> 23:10.760] They subpoenaed her four times, and she is a victim, but she had lost over $400 in pay,
[23:10.760 --> 23:20.720] and basically, the other side was attempting to subpoena the nurse and the ambulance driver,
[23:20.720 --> 23:30.360] and so I pulled her aside and said, listen, man, tell this prosecutor and tell this judge
[23:30.360 --> 23:35.560] that you're going to file bar grievances against them because you're subpoenaing people that
[23:35.560 --> 23:40.760] are public officials that work for the city, that are on their payroll, and they're not
[23:40.760 --> 23:43.360] coming, and you're not doing anything about it.
[23:43.360 --> 23:48.720] But a layman or me, if I don't come, you throw us in jail, and tell them if they don't come
[23:48.720 --> 23:51.960] the next time, I'm going to file a bar grievance against them.
[23:51.960 --> 23:56.880] Well, she calls me maybe 35, 40 days later and thanks me and says that everything was
[23:56.880 --> 24:02.080] wrapped up and that she won her case, and the insurance company is going to try to get
[24:02.080 --> 24:05.080] her paid on everything.
[24:05.080 --> 24:06.080] Wonderful.
[24:06.080 --> 24:10.000] And then you should have seen the prosecutor.
[24:10.000 --> 24:14.040] He just looked at me like, who in the hell are you?
[24:14.040 --> 24:15.520] Why are you even bothering me?
[24:15.520 --> 24:16.520] Who are you?
[24:16.520 --> 24:18.520] You know what I mean?
[24:18.520 --> 24:23.760] I am your worst nightmare, Bubba.
[24:23.760 --> 24:28.960] This is the most powerful thing we can do.
[24:28.960 --> 24:35.040] Somebody out of the blue, somebody who's nobody comes in and just trashes your life.
[24:35.040 --> 24:40.880] This is how we, if we're going to get these guys to follow law, this is how we're going
[24:40.880 --> 24:41.880] to do it.
[24:41.880 --> 24:42.880] Yeah.
[24:42.880 --> 24:47.520] So I just want to thank you and just tell you that your timeline works on that real
[24:47.520 --> 24:48.520] estate thing.
[24:48.520 --> 24:51.080] And you really didn't mention it when you were working with that real estate lawyer
[24:51.080 --> 24:55.280] a couple of two, three weeks ago, and I thought that was important for both him to mention
[24:55.280 --> 24:59.120] and you to mention working with people.
[24:59.120 --> 25:05.560] I had a lawyer on and I was trying to be careful not, because I had never talked to him before.
[25:05.560 --> 25:07.600] Yeah, I understand.
[25:07.600 --> 25:13.240] So yeah, I didn't want to trip him up, but I've talked to him since then and I was really
[25:13.240 --> 25:14.800] pleased with this guy.
[25:14.800 --> 25:17.160] I might want to bring him back on.
[25:17.160 --> 25:19.200] I thought you both handled each other pretty well.
[25:19.200 --> 25:25.240] I mean, considering that you, you know, you're both kind of working different angles, you
[25:25.240 --> 25:26.240] know what I mean?
[25:26.240 --> 25:27.240] Yeah.
[25:27.240 --> 25:28.240] I don't know.
[25:28.240 --> 25:29.240] Talking about Jeff.
[25:29.240 --> 25:30.240] Yeah.
[25:30.240 --> 25:31.240] I'm talking about Jeff.
[25:31.240 --> 25:32.240] Yeah.
[25:32.240 --> 25:41.400] I went and interviewed Jeff and frankly I was testing him and I didn't get any red flags
[25:41.400 --> 25:43.000] from him.
[25:43.000 --> 25:47.080] So first lawyer that I haven't got red flags, I'm just real pleased.
[25:47.080 --> 25:49.400] That's why I use him.
[25:49.400 --> 25:50.400] Okay.
[25:50.400 --> 25:51.400] Thank you, Brian.
[25:51.400 --> 25:52.400] We're going to move ahead.
[25:52.400 --> 25:53.400] We've got a stack of callers.
[25:53.400 --> 25:54.400] Or anything else, Brian?
[25:54.400 --> 25:55.400] No, no, no.
[25:55.400 --> 26:01.520] I just wanted to tell you thank you and you know, have a nice night.
[26:01.520 --> 26:02.520] Okay.
[26:02.520 --> 26:06.520] Well, you can tell me, you can thank me for another segment if you want to that.
[26:06.520 --> 26:07.520] That'll work.
[26:07.520 --> 26:08.520] Yeah.
[26:08.520 --> 26:09.520] Okay.
[26:09.520 --> 26:10.520] Okay.
[26:10.520 --> 26:11.520] Don't take him seriously.
[26:11.520 --> 26:12.520] Okay.
[26:12.520 --> 26:13.520] Thank you, Brian.
[26:13.520 --> 26:19.240] Randy, Randy doesn't appreciate it when people play to his ego.
[26:19.240 --> 26:22.240] No, that's all right.
[26:22.240 --> 26:23.240] That's cool.
[26:23.240 --> 26:24.240] Okay.
[26:24.240 --> 26:25.240] Thank you, Brian.
[26:25.240 --> 26:28.840] Now we're going to go to Francis in Colorado.
[26:28.840 --> 26:31.040] Hello, Ms. Francis.
[26:31.040 --> 26:32.040] Hi, Randy.
[26:32.040 --> 26:34.080] Thanks for taking my call.
[26:34.080 --> 26:36.520] I'm kind of a little bit behind now.
[26:36.520 --> 26:42.320] So anyway, just I'm getting back in the saddle, working on the foreclosure since we've already
[26:42.320 --> 26:44.160] been foreclosed on.
[26:44.160 --> 26:48.880] And I've got the MCI, I've got the initial part of that.
[26:48.880 --> 26:53.120] And I just kind of need a little bit of guidance and a little bit of clarification and hopefully
[26:53.120 --> 26:59.080] it'll help other people too about finding a document to get a declaratory judgment against.
[26:59.080 --> 27:01.440] Like what kind of document am I looking at?
[27:01.440 --> 27:03.760] Like if I were to do something?
[27:03.760 --> 27:04.760] Okay.
[27:04.760 --> 27:08.720] This goes to the Declaratory Judgments Act.
[27:08.720 --> 27:11.720] Most every state has one.
[27:11.720 --> 27:19.480] In under Declaratory Judgments Act, you don't have to really bring a controversy to the
[27:19.480 --> 27:24.640] court like you would in a normal civil action.
[27:24.640 --> 27:30.800] You're coming to the court saying that here are the facts, here are the law, and we're
[27:30.800 --> 27:36.720] asking the court to make a ruling on facts and law.
[27:36.720 --> 27:45.200] It's especially, it's authorized under matters of claims against real property.
[27:45.200 --> 27:52.720] So when you do a petition for declaratory judgment, you do not want to ask for any damages.
[27:52.720 --> 27:54.720] No, no, no.
[27:54.720 --> 28:02.760] And you do not want to make any claims of harm against you.
[28:02.760 --> 28:07.080] You want to avoid making claims against the other party.
[28:07.080 --> 28:17.000] Now I have done that, but only for the purpose of disqualifying a document where I maintain
[28:17.000 --> 28:28.760] that the person who signed this document knowingly and deliberately perjured themselves and therefore
[28:28.760 --> 28:37.480] they can't come to the clerk because they have, under the Clean Hands Doctrine, they
[28:37.480 --> 28:46.960] have unclean hands because they produced this document under fraud or under violation of
[28:46.960 --> 28:51.320] some law, so therefore they can't come to the clerk.
[28:51.320 --> 28:54.760] But I generally stay away from that.
[28:54.760 --> 29:01.840] Like the quiet title, you only want to look at the four corners of the document you're
[29:01.840 --> 29:04.240] talking about.
[29:04.240 --> 29:12.600] Talk to someone today, they had a, got a loan by this one company, and then this other company
[29:12.600 --> 29:16.520] did an assignment to a third company.
[29:16.520 --> 29:18.600] So who's this other company?
[29:18.600 --> 29:25.040] There's nothing in the record showing that they have any authority to file a document-affecting
[29:25.040 --> 29:27.800] title.
[29:27.800 --> 29:30.920] And that goes right to the code.
[29:30.920 --> 29:35.160] So I don't make any arguments about whether this company has a claim or not.
[29:35.160 --> 29:38.760] I don't know if they have a claim or not, I don't care.
[29:38.760 --> 29:43.840] There's nothing in the record saying they do, therefore this document wasn't filed in
[29:43.840 --> 29:46.800] accordance with the rules of the court.
[29:46.800 --> 29:54.920] Hold on, Randy Kelton, Steve Skidmore, we have our radio, our call-in number, 512-646-1984.
[29:54.920 --> 30:05.200] We'll be right back.
[30:05.200 --> 30:07.880] Canada's taken a major step towards eliminating cash.
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[31:22.880 --> 31:31.640] I'm Dr. Catherine Albright for StartPage.com, the world's most private search engine.
[31:31.640 --> 31:37.000] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[31:37.000 --> 31:42.440] The government says that fire brought it down, however, 1,500 architects and engineers concluded
[31:42.440 --> 31:44.080] it was a controlled demolition.
[31:44.080 --> 31:48.160] Over 6,000 of my fellow service members have given their lives, and thousands of my fellow
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[31:56.040 --> 31:58.640] We're Americans, and we deserve the truth.
[31:58.640 --> 32:00.640] Go to RememberBuilding7.org today.
[32:00.640 --> 32:05.960] Rule of Law Radio is proud to offer the Rule of Law traffic seminar.
[32:05.960 --> 32:08.400] In today's America, we live in an us-against-them society.
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[33:33.640 --> 33:55.240] Okay, we are back, Brady Kelton, Steve Skidmore, Rule of Law Radio, and we were having way
[33:55.240 --> 33:57.360] too much fun on the break.
[33:57.360 --> 33:58.360] At my expense.
[33:58.360 --> 34:01.360] Well, that too.
[34:01.360 --> 34:07.080] Okay, Ms. Francis, where were we?
[34:07.080 --> 34:08.320] Oh, quiet title.
[34:08.320 --> 34:16.800] Yeah, you want to frame your argument so that you can ask the court to look at this four
[34:16.800 --> 34:23.800] corners of this document and determine from the four corners of the document and other
[34:23.800 --> 34:29.880] documents in the record that this document does not meet the filing requirements of the
[34:29.880 --> 34:30.880] court.
[34:30.880 --> 34:39.040] And ask them to rule not that the claimant doesn't have a claim, but only that the document
[34:39.040 --> 34:42.960] they filed was insufficient.
[34:42.960 --> 34:46.520] That's with the implication that they could come back and refile it.
[34:46.520 --> 34:53.280] However, if they've already did a foreclosure based on this document, then the foreclosure
[34:53.280 --> 34:58.080] becomes void as a matter of law.
[34:58.080 --> 35:03.760] We don't talk about that here, and if the other side brings it up, you object and move
[35:03.760 --> 35:11.000] for mistrial and file for sanctions against the lawyer for bringing it up because it's
[35:11.000 --> 35:14.080] irrelevant.
[35:14.080 --> 35:20.040] Your document does not become more valid because you depended on it to do something else that
[35:20.040 --> 35:23.640] without the document, you wouldn't have the authority to do.
[35:23.640 --> 35:26.560] Okay, does that make sense, Francis?
[35:26.560 --> 35:27.560] Yes.
[35:27.560 --> 35:29.760] So, let me ask you this then.
[35:29.760 --> 35:35.400] In Colorado, we have that qualified statement, a qualified holder.
[35:35.400 --> 35:39.960] And so, earlier in the phone call you were talking about, and I had done this wrong,
[35:39.960 --> 35:45.640] I asked the law firm for the power of attorney instead of asking the servicing company which
[35:45.640 --> 35:46.640] is now merged.
[35:46.640 --> 35:51.480] So, I need to redo that and ask to see the power of attorney for the person that signed
[35:51.480 --> 35:54.720] that document saying that they're...
[35:54.720 --> 35:55.720] Exactly.
[35:55.720 --> 36:03.640] ...a document, but that would also go to perjury, but...or would it?
[36:03.640 --> 36:05.120] Should I go down that path?
[36:05.120 --> 36:06.120] No.
[36:06.120 --> 36:09.320] And see where it leads, or...
[36:09.320 --> 36:12.320] With perjury, you need something definite.
[36:12.320 --> 36:16.360] Here, all you have is prima facie.
[36:16.360 --> 36:17.360] Okay.
[36:17.360 --> 36:23.440] Well, what kind of a document am I looking for then that I could use to...they used that
[36:23.440 --> 36:26.120] to begin the foreclosure.
[36:26.120 --> 36:27.120] Then the other...
[36:27.120 --> 36:28.120] Well, no, no, no.
[36:28.120 --> 36:30.200] This is...prima facie is good.
[36:30.200 --> 36:31.200] That's enough.
[36:31.200 --> 36:32.200] Oh, it is.
[36:32.200 --> 36:33.200] Okay.
[36:33.200 --> 36:34.200] Yeah.
[36:34.200 --> 36:39.880] In going for quiet title, you don't want to overplay your hand.
[36:39.880 --> 36:48.160] You definitely don't want to include other potential ramifications.
[36:48.160 --> 36:49.880] First off, they're irrelevant.
[36:49.880 --> 37:01.840] If the person committed perjury, for the most part, that's irrelevant as to the validity.
[37:01.840 --> 37:10.440] The thing that is likely to give you the easiest decision is not that the person committed
[37:10.440 --> 37:17.240] a criminal act when he properly filed this document.
[37:17.240 --> 37:30.520] So if the document appears to be proper, say I have Joblo lender grants the note, and then
[37:30.520 --> 37:41.680] Joblo lender transfers the security instrument to Bank of America, and Bank of America tries
[37:41.680 --> 37:43.680] to foreclose.
[37:43.680 --> 37:52.840] Well, Joblo lender's name was on the deed of trust, so Joblo lender had the authority
[37:52.840 --> 38:02.040] to file this document transferring the deed of trust to Bank of America.
[38:02.040 --> 38:06.080] On its face, it looks valid.
[38:06.080 --> 38:11.760] So I can't point to that and say, look at the four corners of this document, and you
[38:11.760 --> 38:14.600] can see that it does not meet the filing requirements.
[38:14.600 --> 38:18.880] Now I've got to find something else.
[38:18.880 --> 38:29.680] For instance, Joblo lender went out of business two years before Joblo lender supposedly requested
[38:29.680 --> 38:34.000] that Merge make this transfer.
[38:34.000 --> 38:41.960] Now while the document is facially valid, now I can bring in information to say somebody
[38:41.960 --> 38:51.760] signed this document as an agent for this company when the company didn't exist.
[38:51.760 --> 38:53.040] That's forgery.
[38:53.040 --> 38:56.720] That's aggravated perjury.
[38:56.720 --> 39:02.960] That's tampering with a government document that's curing, executing a document by deception.
[39:02.960 --> 39:08.240] And now we go to unclean hands because the document is facially valid.
[39:08.240 --> 39:16.360] Then we send a letter to Merge asking them for power of attorney for the signatory.
[39:16.360 --> 39:22.560] If we don't get the letter, now we have prima facie evidence that this person did not have
[39:22.560 --> 39:29.120] power of attorney to sign for Merge and say because of that, this document's insufficient
[39:29.120 --> 39:30.120] for filing.
[39:30.120 --> 39:36.360] If the company's out of business, then we can go to perjury, go to tampering with all
[39:36.360 --> 39:37.360] those criminal things.
[39:37.360 --> 39:43.360] Can I say something that might simplify things?
[39:43.360 --> 39:49.440] I'm confusing myself here, please.
[39:49.440 --> 39:59.760] I take for granted sometimes that most state statutes are very similar here in Texas under
[39:59.760 --> 40:01.200] a quiet title action.
[40:01.200 --> 40:04.840] Keep in mind that there are elements to everything in law.
[40:04.840 --> 40:11.720] Here in Texas is set forth in the case of Sadler v Duvall, Texas Appellate Court, Tex
[40:11.720 --> 40:13.760] Arcana, 1991.
[40:13.760 --> 40:19.480] There are three specific essential elements to a quiet title action.
[40:19.480 --> 40:25.360] One, an action in a specific property, or I'm sorry, cut, take two.
[40:25.360 --> 40:29.920] One, an interest in a specific property.
[40:29.920 --> 40:39.360] Two, the title to the property is, that title to the property is affected by the claim by
[40:39.360 --> 40:41.640] the defendant.
[40:41.640 --> 40:51.720] And three, the claim, although facially valid, is invalid or unenforceable.
[40:51.720 --> 40:59.360] Now check your state's statutes or case law or elements to see, and I'm relatively sure
[40:59.360 --> 41:05.920] that they'd be the same for a quiet title action, but keep your arguments centered on
[41:05.920 --> 41:07.240] those three elements.
[41:07.240 --> 41:14.400] If you meet all three of those elements, if your situation meets or exceeds all three
[41:14.400 --> 41:24.080] of those elements, you stand a good chance of getting through this thing unscathed, or
[41:24.080 --> 41:25.080] prevailing rather.
[41:25.080 --> 41:31.520] So this declares, you go to the quiet title first, is that the declaratory, is that?
[41:31.520 --> 41:34.720] Quiet title is a declaratory judgment.
[41:34.720 --> 41:35.720] Okay.
[41:35.720 --> 41:39.240] It is a form of declaratory judgment.
[41:39.240 --> 41:44.800] It is a form of declaratory, yeah, you're not seeking monetary damages in a quiet title.
[41:44.800 --> 41:50.520] All you're asking is for a cloud to be removed.
[41:50.520 --> 42:00.080] A quiet title action is often called a petition to remove cloud from title.
[42:00.080 --> 42:05.240] What you're basically claiming is that there is a cloud on your title.
[42:05.240 --> 42:12.560] There's something that has muddied up the waters in regard to who owns what claim, what
[42:12.560 --> 42:18.920] interest, whatever in the property or in the title to the property.
[42:18.920 --> 42:23.160] You're asking the court to remove that cloud.
[42:23.160 --> 42:33.320] Now keep in mind, if there is a lien holder and the lien holder has a monetary claim that
[42:33.320 --> 42:37.360] is not going to affect the underlying debt.
[42:37.360 --> 42:44.040] As a matter of fact, if there is a lien holder, it makes it more, it steepens the hill.
[42:44.040 --> 42:45.040] Okay.
[42:45.040 --> 42:51.920] Well, our house was foreclosed and we are no longer living in it, but it's being held
[42:51.920 --> 42:52.920] with a less pendant.
[42:52.920 --> 42:56.200] So it's not been sold, but I don't really want the property back.
[42:56.200 --> 43:01.440] But I have a quiet title action, but it was fairly complicated.
[43:01.440 --> 43:06.720] It wasn't a real simple thing, but I'm not asking for a claim, but I've had it on stay.
[43:06.720 --> 43:10.120] And I thought that I needed to do something before that.
[43:10.120 --> 43:11.120] And I think-
[43:11.120 --> 43:12.120] Okay.
[43:12.120 --> 43:13.120] Okay.
[43:13.120 --> 43:18.120] Randy had mentioned quiet title in his dissertation and I took for granted there ago with me going
[43:18.120 --> 43:23.880] to presuming things again that you had had a quiet title suit filed.
[43:23.880 --> 43:25.680] I do have one filed.
[43:25.680 --> 43:26.680] Okay.
[43:26.680 --> 43:32.640] But it is filed and it has been on a stay because of some other complications in my
[43:32.640 --> 43:33.640] life.
[43:33.640 --> 43:38.920] So I should just release the stay and let it go through and see what happens.
[43:38.920 --> 43:39.920] We're at the-
[43:39.920 --> 43:40.920] Absolutely.
[43:40.920 --> 43:41.920] Okay.
[43:41.920 --> 43:50.040] If you win the quiet title action, now your wrongful foreclosure is a fee to complain.
[43:50.040 --> 43:51.040] Okay.
[43:51.040 --> 43:52.040] It's a dumb deal.
[43:52.040 --> 43:54.080] It's just a matter of figuring out how much they owe you.
[43:54.080 --> 43:55.080] Hang on.
[43:55.080 --> 44:02.080] I'm going to go check out Steve Skidmore with our radio and we'll be right back.
[44:02.080 --> 44:03.080] Hello.
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[44:30.320 --> 44:36.920] Call 512-264-4043 or find us online at naturespureorganics.com.
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[44:43.160 --> 45:01.200] Don't forget to like us on Facebook for information on events and our products, naturespureorganics.com.
[45:01.200 --> 45:04.400] Are you the plaintiff or defendant in a lawsuit?
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[45:59.840 --> 46:14.080] Whoa, whoa, whoa, yeah.
[46:14.080 --> 46:33.320] Always, I must be careful what I'm wishing for, when I'm hungry, I like to know just what
[46:33.320 --> 46:34.320] I'm fishing for.
[46:34.320 --> 46:35.320] I ain't asking for much, I ain't crying, I need no bloodshed.
[46:35.320 --> 46:36.320] Okay, we are back.
[46:36.320 --> 46:47.200] Steve, Randy Kelton, Steve Skidmore, and we're talking with Frances in Colorado.
[46:47.200 --> 46:49.320] And where were we, Frances?
[46:49.320 --> 46:52.760] Did that pretty well answer your question or did you have more?
[46:52.760 --> 46:54.320] I have one more question then.
[46:54.320 --> 47:00.120] Okay, so I have everything all set up to remove my stay now that I have my standing back.
[47:00.120 --> 47:05.200] Would it be the smart thing to do to now include the affidavit of evidence and all the documentation
[47:05.200 --> 47:11.800] from the MCI into that evidence, because we're at the point where we've asked you.
[47:11.800 --> 47:15.440] If you're in a court of competent jurisdiction, absolutely.
[47:15.440 --> 47:16.680] Okay.
[47:16.680 --> 47:19.680] Your quiet title is going to that affidavit?
[47:19.680 --> 47:24.360] Well, you know what, my quiet title was written and submitted.
[47:24.360 --> 47:29.880] We actually filed a case on the 13th of February of last year, and then I lost standing.
[47:29.880 --> 47:36.640] No, hold on, hold on, what was the claim to quiet title?
[47:36.640 --> 47:40.200] What document did you challenge?
[47:40.200 --> 47:44.840] I challenged in the public record that the lender was out of the business and that they
[47:44.840 --> 47:46.760] were the only one on the public record and-
[47:46.760 --> 47:50.240] No, no, what document did you challenge?
[47:50.240 --> 47:51.240] I don't know that idea.
[47:51.240 --> 47:52.880] That's why I'm kind of asking.
[47:52.880 --> 47:56.320] I may have to, maybe I should pull my-
[47:56.320 --> 47:58.360] Okay, whoa, Frances.
[47:58.360 --> 48:06.440] On what document was that affidavit attached to?
[48:06.440 --> 48:11.760] Oh, I don't know that I did an affidavit in my quiet title, Randy.
[48:11.760 --> 48:21.200] No, no, no, the one that the lawyer produces that says that he has knowledge that the lender
[48:21.200 --> 48:23.560] has a claim against the property.
[48:23.560 --> 48:26.920] Oh, they qualified and request?
[48:26.920 --> 48:36.480] No, no, the one affidavit you complained about so much, you said was absolutely fraudulent.
[48:36.480 --> 48:37.480] Okay.
[48:37.480 --> 48:43.440] The affidavit that the lawyer had to file in order to do a foreclosure.
[48:43.440 --> 48:44.920] Business records affidavit?
[48:44.920 --> 48:48.280] No, it is a qualified holder statement.
[48:48.280 --> 48:51.360] There we go, qualified holder statement.
[48:51.360 --> 48:57.160] Such is that filed directly in the public record?
[48:57.160 --> 48:58.160] Trustee.
[48:58.160 --> 48:59.160] Yes, sir.
[48:59.160 --> 49:10.520] If it's in the record, is it in the county registrar's office or you said trustee?
[49:10.520 --> 49:15.480] Public trustee, that's part of the public record though, it's just not in the records
[49:15.480 --> 49:16.480] room.
[49:16.480 --> 49:18.480] You have to go upstairs into a different to the public trustee.
[49:18.480 --> 49:22.640] We don't have, you know, we don't assign different trustees, it's in the public trustee,
[49:22.640 --> 49:23.640] but they file that.
[49:23.640 --> 49:24.640] Yes, the public trustee.
[49:24.640 --> 49:31.360] So if it's filed in the record, in the public record, and it's necessary in order for the
[49:31.360 --> 49:37.240] foreclosure to occur, you want to challenge that document.
[49:37.240 --> 49:44.080] If you can prove that that document is fraudulent, you want to challenge that document.
[49:44.080 --> 49:50.480] And Francis, you had also mentioned that, did Joe do your work up?
[49:50.480 --> 49:53.640] He did, yes, sir.
[49:53.640 --> 49:54.640] Okay.
[49:54.640 --> 50:02.720] Everything he's done there goes straight to title.
[50:02.720 --> 50:10.440] Every fact in that analysis goes straight to title, so you are in a proper venue to
[50:10.440 --> 50:17.280] bring that in, in a quiet title, because this is what's going to prove what you're trying
[50:17.280 --> 50:18.280] to prove.
[50:18.280 --> 50:24.360] And if you're wanting to know what documents to mention, mention the ones that are in Joe's
[50:24.360 --> 50:25.360] analysis.
[50:25.360 --> 50:30.120] That's the ones that he's talking about, that's the ones that he found error in, those
[50:30.120 --> 50:35.600] are the documents that are pertinent to the investigation.
[50:35.600 --> 50:45.400] So, Joe's document will take you to the deed of trust, to any assignment, to any appointment.
[50:45.400 --> 50:52.600] It'll take you to any documents that he looked at and found error in.
[50:52.600 --> 50:57.280] So if you want to know what documents to attack, find the ones that have error in them and
[50:57.280 --> 50:59.280] attack them.
[50:59.280 --> 51:02.240] Okay, okay.
[51:02.240 --> 51:04.040] I will get on top of this.
[51:04.040 --> 51:06.520] I was further along than I realized.
[51:06.520 --> 51:07.520] Yes, ma'am.
[51:07.520 --> 51:08.520] Yes, ma'am.
[51:08.520 --> 51:14.000] You've got, properly adjudicated, you've got what it takes.
[51:14.000 --> 51:15.000] Okay.
[51:15.000 --> 51:16.000] Thank you so much.
[51:16.000 --> 51:17.000] You're welcome.
[51:17.000 --> 51:19.000] Y'all have a great night.
[51:19.000 --> 51:20.000] You, too.
[51:20.000 --> 51:21.000] You, too, Frances.
[51:21.000 --> 51:25.400] And the last thing I would want is Frances coming after me.
[51:25.400 --> 51:29.320] Thank you, Ms. Frances.
[51:29.320 --> 51:34.320] I know we don't need to say hang in there because I know she will.
[51:34.320 --> 51:39.320] Can I pick up Gary?
[51:39.320 --> 51:40.320] Sure.
[51:40.320 --> 51:42.320] Thank you, Frances.
[51:42.320 --> 51:44.760] Let's go to Gary in Texas.
[51:44.760 --> 51:45.760] Hello, Gary.
[51:45.760 --> 51:46.760] Hey, guys.
[51:46.760 --> 51:47.760] What's up this evening?
[51:47.760 --> 51:48.760] Glad to hear you call in tonight.
[51:48.760 --> 51:49.760] Yes, sir.
[51:49.760 --> 51:50.760] Hey, I'm involved in New Territory for me.
[51:50.760 --> 51:51.760] It's an administrative process.
[51:51.760 --> 51:52.760] Where are my youngins?
[51:52.760 --> 51:53.760] Youngins?
[51:53.760 --> 51:59.760] You've got youngins, too.
[51:59.760 --> 52:02.760] I've got youngins.
[52:02.760 --> 52:03.760] Everybody's got youngins.
[52:03.760 --> 52:04.760] Youngins.
[52:04.760 --> 52:05.760] Youngins.
[52:05.760 --> 52:17.360] Involved in an ALR hearing for a driver-licensed suspension, went to the hearing and discovered
[52:17.360 --> 52:28.960] that the statements of the officer who only appeared in writing contained errors and discovered
[52:28.960 --> 52:37.720] that there was quite a difference between his sworn affidavit criminal complaint and
[52:37.720 --> 52:42.240] his details of the incident.
[52:42.240 --> 52:52.280] In the details of the incident, he stated that my youngin was parked off of the highway
[52:52.280 --> 52:55.240] asleep in an automobile.
[52:55.240 --> 53:01.440] On his criminal statement, he states that he was driving an automobile while under the
[53:01.440 --> 53:08.000] influence of a controlled substance, introduction of alcohol, et cetera, et cetera.
[53:08.000 --> 53:12.200] Hold on, Gary.
[53:12.200 --> 53:17.480] Here's how the code goes on aggravated perjury.
[53:17.480 --> 53:25.440] If you have two mutually exclusive statements, you don't have to prove which one of them's
[53:25.440 --> 53:33.080] perjurious, only that because they're contradictory, one of them must be.
[53:33.080 --> 53:35.840] That's sufficient for a claim of aggravated perjury.
[53:35.840 --> 53:36.840] Right.
[53:36.840 --> 53:37.840] Right.
[53:37.840 --> 53:38.840] Okay.
[53:38.840 --> 53:39.840] I'll shut up.
[53:39.840 --> 53:42.440] That's fine.
[53:42.440 --> 53:49.560] Anyway, we went through all this and had about 35 different points in the hearing showing
[53:49.560 --> 53:57.280] that the officer's description had to be in error.
[53:57.280 --> 54:06.120] Then at the end of this, the judge says to the state attorney, do anything you want to
[54:06.120 --> 54:08.960] ask of the defendant.
[54:08.960 --> 54:15.760] She starts asking new questions and I said, you know, you're not really here to testify.
[54:15.760 --> 54:19.400] You're here for them to prove their case.
[54:19.400 --> 54:24.760] So he said, his answer was, you know, I'm not here to testify.
[54:24.760 --> 54:30.560] So immediately the state attorney says, move to strike all previous testimony.
[54:30.560 --> 54:32.960] The judge granted it.
[54:32.960 --> 54:34.840] At the time, I didn't understand what happened.
[54:34.840 --> 54:37.040] I do understand now.
[54:37.040 --> 54:39.720] So I asked the judge afterwards, I said, tell me what happened.
[54:39.720 --> 54:40.720] He explained it.
[54:40.720 --> 54:45.600] And he said, but listen, I heard the fact that it's strict and from the record doesn't
[54:45.600 --> 54:46.600] matter.
[54:46.600 --> 54:48.600] I heard everything that you said.
[54:48.600 --> 54:50.400] So I went, okay.
[54:50.400 --> 54:58.160] So we get the decision and the judge says that he grants the state the authority to
[54:58.160 --> 55:02.680] suspend the license for up to two years.
[55:02.680 --> 55:11.440] So before we got that decision, I went and filed a criminal complaint against the DPS
[55:11.440 --> 55:14.040] officer for aggravated perjury.
[55:14.040 --> 55:21.800] I filed a complaint of official misconduct against the state attorney for filing apparently
[55:21.800 --> 55:25.780] perjurious documents into the court record.
[55:25.780 --> 55:33.760] And I filed a complaint for aggravated kidnapping against the DPS officer because his statement
[55:33.760 --> 55:39.800] says that he arrested him, handcuffed him and took him straight to jail.
[55:39.800 --> 55:42.540] So to me, that's aggravated kidnapping.
[55:42.540 --> 55:52.000] So anyway, we're involved now applying for the appeal to the ALR hearing.
[55:52.000 --> 56:02.060] And my question is, since the testimony was stricken, are we forbidden from introducing
[56:02.060 --> 56:10.040] that information into the appeal hearing or not?
[56:10.040 --> 56:13.500] Oh, absolutely.
[56:13.500 --> 56:14.720] That's part of your appeal.
[56:14.720 --> 56:22.120] You appeal the fact that they struck testimony that was perjurious.
[56:22.120 --> 56:23.120] Okay.
[56:23.120 --> 56:24.120] Yeah.
[56:24.120 --> 56:31.120] You can appeal anything the judge did.
[56:31.120 --> 56:33.760] He doesn't get to hide it.
[56:33.760 --> 56:42.120] That is an interesting issue that the lawyer moved to strike the officer's testimony.
[56:42.120 --> 56:44.480] No, no.
[56:44.480 --> 56:55.280] My son's testimony, which describes the inconsistencies and false statements into an official government
[56:55.280 --> 56:56.280] document.
[56:56.280 --> 56:59.280] They struck all that.
[56:59.280 --> 57:07.200] Yeah, that's, it actually sounds correct.
[57:07.200 --> 57:19.720] So you may need to, because your son said he's not here to testify, had he already testified?
[57:19.720 --> 57:25.960] All he had done was he rebutted the officer's statement and said what happened.
[57:25.960 --> 57:26.960] Okay.
[57:26.960 --> 57:27.960] That was improper.
[57:27.960 --> 57:36.880] The son was not testifying, but was rebutting testimony that was given.
[57:36.880 --> 57:38.800] So absolutely appeal that.
[57:38.800 --> 57:39.800] Yes.
[57:39.800 --> 57:45.600] And just, I want to make sure that I'm giving you the correct information.
[57:45.600 --> 57:52.120] At the very end of the hearing, when the state attorney started asking him questions and
[57:52.120 --> 57:55.880] where she was going, she says, were you driving an automobile or I mean, were you driving
[57:55.880 --> 57:56.880] a motor vehicle?
[57:56.880 --> 57:58.440] Had you had anything to drink?
[57:58.440 --> 58:02.320] I said, I told him, I said, you're not here to testify.
[58:02.320 --> 58:05.920] We're here to see them prove their case.
[58:05.920 --> 58:11.560] So when he said, I don't want to answer those questions, that's when they moved to strike
[58:11.560 --> 58:17.640] all the previous testimony.
[58:17.640 --> 58:23.280] The previous testimony wasn't testimony if he was rebutted, if he was cross, was he cross
[58:23.280 --> 58:24.720] examining the officer?
[58:24.720 --> 58:27.720] Well, the officer wasn't there.
[58:27.720 --> 58:30.760] Oh, that's right.
[58:30.760 --> 58:32.720] He wasn't there.
[58:32.720 --> 58:34.040] Let me think about that over break.
[58:34.040 --> 58:41.760] This is Randy Kelton, Steve Kidmore, Rubah Radio, our call in number 512-646-1984.
[58:41.760 --> 58:47.000] This is our top of the hour break, so we'll be back in about three minutes.
[58:47.000 --> 58:50.320] So hang on if you've got a question or comment.
[58:50.320 --> 58:54.480] Would you like to make more definite progress in your walk with God?
[58:54.480 --> 58:59.640] Bibles for America is offering a free study Bible and a set of free Christian books that
[58:59.640 --> 59:01.000] can really help.
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[59:06.480 --> 59:10.360] It's an accurate translation and it contains thousands of footnotes that will help you
[59:10.360 --> 59:13.480] to know God and to know the meaning of life.
[59:13.480 --> 59:18.720] The free books are a three volume set called Basic Elements of the Christian Life.
[59:18.720 --> 59:23.000] Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan
[59:23.000 --> 59:27.920] of salvation, growing in Christ and how to build up the church.
[59:27.920 --> 59:32.960] To order your free New Testament Recovery Version and Basic Elements of the Christian
[59:32.960 --> 59:40.720] Life, call Bibles for America toll free at 888-551-0102.
[59:40.720 --> 59:48.320] That's 888-551-0102 or visit us online at bfa.org.
[59:48.320 --> 59:57.840] You're listening to the Logos Radio Network at logosradionetwork.com.
[59:57.840 --> 01:00:07.840] This is the Liberty Beat, your daily source for Liberty News and activist updates, online
[01:00:07.840 --> 01:00:08.840] at thelibertybeat.com.
[01:00:08.840 --> 01:00:14.360] I'm Brian Hagan with your Liberty Beat for Friday, March 28th, 2014.
[01:00:14.360 --> 01:00:24.200] Gold opened today at $1,288, silver opened at $19.67, while Bitcoin is trading at $514.35.
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[01:01:01.720 --> 01:01:06.240] In the news, Middleton, Idaho has unanimously voted to ban the implementation of indefinite
[01:01:06.240 --> 01:01:10.960] detention as outlined in the 2012 National Defense Authorization Act.
[01:01:10.960 --> 01:01:15.880] In a vote of 4-0, the city passed a resolution making Middleton the fifth city in the nation
[01:01:15.880 --> 01:01:22.560] and the second in Idaho to ban indefinite detention, sections 1021 and 1022 of the 2012
[01:01:22.560 --> 01:01:29.840] NDAA authorized indefinite military detention of any person without charge or trial.
[01:01:29.840 --> 01:01:32.920] Legal troubles for an anti-gun California state senator.
[01:01:32.920 --> 01:01:38.000] The San Jose Mercury News is reporting that Democratic Senator Leland Yee has been indicted
[01:01:38.000 --> 01:01:43.720] for conspiracy to traffic in firearms without license and to illegally import firearms.
[01:01:43.720 --> 01:01:48.280] He also faces six counts of corruption, which will be involved handing out favors for campaign
[01:01:48.280 --> 01:01:49.280] contributions.
[01:01:49.280 --> 01:01:57.440] Yee is described as one of the most outspoken California lawmakers against gun rights.
[01:01:57.440 --> 01:02:02.040] On March 20th, over 25 technology companies signed into a public letter asking Senator
[01:02:02.040 --> 01:02:07.200] Ron Wyden to oppose fast-track authority for trade agreements, such as the Trans-Pacific
[01:02:07.200 --> 01:02:08.200] Partnership.
[01:02:08.200 --> 01:02:12.560] Wyden, the new chairman of the Senate Finance Committee, has already spoken in favor of
[01:02:12.560 --> 01:02:15.960] transparency for the TPP negotiations.
[01:02:15.960 --> 01:02:20.520] The companies are asking Wyden to use his new position to reject fast-track, also known
[01:02:20.520 --> 01:02:24.920] as trade promotion authority, which gives the White House more power and influence over
[01:02:24.920 --> 01:02:26.920] international trade agreements.
[01:02:26.920 --> 01:02:30.600] Support for Liberty Beat comes from Dorothy Arminger at Cap Star Lending.
[01:02:30.600 --> 01:02:33.680] Dorothy can walk you through the ins and outs of buying a home.
[01:02:33.680 --> 01:02:43.320] Give her a call 512-343-6494 or apply online at calldorothy.com and MLS-216-624.
[01:02:43.320 --> 01:02:45.360] Support also comes from Soleil School.
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[01:02:52.080 --> 01:02:56.440] This is the Liberty Beat for Friday, March 28, 2014.
[01:02:56.440 --> 01:03:03.440] Check out the website at theLibertyBeat.com
[01:03:26.440 --> 01:03:33.440] for more information on the Liberty Beat for Friday, March 28, 2014
[01:03:56.440 --> 01:04:16.440] Okay, we are back, Randy Kelton, Steve Skidmore, Ruth LaLeo, and we're talking to Gary in Texas.
[01:04:16.440 --> 01:04:27.200] Steve and I kind of kicked this around over the break and the prosecutor committed subordination
[01:04:27.200 --> 01:04:36.760] of perjury and that had the effect of denying your son due process.
[01:04:36.760 --> 01:04:37.760] That's the claim you'll have.
[01:04:37.760 --> 01:04:38.760] Okay.
[01:04:38.760 --> 01:04:39.760] You there, Gary?
[01:04:39.760 --> 01:04:40.760] Yes, sir.
[01:04:40.760 --> 01:04:41.760] I'm writing.
[01:04:41.760 --> 01:04:48.320] I was trying to figure out how to get to that.
[01:04:48.320 --> 01:05:01.560] If all the judge had before him was the testimony of the officer, since he struck all the testimony
[01:05:01.560 --> 01:05:08.180] of your son, then the judge would have to rule on that information and because the testimony
[01:05:08.180 --> 01:05:17.600] of the officer was perjured, actually that testimony wasn't perjured.
[01:05:17.600 --> 01:05:24.000] The previous testimony was perjured.
[01:05:24.000 --> 01:05:25.000] Can you explain that?
[01:05:25.000 --> 01:05:27.680] I'm not, I don't quite understand that.
[01:05:27.680 --> 01:05:34.280] Well apparently at this hearing, the officer told the truth.
[01:05:34.280 --> 01:05:36.880] Well the officer wasn't there.
[01:05:36.880 --> 01:05:39.640] He told the truth by affidavit.
[01:05:39.640 --> 01:05:41.760] Well no, he didn't.
[01:05:41.760 --> 01:05:47.000] Then how did his testimony get entered?
[01:05:47.000 --> 01:05:50.480] Here's the problem.
[01:05:50.480 --> 01:05:59.560] The documents that were presented by the state attorney were one, his criminal complaint,
[01:05:59.560 --> 01:06:07.320] which states, it doesn't state I believe or have reason to believe, it said that the defendant
[01:06:07.320 --> 01:06:14.280] did drive or operate a motor vehicle in a public place while under the influence of
[01:06:14.280 --> 01:06:15.280] alcohol.
[01:06:15.280 --> 01:06:22.280] But yet his written details of the incident state that-
[01:06:22.280 --> 01:06:25.600] Wait, was that also before the court?
[01:06:25.600 --> 01:06:26.600] Yes.
[01:06:26.600 --> 01:06:27.600] Oh, okay.
[01:06:27.600 --> 01:06:31.800] So we have contradictory evidence before the court.
[01:06:31.800 --> 01:06:32.800] Okay, beautiful.
[01:06:32.800 --> 01:06:33.800] Right.
[01:06:33.800 --> 01:06:39.080] Which is why I filed a criminal complaint against him with the DA for aggravated perjury
[01:06:39.080 --> 01:06:47.560] because in the incident report it states that the automobile was parked off of the highway,
[01:06:47.560 --> 01:06:49.960] which is not in a public place.
[01:06:49.960 --> 01:06:56.880] The defendant was asleep in the vehicle and had been asleep for several hours and yet
[01:06:56.880 --> 01:07:03.000] his criminal complaint says he was driving and operating a motor vehicle in a public
[01:07:03.000 --> 01:07:04.920] place while under the influence.
[01:07:04.920 --> 01:07:08.160] I'm going, who saw him?
[01:07:08.160 --> 01:07:13.640] How can you make that statement when you have said over here that you found him asleep in
[01:07:13.640 --> 01:07:17.360] the car off the highway?
[01:07:17.360 --> 01:07:19.880] There was no blood test.
[01:07:19.880 --> 01:07:20.880] There was no-
[01:07:20.880 --> 01:07:27.480] Okay, wait, wait, here we don't want to argue the merits of the case.
[01:07:27.480 --> 01:07:31.120] Here we have two sets of testimony.
[01:07:31.120 --> 01:07:32.120] Correct.
[01:07:32.120 --> 01:07:39.120] One in the criminal affidavit or in the criminal complaint and the other in a, was it a police
[01:07:39.120 --> 01:07:40.120] report?
[01:07:40.120 --> 01:07:43.240] Yes, like an officer's incident report.
[01:07:43.240 --> 01:07:44.240] Okay.
[01:07:44.240 --> 01:07:48.160] And they're mutually exclusive.
[01:07:48.160 --> 01:07:53.400] If the one was accurate, the other one would have to be fraudulent or false.
[01:07:53.400 --> 01:08:02.520] So this testimony before this year, I thought if he only had the portion where he said he
[01:08:02.520 --> 01:08:07.280] was asleep on the side of the road, that was true.
[01:08:07.280 --> 01:08:11.760] And if that's all that was before the court, then you wouldn't have a claim.
[01:08:11.760 --> 01:08:20.640] But if you have both of them, that's subordination, a perjury on the part of the prosecutor, aggravated
[01:08:20.640 --> 01:08:27.040] perjury on the part of the police officer, and denial of due process by the judge.
[01:08:27.040 --> 01:08:30.160] The judge should get a complaint against him as well.
[01:08:30.160 --> 01:08:34.960] Since it's an administrative hearing, he may not actually be a judge.
[01:08:34.960 --> 01:08:38.720] They tend to call him judges, but that doesn't mean he actually is a judge that would be
[01:08:38.720 --> 01:08:39.720] able-
[01:08:39.720 --> 01:08:47.640] Steve, do you know if these guys are covered by the state commission on judicial conduct?
[01:08:47.640 --> 01:08:50.920] I would think they are.
[01:08:50.920 --> 01:08:55.280] This is an administrative hearing, so he's not necessarily-
[01:08:55.280 --> 01:08:57.400] They're still officers of the court.
[01:08:57.400 --> 01:09:02.960] Yeah, but I'm not sure how, that's kind of a technical question I guess we could check
[01:09:02.960 --> 01:09:03.960] and see.
[01:09:03.960 --> 01:09:12.480] But at the very least, he is a bar attorney and a bar grievance or two, or a dozen, would
[01:09:12.480 --> 01:09:15.000] certainly be apropos.
[01:09:15.000 --> 01:09:16.880] Absolutely.
[01:09:16.880 --> 01:09:17.880] That's just for yucks.
[01:09:17.880 --> 01:09:25.120] Just to let him know you know how to do it.
[01:09:25.120 --> 01:09:29.720] But since it is an administrative hearing, he may not actually fall under the state commission
[01:09:29.720 --> 01:09:30.720] on judicial conduct.
[01:09:30.720 --> 01:09:39.000] But if he's a bar card carrying attorney, he certainly falls under the bar grievance.
[01:09:39.000 --> 01:09:45.080] But this should get a due process complaint against all three of them.
[01:09:45.080 --> 01:09:51.880] Now do you know, Randy, because this is brand new territory for me, I really don't know.
[01:09:51.880 --> 01:09:53.960] I'm trying to learn right now.
[01:09:53.960 --> 01:10:03.320] Is the appeal handled in county court, in the county where the incident allegedly took
[01:10:03.320 --> 01:10:04.800] place?
[01:10:04.800 --> 01:10:05.800] I'm not sure.
[01:10:05.800 --> 01:10:12.640] No, that should be in the Texas administrative code because this is not exactly a court hearing.
[01:10:12.640 --> 01:10:19.240] This is strictly, this is a licensing issue.
[01:10:19.240 --> 01:10:23.560] This would fall under the professions code.
[01:10:23.560 --> 01:10:27.000] What's it called, Steve?
[01:10:27.000 --> 01:10:28.000] Something in professions code.
[01:10:28.000 --> 01:10:34.920] I think it's chapter 78 of the Texas, I think it's Texas professions code.
[01:10:34.920 --> 01:10:35.920] Here's what makes me-
[01:10:35.920 --> 01:10:36.920] Occupation code?
[01:10:36.920 --> 01:10:37.920] Occupation code.
[01:10:37.920 --> 01:10:38.920] There we go.
[01:10:38.920 --> 01:10:39.920] Yeah.
[01:10:39.920 --> 01:10:43.320] Here's what makes me ask the question.
[01:10:43.320 --> 01:10:48.320] In the document, I requested a copy of the transcript, which by the way is going to cost
[01:10:48.320 --> 01:11:00.360] me $160, and it said one of the instructions was to please fax a copy to the administrative
[01:11:00.360 --> 01:11:10.200] hearing office, fax a copy of the certified petition filed with the county court.
[01:11:10.200 --> 01:11:16.680] It sounds like they're implying that this cause of action for the appeal hearing will
[01:11:16.680 --> 01:11:21.400] be in county court.
[01:11:21.400 --> 01:11:22.400] Could be.
[01:11:22.400 --> 01:11:23.400] I couldn't say.
[01:11:23.400 --> 01:11:24.400] This is-
[01:11:24.400 --> 01:11:25.400] Yeah.
[01:11:25.400 --> 01:11:27.400] Administrative is not something I'm really familiar with.
[01:11:27.400 --> 01:11:29.440] You might talk to Eddie.
[01:11:29.440 --> 01:11:31.200] He might know more about that part.
[01:11:31.200 --> 01:11:32.200] Yeah, Eddie.
[01:11:32.200 --> 01:11:33.200] Yeah.
[01:11:33.200 --> 01:11:34.200] Absolutely.
[01:11:34.200 --> 01:11:35.200] Okay.
[01:11:35.200 --> 01:11:40.360] Well, you managed to stump the chumps.
[01:11:40.360 --> 01:11:44.280] It's a first.
[01:11:44.280 --> 01:11:47.360] Criminal law never was my forte.
[01:11:47.360 --> 01:11:51.960] That's why I could never stay out of trouble when I was a kid.
[01:11:51.960 --> 01:11:57.800] Criminal is mine, but this is administrative, and I don't get into that much.
[01:11:57.800 --> 01:12:03.920] Well, it's criminal what's happening in this administrative process, I will tell you that.
[01:12:03.920 --> 01:12:04.920] Let's settle at that.
[01:12:04.920 --> 01:12:05.920] Yes, I agree.
[01:12:05.920 --> 01:12:06.920] Yeah.
[01:12:06.920 --> 01:12:07.920] It's different.
[01:12:07.920 --> 01:12:16.200] As I read the code in the case law, a suit against this prosecutor, he's not a prosecutor
[01:12:16.200 --> 01:12:27.800] here, so he doesn't have the protections that a prosecutor does.
[01:12:27.800 --> 01:12:31.120] He's just a lawyer representing the state's interest.
[01:12:31.120 --> 01:12:37.880] This is not a criminal proceeding, so he doesn't have the prosecutorial protections from suit.
[01:12:37.880 --> 01:12:41.920] He's fair game.
[01:12:41.920 --> 01:12:45.400] You might look at Sue and all of them, and the judge is an administrative judge.
[01:12:45.400 --> 01:12:51.880] He don't have any protection either.
[01:12:51.880 --> 01:12:55.360] You might send a tort letter to the county.
[01:12:55.360 --> 01:13:01.400] Are they acting under the auspices of the county or the state?
[01:13:01.400 --> 01:13:05.080] This is state administrative hearing.
[01:13:05.080 --> 01:13:12.120] So Steve, okay, if you sue a county official, you have to notify the County Commissioners
[01:13:12.120 --> 01:13:13.120] Court.
[01:13:13.120 --> 01:13:20.640] But if you sue a state official, do you have to give them the 60 days notice, an opportunity
[01:13:20.640 --> 01:13:23.920] like you do in a county official?
[01:13:23.920 --> 01:13:35.600] As I recall, that 60 day notice requirement is a county law and not a state law.
[01:13:35.600 --> 01:13:36.600] But in any case-
[01:13:36.600 --> 01:13:37.600] You're asking me.
[01:13:37.600 --> 01:13:38.600] You're asking the wrong guy.
[01:13:38.600 --> 01:13:39.600] I don't know.
[01:13:39.600 --> 01:13:40.600] Okay.
[01:13:40.600 --> 01:13:50.480] In any case, I would send both lawyers and the officer, because the officer's testimony
[01:13:50.480 --> 01:13:57.240] here is in an administrative court and not in his capacity as a police officer, so none
[01:13:57.240 --> 01:13:59.520] of them should have any protection.
[01:13:59.520 --> 01:14:03.320] So you send all three of them a notice that you have your son send them that he's been
[01:14:03.320 --> 01:14:05.840] harmed.
[01:14:05.840 --> 01:14:08.640] How much is your due process rights worth?
[01:14:08.640 --> 01:14:09.640] Yeah.
[01:14:09.640 --> 01:14:19.840] Write in a figure and make me hold to be sued, give them 60 days and file suit the 61st day.
[01:14:19.840 --> 01:14:31.040] Yeah, there's also the other issue of whether or not the district attorney is going to file
[01:14:31.040 --> 01:14:39.400] an information with the grand jury for the criminal complaints I filed against the DPS
[01:14:39.400 --> 01:14:42.280] officer and the state attorney.
[01:14:42.280 --> 01:14:46.280] You know for certain he's not going to do that.
[01:14:46.280 --> 01:14:48.720] Pretty sure he's not going to.
[01:14:48.720 --> 01:14:52.240] So when he doesn't, what's the next step?
[01:14:52.240 --> 01:14:59.680] The next step would be to file a complaint against him, a criminal complaint for, I can
[01:14:59.680 --> 01:15:06.720] think of shielding from prosecution is one.
[01:15:06.720 --> 01:15:16.080] Official misconduct by virtue of a direct violation of 2.03, Code of Criminal Procedure.
[01:15:16.080 --> 01:15:17.080] Yeah.
[01:15:17.080 --> 01:15:22.800] Who would you file it with?
[01:15:22.800 --> 01:15:27.120] File that with the, would I go to the district court judge?
[01:15:27.120 --> 01:15:33.920] Would that go to the state, to the Texas Supreme Court magistrate?
[01:15:33.920 --> 01:15:36.920] No, not yet.
[01:15:36.920 --> 01:15:37.920] Texas attorney general.
[01:15:37.920 --> 01:15:43.240] Texas attorney general, that's right because he's got direct jurisdiction, doesn't he?
[01:15:43.240 --> 01:15:44.240] Exactly.
[01:15:44.240 --> 01:15:48.600] 2009.015, passed in 2007.
[01:15:48.600 --> 01:15:56.320] In matters of complaints against public officials, the attorney general has concurrent jurisdiction
[01:15:56.320 --> 01:15:59.400] with the local prosecuting attorney.
[01:15:59.400 --> 01:16:01.480] Yes, there you go.
[01:16:01.480 --> 01:16:08.520] So you file, since your second complaint is against the district attorney, you file the
[01:16:08.520 --> 01:16:13.520] complaint against the district attorney with the attorney general since you can't file
[01:16:13.520 --> 01:16:18.320] a complaint against the district attorney with the district attorney.
[01:16:18.320 --> 01:16:22.680] I've got to say I'll be filing against Craig Watkins here very shortly with the attorney
[01:16:22.680 --> 01:16:26.360] general.
[01:16:26.360 --> 01:16:30.320] And he will refuse to act and then we go to the chief justice.
[01:16:30.320 --> 01:16:36.400] And when he refuses to act, we come back to the grand jury and ask them to indict the
[01:16:36.400 --> 01:16:37.400] chief justice.
[01:16:37.400 --> 01:16:42.080] That might give us a little politics.
[01:16:42.080 --> 01:16:46.360] Okay, okay, have we about handled everything?
[01:16:46.360 --> 01:16:47.360] Yeah.
[01:16:47.360 --> 01:16:48.360] Gary?
[01:16:48.360 --> 01:16:49.360] Appreciate it.
[01:16:49.360 --> 01:16:50.360] Yes, sir.
[01:16:50.360 --> 01:16:51.360] Thank you very much.
[01:16:51.360 --> 01:16:52.360] Okay.
[01:16:52.360 --> 01:16:53.360] Thank you, Gary.
[01:16:53.360 --> 01:16:54.360] This is Randy Kelton, Steve Skidmore, Rouvlar Radio.
[01:16:54.360 --> 01:16:55.360] I'll call it number 512-646-1984.
[01:16:55.360 --> 01:16:56.360] We'll be right back.
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[01:19:24.840 --> 01:19:54.240] Okay, we are back, Randy Kelton, Steve Skidmore with La Radio, and we're going to
[01:19:54.240 --> 01:19:57.240] Renee in Texas.
[01:19:57.240 --> 01:19:58.240] Hello, Renee.
[01:19:58.240 --> 01:19:59.240] Hey, Randy.
[01:19:59.240 --> 01:20:00.240] What's going on?
[01:20:00.240 --> 01:20:01.240] Oh, we're doing really good today.
[01:20:01.240 --> 01:20:02.240] We're trudging through.
[01:20:02.240 --> 01:20:03.240] We've got two more segments.
[01:20:03.240 --> 01:20:04.240] Oh, man.
[01:20:04.240 --> 01:20:05.240] I think.
[01:20:05.240 --> 01:20:06.240] Two, three.
[01:20:06.240 --> 01:20:07.240] Yeah, we got two.
[01:20:07.240 --> 01:20:08.240] What do you have for us today?
[01:20:08.240 --> 01:20:11.240] Well, I wanted to talk to you about mediation.
[01:20:11.240 --> 01:20:31.960] I'm in the mediation stage here with my foreclosure suit against Bank of America, and I wanted
[01:20:31.960 --> 01:20:36.000] to get a little, a few pointers from you.
[01:20:36.000 --> 01:20:44.000] I don't know if you've ever been in this or made it all the way to mediation with this.
[01:20:44.000 --> 01:20:48.240] Okay, here's the deal.
[01:20:48.240 --> 01:20:57.840] There's a very good chance that the entity claiming authority to foreclose is not in
[01:20:57.840 --> 01:21:07.120] any way connected with the entity holding the beneficial interest of the note.
[01:21:07.120 --> 01:21:15.560] So if that's the case, they couldn't modify your note no matter what.
[01:21:15.560 --> 01:21:19.240] Steve, you could probably address this better than me.
[01:21:19.240 --> 01:21:20.240] Correct.
[01:21:20.240 --> 01:21:21.240] I'm sorry.
[01:21:21.240 --> 01:21:22.240] I missed that.
[01:21:22.240 --> 01:21:24.040] I was reading something.
[01:21:24.040 --> 01:21:34.960] He's going into mediation, and the mediation is not an area that I'm very well versed in.
[01:21:34.960 --> 01:21:39.400] I know it's quite often a trap.
[01:21:39.400 --> 01:21:43.200] You got to really watch what's coming out of these lawyers' mouths.
[01:21:43.200 --> 01:21:44.200] Yeah.
[01:21:44.200 --> 01:21:51.560] Well, we have a bunch of lawyers here who most likely don't own the beneficial interest
[01:21:51.560 --> 01:22:00.520] of the product, so they can't grant any kind of modification that would affect the collateral
[01:22:00.520 --> 01:22:04.280] base of the security instrument.
[01:22:04.280 --> 01:22:05.280] Right.
[01:22:05.280 --> 01:22:08.280] They don't own the whole thing.
[01:22:08.280 --> 01:22:12.000] What are they offering in mediation?
[01:22:12.000 --> 01:22:14.560] That's one of those things you don't know until you get there.
[01:22:14.560 --> 01:22:15.560] Correct.
[01:22:15.560 --> 01:22:18.560] Here's the thing.
[01:22:18.560 --> 01:22:27.440] The attorneys who had filed the writ of position after the foreclosure, they are no longer
[01:22:27.440 --> 01:22:36.880] on the case here, on the foreclosure case against the Bank of America, but see, I named
[01:22:36.880 --> 01:22:41.840] Bank of America, MERS, and-
[01:22:41.840 --> 01:22:42.840] Hold on.
[01:22:42.840 --> 01:22:43.840] You're not...
[01:22:43.840 --> 01:22:44.840] We're kind of in the middle of something.
[01:22:44.840 --> 01:22:45.840] Okay.
[01:22:45.840 --> 01:22:47.840] Did you sue them?
[01:22:47.840 --> 01:22:48.840] Yes.
[01:22:48.840 --> 01:22:58.440] I sued Federal Home Loans, Bank of America, and MERS all on the wrongful foreclosure suit
[01:22:58.440 --> 01:23:01.480] that I originally filed.
[01:23:01.480 --> 01:23:02.680] Okay.
[01:23:02.680 --> 01:23:08.920] What was your claim for wrongful foreclosure?
[01:23:08.920 --> 01:23:20.840] Well, the claim was that the First Amendment complaint was that Bank of America didn't
[01:23:20.840 --> 01:23:32.520] have any right to foreclose because there's basically because I was trying to get a modification
[01:23:32.520 --> 01:23:40.480] for my loan when they first, they were still helping me, or supposedly-
[01:23:40.480 --> 01:23:41.480] Wait a minute.
[01:23:41.480 --> 01:23:42.480] Wait a minute.
[01:23:42.480 --> 01:23:43.480] Wait a minute.
[01:23:43.480 --> 01:23:44.480] Hold on.
[01:23:44.480 --> 01:23:45.480] There is a problem here.
[01:23:45.480 --> 01:23:53.640] If you have filed suit against them, you should be able to very quickly tell me what the causes
[01:23:53.640 --> 01:23:55.640] of action were.
[01:23:55.640 --> 01:23:57.000] Okay.
[01:23:57.000 --> 01:24:00.440] Did you write the suit yourself?
[01:24:00.440 --> 01:24:07.960] Well, filing fraudulent documents into the county court records.
[01:24:07.960 --> 01:24:09.480] Wait a minute.
[01:24:09.480 --> 01:24:12.960] Did you write this suit or did the lawyer write it?
[01:24:12.960 --> 01:24:14.560] My lawyer did it.
[01:24:14.560 --> 01:24:15.560] Oh, okay.
[01:24:15.560 --> 01:24:16.560] Okay.
[01:24:16.560 --> 01:24:21.040] The reason I was asking that is that's probably why you don't know what the causes of action
[01:24:21.040 --> 01:24:23.520] are because you didn't write it.
[01:24:23.520 --> 01:24:24.520] So that makes sense.
[01:24:24.520 --> 01:24:25.520] Okay.
[01:24:25.520 --> 01:24:26.520] Makes sense, right?
[01:24:26.520 --> 01:24:27.520] Yes.
[01:24:27.520 --> 01:24:33.600] If you had written it, I would expect you to know what the causes of action are.
[01:24:33.600 --> 01:24:38.840] But since you didn't write it, then okay, he's claiming, it sounds like he's in the
[01:24:38.840 --> 01:24:39.840] right place.
[01:24:39.840 --> 01:24:41.280] He's claiming the documents.
[01:24:41.280 --> 01:24:51.880] The problem is he should not have filed this as a wrongful foreclosure until he had filed
[01:24:51.880 --> 01:24:56.320] a quiet title action.
[01:24:56.320 --> 01:25:05.000] If he's going after wrongful foreclosure, that's a lot harder to prove up than a quiet
[01:25:05.000 --> 01:25:06.000] title.
[01:25:06.000 --> 01:25:11.760] He should go after a quiet title and you might ask him about, if it's already been foreclosed
[01:25:11.760 --> 01:25:20.480] on, then you might ask him about moving for a stay in this case and petition for trespass
[01:25:20.480 --> 01:25:29.640] to try title, especially if he has claims about the validity of documents filed in the
[01:25:29.640 --> 01:25:39.080] county record and the trespass to try title will only go to the validity of those documents.
[01:25:39.080 --> 01:25:47.600] It really narrows the scope of what the court has to look at and by challenging the validity
[01:25:47.600 --> 01:25:54.640] of the document, you're not asking the court to rule whether or not the bank had a right
[01:25:54.640 --> 01:25:57.240] to sell the property.
[01:25:57.240 --> 01:25:58.400] That's not an issue here.
[01:25:58.400 --> 01:26:09.000] The only issue here is, is this document valid?
[01:26:09.000 --> 01:26:14.040] You get that ruling, then the wrongful foreclosure becomes a done deal.
[01:26:14.040 --> 01:26:28.880] Here's the thing, Randy, this last status conference actually was a hearing that those
[01:26:28.880 --> 01:26:37.720] attorneys set up a court date for a hearing and they didn't show up, so I filed a motion
[01:26:37.720 --> 01:26:47.520] to default judgment and when I got at the hearing, or I asked for a default judgment
[01:26:47.520 --> 01:26:57.440] at the hearing and the judge said, oh, this is just a status conference and I said, no,
[01:26:57.440 --> 01:26:58.440] it wasn't.
[01:26:58.440 --> 01:27:03.920] I mean, I thought it was a default judge, I mean, it was a hearing for their motion
[01:27:03.920 --> 01:27:11.080] to dismiss because they had filed a motion to dismiss and then they show up.
[01:27:11.080 --> 01:27:15.600] The judge led me to believe that it was a status conference, so I said, okay, we'll
[01:27:15.600 --> 01:27:16.600] set it up for a hearing.
[01:27:16.600 --> 01:27:20.920] Wait a minute, where was your lawyer?
[01:27:20.920 --> 01:27:26.920] I'm representing myself, but my attorney is writing my stuff, my paperwork.
[01:27:26.920 --> 01:27:27.920] Oh, okay.
[01:27:27.920 --> 01:27:28.920] Oh, okay.
[01:27:28.920 --> 01:27:29.920] Okay.
[01:27:29.920 --> 01:27:30.920] Okay.
[01:27:30.920 --> 01:27:32.920] Was this the first hearing you've been to?
[01:27:32.920 --> 01:27:33.920] No, no, no.
[01:27:33.920 --> 01:27:37.360] This is, I don't know how many hearings I've...
[01:27:37.360 --> 01:27:40.280] Then you need to file, you need to look at that.
[01:27:40.280 --> 01:27:42.200] There's no way this is a status conference.
[01:27:42.200 --> 01:27:43.200] Oh, yeah.
[01:27:43.200 --> 01:27:53.880] It clearly says, not just that, but the attorneys filed a notice of hearing, it said, for last
[01:27:53.880 --> 01:28:02.400] month and they didn't appear, so they set it up for the following, like two weeks later
[01:28:02.400 --> 01:28:11.680] and at that hearing, I told the attorney, I told the judge, listen, this was clearly
[01:28:11.680 --> 01:28:12.680] a status conference.
[01:28:12.680 --> 01:28:13.680] Oh, no, no, I'm sorry.
[01:28:13.680 --> 01:28:22.800] I saw the motion for refusal after that because he was, apparently he was fighting with the
[01:28:22.800 --> 01:28:23.800] attorney.
[01:28:23.800 --> 01:28:33.080] So we had the hearing for the recusal a couple of weeks ago, two or three weeks ago and at
[01:28:33.080 --> 01:28:38.880] the recusal hearing, I told them about that they had filed a motion to dismiss and they
[01:28:38.880 --> 01:28:43.600] weren't there, so I had to have a default judgment against them.
[01:28:43.600 --> 01:28:51.600] And then he said, you know what, I talked to another judge about my case, he talked
[01:28:51.600 --> 01:28:57.200] to another judge about our case, about my case, and the judge agreed that he was going
[01:28:57.200 --> 01:29:09.160] to mediate because he said the judge wants us in our home and we have to get something
[01:29:09.160 --> 01:29:10.160] settled.
[01:29:10.160 --> 01:29:11.160] Okay, okay.
[01:29:11.160 --> 01:29:15.240] Is this in the state court or federal court?
[01:29:15.240 --> 01:29:18.640] No, federal court.
[01:29:18.640 --> 01:29:25.320] Did you, okay, did you file this in the federal court or the state court?
[01:29:25.320 --> 01:29:26.320] Which one?
[01:29:26.320 --> 01:29:27.320] The file one.
[01:29:27.320 --> 01:29:28.320] Okay.
[01:29:28.320 --> 01:29:32.040] Did you file the original suit in the state or the FED?
[01:29:32.040 --> 01:29:35.960] No, yeah, in the federal court, federal court.
[01:29:35.960 --> 01:29:36.960] Okay.
[01:29:36.960 --> 01:29:37.960] Okay.
[01:29:37.960 --> 01:29:38.960] Hang on.
[01:29:38.960 --> 01:29:39.960] We're about to go to break.
[01:29:39.960 --> 01:29:46.000] This is Randy Kelton, Steve Skidmore, Rue Blah Radio, and I call it, I guess I won't
[01:29:46.000 --> 01:29:47.000] give the call in number.
[01:29:47.000 --> 01:29:48.000] We're about out of time.
[01:29:48.000 --> 01:29:49.000] We've got one more segment.
[01:29:49.000 --> 01:29:50.000] Hang on.
[01:29:50.000 --> 01:29:51.000] We'll be right back.
[01:29:51.000 --> 01:30:04.080] Toward the end of the show, I had to blow at least one outro today, if this is it.
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[01:33:33.720 --> 01:33:42.720] Okay, we are back.
[01:33:42.720 --> 01:33:47.720] Randy Kelton, Steve Skidmore, we've got radio, we're talking to Renee in Texas.
[01:33:47.720 --> 01:33:51.720] Okay, you filed a federal suit for wrongful foreclosure.
[01:33:51.720 --> 01:33:56.720] Do you know why you filed it in the Fed?
[01:33:56.720 --> 01:34:07.720] Well, that's what we found, the FTCPA suit.
[01:34:07.720 --> 01:34:12.720] Oh, did you file one of my suits?
[01:34:12.720 --> 01:34:14.720] Yes, sir, I did.
[01:34:14.720 --> 01:34:16.720] Oh, okay, that's why.
[01:34:16.720 --> 01:34:20.720] And is that what's still in the Fed?
[01:34:20.720 --> 01:34:23.720] Or how did you get to wrongful foreclosure?
[01:34:23.720 --> 01:34:32.720] No, no, it's still pending in the federal court against the other attorneys who foreclose,
[01:34:32.720 --> 01:34:37.720] which is the attorneys for federal home loans and not Bank of America.
[01:34:37.720 --> 01:34:42.720] Bank of America is for the wrongful foreclosure suit.
[01:34:42.720 --> 01:34:45.720] Okay, I'm misunderstanding here.
[01:34:45.720 --> 01:34:51.720] Do you have a wrongful foreclosure suit in place?
[01:34:51.720 --> 01:34:54.720] Yes, against Bank of America.
[01:34:54.720 --> 01:34:57.720] And where was that filed?
[01:34:57.720 --> 01:35:00.720] In federal court.
[01:35:00.720 --> 01:35:05.720] A federal court doesn't have any subject matter jurisdiction over that.
[01:35:05.720 --> 01:35:10.720] Well, actually the bankruptcy court, I had to file for bankruptcy,
[01:35:10.720 --> 01:35:20.720] and the chief judge there is the one who was appointed to my case.
[01:35:20.720 --> 01:35:23.720] Okay, you don't understand.
[01:35:23.720 --> 01:35:28.720] Wrongful foreclosure is a state issue, it's not federal.
[01:35:28.720 --> 01:35:34.720] The only one that was in the state court was the right of possession
[01:35:34.720 --> 01:35:41.720] that federal home loans tried to take me out of.
[01:35:41.720 --> 01:35:45.720] This is not being clear.
[01:35:45.720 --> 01:35:51.720] Where did you file the wrongful foreclosure suit?
[01:35:51.720 --> 01:35:55.720] Did you file it in the bankruptcy as an adversarial proceeding?
[01:35:55.720 --> 01:36:00.720] Okay, yes, adversarial proceeding, yes.
[01:36:00.720 --> 01:36:06.720] Okay, one thing you might look at is the problem since,
[01:36:06.720 --> 01:36:09.720] did you file it or did you have a lawyer file it?
[01:36:09.720 --> 01:36:11.720] Oh, you had a lawyer write it up for you, okay.
[01:36:11.720 --> 01:36:14.720] Yeah, the lawyer wrote it up for me.
[01:36:14.720 --> 01:36:16.720] Here's the problem.
[01:36:16.720 --> 01:36:28.720] In 2012, there was passed the Federal Court Venue and Removal Clarification Act,
[01:36:28.720 --> 01:36:35.720] and it effectively stripped the federal court of any jurisdiction to hear state claim.
[01:36:35.720 --> 01:36:38.720] Over some state claims.
[01:36:38.720 --> 01:36:49.720] The key in that lies in what is removable and original jurisdiction.
[01:36:49.720 --> 01:36:56.720] The feds can't have original jurisdiction over state issues.
[01:36:56.720 --> 01:37:00.720] A case filed in the state can be removed to the fed,
[01:37:00.720 --> 01:37:07.720] but the fed is required to sever the state claims and remand them back to the state.
[01:37:07.720 --> 01:37:12.720] Those which are severable.
[01:37:12.720 --> 01:37:18.720] There are some that are not severable.
[01:37:18.720 --> 01:37:25.720] State claims in this case of wrongful foreclosure are not federal.
[01:37:25.720 --> 01:37:28.720] They're clearly state.
[01:37:28.720 --> 01:37:34.720] It's an adversarial case in the bankruptcy.
[01:37:34.720 --> 01:37:40.720] Is there diversity of jurisdiction?
[01:37:40.720 --> 01:37:42.720] I don't know.
[01:37:42.720 --> 01:37:45.720] If there's diversity in jurisdiction,
[01:37:45.720 --> 01:37:50.720] then the federal court has original jurisdiction over all of it.
[01:37:50.720 --> 01:37:53.720] But what they changed in that regard,
[01:37:53.720 --> 01:37:59.720] if one of the defendants is a resident of the state,
[01:37:59.720 --> 01:38:02.720] there is no diversity jurisdiction anymore.
[01:38:02.720 --> 01:38:06.720] It used to be that if one party was a citizen of another state,
[01:38:06.720 --> 01:38:08.720] you had diversity.
[01:38:08.720 --> 01:38:11.720] Now they're saying if one party actually lives in the state,
[01:38:11.720 --> 01:38:13.720] you can't get diversity.
[01:38:13.720 --> 01:38:17.720] And that actually fits.
[01:38:17.720 --> 01:38:22.720] Because you got a bank here doing business in the state,
[01:38:22.720 --> 01:38:29.720] and they say, oh, because I named my head home offices in some other state,
[01:38:29.720 --> 01:38:32.720] even though I've got 500 offices in this state,
[01:38:32.720 --> 01:38:36.720] now we have to go to the Fed to adjudicate the case.
[01:38:36.720 --> 01:38:41.720] And this changed that nonsense.
[01:38:41.720 --> 01:38:43.720] Well, they haven't said anything there.
[01:38:43.720 --> 01:38:47.720] Anyway, I'm kind of pulling you off topic.
[01:38:47.720 --> 01:38:48.720] Yeah.
[01:38:48.720 --> 01:38:54.720] Since you filed it, it wouldn't be apropos to challenge what you filed.
[01:38:54.720 --> 01:38:56.720] Okay, back to mediation.
[01:38:56.720 --> 01:39:00.720] So you have a judge mediating between,
[01:39:00.720 --> 01:39:04.720] this is not that mediation for modification.
[01:39:04.720 --> 01:39:06.720] No, no, correct.
[01:39:06.720 --> 01:39:08.720] No, this is for settlement.
[01:39:08.720 --> 01:39:10.720] Yeah, this is great.
[01:39:10.720 --> 01:39:14.720] They may make them an offer.
[01:39:14.720 --> 01:39:15.720] Well, I did.
[01:39:15.720 --> 01:39:19.720] I made them an offer, and they, well, first they made me an offer,
[01:39:19.720 --> 01:39:20.720] and then I counteroffered.
[01:39:20.720 --> 01:39:25.720] So the thing is that, well, when I filed the motion to recusal,
[01:39:25.720 --> 01:39:31.720] we had the hearing, and the judge,
[01:39:31.720 --> 01:39:40.720] he suggested to Bank of America's attorney that he wants me to stay in the home
[01:39:40.720 --> 01:39:45.720] and that we need to settle this in a mediation way or format,
[01:39:45.720 --> 01:39:47.720] whatever you want to call it.
[01:39:47.720 --> 01:39:53.720] So he set up a day for mediation, spoke to another judge, a district judge,
[01:39:53.720 --> 01:40:02.720] and told us that he had volunteered to mediate settlement.
[01:40:02.720 --> 01:40:03.720] Okay, hold on.
[01:40:03.720 --> 01:40:04.720] You've talked about this.
[01:40:04.720 --> 01:40:06.720] We're going to run out of time here.
[01:40:06.720 --> 01:40:09.720] What is the issue at this point?
[01:40:09.720 --> 01:40:12.720] Oh, I've never been to mediation.
[01:40:12.720 --> 01:40:15.720] What about mediation?
[01:40:15.720 --> 01:40:16.720] You made an offer.
[01:40:16.720 --> 01:40:19.720] They made a counteroffer.
[01:40:19.720 --> 01:40:25.720] Yeah, but I think that the judge is trying to get them to settle with me
[01:40:25.720 --> 01:40:30.720] because of the attorneys not showing up at their own hearing
[01:40:30.720 --> 01:40:34.720] and get a default judgment against them.
[01:40:34.720 --> 01:40:37.720] That's what I think that the judge was saying.
[01:40:37.720 --> 01:40:40.720] Okay, default judgments are extremely hard to get.
[01:40:40.720 --> 01:40:45.720] Seventy percent of all default judgments are overturned.
[01:40:45.720 --> 01:40:51.720] If you're trying to win the whole thing, you're dreaming.
[01:40:51.720 --> 01:40:54.720] It sounds like the judge has told the bank,
[01:40:54.720 --> 01:40:57.720] make this guy an offer, make this go away,
[01:40:57.720 --> 01:41:00.720] and that's probably the best you can ask for.
[01:41:00.720 --> 01:41:04.720] What did you ask for in mediation?
[01:41:04.720 --> 01:41:08.720] Well, I asked for the house and clear title,
[01:41:08.720 --> 01:41:11.720] concomitance to the property.
[01:41:11.720 --> 01:41:14.720] Okay, what would you settle for?
[01:41:14.720 --> 01:41:18.720] I would settle for $40,000, $50,000.
[01:41:18.720 --> 01:41:24.720] The property is worth $130,000.
[01:41:24.720 --> 01:41:32.720] Okay, you have to decide what you can live with.
[01:41:32.720 --> 01:41:38.720] But one of the things I should include that won't cost the bank anything
[01:41:38.720 --> 01:41:45.720] is that they rescind the foreclosure and take all marks off your credit.
[01:41:45.720 --> 01:41:51.720] That way you could refinance it at a low rate
[01:41:51.720 --> 01:41:54.720] and then squeeze as good a deal as you can take from them.
[01:41:54.720 --> 01:41:59.720] But if you let this go back to the court, the court's likely to clobber you.
[01:41:59.720 --> 01:42:01.720] Okay, okay.
[01:42:01.720 --> 01:42:06.720] You're pro se. If it's not right, it's not fair, but that's how it works.
[01:42:06.720 --> 01:42:11.720] I'm surprised that the judge ordered the other side to mediate with you.
[01:42:11.720 --> 01:42:15.720] That's a big win.
[01:42:15.720 --> 01:42:19.720] Yeah, I know, and that's what my attorney said.
[01:42:19.720 --> 01:42:27.720] And he says that, well, Bank of America is still going to throw in the question
[01:42:27.720 --> 01:42:32.720] about the merits, if I have any merits.
[01:42:32.720 --> 01:42:39.720] They don't believe I have merits, but I believe that they're going to bring that up.
[01:42:39.720 --> 01:42:44.720] Okay, have you done an evaluation of the documents in the county record?
[01:42:44.720 --> 01:42:49.720] Well, no, I asked the, oh, in the county records.
[01:42:49.720 --> 01:42:52.720] No, no, I still have it. No, no, I don't know.
[01:42:52.720 --> 01:42:56.720] That's where your merit is going to come from.
[01:42:56.720 --> 01:43:00.720] Your meritorious claims, you'll be able to pull them out of there.
[01:43:00.720 --> 01:43:02.720] Okay.
[01:43:02.720 --> 01:43:06.720] Call me off the show or send me an email.
[01:43:06.720 --> 01:43:09.720] I'll talk to you about how to do that.
[01:43:09.720 --> 01:43:13.720] Okay, all right, but I'm in a good standing.
[01:43:13.720 --> 01:43:16.720] I mean, I have the upper hand right now, so it's good.
[01:43:16.720 --> 01:43:18.720] Good.
[01:43:18.720 --> 01:43:22.720] I'm going to suggest you have an opportunity to make a deal, make one,
[01:43:22.720 --> 01:43:27.720] because if you don't, the judge is going to jerk the rug right out from under you.
[01:43:27.720 --> 01:43:30.720] I guarantee it.
[01:43:30.720 --> 01:43:32.720] Okay, that's what I needed to know.
[01:43:32.720 --> 01:43:33.720] Thank you for your advice.
[01:43:33.720 --> 01:43:35.720] Yeah, they are scoundrels.
[01:43:35.720 --> 01:43:37.720] It's not fair, but that's how it is.
[01:43:37.720 --> 01:43:38.720] Thank you, Renee.
[01:43:38.720 --> 01:43:39.720] Send me an email.
[01:43:39.720 --> 01:43:40.720] We'll talk.
[01:43:40.720 --> 01:43:42.720] This is Randy Kelton, Steve Skidmore.
[01:43:42.720 --> 01:43:43.720] We'll have our radio.
[01:43:43.720 --> 01:43:44.720] Thank you all for listening.
[01:43:44.720 --> 01:43:48.720] We'll be back next Thursday with our regular Thursday and Friday night show.
[01:43:48.720 --> 01:43:50.720] Randy, we're still going.
[01:43:50.720 --> 01:43:52.720] Oh, wait, we've got another.
[01:43:52.720 --> 01:43:54.720] Oh, wait.
[01:43:54.720 --> 01:43:57.720] We'll be right back after this.
[01:43:57.720 --> 01:43:59.720] Stay tuned.
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[01:46:21.720 --> 01:46:47.720] We're back on rule of law, and Randy said only get to disparage him just a little,
[01:46:47.720 --> 01:46:52.720] and he was saying that as the clock came in.
[01:46:52.720 --> 01:46:56.720] Oh, Randy, yeah, we still had another segment.
[01:46:56.720 --> 01:47:04.720] Anyway, Ramon in wherever Ramon was is now gone, so Randy wanted to know if I wanted to wrap up the show,
[01:47:04.720 --> 01:47:15.720] and I thought that I might go over the essential elements of the three types of different quiet title actions,
[01:47:15.720 --> 01:47:21.720] keeping in mind that there are several different types of quiet title actions
[01:47:21.720 --> 01:47:30.720] or several actions that result in removing a cloud from a title or in what we call quiet title.
[01:47:30.720 --> 01:47:43.720] And those are quiet title, suit for quiet title, slander of title, and a trespass to try title.
[01:47:43.720 --> 01:47:47.720] Excuse me, but in that order, we'll go over the elements.
[01:47:47.720 --> 01:47:53.720] There are three elements, and I'm taking all this from Texas case law,
[01:47:53.720 --> 01:48:00.720] but again, the several states' statutes are very similar, at least in Texas.
[01:48:00.720 --> 01:48:10.720] The essential elements of a traditional quiet title suit are having an interest in a specific property,
[01:48:10.720 --> 01:48:16.720] two, that's one, two, the title of the property is affected by the claim of the defendant,
[01:48:16.720 --> 01:48:25.720] and three, that the claim, although facially valid, is invalid or unenforceable.
[01:48:25.720 --> 01:48:33.720] And Randy mentioned earlier in conversation tonight, though on the four corners of the document,
[01:48:33.720 --> 01:48:40.720] it looks to be factually valid, that's where he's getting that.
[01:48:40.720 --> 01:48:45.720] It could be factually valid in that you've got a deed of trust or a substitute trustee's deed.
[01:48:45.720 --> 01:48:50.720] Law calls for these things, but there's things, there's issues with these documents,
[01:48:50.720 --> 01:48:54.720] and that's what would make them invalid or unenforceable.
[01:48:54.720 --> 01:48:59.720] Next is a slander of title.
[01:48:59.720 --> 01:49:05.720] I'm not going to get into the definitions, but the essential elements to a slander of title,
[01:49:05.720 --> 01:49:11.720] there are five, and one is that the petitioner's interest in a specific real property,
[01:49:11.720 --> 01:49:19.720] two, the publication or utterance, three, a falsity, four, malice,
[01:49:19.720 --> 01:49:24.720] and malice doesn't mean coming after you with a club in this instance.
[01:49:24.720 --> 01:49:28.720] We can get into the definition of malice in a minute if we've got time.
[01:49:28.720 --> 01:49:41.720] And loss or, loss, I'm sorry, and loss of a specific sale, loss of a specific sale.
[01:49:41.720 --> 01:49:45.720] Randy talks about the benefit of the bargain, losing the benefit of the bargain,
[01:49:45.720 --> 01:49:51.720] that's what they're talking about, a specific sale, a loss for a specific sale.
[01:49:51.720 --> 01:50:03.720] In a trespass to try title suit, to prevail in a trespass to try title action,
[01:50:03.720 --> 01:50:12.720] a plaintiff must usually, one, prove a regular chain of conveyances from the sovereign,
[01:50:12.720 --> 01:50:18.720] two, establish superior title out of a common source,
[01:50:18.720 --> 01:50:30.720] three, prove title by limitations or, four, prove title by prior possession
[01:50:30.720 --> 01:50:37.720] coupled with proof that possession was not abandoned.
[01:50:37.720 --> 01:50:44.720] And that's from Martin V. Ameriman.
[01:50:44.720 --> 01:50:50.720] Now if you, Randy, did you want to get into definitions of some of these terms?
[01:50:50.720 --> 01:50:56.720] Yeah, I would like you to go back through trespass to try title again.
[01:50:56.720 --> 01:51:00.720] Okay, trespass to try title, the four elements are,
[01:51:00.720 --> 01:51:05.720] one, prove a regular chain of conveyances from the sovereign,
[01:51:05.720 --> 01:51:10.720] two, establish superior title out of a common source,
[01:51:10.720 --> 01:51:19.720] three, prove title by limitations or, four, prove title by prior possession
[01:51:19.720 --> 01:51:25.720] coupled with proof that possession was not abandoned.
[01:51:25.720 --> 01:51:37.720] That's Marvin V. Ameriman citing Plum V. Stussy.
[01:51:37.720 --> 01:51:40.720] That'll give me a headache.
[01:51:40.720 --> 01:51:44.720] Yeah, just trying to pronounce it gives me a headache.
[01:51:44.720 --> 01:51:51.720] Regular chain of title from the sovereign, that's an abstractive title.
[01:51:51.720 --> 01:51:52.720] Yes.
[01:51:52.720 --> 01:51:57.720] And generally in a quiet title you don't have to do that because...
[01:51:57.720 --> 01:52:01.720] I would say back to, from the sovereign to me,
[01:52:01.720 --> 01:52:08.720] it says back to the original land patent granted by the Republic of Texas.
[01:52:08.720 --> 01:52:10.720] Exactly, that's what an abstractive title is.
[01:52:10.720 --> 01:52:13.720] It goes all the way back to everything.
[01:52:13.720 --> 01:52:21.720] But generally unless the most current warranty deed is, if it's not challenged,
[01:52:21.720 --> 01:52:28.720] and if you're petitioning for quiet title from an action by the bank
[01:52:28.720 --> 01:52:34.720] and you go to the court and claim superior title by virtue of a warranty deed
[01:52:34.720 --> 01:52:38.720] and you're an uncontested warranty deed,
[01:52:38.720 --> 01:52:46.720] since as a rule the defendant is associated with the entity that
[01:52:46.720 --> 01:52:53.720] produced the warranty deed for you, they're not going to challenge the warranty deed
[01:52:53.720 --> 01:52:59.720] because they're trying to collect an indebtedness
[01:52:59.720 --> 01:53:04.720] that was conditional on them providing you with the warranty deed.
[01:53:04.720 --> 01:53:09.720] So if they challenge the warranty deed, then they nullify their indebtedness.
[01:53:09.720 --> 01:53:16.720] So when I do the quiet title I start out with on this day,
[01:53:16.720 --> 01:53:23.720] a document was filed in the county recorders with the county recorder titled as follows,
[01:53:23.720 --> 01:53:26.720] and I drop in the title warranty deed.
[01:53:26.720 --> 01:53:36.720] I put in the averment where it averse to transfer ownership of the property from the...
[01:53:36.720 --> 01:53:43.720] Yeah, that would meet the first element in a quiet title action
[01:53:43.720 --> 01:53:46.720] showing that you've got an interest in a specific property.
[01:53:46.720 --> 01:53:50.720] That warranty deed is what grants you the interest in the property.
[01:53:50.720 --> 01:53:55.720] Yeah, exactly. And in quiet title you have to establish superior title.
[01:53:55.720 --> 01:53:59.720] Now you're going to go down and look at a substitute trustee's title.
[01:53:59.720 --> 01:54:03.720] In trespass to try title you've got to approve superior title.
[01:54:03.720 --> 01:54:08.720] Did I say quiet title? Oops. Yeah, trespass to try title.
[01:54:08.720 --> 01:54:10.720] Right. That's the second element.
[01:54:10.720 --> 01:54:17.720] You kind of do them all the same and if you do a quiet title similar to a trespass to try title,
[01:54:17.720 --> 01:54:24.720] you always have to establish your standing and that's what the warranty deed does.
[01:54:24.720 --> 01:54:29.720] An uncontested warranty deed establishes your standing to make the claim.
[01:54:29.720 --> 01:54:30.720] Agreed.
[01:54:30.720 --> 01:54:37.720] And then you have in a trespass to try title, you have another claim against the title.
[01:54:37.720 --> 01:54:43.720] And generally the difference between a trespass to try title and quiet title,
[01:54:43.720 --> 01:54:51.720] the easiest way to understand it is prior to foreclosure, after foreclosure.
[01:54:51.720 --> 01:54:55.720] And that's title in the foreclosure sense.
[01:54:55.720 --> 01:55:00.720] If somebody else comes in and files a claim against the title in the record,
[01:55:00.720 --> 01:55:03.720] you would also file a trespass to try title.
[01:55:03.720 --> 01:55:14.720] But with an assignment or a substitute trustee or an appointment of the security instrument,
[01:55:14.720 --> 01:55:20.720] those two can be challenged with simple quiet title
[01:55:20.720 --> 01:55:30.720] because they did not purport to take away your ownership of the property by virtue of the warranty deed.
[01:55:30.720 --> 01:55:34.720] They merely made a claim against your property.
[01:55:34.720 --> 01:55:35.720] Right.
[01:55:35.720 --> 01:55:39.720] Trespass to try title is where they tried to take the property from you.
[01:55:39.720 --> 01:55:46.720] They tried to claim a greater title than your title and that's with the...
[01:55:46.720 --> 01:55:48.720] Right.
[01:55:48.720 --> 01:55:54.720] In a traditional quiet title, you're relying on the weakness of the defendant's title
[01:55:54.720 --> 01:56:01.720] and in a trespass to try title, you're relying on the strength of the petitioner's title.
[01:56:01.720 --> 01:56:05.720] Exactly. I have a uncontested warranty deed.
[01:56:05.720 --> 01:56:14.720] You have a substitute trustee's deed which you can use for toilet paper.
[01:56:14.720 --> 01:56:18.720] And you show why they could use it for toilet paper.
[01:56:18.720 --> 01:56:23.720] And generally we do that, you know, it all kind of fits together.
[01:56:23.720 --> 01:56:29.720] Most of the time when we challenge a substitute trustee's deed is we challenge it by saying
[01:56:29.720 --> 01:56:41.720] this deed is invalid because this assignment of the substitute trustee was improper and it's invalid.
[01:56:41.720 --> 01:56:48.720] So it was this trustee who did the substitute trustee's sale and he wasn't properly appointed.
[01:56:48.720 --> 01:56:53.720] So therefore the substitute trustee's deed is invalid.
[01:56:53.720 --> 01:57:00.720] Or we go to the assignment of the security instrument.
[01:57:00.720 --> 01:57:04.720] We say this assignment is invalid.
[01:57:04.720 --> 01:57:12.720] If they haven't foreclosed yet, we could go in and say this assignment is invalid under quiet title.
[01:57:12.720 --> 01:57:19.720] But if they've already foreclosed, we're not really after the assignment of the deed of trust
[01:57:19.720 --> 01:57:22.720] or the appointment of the substitute trustee.
[01:57:22.720 --> 01:57:28.720] We'll challenge those but we're really after the substitute trustee's deed.
[01:57:28.720 --> 01:57:32.720] If they haven't foreclosed, we don't have the substitute trustee's deed to deal with.
[01:57:32.720 --> 01:57:37.720] All we need to do is make one of these other two go away.
[01:57:37.720 --> 01:57:40.720] And then there won't be a foreclosure.
[01:57:40.720 --> 01:57:46.720] Another good thing to remember, differences in these different types of actions,
[01:57:46.720 --> 01:57:51.720] is that a traditional quiet title action is in equity
[01:57:51.720 --> 01:57:58.720] as where a trespass to try title or slander title is not.
[01:57:58.720 --> 01:58:00.720] Explain how that's different.
[01:58:00.720 --> 01:58:11.720] Okay. The petitioner's got to prevail on the superiority of his own title in a quiet title action
[01:58:11.720 --> 01:58:17.720] and not seeking the weakness of the defendants.
[01:58:17.720 --> 01:58:27.720] The equity comes into, well, the other side's going to lose something.
[01:58:27.720 --> 01:58:28.720] Oh, okay.
[01:58:28.720 --> 01:58:39.720] Okay. As we're in a trespass to try title, you're showing that they have nothing to lose.
[01:58:39.720 --> 01:58:45.720] So we're not talking equity here.
[01:58:45.720 --> 01:58:49.720] Okay. We're out of time.
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