ROL_2014-04-18_16k_Hr3-4.timecode
[00:00.000 --> 00:07.320] This is the Liberty Beat, your daily source for Liberty news and activist updates, online
[00:07.320 --> 00:09.000] at thelibertybeat.com.
[00:09.000 --> 00:13.760] I'm Brian Hagan with your Liberty Beat for Friday, April 18th, 2014.
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[01:01.400 --> 01:05.960] In the news, Senator Dianne Feinstein has stated that she is opening an investigation
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[02:59.160 --> 03:19.480] Okay, this is Joe Esquivel, Rainey Kelton, Steve Skidmore, and we're talking to Brian.
[03:19.480 --> 03:21.600] You're supposed to wait two seconds.
[03:21.600 --> 03:24.800] Okay, I waited two.
[03:24.800 --> 03:28.280] Okay, Brian, I know we lost you for a little bit.
[03:28.280 --> 03:31.920] Yeah, we do apologize for the problems we had.
[03:31.920 --> 03:34.760] It's some technical difficulties that we've picked back up.
[03:34.760 --> 03:36.720] So we answer your questions.
[03:36.720 --> 03:39.640] Well, yes and no.
[03:39.640 --> 03:44.040] You got me a little bit confused because there was a lot of technical information, but basically-
[03:44.040 --> 03:46.880] Okay, let's concentrate on the no part then.
[03:46.880 --> 03:52.240] Well, yeah, I mean, my question, basic question is if Fannie Mae has a different date on their
[03:52.240 --> 03:57.240] website versus what's recorded on murders, which date is the correct date?
[03:57.240 --> 04:00.920] How do you know either of them are?
[04:00.920 --> 04:02.520] And what is it you're disputing?
[04:02.520 --> 04:07.280] Are you disputing that Fannie Mae owns a partial interest of your mortgage loan instrument?
[04:07.280 --> 04:08.280] Wait a second.
[04:08.280 --> 04:09.280] Wait a second.
[04:09.280 --> 04:13.160] Okay, I want to go back to my question.
[04:13.160 --> 04:18.400] What makes you think either one of those are correct when you go back to the PSA?
[04:18.400 --> 04:21.240] No, no, for Fannie Mae, we don't have a PSA.
[04:21.240 --> 04:22.240] Oh, that's right.
[04:22.240 --> 04:26.240] We've got a trust agreement and we've got an issue supplement.
[04:26.240 --> 04:33.400] Okay, but you, they make a claim.
[04:33.400 --> 04:42.000] You have a document from where they base the claim that shows something contrary to their
[04:42.000 --> 04:43.000] claim.
[04:43.000 --> 04:44.000] Correct?
[04:44.000 --> 04:47.000] Well, yes.
[04:47.000 --> 04:50.520] Okay, okay.
[04:50.520 --> 04:52.520] That's what you hone in on.
[04:52.520 --> 04:53.520] Hold on.
[04:53.520 --> 04:58.800] How did you know that Fannie Mae had anything to do with anything?
[04:58.800 --> 05:05.080] Well, I had a company do a certified forensic loan audit and I went on the Fannie Mae loan
[05:05.080 --> 05:07.560] lookup and just looked for myself.
[05:07.560 --> 05:12.560] Okay, so did they give you an exact trust number?
[05:12.560 --> 05:15.880] Pardon me, two people were talking, I couldn't hear.
[05:15.880 --> 05:16.880] I apologize.
[05:16.880 --> 05:17.880] Go ahead, Randy.
[05:17.880 --> 05:18.880] Go on, Randy.
[05:18.880 --> 05:19.880] No, go ahead.
[05:19.880 --> 05:20.880] I was.
[05:20.880 --> 05:21.880] All right.
[05:21.880 --> 05:29.120] My question to you is, Brian, when they did the trust search, did they say, your loan
[05:29.120 --> 05:33.200] is in this trust number?
[05:33.200 --> 05:36.000] Or did they say your loan is with Fannie Mae?
[05:36.000 --> 05:41.560] Well, they found a run of trust that matches the characteristics for securitizing.
[05:41.560 --> 05:45.440] But all right, well, that's like saying, Steve, you mentioned characteristics of a hundred
[05:45.440 --> 05:48.960] people living in Pflugerville.
[05:48.960 --> 05:56.040] Did they make a positive identification of the location of your mortgage loan instrument?
[05:56.040 --> 05:57.040] Yes or no?
[05:57.040 --> 06:00.080] No, they didn't reveal any matching characteristics.
[06:00.080 --> 06:06.400] All right, so this is the difference, all right, between most companies out there and
[06:06.400 --> 06:11.440] what mortgage compliance investigators does, all right?
[06:11.440 --> 06:16.040] Now you need to be very specific.
[06:16.040 --> 06:26.400] We have sources, we look into the actual Fannie Mae trust and say, this is where you are located,
[06:26.400 --> 06:28.880] and I'm able to do that.
[06:28.880 --> 06:34.200] So I can say with specificity and particularity, this is where an interest of your mortgage
[06:34.200 --> 06:36.040] loan was sold to.
[06:36.040 --> 06:42.720] This is the seller that sold that interest because many times if you have Billy Bob Mortgage
[06:42.720 --> 06:48.280] Company that you originally signed the mortgage with and they're not an authorized dealer
[06:48.280 --> 06:54.120] to sell to Fannie Mae, Freddie Mac or Ginny Mae, they need to sell to a wholesaler such
[06:54.120 --> 07:01.160] as Countrywide, Wells Fargo, JP Morgan Chase, one of the big boys.
[07:01.160 --> 07:06.800] So this is many times there is a seller that is different from the original lender, depending
[07:06.800 --> 07:09.480] who your original lender was.
[07:09.480 --> 07:16.000] So you need to be very specific when you make a statement and when you cite facts.
[07:16.000 --> 07:22.200] You can't just go willy nilly and just guess, well, I think it's in this trust.
[07:22.200 --> 07:29.480] The judge is gonna ask you, do you know, yes or no?
[07:29.480 --> 07:34.720] Because Fannie Mae, there's thousands of trusts out there, thousands.
[07:34.720 --> 07:42.640] If you look at the Irish Publication 938 and you look up the year and the quarter in which
[07:42.640 --> 07:49.960] you had a loan, you will see a polythera of different Fannie Mae trusts that are out there.
[07:49.960 --> 07:56.100] I can pull up a polythera of different trusts in any given timeframe.
[07:56.100 --> 08:01.880] So the characteristics are only one portion, Brian.
[08:01.880 --> 08:06.240] You need to be very specific when you're making a statement.
[08:06.240 --> 08:10.520] Oh, I understand that.
[08:10.520 --> 08:11.640] Okay.
[08:11.640 --> 08:16.720] So what else do you have a problem understanding?
[08:16.720 --> 08:27.920] Well, the thing is that, well, what I'm trying to confirm is that basically the audit information
[08:27.920 --> 08:31.080] that I have is going to be useless.
[08:31.080 --> 08:32.500] It could be.
[08:32.500 --> 08:39.200] You need to have a trust search that's done specific to your loan and not saying, well,
[08:39.200 --> 08:43.760] based on the characteristics of the loan and the property in the timeframe and the lenders,
[08:43.760 --> 08:48.080] we've found six trusts that match the characteristics.
[08:48.080 --> 08:53.120] We've gone through 32 different fields of information and we're not saying it's in here.
[08:53.120 --> 08:55.680] We're saying it could be in here, possibly.
[08:55.680 --> 09:00.560] That's what they're telling you and you're scratching your head saying, well, I've got
[09:00.560 --> 09:05.000] a load of revolver and I've got five out of six bullets.
[09:05.000 --> 09:06.480] Which one am I going to take?
[09:06.480 --> 09:07.480] Right.
[09:07.480 --> 09:12.840] I like saying that what you're referring to, Joe, is kind of like saying, well, we found
[09:12.840 --> 09:19.320] a cookie trail that goes to this field, but there's 10,000 holes in that field.
[09:19.320 --> 09:22.900] We think it's out there in one of them holes out there somewhere.
[09:22.900 --> 09:27.600] What you're doing is you're saying, not only did we find the field, here's the hole it's
[09:27.600 --> 09:28.600] in.
[09:28.600 --> 09:29.600] Right.
[09:29.600 --> 09:31.800] That's the difference of what we do.
[09:31.800 --> 09:33.000] That's what you need to do.
[09:33.000 --> 09:39.120] When Joe says you got to identify something with specificity and particularity, when you
[09:39.120 --> 09:44.880] say it may be in a Fannie Mae or Freddie Mac trust, well, which one?
[09:44.880 --> 09:47.200] We are licensed private investigators.
[09:47.200 --> 09:48.200] That's the difference.
[09:48.200 --> 09:50.640] The judge is thinking, I need a number.
[09:50.640 --> 09:52.840] Give me a number.
[09:52.840 --> 09:56.400] Specify the trust and you get your way.
[09:56.400 --> 10:01.840] Naomi proved to me that this is not Pete already entitled to enforce.
[10:01.840 --> 10:04.240] Yeah, see, that's the difference.
[10:04.240 --> 10:06.600] I mean, I've got all the Fannie Mae selling manuals.
[10:06.600 --> 10:09.560] I've got the custodian, you know.
[10:09.560 --> 10:15.920] So again, Brian, you need to be specific when you're making your factual statements.
[10:15.920 --> 10:21.760] You know, if you're going to have a complaint or if they're filing a complaint against you
[10:21.760 --> 10:27.480] and you're doing a reply, you need to know the information a little better.
[10:27.480 --> 10:28.480] Right.
[10:28.480 --> 10:32.760] That's why I'm afraid the information that I got is not going to work like what you were
[10:32.760 --> 10:37.320] talking about earlier today about having the proper cause of action and proper.
[10:37.320 --> 10:38.320] Correct.
[10:38.320 --> 10:39.960] Unfortunately, probably not.
[10:39.960 --> 10:42.320] There's another issue, licensing.
[10:42.320 --> 10:49.760] 42 states in this union require a license for somebody to do what they did for you.
[10:49.760 --> 10:57.640] Is the company that you contracted with to provide you with this alleged evidence licensed
[10:57.640 --> 11:00.640] by the state of wherever?
[11:00.640 --> 11:02.840] I believe they are, yes.
[11:02.840 --> 11:03.840] Okay.
[11:03.840 --> 11:04.840] Good.
[11:04.840 --> 11:09.400] In the report, he wrote that he was certified to do that type of work.
[11:09.400 --> 11:10.400] No, no, no.
[11:10.400 --> 11:11.400] Whoa, whoa, whoa.
[11:11.400 --> 11:12.880] Yeah, stop right there.
[11:12.880 --> 11:15.880] A certification is not a license.
[11:15.880 --> 11:21.600] A license is provided by a state entity such as the Texas Department of Public Safety who
[11:21.600 --> 11:26.000] issued Joe Esquivel his license, his private investigation license.
[11:26.000 --> 11:33.440] Again, there are 42 states in this union that have licensing requirements for private investigations.
[11:33.440 --> 11:38.680] You're telling me that you had a private investigation done into the matter of your mortgage.
[11:38.680 --> 11:45.700] Was the entity that you contracted with and paid money to licensed?
[11:45.700 --> 11:49.240] If the answer is no, my friend, you got screwed.
[11:49.240 --> 11:50.240] I'm sorry.
[11:50.240 --> 11:54.720] I hate to tell you that.
[11:54.720 --> 12:03.040] What you bought might pass as evidence in a fictitious world, but in the real world,
[12:03.040 --> 12:04.600] it is insufficient.
[12:04.600 --> 12:07.720] And then how are you presenting the evidence?
[12:07.720 --> 12:08.720] That would be a question.
[12:08.720 --> 12:10.560] Yeah, presentation is another thing.
[12:10.560 --> 12:11.920] I mean, who knows?
[12:11.920 --> 12:15.640] I mean, you may be able to pull a rabbit out of a hat and make this thing work for you
[12:15.640 --> 12:21.880] if your presentation is good enough to the court.
[12:21.880 --> 12:26.160] That's going to depend on your skills of litigating a civil issue.
[12:26.160 --> 12:29.880] Are you on the offense or defense, Brian?
[12:29.880 --> 12:32.080] Are you suing or being sued?
[12:32.080 --> 12:34.680] No, I would want to do the suing.
[12:34.680 --> 12:35.680] I would be on the offense.
[12:35.680 --> 12:36.680] I'm not in anything.
[12:36.680 --> 12:37.680] Oh, okay.
[12:37.680 --> 12:40.480] So we're talking about something that hasn't happened yet.
[12:40.480 --> 12:42.080] No.
[12:42.080 --> 12:47.080] Ah, well, that sheds a different light on this.
[12:47.080 --> 12:48.080] Okay.
[12:48.080 --> 12:54.040] So you're telling me that right now at this, let me restate this.
[12:54.040 --> 12:57.080] What is the disposition of your mortgage loan instrument right now?
[12:57.080 --> 13:01.080] Are you current on your payments or are you alleged to be in default?
[13:01.080 --> 13:03.080] Presumed efficiency.
[13:03.080 --> 13:09.040] I'm current and I'm about 100,000 up on equity.
[13:09.040 --> 13:10.040] Sweet.
[13:10.040 --> 13:14.720] Oh man, you got fall position, brother.
[13:14.720 --> 13:15.720] Yeah.
[13:15.720 --> 13:16.720] Okay.
[13:16.720 --> 13:17.720] But you have to be careful.
[13:17.720 --> 13:24.160] My main issue is, is this all irrelevant if we go back to what Randy said originally
[13:24.160 --> 13:30.440] about them selling, about Bank of America coming to the table with unclean hands and
[13:30.440 --> 13:33.960] already having the loan sold?
[13:33.960 --> 13:38.120] A lot of allegations can be made, but when you make an allegation, you've got to prove
[13:38.120 --> 13:39.120] it up.
[13:39.120 --> 13:45.960] If you claim something, you have the onus probandi resting on your shoulders, my friend,
[13:45.960 --> 13:48.400] to prove your allegation.
[13:48.400 --> 13:53.620] If you say fraud, okay, there are elements to fraud, prove all of them.
[13:53.620 --> 13:59.220] If you say non-disclosure, prove it.
[13:59.220 --> 14:04.320] If you say the fees were all screwed up, prove it.
[14:04.320 --> 14:13.560] If you say, well, the mortgage loan instrument made it into the trust too late, prove it.
[14:13.560 --> 14:19.920] If you're saying that one party has a claim, but there might be another, I'm not saying
[14:19.920 --> 14:24.480] that somebody doesn't have a claim, but it's not these guys, prove it.
[14:24.480 --> 14:29.200] If you're coming in as a plaintiff, I take it, because we're talking about something
[14:29.200 --> 14:32.500] that hasn't happened and you would be doing the suing.
[14:32.500 --> 14:39.760] So coming in as a plaintiff, the onus probandi rests squarely on your shoulders.
[14:39.760 --> 14:45.500] You had better be coming into this position with competent evidence.
[14:45.500 --> 14:51.760] And one thing I can share with you, if you are coming forth and making a claim and cannot
[14:51.760 --> 15:01.580] back it up, they can produce documents because you have shown them your hand.
[15:01.580 --> 15:07.160] So they will be able to produce the documents based on your arguments.
[15:07.160 --> 15:11.880] There's all kinds of companies out there that will fabricate these documents for them.
[15:11.880 --> 15:16.800] And the courts have been accepting these fabricated documents for a decade.
[15:16.800 --> 15:23.080] So I want to just say you need to be very careful when you do it.
[15:23.080 --> 15:25.880] Do your due diligence, Brian.
[15:25.880 --> 15:34.960] Thank you, have you looked at the documents that have been filed with the county registrar?
[15:34.960 --> 15:39.880] I was able to find documents in my name, but I haven't been able to find any documents
[15:39.880 --> 15:43.200] in Fannie Mae's name recorded.
[15:43.200 --> 15:52.440] Okay, now I'm trying to get to, is the only evidence you have of the existence of Fannie
[15:52.440 --> 16:07.240] Mae in having something to do with the mortgage, this securitization audit, or do you have
[16:07.240 --> 16:08.240] a letter from them?
[16:08.240 --> 16:09.240] Let him answer, let him answer.
[16:09.240 --> 16:10.240] Can you repeat the question?
[16:10.240 --> 16:11.240] I'm sorry.
[16:11.240 --> 16:12.240] I didn't understand it.
[16:12.240 --> 16:13.240] Okay.
[16:13.240 --> 16:22.240] Where did you get the information that Fannie Mae was involved in your mortgage?
[16:22.240 --> 16:27.440] On Fannie Mae's website and also on the Bloomberg terminal.
[16:27.440 --> 16:34.200] Okay, when you say Bloomberg terminal, this is from your alleged analysis of your mortgage
[16:34.200 --> 16:35.200] loan?
[16:35.200 --> 16:36.200] Correct.
[16:36.200 --> 16:37.200] Okay.
[16:37.200 --> 16:38.200] Yeah.
[16:38.200 --> 16:39.200] Did they give you a loan number?
[16:39.200 --> 16:40.200] A mint number?
[16:40.200 --> 16:41.200] A loan number.
[16:41.200 --> 16:46.640] No, I see we're fixing to go to break, folks.
[16:46.640 --> 16:54.360] 512, and we do have other callers, I see Raymond, Carl, and James on the line, folks.
[16:54.360 --> 17:00.560] We'll be right back, 512-646-1984 is the number to dial.
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[19:09.280 --> 19:18.440] Well, don't let nothing get to you, only the father can deliver you, so don't let bad
[19:18.440 --> 19:31.160] people hurt you until Satan gets behind you, you know what I mean, my friend, knowledge
[19:31.160 --> 19:34.160] of children.
[19:34.160 --> 19:45.240] We're back, Randy Kelton, Steve Skidmore, Joe Esquivel.
[19:45.240 --> 19:50.000] I wish you folks could hear some of the arguments over the breaks that we have.
[19:50.000 --> 19:54.800] Oh man, good issues.
[19:54.800 --> 19:55.800] Back to Brian.
[19:55.800 --> 20:00.360] Brian, you're up today on your mortgage and you're looking into the issues.
[20:00.360 --> 20:06.080] What is it that you want to accomplish at the end of the day?
[20:06.080 --> 20:10.760] What would be your intent or expectation?
[20:10.760 --> 20:17.560] Well, I just want to find out if I haven't been indeed defrauded, and if I have, I want
[20:17.560 --> 20:21.480] to have the proper remedy.
[20:21.480 --> 20:24.000] How old?
[20:24.000 --> 20:26.000] Define proper remedy.
[20:26.000 --> 20:36.320] Well, having the note properly done in my name would be the proper remedy, I suppose.
[20:36.320 --> 20:38.920] Okay, is the note not in your name?
[20:38.920 --> 20:44.440] Well, I guess I shouldn't say the note, but the transfer of the deed.
[20:44.440 --> 20:51.440] I would assume that the transfer of the deed would be incorrect if they had sold the deed.
[20:51.440 --> 20:55.040] Okay, let me put some words in your mouth.
[20:55.040 --> 21:02.720] You want to make sure that you haven't been harmed without actually knowing about it,
[21:02.720 --> 21:05.480] and if you have, you want to find a remedy.
[21:05.480 --> 21:07.480] Well, exactly.
[21:07.480 --> 21:17.640] Okay, first place to go is look at the records, what you have in the county record, and anything
[21:17.640 --> 21:20.560] that might have been mailed to you.
[21:20.560 --> 21:23.560] Look for names that don't fit.
[21:23.560 --> 21:29.440] What I was looking for earlier was, did you get any kind of a communication from Fannie
[21:29.440 --> 21:30.440] Mae?
[21:30.440 --> 21:32.440] No, I have not.
[21:32.440 --> 21:38.720] A lot of times people get a letter from them saying one thing or the other.
[21:38.720 --> 21:46.800] That would be hard evidence, just that you have reason to believe that your note was
[21:46.800 --> 21:49.120] transferred into a security instrument.
[21:49.120 --> 21:55.800] The judge is going to say, well, maybe it was, maybe it wasn't, so what?
[21:55.800 --> 22:03.600] What would be your complaint if your note was securitized?
[22:03.600 --> 22:07.760] Anytime you make a claim to the court, always assume the judge is going to say, so what?
[22:07.760 --> 22:11.680] Okay, how were you harmed?
[22:11.680 --> 22:13.580] It doesn't matter if they did something wrong.
[22:13.580 --> 22:17.520] If you weren't harmed, no harm, no foul.
[22:17.520 --> 22:24.040] Well, my harm would be that I can't properly convey the title knowing that I didn't receive
[22:24.040 --> 22:26.960] it properly.
[22:26.960 --> 22:37.520] Have you been unable to transfer the title or have you been harmed because of a problem
[22:37.520 --> 22:42.080] with the title?
[22:42.080 --> 22:44.200] You can't sue for what might happen.
[22:44.200 --> 22:46.040] I'm not being facetious here.
[22:46.040 --> 22:47.040] I'm getting to a point.
[22:47.040 --> 22:49.960] No, I understand your argument.
[22:49.960 --> 23:02.800] Look at your contract, especially look at Covenant 14, 15, and 16, 14, 15, 16, and 20.
[23:02.800 --> 23:10.840] Because in 20, it authorizes the lender to sell a portion of the note of the entire note
[23:10.840 --> 23:13.400] together with his security instrument.
[23:13.400 --> 23:17.120] If you can show that he sold a portion of the note and he didn't sell it together with
[23:17.120 --> 23:22.120] his security instrument, you don't have to show harm, you show breach of contract.
[23:22.120 --> 23:28.720] If you can show that the lender transferred a portion of the note and did not give you
[23:28.720 --> 23:38.560] notice in accordance with, I think it's 15 U.S. Code 1641, is that right, Joe?
[23:38.560 --> 23:45.120] The one that passed in 2009 in the Truth in Lending Act that requires the lender or the
[23:45.120 --> 23:51.920] holder to give notice within 30 days of a change in a beneficial interest in the note.
[23:51.920 --> 23:52.920] Right.
[23:52.920 --> 23:57.120] That was passed 2008, 15 U.S.C. Chapter 47, 1021.
[23:57.120 --> 23:58.120] Yeah.
[23:58.120 --> 24:04.040] It took effect in 09, so yours is after it took effect.
[24:04.040 --> 24:09.840] If you have reason to believe that it has changed hands, that some beneficial interest
[24:09.840 --> 24:18.960] has changed hands, and you weren't noticed, go to Covenant 16 where both parties agreed
[24:18.960 --> 24:23.760] to abide by all law, and then go to the Truth in Lending Act where they were required to
[24:23.760 --> 24:24.760] do this.
[24:24.760 --> 24:32.640] Never make your claim under the remedies granted in the Consumer Protection Laws, Real Estate
[24:32.640 --> 24:38.040] Settlement Procedures Act, Truth in Lending Act, Federal Collections Practices Act.
[24:38.040 --> 24:45.360] Make it, because generally they set the time limitations in order to make a claim so short
[24:45.360 --> 24:48.640] that your time is up.
[24:48.640 --> 24:55.200] But when they breach the statute, they breach the contract, so make your claim in terms
[24:55.200 --> 24:58.640] of a breach of contract, breach of the deed of trust.
[24:58.640 --> 25:05.760] And since you're up to date and ahead, look at all of the fees charged on the HUD-1 settlement
[25:05.760 --> 25:08.480] statement.
[25:08.480 --> 25:12.400] At closing, did you receive documentation to show that the fees charged on the HUD-1
[25:12.400 --> 25:17.520] settlement statement were not otherwise forbidden to be charged by law?
[25:17.520 --> 25:21.200] They charge one that wasn't authorized to be charged as a breach of contract, and that's
[25:21.200 --> 25:22.640] theft.
[25:22.640 --> 25:25.760] That's fraud.
[25:25.760 --> 25:28.400] That one's easy to prove.
[25:28.400 --> 25:35.840] One of the claims that we make is that those are called road ash fees.
[25:35.840 --> 25:40.800] If any fee has been charged on there, for all the fees that were charged, did you receive
[25:40.800 --> 25:46.920] at closing documentation to show that the fees charged were not otherwise forbidden
[25:46.920 --> 25:54.560] to be charged by law, that they were for services actually rendered, that the vendor was a bona
[25:54.560 --> 26:00.920] fide vendor and not a front company from one of your fiduciaries, that the service was
[26:00.920 --> 26:05.440] necessary, the amount charged was reasonable, and that the lender did not take an undisclosed
[26:05.440 --> 26:07.480] markup on the amounts charged?
[26:07.480 --> 26:12.080] That walks right down to the Truth in Lending Act.
[26:12.080 --> 26:16.760] If they breached any one of those, that's a breach of contract, and claim that all of
[26:16.760 --> 26:20.520] those fees were bogus.
[26:20.520 --> 26:30.320] Take them from the principal on the first payment and re-amortize your mortgage, assuming
[26:30.320 --> 26:36.440] you paid the amount you agreed to, but you didn't know that amount because these fees
[26:36.440 --> 26:37.440] were bogus.
[26:37.440 --> 26:41.600] You'll be surprised how much that'll show you overpay.
[26:41.600 --> 26:48.760] I could generally get a claim of at least the amount of the original principal against
[26:48.760 --> 26:50.840] the lender over those earlier fees.
[26:50.840 --> 26:51.840] All right.
[26:51.840 --> 26:57.360] Well, what do you do when your Truth in Lending Act, your notarized Truth in Lending Act has
[26:57.360 --> 27:04.760] the APR and the dollar amount blank?
[27:04.760 --> 27:10.160] It really doesn't do anything other than a... Is that the only one you received?
[27:10.160 --> 27:17.640] No, they gave us about six or seven different Truth in Lending Act.
[27:17.640 --> 27:25.240] As long as they gave you at least one, at least three days before closing, they're good.
[27:25.240 --> 27:29.680] If they gave you one at closing and it wasn't accurate or it was blank, it doesn't make
[27:29.680 --> 27:30.680] any difference.
[27:30.680 --> 27:33.800] They gave you one within three days of closing.
[27:33.800 --> 27:38.640] Truth in Lending doesn't get you... The statement doesn't get you far unless the amount you
[27:38.640 --> 27:46.840] actually pay is different from what you agreed to pay.
[27:46.840 --> 27:51.920] Oftentimes you'll see an amount claimed on the Truth in Lending Statement that's different
[27:51.920 --> 27:56.160] than the amount on the note itself.
[27:56.160 --> 28:01.520] If the billing from the bank has the amount of the Truth in Lending Statement and not
[28:01.520 --> 28:08.680] the amount that you agreed to pay when you signed the note, then that you can claim is
[28:08.680 --> 28:10.720] fraud.
[28:10.720 --> 28:14.760] But you also have a time limitation for some of the respitella as well.
[28:14.760 --> 28:16.760] Yeah, yeah, exactly.
[28:16.760 --> 28:25.000] But this fraud is renewed every time they send you a bill because a portion of that
[28:25.000 --> 28:30.960] bill contains this extra payment.
[28:30.960 --> 28:36.040] That one, every time they send you a bill, that one's always a good one.
[28:36.040 --> 28:45.160] What that one's good for is we've never brought one of those to a ruling by the court.
[28:45.160 --> 28:48.600] The bank will want to make a deal before they get there.
[28:48.600 --> 28:51.600] This one scares them.
[28:51.600 --> 28:58.440] This one scares them because from talking to... We've had people that were brokers
[28:58.440 --> 29:01.320] that we helped with foreclosure issues.
[29:01.320 --> 29:08.480] When I mentioned those fees, they said, don't you dare put those on there because they used
[29:08.480 --> 29:13.040] to put those fees on the HUD-1 Settlement Statement and they knew that every HUD-1 Settlement
[29:13.040 --> 29:17.320] Statement had false fees on it.
[29:17.320 --> 29:24.720] They know and when you make the claim, what we did in ours is we told them that if you
[29:24.720 --> 29:29.160] will provide documentation to prove up one of these claims, we will deduct it from the
[29:29.160 --> 29:30.160] calculation.
[29:30.160 --> 29:34.560] Got any idea in 600 lawsuits how many claims were proven out?
[29:34.560 --> 29:36.040] Probably none.
[29:36.040 --> 29:41.320] Absolutely, because everyone had at least one that was fraudulent.
[29:41.320 --> 29:43.960] You prove up one, you don't prove up the other.
[29:43.960 --> 29:48.520] Add first inference that the one not proved up was fraud.
[29:48.520 --> 29:54.240] Hang on, about to go to break, Randy Kelton, Steve Skidmore, Joe Esquivel, Rue La Radio,
[29:54.240 --> 29:56.760] our call in number 512-646-1984.
[29:56.760 --> 29:58.840] We'll be right back.
[29:58.840 --> 30:04.800] The Ten Commandments are a cornerstone of Judaism, Islam, and Christianity.
[30:04.800 --> 30:08.520] If you're an educated person, you should probably know them, regardless of your religion.
[30:08.520 --> 30:12.680] I'm Dr. Catherine Albrecht, and I'll be right back with a tip to help you remember one of
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[30:45.120 --> 30:50.440] The Fourth Commandment is about a four-letter word, W-O-R-K, work.
[30:50.440 --> 30:54.080] The Bible says, Remember the Sabbath day by keeping it holy.
[30:54.080 --> 30:58.360] Six days you shall labor and do all your work, but the seventh day is a Sabbath to the Lord
[30:58.360 --> 30:59.360] your God.
[30:59.360 --> 31:03.680] On it you shall not do any work, neither you, nor your son or daughter, nor your male or
[31:03.680 --> 31:08.120] female servant, nor your animals, nor any foreigner residing in your towns.
[31:08.120 --> 31:13.040] The Ten Commandments have probably inspired more commitment and controversy than any other
[31:13.040 --> 31:14.200] moral code.
[31:14.200 --> 31:17.720] The next time they come up in conversation, you'll remember the Fourth Commandment is
[31:17.720 --> 31:21.880] about that four-letter word, work, and when to take a break from it.
[31:21.880 --> 31:23.760] I'm Dr. Catherine Albrecht.
[31:23.760 --> 31:31.000] More news and information at CatherineAlbrecht.com.
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[33:06.320 --> 33:33.320] Yeah, yeah, oh, mm-hmm, yeah, I want it, I want it, I want it, I want it, I want it,
[33:33.320 --> 33:45.720] ooh, mm-hmm, yeah, I want, I want, I won't let you pull the wore–
[33:45.720 --> 33:50.400] Welcome back to Rule of Law Radio, folks, and we were talking with Brian in Illinois.
[33:50.400 --> 33:55.200] Brian, have we, pretty much, kicked this dead horse to pieces?
[33:55.200 --> 33:56.200] Yeah.
[33:56.200 --> 34:02.480] I had one last question, and that question was when bank of America, I guess, transferred
[34:02.480 --> 34:12.640] it to that transfer wasn't recorded in the county recorder's office. What can I do with
[34:12.640 --> 34:21.200] that information? Okay, that goes back to, all right, help me out here, Joe. Okay, let me get
[34:21.200 --> 34:28.800] this. They don't have to file that in the county recorder. They're required to notice you. And they
[34:28.800 --> 34:39.360] would have to notice you by certified mail, because that's in... So that would be a breach
[34:39.360 --> 34:43.120] of contract because... Wait a minute, wait a minute, wait a minute, wait a minute.
[34:45.200 --> 34:51.120] We're talking about somebody trying to enforce a security interest, is that correct?
[34:51.120 --> 35:03.360] No, we're talking about someone who alleges to hold an interest in the note.
[35:04.160 --> 35:11.840] That's a security interest. Who transfers that interest to someone else, is required,
[35:11.840 --> 35:17.920] or a portion of that interest to someone else, is required to notice the borrower within 30 days.
[35:17.920 --> 35:22.640] Well, we're still talking about a security interest. We're talking about the...
[35:24.400 --> 35:30.560] We're talking about 931-2. Yeah, UCC 9.... Yeah, 931-2.
[35:30.560 --> 35:37.200] While there is a temperate perfection afforded the instrument, by operation of law, sections
[35:38.000 --> 35:44.480] F through H stipulate that they have 20 days in order to perfect the tangible. After
[35:44.480 --> 35:49.440] day 20, if the tangible was not perfected, then it becomes an unsecured obligation.
[35:49.440 --> 35:52.560] No, no, no. That's not what we're talking about. We're not talking about filing the
[35:52.560 --> 35:56.240] security instrument with the clerk. We're talking about once...
[35:56.240 --> 35:56.800] No, no, no. Exactly, exactly.
[35:56.800 --> 36:03.440] I'm not talking about perfecting... Okay, you got party A. Party A was the
[36:03.440 --> 36:10.880] originator. The originator filed the deed of trust slash mortgage. If that deed of trust
[36:10.880 --> 36:20.640] slash mortgage has been filed of record, then any subsequent action on that instrument must also
[36:20.640 --> 36:28.080] be recorded. I'm speaking specifically to, I believe it is Texas, help me out here,
[36:28.080 --> 36:38.240] Texas Local Government Code section 192.007 and any other states and all other states
[36:38.240 --> 36:45.280] with a similar statute in where that if an instrument is recorded, any action upon that
[36:45.280 --> 36:53.680] instrument must also be recorded in the same manner. Now, we're still talking about a security
[36:53.680 --> 37:00.560] instrument. If somebody is trying to take something from you, they're trying to do it under a security
[37:00.560 --> 37:04.480] instrument. We have a security interest, I'm sorry. Correct.
[37:04.480 --> 37:10.960] So, UCC... No, no, no. They're not trying to take anything from Brian. Brian is up to date on his
[37:10.960 --> 37:14.560] payments. They're not foreclosing, they're not enforcing the security instrument.
[37:14.560 --> 37:17.680] Correct. But they have changed...
[37:17.680 --> 37:24.000] That's understood. They changed the holder status in the note. We're not talking about security
[37:24.000 --> 37:29.600] instrument at all. We're talking about the note or the beneficial interest in the note.
[37:29.600 --> 37:34.720] I'm talking about the party that would have the right to enforce.
[37:35.440 --> 37:44.800] No. That's a different issue. Whoever holds an interest in the note,
[37:46.480 --> 37:54.320] if they change the beneficial interest in the note, they must notice the borrower.
[37:54.320 --> 37:59.520] That's a specific requirement all on its own. Okay.
[38:00.640 --> 38:10.640] So, if Bank of America did in fact sell the beneficial interest to that note into a trust...
[38:10.640 --> 38:15.600] I can make real short work of this. This is straightforward.
[38:15.600 --> 38:19.840] I understand. That's exactly what I'm saying.
[38:19.840 --> 38:24.720] That's exactly what I'm saying. If you're going to the security instrument,
[38:24.720 --> 38:31.280] don't have anything to do with this. It's a different issue. Everything isn't involved
[38:31.280 --> 38:38.320] in everything. This is a very specific statute requiring a specific action in a specific
[38:38.320 --> 38:40.720] circumstance. That's understood.
[38:40.720 --> 38:49.280] They fail to do that. They breach the deed of trust. Boom. Now, we have a breach of the covenant
[38:49.280 --> 38:58.320] just because they didn't abide by this law over here. Anyway, I think I'm leading this down into
[38:58.320 --> 38:59.680] a hole. Yeah.
[38:59.680 --> 39:04.080] Or I'm missing something. That's the kind of hole I wanted to go down.
[39:05.440 --> 39:09.040] My argument is with Randy. That's what I'm trying to tell my attorney.
[39:11.920 --> 39:14.960] My argument is kind of based on what Randy is saying.
[39:14.960 --> 39:19.840] Okay. I know I was not noticed.
[39:19.840 --> 39:27.040] I did not receive the certified letter. Okay. That's part of it. Granted, that's part of it.
[39:29.520 --> 39:35.360] Okay. If somebody is making a claim like you owe me money
[39:36.800 --> 39:40.240] because I have a security interest in your note,
[39:40.240 --> 39:42.880] follow me. I understand.
[39:42.880 --> 39:49.760] Who are you to make that claim? To find out who you are to make that claim,
[39:49.760 --> 40:00.640] you go to UCC 9-213. Are you a party of record? Now, we're going into the public record.
[40:00.640 --> 40:07.840] Are you a party of record who has a security interest in this, making you the party who
[40:07.840 --> 40:23.840] can make the claim that I owe you money? Okay. Now, if they have a temporary, whoever's saying,
[40:23.840 --> 40:30.560] hey, you owe me money once a month, if they have a security interest
[40:30.560 --> 40:36.800] in your mortgage or in the intangible revenue stream or whatever part of your mortgage,
[40:36.800 --> 40:42.320] keeping in mind that a mortgage instrument is made up of two instruments, the note and
[40:42.320 --> 40:52.480] the deed of trust together, okay, making them one instrument. Who has the right to enforce that
[40:52.480 --> 41:01.520] instrument? Who has the right to enforce that instrument? Well, whoever has a recorded,
[41:01.520 --> 41:15.200] a perfected security instrument is that party. We go to 9-312 that allows a 20-day temporary
[41:15.200 --> 41:23.920] perfection. The permanent, the correct perfection is to record your security interest in the public
[41:23.920 --> 41:31.520] record in where the property is located. Now, what is your obligation to do that?
[41:31.520 --> 41:40.240] Randy, Covenant 16, right? Covenant 16. There you go. Now you've gotten to breach a contract.
[41:40.240 --> 41:45.840] No, no, no, I'm sorry. Covenant 16 and property code in text is 13001.
[41:45.840 --> 41:50.480] Yes. Yeah. But that's not the argument we were making here.
[41:52.000 --> 41:56.400] That may not be the argument you were making there, but it is an alternative argument,
[41:57.840 --> 42:02.560] nonetheless. The problem with that is, is the one who's doing the collection
[42:02.560 --> 42:11.520] will be the one who claims to be the servicer, and he will claim to act as agent for the holder.
[42:11.520 --> 42:18.560] Right, who had better have a security interest. But the problem we're having, we're having this
[42:18.560 --> 42:24.800] problem with chapter 7 bankruptcies where the person goes in with the chapter 7, claims the
[42:24.800 --> 42:30.560] property is unsecured, and the bank is unable or the servicer is unable to come to the table.
[42:30.560 --> 42:38.640] Yeah. And prove upstanding, so the bankruptcy court will discharge the note.
[42:38.640 --> 42:41.680] Yep. The debt of the tangible financial note.
[42:41.680 --> 42:44.160] Right, right. They still come back
[42:44.160 --> 42:50.960] and try to enforce the security instrument because the security instrument was filed in the public
[42:50.960 --> 42:57.520] record, and it is spatially valid and has not been challenged. Right.
[42:57.520 --> 43:07.040] Therefore, it is presumed to still be valid. And the enforcer on the security instrument doesn't
[43:07.040 --> 43:16.960] have to prove the note, it's just have to claim default. So what we're doing is if we get a
[43:18.800 --> 43:23.600] chapter 7 discharge, then we come back with a quiet title against the security instrument.
[43:23.600 --> 43:25.680] Perfect. And for Brian,
[43:25.680 --> 43:30.560] if you're up to date, you go in and see if you can blow out that security instrument.
[43:30.560 --> 43:34.800] If you can get a quiet title against the security instrument for breach of title,
[43:35.520 --> 43:42.160] get it ruled unenforceable, then you drop a warranty deed, transferring that property to a trust
[43:42.160 --> 43:49.760] in the record immediately. Yep. Okay, hang on. Randy Kelton, Steve Skidmore, Joe Esquivel,
[43:49.760 --> 43:56.800] Ruth of Law Radio, a call in number 512-646-1984. We'll be right back.
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[46:22.320 --> 46:23.360] Oh, yeah.
[46:24.640 --> 46:28.880] Always, I must be careful what I'm wishing for.
[46:30.240 --> 46:38.160] When I'm hungry, I like to know just what I'm fishing for. I ain't asking for much, I ain't
[46:38.160 --> 46:44.880] trying to be no glutton. I'm just here making my living, pushing buttons.
[46:44.880 --> 46:53.920] I get my message out to anyone in shot and distance. I vote for bravery and against slavery,
[46:53.920 --> 47:00.880] showing resistance. First I'm crawling, then I'm walking, then I start strutting.
[47:00.880 --> 47:16.240] I'm just so glad to make my living, pushing buttons.
[47:16.240 --> 47:22.320] Welcome back to Rule of Law Radio, folks. And Brian in Illinois, I think we've just about
[47:22.320 --> 47:27.840] worn that subject out, brother. We've got four other callers on the line. Did you have anything
[47:27.840 --> 47:34.800] else? Yeah, I just wanted to mention to you guys that in my audit, the person wrote that the
[47:36.480 --> 47:39.680] instrument was not perfected during the 20-day period.
[47:41.680 --> 47:49.680] There you go. That goes to the argument that we talked about there under 9312.
[47:50.720 --> 47:53.280] Yeah, but that's only useful to you.
[47:53.280 --> 48:03.440] That's a loaded question there, my friend.
[48:04.800 --> 48:06.960] There isn't one that's really stronger.
[48:06.960 --> 48:13.440] No, there's not. That is to be determined by the court and in how you present your argument.
[48:13.440 --> 48:18.880] They're not perfecting within 21 days. That's not something you can adjudicate later.
[48:18.880 --> 48:31.040] If you got in there on the 22nd day and filed a claim against the property, and they hadn't filed
[48:31.040 --> 48:38.160] their claim in the property, yours would stand in front of them. See, it won't for 21 days,
[48:39.200 --> 48:44.400] but on the 22nd day, if they don't get that thing filed, it's not perfected. So you can file one
[48:44.400 --> 48:49.920] in front of them, but if they get theirs filed before another one's filed in front of them,
[48:50.480 --> 48:53.440] that 21-day option is negated.
[48:53.440 --> 48:56.720] Okay. Does that make sense?
[48:56.720 --> 49:06.720] My attorney wants to go Gidmore's way, but I'm leaning towards Randy's way, so I'm listening to
[49:06.720 --> 49:12.960] you guys. The choice is yours, brother. We've all got our choices to make. It's your turn.
[49:12.960 --> 49:21.280] It's your turn. Life is filled with little decisions. We all get to make some.
[49:22.720 --> 49:28.640] You might look at putting both in there. You don't have to limit yourself to a single claim.
[49:28.640 --> 49:37.520] Sure. Absolutely. I mean, man, if you're going, okay, assess your situation. You're going after
[49:37.520 --> 49:46.880] a national bank. Throw every damn thing you've got at them, everything, the kitchen sink,
[49:46.880 --> 49:49.200] the faucet, the plumbing, throw it.
[49:50.320 --> 49:52.400] Brian, are you familiar with horse turds?
[49:53.680 --> 49:54.400] Randy.
[49:54.960 --> 50:01.760] You know, horses drop turds. They don't poop. They're little round kind of dry little things.
[50:01.760 --> 50:02.480] Horse apples.
[50:03.440 --> 50:06.080] But if you throw enough of them up against the wall,
[50:06.080 --> 50:07.360] one of them is going to stick.
[50:07.360 --> 50:13.760] And on that note, you gentlemen, have a nice night.
[50:13.760 --> 50:17.280] Thank you very much. I knew you'd run him off, Randy.
[50:18.880 --> 50:22.480] Brian, thank you for calling. We really do appreciate it.
[50:25.040 --> 50:31.360] Okay, we're going to go. Let's pull the pin on another hand grenade. Ramon in Texas, how are you?
[50:31.360 --> 50:33.120] I think we put him to sleep.
[50:33.120 --> 50:36.560] You may have. We made him mad. Ramon in Texas, you there, buddy?
[50:36.560 --> 50:37.280] I'm here.
[50:38.080 --> 50:39.600] All righty, what you got?
[50:39.600 --> 50:41.440] Are you here? Good evening, gentlemen.
[50:41.440 --> 50:49.920] Well, I'm somewhere. I understand you have a question in regard to Texas Government Code 16.103.
[50:49.920 --> 50:50.880] What you got, brother?
[50:50.880 --> 50:54.240] 16.004, to be more exact, sir. I apologize.
[50:54.240 --> 50:56.240] Oh, 004. Okay.
[50:56.240 --> 51:06.400] For the information on my behalf, but it is 16.004. And oh, excellent. And so I actually have a two-part
[51:06.400 --> 51:09.360] question, but Randy, how is it going, sir?
[51:10.160 --> 51:21.360] Not good. Ramon's son is a piano prodigy. And he was supposed to be a piano prodigy,
[51:21.360 --> 51:31.040] and he was supposed to give me a CD. So, take your-
[51:31.040 --> 51:35.040] I sent one song, but we owe you two more, at the minimum.
[51:35.040 --> 51:41.040] Okay. His son is absolutely incredible. How old is he now?
[51:41.040 --> 51:43.040] He's now 10. He was nine.
[51:43.040 --> 51:55.600] He was nine years old and was just, I was astounded at this child's ability. He was remarkable.
[51:55.600 --> 52:02.240] He's much better now. I mean, Randy, that's why I keep recording it over and over because like,
[52:02.240 --> 52:07.360] well, he's getting better. So I'm going to give you the best one, but it's always the best one.
[52:07.360 --> 52:10.240] The next one is always the best recording.
[52:10.240 --> 52:11.360] That's the way it should be.
[52:11.360 --> 52:14.960] You get better as we learn.
[52:14.960 --> 52:15.920] Exactly.
[52:15.920 --> 52:23.760] So, okay. 16.004, four-year limitation period. A, a person must bring suit on the following
[52:23.760 --> 52:29.840] actions no later than four years after the day the cause of action accrues. Pause right there.
[52:31.440 --> 52:35.920] Upon the day or after the day the cause of action accrues.
[52:35.920 --> 52:37.440] Got it.
[52:37.440 --> 52:44.240] The day the cause of action accrues is when the cause of action actually took place. What day
[52:44.240 --> 52:53.120] did somebody get kicked in the knee? This has been a very arbitrary question or it's a very
[52:53.120 --> 53:00.240] vague and ambiguous at times, but let's see if we can get some specificity out of this.
[53:00.880 --> 53:06.080] One, specific performance of a contract for the conveyance of real property. Two,
[53:06.080 --> 53:17.520] penalty or damages on the penal clause of a bond to convey real property. Three, debt. Four, fraud.
[53:17.520 --> 53:24.080] Or five, breach of fiduciary duty. Which one are you going to?
[53:28.080 --> 53:29.680] This your foreclosure issue?
[53:32.720 --> 53:33.680] Yes, sir.
[53:33.680 --> 53:38.160] Okay. Which one of those five elements are you going to?
[53:39.440 --> 53:41.600] Breach of contract on real property.
[53:41.600 --> 53:44.080] Breach of contract on real property. Okay.
[53:46.400 --> 53:48.880] Yep. Yes.
[53:48.880 --> 53:57.200] Okay. So, what is your specific question in regard to 16.004?
[53:57.200 --> 53:57.760] Thank you, sir.
[53:57.760 --> 54:08.320] I'm not very clear as to when one mortgage servicer allegedly sells
[54:10.160 --> 54:19.680] agency to another servicer and then when a different servicer from the original one or
[54:19.680 --> 54:29.920] alleged original one then pursues its foreclosure process. When does this
[54:31.440 --> 54:38.240] no later than four years after the day the cause of action accrues began? How does that...
[54:38.800 --> 54:40.640] The day you went into default.
[54:42.960 --> 54:44.160] But according to who...
[54:44.160 --> 54:48.720] You can generally calculate that about 90 days after your last payment.
[54:48.720 --> 54:50.000] Regardless...
[54:50.000 --> 54:54.080] I would not claim default. Do not stipulate to anything.
[54:54.080 --> 54:55.520] Well, correct. But...
[54:55.520 --> 54:57.280] No, no, no. He's not claiming default.
[54:57.280 --> 55:01.600] The banks are going to claim default. That's when they're going to say the cause of action
[55:01.600 --> 55:06.080] accrued, which would give them four years from that date to foreclose.
[55:06.960 --> 55:07.600] Yeah.
[55:07.600 --> 55:08.100] Correct.
[55:09.520 --> 55:12.640] So, how long has it been since you made a payment?
[55:12.640 --> 55:22.560] Three years and nine months.
[55:23.760 --> 55:25.360] Have they foreclosed yet?
[55:27.280 --> 55:28.720] You mean in the county records?
[55:29.520 --> 55:34.640] Has your property alleged to have been sold at public auction?
[55:36.400 --> 55:37.840] Yes, sir. Two attempts.
[55:37.840 --> 55:38.480] Okay.
[55:38.480 --> 55:43.120] Two attempts, but both attempts were mitigated. Wait, both attempts were mitigated.
[55:44.480 --> 55:52.560] I mean, were they rescinded? Was a deed of trust issued? I mean, a trustee's deed issued?
[55:54.400 --> 55:56.480] Yes, sir. Now, I received...
[55:56.480 --> 56:01.360] Was the foreclosure rescinded and the deed of trust withdrawn?
[56:03.760 --> 56:04.560] Yeah, right.
[56:06.000 --> 56:06.960] No, is the deed...
[56:06.960 --> 56:08.480] Is that a yes or no?
[56:08.480 --> 56:11.520] It was no. No way. They're not going to rescind anything.
[56:11.520 --> 56:16.880] Wonderful. That's even better. Tell them which one they go to now, Steve.
[56:18.560 --> 56:24.560] They've got a two-year go back up to 16-003.
[56:26.240 --> 56:35.520] I'm sorry, 16-003. Two-year limitation period. Let me read this to you. You're going to like this.
[56:35.520 --> 56:39.040] Keep in mind the date that they foreclosed. Okay?
[56:39.840 --> 56:40.480] Okay, sir.
[56:40.480 --> 56:51.040] A, Texas... Oh, this is government. So, Texas Civil Practices and Remedies Code 16.003,
[56:51.040 --> 57:00.800] two-year limitation period. A, accept as provided by section 16.010, inapplicable.
[57:00.800 --> 57:13.360] 16.0031, inapplicable. I'm adding inapplicable. And 16.0045, again, I add inapplicable.
[57:14.240 --> 57:22.000] A person must bring suit for trespass, for injury to the estate or to the property
[57:22.000 --> 57:29.760] of another, conversion of personal property, taking or detaining the personal property
[57:29.760 --> 57:39.920] of another, personal injury, forcible entry and detainer, and forcible detainer, not later than
[57:39.920 --> 57:47.200] two years after the cause of action, the day the cause of action accrues.
[57:48.400 --> 57:58.480] Now, I have received in litigation from... Do I hear the music? I do hear the music.
[57:58.480 --> 58:01.920] Top of the hour break. Okay. I'll see if I can get through this.
[58:02.480 --> 58:09.920] I received in the process of litigation a brief on the issue of the accrual of this
[58:10.880 --> 58:19.520] cause of action. And it has been claimed that it accrues on the fourth day after having received
[58:19.520 --> 58:25.280] a three-day notice to vacate. That makes sense. You got three days on their permission to be there
[58:25.280 --> 58:37.200] on day four. Ding, that bell rings. Count two years after that, and they cannot file a forcible
[58:37.200 --> 58:59.360] detainer in the state of Texas. 512-646-1984 is the number to dial. We'll be right back.
[59:07.440 --> 59:12.400] And it contains thousands of footnotes that will help you to know God and to know the meaning of
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[01:00:02.560 --> 01:00:06.560] This is the Liberty Beat, your daily source for Liberty news and activist updates
[01:00:06.560 --> 01:00:12.000] online at TheLibertyBeat.com. I'm Brian Hagan with your Liberty Beat for Friday, April 18,
[01:00:12.000 --> 01:00:22.000] 2014. Gold opens today at $1,302. Silver opened at $19.65, while Bitcoin is trading at $474.17.
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[01:03:27.760 --> 01:03:40.720] Okay, we are back. Randy Kelton, Steve Skidmore, Rudegra Radio. And we're talking to Ramon in Texas.
[01:03:42.640 --> 01:03:49.600] Okay, Ramon, where were we? So, excellent point, gentlemen. Outstanding. Thank you so much for
[01:03:49.600 --> 01:03:57.680] helping me understand this knowledge. So, 16.003 of the two-year limitation period, right, that we
[01:03:57.680 --> 01:04:02.640] just, you gentlemen just covered of the Civil Practice and Remedies Code under Title II. So,
[01:04:03.760 --> 01:04:11.440] that section, you're, from what Steve left off, from what I understand, is that that date started
[01:04:11.440 --> 01:04:19.520] from the day I received a fore... Now, let me clarify. Had I received a foreclosure notice saying
[01:04:19.520 --> 01:04:25.520] you have three days to move, to vacate the premises. Right, notice to vacate. So, let me
[01:04:25.520 --> 01:04:35.920] clarify, gentlemen. I have not received a notice to vacate. That was a question that I had. Can they,
[01:04:36.960 --> 01:04:43.040] they told the limitations period simply by not ordering you to vacate?
[01:04:45.600 --> 01:04:52.400] That process, Randy, that you have just referred to, sir, that I'm not very clear as to which
[01:04:52.400 --> 01:04:59.040] point of the law you're referring to, but what I can tell you, sir, is that I did not receive
[01:05:00.000 --> 01:05:11.840] any notice to vacate because the process for the sale of the title or ownership or whatever
[01:05:11.840 --> 01:05:22.400] instrument is, they say is required to sell at the county tax property sale every first Tuesday
[01:05:22.400 --> 01:05:34.480] of the month was mitigated. Wait a minute, say that again. You're kind of breaking up on me there.
[01:05:34.480 --> 01:05:43.200] Yes, sir. I mitigated the process of the property being sold at the county footsteps. Okay, how did
[01:05:43.200 --> 01:05:51.440] you mitigate it? I challenged the trustees that were listed. Okay, so then the property was held
[01:05:51.440 --> 01:05:58.320] from auction. It was not actually sold at auction. Is that correct? Sir, that is correct. Okay, okay.
[01:05:58.320 --> 01:06:04.640] No, wait, hold on, hold on, hold on. Ramon, did you stop the foreclosure? I thought you said earlier
[01:06:04.640 --> 01:06:10.560] it was the foreclosure that was held. Thank you, Randy. That's a great question. Let me clarify,
[01:06:10.560 --> 01:06:17.280] gentlemen. I misunderstood what you meant by foreclosure and what I defined as foreclosure.
[01:06:17.280 --> 01:06:21.600] So if foreclosure was receiving that three days notice to vacate the premises,
[01:06:21.600 --> 01:06:28.960] that is not- No, foreclosure- No, foreclosure is the sale. Okay, the property has not officially
[01:06:28.960 --> 01:06:38.080] ever been sold. Okay, then a cause of action has not accrued unless they claim default as a cause
[01:06:38.080 --> 01:06:45.680] of action, but default does not lead to eviction. Default leads to an eviction. Default leads to an
[01:06:45.680 --> 01:06:53.040] eviction. Default does not lead to eviction. Default leads to another process that leads
[01:06:53.040 --> 01:07:01.200] to eviction. Default leads to an offer of modification, an offer to settle. It leads to
[01:07:01.200 --> 01:07:05.280] acceleration. There's a lot of stuff that takes place before you get to the auction block.
[01:07:06.800 --> 01:07:14.240] From default, they got four years to get all that done. Correct. So you're back in the four year
[01:07:14.240 --> 01:07:24.160] period. Where I started was at the very prior to, just after receiving the first alleged,
[01:07:28.080 --> 01:07:36.240] it's a letter that says- Notice of default. Yes, notice of default. And that notice of default
[01:07:36.240 --> 01:07:42.400] will have a date on it. Yes, and that was- Of when, not the date of the letter itself,
[01:07:42.400 --> 01:07:47.600] but a date of when they alleged that you defaulted. The default occurred, correct.
[01:07:47.600 --> 01:07:54.560] Exactly, sir. Yes, I'm- Okay, that would be the accrual date of the cause of action to file
[01:07:54.560 --> 01:08:05.760] foreclosure. That's your four year window right there. Then upon foreclosure, right after the sale,
[01:08:05.760 --> 01:08:13.680] keep in mind foreclosure and sale are synonymous. Yes, sir. Right after the sale, they will try the,
[01:08:13.680 --> 01:08:18.800] they will begin the eviction process by sending you a three-day notice to get out of the property.
[01:08:19.440 --> 01:08:27.920] Of course, sir. Yes, sir. On day four, now that two-year statute limitations pursuant to 16003
[01:08:27.920 --> 01:08:36.080] kicks in. Yes, sir. Providing they foreclosed within the four-year period. If they fail to
[01:08:36.080 --> 01:08:42.320] foreclose within the four-year period after default, then they can't get to the two-year period
[01:08:42.320 --> 01:08:59.520] on the forcible detainer issue. So if the anniversary date of this 16-point, where did it go, 16103?
[01:08:59.520 --> 01:09:05.280] 03 is for the eviction process. That's a forcible entry and detainer, forcible detainer.
[01:09:05.280 --> 01:09:11.200] All right. But you have not, they have not sold the property at auction,
[01:09:11.200 --> 01:09:18.960] technically. You state that off two times. So that cause of action has not yet accrued.
[01:09:19.920 --> 01:09:27.920] What cause of action has allegedly accrued is the one that was set off that four-year
[01:09:28.640 --> 01:09:34.640] time limit to foreclose on the property. That is to take the property to sale and successfully
[01:09:34.640 --> 01:09:42.000] sell it at auction. They've got four years after the alleged default date. Thank you, sir.
[01:09:42.880 --> 01:09:50.240] You're welcome. I was wanting to understand. There you go. Is that it? That's it, sir.
[01:09:51.600 --> 01:09:57.680] Good deal. So, and Randy, one more, one question for you, sir. Okay. Okay. So
[01:09:57.680 --> 01:10:08.880] while this, let me ask you this. After combating a servicer in federal
[01:10:11.040 --> 01:10:17.680] court, even up to the appellant court, with a decision without prejudice out of the
[01:10:17.680 --> 01:10:31.600] district court, what do you recommend as the next step and what is the title of such a public notice
[01:10:31.600 --> 01:10:35.840] and process to implement? What did you file in the district court?
[01:10:39.120 --> 01:10:45.120] Oh, gosh. Well, that, that was a, for the most part, the challenge to agency standing in.
[01:10:45.120 --> 01:10:55.440] Yeah. Okay. Okay. Good. Then file a petition for quiet title. Okay, sir. Let me start type. Yes,
[01:10:55.440 --> 01:11:01.680] sir. Go ahead. Yeah. Just a quiet title action claiming that the security instrument
[01:11:02.320 --> 01:11:09.360] is void for a number of reasons. You have my evaluation. So you've got a number of reasons
[01:11:09.360 --> 01:11:14.480] in there and you just got to hold them off another six months. And that should be easy
[01:11:14.480 --> 01:11:20.960] enough with a quiet title action. Okay. Yeah. You can keep them tied up for a year with quiet title
[01:11:21.600 --> 01:11:28.000] if you do it right. So gentlemen, where, where, what source do I go to, to, to learn more how
[01:11:28.000 --> 01:11:36.080] this is implemented or to send me an email. Oh, okay. Simple enough to do that. Okay.
[01:11:37.360 --> 01:11:40.880] I'll look at what you got. We might want to send you to Joe, depending on,
[01:11:40.880 --> 01:11:46.720] I'll look back in your records and see what's there. Okay. But just send me an email to remind
[01:11:46.720 --> 01:11:53.120] me to look at everything and I will give you an assessment. Okay. And now Randy, I sent you one
[01:11:53.120 --> 01:11:58.480] song. Did you ever get that one song? I don't remember getting one. Okay. So I'm going to
[01:11:58.480 --> 01:12:05.920] re forward it again to your email. There you go. And thank you. I do owe you two more songs
[01:12:05.920 --> 01:12:13.520] that you can then rotate or however you would like to use, but at least. Okay. All right. Okay.
[01:12:13.520 --> 01:12:23.760] Thank you. Good night. Thank you. Now we're going to go to Carl in Oregon. Well, good evening,
[01:12:23.760 --> 01:12:31.040] gentlemen. Hello, Carl. How y'all doing tonight? Doing good. I'm ugly and I'm not house broke,
[01:12:31.040 --> 01:12:37.280] but my wife, silly thing, keeps letting me in the front door. If that tells you anything,
[01:12:38.800 --> 01:12:44.960] she's a very understanding woman. All right, gentlemen. I'm having difficulty. I can only
[01:12:44.960 --> 01:12:51.600] call in, so I might've gotten the particular topic on the wrong night for the show, but.
[01:12:52.640 --> 01:12:58.960] What you got? We'll see what we can do. Well, I think this is Mr. Craig's department here,
[01:12:58.960 --> 01:13:04.480] but anyway, I'll ask for you guys. I really appreciate all the information he gave on the
[01:13:04.480 --> 01:13:09.040] Alex Jones show. And then he was on the nightly news. He had that two and a half hour presentation,
[01:13:09.040 --> 01:13:15.760] which is terrific. It was very eye-opening. This is what I got going on from the department
[01:13:15.760 --> 01:13:25.760] of motor vehicles here in the state of Oregon. Well, I hate that word motor vehicles. Define
[01:13:25.760 --> 01:13:32.000] that for me. Let's not go down that rabbit hole. I'm sorry. Go ahead. No, no, no. No,
[01:13:32.000 --> 01:13:35.440] I'm not. I'm certainly not engaging in any transportation, that's for sure. Nothing to
[01:13:35.440 --> 01:13:41.360] come. There you go. Good, good, good. Okay. Well, that's what's going on. I'm in defiance
[01:13:41.360 --> 01:13:50.240] because I dropped my insurance. I see. Two and a half years ago, I went from California to Oregon,
[01:13:50.240 --> 01:13:53.920] and my insurance company dropped me without letting me know. So I went several months without auto
[01:13:53.920 --> 01:13:58.400] insurance. And they finally, they did this random search. And what they do, they do this,
[01:13:59.200 --> 01:14:03.520] trigger new people that have gone into another state. They go through and they randomly
[01:14:04.400 --> 01:14:11.200] audit people. So I got this type of DMV audit that came in and they asked me if I was carrying
[01:14:11.200 --> 01:14:17.360] auto insurance. And I told them I had a carrier as far as I know, but they suddenly dropped the
[01:14:17.360 --> 01:14:22.960] payment on it because I moved one state to the next state. So there's difference in their
[01:14:22.960 --> 01:14:29.040] coverage limitations, et cetera. So until about November, December of 2013, I kept getting
[01:14:29.040 --> 01:14:33.280] extensions with them until I could find something in the auto insurance. It's quite expensive here
[01:14:33.280 --> 01:14:39.440] opposed to California. I was able to get a policy for $15,000 property. It was $10,000 or $15,000
[01:14:39.440 --> 01:14:48.480] for a personal injury, et cetera. Objection, irrelevant. You're right. So anyway, they send
[01:14:48.480 --> 01:14:55.920] this note. So I've got to show some proof of future responsibility. Okay. And well,
[01:14:57.120 --> 01:15:01.040] since I dropped this about 37 some days ago, I didn't think that they would get to it this
[01:15:01.040 --> 01:15:06.160] quickly, but they quickly and promptly sent me this threatening, terroristic letter saying that I was
[01:15:06.160 --> 01:15:13.840] on the 15th. Let me see if I can implement some brevity. Are you licensed? Yes. Then you're on
[01:15:13.840 --> 01:15:24.480] the hook, brother. Okay. Sorry. Now, the question is, I have this lady that does this
[01:15:25.840 --> 01:15:35.520] auto bond program and then a sovereignty program. Be very, very careful. You've raised a red flag
[01:15:35.520 --> 01:15:46.080] with the word sovereignty. Okay. Yeah. That sent me right straight down a patriarch mythological
[01:15:46.080 --> 01:15:55.680] path. Were any of your ancestors, did any of them fight in the revolution? That I'm not sure of.
[01:15:55.680 --> 01:16:02.960] I'm not exactly sure what was going on. Okay. Then it's reasonably, we can reasonably presume
[01:16:02.960 --> 01:16:09.440] that you cannot lay that argument. Go ahead, Randy. Yeah. If none of your ancestors fought
[01:16:09.440 --> 01:16:16.640] in the revolution, you're not a sovereign. That's right. Okay. Those are the only ones,
[01:16:17.680 --> 01:16:20.800] those who fought in the revolution in their progeny are sovereigns.
[01:16:22.400 --> 01:16:27.440] And it does make a difference, but that's what it takes. Now, what is a sovereign? A sovereign is
[01:16:27.440 --> 01:16:36.160] somebody who has his own country, his own land. He makes his own laws. That's where you get into
[01:16:36.160 --> 01:16:42.720] trouble with the federal government claiming to be sovereign. They see you as claiming to be an
[01:16:42.720 --> 01:16:53.360] entity that can make laws that nullify theirs. 512, stay there, Carl. 512-646-1984 is the number
[01:16:53.360 --> 01:16:57.520] to dial, folks. We'll be right back after this brief message. Stay tuned.
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[01:19:22.800 --> 01:19:50.800] If I can't get everything I want, I need to get a range, yeah. If I can't get everything I need,
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[01:20:06.800 --> 01:20:14.800] Welcome back to Rule of Law, folks. We're getting close to the end of the show, 512-646-1984,
[01:20:14.800 --> 01:20:22.800] if you wanna get in line. And we are speaking with Carl in Oregon. Carl, what else is on
[01:20:22.800 --> 01:20:28.800] your mind? Oh, I'm sorry. Yeah, let me pick back up there. When you said sovereign man,
[01:20:28.800 --> 01:20:34.800] that sent off a red flare big time. Please, please, please, I mean, choose your battles.
[01:20:34.800 --> 01:20:41.800] Be very, very careful in who you choose to follow. As a matter of fact, I would recommend
[01:20:41.800 --> 01:20:50.800] you not follow. Lead. Lead. Okay. Lead. Don't follow. Lead. Right. And the only way you
[01:20:50.800 --> 01:20:58.800] can lead is by picking out good arguments from bad arguments. And as soon as you said sovereign,
[01:20:58.800 --> 01:21:06.800] bad argument. Okay. Bad argument. But anyway, pick up from there. Yeah. Well, gentlemen,
[01:21:06.800 --> 01:21:09.800] this is the bottom line. This is what I wanna be able to find out if this is legitimate
[01:21:09.800 --> 01:21:20.800] to try to pursue, is try to get an auto bond. Yeah. Never heard of it. Yeah, you can be,
[01:21:20.800 --> 01:21:27.800] if you get a bond, then you're self-insured. I know you can do that here in Texas. Okay.
[01:21:27.800 --> 01:21:35.800] So you can probably do that in Oregon. It just depends on Oregon law. Right. You've
[01:21:35.800 --> 01:21:40.800] not, you've not received a citation, have you? No, no, I just, this is a notice, notice
[01:21:40.800 --> 01:21:46.800] in the mail. Yeah. The threat that if you don't show future responsibility before such
[01:21:46.800 --> 01:21:54.800] and such a date here, then I will be, my license will be suspended. Well, then that, by the
[01:21:54.800 --> 01:22:01.800] way, Randy just explained it, I would say that auto bond would be sufficient. Randy?
[01:22:01.800 --> 01:22:07.800] Well, I don't know about Oregon, but I know in, in Texas, you can buy a bond and then
[01:22:07.800 --> 01:22:13.800] be self-insured. Yeah. All right. So there is this thing is it is legitimate for me to
[01:22:13.800 --> 01:22:17.800] try to pursue it. It costs about $200 and the lady will do this for me, but I have to
[01:22:17.800 --> 01:22:25.800] send her all kinds of information about my family. Okay. Is she a bonding agent? Well,
[01:22:25.800 --> 01:22:31.800] her name is Dr. Teresa Blankenship. She goes by the name Dr. T and she has a... I don't
[01:22:31.800 --> 01:22:39.800] know about that, but is she a licensed bondsman? No, these kinds of bonds are actually a form
[01:22:39.800 --> 01:22:47.800] of insurance. That doesn't sound right. $200 for this kind of bond does not sound right
[01:22:47.800 --> 01:22:56.800] at all. Doesn't to me either. Okay. Usually you're going to have to meet the state requirements
[01:22:56.800 --> 01:23:04.800] of responsibility. What do they call responsibility? $10,000 coverage, $100,000 coverage. What
[01:23:04.800 --> 01:23:12.800] would be the expectation of being out of pocket money for somebody else's car, their hospital
[01:23:12.800 --> 01:23:17.800] expenses, should you be found at fault? These are the things that you're going to have to
[01:23:17.800 --> 01:23:27.800] have a sufficient bond to cover. That would be found out at the DMV and would be willing
[01:23:27.800 --> 01:23:33.800] to bet a call to the DMV or a letter to the DMV to find out if a bond would be sufficient
[01:23:33.800 --> 01:23:39.800] might be in order. If they say, yeah, sure. Yeah. Get you a bond and that would be sufficient.
[01:23:39.800 --> 01:23:44.800] Now, if somebody's offering you that sort of bond for $200, I'd go to somebody else
[01:23:44.800 --> 01:23:51.800] and I would pick somebody who has a license to issue a bond. Yeah. Go talk to an insurance
[01:23:51.800 --> 01:23:59.800] agent. Generally, this is a form of insurance and ask them about bonding yourself for an
[01:23:59.800 --> 01:24:05.800] automobile. A lot of times big companies will get a bond instead of insure all of their
[01:24:05.800 --> 01:24:12.800] vehicles. Okay. But I would definitely go to an insurance agent and talk about this.
[01:24:12.800 --> 01:24:18.800] This could get you in some serious trouble. Yep. Okay. Especially if you think you're
[01:24:18.800 --> 01:24:25.800] covered and you get in an accident, you could wind up in jail. Keep in mind too that bonds
[01:24:25.800 --> 01:24:34.800] are commercial paper. When you enter that realm, you had better not start arguing sovereign.
[01:24:34.800 --> 01:24:42.800] Okay. Got it. Because they are contradictory. I need to do a little bit more research on
[01:24:42.800 --> 01:24:50.800] the lady. I don't know exactly. Yes. There are a lot of people out there who have made
[01:24:50.800 --> 01:24:55.800] a name for themselves. Let me pop you off a few that have gotten a lot of people thrown
[01:24:55.800 --> 01:25:03.800] in jail. Tim Turner. Tim Turner, you'll get me really excited. There you go. Okay. You
[01:25:03.800 --> 01:25:10.800] see the reaction we got there? This lady might probably, my guess is she's long in the same
[01:25:10.800 --> 01:25:17.800] basket. Okay. This sounds too good to be true, brother. And if it sounds too good to be true,
[01:25:17.800 --> 01:25:23.800] it usually is. Yeah. That's why I wanted to find out before I did anything first. I wanted
[01:25:23.800 --> 01:25:29.800] to get someone else's professional. Bless your hearts. Yeah. It's better to test the
[01:25:29.800 --> 01:25:38.800] waters before you jump off in the deep end. Indeed. Yeah. Good choice. You got anything
[01:25:38.800 --> 01:25:44.800] else, Carl? Well, yeah. I just wanted to fight having to pay the cost of this auto insurance.
[01:25:44.800 --> 01:25:50.800] I'd like to research a little bit more to find out how would I be someone who's not
[01:25:50.800 --> 01:25:55.800] engaged in transportation. And I'm just a simple traveler. I just own my pickup truck
[01:25:55.800 --> 01:26:05.800] and I go from point A to point B. Okay. Okay. Well, then all right, Randy. DOT. Yeah, that's
[01:26:05.800 --> 01:26:12.800] what I did. I went to the DOT in Washington. They've got a website and I registered with
[01:26:12.800 --> 01:26:19.800] the DOT. I have a DOT number on the back of my vehicle. And it is a vehicle, but I don't
[01:26:19.800 --> 01:26:25.800] always use it as a vehicle. It is licensed. He's commercial ready, but he's not engaged
[01:26:25.800 --> 01:26:31.800] in commerce. Not right now. Exactly. And that's what that DOT number is. I'm registered as
[01:26:31.800 --> 01:26:39.800] a private operator, not in commerce. So every time a police officer pulls me over, I ask
[01:26:39.800 --> 01:26:46.800] them, did you see that DOT number on the back of my vehicle? And the last one said, well,
[01:26:46.800 --> 01:26:55.800] no, I didn't. Well, you might want to go look at it. I call that constructive notice. Exactly.
[01:26:55.800 --> 01:27:06.800] Very good. Now, Eddie objects to that because he says I'm contracting with them. And I'm
[01:27:06.800 --> 01:27:15.800] saying, yes, I am. But my contract says they are given official notice that I am not in
[01:27:15.800 --> 01:27:25.800] commerce. That's my contract. That'll work for me. If you're not in commerce, then none
[01:27:25.800 --> 01:27:33.800] of your statutes apply to me. And I don't mean to discredit Eddie in any way. This is
[01:27:33.800 --> 01:27:39.800] just a strategy I use. And so far it's worked. It's got me out of a number of tickets. And
[01:27:39.800 --> 01:27:48.800] the last ticket I got when I went to the court, I raised issues about certification under
[01:27:48.800 --> 01:27:56.800] DOT of their officers and did all kinds of information requests. And the judge called
[01:27:56.800 --> 01:28:02.800] my case and said to the prosecutor, is the state ready? And the prosecutor said, no,
[01:28:02.800 --> 01:28:10.800] the state is not ready. Boom, dismissed. That worked.
[01:28:10.800 --> 01:28:17.800] Well, gentlemen, I have a last question that popped in my mind just now. When my driver
[01:28:17.800 --> 01:28:20.800] license expires-
[01:28:20.800 --> 01:28:22.800] It dies.
[01:28:22.800 --> 01:28:30.800] Okay. When that time comes, at that time, what should I do to try to transition into
[01:28:30.800 --> 01:28:32.800] being just a private operator?
[01:28:32.800 --> 01:28:41.800] Okay. It depends on the fight you want to have. Is that the fight you want to have?
[01:28:41.800 --> 01:28:47.800] The place where the courts fight the hardest are traffic courts. The place where they are
[01:28:47.800 --> 01:28:53.800] the most corrupt are traffic courts. Do you want to try to fix that issue?
[01:28:53.800 --> 01:28:56.800] Yes. I'd like to be-
[01:28:56.800 --> 01:28:58.800] You're talking about taking on the whole system.
[01:28:58.800 --> 01:29:06.800] Yeah. You're talking about a really big fight. I have other fights. I didn't pick that one.
[01:29:06.800 --> 01:29:10.800] Would it be easier to change the system or step out of it?
[01:29:10.800 --> 01:29:13.800] I'd like to step out of it.
[01:29:13.800 --> 01:29:20.800] There you go. You have just redefined your target.
[01:29:20.800 --> 01:29:28.800] Okay. Should I just let the license go when the time comes when it expires?
[01:29:28.800 --> 01:29:31.800] I keep my license. I keep it up to date.
[01:29:31.800 --> 01:29:33.800] Okay.
[01:29:33.800 --> 01:29:39.800] Again, he's commercial ready, but right now he's not using his license.
[01:29:39.800 --> 01:29:44.800] I don't want to have to keep bailing myself out of jail and spending all of my time going
[01:29:44.800 --> 01:29:50.800] down to the courts fighting for this issue. I pick my fights real careful. I've got other
[01:29:50.800 --> 01:29:55.800] fights that I'm much too busy with to have this one. So you need to decide if you want
[01:29:55.800 --> 01:29:57.800] to have this fight.
[01:29:57.800 --> 01:29:59.800] We'll be right back, folks.
[01:29:59.800 --> 01:30:04.800] The Ten Commandments are a cornerstone of Judaism, Islam, and Christianity. If you're
[01:30:04.800 --> 01:30:08.800] an educated person, you should probably know them, regardless of your religion. I'm Dr.
[01:30:08.800 --> 01:30:12.800] Catherine Albrecht, and I'll be right back with a tip to help you remember one of the
[01:30:12.800 --> 01:30:14.800] Ten Commandments.
[01:30:43.800 --> 01:30:49.800] I'm reminded of the Fifth Commandment whenever I look at my hand. My five fingers act as
[01:30:49.800 --> 01:30:54.800] a unit. This reminds me of how a family works together as a unit. The Fifth Commandment
[01:30:54.800 --> 01:30:59.800] is all about family and how children should regard their parents. The Commandment says,
[01:30:59.800 --> 01:31:03.800] honor your father and your mother so that you may live long in the land the Lord your
[01:31:03.800 --> 01:31:08.800] God is giving you. The Ten Commandments have probably inspired more commitment and controversy
[01:31:08.800 --> 01:31:13.800] than any other moral code. The next time they come up in conversation, you'll look at your
[01:31:13.800 --> 01:31:18.800] five fingers and remember that the Fifth Commandment is about family functioning and the mandate
[01:31:18.800 --> 01:31:20.800] to honor your father and mother.
[01:31:20.800 --> 01:31:25.800] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
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[01:33:00.800 --> 01:33:23.800] You are listening to the Logos Radio Network. LogosRadioNetwork.com.
[01:33:30.800 --> 01:33:42.800] Welcome back to Rule of Law Radio, folks. We're in the last half hour of the show and
[01:33:42.800 --> 01:33:52.800] we're speaking with Carl in Oregon. Carl in Oregon. Do you have anything else? We got
[01:33:52.800 --> 01:33:54.800] a couple more callers we'd like to get to.
[01:33:54.800 --> 01:34:00.800] Right. Well, my status is I'm retired. I'm just trying to get the best premium I possibly
[01:34:00.800 --> 01:34:06.800] can for alternative options. And you guys don't, you're kind of leery about this auto
[01:34:06.800 --> 01:34:08.800] bond deal.
[01:34:08.800 --> 01:34:14.800] Well, not necessarily. I'm more leery about the source.
[01:34:14.800 --> 01:34:15.800] All right.
[01:34:15.800 --> 01:34:19.800] It's not the bond issue. It's the source I'm leery of.
[01:34:19.800 --> 01:34:22.800] Okay. Well, she's been in business for several years.
[01:34:22.800 --> 01:34:27.800] Check with your state, see if they allow the bond, and then check with a licensed bonding
[01:34:27.800 --> 01:34:34.800] agent or an insurance company, somebody who has a license to issue these things. If you're
[01:34:34.800 --> 01:34:39.800] talking to somebody that claims to hand you the world on a silver platter for 200 bucks,
[01:34:39.800 --> 01:34:42.800] scream and run backwards, buddy.
[01:34:42.800 --> 01:34:45.800] All righty. All right.
[01:34:45.800 --> 01:34:51.800] If it sounds too good to be true, it probably is. And this honestly sounds too good to be
[01:34:51.800 --> 01:34:55.800] true. That kind of coverage for $200? No, sir.
[01:34:55.800 --> 01:34:56.800] Okay.
[01:34:56.800 --> 01:34:58.800] I ain't buying it.
[01:34:58.800 --> 01:34:59.800] All right.
[01:34:59.800 --> 01:35:01.800] Somebody just wants your $200.
[01:35:01.800 --> 01:35:04.800] Okay. DOT and then check with my state.
[01:35:04.800 --> 01:35:05.800] You bet.
[01:35:05.800 --> 01:35:09.800] Okay. Got it, gentlemen. All right. Well, thank you so very much. I'll jump in and let
[01:35:09.800 --> 01:35:10.800] you know where the callers are.
[01:35:10.800 --> 01:35:11.800] Absolutely.
[01:35:11.800 --> 01:35:12.800] You guys take care.
[01:35:12.800 --> 01:35:13.800] Appreciate you calling in.
[01:35:13.800 --> 01:35:15.800] All right.
[01:35:15.800 --> 01:35:22.800] All righty. Now, we're going to Darryl in California. Hello, Darryl in California. How
[01:35:22.800 --> 01:35:27.800] are you this beautiful evening? Hello, Darryl.
[01:35:27.800 --> 01:35:32.800] We may have put Darryl to sleep.
[01:35:32.800 --> 01:35:34.800] We have a way of doing that.
[01:35:34.800 --> 01:35:37.800] Yes, we do. Okay. We are going to this place.
[01:35:37.800 --> 01:35:40.800] Darryl in California going once, going twice.
[01:35:40.800 --> 01:35:42.800] I've already muted him.
[01:35:42.800 --> 01:35:45.800] Francis in Colorado.
[01:35:45.800 --> 01:35:48.800] Miss Francis. Hello, Miss Francis.
[01:35:48.800 --> 01:35:50.800] What kind of stink are you stirring up there?
[01:35:50.800 --> 01:35:54.800] Oh, well, you know, I'm not doing too much.
[01:35:54.800 --> 01:35:56.800] I don't believe it.
[01:35:56.800 --> 01:35:58.800] Oh, well, you know.
[01:35:58.800 --> 01:36:01.800] You're one of them that likes to stir the pot.
[01:36:01.800 --> 01:36:02.800] I do.
[01:36:02.800 --> 01:36:05.800] You're a woman after my own heart, honey.
[01:36:05.800 --> 01:36:08.800] I got the right spoon to smack them with when I do.
[01:36:08.800 --> 01:36:09.800] There you go.
[01:36:09.800 --> 01:36:18.800] Do you have those criminal complaints all structured?
[01:36:18.800 --> 01:36:20.800] You know what? I don't have them structured yet.
[01:36:20.800 --> 01:36:26.800] I ran down the hill and I did some shopping today and that's on my docket for tomorrow.
[01:36:26.800 --> 01:36:31.800] But I at least had more information than I realized I had gotten it all down.
[01:36:31.800 --> 01:36:35.800] So I just need to get it the way, you know, I've read everything and I sent you some documentation.
[01:36:35.800 --> 01:36:37.800] I think I had more than I realized.
[01:36:37.800 --> 01:36:42.800] But we got more in the mail because they were filing documents.
[01:36:42.800 --> 01:36:44.800] This is in the case of my mother-in-law.
[01:36:44.800 --> 01:36:48.800] They were filing documents into the court record and we weren't getting them.
[01:36:48.800 --> 01:36:54.800] The attorney that we had hired that quit last week, he was not forwarding them to us.
[01:36:54.800 --> 01:37:01.800] So does that mean that we had constructed notice and now we can't appeal on some of these things or what?
[01:37:01.800 --> 01:37:04.800] That could mean that, yes.
[01:37:04.800 --> 01:37:07.800] You have to really watch your attorney now.
[01:37:07.800 --> 01:37:09.800] Your attorney is your agent.
[01:37:09.800 --> 01:37:12.800] Notice to agent is notice to principal.
[01:37:12.800 --> 01:37:13.800] That's true.
[01:37:13.800 --> 01:37:20.800] Well, now when I demanded, when I last Friday found a bunch, I just had a, you know, SpideySense, GirlSense.
[01:37:20.800 --> 01:37:24.800] There were documents in the record that we didn't have.
[01:37:24.800 --> 01:37:29.800] We called, Galen called the clerk because that's his case.
[01:37:29.800 --> 01:37:32.800] And they faxed it over here and sure enough, I was right.
[01:37:32.800 --> 01:37:37.800] And I checked off the documents that we didn't have and faxed it to the attorney and said,
[01:37:37.800 --> 01:37:40.800] we demand that you get these to us by end of day.
[01:37:40.800 --> 01:37:46.800] And they called and said they didn't have them.
[01:37:46.800 --> 01:37:57.800] So this goes to who you sue, your attorney or the other side's attorney for malpractice?
[01:37:57.800 --> 01:37:59.800] Well, now one of them is a judgment.
[01:37:59.800 --> 01:38:02.800] They're trying to get a judgment against Galen.
[01:38:02.800 --> 01:38:05.800] He owned 50% of that trailer.
[01:38:05.800 --> 01:38:10.800] So they shouldn't be able to, you know, they took his property without due process
[01:38:10.800 --> 01:38:13.800] or they have to let him keep his half of it.
[01:38:13.800 --> 01:38:19.800] And then we had receipts to cover most of the others where by the law,
[01:38:19.800 --> 01:38:26.800] Galen is entitled as guardian for reimbursement for everything that he spent for costs advanced
[01:38:26.800 --> 01:38:28.800] as well as for his time.
[01:38:28.800 --> 01:38:31.800] We didn't claim anything for his time.
[01:38:31.800 --> 01:38:35.800] And so there shouldn't be anything due to the court, but we did send a check for the
[01:38:35.800 --> 01:38:40.800] difference between, you know, half and that would have been due to his mother,
[01:38:40.800 --> 01:38:44.800] less the expenses that they were refusing to reimburse.
[01:38:44.800 --> 01:38:49.800] And the court had violated the law and stated that they would not reimburse Galen.
[01:38:49.800 --> 01:38:56.800] I mean, we're just talking about mailing and a couple of trips and, you know, that kind of stuff.
[01:38:56.800 --> 01:38:59.800] And so by law, so what we have a judgment.
[01:38:59.800 --> 01:39:05.800] So now it looks like we have a judgment against us or him for his own property
[01:39:05.800 --> 01:39:09.800] and for what they owed him.
[01:39:09.800 --> 01:39:10.800] Okay.
[01:39:10.800 --> 01:39:14.800] The issue you need to sort out is this notice.
[01:39:14.800 --> 01:39:20.800] The documents that you have, do they have certificates of service on them?
[01:39:20.800 --> 01:39:22.800] You know, I didn't look at them.
[01:39:22.800 --> 01:39:24.800] I was so mad with Galen this afternoon that I didn't look at him.
[01:39:24.800 --> 01:39:29.800] But yes, he said that he should have gotten them, but it may have gone to his attorney.
[01:39:29.800 --> 01:39:31.800] So I'll check for the notice.
[01:39:31.800 --> 01:39:36.800] So you send your attorney a tort letter.
[01:39:36.800 --> 01:39:37.800] Okay.
[01:39:37.800 --> 01:39:44.800] And notice your attorney that you're preparing to sue him for what you're going to lose
[01:39:44.800 --> 01:39:48.800] because of his professional incompetence.
[01:39:48.800 --> 01:39:49.800] Okay.
[01:39:49.800 --> 01:39:50.800] Negligence, yeah.
[01:39:50.800 --> 01:39:56.800] Now that'll send your attorney to these other guys saying, we got to do something.
[01:39:56.800 --> 01:39:57.800] I bailed you guys out.
[01:39:57.800 --> 01:39:59.800] Now they're coming after me.
[01:39:59.800 --> 01:40:01.800] You got to help me out here.
[01:40:01.800 --> 01:40:02.800] Okay.
[01:40:02.800 --> 01:40:03.800] All right.
[01:40:03.800 --> 01:40:05.800] So then the next thing is, this one's good, Randy.
[01:40:05.800 --> 01:40:07.800] You're going to love it.
[01:40:07.800 --> 01:40:08.800] Okay.
[01:40:08.800 --> 01:40:09.800] So there's a car.
[01:40:09.800 --> 01:40:13.800] His mother just loved, loved, loved this car and she didn't want it sold.
[01:40:13.800 --> 01:40:15.800] And bless her little heart, she got to where she couldn't drive.
[01:40:15.800 --> 01:40:19.800] The only part that's not dented, I swear to God, is the roof.
[01:40:19.800 --> 01:40:24.800] I mean, there is a dent and a scratch on every side more than once.
[01:40:24.800 --> 01:40:28.800] She got to a point where she felt her way back into the garage.
[01:40:28.800 --> 01:40:30.800] Pretty much, yes.
[01:40:30.800 --> 01:40:31.800] Okay.
[01:40:31.800 --> 01:40:37.800] So we didn't realize that we noticed the court, that we sent a notice to the court that we
[01:40:37.800 --> 01:40:38.800] were going to move her.
[01:40:38.800 --> 01:40:40.800] So it wasn't like we were doing it undercover.
[01:40:40.800 --> 01:40:45.800] But evidently in South Dakota, we were supposed to petition the court and ask for permission.
[01:40:45.800 --> 01:40:47.800] And so all common sense is gone at this point.
[01:40:47.800 --> 01:40:49.800] And we moved that car because she so loved it.
[01:40:49.800 --> 01:40:52.800] I mean, I just, I'm not going to drive it.
[01:40:52.800 --> 01:40:54.800] The tires are old, you know.
[01:40:54.800 --> 01:40:56.800] I mean, it just hadn't been driven enough.
[01:40:56.800 --> 01:41:00.800] And it's just been sitting outside the house covered with lots of snow.
[01:41:00.800 --> 01:41:07.800] And so they're screaming on the record, this conservator is screaming on the record and
[01:41:07.800 --> 01:41:13.800] making threats on the record that Galen has changed the title.
[01:41:13.800 --> 01:41:18.800] I'm like, honey, get off your lily white butt and walk down to the DMV and see if that's
[01:41:18.800 --> 01:41:20.800] true because it's not.
[01:41:20.800 --> 01:41:24.800] So that needs to go into the criminal complaint, does it not?
[01:41:24.800 --> 01:41:26.800] And then I can, we can address-
[01:41:26.800 --> 01:41:28.800] False claims.
[01:41:28.800 --> 01:41:29.800] Huh?
[01:41:29.800 --> 01:41:31.800] False claims.
[01:41:31.800 --> 01:41:32.800] False claims.
[01:41:32.800 --> 01:41:34.800] Tampering with a government document.
[01:41:34.800 --> 01:41:36.800] Yeah.
[01:41:36.800 --> 01:41:37.800] Oh.
[01:41:37.800 --> 01:41:43.800] If you file a government document that has false statements on it and you know those
[01:41:43.800 --> 01:41:48.800] statements are false and you intend to be taken as true, in Texas that would be tampering
[01:41:48.800 --> 01:41:49.800] with the government document.
[01:41:49.800 --> 01:41:52.800] You've probably got a similar statute in South Dakota.
[01:41:52.800 --> 01:41:53.800] Okay.
[01:41:53.800 --> 01:41:59.800] Now how should this attorney know that these statements are false?
[01:41:59.800 --> 01:42:06.800] He needed to, he had to know that they were true when he stated it.
[01:42:06.800 --> 01:42:11.800] Well, he's making assumptions on something that he could clarify for himself, something
[01:42:11.800 --> 01:42:14.800] that is in public record.
[01:42:14.800 --> 01:42:15.800] Okay.
[01:42:15.800 --> 01:42:24.800] So if he did not go and do his due diligence, whoopsie, that's an ethics violation.
[01:42:24.800 --> 01:42:27.800] He has imputed knowledge of what's publicly available.
[01:42:27.800 --> 01:42:28.800] Yep.
[01:42:28.800 --> 01:42:35.800] So if he has not performed his due diligence to make sure that his claims are not false,
[01:42:35.800 --> 01:42:41.800] that goes to the ethics, rules of ethics.
[01:42:41.800 --> 01:42:42.800] Okay.
[01:42:42.800 --> 01:42:47.800] I forget which one specifically, but you might take a gander through the ethics.
[01:42:47.800 --> 01:42:48.800] Yeah.
[01:42:48.800 --> 01:42:55.800] Go to LegalEarth.net and on the front page there's three maps, the one on the right,
[01:42:55.800 --> 01:42:58.800] the American Bar Association model standards.
[01:42:58.800 --> 01:42:59.800] Okay.
[01:42:59.800 --> 01:43:01.800] So spell that legal.
[01:43:01.800 --> 01:43:02.800] LegalEarth.
[01:43:02.800 --> 01:43:03.800] Oh, LegalEarth.
[01:43:03.800 --> 01:43:04.800] I knew that.
[01:43:04.800 --> 01:43:05.800] Eat legal.
[01:43:05.800 --> 01:43:06.800] Okay.
[01:43:06.800 --> 01:43:07.800] I got that.
[01:43:07.800 --> 01:43:08.800] Okay.
[01:43:08.800 --> 01:43:09.800] And she-
[01:43:09.800 --> 01:43:12.800] How long have you been listening to this show, Frances?
[01:43:12.800 --> 01:43:15.800] I know, but sometimes-
[01:43:15.800 --> 01:43:16.800] Yeah.
[01:43:16.800 --> 01:43:19.800] Just open, the map is pretty small.
[01:43:19.800 --> 01:43:23.800] So right at the bottom, there's a little square with an arrow pointing up.
[01:43:23.800 --> 01:43:30.800] If you click on that square, you'll see a menu item that says maximize and that'll
[01:43:30.800 --> 01:43:32.800] open it up to full page.
[01:43:32.800 --> 01:43:33.800] Okay.
[01:43:33.800 --> 01:43:35.800] You should be able to walk right through those.
[01:43:35.800 --> 01:43:38.800] That's the code in questionnaire format.
[01:43:38.800 --> 01:43:40.800] You should be able to move right through it.
[01:43:40.800 --> 01:43:41.800] Okay.
[01:43:41.800 --> 01:43:43.800] Find exactly the one you need.
[01:43:43.800 --> 01:43:44.800] Okay.
[01:43:44.800 --> 01:43:45.800] Okay.
[01:43:45.800 --> 01:43:46.800] Hang on, Miss Frances.
[01:43:46.800 --> 01:43:48.800] We are going to break.
[01:43:48.800 --> 01:43:51.800] Randy Kelton, Steve Skidmore, Rule of Law Radio.
[01:43:51.800 --> 01:43:53.800] I'm not even going to give the call-in number.
[01:43:53.800 --> 01:43:55.800] We're going to our last segment.
[01:43:55.800 --> 01:43:59.800] We'll be right back.
[01:43:59.800 --> 01:44:03.800] Do you feel tired when talking about important topics like money and politics?
[01:44:03.800 --> 01:44:04.800] Boring.
[01:44:04.800 --> 01:44:07.800] Are you confused by words like the Constitution or the Federal Reserve?
[01:44:07.800 --> 01:44:08.800] What?
[01:44:08.800 --> 01:44:12.800] If so, you may be diagnosed with the deadliest disease known today, stupidity.
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[01:45:00.800 --> 01:45:03.800] Are you the plaintiff or defendant in a lawsuit?
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[01:46:22.800 --> 01:46:47.800] Thank you.
[01:46:47.800 --> 01:47:02.800] The people come down from the hills Into the city they will shuffle
[01:47:02.800 --> 01:47:16.800] Many long nights, many strong thrills Land of comfort, land of scuffle
[01:47:16.800 --> 01:47:31.800] It's hard to lose and it's hard to hold Far back as they remember, they've been told
[01:47:31.800 --> 01:47:46.800] They got to learn sign language, sign language, sign language, sign language
[01:48:01.800 --> 01:48:16.800] There have been some who've fixed defenses Then there are others who break the rules
[01:48:16.800 --> 01:48:31.800] There have been some who speak sentences Then there are others who speak with tools
[01:48:31.800 --> 01:48:46.800] It's hard to tell who's in control
[01:48:46.800 --> 01:49:01.800] It's hard to tell who's in control
[01:49:01.800 --> 01:49:16.800] It's hard to tell who's in control
[01:49:16.800 --> 01:49:31.800] It's hard to tell who's in control
[01:49:31.800 --> 01:49:46.800] It's hard to tell who's in control
[01:49:46.800 --> 01:50:01.800] It's hard to tell who's in control
[01:50:01.800 --> 01:50:16.800] It's hard to tell who's in control
[01:50:16.800 --> 01:50:31.800] It's hard to tell who's in control
[01:50:31.800 --> 01:50:46.800] It's hard to tell who's in control
[01:50:46.800 --> 01:51:01.800] It's hard to tell who's in control
[01:51:01.800 --> 01:51:16.800] It's hard to tell who's in control
[01:51:16.800 --> 01:51:31.800] It's hard to tell who's in control
[01:51:31.800 --> 01:51:46.800] It's hard to tell who's in control
[01:51:46.800 --> 01:52:01.800] It's hard to tell who's in control
[01:52:01.800 --> 01:52:16.800] It's hard to tell who's in control
[01:52:16.800 --> 01:52:31.800] It's hard to tell who's in control
[01:52:31.800 --> 01:52:46.800] It's hard to tell who's in control
[01:52:46.800 --> 01:53:01.800] It's hard to tell who's in control
[01:53:01.800 --> 01:53:16.800] It's hard to tell who's in control
[01:53:16.800 --> 01:53:31.800] It's hard to tell who's in control
[01:53:31.800 --> 01:53:46.800] It's hard to tell who's in control
[01:53:46.800 --> 01:54:01.800] It's hard to tell who's in control
[01:54:01.800 --> 01:54:16.800] It's hard to tell who's in control
[01:54:16.800 --> 01:54:31.800] It's hard to tell who's in control
[01:54:31.800 --> 01:54:46.800] It's hard to tell who's in control
[01:54:46.800 --> 01:55:01.800] It's hard to tell who's in control
[01:55:01.800 --> 01:55:16.800] It's hard to tell who's in control
[01:55:16.800 --> 01:55:31.800] It's hard to tell who's in control
[01:55:31.800 --> 01:55:46.800] It's hard to tell who's in control
[01:55:46.800 --> 01:56:01.800] It's hard to tell who's in control
[01:56:01.800 --> 01:56:16.800] It's hard to tell who's in control
[01:56:16.800 --> 01:56:31.800] It's hard to tell who's in control
[01:56:31.800 --> 01:56:46.800] It's hard to tell who's in control
[01:56:46.800 --> 01:57:01.800] It's hard to tell who's in control
[01:57:01.800 --> 01:57:16.800] It's hard to tell who's in control
[01:57:16.800 --> 01:57:31.800] It's hard to tell who's in control
[01:57:31.800 --> 01:57:46.800] It's hard to tell who's in control
[01:57:46.800 --> 01:58:01.800] It's hard to tell who's in control
[01:58:01.800 --> 01:58:16.800] It's hard to tell who's in control
[01:58:16.800 --> 01:58:31.800] It's hard to tell who's in control
[01:58:31.800 --> 01:58:46.800] It's hard to tell who's in control
[01:58:46.800 --> 01:59:01.800] It's hard to tell who's in control
[01:59:01.800 --> 01:59:16.800] It's hard to tell who's in control
[01:59:16.800 --> 01:59:31.800] It's hard to tell who's in control
[01:59:31.800 --> 01:59:46.800] It's hard to tell who's in control
[01:59:46.800 --> 02:00:01.800] It's hard to tell who's in control