ROL_2014-05-23_16k_Hr1-2.timecode
[00:00.000 --> 00:08.080] This is the Liberty Beat, your daily source for Liberty news and activist updates, online
[00:08.080 --> 00:09.080] at thelibertybeat.com.
[00:09.080 --> 00:14.240] I'm Brian Hagan with your Liberty Beat for Friday, May 23rd, 2014.
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[00:57.440 --> 01:02.760] In the news, nearly every phone call in Afghanistan, domestic and international, is being recorded
[01:02.760 --> 01:04.640] by the NSA.
[01:04.640 --> 01:09.320] That's revealed by WikiLeaks founder Julian Assange, who decided to name Afghanistan as
[01:09.320 --> 01:14.480] the country that other media outlets had previously referred to only as Country X.
[01:14.480 --> 01:20.160] According to Russia Today, the redaction of the name had come at the request of the U.S.
[01:20.160 --> 01:22.120] government.
[01:22.120 --> 01:27.040] The U.S. House of Representatives has voted 303 to 221 to pass a bill designed to end
[01:27.040 --> 01:30.960] the NSA's bulk data collection of domestic phone records.
[01:30.960 --> 01:36.560] The USA Freedom Act aims to reform the NSA in response to revelations by former NSA contractor
[01:36.560 --> 01:37.560] Edward Snowden.
[01:37.560 --> 01:42.120] Under the new bill, the NSA would have to limit its data collection to specific terms.
[01:42.120 --> 01:45.600] However, critics worry that the bill has been watered down.
[01:45.600 --> 01:49.640] Civil liberty and privacy advocates fear that last minute changes to the bill's language
[01:49.640 --> 01:55.960] will allow the NSA to continue to collect Americans' information.
[01:55.960 --> 02:00.400] On Tuesday, the Obama administration announced the release of classified memos dealing with
[02:00.400 --> 02:05.120] the targeted drone assassination of American citizen Anwar al-Awlaki.
[02:05.120 --> 02:10.640] Solicitor General Donald B. Verrell Jr. decided not to appeal a recent court decision requiring
[02:10.640 --> 02:13.960] the release of the documents under the Freedom of Information Act.
[02:13.960 --> 02:18.360] The memos, written by Harvard law professor David J. Barron, will be reviewed and redacted
[02:18.360 --> 02:20.560] before being opened to the public.
[02:20.560 --> 02:24.560] The lawsuit was brought forth by the New York Times and the American Civil Liberties Union.
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[02:51.040 --> 02:55.040] This is the Liberty Beat for Friday, May 23rd, 2014.
[03:21.040 --> 03:43.440] This is the Liberty Beat for Friday, May 23rd, 2014.
[03:43.440 --> 03:49.400] So why are you acting like a bloody fool taken against theogenesis?
[03:49.400 --> 03:53.820] Bad boys, bad boys, Whatcha gonna do, whatcha gonna do when they come towards you?
[03:53.820 --> 03:59.460] Bad boys, bad boys, Whatcha gonna do, whatcha gonna do when they come towards you?
[03:59.460 --> 04:04.780] You took it on that one, you took it on this one You took it on your mother and you took
[04:04.780 --> 04:07.660] it on your father You took it on your brother and you took it
[04:07.660 --> 04:11.640] on your sisters You took it on that one and you took it on me
[04:11.640 --> 04:12.640] What's it gonna do?
[04:12.640 --> 04:13.640] What's it gonna do?
[04:13.640 --> 04:14.640] What they come for you?
[04:14.640 --> 04:15.640] Bad boys, bad boys, bad boys.
[04:15.640 --> 04:16.640] What you gonna do?
[04:16.640 --> 04:17.640] What you gonna do?
[04:17.640 --> 04:18.640] What they come for you?
[04:18.640 --> 04:19.640] Bad boys, bad boys, bad boys.
[04:19.640 --> 04:20.640] Howdy, howdy.
[04:20.640 --> 04:21.640] This is Randy Kelton with Winskidmore.
[04:21.640 --> 04:22.640] Google our radio.
[04:22.640 --> 04:29.680] Everybody else is a little late today so you're stuck with me for the time being.
[04:29.680 --> 04:40.240] This is Friday, May the 23rd, 2014 hour, four hour info marathon.
[04:40.240 --> 04:43.040] We will have the phone lines open all night.
[04:43.040 --> 04:47.960] We don't have a guest tonight so we'll start taking calls as soon as they start showing
[04:47.960 --> 04:50.000] up.
[04:50.000 --> 04:56.000] And there were a couple of, it's a good night to do one of these, there were a couple of
[04:56.000 --> 04:57.440] archives I wanted to do.
[04:57.440 --> 05:03.960] I wanted to do a couple of shows where, one where I walk through due process and the other
[05:03.960 --> 05:08.040] one where I walk through the foreclosure process.
[05:08.040 --> 05:13.960] And tonight I'd kind of like to start with the foreclosure process.
[05:13.960 --> 05:18.920] It's not something we've done often where we start from the beginning and kind of work
[05:18.920 --> 05:21.600] our way to the back.
[05:21.600 --> 05:27.440] So I'm gonna start off with talking about, you know, this is part of the presentation
[05:27.440 --> 05:34.480] I used to give quite a while ago about how this all came about.
[05:34.480 --> 05:43.440] In 1907 there was a major stock market crash and this stock market crash occurred because
[05:43.440 --> 05:46.680] of what they called bucket shops.
[05:46.680 --> 05:52.600] People could go into these bucket shops and bet on a stock whether it would increase or
[05:52.600 --> 05:58.680] decrease without actually buying the stock and they called that derivatives trading.
[05:58.680 --> 06:06.160] It destabilized the stock market and in 1907 caused a stock market crash so the legislature
[06:06.160 --> 06:14.040] made it a felony crime to bet on stocks without buying them or a felony crime to trade in
[06:14.040 --> 06:16.040] derivatives.
[06:16.040 --> 06:22.160] And then in 1929 there was a stock market crash and that stock market crash brought
[06:22.160 --> 06:35.720] with it a major real estate crash and while the crash was blamed on the real estate problem
[06:35.720 --> 06:41.720] that wasn't really the problem, the crash was actually caused by naked short selling.
[06:41.720 --> 06:51.760] I'll explain that another time but they blamed it on the, they blamed it on the banks speculating
[06:51.760 --> 06:54.520] with depositor funds.
[06:54.520 --> 07:02.120] So in the Glass-Steagall Act after the crash of 29 the legislature forbade banks to speculate
[07:02.120 --> 07:06.160] with the depositor funds.
[07:06.160 --> 07:16.600] Well in 1993 some really sharp whiz bang financial guys come up with this great idea.
[07:16.600 --> 07:27.640] Not all these long term debt obligations, the residential real estate market where people
[07:27.640 --> 07:38.240] are entering into 20 and 30 year debt obligations and you have all of these entities with a
[07:38.240 --> 07:47.360] lot of money that they need to invest for a long term primarily investment, I mean I'm
[07:47.360 --> 07:50.480] sorry retirement funds.
[07:50.480 --> 07:54.040] Retirement funds are collecting all this money they need a place to put it.
[07:54.040 --> 07:59.000] So this looked like a perfect match.
[07:59.000 --> 08:10.560] So problem, what they wanted to do was trade these real estate, these residential mortgages
[08:10.560 --> 08:12.840] on the secondary securities market.
[08:12.840 --> 08:19.640] The problem with that is it got into both derivatives trading and into banks speculating
[08:19.640 --> 08:21.920] with the depositor funds.
[08:21.920 --> 08:24.280] So they were forbidden to do that.
[08:24.280 --> 08:34.200] 1995 they put together a company called Mortgage Electronic Registration Systems and the idea
[08:34.200 --> 08:44.040] of Mortgage Electronic Registration Systems, MERS, was to avoid the problem that they have
[08:44.040 --> 08:53.280] with real estate mortgages that while this investment strategy looked like a great idea
[08:53.280 --> 08:57.920] it had one minor hitch to it.
[08:57.920 --> 09:04.920] Real estate mortgages, real property has reporting requirements that other kinds of securities
[09:04.920 --> 09:13.200] don't have and primarily any claim against real property not properly filed in the public
[09:13.200 --> 09:17.160] record is void is to the holder.
[09:17.160 --> 09:25.000] Ownership and holder status of real property has been registered with some central registering
[09:25.000 --> 09:33.720] entity since in this country since 1638 but since people gathered together and claimed
[09:33.720 --> 09:39.480] ownership of property there's been registries where people could register their ownership
[09:39.480 --> 09:44.160] of that property otherwise there'd be no way to own property.
[09:44.160 --> 09:47.560] So this has always been a requirement.
[09:47.560 --> 09:55.680] Very specifically in the United States we have two different systems of registering.
[09:55.680 --> 09:56.960] One of them is a torrent system.
[09:56.960 --> 10:01.680] The other one is the, I forget what the name, it doesn't really have a name.
[10:01.680 --> 10:09.000] In the torrent system the only difference between the two is that the clerk determines
[10:09.000 --> 10:13.360] the state of title and the other one you'd use a title company to determine the state
[10:13.360 --> 10:19.560] of title but the way they determine the state of title is with a title search.
[10:19.560 --> 10:29.600] And in order for someone to be able to purchase property with some kind of reasonable assurance
[10:29.600 --> 10:37.200] that there wouldn't be some hidden claim against that property all reporting entities required
[10:37.200 --> 10:45.160] that any claim against real property be publicly posted in the county registrar's office.
[10:45.160 --> 10:51.040] Every state has a registrar's office where you go in and file your claims.
[10:51.040 --> 10:59.200] Texas has a specific statute 13.001 Texas Property Code that says any claim against
[10:59.200 --> 11:08.280] real property not properly filed, not properly acknowledged or proven and filed in the county
[11:08.280 --> 11:12.440] record is void as to the holder.
[11:12.440 --> 11:19.240] So I can go down to the county registrar's office, look what's in there and I don't
[11:19.240 --> 11:25.880] have to worry about any claims that aren't in that registrar's office that aren't publicly
[11:25.880 --> 11:27.600] available.
[11:27.600 --> 11:31.240] They can come along later and say well I have this claim against the property.
[11:31.240 --> 11:38.240] If it's not in that record they can't enforce the claim because in order for someone to
[11:38.240 --> 11:44.480] purchase property they would need to be able to be assured that when they paid for this
[11:44.480 --> 11:48.440] property they actually paid for it.
[11:48.440 --> 11:53.840] So with that no one in their right mind would invest in property in this country.
[11:53.840 --> 11:59.760] So that was a problem they had because what they wanted to do was take all of these real
[11:59.760 --> 12:09.840] estate residential real estate notes, group them together into one large investment pool
[12:09.840 --> 12:14.440] and then sell percentages of that investment pool to investors.
[12:14.440 --> 12:18.560] The percentages they sold were called tranches.
[12:18.560 --> 12:23.240] You'll hear that term when you look into the real estate industry and what it is is where
[12:23.240 --> 12:31.880] they've grouped together 10, 15, 20,000 of these residential mortgages into one large
[12:31.880 --> 12:34.080] investment pool.
[12:34.080 --> 12:39.640] They're generally called a pass through trust and that pass through trust will then be filed
[12:39.640 --> 12:46.600] with the eternal revenue service as a real estate mortgage investment conduit.
[12:46.600 --> 12:50.000] And when they file it with the IRS they get special tax breaks.
[12:50.000 --> 12:55.340] So they got they did their lobbying to get all their tax breaks to do they got everything
[12:55.340 --> 12:58.680] put together so they could run this great scheme.
[12:58.680 --> 13:08.160] Problem is that requirement that they file every claim against the property in the record
[13:08.160 --> 13:19.160] so that if they sold a tranche of one of these pools with 10,000 notes in it the holder status
[13:19.160 --> 13:27.040] of the each of the properties would change and would require a filing in the record for
[13:27.040 --> 13:35.120] each one of those and that between $20 and $50 a filing the cost could become prohibitive
[13:35.120 --> 13:41.200] because these banks would get several of these remakes running and if one remake was profitable
[13:41.200 --> 13:46.680] another one wasn't profitable then they could take a tranche off one move it over to the
[13:46.680 --> 13:54.920] other to adjust their income streams so they could keep from losing money but also keep
[13:54.920 --> 14:00.040] from gaining too much money on one tranche so they have to pay taxes on it.
[14:00.040 --> 14:05.480] So it was a pretty neat strategy except for the problem of having to register.
[14:05.480 --> 14:11.320] So what they did is put together this company they called MERS and what MERS would do was
[14:11.320 --> 14:15.640] act as a straw holder.
[14:15.640 --> 14:21.760] And if you read the deed of trust where MERS is included in the deed of trust you will
[14:21.760 --> 14:29.120] find MERS in the definition section of the deed of trust or mortgage and in the definition
[14:29.120 --> 14:38.920] section MERS is defined as the beneficiary and nominee for the lender and then if you're
[14:38.920 --> 14:46.760] in a non-judicial state where you have a deed of trust then you'll have another section
[14:46.760 --> 14:50.560] where MERS is referenced.
[14:50.560 --> 14:58.560] In a mortgage or deed of trust the MERS is simply named as nominee.
[14:58.560 --> 15:07.560] Now if you look at the deed of trust it looks like they intended that MERS be the agent
[15:07.560 --> 15:12.040] but it doesn't say that MERS is an agent for the lender.
[15:12.040 --> 15:20.760] It says that MERS is a nominee for the lender and at this time it's unclear what that means.
[15:20.760 --> 15:27.160] It also says there's a beneficiary and this creates a problem that we'll get to in a bit
[15:27.160 --> 15:38.360] but what they did this for is so they could give the appearance of giving MERS holder status
[15:38.360 --> 15:48.160] when in fact the lender when he created the pool sold the note the not exactly the note
[15:48.160 --> 15:52.600] he factored the note anybody knows what factoring is.
[15:52.600 --> 15:58.400] I had my own business for a long time and I'd get a lot of billing out I'd invest my time
[15:58.400 --> 16:06.560] my money pay for labor pay for materials and then my people wouldn't pay me I got all this
[16:06.560 --> 16:13.800] money coming in I'm flat broke so I go to the bank and I say I've got these accounts
[16:13.800 --> 16:18.600] receivable but I haven't received them yet what I want to do is I want to factor those
[16:18.600 --> 16:26.360] to you so they will effectively buy my accounts receivable for say 80 cents on a dollar and
[16:26.360 --> 16:33.000] then when the receivables pay the bank keeps the money instead of me well that's precisely
[16:33.000 --> 16:41.200] what they did with these residential mortgages to understand the securitization thing that's
[16:41.200 --> 16:48.600] all it was they just factored the note.
[16:48.600 --> 16:55.600] So okay we're about to go to break I'll pick this up on the other side but my clock is
[16:55.600 --> 17:01.000] that my page is not refreshing good so I may go out a little early up there.
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[18:59.420 --> 19:21.920] You are listening to the Logos Radio Network, m-m-m-m-m-m-m-m-m-m-m-m-m-m-m-mogosradio-network.com.
[19:21.920 --> 19:35.720] Okay, we are back, Randy Kelton, Steve Skidmore, Lou La Radio, and we're talking about what
[19:35.720 --> 19:40.400] to look for primarily in a mortgage issue.
[19:40.400 --> 19:48.000] Well, to understand MERS, MERS was put in there because they wanted to factor the notes.
[19:48.000 --> 19:53.560] And it's easier to understand in factoring because you hear people say they sold the
[19:53.560 --> 19:54.560] note.
[19:54.560 --> 19:55.560] No, they didn't.
[19:55.560 --> 19:57.240] They still got the note.
[19:57.240 --> 20:04.320] When I factored my accounts receivable, I kept all the documentation.
[20:04.320 --> 20:12.480] I kept the invoice and the debt still showed to be owed to me.
[20:12.480 --> 20:18.960] But in a private contract I made with the bank, I sold the right to be paid.
[20:18.960 --> 20:22.680] So when you hear these guys say they sold a note, no, they didn't.
[20:22.680 --> 20:23.680] They still got the note.
[20:23.680 --> 20:26.200] And this is what Joe talks about all the time.
[20:26.200 --> 20:31.160] What they sold was the right to be paid on the note.
[20:31.160 --> 20:40.280] And for the lender, when they do this, they change the equitable title.
[20:40.280 --> 20:46.240] They give someone else a claim against the property based on the right to be paid.
[20:46.240 --> 20:51.720] This raises some complex issues.
[20:51.720 --> 20:58.880] The lender holds the note itself and holds the security interest instrument.
[20:58.880 --> 21:09.000] And the lender can come to the court and claim, if you default on the note, they'll come and
[21:09.000 --> 21:10.000] foreclose.
[21:10.000 --> 21:12.560] What's the problem with that?
[21:12.560 --> 21:18.680] If the lender no longer has a right to be paid, then the lender can no longer come to
[21:18.680 --> 21:26.440] the table and say, the borrower didn't pay me because he didn't have a right to be paid.
[21:26.440 --> 21:33.840] So he cannot come to the table with a legitimate issue.
[21:33.840 --> 21:38.600] And the courts say you can't come to the court unless you have a controversy, unless you
[21:38.600 --> 21:41.400] have an issue that you want the court to satisfy.
[21:41.400 --> 21:48.040] Well, they don't have a claim because he sold it.
[21:48.040 --> 21:51.960] And that was the purpose of registering these claims.
[21:51.960 --> 21:58.640] Because the person who has the right to collect on the claim is required to have that claim
[21:58.640 --> 22:01.600] filed in the county record.
[22:01.600 --> 22:06.840] But now we have someone holding the right to be paid, but they don't have anything filed
[22:06.840 --> 22:09.040] in the record.
[22:09.040 --> 22:13.840] So they can't come to the court and make a claim.
[22:13.840 --> 22:19.920] The holder, the one that holds the actual note, physical note and the security instrument,
[22:19.920 --> 22:24.400] well, they can't be harmed because they already sold the right to be paid.
[22:24.400 --> 22:25.680] So it creates a problem here.
[22:25.680 --> 22:31.000] And I won't try to go into all of the details of that, but just to understand, this is what
[22:31.000 --> 22:32.280] they were dealing with.
[22:32.280 --> 22:40.520] So they set up MERS, and that's why in the definition section, they call MERS a beneficiary.
[22:40.520 --> 22:47.480] Because now if you look at the documentation, it looks like MERS is the one who has a right
[22:47.480 --> 22:49.160] to be paid.
[22:49.160 --> 22:57.400] So then they would, when they made the trades in the background, MERS was the nominee for
[22:57.400 --> 23:02.760] the lender and the lender's successors and the signs.
[23:02.760 --> 23:10.120] So they tried to use this ploy so that the property appeared to, or the claim appeared
[23:10.120 --> 23:17.800] to transfer to MERS, and MERS stood here in front like a straw man, holding this claim.
[23:17.800 --> 23:21.120] While behind MERS, they sold it back and forth.
[23:21.120 --> 23:30.280] But since MERS claimed to be the nominee for all of the successors and the signs, the same
[23:30.280 --> 23:35.600] entity could stand in front while they sold back and forth in the background.
[23:35.600 --> 23:37.640] That was the idea.
[23:37.640 --> 23:46.000] But the Kansas court, they addressed that in Landmark v. Setsia, forget the name, I
[23:46.000 --> 23:49.040] think it's Landmark v. Kansas.
[23:49.040 --> 23:55.840] But they said, you know, MERS came to the court and said that this requirement, that
[23:55.840 --> 24:04.840] every change in the beneficial interest or in the security or in the note, the requirement
[24:04.840 --> 24:11.720] that it be filed with the county recorder is archaic, cumbersome, and costly.
[24:11.720 --> 24:17.920] And we come up with this whiz bang business model where we could get around all that.
[24:17.920 --> 24:23.040] And the Kansas court told MERS that, yeah, you are right.
[24:23.040 --> 24:30.000] This requirement that all changes in beneficial interest in the note be registered in the
[24:30.000 --> 24:31.000] county record.
[24:31.000 --> 24:33.440] I'm sorry, I said the note.
[24:33.440 --> 24:40.640] All changes in a claim against the property are required to be registered with the note.
[24:40.640 --> 24:45.000] And that is archaic, cumbersome, and costly.
[24:45.000 --> 24:51.000] It's law and we have no power to change it.
[24:51.000 --> 24:59.200] So until the legislatures change the filing requirements, your business model is illegal.
[24:59.200 --> 25:05.040] And the most outstanding case on that side of Washington state, where they addressed
[25:05.040 --> 25:12.960] it very directly, it said absolutely not, MERS cannot be the beneficiary on that note.
[25:12.960 --> 25:22.240] So the whole problem with the mortgage debacle really revolves around that.
[25:22.240 --> 25:29.880] And from back about six years ago, I had someone come to me and tell me that he had talked
[25:29.880 --> 25:35.080] to the FBI and the FBI told him that they were investigating MERS and what they found
[25:35.080 --> 25:43.480] was that the banks appointed MERS as their nominee and they sent all the paperwork to
[25:43.480 --> 25:44.480] MERS.
[25:44.480 --> 25:52.920] MERS then took the paperwork, scanned it into their system, and shredded the originals.
[25:52.920 --> 25:57.240] And when I heard that, that didn't sound right because anybody who's been around a while
[25:57.240 --> 26:01.360] will remember mortgage burning parties.
[26:01.360 --> 26:09.800] Once you pay your mortgage off, the note is returned to you, just like in the older days
[26:09.800 --> 26:14.800] when you wrote a check, when that check was cashed, every month you'd get all the checks
[26:14.800 --> 26:16.960] back that had been cashed.
[26:16.960 --> 26:19.160] So you had the canceled check in your hand.
[26:19.160 --> 26:23.480] Once you paid off the mortgage, you had the canceled mortgage in your hand and then everybody
[26:23.480 --> 26:27.200] go burn the mortgage and have a big party because they paid off the mortgage.
[26:27.200 --> 26:36.920] Well, to say that they shredded these things, well, if they shred them, once the mortgage
[26:36.920 --> 26:41.760] is paid off, you have to return that to the borrower, it's part of the contract, it's
[26:41.760 --> 26:44.400] part of the deal.
[26:44.400 --> 26:47.960] And it didn't sound right that they shredded them.
[26:47.960 --> 26:53.120] And all of these pools are backed by Jenny Mae and Jenny Mae's requirements are is that
[26:53.120 --> 27:01.000] all of the documentation for the loan, and it specifically mentions the note and all
[27:01.000 --> 27:10.040] of the documents in the loan are to be forwarded to a document custodian and the document custodian
[27:10.040 --> 27:14.520] will certify to Jenny Mae that the note meets the requirements of whatever pool it's going
[27:14.520 --> 27:19.080] into and then the document custodian will maintain possession of the documents until
[27:19.080 --> 27:21.520] termination of the contract.
[27:21.520 --> 27:26.920] So what is this nonsense about MERS shredding the documents?
[27:26.920 --> 27:34.480] By statute, the document custodians required to have them and normally the servicer is
[27:34.480 --> 27:37.240] considered the document custodian.
[27:37.240 --> 27:40.520] So why are the banks not producing the note?
[27:40.520 --> 27:46.560] Because it's a rabbit hole, they're getting all these where everybody's going, show me
[27:46.560 --> 27:49.640] the note, show me the note, the courts are ruined against them, oh, we don't have to
[27:49.640 --> 27:52.400] show you the note and they throw people out.
[27:52.400 --> 27:56.040] You're asking the wrong questions.
[27:56.040 --> 27:59.560] Forget about showing me the note.
[27:59.560 --> 28:08.120] If you have a foreclosure issue, first thing you do is go to the paperwork, go to the county
[28:08.120 --> 28:14.200] recorder and look at what is filed in the county recorder's office.
[28:14.200 --> 28:21.240] First thing of bifurcation of the note is a security instrument and the show me the
[28:21.240 --> 28:26.080] note argument, they're rabbit holes.
[28:26.080 --> 28:32.480] If they're very complex and convoluted arguments, it's really hard to make and you've got a
[28:32.480 --> 28:35.840] judge that absolutely wants to rule against you.
[28:35.840 --> 28:40.640] If you're going to get the judge to rule in your favor, you have to give him something
[28:40.640 --> 28:48.000] that's extremely difficult to rule against you on and the place to find that is in the
[28:48.000 --> 28:58.160] county record because you look in the county record for things that violate either the
[28:58.160 --> 29:06.200] statutory filing requirements or the covenants of the security instrument.
[29:06.200 --> 29:16.240] The deed of trust or the mortgage, that is a document that grants privileges to the borrower.
[29:16.240 --> 29:23.200] The lender grants privileges to the borrower on conditions that he abide by all of the
[29:23.200 --> 29:30.000] covenants of the document and binds himself to those self-same covenants.
[29:30.000 --> 29:38.680] Well, if you don't pay like you agreed to, that's a breach of one of those covenants
[29:38.680 --> 29:40.360] and that's how they foreclose.
[29:40.360 --> 29:46.560] When we come back, we'll talk about how the other guy breaches covenants a long time before
[29:46.560 --> 29:47.560] you don't pay.
[29:47.560 --> 29:53.120] This is Randy Kelton, Steve Skidmore, Joe Esquivel with our radio, our call in number
[29:53.120 --> 29:56.120] 512-646-1984.
[29:56.120 --> 29:57.120] We'll be right back.
[29:57.120 --> 30:06.720] Do you rise with the roosters or hoot with the owls?
[30:06.720 --> 30:10.640] Either way, it's your brain that determines what time of day you're at your best.
[30:10.640 --> 30:15.440] I'm Dr. Catherine Albrecht and I'll be back with new research on how the clock affects
[30:15.440 --> 30:17.880] brain function next.
[30:17.880 --> 30:19.620] Privacy is under attack.
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[30:28.200 --> 30:33.400] So protect your rights, say no to surveillance and keep your information to yourself.
[30:33.400 --> 30:36.000] Privacy, it's worth hanging on to.
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[32:06.200 --> 32:09.800] In today's America, we live in an us against them society, and if we the people are ever
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[33:11.400 --> 33:26.680] Yeah, I got a warrant, and I'm gonna solve them, to the government them, prosecute them.
[33:26.680 --> 33:27.680] Okay.
[33:27.680 --> 33:28.680] All set.
[33:28.680 --> 33:58.200] Okay, we are back, Randy Kelton, Steve Skidmore with Law Radio, and we're just kind of running
[33:58.200 --> 34:05.840] down the basis of the place to go first, and I went through how the securitization, that's
[34:05.840 --> 34:10.240] basically how it works, there's a lot more detail than that, but that'll kind of give
[34:10.240 --> 34:19.920] you the idea, and then the MERS issue, where MERS is trying to hide the fact that they're
[34:19.920 --> 34:26.720] selling the note back and forth, and now the place to look.
[34:26.720 --> 34:33.120] Those issues are going on with securitization and bifurcation, but that's not the first
[34:33.120 --> 34:38.440] place to start, that's kind of the last place to go to.
[34:38.440 --> 34:41.680] First place is go look in that county record.
[34:41.680 --> 34:49.740] I just finished an evaluation, I'm building these questionnaires, and I'll be posting
[34:49.740 --> 34:54.520] these online as soon as I get some more sophistication.
[34:54.520 --> 35:02.280] I did a questionnaire on the security instrument, and by the time I got it all put together,
[35:02.280 --> 35:13.280] it was so big that my system, I've got a quad core processor with 12 gig of RAM, and it
[35:13.280 --> 35:20.560] almost locked my system down, so I'm working on a way to shrink these questionnaires so
[35:20.560 --> 35:28.360] that the computer doesn't see such a big footprint, but the point of that is, is there are so
[35:28.360 --> 35:37.320] many things to look for in terms of problems with the security instrument, and these problems
[35:37.320 --> 35:42.520] go to matters of contract law.
[35:42.520 --> 35:47.320] When you come to the court and you say, well, the dirty rotten lender, he did this, he did
[35:47.320 --> 35:53.840] that, he did the other, the judge is going to say, so what, and the so what goes to you
[35:53.840 --> 36:03.120] must bring me a controversy, and generally people think of that as you have to come to
[36:03.120 --> 36:09.880] me and show how you were harmed, well, that's not the only way to bring a controversy.
[36:09.880 --> 36:14.800] There's another way, one is due process, they denied me in due process, on matters of due
[36:14.800 --> 36:21.960] process, you don't have to show harm, harm in due process is harm per se, it's harm on
[36:21.960 --> 36:23.880] its face.
[36:23.880 --> 36:31.240] The other one is breach of contract, breach of contract on its face is a cause of action,
[36:31.240 --> 36:41.120] and I'll give you an example of why it's that way, if your loan is not an FHA loan, then
[36:41.120 --> 36:50.640] at covenant 19 or 20, it's generally 20, sometimes it comes up 19, this covenant that authorizes
[36:50.640 --> 36:58.200] the lender to sell a portion of the note or the entire note together with his security
[36:58.200 --> 36:59.880] instrument.
[36:59.880 --> 37:08.560] So you come to the court and say, he breached that covenant, and the court is going to say,
[37:08.560 --> 37:14.360] how were you harmed, and you're going to say, well, I don't know if when I pay off this
[37:14.360 --> 37:19.960] note, if I'm paying it off to the right person, because he separated these two, I don't know
[37:19.960 --> 37:26.440] if this guy has the authority to collect on this or not, I know he has the security instrument,
[37:26.440 --> 37:30.480] but I don't know who has the right to be paid, and the judge is going to say, okay, well,
[37:30.480 --> 37:32.080] have you been harmed?
[37:32.080 --> 37:37.560] Well, not yet, but I could be harmed 30 years from now when I pay this note off, when 30
[37:37.560 --> 37:40.480] years come to me.
[37:40.480 --> 37:48.760] So what we get to say to the court is, your honor, I took special pains to ensure that
[37:48.760 --> 37:58.040] I never had this problem, and I took those pains by putting a very specific prohibition
[37:58.040 --> 38:04.640] in the record that prohibited the lender from selling that note without transferring security
[38:04.640 --> 38:09.080] interest with it, instrument with it.
[38:09.080 --> 38:12.800] That's to harm breach of contract.
[38:12.800 --> 38:16.600] So they don't get to play that how have you been harmed nonsense.
[38:16.600 --> 38:21.400] Now, if you don't make it under breach of contract, they will.
[38:21.400 --> 38:30.200] So the first place to look in a foreclosure issue is breach of contract, and one of the
[38:30.200 --> 38:37.600] really cool places to go is go drag out your HUD-1 settlement statement, and look at all
[38:37.600 --> 38:45.080] of those fees they put on the HUD-1 settlement statement that they charged you at closing,
[38:45.080 --> 38:51.960] and they took the amount the property sold for, and then they took these fees that were
[38:51.960 --> 38:57.880] assessed at closing, and they added those to the principal, and then they calculated
[38:57.880 --> 39:02.280] the payment amount based on the 30 years of that.
[39:02.280 --> 39:03.280] Okay.
[39:03.280 --> 39:08.760] What if they put a fee in there that was fraudulent?
[39:08.760 --> 39:16.000] What if they put in a fee for a service that was never actually performed, or one that
[39:16.000 --> 39:24.360] was performed but was unnecessary, or one that they were forbidden to charge to you
[39:24.360 --> 39:25.360] by the Truth in Lending Act?
[39:25.360 --> 39:29.520] The Truth in Lending Act has a whole list of things that are considered to be a part
[39:29.520 --> 39:31.880] of the finance charge.
[39:31.880 --> 39:36.280] The finance charge is the interest that you pay on the note.
[39:36.280 --> 39:42.400] The lender writes you a note, and he charges you a finance charge.
[39:42.400 --> 39:48.840] Certain of his costs of doing business, and they're considered to be those costs that
[39:48.840 --> 39:56.880] are the ordinary costs of doing business, are intended to be paid back to the lender
[39:56.880 --> 39:59.280] by the interest that he charges you.
[39:59.280 --> 40:03.920] He used to take it out of the interest, but instead of doing that, they tack it on the
[40:03.920 --> 40:08.800] head of the note, and then charge interest on it for 30 years.
[40:08.800 --> 40:15.880] Every dollar they put on the head of the note, if it's like an average 6% mortgage, over
[40:15.880 --> 40:21.360] the term of the note, you're going to pay about three and a half times that principal
[40:21.360 --> 40:23.200] and interest.
[40:23.200 --> 40:28.040] Every dollar adds up really fast.
[40:28.040 --> 40:29.200] Think back to closing.
[40:29.200 --> 40:32.160] When you set it closing, they put the HUD-1 settlement statement in front of you, and
[40:32.160 --> 40:34.680] you had all these charges on it.
[40:34.680 --> 40:42.120] Did they provide for you documentation to show that these fees were not forbidden to
[40:42.120 --> 40:45.080] be charged by the Truth in Lending Act?
[40:45.080 --> 40:49.720] That the fees were for services actually rendered?
[40:49.720 --> 40:51.760] That the fees were necessary?
[40:51.760 --> 40:57.320] Now, what I'm walking down here is the Truth in Lending Act.
[40:57.320 --> 40:59.520] This is the requirement.
[40:59.520 --> 41:03.840] These are the fees that they can charge and what they can't charge.
[41:03.840 --> 41:07.140] That services actually rendered?
[41:07.140 --> 41:10.360] Services that they're authorized to charge you for?
[41:10.360 --> 41:13.560] Services that were necessary?
[41:13.560 --> 41:21.880] That the services were provided by a bona fide vendor and not as a front to funnel money
[41:21.880 --> 41:28.680] to your fiduciaries, undisclosed disbursements to your fiduciaries in order to bribe them
[41:28.680 --> 41:34.440] to breach their fiduciary duty to you, and that the lender did not take an undisclosed
[41:34.440 --> 41:36.520] markup on the amounts charged?
[41:36.520 --> 41:40.920] Did you get any of that documentation?
[41:40.920 --> 41:48.920] Forever have I seen anyone who got any of that documentation, so consider, or the one
[41:48.920 --> 41:54.240] filling out the hard ones out statement, what if you put a bogus fee on there?
[41:54.240 --> 42:02.160] For instance, a administration fee, document preparation fee, warehousing fee, this whole
[42:02.160 --> 42:08.080] stack of them, what if you put that on there?
[42:08.080 --> 42:14.080] What is the likelihood that the lender or the borrower is going to look at this and
[42:14.080 --> 42:17.000] say, what is that fee for?
[42:17.000 --> 42:20.280] Can you show me evidence that that's a valid fee?
[42:20.280 --> 42:25.680] And the people will know you're not going to do that because the first thing they do
[42:25.680 --> 42:33.280] is get you to personally own the house.
[42:33.280 --> 42:38.000] Once you make the decision to buy, this is the one we want, and then they say, oh yeah,
[42:38.000 --> 42:42.920] you'll get this house and no problem, we can get you in here, it'll be great, you'll
[42:42.920 --> 42:43.920] love it.
[42:43.920 --> 42:50.040] And then as they move up toward closing, and about the time you start committing yourself
[42:50.040 --> 42:55.360] financially and personally to purchasing the house, then they start having these little
[42:55.360 --> 43:01.720] minor problems and little setbacks and one setback after another until you finally get
[43:01.720 --> 43:07.400] to the closing table, you got all your belongings in a moving van because you already sold your
[43:07.400 --> 43:13.320] other property, you're waiting to get this closing so you can move into the new house,
[43:13.320 --> 43:19.000] you are absolutely committed, they set that HUD one settlement statement down in front
[43:19.000 --> 43:23.000] of you with all of these charges on it, they put the note in front of you and the interest
[43:23.000 --> 43:29.880] is different than what you agreed to, but you are screwed, you got to sign it.
[43:29.880 --> 43:35.480] So if you know you can put any amount on there you want to, what is the likelihood someone's
[43:35.480 --> 43:39.600] going to put a fraudulent fee on there?
[43:39.600 --> 43:45.040] I've almost never seen one that didn't have fraudulent fees on it, and we'll address that
[43:45.040 --> 43:49.960] when we come back on the other side, this is Randy Geltin, Steve Skidmore, Rue La Radio,
[43:49.960 --> 43:55.800] I call it number 512-646-1984, Gene, I see you there, I'm going to do one more segment
[43:55.800 --> 44:00.080] on this and then we'll start taking calls, I'll be right back.
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[46:02.080 --> 46:06.200] Would you like to make more definite progress in your walk with God?
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[46:25.200 --> 46:30.440] The free books are a three volume set called Basic Elements of the Christian Life.
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[46:44.640 --> 46:52.400] Life, call Bibles for America toll free at 888-551-0102.
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[47:15.160 --> 47:19.560] This is the Liberty Beat, your daily source for Liberty News and activist updates, online
[47:19.560 --> 47:20.560] at thelibertybeat.com.
[47:20.560 --> 47:25.680] I'm Brian Hagan with your Liberty Beat for Friday, May 23, 2014.
[47:25.680 --> 47:28.600] Gold opened today at $1,289.
[47:28.600 --> 47:34.440] Silver opened at $19.32 and Bitcoin is trading at $546.09.
[47:34.440 --> 47:38.880] Support for the Liberty Beat comes from Bitmain Technology, creators of the Antminer S1 180
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[47:56.600 --> 47:58.080] promotion materials.
[47:58.080 --> 48:02.720] Mention promo code LIBERTY and when you order 10 or more posters, you get 10 free.
[48:02.720 --> 48:08.880] Online at AffordableSound.com or give them a call at 512-459-5253.
[48:08.880 --> 48:14.200] In the news, nearly every phone call in Afghanistan, domestic and international, is being recorded
[48:14.200 --> 48:16.040] by the NSA.
[48:16.040 --> 48:20.760] That's revealed by WikiLeaks founder Julian Assange, who decided to name Afghanistan as
[48:20.760 --> 48:25.880] the country that other media outlets had previously referred to only as Country X.
[48:25.880 --> 48:32.080] According to Russia Today, the redaction of the name had come at the request of the U.S.
[48:32.080 --> 48:33.560] government.
[48:33.560 --> 48:38.480] The U.S. House of Representatives has voted 303 to 221 to pass a bill designed to end
[48:38.480 --> 48:42.400] the NSA's bulk data collection of domestic phone records.
[48:42.400 --> 48:47.960] The USA Freedom Act aims to reform the NSA in response to revelations by former NSA contractor
[48:47.960 --> 48:48.960] Edward Snowden.
[48:48.960 --> 48:53.480] Under the new bill, the NSA would have to limit its data collection to specific terms.
[48:53.480 --> 48:57.000] However, critics worry that the bill has been watered down.
[48:57.000 --> 49:01.080] Civil liberty and privacy advocates fear that last-minute changes to the bill's language
[49:01.080 --> 49:07.400] will allow the NSA to continue to collect Americans' information.
[49:07.400 --> 49:11.880] On Tuesday, the Obama administration announced the release of classified memos dealing with
[49:11.880 --> 49:16.600] the targeted drone assassination of American citizen Anwar al-Awlaki.
[49:16.600 --> 49:22.080] Solicitor General Donald B. Verrill Jr. decided not to appeal a recent court decision requiring
[49:22.080 --> 49:25.420] the release of the documents under the Freedom of Information Act.
[49:25.420 --> 49:29.800] The memos, written by Harvard law professor David J. Barron, will be reviewed and redacted
[49:29.800 --> 49:32.000] before being open to the public.
[49:32.000 --> 49:36.880] The lawsuit was brought forth by the New York Times and the American Civil Liberties Union.
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[50:02.480 --> 50:06.440] This is the Liberty Beat for Friday, May 23rd, 2014.
[50:06.440 --> 50:13.440] Check out the website at TheLibertyBeat.com.
[50:36.440 --> 50:42.240] Okay, we are back.
[50:42.240 --> 50:46.400] Randy Kelton, Steve Skidmore, Roux Blah Radio, and we're going to go to calls.
[50:46.400 --> 50:48.400] We have Bill in New York.
[50:48.400 --> 50:51.400] Hello Bill, what do you have for us today?
[50:51.400 --> 50:52.400] This is Bill.
[50:52.400 --> 50:53.400] I have a Wells Fargo...
[50:53.400 --> 50:54.400] Anyway, I'm in court with Wells Fargo, trusted for Freddie Macdonald.
[50:54.400 --> 51:18.120] And the thing is that my case was dismissed for lack of prosecution and they tried to
[51:18.120 --> 51:20.880] raise it again.
[51:20.880 --> 51:27.200] And I object to the raising it again.
[51:27.200 --> 51:42.640] And instead of the judge ruling on it, she decided to go ahead and move to do a loan
[51:42.640 --> 51:43.640] modification.
[51:43.640 --> 51:47.200] Okay Scott, take some time to get that out.
[51:47.200 --> 51:54.720] And my position is that these people is before the court.
[51:54.720 --> 51:58.480] They don't have the authority to do anything at this point.
[51:58.480 --> 52:04.600] She didn't even finish litigating the case.
[52:04.600 --> 52:08.720] And further, she didn't even decide whether the documents that were put before the court
[52:08.720 --> 52:11.240] made any sense.
[52:11.240 --> 52:14.000] Bill, let me ask you a question.
[52:14.000 --> 52:15.280] What venue are you in?
[52:15.280 --> 52:18.760] Scott, are you in the lower court?
[52:18.760 --> 52:22.440] I'm in civil court, civil supreme.
[52:22.440 --> 52:23.440] Civil supreme.
[52:23.440 --> 52:24.440] Okay.
[52:24.440 --> 52:27.640] Does that court have jurisdiction to hear issues of the title?
[52:27.640 --> 52:28.640] Hold on, Steve.
[52:28.640 --> 52:29.640] He's in New York.
[52:29.640 --> 52:30.640] I understand that.
[52:30.640 --> 52:31.640] Hold on.
[52:31.640 --> 52:32.640] Hold on.
[52:32.640 --> 52:33.640] Hold on.
[52:33.640 --> 52:35.920] Supreme Court in New York is the lowest court.
[52:35.920 --> 52:36.920] Right.
[52:36.920 --> 52:37.920] Understood.
[52:37.920 --> 52:41.680] So, I take it that that court is a court of limited jurisdiction.
[52:41.680 --> 52:44.680] Is that correct Bill?
[52:44.680 --> 52:45.680] Is that correct?
[52:45.680 --> 52:51.600] But they do have, they do have some, they have jurisdiction, but they, what I don't
[52:51.600 --> 52:52.600] know.
[52:52.600 --> 52:53.600] No, no, no.
[52:53.600 --> 52:54.600] Wait, wait, wait, wait.
[52:54.600 --> 52:56.840] They may have jurisdiction over the issue of possession.
[52:56.840 --> 53:03.920] Do they have jurisdiction over the issue of title?
[53:03.920 --> 53:05.720] Is this a foreclosure action?
[53:05.720 --> 53:07.760] This is a foreclosure action.
[53:07.760 --> 53:08.760] They do have, but.
[53:08.760 --> 53:09.760] Okay.
[53:09.760 --> 53:12.480] So, it's just not an eviction, a forcible detainer.
[53:12.480 --> 53:14.640] They're still trying to foreclose.
[53:14.640 --> 53:15.640] That's correct.
[53:15.640 --> 53:16.640] It's a judicial state.
[53:16.640 --> 53:17.640] Okay.
[53:17.640 --> 53:23.080] And they filed their action and then they didn't prosecute it.
[53:23.080 --> 53:24.080] Right.
[53:24.080 --> 53:29.680] What happened was they tried to come back after, she's sui spate it.
[53:29.680 --> 53:36.120] She's, after, as it went on for over two years, they didn't prosecute the case.
[53:36.120 --> 53:38.320] So, she just dismissed it for lack of prosecution.
[53:38.320 --> 53:42.400] They're trying to restore it and object to the restoration.
[53:42.400 --> 53:48.000] And she decided, so she's deciding on it, she decided to, let's try a little modification.
[53:48.000 --> 53:49.000] How about we do this?
[53:49.000 --> 53:53.000] And I said to the judge, I don't think this would be the right thing because I don't think
[53:53.000 --> 53:57.000] these people here would be able to even decide on it.
[53:57.000 --> 53:58.000] And what if.
[53:58.000 --> 53:59.000] Okay.
[53:59.000 --> 54:00.000] Okay.
[54:00.000 --> 54:01.000] Bill.
[54:01.000 --> 54:02.000] Bill.
[54:02.000 --> 54:06.000] When you tell the judge, I don't think they, blah, blah, blah.
[54:06.000 --> 54:08.680] You have made an affirmative statement.
[54:08.680 --> 54:13.640] Whoever makes an affirmative statement had better have proof because you bear the onus
[54:13.640 --> 54:16.440] probandite, the burden of proof.
[54:16.440 --> 54:22.120] You can't just come in and say, I don't think they're the real party in interest.
[54:22.120 --> 54:27.400] I don't think they have a secured interest or a security interest in the property.
[54:27.400 --> 54:31.440] I don't think they're the party entitled to enforce.
[54:31.440 --> 54:38.360] You got to come in with evidence that says, here is evidence that proves they are not
[54:38.360 --> 54:43.880] a party entitled to enforce the instruments I signed on the day of closing.
[54:43.880 --> 54:44.880] Yes.
[54:44.880 --> 54:48.440] It is a maxim.
[54:48.440 --> 54:54.000] Never make a proactive statement of law out of your own mouth.
[54:54.000 --> 54:58.800] Oh, judge, it's, they're supposed to do this, they're supposed to do that.
[54:58.800 --> 55:00.360] The judge can't hear that.
[55:00.360 --> 55:02.000] I got you.
[55:02.000 --> 55:07.120] You must put the facts before the court and the law as it applies to the facts.
[55:07.120 --> 55:14.000] So you must say, according to this statute or this case, they can't do this.
[55:14.000 --> 55:15.000] Okay.
[55:15.000 --> 55:16.000] Go ahead.
[55:16.000 --> 55:17.000] I got you.
[55:17.000 --> 55:18.000] Yes.
[55:18.000 --> 55:24.000] I did present my, I presented in the response to the opposition and in the opposition, I
[55:24.000 --> 55:33.160] raised a number of cases, also with the, not being able to move forward because they didn't
[55:33.160 --> 55:40.760] make the closing date on the, according to the New York trust law, I also raised that,
[55:40.760 --> 55:43.280] a number of things I raised.
[55:43.280 --> 55:46.080] What proof do you have of that?
[55:46.080 --> 55:57.200] What proof do you have that they did not put your secure, your alleged mortgage instrument
[55:57.200 --> 56:02.160] or some security in, in the trust in a timely manner?
[56:02.160 --> 56:03.680] What proof of that do you have?
[56:03.680 --> 56:04.680] Okay.
[56:04.680 --> 56:15.040] What I'm looking at is the PSA, the PSA states that my loan was supposed to have been in
[56:15.040 --> 56:18.200] that trust August of 2005.
[56:18.200 --> 56:19.200] Right.
[56:19.200 --> 56:26.520] Now, what proof do you have that your mortgage was not put in the trust in a timely manner?
[56:26.520 --> 56:32.280] Because the assignment, they did the assignment like 10 years later.
[56:32.280 --> 56:33.280] Okay.
[56:33.280 --> 56:35.960] Let me ask a question here.
[56:35.960 --> 56:36.960] So what?
[56:36.960 --> 56:37.960] So what?
[56:37.960 --> 56:40.960] I got you.
[56:40.960 --> 56:45.520] What is, by them doing this thing, how were you harmed?
[56:45.520 --> 56:46.520] I got you.
[56:46.520 --> 56:49.520] No, that was a question.
[56:49.520 --> 56:50.520] Okay.
[56:50.520 --> 56:53.720] The question where I was harmed, for them coming forward and-
[56:53.720 --> 56:55.880] No, no, no, no, no.
[56:55.880 --> 57:01.240] The question was how were you harmed by them not putting the, your mortgage documents into
[57:01.240 --> 57:02.640] the trust in a timely manner?
[57:02.640 --> 57:03.640] How were you harmed?
[57:03.640 --> 57:04.640] Okay.
[57:04.640 --> 57:05.640] I'm no thief.
[57:05.640 --> 57:06.640] Okay.
[57:06.640 --> 57:07.640] How were them harmed?
[57:07.640 --> 57:08.640] Okay.
[57:08.640 --> 57:10.640] Let's pause right here.
[57:10.640 --> 57:11.640] No.
[57:11.640 --> 57:12.640] Wait a minute.
[57:12.640 --> 57:14.560] Let me get this out.
[57:14.560 --> 57:17.120] Please understand that we're playing the devil's advocate.
[57:17.120 --> 57:18.120] Okay.
[57:18.120 --> 57:19.120] We know where you're going.
[57:19.120 --> 57:20.120] Yeah.
[57:20.120 --> 57:21.120] I just want you to prove your point.
[57:21.120 --> 57:23.680] I'm playing, I'm taking the place of the judge.
[57:23.680 --> 57:27.240] I just put on a black robe and I'm asking you, how were you harmed?
[57:27.240 --> 57:28.240] Yeah.
[57:28.240 --> 57:30.040] And we're not being patronizing here.
[57:30.040 --> 57:31.440] No, not at all.
[57:31.440 --> 57:34.920] You seem to, you have quite a bit of knowledge about what you're doing.
[57:34.920 --> 57:37.000] And a lot of our listeners don't have a clue.
[57:37.000 --> 57:38.600] You know, maybe the first time.
[57:38.600 --> 57:44.680] So we tend to go to these details, not because we doubt your knowledge or your position,
[57:44.680 --> 57:50.120] but just so that the people listening, you know, Steve and I, we listen to this and we're
[57:50.120 --> 57:54.840] always thinking, you know, what's going to raise a question in the listener's mind.
[57:54.840 --> 57:59.520] And when we bump in with those questions for you, that's because we know that question's
[57:59.520 --> 58:00.920] there we needed to be answered.
[58:00.920 --> 58:01.920] So I tell you.
[58:01.920 --> 58:07.160] And also in the mind of the court, because these are questions that you will be asked.
[58:07.160 --> 58:11.200] All right.
[58:11.200 --> 58:12.760] So how were you harmed?
[58:12.760 --> 58:14.100] Okay, great.
[58:14.100 --> 58:16.840] So they didn't put it in the, in the trust in a timely manner.
[58:16.840 --> 58:19.680] How did that hurt you?
[58:19.680 --> 58:28.480] Well actually, according to their own trust laws, they were supposed to have abide by
[58:28.480 --> 58:31.800] the political service in agreement and the New York trust laws.
[58:31.800 --> 58:35.000] They also the IRS code.
[58:35.000 --> 58:39.600] Okay, so the IRS may have a dog in the hunt, but you don't.
[58:39.600 --> 58:45.280] So tell me again, how were you personally harmed by them?
[58:45.280 --> 58:48.280] Not putting your mortgage in, in the, they loaned you.
[58:48.280 --> 58:49.280] Okay.
[58:49.280 --> 58:52.240] I'm again, I'm, I'm putting on the mask of the devil's advocate.
[58:52.240 --> 58:56.780] You signed documents, you made a commitment.
[58:56.780 --> 59:03.840] Now you're claiming to the court that in some, some other arrangements, some other agreement
[59:03.840 --> 59:09.000] that you may or may not have been a party to, that you were somehow harmed.
[59:09.000 --> 59:14.440] What gives you the right to come to this court and claim and make that claim?
[59:14.440 --> 59:17.000] How were you injured?
[59:17.000 --> 59:18.000] Okay.
[59:18.000 --> 59:25.200] Aside from putting it on my credit report that I owe them, they're bringing, just bringing
[59:25.200 --> 59:31.200] me to court saying, telling me that they are the creditors and they have it.
[59:31.200 --> 59:32.200] Okay.
[59:32.200 --> 59:33.200] No.
[59:33.200 --> 59:34.200] You're getting there.
[59:34.200 --> 59:35.200] You're getting there.
[59:35.200 --> 59:36.200] Yeah.
[59:36.200 --> 59:40.000] Let's cut this a little short so you understand where we're going.
[59:40.000 --> 59:47.320] When they did these transfers, that did not harm you directly, but what it did do is breach
[59:47.320 --> 59:48.680] the contract.
[59:48.680 --> 59:52.680] That's the other way you can be harmed.
[59:52.680 --> 59:57.920] They agreed to abide by all law.
[59:57.920 --> 01:00:03.280] If they were required to do a certain thing and they didn't do that certain thing, you
[01:00:03.280 --> 01:00:11.560] put that covenant in there so you wouldn't have these problems and they breach that covenant.
[01:00:11.560 --> 01:00:16.040] Always whenever you look at anything, the first place to look is, are those covenants
[01:00:16.040 --> 01:00:23.240] in the, in the security instrument, primarily 14, 15, 16, and then 20, these are the ones
[01:00:23.240 --> 01:00:24.720] you really look at.
[01:00:24.720 --> 01:00:28.080] 20 is actually a legal impossibility.
[01:00:28.080 --> 01:00:29.080] Exactly.
[01:00:29.080 --> 01:00:30.080] Okay.
[01:00:30.080 --> 01:00:31.080] Now look at it.
[01:00:31.080 --> 01:00:39.360] I don't, I'm not contracting with them in the first, they're not the right parties
[01:00:39.360 --> 01:00:40.360] in the first place.
[01:00:40.360 --> 01:00:45.280] Oh, whoa, whoa, whoa, whoa, did you not sign a note in a deed of trust or mortgage?
[01:00:45.280 --> 01:00:48.200] I did, but not with these people.
[01:00:48.200 --> 01:00:56.440] Okay, but these people had, these people purchased a security from the people that you did or
[01:00:56.440 --> 01:01:02.760] somehow upstream, they acquired the documents that you signed or rights to the documents
[01:01:02.760 --> 01:01:03.760] you signed.
[01:01:03.760 --> 01:01:07.840] Now, let's go back to the breach of contract.
[01:01:07.840 --> 01:01:18.960] What, uh, what obligation would you have to, uh, maintain a contract that has been breached?
[01:01:18.960 --> 01:01:20.960] Any?
[01:01:20.960 --> 01:01:22.960] No.
[01:01:22.960 --> 01:01:27.720] There you go.
[01:01:27.720 --> 01:01:30.760] Breach of contract nullifies the contract.
[01:01:30.760 --> 01:01:36.760] Now they're trying to enforce a null contract or a breached contract.
[01:01:36.760 --> 01:01:38.760] What right do they have?
[01:01:38.760 --> 01:01:40.760] We're not talking about ownership of documents.
[01:01:40.760 --> 01:01:41.760] Okay.
[01:01:41.760 --> 01:01:42.760] So they assigned something.
[01:01:42.760 --> 01:01:45.080] So you own personal property.
[01:01:45.080 --> 01:01:54.760] Personal property would be an interest in, uh, in the tangible instrument.
[01:01:54.760 --> 01:01:58.080] Now what interest do you have in the tangible instrument?
[01:01:58.080 --> 01:01:59.760] I see we're coming up to break real quick.
[01:01:59.760 --> 01:02:02.640] I'm, I'll try to make real quick work of this.
[01:02:02.640 --> 01:02:05.520] Now you sign documents on the day of closing.
[01:02:05.520 --> 01:02:13.920] They made a Xerox copy of those signed instruments and they sold those Xerox copies or they sold
[01:02:13.920 --> 01:02:18.000] what was called a transferable record.
[01:02:18.000 --> 01:02:27.160] Go to 15 USC section seven zero two one and learn what a transferable in a transferable
[01:02:27.160 --> 01:02:32.640] record is, how it's to be handled, how it's to be controlled.
[01:02:32.640 --> 01:02:37.720] Now go read UCC three dash two zero three.
[01:02:37.720 --> 01:02:42.760] If they made a Xerox copy of the original instruments that you signed and they sold
[01:02:42.760 --> 01:02:48.720] those Xerox copies, what they've done is they have stripped that tangible instrument that
[01:02:48.720 --> 01:02:54.120] you signed the only piece of paper that you gave any kind of value to.
[01:02:54.120 --> 01:02:59.760] They stripped the value element, the promise to pay, the revenue stream, and they attached
[01:02:59.760 --> 01:03:06.440] it to the Xerox copy and they sold that Xerox copy to some investor.
[01:03:06.440 --> 01:03:14.080] Now in three two oh three D or the state equivalent of the UCC three two oh three D, did they
[01:03:14.080 --> 01:03:16.920] purport to transfer less than the entire instrument?
[01:03:16.920 --> 01:03:18.080] Yes, they did.
[01:03:18.080 --> 01:03:23.800] Now three two oh three goes over rights acquired.
[01:03:23.800 --> 01:03:33.600] After the break I would encourage you to read UCC section three dash two zero three.
[01:03:33.600 --> 01:03:40.200] I believe a light may come on over your head by the time we get back from this break.
[01:03:40.200 --> 01:03:44.000] Okay, are you taking notes?
[01:03:44.000 --> 01:03:45.000] Yes.
[01:03:45.000 --> 01:03:46.000] Good.
[01:03:46.000 --> 01:03:51.440] Now I hear the music in the background folks, 512-646-1984 is the number you can call to
[01:03:51.440 --> 01:03:52.440] join us in conversation.
[01:03:52.440 --> 01:03:55.520] If you've got questions, comments, please dial the number.
[01:03:55.520 --> 01:03:56.520] Get in line.
[01:03:56.520 --> 01:03:58.640] It's going to be a long night.
[01:03:58.640 --> 01:04:03.640] We've got plenty of time left and we will be back with Bill in New York right after
[01:04:03.640 --> 01:04:04.640] this break.
[01:04:04.640 --> 01:04:05.640] We encourage you to stay tuned.
[01:04:05.640 --> 01:04:07.840] While we're gone, go visit our sponsors folks.
[01:04:07.840 --> 01:04:10.840] We'll be right back.
[01:04:10.840 --> 01:04:12.680] Stay tuned.
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[01:06:36.520 --> 01:06:50.040] Welcome back to the Rule of Law Radio, folks.
[01:06:50.040 --> 01:06:53.960] You are listening to the Friday night four-hour marathon.
[01:06:53.960 --> 01:06:57.280] We're a little better than an hour through it.
[01:06:57.280 --> 01:07:00.080] And before we went to break, we were talking to Bill in New York.
[01:07:00.080 --> 01:07:06.200] And Bill, I'm sorry I showered you, but we've got to...
[01:07:06.200 --> 01:07:08.720] We've got to get down to brass tacks here.
[01:07:08.720 --> 01:07:11.440] One of the brass tacks is how were you harmed?
[01:07:11.440 --> 01:07:17.160] How I was harmed and how many others were harmed was not by a violation in Teela, not
[01:07:17.160 --> 01:07:24.760] a violation in Ruspa, but because three years out, I would agree that it's too late to rescind
[01:07:24.760 --> 01:07:25.760] anything.
[01:07:25.760 --> 01:07:27.360] I mean, I've made this place my home.
[01:07:27.360 --> 01:07:29.720] I've got two cats buried out in the backyard.
[01:07:29.720 --> 01:07:31.200] I've got memories built here.
[01:07:31.200 --> 01:07:32.880] This is not a house.
[01:07:32.880 --> 01:07:34.240] A house can be replaced.
[01:07:34.240 --> 01:07:36.480] A home cannot.
[01:07:36.480 --> 01:07:38.840] That's irreparable harm.
[01:07:38.840 --> 01:07:42.880] And if you go to the...
[01:07:42.880 --> 01:07:49.640] If you go to a motion for a temporary injunction, you've got to prove irreparable harm that
[01:07:49.640 --> 01:07:54.680] would meet one of the elements, but not to get too far off track.
[01:07:54.680 --> 01:07:56.800] Breach of contract.
[01:07:56.800 --> 01:08:04.280] Breach of contract is a direct harm because you have a written agreement.
[01:08:04.280 --> 01:08:08.520] Go back to the covenants of the deed of trust, the security instrument, the instrument that
[01:08:08.520 --> 01:08:14.240] they bring into court purporting that this is the instrument that grants us the authority
[01:08:14.240 --> 01:08:17.600] to take this guy's home away from him.
[01:08:17.600 --> 01:08:20.280] Okay, great.
[01:08:20.280 --> 01:08:23.120] Did I write that?
[01:08:23.120 --> 01:08:24.440] No.
[01:08:24.440 --> 01:08:27.840] Nobody else wrote that and put it in front of me for my signature.
[01:08:27.840 --> 01:08:34.320] I may have created it with my signature by placing my mark on that instrument.
[01:08:34.320 --> 01:08:42.600] I created the instrument and I have held good to all those covenants, but the other side
[01:08:42.600 --> 01:08:45.160] has not.
[01:08:45.160 --> 01:08:55.760] Now when you're going to the issue of them, I say them ambiguously, of them not putting
[01:08:55.760 --> 01:09:03.440] an interest or recording an interest in your mortgage loan instrument into a remake in
[01:09:03.440 --> 01:09:07.600] a timely manner, how did that harm you?
[01:09:07.600 --> 01:09:11.400] Breach of contract.
[01:09:11.400 --> 01:09:20.520] Now they're going to state that, oh, the homeowner wasn't a party to that deal there.
[01:09:20.520 --> 01:09:21.520] He doesn't have a dog.
[01:09:21.520 --> 01:09:24.760] Whoa, whoa, whoa, whoa, wait a minute.
[01:09:24.760 --> 01:09:28.640] Okay, one of two things is going on here.
[01:09:28.640 --> 01:09:34.920] Either I have an interest or I was a party to that because you were using a document
[01:09:34.920 --> 01:09:44.560] claiming to bear my mark, my name, or you're guilty of identity theft because you're using
[01:09:44.560 --> 01:09:52.320] my identity, my name, my signature, a copy thereof to make some backdoor deals and I'm
[01:09:52.320 --> 01:09:54.800] not getting any skin off of those backdoor deals.
[01:09:54.800 --> 01:09:58.920] As a matter of fact, I got screwed by those backdoor deals.
[01:09:58.920 --> 01:10:04.680] So yeah, I was a party to that and there is case law out there that says that yes, the
[01:10:04.680 --> 01:10:10.400] homeowner can raise issues of securitization because it was his instrument that you used
[01:10:10.400 --> 01:10:15.840] to commit the fraud in the secondary securities markets.
[01:10:15.840 --> 01:10:22.480] And by breaching the contract, by making money on the back end and not giving any of the
[01:10:22.480 --> 01:10:26.720] profits to the homeowner, yeah, he's been harmed.
[01:10:26.720 --> 01:10:29.720] There's your harm.
[01:10:29.720 --> 01:10:32.080] Okay, great.
[01:10:32.080 --> 01:10:37.080] Now, did you read 3-203 over the break?
[01:10:37.080 --> 01:10:38.080] Yes, correct.
[01:10:38.080 --> 01:10:41.160] Transfers are instruments right acquired by transfer.
[01:10:41.160 --> 01:10:42.280] Yes, sir.
[01:10:42.280 --> 01:10:45.720] Now go to subsection D. What does it say?
[01:10:45.720 --> 01:10:51.320] Wow, as the transferor purports to transfer less than entire instrument, negotiation of
[01:10:51.320 --> 01:10:53.360] the instrument does not occur.
[01:10:53.360 --> 01:10:58.680] The transferor obtains no rights under this article and has only the rights of a partial
[01:10:58.680 --> 01:10:59.680] assignee.
[01:10:59.680 --> 01:11:00.680] Perfect.
[01:11:00.680 --> 01:11:08.600] Now, if they stripped the intangible revenue stream from the only document that you granted
[01:11:08.600 --> 01:11:13.600] any authority of having any value, if they stripped that revenue stream from that physical
[01:11:13.600 --> 01:11:23.320] document and attached it to Xerox copy and sold that Xerox copy, would the transferor
[01:11:23.320 --> 01:11:27.280] have purported to transfer less than the entire instrument?
[01:11:27.280 --> 01:11:33.400] Keep in mind, negotiation, what is a negotiation?
[01:11:33.400 --> 01:11:44.760] Negotiation is the transfer of a physical tangible instrument by an endorsement.
[01:11:44.760 --> 01:11:49.880] Now do you have a copy of the note as it exists today?
[01:11:49.880 --> 01:11:52.180] Yes, I do.
[01:11:52.180 --> 01:11:53.180] You do.
[01:11:53.180 --> 01:11:59.960] Now go to the last page, you're looking for a stamp, the imprint of a rubber stamp.
[01:11:59.960 --> 01:12:05.600] Chances are that's going to say pay to the order of, then they're underpaid to the order
[01:12:05.600 --> 01:12:13.160] of there should appear, there should be what appears to be a blank line and then somebody
[01:12:13.160 --> 01:12:18.680] signed it underneath where it says without recourse somebody would have signed it.
[01:12:18.680 --> 01:12:29.840] Hold on Bill, how did you come by this note that is the note as it exists today?
[01:12:29.840 --> 01:12:37.920] They sent me, telling me I'm still in default and oh, I did a depth validation.
[01:12:37.920 --> 01:12:38.920] Perfect.
[01:12:38.920 --> 01:12:39.920] Perfect.
[01:12:39.920 --> 01:12:40.920] Perfect.
[01:12:40.920 --> 01:12:41.920] Absolutely perfect.
[01:12:41.920 --> 01:12:49.480] The point I wanted to make is the note that you received in closing is not the note as
[01:12:49.480 --> 01:12:54.400] it exists today, you answered it perfect.
[01:12:54.400 --> 01:12:55.520] That's part of it.
[01:12:55.520 --> 01:13:00.880] The other part, go to the last page of that document that they sent you purporting to
[01:13:00.880 --> 01:13:06.280] be a copy of the note as it exists today, do you see a rubber stamp on that instrument
[01:13:06.280 --> 01:13:07.280] or on that paper?
[01:13:07.280 --> 01:13:08.280] Correct.
[01:13:08.280 --> 01:13:09.280] Without recourse.
[01:13:09.280 --> 01:13:12.160] Pay to the order of without, okay.
[01:13:12.160 --> 01:13:14.920] Pay to the order of who?
[01:13:14.920 --> 01:13:16.200] Blank.
[01:13:16.200 --> 01:13:18.120] Oh, okay.
[01:13:18.120 --> 01:13:20.920] So there's no principal named.
[01:13:20.920 --> 01:13:24.080] Is there a signature under that without recourse?
[01:13:24.080 --> 01:13:27.760] Yeah, I'm Cynthia Riley.
[01:13:27.760 --> 01:13:28.760] Okay.
[01:13:28.760 --> 01:13:37.160] How can Cynthia Riley purport to be an agent for an unnamed or unidentified principal?
[01:13:37.160 --> 01:13:39.560] Let's put this in perspective.
[01:13:39.560 --> 01:13:43.400] You remember the days when we had, I don't know how old you are, but I remember the days
[01:13:43.400 --> 01:13:49.160] when we used to write out checks out of a checking account and when somebody and a lot
[01:13:49.160 --> 01:13:53.160] of people still write checks, a lot of people still get payroll checks.
[01:13:53.160 --> 01:13:57.660] Let's say you get a payroll check on Friday, but the boss didn't put your name on the pay
[01:13:57.660 --> 01:14:00.940] to the order of line.
[01:14:00.940 --> 01:14:05.280] Now you're going to take that to the bank or wherever you cash your check.
[01:14:05.280 --> 01:14:09.240] What's going to happen when you step up to the teller and say, I'd like to turn this
[01:14:09.240 --> 01:14:15.960] into cash money, but your name does not appear on the front of that page on the pay to the
[01:14:15.960 --> 01:14:17.040] order of line.
[01:14:17.040 --> 01:14:18.520] What's the teller going to do?
[01:14:18.520 --> 01:14:21.280] Is she going to cash your check?
[01:14:21.280 --> 01:14:23.040] No, she's not.
[01:14:23.040 --> 01:14:24.040] No she's not.
[01:14:24.040 --> 01:14:26.960] She's going to push it back and say, I'm sorry, I can't negotiate this.
[01:14:26.960 --> 01:14:30.120] There's no identified payee.
[01:14:30.120 --> 01:14:32.160] That is a negotiable instrument, my friend.
[01:14:32.160 --> 01:14:34.040] Now go back to your note.
[01:14:34.040 --> 01:14:36.440] That is also a negotiable instrument.
[01:14:36.440 --> 01:14:42.560] Now pay to the order of who?
[01:14:42.560 --> 01:14:43.560] We have a problem.
[01:14:43.560 --> 01:14:44.560] Don't we?
[01:14:44.560 --> 01:14:45.560] That's correct.
[01:14:45.560 --> 01:14:48.040] It looks like they don't think so.
[01:14:48.040 --> 01:14:58.640] So negotiation did not occur and the transferee obtained no or got no rights under that, under
[01:14:58.640 --> 01:15:01.480] Article 3, did they?
[01:15:01.480 --> 01:15:03.280] It doesn't look like that.
[01:15:03.280 --> 01:15:07.660] So what are you doing in court there, Mr. Bankerman?
[01:15:07.660 --> 01:15:16.600] You have not proven that you are a party entitled to enforce this alleged instrument, are you?
[01:15:16.600 --> 01:15:18.720] Oopsie daisy.
[01:15:18.720 --> 01:15:22.080] Yes, Houston, we have a problem.
[01:15:22.080 --> 01:15:27.680] Yeah, but they're allowing the court is allowing them to push it through because it's a bad
[01:15:27.680 --> 01:15:28.680] instrument.
[01:15:28.680 --> 01:15:32.840] Oh, whoa, whoa, whoa, whoa, whoa, whoa, bearer instrument.
[01:15:32.840 --> 01:15:37.920] Okay, I would encourage you to go to Texas case law.
[01:15:37.920 --> 01:15:45.800] There's Texas and Illinois, I believe, I know in Texas, it's Haas v. Fabacher, Haas, H-O-S-S
[01:15:45.800 --> 01:15:53.160] versus Fabacher, Haas v. Fabacher went into extremely painful detail in the difference
[01:15:53.160 --> 01:15:56.240] between order paper and bearer paper.
[01:15:56.240 --> 01:16:01.900] We're talking the difference between endorsements.
[01:16:01.900 --> 01:16:09.680] There are several types of endorsements, pay to the order of is a special endorsement.
[01:16:09.680 --> 01:16:13.520] That means there has to be an identified payee.
[01:16:13.520 --> 01:16:19.720] Somebody could have very easily put their own name on the payee line and then signed
[01:16:19.720 --> 01:16:22.280] for it, but they chose not to.
[01:16:22.280 --> 01:16:26.120] That's an incomplete endorsement, negotiation did not occur.
[01:16:26.120 --> 01:16:35.440] So the transferee acquired no rights under this article.
[01:16:35.440 --> 01:16:37.600] They're claiming this is order paper.
[01:16:37.600 --> 01:16:43.360] I would argue that until I'm blue in the face, go to Haas v. Fabacher.
[01:16:43.360 --> 01:16:48.880] You might ask the court to direct the other side to let you examine that document.
[01:16:48.880 --> 01:16:51.320] And when they hand it to you, sign your name on it.
[01:16:51.320 --> 01:16:54.240] Here you go, Bubba, now it's mine.
[01:16:54.240 --> 01:16:56.440] Well, but he didn't endorse it.
[01:16:56.440 --> 01:17:04.160] He may be the named payee, but the signatory on there is not your agent.
[01:17:04.160 --> 01:17:08.160] He's the named payee, he owns it.
[01:17:08.160 --> 01:17:09.160] He's the holder.
[01:17:09.160 --> 01:17:12.160] Hang on, ready to come, let's get more review.
[01:17:12.160 --> 01:17:19.320] Eating grilled food and too much red meat raises your cancer risk, but there's a way
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[01:18:43.160 --> 01:18:48.520] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
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[01:19:01.040 --> 01:19:02.400] I'm not a conspiracy theorist.
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[01:20:09.240 --> 01:20:33.320] Okay.
[01:20:33.320 --> 01:20:39.160] Hey!
[01:20:39.160 --> 01:21:00.420] Oh, if you come with temptation, they're trying to buy the whole place.
[01:21:00.420 --> 01:21:11.280] They want to force the nation, because they're falling from grace.
[01:21:11.280 --> 01:21:22.400] I will not think that, I just can't act that way.
[01:21:22.400 --> 01:21:28.520] Welcome back to Rural Law Radio folks, now before we left we were talking to Bill in New
[01:21:28.520 --> 01:21:29.520] York.
[01:21:29.520 --> 01:21:34.920] Before we went out, I had mentioned an incomplete endorsement.
[01:21:34.920 --> 01:21:39.840] There's actually statute that covers an incomplete endorsement and you will find that in Uniform
[01:21:39.840 --> 01:21:47.080] Commercial Code Section 3-115, that's Article 3, Section 115.
[01:21:47.080 --> 01:21:54.720] Incomplete endorsement, A, incomplete endorsement means a signed written, a signed writing rather,
[01:21:54.720 --> 01:22:04.040] cut take two, means a signed writing, whether or not issued by the signer, the contents
[01:22:04.040 --> 01:22:14.640] of which show at the time of the signing that it is incomplete, but that the signer intended,
[01:22:14.640 --> 01:22:23.220] key word, intended to be completed by the addition of words or numbers.
[01:22:23.220 --> 01:22:27.720] This goes back to writing in your own name in the paid E line.
[01:22:27.720 --> 01:22:30.880] Now they had that opportunity.
[01:22:30.880 --> 01:22:35.040] Now let me go back to intended, intent.
[01:22:35.040 --> 01:22:42.040] We can see in that stamp on the last page of the alleged copy of the note that you've
[01:22:42.040 --> 01:22:48.320] got or the copy of the alleged note that you've got, that there may have been an intent to
[01:22:48.320 --> 01:22:58.840] negotiate, but I'm sorry, intent does not supersede statutory requirement.
[01:22:58.840 --> 01:23:08.360] You were required to identify a paid E. Somebody fell down on the job.
[01:23:08.360 --> 01:23:13.320] Now they're going to say, oh, that's an endorsement in blank, horse feathers.
[01:23:13.320 --> 01:23:22.240] It's an incomplete endorsement pursuant to 3-115 of the UCC or the state equivalent,
[01:23:22.240 --> 01:23:24.720] depending on the venue.
[01:23:24.720 --> 01:23:25.720] Oxymoron.
[01:23:25.720 --> 01:23:26.720] Oxymoron.
[01:23:26.720 --> 01:23:27.720] Yeah.
[01:23:27.720 --> 01:23:28.720] Endorsement.
[01:23:28.720 --> 01:23:37.040] Is that a moron on Oxycontin?
[01:23:37.040 --> 01:23:40.880] I don't do those drugs.
[01:23:40.880 --> 01:23:43.560] Endorsement in blank is kind of a contradiction of terms.
[01:23:43.560 --> 01:23:45.520] It absolutely is.
[01:23:45.520 --> 01:23:53.240] Endorsement in blank, well, there is an endorsement in blank, but that incomplete endorsement
[01:23:53.240 --> 01:23:56.520] is not an endorsement in blank.
[01:23:56.520 --> 01:24:04.160] Go read 3-115 of the UCC, and again, another light should come on above your head.
[01:24:04.160 --> 01:24:11.880] I mean, it goes on through subsection D, but you don't need to get much past A to realize
[01:24:11.880 --> 01:24:15.840] that we can see the intent to negotiate.
[01:24:15.840 --> 01:24:22.120] Somebody intended to do something here, but it didn't get completed.
[01:24:22.120 --> 01:24:28.960] So go back to 3-203.
[01:24:28.960 --> 01:24:37.200] It's also a violation of due process for somebody to come into court with a claim that they
[01:24:37.200 --> 01:24:41.800] are a party entitled to enforce when they're not.
[01:24:41.800 --> 01:24:43.840] Violation of due process, brother.
[01:24:43.840 --> 01:24:44.840] You're not Pete.
[01:24:44.840 --> 01:24:45.840] Pete.
[01:24:45.840 --> 01:24:49.480] P-E-T-E, party entitled to enforce.
[01:24:49.480 --> 01:24:51.240] Let me give you a little secret.
[01:24:51.240 --> 01:24:53.720] Somebody shot Pete in the head right after closing.
[01:24:53.720 --> 01:24:55.400] Pete's dead.
[01:24:55.400 --> 01:24:58.920] He's buried in a shallow grave somewhere out near the Mexican border.
[01:24:58.920 --> 01:24:59.920] He's dead.
[01:24:59.920 --> 01:25:02.440] That raises another question.
[01:25:02.440 --> 01:25:11.600] How is it that the supposed investor, not Wells Fargo, is entrusted to a Freddie Mac
[01:25:11.600 --> 01:25:12.600] trust?
[01:25:12.600 --> 01:25:13.600] Freddie Mac is silent.
[01:25:13.600 --> 01:25:19.440] I haven't seen Freddie Mac anywhere, not on their website or anything.
[01:25:19.440 --> 01:25:24.680] So you may have a failure to include an indispensable party.
[01:25:24.680 --> 01:25:30.800] They have it in the caption, in the plaintiff, but I don't see my loan nowhere.
[01:25:30.800 --> 01:25:39.720] I spoke to Freddie and his company, and nowhere on their website, my loan is present.
[01:25:39.720 --> 01:25:41.920] And they put this in the document style?
[01:25:41.920 --> 01:25:44.040] A long time ago.
[01:25:44.040 --> 01:25:47.960] They put this in a document style that was entered into court?
[01:25:47.960 --> 01:25:48.960] Is that correct?
[01:25:48.960 --> 01:25:50.960] That was entered into court, yes.
[01:25:50.960 --> 01:25:59.280] Oh dear, tampering with governmental documents, filing false claims, fraud upon a court, contempt
[01:25:59.280 --> 01:26:02.560] of court, aggravated perjury.
[01:26:02.560 --> 01:26:04.040] Really?
[01:26:04.040 --> 01:26:06.120] You want to go on for another half hour?
[01:26:06.120 --> 01:26:07.520] Oh man.
[01:26:07.520 --> 01:26:14.600] I've got more than enough to work with, look like, on this one.
[01:26:14.600 --> 01:26:15.600] Good.
[01:26:15.600 --> 01:26:16.600] Good.
[01:26:16.600 --> 01:26:17.600] Glad you're paying attention.
[01:26:17.600 --> 01:26:24.040] Randy talked about this a long time ago, but there's sometimes things that take some time
[01:26:24.040 --> 01:26:31.120] to get all wrapped up about what Freddie Mac and the fanny is doing.
[01:26:31.120 --> 01:26:32.120] Right.
[01:26:32.120 --> 01:26:36.560] Well, you know, the rabbit holes go deep, but you don't have to go all the way down
[01:26:36.560 --> 01:26:41.280] the rabbit hole to have an understanding of what went wrong on the surface.
[01:26:41.280 --> 01:26:42.280] Okay.
[01:26:42.280 --> 01:26:43.280] Pete's dead.
[01:26:43.280 --> 01:26:44.280] Pete's dead.
[01:26:44.280 --> 01:26:45.280] Pete's dead.
[01:26:45.280 --> 01:26:50.520] I'm not going to be taking it because I know other questions are out there.
[01:26:50.520 --> 01:26:56.360] And I know a lot of things that we're talking about, I'm sure that other people have questions
[01:26:56.360 --> 01:26:57.360] about it.
[01:26:57.360 --> 01:27:03.320] But the FDCPA, there's many violations there as well.
[01:27:03.320 --> 01:27:04.320] Yes.
[01:27:04.320 --> 01:27:05.320] Yes.
[01:27:05.320 --> 01:27:06.320] Yes.
[01:27:06.320 --> 01:27:07.320] Yes.
[01:27:07.320 --> 01:27:08.320] Yes.
[01:27:08.320 --> 01:27:09.320] Absolutely.
[01:27:09.320 --> 01:27:10.320] Okay, great.
[01:27:10.320 --> 01:27:18.400] So in 2009, they passed a new statute that required the lender to give notice to the
[01:27:18.400 --> 01:27:25.120] borrower of any change in the beneficial interest in the note.
[01:27:25.120 --> 01:27:29.760] So it gave them a problem with all of these remics.
[01:27:29.760 --> 01:27:36.160] When they caught a tranche off a remake and moved it into a different remake, they had
[01:27:36.160 --> 01:27:44.560] a requirement to give notice to every clerk for every note in the remake.
[01:27:44.560 --> 01:27:50.240] And that would have been prohibitive, so they just didn't do it.
[01:27:50.240 --> 01:27:55.080] And they hope you don't figure that out.
[01:27:55.080 --> 01:28:00.880] And it's like these debt collectors, everything they do just about is illegal, but for the
[01:28:00.880 --> 01:28:03.240] most part, they don't get caught.
[01:28:03.240 --> 01:28:05.880] When they do get caught, they're kind of like Wachovia.
[01:28:05.880 --> 01:28:16.600] Wachovia got caught laundering $385 million, I'm sorry, $1 million for the drug cartels
[01:28:16.600 --> 01:28:20.560] and they were fined $3 million.
[01:28:20.560 --> 01:28:23.560] Not bad.
[01:28:23.560 --> 01:28:26.360] This is the kind of thing that they're dealing with.
[01:28:26.360 --> 01:28:31.880] They fraudulently foreclose on 10,000 notes and they get caught on one of them.
[01:28:31.880 --> 01:28:34.600] Big deal.
[01:28:34.600 --> 01:28:38.120] So we need to make it a big deal, see if we can get them caught on a whole lot more.
[01:28:38.120 --> 01:28:42.960] How about these judges though, they sign with these, they become the attorneys for these
[01:28:42.960 --> 01:28:43.960] complaints.
[01:28:43.960 --> 01:28:46.480] Yeah, the judges are in the pockets of the banks.
[01:28:46.480 --> 01:28:50.200] Let me tell you something, you're in the lower court, okay?
[01:28:50.200 --> 01:28:53.760] Are you in a court of record?
[01:28:53.760 --> 01:28:57.680] You know, I need to bring somebody in there this time.
[01:28:57.680 --> 01:28:59.680] Is there a stenographer in the court?
[01:28:59.680 --> 01:29:00.680] Court recorder.
[01:29:00.680 --> 01:29:01.680] Yes.
[01:29:01.680 --> 01:29:02.680] Okay.
[01:29:02.680 --> 01:29:03.680] Not present, right.
[01:29:03.680 --> 01:29:04.680] Okay.
[01:29:04.680 --> 01:29:06.400] But haven't been present at these hearings.
[01:29:06.400 --> 01:29:07.400] Okay.
[01:29:07.400 --> 01:29:12.120] The court that you're in is nothing more than a place for you to make a footprint on your
[01:29:12.120 --> 01:29:14.640] way to the appellate court.
[01:29:14.640 --> 01:29:15.640] Okay, flat.
[01:29:15.640 --> 01:29:16.640] Period.
[01:29:16.640 --> 01:29:20.680] You're not going to get traction in the lower court, I guarantee.
[01:29:20.680 --> 01:29:21.680] Yeah.
[01:29:21.680 --> 01:29:26.440] I was going to mention earlier, do not let the judge frustrate you because you don't care
[01:29:26.440 --> 01:29:27.440] what he does.
[01:29:27.440 --> 01:29:28.440] Right.
[01:29:28.440 --> 01:29:30.160] You've always got the appellate.
[01:29:30.160 --> 01:29:37.040] Your only purpose in the trial court is to set the record for appeal.
[01:29:37.040 --> 01:29:44.000] Put the facts on the record in the form of an affidavit and put the law on the record
[01:29:44.000 --> 01:29:49.560] in the form of a request to take judicial notice.
[01:29:49.560 --> 01:29:53.760] Get your facts and your law before the court because that's what the court of appeals is
[01:29:53.760 --> 01:29:55.360] going to look at.
[01:29:55.360 --> 01:29:57.280] You don't care what this judge does.
[01:29:57.280 --> 01:30:05.480] Now in regard to that affidavit of facts, your affidavit, your findings may be bias
[01:30:05.480 --> 01:30:07.520] or prejudice due to omission.
[01:30:07.520 --> 01:30:13.320] You may have not found or not included a document either by accident or on purpose.
[01:30:13.320 --> 01:30:21.160] However, if you have a third party, an uninterested third party such as a licensed private investigator
[01:30:21.160 --> 01:30:27.960] with a bond behind his license, that affidavit carries some weight.
[01:30:27.960 --> 01:30:31.680] What I'm talking about is go do some business with Joe Esquivel.
[01:30:31.680 --> 01:30:36.720] He's licensed and bonded in the state of Texas and he knows his way around the securities
[01:30:36.720 --> 01:30:38.280] issues.
[01:30:38.280 --> 01:30:45.520] He knows his way around all of the fraud that these banks and investors have committed.
[01:30:45.520 --> 01:30:50.680] So when you go into court with that type of affidavit, particularly if you've taken the
[01:30:50.680 --> 01:30:56.920] time to present that to the public record, now you have a self-authenticated verified
[01:30:56.920 --> 01:30:57.920] instrument.
[01:30:57.920 --> 01:30:59.680] And folks, we'll be right back after this break.
[01:30:59.680 --> 01:31:05.960] 512-646-1984 is the number to dial, get in line.
[01:31:05.960 --> 01:31:07.760] Gene in New York, we see you there.
[01:31:07.760 --> 01:31:12.040] We'll get to you right after this break, stay tuned.
[01:31:12.040 --> 01:31:15.480] You feel tired when talking about important topics like money and politics?
[01:31:15.480 --> 01:31:16.480] Sorry.
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[01:31:19.400 --> 01:31:20.400] What?
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[01:33:33.960 --> 01:33:55.600] We are back, Randy Kelton, Steve Skidmore, Rule of Law Radio, we're talking to Bill in
[01:33:55.600 --> 01:33:56.600] New York.
[01:33:56.600 --> 01:34:01.360] Bill, have you covered your issues?
[01:34:01.360 --> 01:34:10.560] Oh, Larry, I'm sorry, start again, somebody didn't unmute you, my bad.
[01:34:10.560 --> 01:34:18.960] Yeah, this is great information, I'm here, I'm on, okay, and then, yeah, I've got to
[01:34:18.960 --> 01:34:21.960] share this information too.
[01:34:21.960 --> 01:34:30.280] Now, okay, so I'm not so much worried about it, really, I'm really not, I'm really not
[01:34:30.280 --> 01:34:32.480] worried about the middle of the world.
[01:34:32.480 --> 01:34:35.360] Okay, so have we pretty well handled your questions?
[01:34:35.360 --> 01:34:40.520] Yes, pretty much so, this is good, this is good, just putting it together, I'm just putting
[01:34:40.520 --> 01:34:45.760] it together, putting it in paper, point by point, not a whole lot of ingenuous stuff,
[01:34:45.760 --> 01:34:49.840] like you say, the facts in the law, keep to the facts in the laws and-
[01:34:49.840 --> 01:34:53.680] Exactly, that's all you care about in the trial court.
[01:34:53.680 --> 01:34:56.720] Exactly, not worried about-
[01:34:56.720 --> 01:35:03.720] Okay, one more thing, trial, you want, get your facts on the record, get the law on the
[01:35:03.720 --> 01:35:11.440] record as it applies to the facts, and object, object, object, your objections have to be
[01:35:11.440 --> 01:35:20.000] on the record in order for you to raise them in the court of appeals, so just object to
[01:35:20.000 --> 01:35:21.000] everything.
[01:35:21.000 --> 01:35:28.520] And forget about the suits, me bringing any action against the attorneys, and I know the
[01:35:28.520 --> 01:35:32.760] judge is going to be a tough one, because you got to show clearly where they have stepped
[01:35:32.760 --> 01:35:38.240] beyond their bounds, that I know Randy loves going after the judges, right?
[01:35:38.240 --> 01:35:41.720] Yeah, but you don't have to show all of that, it doesn't matter what you do, they're going
[01:35:41.720 --> 01:35:50.720] to toss it anyway, but even if it's absolutely 100% dead bang, they're going to toss it.
[01:35:50.720 --> 01:35:57.520] If it's not absolute 100% dead bang, they're going to toss it, and in either case, it's
[01:35:57.520 --> 01:36:01.000] going to go against his boundary.
[01:36:01.000 --> 01:36:02.480] So who cares?
[01:36:02.480 --> 01:36:08.960] I mean, I don't suggest making a frivolous complaint against the judge, but as a rule,
[01:36:08.960 --> 01:36:16.640] you always have options to file against the judge, and we need to do more of that.
[01:36:16.640 --> 01:36:22.680] The judges need to understand that when they step up behind the bench and look out across
[01:36:22.680 --> 01:36:29.160] the bar at the gallery, they need to be wondering which one, which one of those scoundrels out
[01:36:29.160 --> 01:36:33.880] there are waiting for me to render a ruling he doesn't like, so he can run down and try
[01:36:33.880 --> 01:36:37.400] to get me thrown out of office.
[01:36:37.400 --> 01:36:41.200] When the judges sit on the bench and think that way, they will be more cautious, they'll
[01:36:41.200 --> 01:36:44.920] be more fair.
[01:36:44.920 --> 01:36:50.440] The upshot is complain, quick complain often.
[01:36:50.440 --> 01:36:57.440] You make up for all of those that don't, and this goes to politics.
[01:36:57.440 --> 01:37:01.040] The judge is going to get frustrated when you hammer in him and he's going to tell this
[01:37:01.040 --> 01:37:05.440] lawyer on the other side, because he has leverage over the lawyer, you don't have leverage over
[01:37:05.440 --> 01:37:06.440] you.
[01:37:06.440 --> 01:37:13.160] You need to do something, get this guy off my behind, or I'm going to be on your behind.
[01:37:13.160 --> 01:37:21.040] Now that may not be right, but that's how it works in the world you and I live in.
[01:37:21.040 --> 01:37:22.040] Okay.
[01:37:22.040 --> 01:37:23.040] Thank you, Bill.
[01:37:23.040 --> 01:37:24.040] We're going to move along.
[01:37:24.040 --> 01:37:27.360] Keep us up to date on how this shakes out.
[01:37:27.360 --> 01:37:28.360] Okay.
[01:37:28.360 --> 01:37:33.200] We are going to go to Jean in New York.
[01:37:33.200 --> 01:37:35.200] Hello, Jean.
[01:37:35.200 --> 01:37:36.200] Hello.
[01:37:36.200 --> 01:37:40.200] I understand you have a traffic issue.
[01:37:40.200 --> 01:37:43.040] Yes, with my son.
[01:37:43.040 --> 01:37:44.040] Okay.
[01:37:44.040 --> 01:37:47.320] Will you tell us about it?
[01:37:47.320 --> 01:37:48.320] Yes.
[01:37:48.320 --> 01:37:57.520] He was traveling to the store and on the way back, he was just riding and all of a sudden
[01:37:57.520 --> 01:38:02.400] he saw this, I guess, cop sitting on the side of the road.
[01:38:02.400 --> 01:38:07.000] And as soon as he passed him, he had a feeling that maybe he would come out because he kept
[01:38:07.000 --> 01:38:10.880] watching him, and finally the cop came out.
[01:38:10.880 --> 01:38:16.240] And he was trying to get home, because he heard that if you go in your driveway, in
[01:38:16.240 --> 01:38:21.520] a private driveway, that they can't tow your car.
[01:38:21.520 --> 01:38:27.920] But he had to slow off because somebody was turning in, so that gave the cop the advantage
[01:38:27.920 --> 01:38:31.680] to go in front of him, so he had to stop.
[01:38:31.680 --> 01:38:36.080] And he asked him for his license, and he said he doesn't have one.
[01:38:36.080 --> 01:38:43.720] And he said, but it's my God-given right to travel, you know, on the road.
[01:38:43.720 --> 01:38:51.080] And he was giving him a hard time about that and everything, and he said, not in this state,
[01:38:51.080 --> 01:38:53.160] he said like that.
[01:38:53.160 --> 01:38:58.080] And my son was trying to tell him, but in other states, they have set a precedent which
[01:38:58.080 --> 01:39:03.040] makes it legal for all the states, you know, and he just wouldn't hear of it.
[01:39:03.040 --> 01:39:09.520] So he towed his car, and his car is not even completely paid for, because he bought it
[01:39:09.520 --> 01:39:13.120] from this man, and he's still paying him for it.
[01:39:13.120 --> 01:39:18.440] So he never got it registered in his name, it's still in the other guy's name that he
[01:39:18.440 --> 01:39:20.840] sold the car to him.
[01:39:20.840 --> 01:39:24.920] And so I just wanted to know if that was, if they could do that, or?
[01:39:24.920 --> 01:39:29.640] Okay, hold on, you're not telling me everything.
[01:39:29.640 --> 01:39:32.600] Did the car have current registration on it?
[01:39:32.600 --> 01:39:33.600] No.
[01:39:33.600 --> 01:39:34.600] Okay.
[01:39:34.600 --> 01:39:39.000] Why did the officer pull him over to start with?
[01:39:39.000 --> 01:39:45.400] He thinks he scanned his license to see if the car was registered.
[01:39:45.400 --> 01:39:49.200] Okay, did the officer say why he pulled him over?
[01:39:49.200 --> 01:39:55.800] He said, did he say why he pulled you over?
[01:39:55.800 --> 01:40:02.800] He said, no, first he said, you know, your life, your vehicle is not registered, your
[01:40:02.800 --> 01:40:04.800] name, and stuff like that, and you don't have to...
[01:40:04.800 --> 01:40:08.240] Okay, okay, hold on, that's enough.
[01:40:08.240 --> 01:40:14.280] That would establish, oh, okay, did it, I don't know if I got an answer to the question,
[01:40:14.280 --> 01:40:17.280] did it have current registration on it?
[01:40:17.280 --> 01:40:18.280] No.
[01:40:18.280 --> 01:40:24.920] Okay, then the officer ran the plate and found that the plate was expired.
[01:40:24.920 --> 01:40:29.720] I don't know if it's like Texas, in Texas we have a little sticker on the windshield
[01:40:29.720 --> 01:40:36.640] that registers when the registration runs out so an officer can see it.
[01:40:36.640 --> 01:40:44.320] Do you have anything on the plate that shows when the registration expires?
[01:40:44.320 --> 01:40:50.760] I don't think so because, like I said, we never re-registered it after this man sold
[01:40:50.760 --> 01:40:51.760] it.
[01:40:51.760 --> 01:40:56.600] I don't know, like this is a really, really specific question.
[01:40:56.600 --> 01:41:04.520] Can someone look at another car and tell if the registration is expired?
[01:41:04.520 --> 01:41:10.640] Most license plates have a year on them and it got too expensive to remake plates every
[01:41:10.640 --> 01:41:14.800] year so a lot of states started putting out little stickers that you put on the plate
[01:41:14.800 --> 01:41:17.000] and it tells when the registration expires.
[01:41:17.000 --> 01:41:21.360] In Texas, they don't even do that, they've got a sticker you put on the windshield.
[01:41:21.360 --> 01:41:25.160] So a policeman can look at your car and tell if your registration is expired.
[01:41:25.160 --> 01:41:28.040] Can they do that in New York?
[01:41:28.040 --> 01:41:29.760] I think so, yes.
[01:41:29.760 --> 01:41:38.080] Okay, then he had probable cause for the stop because you were driving with plates on the
[01:41:38.080 --> 01:41:41.560] vehicle even though they were expired.
[01:41:41.560 --> 01:41:51.720] That demonstrates that the vehicle is being used in transportation or it is geared to
[01:41:51.720 --> 01:41:55.040] be used in transportation.
[01:41:55.040 --> 01:42:02.160] So that would give him probable cause for the stop and when a policeman stops you on
[01:42:02.160 --> 01:42:10.040] the side of the highway, I'm going to suggest you don't raise these issues or don't argue
[01:42:10.040 --> 01:42:11.040] with the policeman.
[01:42:11.040 --> 01:42:16.160] Let me tell you, if you ask for your license, what I tell them is, they say do you have
[01:42:16.160 --> 01:42:17.160] a driver's license?
[01:42:17.160 --> 01:42:21.680] Yes, I do, but I'm not using it right now.
[01:42:21.680 --> 01:42:29.760] See, I have a license and I can operate in commerce if I want to.
[01:42:29.760 --> 01:42:34.960] I've got a chauffeur's license and if you have a license issued by the state and it's
[01:42:34.960 --> 01:42:39.160] not a CDL, it's a chauffeur's license.
[01:42:39.160 --> 01:42:48.760] Here in Texas, I'm authorized to transport for hire up to eight people on this license,
[01:42:48.760 --> 01:42:54.080] but I never use it as a commercial license.
[01:42:54.080 --> 01:43:03.960] So that would be, I don't suggest that you not have a license and especially don't drive
[01:43:03.960 --> 01:43:11.440] without plates unless this is an issue that you're prepared to fight and it's a pretty
[01:43:11.440 --> 01:43:14.480] serious fight.
[01:43:14.480 --> 01:43:24.680] The traffic enforcement is an incredible source of revenue for counties and municipalities
[01:43:24.680 --> 01:43:31.520] and if you try to stick a monkey wrench in that, they're going to fight you like a tiger.
[01:43:31.520 --> 01:43:37.240] They ignore all law, they do anything they want to, if you're going to try to win this
[01:43:37.240 --> 01:43:44.720] kind of case, you're going to have to go after them criminally.
[01:43:44.720 --> 01:43:46.600] You can do that in New York.
[01:43:46.600 --> 01:43:54.800] We had a friend of mine fought him in New York over an issue over some property he owned
[01:43:54.800 --> 01:43:58.720] that they didn't like where he had his garbage cans or something and he fought him.
[01:43:58.720 --> 01:44:09.520] He wound up getting the mayor fired, I'm sorry, getting the mayor and the city attorney arrested.
[01:44:09.520 --> 01:44:12.400] Part of it was the sheriff hated the mayor.
[01:44:12.400 --> 01:44:20.060] That didn't hurt, but he charged the mayor criminally and they were arrested and booked.
[01:44:20.060 --> 01:44:26.680] So it can be done and it certainly can be done in New York, but this is not an easy
[01:44:26.680 --> 01:44:28.920] fight.
[01:44:28.920 --> 01:44:35.040] Foreclosure is probably an easier fight because at least in foreclosure, it's a higher level
[01:44:35.040 --> 01:44:41.680] judge and they sort of give the semblance of following law.
[01:44:41.680 --> 01:44:45.840] In the municipal courts, they just ignore law altogether.
[01:44:45.840 --> 01:44:53.560] So my suggestion if you're going to fight the ticket is set them up and here's how you
[01:44:53.560 --> 01:44:55.880] do that.
[01:44:55.880 --> 01:45:05.560] Never ask a public official to do anything that you actually want him to do because you
[01:45:05.560 --> 01:45:11.240] never ask a public official to do anything that the law does not specifically command
[01:45:11.240 --> 01:45:13.640] him to do.
[01:45:13.640 --> 01:45:14.640] Read the code.
[01:45:14.640 --> 01:45:18.240] It will read like a comic book.
[01:45:18.240 --> 01:45:23.520] You see all of these things they're supposed to be doing and they're not doing and for
[01:45:23.520 --> 01:45:27.440] each thing they're required to do and don't do, you can file a criminal charge against
[01:45:27.440 --> 01:45:29.040] them.
[01:45:29.040 --> 01:45:33.160] That's why you don't want them to do what you're asking them to do.
[01:45:33.160 --> 01:45:35.480] You're setting them up so you can file against them.
[01:45:35.480 --> 01:45:36.480] Hang on.
[01:45:36.480 --> 01:45:37.480] We're about to go to break.
[01:45:37.480 --> 01:45:41.240] This is Randy Kelton, Steve Skidmore, Rue of Law Radio.
[01:45:41.240 --> 01:45:45.320] Our call in number 512-646-1984.
[01:45:45.320 --> 01:45:48.600] This is our four hour info marathon.
[01:45:48.600 --> 01:45:50.320] So it generally builds up toward the end.
[01:45:50.320 --> 01:45:55.080] We've got a couple more callers, Francis Assi there, so if you have a question or comment,
[01:45:55.080 --> 01:45:56.080] give us a call.
[01:45:56.080 --> 01:45:59.920] Steve's going to be here so we can play stump the chumps.
[01:45:59.920 --> 01:46:00.920] Hang on.
[01:46:00.920 --> 01:46:01.920] We'll be right back.
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