ROL_2014-06-06_16k_Hr1-2.timecode

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[00:08.720 --> 00:13.720]  I'm Brian Hagan with your Liberty Beat for Friday, June 6, 2014.
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[00:43.640 --> 00:48.400]  In the news, the Los Angeles Police Department acquired two drones this week, enabling them
[00:48.400 --> 00:53.840]  to move closer towards using drones for manhunts, standoffs, and other tactical events.
[00:53.840 --> 00:57.760]  The drones were given to LAPD free of charge for the Seattle Police Department.
[00:57.760 --> 01:01.960]  Each remote-controlled copter is about three feet in width, has three rotors, and is equipped
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[01:16.720 --> 01:21.920]  A 14-year-old female San Marcos student confided in her parents as she was asked how far she
[01:21.920 --> 01:25.600]  was willing to go sexually during a sex education lesson.
[01:25.600 --> 01:29.720]  Woodland Park Middle School reportedly asked students to stand under signs labeled smile
[01:29.720 --> 01:34.320]  that, hugged, kissed, above the waist, below the waist, and all the way, as according to
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[01:36.920 --> 01:40.960]  School officials defended the dating lesson, saying the goal was to discuss what is appropriate
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[01:43.440 --> 01:46.640]  Students felt embarrassed because they thought the teacher wanted to know how far each would
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[01:47.640 --> 01:55.760]  The school's principal says the lesson has been in use for several years now.
[01:55.760 --> 01:59.800]  Pakistani officials are calling CIA drone strikes illegal and a criminal act that needs
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[02:01.320 --> 02:05.400]  On Thursday, a Pakistani court ordered police to investigate murder allegations against
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[02:08.320 --> 02:12.360]  Human rights campaigners say the move opens up the doorway for other cases to be brought
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[02:14.400 --> 02:17.720]  Reports show more than 60 percent of drone strikes target private homes in the middle
[02:17.720 --> 02:21.160]  of the night, often killing innocent families in their sleep.
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[02:49.080 --> 02:53.120]  This is the Liberty Beach for Friday, June 6, 2014.
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[04:39.640 --> 04:46.400]  good evening everyone this is Joe Esquivel tonight on rule of law radio with Randy Kelton
[04:46.400 --> 04:57.240]  and Steve Skidmore as well today is June 6 2014 today we are going to be talking about
[04:57.240 --> 05:07.480]  MCI and the role that MCI is playing today to find MCI mortgage compliance investigators
[05:07.480 --> 05:16.280]  which is that is the company in which I am a private license investigator for now the
[05:16.280 --> 05:23.400]  reason that this is important is because we've been given a lot of information and everyone's
[05:23.400 --> 05:32.040]  been asking Joe what is this information and how am I going to use this information what
[05:32.040 --> 05:43.560]  sets MCI apart from everyone else I can go get an audit tomorrow you're right you can
[05:43.560 --> 05:47.760]  go there's an outfit in Houston I think it'll do it on a computer for like five hundred
[05:47.760 --> 05:53.880]  dollars correct so what do you get for five hundred bucks well nothing nothing you get
[05:53.880 --> 06:01.520]  using court cursory information and that's cursory and they give you parameters in which
[06:01.520 --> 06:07.800]  they've done their guidelines and it may or it may not fall within those guidelines the
[06:07.800 --> 06:16.280]  difference with what mortgage compliance investigators gives you is that it's a three-pronged weapon
[06:16.280 --> 06:23.200]  that you're getting now this weapon you need to understand how to use it because if you
[06:23.200 --> 06:31.840]  get a chain of title analysis and an investigation it does you know good if you do not know how
[06:31.840 --> 06:40.560]  to use the information which we have to understand is that a chain of title analysis is a chain
[06:40.560 --> 06:48.200]  of title analysis and investigation by a licensed private investigator why is that important
[06:48.200 --> 06:53.200]  well it's important because in order for me to give you this information I need to be
[06:53.200 --> 07:02.000]  licensed I believe there's 42 states which require there are 42 states a licensed professional
[07:02.000 --> 07:08.120]  to attest to that information I've researched this issue about three years ago and I've
[07:08.120 --> 07:15.120]  I counted myself I counted 42 states and this is current information as well 42 states in
[07:15.120 --> 07:22.240]  the United States that have licensing requirements and let me go just very briefly into this
[07:22.240 --> 07:29.280]  you can look into your own issues that creates another headache because bias prejudice omission
[07:29.280 --> 07:33.520]  now starts to come into play now you've got an uphill battle to prove that you have not
[07:33.520 --> 07:42.320]  left out anything how do you prove a negative you can't so it behooves you to have an uninterested
[07:42.320 --> 07:49.280]  third party look into your issues well in these 42 states if you are an uninterested
[07:49.280 --> 07:56.280]  third party who is looking into the issues of another party there are licensing requirements
[07:56.280 --> 08:04.160]  for that if you are generating a report of your findings and that report is designated
[08:04.160 --> 08:11.160]  to be used in a court of law which why else would you go get an alleged audit or an analysis
[08:11.160 --> 08:16.840]  unless you can use it in law or in a court if you're going to use this in court you better
[08:16.840 --> 08:28.200]  be licensed and bonded in 42 states of the union Joe is licensed and bonded correct so
[08:28.200 --> 08:36.240]  when we do our chain of title analysis and investigation what we are doing is laying
[08:36.240 --> 08:44.080]  the foundation in which you are going to build your house you want to build a house of straw
[08:44.080 --> 08:52.760]  or a house built of brick one that will not waver when the winds blow I want four foot
[08:52.760 --> 08:59.280]  thick concrete correct course bark reinforce walls this investigation that we do lays
[08:59.280 --> 09:08.120]  the foundation for any further action that before any action that you're going to take
[09:08.120 --> 09:13.920]  because what I've seen Steve is that the minute someone goes into foreclosure they wait to
[09:13.920 --> 09:19.800]  the last second then they run for help and they say I need to file a complaint then they
[09:19.800 --> 09:28.400]  file a quiet title complaint or they file a TRO or they file any sort of complaint and
[09:28.400 --> 09:34.440]  then once they have this complaint everybody that they invited to that party MERS Wells
[09:34.440 --> 09:41.800]  Fargo Chase Bank of America countrywide they then try to kick them out well I don't want
[09:41.800 --> 09:46.160]  mercy because MERS has no standing I don't want Bank of America Bank of America didn't
[09:46.160 --> 09:52.360]  do anything so now you've invited everybody in and now you're kicking everybody out courts
[09:52.360 --> 10:00.040]  don't they don't like that no it's very confusing so what I've seen even with people that have
[10:00.040 --> 10:05.440]  gotten our chain of title analysis all right I had someone today said well I put it in
[10:05.440 --> 10:12.240]  court the judge just looked at it what did you do with it I put it in court what was
[10:12.240 --> 10:17.680]  the intent intention what do you mean put it in court did you include it as an exhibit
[10:17.680 --> 10:24.120]  to your pleadings or did you have it entered into the record as evidence well they thought
[10:24.120 --> 10:29.480]  it was going to grow legs and walk and talk by itself no it doesn't the problem is you
[10:29.480 --> 10:36.100]  got to teach it that there's a yeah there is a process for just because you put attachments
[10:36.100 --> 10:40.880]  or exhibits into your pleading does not mean that you have evidence on the record you have
[10:40.880 --> 10:47.360]  to enter your exhibits as evidence that means that the court has to accept them there's
[10:47.360 --> 10:51.200]  a process for going through that and I don't go through that right now we can we can do
[10:51.200 --> 10:56.760]  that right here later but there's a process just because you have just because you mentioned
[10:56.760 --> 11:01.440]  something in your pleading or that you have an attachment or an exhibit does not mean
[11:01.440 --> 11:09.120]  that you have evidence no what the investigation is in the chain title analysis it is an analysis
[11:09.120 --> 11:18.400]  to be used as an analysis and as an educational piece it is set in the groundwork all right
[11:18.400 --> 11:26.560]  for a declaratory judgment for a suit to quiet a cloud on title with the rescission of a
[11:26.560 --> 11:33.880]  deed with a with the rescission of an assignment of a deed of trust or the rescission of an
[11:33.880 --> 11:40.760]  assignment of a mortgage or the rescission of an assignment of a security deed that was
[11:40.760 --> 11:46.960]  ineligible to be recorded so you're attacking the assignments we are attacking that this
[11:46.960 --> 11:55.200]  document was ineligible to be recorded right because the whole purpose of the country quarters
[11:55.200 --> 12:02.000]  office is to memorialize transactions right so when you put a document such as an assignment
[12:02.000 --> 12:08.360]  of deed of trust with the county recorder's office what you are saying is I am claiming
[12:08.360 --> 12:19.080]  a superior claim to property all right I have a superior lien on your property okay so what
[12:19.080 --> 12:28.480]  you're telling me then is that this assignment deed of trust is to memorialize the transactions
[12:28.480 --> 12:34.520]  of the sale of a tangible promissory note and the acquisition of rights basically that's
[12:34.520 --> 12:40.440]  what they're saying so then what I have to do is say okay well my question is was it
[12:40.440 --> 12:47.920]  eligible to be recorded what is it that they're saying if you're claiming that a transaction
[12:47.920 --> 12:52.640]  is taking place well then my question is have we done it according to statutory requirements
[12:52.640 --> 13:01.600]  of law so let's take a look at what statutes govern negotiation transfer and delivery so
[13:01.600 --> 13:07.380]  depending what state you are in will depend on these statutes and laws that I will look
[13:07.380 --> 13:13.860]  at so to start with let's say if you're in California I'm going to go to California commercial
[13:13.860 --> 13:22.860]  code and I will look up seven five oh one negotiation transfer and delivery okay well
[13:22.860 --> 13:27.920]  what is required for a document to be negotiated transferred and delivered and we go through
[13:27.920 --> 13:35.420]  the steps did they follow these steps okay now it's we're all talking about the acquisition
[13:35.420 --> 13:39.320]  of rights and the reason we're talking about the acquisition of rights is because we're
[13:39.320 --> 13:47.600]  talking about title all right title is everything all right title is the union of all elements
[13:47.600 --> 13:55.240]  constituting the legal right to control and dispose of property title is the legal link
[13:55.240 --> 14:02.200]  between a person who owns property and the property itself title is the legal evidence
[14:02.200 --> 14:09.440]  of a person's ownership rights in the property title is the manner in which the right to
[14:09.440 --> 14:16.760]  real property is acquired the conditions necessary to acquire a valid claim to land title is
[14:16.760 --> 14:24.520]  a right itself the legal consequences of such conditions so because we're talking about
[14:24.520 --> 14:31.360]  title we're talking about rights there's only one statute that one can go to in order to
[14:31.360 --> 14:42.000]  acquire rights and that statute would be three dash two oh three rights acquired by transfer
[14:42.000 --> 14:46.880]  unless you're in state new york because they use the 1961 codified version of the uniform
[14:46.880 --> 14:54.280]  commercial code you would go to three dash two oh two so what the investigation is doing
[14:54.280 --> 15:00.560]  is we are setting all of this information in place and the reason it sets it in place
[15:00.560 --> 15:06.000]  is because the people that claim to know what they are doing putting this information together
[15:06.000 --> 15:16.320]  the truth is people they don't so we take all of the guesswork out we put it together
[15:16.320 --> 15:24.320]  in a concise chronological format what was to happen what did happen what did not happen
[15:24.320 --> 15:31.720]  how was this to be taken care of according to law and what effect did the not happen
[15:31.720 --> 15:41.680]  right have on the instruments right because when you claim a transaction has taken place
[15:41.680 --> 15:47.520]  you need to back it up otherwise it's just a hearsay claim so while you may have a color
[15:47.520 --> 15:57.860]  of title based on this document steve just because you file something that does not make
[15:57.860 --> 16:07.440]  it true you can tell me joe the sky is pink the sky is purple that does not make it so
[16:07.440 --> 16:14.440]  you need to back it up i was in justice court one day and this is going to be the the point
[16:14.440 --> 16:20.680]  of contact for most people with the court system that's going to be in your lower court where
[16:20.680 --> 16:26.480]  a forcible detainer a forcible entering detainer is filed i had a justice of the peace here
[16:26.480 --> 16:35.480]  in texas tell me one day that all i need is color of or colorable title to come to a decision
[16:35.480 --> 16:40.240]  they don't have to prove up absolute title they don't have to prove up a chain of title
[16:40.240 --> 16:45.560]  they have an assignment of a d to trust or substitute trust easy i hear the music in
[16:45.560 --> 16:49.440]  the background folks we're going to leave the phones off until we come back from a couple
[16:49.440 --> 16:54.440]  more breaks this is randy kelton steve skidmore joe esquivel we'll be right back after these
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[19:22.200 --> 19:31.400]  welcome back to rule of law friday night a four-hour marathon folks you're listening
[19:31.400 --> 19:39.000]  to joe esquivel who is going through some changes that have been made in the private
[19:39.000 --> 19:47.160]  investigation firm in which he works joe okay so we're talking about rights what we're doing
[19:47.160 --> 19:58.960]  is we are identifying the errors of the transactions that have been claimed so these transactions
[19:58.960 --> 20:05.400]  were an error of statutory requirements of law these transactions were not done in accordance
[20:05.400 --> 20:16.340]  with law so the acquiring of rights never happened there were no rights that were properly
[20:16.340 --> 20:22.640]  acquired according to law pursuant to what law pursuant to your state's equivalence of
[20:22.640 --> 20:30.880]  the uniform commercial code now for people that say joe the judges say that uniform commercial
[20:30.880 --> 20:37.560]  code does not apply we are not talking about federal people we are talking about your specific
[20:37.560 --> 20:43.720]  state's equivalence to the uniform commercial code yeah i've had people tell me well the
[20:43.720 --> 20:48.800]  judge told me that the ucc doesn't apply in that well well then why do you have a ucc
[20:48.800 --> 20:53.840]  why do why does your state have these statutes the whole point was that who is this lower
[20:53.840 --> 20:58.640]  level judge to say that law does not apply in my court it's not your court it's the people's
[20:58.640 --> 21:03.520]  court remember that what you have to understand steve is that there's so much bad case law
[21:03.520 --> 21:08.800]  yeah all right when all of these quiet title complaints are filed they're filed in a court
[21:08.800 --> 21:14.520]  of equity because a quiet title action is an equitable remedy it is an equitable right
[21:14.520 --> 21:21.480]  so what we're looking at is a declaratory judgment so we're asking that a determination
[21:21.480 --> 21:26.280]  why title is technically a declaratory judgment but you can get there without calling it quiet
[21:26.280 --> 21:32.560]  title a suit for quiet title or a suit to remove a cloud two different things correct
[21:32.560 --> 21:43.080]  so what we're looking at is a declaratory judgment to remove a cloud on title and we
[21:43.080 --> 21:49.960]  do that with the rescission of a document that's been filed into public record that
[21:49.960 --> 22:01.520]  was ineligible to be filed into public record because they have not done everything in accordance
[22:01.520 --> 22:08.480]  with law so we understand that the banks are claiming well i have an assignment of deed
[22:08.480 --> 22:13.780]  of trust all right now i have an assignment of deed of trust i'm going to file a substitution
[22:13.780 --> 22:20.920]  of trustee then once they do that then they file a notice of default with this new substitution
[22:20.920 --> 22:27.340]  of trustee beneficiary then once they file their notice of default election to sell then
[22:27.340 --> 22:33.640]  they file their notice of sale so we've got a lot of documents these that are built up
[22:33.640 --> 22:44.200]  off of this assignment of deed of trust so what we're looking at is to unwind these hearsay
[22:44.200 --> 22:53.240]  claims we want to unwind it and get a determination of the codes of the courts as to the status
[22:53.240 --> 23:01.960]  quo of the parties they want to come and play in the sandbox so before you have these players
[23:01.960 --> 23:05.840]  Steve come and play in your sandbox we want to see are they qualified to come play in
[23:05.840 --> 23:16.960]  the sandbox so when we talk about that you know have any determination of the courts
[23:16.960 --> 23:26.000]  of the status quo of the parties that want to play does bank of america qualify to play
[23:26.000 --> 23:38.160]  in your sandbox have they acquired any rights to title in accordance to law yes or no if
[23:38.160 --> 23:46.940]  we can show that they have not that is what we are looking to do so whether it is an assignment
[23:46.940 --> 23:56.520]  of mortgage whether it is an assignment of deed of trust rescinding this document we're
[23:56.520 --> 24:05.200]  asking the courts to void this assignment to render it a nullity to remove the encumbrance
[24:05.200 --> 24:12.560]  of the lien that's been placed on the property through this document so once we get that
[24:12.560 --> 24:18.080]  done Steve all right we're going to get in order from the court to remove the assignment
[24:18.080 --> 24:25.440]  to render this lien void at my mic down first thing that's going to do is knock your opponent
[24:25.440 --> 24:33.880]  out of the ring correct so what everyone has to understand is that before you can do anything
[24:33.880 --> 24:41.320]  you need to get a chain of title analysis and an investigation you need to get all of
[24:41.320 --> 24:48.560]  the arguments you need to have all of this information accumulated then it's put into
[24:48.560 --> 24:55.800]  the proper format the proper arguments so now when you have this document and you're
[24:55.800 --> 25:02.800]  going forth everything is already predefined who are the parties that want to play in your
[25:02.800 --> 25:12.600]  playground who are the parties that are entitled to take part in any future actions now if
[25:12.600 --> 25:19.360]  you kick them out through that order after I would file that order to public record I
[25:19.360 --> 25:28.080]  could then take that judgment signed from the courts the order and now go file it into
[25:28.080 --> 25:35.360]  a ongoing complaint I could file it in either an injunctive relief complaint I could put
[25:35.360 --> 25:43.400]  it into a TRO I can put it into a quiet title all right so now we've set the groundwork
[25:43.400 --> 25:49.200]  for who can come and play in any future parties now let me just break in here for just a second
[25:49.200 --> 25:58.600]  go for it once you get what or once somebody gets a competent analysis from a licensed
[25:58.600 --> 26:05.360]  bonded private investigator when you file that into the public land records you get
[26:05.360 --> 26:14.680]  a certified copy of what has been filed that becomes self authenticating that's a very
[26:14.680 --> 26:20.360]  key very important part in this in this game we're playing here and I hate to call it game
[26:20.360 --> 26:31.520]  but for lack of better vernacular a self authenticating document is admissible evidence the court
[26:31.520 --> 26:36.940]  cannot deny it because it has not been challenged it's in the public record they brought in
[26:36.940 --> 26:41.400]  a deed of trust it's in the public record they brought in a substitute trustees deed
[26:41.400 --> 26:46.720]  that's in the public record now you because it's in the public record it's self authenticating
[26:46.720 --> 26:51.920]  why do you think it's so easy for these foreclosure mill attorneys to get this stuff filed in
[26:51.920 --> 26:56.440]  the record of evidence in a specific case it's because it's self authenticating it's
[26:56.440 --> 27:01.000]  in the public record do the same thing with your analysis and you've got the same power
[27:01.000 --> 27:08.680]  that the other side has so now when we have this action what people have to understand
[27:08.680 --> 27:16.960]  Steve is that this declaratory judgment is in a court of law it's not in a court of equity
[27:16.960 --> 27:23.080]  this has nothing to do with foreclosure because foreclosure all right is nothing more than
[27:23.080 --> 27:30.680]  an alternative means to collect a debt correct and is also listed under FDCPA yes it's a
[27:30.680 --> 27:39.440]  collection correct so i laugh when i hear the people i hear many of these attorneys saying
[27:39.440 --> 27:45.720]  oh my god all that homeowner wants is a free house no such thing no there is no such thing
[27:45.720 --> 27:51.280]  because what they're not saying is well there is no loss of a free house there's only the
[27:51.280 --> 28:00.400]  loss of an alternative means of collection that one had never properly had they have
[28:00.400 --> 28:08.880]  never acquired the rights to collect on this alternative means of collection using a security
[28:08.880 --> 28:19.540]  instrument so when you look at what does one acquire how do they acquire it if it is not
[28:19.540 --> 28:25.840]  done in accordance with law they've acquired nothing they have acquired nothing yes MERS
[28:25.840 --> 28:34.160]  can do an assignment what did MERS assign MERS can assign a deed of trust MERS can do
[28:34.160 --> 28:41.380]  an assignment of mortgage but you need to ask yourself what was it that MERS assigned
[28:41.380 --> 28:52.480]  they could do an assignment of deed of trust a bet no conditions for collection
[28:52.480 --> 28:57.040]  because one of the things that you look at is where's agent principle relationship in
[28:57.040 --> 29:02.900]  all of this when you look at those notes with incomplete stamping steve where it says pay
[29:02.900 --> 29:09.960]  to the order of with an as of yet unnamed payee oh this is bearer paper okay well if
[29:09.960 --> 29:17.120]  it's bearer paper well then it's lack of agent principle relationship yeah how can you and
[29:17.120 --> 29:24.160]  we went over that last week how can somebody be an agent for an unnamed payee and we're
[29:24.160 --> 29:31.080]  talking about the copy of the note as it exists today not the copy that that you signed on
[29:31.080 --> 29:36.200]  the day of closing but the one as it exists today and i hear the music in the background
[29:36.200 --> 29:41.880]  again but we'll get a little deeper into this little deeper down this rabbit hole on the
[29:41.880 --> 29:48.120]  other side of this break folks we'll open the phones probably after the next break yeah
[29:48.120 --> 29:52.720]  next break we'll open okay next break we'll open the phones i'll wait till then to give
[29:52.720 --> 30:03.000]  the number we'll be right back after these messages folks stay tuned for the first time
[30:03.000 --> 30:08.240]  in a thousand years an ancient british university has changed its dress code in a very bizarre
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[32:59.120 --> 33:20.120]  deserve you're listening to the logos radio network at logos radio network dot com welcome
[33:20.120 --> 33:26.120]  back to rule of law radio folks need to say something real quick about our sponsors our
[33:26.120 --> 33:32.800]  sponsors are very important to us our sponsors are what keep Randy Kelton Debra Stevens Eddie
[33:32.800 --> 33:38.960]  Craig Joe Esquivel Steve Skidmore and many many many other broadcasters on logos radio
[33:38.960 --> 33:45.520]  on the air for your benefit we don't do this because we like the sound of our own voice
[33:45.520 --> 33:51.760]  we do this because there's there's no doubt that this nation is in trouble we're in deep
[33:51.760 --> 33:58.020]  donkey biscuits and if we ever expect to dig our way out we're going to need knowledge
[33:58.020 --> 34:03.360]  and that's what we all strive to do here on on logos radio and rule of law radio is bring
[34:03.360 --> 34:09.560]  to the airwaves knowledge that is pretty well hidden for the most part from from the average
[34:09.560 --> 34:16.320]  Joe and what helps keeps us keep us all on air are our sponsors so I would highly encourage
[34:16.320 --> 34:21.720]  everybody to go to rule of law radio or logos radio and take care of our sponsors there
[34:21.720 --> 34:27.040]  are all kinds of good things on here if you're if you're going to go bear back that is pro
[34:27.040 --> 34:34.000]  se pro per and to get back down to lay terms if you're going to go into court without an
[34:34.000 --> 34:42.920]  attorney by your side one indispensable tool that you really owe it to yourself to have
[34:42.920 --> 34:51.600]  in your arsenal is jurisdictionary jurisdictionary is like a lawyer in a can I've made the analogy
[34:51.600 --> 34:58.320]  that if you know if you're going to have a tool which is what jurisdictionary is which
[34:58.320 --> 35:04.500]  if you're going in with a lawyer your lawyer is a tool and if you don't know how to use
[35:04.500 --> 35:10.520]  that tool you're liable to hurt yourself or that tool will hurt you you've got to know
[35:10.520 --> 35:16.560]  how that tool operates you've got to know where where the where to put fuel into it
[35:16.560 --> 35:21.760]  you've got to know how to start it you've got to know how to turn it you've got to figure
[35:21.760 --> 35:28.300]  out what you're doing and jurisdictionary is I've got the course myself jurisdictionary
[35:28.300 --> 35:35.520]  is one indispensable very reliable tool that's put together by a jurist doctorate named Frederick
[35:35.520 --> 35:41.960]  Graves in Florida he was a practicing attorney I believe he's retired but Dr. Graves has
[35:41.960 --> 35:52.400]  put together the best in my opinion the probably the only pro se self-help package jurisdictionary
[35:52.400 --> 36:00.240]  is a must to have if you're concerned about your health tangy tangerine very very good
[36:00.240 --> 36:06.560]  product don't know enough about it to go way into it but speaking of way there's one world
[36:06.560 --> 36:15.960]  way gold and silver trading if you've got problems with a debt collector Mike Maris
[36:15.960 --> 36:24.100]  Mike Maris has fought I believe to date six cases and won all six cases fighting debt
[36:24.100 --> 36:30.120]  collectors in court a noble lie that's the truth behind the Oklahoma City bombing in
[36:30.120 --> 36:39.860]  1999 folks this is must have information and Jerry Jerry Stevens piano service I found
[36:39.860 --> 36:45.280]  an old piano for my mother-in-law had Jerry come and tune it this thing had all kinds
[36:45.280 --> 36:52.960]  of toys and Legos and paper cups and all kinds of stuff stuff down in it from years of neglect
[36:52.960 --> 37:02.560]  this thing plays like a new Steinway but enough about that please go go take care of our sponsors
[37:02.560 --> 37:09.160]  because our sponsors take care of us and we try to take care of you back to Joe Esquivel
[37:09.160 --> 37:16.720]  okay thanks you Steve very much again can't emphasize we need to take care of our sponsors
[37:16.720 --> 37:24.120]  they're taking care of the radio show we need to get back and discuss what it is that we're
[37:24.120 --> 37:31.480]  talking about we're talking about a declaratory judgment this is not we're not talking about
[37:31.480 --> 37:38.560]  where babies come from no this has nothing to do with foreclosure at all this is the
[37:38.560 --> 37:48.360]  standalone action in a court of law not a court of equity so before we do anything we
[37:48.360 --> 37:58.340]  need to identify where are the errors so you're not talking about a suit for quiet title no
[37:58.340 --> 38:04.440]  a suit for all of the Tila and rest of stuff that they did in the beginning you're not
[38:04.440 --> 38:10.360]  talking about anything but a declaratory judgment that's all you want you're in and in a declaratory
[38:10.360 --> 38:15.200]  judgment you're not asking for money damages you're not asking for anything other than
[38:15.200 --> 38:22.640]  a determination of the courts correct as to the status quo of claim parties that are claiming
[38:22.640 --> 38:28.560]  a superior claim to your real property a suit for monetary damages would come later after
[38:28.560 --> 38:34.520]  you get your everything would come later in my opinion everything all right so in order
[38:34.520 --> 38:44.560]  for you to get this declaratory judgment you need to identify with specificity and particularity
[38:44.560 --> 38:55.120]  the parties the statutes the arguments and that's what the chain of title analysis does
[38:55.120 --> 39:02.520]  right because if you go ahead and go quiet file a quiet title action what I've seen in
[39:02.520 --> 39:08.680]  a large number of them Steve the minute that they're filed all right they're remanded to
[39:08.680 --> 39:16.480]  federal court based on diversity in the threshold dollar amount and then there's a motion to
[39:16.480 --> 39:25.240]  dismiss filed and you get a 12b6 ruling yep failure state of cause failure state of claim
[39:25.240 --> 39:31.860]  upon which relief can be granted I cannot tell you how many suits I have seen filed
[39:31.860 --> 39:37.760]  in state courts that are removed to the Fed nearly every time it's because these foreclosure
[39:37.760 --> 39:46.080]  mill attorneys know they're going to get a 12b6 you've geared your pleading for the state
[39:46.080 --> 39:54.560]  court but they remove it to the Fed now you have no federal issues you failed to state
[39:54.560 --> 39:58.440]  of claim upon which relief can be granted now you've got to have a pleading that they
[39:58.440 --> 40:09.680]  cannot remove to the Fed correct so what we're looking at is a separate action we just want
[40:09.680 --> 40:13.560]  a determination of the courts that's it you're like sneaking through the back door saying
[40:13.560 --> 40:19.360]  hey judge what do you think about this well that's exactly it because see once I get this
[40:19.360 --> 40:28.280]  determination up to the courts all right now what other tools we have at our disposal collateral
[40:28.280 --> 40:36.000]  estoppel russ judicata well yeah yeah after the fact you'll have after the fact you will
[40:36.000 --> 40:43.200]  have residue to cut it you will have law established in your case correct the collateral estoppel
[40:43.200 --> 40:51.480]  yep well collateral collateral estoppel would be the fact that the documents upon which
[40:51.480 --> 40:56.120]  another party would base their claims are null and void that's where your declaratory
[40:56.120 --> 41:02.160]  judgment comes in once you've got declaratory judge let's understand what res judicata is
[41:02.160 --> 41:10.040]  res judicata is not case law case law or prior cases that have that had nothing to do with
[41:10.040 --> 41:19.280]  your case res judicata is law that is established specifically in your case now when you get
[41:19.280 --> 41:28.840]  a declaratory judgment using Joe's affidavit now you have res judicata because it's your
[41:28.840 --> 41:36.080]  case it is law established in your case you've got a judgment you've got a judgment from
[41:36.080 --> 41:44.200]  the court declaring that the substitute trustees deed is void the deed of trust is void the
[41:44.200 --> 41:48.320]  notes not worth the paper it's written on well we're not we're not saying that the deed
[41:48.320 --> 41:55.480]  of trust is void we're saying that the assignment that was recorded is void okay and any documents
[41:55.480 --> 42:01.640]  filed after the assignment are is void now what if there were no assignments many many
[42:01.640 --> 42:07.720]  many cases there are no assignments on public record correct however there's still statutory
[42:07.720 --> 42:20.800]  requirements of law that must be met so again this is something that's very very important
[42:20.800 --> 42:30.120]  so we need to understand exactly what it is that the people are saying because the affidavit
[42:30.120 --> 42:39.240]  of fact that we're using in conjunction with this chain of title analysis is an affidavit
[42:39.240 --> 42:46.680]  of fact it is to be used as an affidavit of fact the chain of title analysis is not an
[42:46.680 --> 42:58.840]  affidavit of fact does that make sense steve yes okay because i've been seeing that many
[42:58.840 --> 43:07.040]  people out there are a little confused as to what an affidavit of fact is so an affidavit
[43:07.040 --> 43:14.000]  of fact is stating i have looked at these documents here is what i have seen you as
[43:14.000 --> 43:21.000]  a private investigator i as a private license investigator i have looked at a true at a
[43:21.000 --> 43:26.920]  purported true and correct copy of a tangible promissory note pertaining to steve skidmore
[43:26.920 --> 43:33.080]  here is what i saw on the note i have looked at a true and purported copy of a deed of
[43:33.080 --> 43:41.160]  trust filed into county record here is what i saw filed into county record i hear the
[43:41.160 --> 43:45.560]  music yep we're going to take it out at that point folks we're going to go ahead and turn
[43:45.560 --> 43:52.080]  the phone uh turn the phones on so if you'd like to call in 512-646-1984 is the number
[43:52.080 --> 43:58.520]  to dial to get that done uh i see we've got mike in missouri and james in texas and we'll
[43:58.520 --> 44:06.840]  be right back hello my name is steward smith from naturespureorganics.com and i would like
[44:06.840 --> 44:12.360]  to invite you to come by our store at 1904 guadalupe street sweet d here in austin texas
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[44:43.080 --> 45:01.280]  don't forget to like us on facebook for information on events and our products naturespureorganics.com
[45:01.280 --> 45:07.600]  are you the plaintiff or defendant in a lawsuit win your case without an attorney with jurisdictionary
[45:07.600 --> 45:14.360]  the affordable easy to understand for cd course that will show you how in 24 hours step by
[45:14.360 --> 45:20.800]  step if you have a lawyer know what your lawyer should be doing if you don't have a lawyer
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[45:26.320 --> 45:32.840]  now you can too jurisdictionary was created by a licensed attorney with 22 years of case
[45:32.840 --> 45:38.320]  winning experience even if you're not in a lawsuit you can learn what everyone should
[45:38.320 --> 45:44.080]  understand about the principles and practices that control our american courts you'll receive
[45:44.080 --> 45:51.600]  our audio classroom video seminar tutorials forms for civil cases pro se tactics and much
[45:51.600 --> 46:14.960]  more please visit ruleoflawradio.com and click on the banner or call toll-free 866-LAW-EZ
[46:14.960 --> 46:43.960]  as jerry stevensbecker in the background singing i like that welcome back to rule of law radio
[46:43.960 --> 46:52.080]  folks see we've got some callers joe you ready to take some calls let's go okay let's go
[46:52.080 --> 47:03.240]  talk to james in texas hello james what's on your mind good evening good evening james
[47:03.240 --> 47:09.680]  well for one thing you went off air at about 8 33 in the middle of the talking are we back
[47:09.680 --> 47:17.560]  on i don't know yeah yeah that that's what we call falling off the cliff and we spent
[47:17.560 --> 47:27.160]  the whole break laughing at steve for falling off the cliff we do that on occasion we have
[47:27.160 --> 47:32.240]  a clock here that counts us down but sometimes when we're talking we don't see it and there's
[47:32.240 --> 47:37.260]  bumper music that comes on but no he's he's he's saying we went off air before we ever
[47:37.260 --> 47:42.840]  went to break hopefully we'll hopefully what about you you were still talking when we went
[47:42.840 --> 47:50.720]  off the air oh wait a minute no no we got dead air before we went to break yes i i said
[47:50.720 --> 48:01.580]  you went off air at 8 33 oh deborah's gonna beat us half to death for that 8 30 everybody
[48:01.580 --> 48:14.680]  hide we should have to 8 33 that's uh at the end of break 8 30 is when the break comes
[48:14.680 --> 48:22.000]  so at 8 33 we should have either we went off went to break late i don't know we'll we'll
[48:22.000 --> 48:26.840]  have deborah check it on we'll get that sorted out james what's on your mind tonight besides
[48:26.840 --> 48:32.560]  us not being on air listen to joe is what a lot of people don't understand is why you
[48:32.560 --> 48:38.960]  need all this consolidated information from somebody that is a professional is you you've
[48:38.960 --> 48:46.320]  got to take an account you're opposing attorneys and all of those people have spent thousands
[48:46.320 --> 48:51.760]  of hours and decades of getting the laws and everything the way they want and if you think
[48:51.760 --> 48:57.440]  you're going to pull this together in a few thousand hours by yourself but get it it ain't
[48:57.440 --> 49:02.360]  going to happen because there's too much to pull together from too many different areas
[49:02.360 --> 49:12.440]  you need help and you need it fast good i like that you're 100 correct in what you're
[49:12.440 --> 49:21.640]  saying james i cannot disagree the randy said this a lot of times you're not going to win
[49:21.640 --> 49:25.800]  because you have the facts and the law on your side you'll have the politics on your
[49:25.800 --> 49:34.480]  side we're what joe's been talking about from the beginning of this show is going around
[49:34.480 --> 49:41.080]  the politics going around all of the the convoluted arguments and all of the show me the notes
[49:41.080 --> 49:45.200]  stuff and and all of the common arguments that have been brought to the court those
[49:45.200 --> 49:50.000]  have already been shot down to a great degree though homeowners are still having getting
[49:50.000 --> 49:56.400]  some traction in court it's getting less and less and less agreed and that's why we're
[49:56.400 --> 50:05.120]  looking that before you can do anything we need to identify the errors we need then to
[50:05.120 --> 50:11.600]  have an affidavit of fact stating the facts exactly you fight fire with fire if you're
[50:11.600 --> 50:19.040]  going in against seasoned professionals expect to have an uphill battle you need to have
[50:19.040 --> 50:27.600]  seasoned professionals behind you if you expect even a chance of winning this correct so the
[50:27.600 --> 50:35.440]  affidavit of fact is an affidavit of fact so once we have all the groundwork in place
[50:35.440 --> 50:45.200]  as to having a declaratory judgment using the merits of legal theory as to what was
[50:45.200 --> 50:51.520]  to have taken place between these transactions and we're asking the courts did this take
[50:51.520 --> 51:01.560]  place yes or no if not making determination as to the status of these parties that are
[51:01.560 --> 51:07.040]  making a claim to a superior that is superior to yours well you're talking about simple
[51:07.040 --> 51:13.960]  facts let's let's define the difference between facts and opinion you can have a fact joe
[51:13.960 --> 51:26.840]  esquivel found that there was no named payee on the payee line of skidmore note correct
[51:26.840 --> 51:35.680]  okay where you might go off the deep end is offering opinion about that in my opinion
[51:35.680 --> 51:40.240]  that's against the law whoa wait a minute wait a minute that is no longer an affidavit
[51:40.240 --> 51:47.920]  of fact you put your opinion in there now you can offer opinion joe because you are
[51:47.920 --> 51:54.840]  a licensed bonded private investigator with knowledge in this area therefore you qualify
[51:54.840 --> 52:01.900]  as an expert witness when you're on the stand that's where you bring your opinion in but
[52:01.900 --> 52:07.480]  you don't bring your opinion into an affidavit of facts because then it becomes an affidavit
[52:07.480 --> 52:13.960]  of facts and the opinions of joe esquivel that's not an opinion that's not an affidavit
[52:13.960 --> 52:19.440]  of facts what you do is you keep it strictly to the facts period and you do not put your
[52:19.440 --> 52:25.400]  opinion in there you let the court come to its opinion or let the attorneys come to the
[52:25.400 --> 52:31.320]  opinion or if you take the stand you can give your opinion now let's talk about very briefly
[52:31.320 --> 52:35.760]  about the difference in witnesses you can have there are basically two different types
[52:35.760 --> 52:43.760]  of witnesses there is a competent fact witness and an expert witness what is the difference
[52:43.760 --> 52:48.560]  between the two the competent fact witness is the guy that was standing on the corner
[52:48.560 --> 52:54.360]  and he saw the little blue car run the red light and hit the red car standing on the
[52:54.360 --> 53:02.180]  corner he was a witness to those facts he's not offering his opinion now joe was standing
[53:02.180 --> 53:10.440]  on the corner and he saw the red car try to apply his brakes he heard a squeak with say
[53:10.440 --> 53:17.640]  joe's a mechanic he heard a squeak that means that the brakes were failing now he's offering
[53:17.640 --> 53:26.800]  his opinion he can do that as an expert witness an expert witness is not necessarily a competent
[53:26.800 --> 53:35.520]  fact witness but as where a competent fact witness cannot offer opinion an expert witness
[53:35.520 --> 53:43.480]  can but he can only do that on the stand and what happens every time you show up at court
[53:43.480 --> 53:50.520]  joe with badge on your hip they don't like me thank you do they want you on the stand
[53:50.520 --> 53:56.260]  they'd rather me not go there they'd rather you not be anywhere in the building yes so
[53:56.260 --> 54:02.440]  but we need that affidavit of fact because that affidavit of fact backs up the chain
[54:02.440 --> 54:15.440]  and title analysis and that analysis and investigation lays the groundwork for all future actions
[54:15.440 --> 54:24.800]  that groundwork lays everything in place for the declaratory judgment because without that
[54:24.800 --> 54:30.840]  declaratory judgment you're going to let everybody complain your ballpark and then you're going
[54:30.840 --> 54:35.360]  to try and throw them out and they're not going to go out and said they're going to
[54:35.360 --> 54:44.000]  try to throw you out of the park and i've seen that happen time and time again what
[54:44.000 --> 54:52.000]  the parties think they are doing when they file a quiet title complaint and what the
[54:52.000 --> 54:57.560]  homeowners actually doing are two different things many times they're setting themselves
[54:57.560 --> 55:03.960]  up to fail yes i've seen that plenty of times they don't have a correct understanding as
[55:03.960 --> 55:14.020]  to the facts and not only the facts but a lot of times they're just hearsay claims well
[55:14.020 --> 55:18.520]  i was told i was supposed to invite everybody and their mother to this quiet title party
[55:18.520 --> 55:24.000]  and then kick them out as soon as and then kick them out we're going to make a judge
[55:24.000 --> 55:31.220]  mad doing and the problem is that these people hate getting kicked out and they fight to stay
[55:31.220 --> 55:35.840]  in there what do they do steve they want to kick you out yeah i'm going to file a motion
[55:35.840 --> 55:42.880]  to dismiss or a summary judgment summary judgment you know what this is a frivolous lawsuit
[55:42.880 --> 55:52.520]  motion to dismiss remove to the fed 12b6 correct or rule 56 mm-hmm rule 57 summary judgment
[55:52.520 --> 55:56.480]  oh they've got a sachet full of stuff to get you out of court that's what those rules are
[55:56.480 --> 56:08.200]  for because the courts do not want to have a blockade a plethora of frivolous filings
[56:08.200 --> 56:15.880]  the courts want to just adjudicate these as quick as possible rocket dockets and if they
[56:15.880 --> 56:24.640]  can adjudicate these simply on the merits that are presented in front of them they will
[56:24.640 --> 56:30.880]  well this goes to the to the judicial economy if you get in there tag your opponent and
[56:30.880 --> 56:37.280]  get out the judge is happy but when you drag things out like i have for five years judges
[56:37.280 --> 56:46.280]  are not too happy i can i am firsthand i can give you firsthand testimony to that i agree
[56:46.280 --> 56:53.000]  with you james you got anything else on your mind well the only other thing is uh you know
[56:53.000 --> 57:00.040]  a lot of people say it's politics well it's more than politics it's money and power at
[57:00.040 --> 57:07.720]  play so if you've got money and power you're going to buy every elected official it's not
[57:07.720 --> 57:13.360]  political if you can get to the money and to the power that's controlling that money
[57:13.360 --> 57:20.280]  you can control politics it's not politics like a lot of people think it is if you go
[57:20.280 --> 57:27.840]  back to what is that uh family that started over in europe amstel whatever his name says
[57:27.840 --> 57:35.640]  he doesn't care who runs the country as long as he can control the money my ramshall bauer
[57:35.640 --> 57:41.840]  give me the control of the issue of a nation's currency and i care not who makes its laws
[57:41.840 --> 57:48.600]  right it's not politics it's not political it's money and power and it's the other thing
[57:48.600 --> 57:58.080]  is it gets me is is if you look at and all these uh massive uh hey hey james hold that
[57:58.080 --> 58:02.360]  thought right there we got music in the background we got the top of the hour break coming up
[58:02.360 --> 58:09.680]  folks we're going to be back with james in texas and randy and joe and myself we'll all
[58:09.680 --> 58:14.120]  be back after this break and since we're going into the top of the hour break this would
[58:14.120 --> 58:18.840]  be a real good time to go by and take care of our sponsors we depend on our sponsors
[58:18.840 --> 58:26.120]  and we depend on you to take care of them so uh i'm i cut out of this way too early
[58:26.120 --> 58:32.200]  i wanted to make sure that i wasn't going to fall off the cliff this time but uh james
[58:32.200 --> 58:37.080]  stay there we've also got uh mike in missouri and we'll get to everybody on the way back
[58:37.080 --> 58:41.200]  five one two six four six nineteen eighty four is the numbered dial if you'd like to
[58:41.200 --> 58:45.320]  join us in conversation ask us questions give us your comments you're listening to rule
[58:45.320 --> 58:50.880]  of law radio on this beautiful friday night stay tuned we'll be right back would you like
[58:50.880 --> 58:56.280]  to make more definite progress in your walk with god bibles for america is offering a
[58:56.280 --> 59:01.840]  free study bible and a set of free christian books that can really help the new testament
[59:01.840 --> 59:07.020]  recovery version is one of the most comprehensive study bibles available today it's an accurate
[59:07.020 --> 59:11.840]  translation and it contains thousands of footnotes that will help you to know god and to know
[59:11.840 --> 59:17.740]  the meaning of life the free books are a three volume set called basic elements of the christian
[59:17.740 --> 59:22.840]  life chapter by chapter basic elements of the christian life clearly presents god's
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[59:28.920 --> 59:35.480]  new testament recovery version and basic elements of the christian life call bibles for america
[59:35.480 --> 59:42.080]  toll free at eight eight eight five five one zero one zero two that's eight eight eight
[59:42.080 --> 59:53.880]  five five one zero one zero two or visit us online at bfa.org live free speech radio logos
[59:53.880 --> 01:00:06.560]  radio network.com this is the liberty beat your daily source for liberty news and activist
[01:00:06.560 --> 01:00:11.600]  updates online at the liberty beat.com i'm brian hagen with your liberty beat for friday
[01:00:11.600 --> 01:00:16.800]  june 6 2014 gold opens today at one thousand two hundred fifty three dollars silver open
[01:00:16.800 --> 01:00:22.320]  at 1906 bitcoin is trading at 658 dollars support for liberty beat comes from voice
[01:00:22.320 --> 01:00:27.880]  and exit maximizing human flourishing through radical innovation tickets on sale now get
[01:00:27.880 --> 01:00:32.880]  ten percent off with promo code freedom june 21st at austin music hall get yours at voice
[01:00:32.880 --> 01:00:38.480]  and exit dot com support also comes from accountable authority now offering a public database of
[01:00:38.480 --> 01:00:45.360]  police abuse and misconduct online accountable authority dot com in the news the los angeles
[01:00:45.360 --> 01:00:49.560]  police department acquired two drones this week enabling them to move closer towards
[01:00:49.560 --> 01:00:55.040]  using drones for manhunts standoffs and other tactical events the drones were given to la
[01:00:55.040 --> 01:00:59.280]  pd free of charge from the seattle police department each remote controlled copter is
[01:00:59.280 --> 01:01:04.360]  about three feet in width has three rotors and is equipped to carry a video camera cbs
[01:01:04.360 --> 01:01:10.520]  reports the faa must grant the la pd with a certificate to use the drone the application
[01:01:10.520 --> 01:01:19.880]  process is still in the preliminary stages a 14 year old female san marco student confided
[01:01:19.880 --> 01:01:24.760]  in her parents and she was asked how far she was willing to go sexually during a sex education
[01:01:24.760 --> 01:01:29.560]  lesson woodland park middle school reportedly asked students to stand under signs labeled
[01:01:29.560 --> 01:01:34.440]  smile that hugged kissed above the waist below the waist and all the way that's according
[01:01:34.440 --> 01:01:39.600]  to a report from ten news school officials defended the dating lesson saying the goal
[01:01:39.600 --> 01:01:44.520]  was to discuss what is appropriate for dating at the middle school level students felt embarrassed
[01:01:44.520 --> 01:01:49.040]  because they thought the teacher wanted to know how far each would go sexually the school's
[01:01:49.040 --> 01:01:56.320]  principal says the lesson has been in use for several years now pakistani officials
[01:01:56.320 --> 01:02:01.160]  are calling cia drone strikes illegal and a criminal act that needs to be investigated
[01:02:01.160 --> 01:02:05.560]  on thursday a pakistani court ordered police to investigate murder allegations against
[01:02:05.560 --> 01:02:10.960]  senior cia officer jonathan banks human rights campaigners say the move opens up the doorway
[01:02:10.960 --> 01:02:15.960]  for other cases to be brought against the u.s. reports show more than 60 percent of
[01:02:15.960 --> 01:02:19.720]  drone strikes target private homes in the middle of the night often killing innocent
[01:02:19.720 --> 01:02:24.440]  families in their sleep on wednesday night a u.s. drone strike killed three men in yemen
[01:02:24.440 --> 01:02:29.320]  support for liberty comes from my magic mud all natural teeth whitener go to my magic
[01:02:29.320 --> 01:02:34.940]  mud.com to hear a short interview with dr griffin cole that's my magic mud.com and support
[01:02:34.940 --> 01:02:40.080]  comes from brave new books now offering pro pure water filtration the only gravity driven
[01:02:40.080 --> 01:02:45.280]  all in one fluoride removal system that also alkalizes the water find them in austin 1904
[01:02:45.280 --> 01:02:51.200]  guadalupe street or online brave new bookstore dot com this is the liberty beat for friday
[01:02:51.200 --> 01:03:05.560]  june 6 2014 check out the website at the liberty beat dot com.
[01:03:05.560 --> 01:03:19.560]  it's all according to the will of the almighty i read his book and it says it cares not for
[01:03:19.560 --> 01:03:31.840]  these warm hunters come by that time of riley i won't pay for the war with my fight ain't
[01:03:31.840 --> 01:03:32.840]  gonna pay for the war with my fight.
[01:03:32.840 --> 01:03:37.720]  all right folks you're listening to little law radio and i've got a brief announcement
[01:03:37.720 --> 01:03:48.240]  to make uh joe esquivel and myself are going to be doing our own show beginning i believe
[01:03:48.240 --> 01:03:53.680]  monday two weeks two weeks two weeks about two weeks out yeah we're gonna accompany you
[01:03:53.680 --> 01:03:59.120]  on the way home from five o'clock to six o'clock it's gonna know it's gonna be in the morning
[01:03:59.120 --> 01:04:08.240]  oh is it yeah it changed and you didn't tell me telling you now tell me now on live radio
[01:04:08.240 --> 01:04:12.400]  it's gonna be in the morning okay it's gonna be on the drive to work i believe around eight
[01:04:12.400 --> 01:04:18.480]  o'clock ah okay even better and we'll have more information for you'll give me something
[01:04:18.480 --> 01:04:24.920]  to do on i-35 the hour that i spend going 20 miles from here to where i work of course
[01:04:24.920 --> 01:04:31.760]  no i won't be doing it from the cell phone on the middle of i-35 folks but uh we will
[01:04:31.760 --> 01:04:37.360]  be getting our own show um i would like to say for the record that we are parting on
[01:04:37.360 --> 01:04:43.880]  good terms a lot of people like to to ask questions well what's going on nothing's going
[01:04:43.880 --> 01:04:52.520]  on now we're going to specialize in strictly foreclosure issues strictly strictly it's
[01:04:52.520 --> 01:05:00.160]  going to be for an hour and we're just going to go for it yeah we're just going to go for
[01:05:00.160 --> 01:05:08.720]  it so speaking of going for what we were talking about was quiet title and one of the things
[01:05:08.720 --> 01:05:13.560]  that people need to understand is that hang on hang on let's let's go ahead and let james
[01:05:13.560 --> 01:05:18.960]  wrap up oh i apologize that's okay that's okay we're we're winging it here so welcome
[01:05:18.960 --> 01:05:25.280]  to live radio uh james i do apologize for that break well i can't apologize for the
[01:05:25.280 --> 01:05:32.560]  break it is what it is um you were saying on the way out back if i remember what i was
[01:05:32.560 --> 01:05:40.720]  saying but i'll say this bring it under law get it to law go read your higher level courts
[01:05:40.720 --> 01:05:46.960]  they'll tell you what usually what everybody did wrong if you will just read it in the
[01:05:46.960 --> 01:05:53.280]  negative and if you think you're going to have time to understand this you're not you're
[01:05:53.280 --> 01:05:59.800]  going to need help my friends you're all going to need help it's like there's an old saying
[01:05:59.800 --> 01:06:06.800]  under god we trust all others cash that's how much power is it played when you're looking
[01:06:06.800 --> 01:06:12.640]  at another hundred trillion in the secondary market the one question it gets me is how
[01:06:12.640 --> 01:06:20.600]  are these banks extending letters of credit for these trillion dollar fifty billion dollar
[01:06:20.600 --> 01:06:27.840]  uh murders over and over and over it just gets it it's all commercial paper it's not
[01:06:27.840 --> 01:06:34.120]  money it's all commercial paper you're getting into tier one capital arguments you're you're
[01:06:34.120 --> 01:06:39.720]  talking about economics at a global level people that's what you're really fighting
[01:06:39.720 --> 01:06:45.920]  a slow level of debtors that are elected with political money and so forth they just want
[01:06:45.920 --> 01:06:49.880]  their paycheck they want to get elected again because they don't want to be labeled a dead
[01:06:49.880 --> 01:06:54.200]  feet living under some bridge they're going to do whatever it takes to stay in office
[01:06:54.200 --> 01:07:04.480]  and it's and it's it's got to take an account that like i think i said it's these attorneys
[01:07:04.480 --> 01:07:10.400]  for the banks have spent decades and it's not just a handful of attorneys it could be
[01:07:10.400 --> 01:07:16.120]  thousands of attorneys that have affected every state in the united states and every
[01:07:16.120 --> 01:07:21.480]  country in the world to make sure they have the laws where they want them so that the
[01:07:21.480 --> 01:07:30.200]  people get screwed they don't care it's about power and money and uh i'm going to argue
[01:07:30.200 --> 01:07:37.760]  with that i'm going to quit talking or let mike let mike take over from here okay james
[01:07:37.760 --> 01:07:44.600]  thanks you very thank you very much for calling in thank you james so uh randy did you want
[01:07:44.600 --> 01:07:47.880]  to say something
[01:07:47.880 --> 01:07:53.080]  he's swimming he's swimming he's swimming he's at the beach oh yeah he's in california
[01:07:53.080 --> 01:08:04.200]  so let's get back for a second back to why is there not going to be able to have a let
[01:08:04.200 --> 01:08:14.520]  me rephrase that you are not going to get an equitable determination from the courts
[01:08:14.520 --> 01:08:22.680]  for relief if there is another party with an enforceable equitable claim on your real
[01:08:22.680 --> 01:08:27.160]  property and so you're not going to get relief in a court of equity you will not get relief
[01:08:27.160 --> 01:08:38.720]  i agree if there is is an enforceable equitable claim on your property you will get your butt
[01:08:38.720 --> 01:08:46.560]  kicked seen it happen a thousand times so what we are looking to do with this declaratory
[01:08:46.560 --> 01:08:52.600]  judgment because this is not in a court of equity this is a separate action that can
[01:08:52.600 --> 01:09:01.320]  be done at any time so we're going to a court of law not a court of equity not a court of
[01:09:01.320 --> 01:09:13.040]  equity and we are identifying the errors and the parties that do not have a claim to title
[01:09:13.040 --> 01:09:23.600]  and i can't stress that enough so once we have this investigation we have this affidavit
[01:09:23.600 --> 01:09:34.080]  that in fact all right now the groundwork is laid steve now the parties are identified
[01:09:34.080 --> 01:09:43.360]  as to who can and who cannot come and play in your playground now you can do whatever
[01:09:43.360 --> 01:09:52.840]  you want once a determining had been made from the courts now you know the rules without
[01:09:52.840 --> 01:10:01.440]  knowing the rules you don't know who the players are so that is what sets mortgage compliance
[01:10:01.440 --> 01:10:12.080]  investigators investigations separate from other audits well let's make let's make a
[01:10:12.080 --> 01:10:21.360]  distinction there an audit what is audit everybody thinks an audit is just uh uh somebody going
[01:10:21.360 --> 01:10:30.240]  over your stuff and saying here's what's wrong incorrect audit the word audit is a specific
[01:10:30.240 --> 01:10:41.280]  legal term that is an accounting term it's not an analysis it is an accounting term if
[01:10:41.280 --> 01:10:49.760]  you have an audit of your books of cpa will go through your books and make a true accounting
[01:10:49.760 --> 01:10:54.400]  that means he's going to go through your receipts he's going to go through your your ledger
[01:10:54.400 --> 01:10:59.720]  he's going to make make sure everything balances if you've got something in the negative he'll
[01:10:59.720 --> 01:11:04.720]  show that at the end if you've got something in the positive he'll show that in the end
[01:11:04.720 --> 01:11:11.680]  that is an audit you're not getting an audit when you go to these fly-by-night outfits
[01:11:11.680 --> 01:11:22.240]  that get on a computer enter data and sell you 100 pages of garbage it may be true it
[01:11:22.240 --> 01:11:31.680]  may be accurate but it's not an audit and it's not admissible we've got to understand
[01:11:31.680 --> 01:11:38.440]  what we're dealing with and what it takes to get out of this mess that this country's
[01:11:38.440 --> 01:11:49.240]  been thrown into agree 110 percent so steve what is a party when i say i'm going to invite
[01:11:49.240 --> 01:11:59.840]  you to my party oh i'm a guest you're a guest so i have a quiet title party all right and
[01:11:59.840 --> 01:12:06.560]  the parties that i invite are going to be guests that are going to come into this action
[01:12:06.560 --> 01:12:12.280]  that i am taking at the courthouse at the courthouse so we're going to have a party
[01:12:12.280 --> 01:12:18.640]  at the courthouse bless you when we determine who to send the invitations to they're going
[01:12:18.640 --> 01:12:28.080]  to be done based on the status quo determination from the courts as to the parties that have
[01:12:28.080 --> 01:12:37.880]  a lawful and legal claim with rights conferred in accordance with law not just for a piece
[01:12:37.880 --> 01:12:46.920]  of paper because a piece of paper that is in public record while it is a claim it is
[01:12:46.920 --> 01:12:53.880]  only a piece of paper if done lawfully it is that document it's only a claim if it's
[01:12:53.880 --> 01:13:01.560]  it's only a claim correct so when you look at assigning a deed of trust assignment of
[01:13:01.560 --> 01:13:09.720]  mortgage it's the underlying transactions that that assignment is to memorialize and
[01:13:09.720 --> 01:13:17.240]  this is why when we articulate the arguments all right you need to articulate the arguments
[01:13:17.240 --> 01:13:24.800]  in parallel the arguments for the note the arguments for the security instrument and
[01:13:24.800 --> 01:13:32.640]  the arguments for the payment and tangible obligation so for a party to come forth as
[01:13:32.640 --> 01:13:39.720]  holder in due course one would need to be named as payee on the tangible promissory
[01:13:39.720 --> 01:13:46.360]  note now you're talking about a different kind of party yes
[01:13:46.360 --> 01:13:56.920]  one would need to be named into public record as the beneficiary or mortgagee and one would
[01:13:56.920 --> 01:14:05.560]  need to have sole claim and sole ownership of the intangible payment obligation in order
[01:14:05.560 --> 01:14:15.760]  to be a holder in due course in order to be the party that has acquired all rights interest
[01:14:15.760 --> 01:14:24.040]  and claims so there's your other kind of party now when you say you're going to have a party
[01:14:24.040 --> 01:14:29.120]  at the courthouse you mean you're going to have a get together of parties correct now
[01:14:29.120 --> 01:14:37.680]  who is a party a party is someone who is entitled to sue someone who has a right to sue or someone
[01:14:37.680 --> 01:14:46.400]  who can be sued now you before you you send out your invitations
[01:14:46.400 --> 01:14:55.760]  you've got to determine am i a party who can sue and are they a party who can be sued if
[01:14:55.760 --> 01:15:03.300]  they are not a party who can be sued don't invite them to court so in other words we
[01:15:03.300 --> 01:15:16.660]  need to show that they have a security interest a security interest are you a secured party
[01:15:16.660 --> 01:15:22.440]  how does one become a secured party well one would have to tell the world of their security
[01:15:22.440 --> 01:15:27.520]  interest and that's done through filing in the public record okay so when we're talking
[01:15:27.520 --> 01:15:33.640]  about a security interest within a security instrument that means that someone let's say
[01:15:33.640 --> 01:15:44.440]  i am the party another party has assigned and transferred their rights to me if i don't
[01:15:44.440 --> 01:15:50.740]  go to the public record and tell the world that hey bank of america i'm wells fargo bank
[01:15:50.740 --> 01:15:57.560]  of america just gave me all their rights and interest in this deed of trust and if i don't
[01:15:57.560 --> 01:16:06.500]  do that within a 20-day period pursuant to ucc 9312 then i do i have not perfected my
[01:16:06.500 --> 01:16:14.120]  security interest therefore i don't have a dog in this hunt correct while you might have
[01:16:14.120 --> 01:16:19.540]  rights to collect that payment and tangible obligation which is the right to receive future
[01:16:19.540 --> 01:16:27.960]  payment obligations right that is it that's all you got that's all you got so rights to
[01:16:27.960 --> 01:16:36.800]  receive financial consideration for the future is not rights of enforcement right pertaining
[01:16:36.800 --> 01:16:42.520]  to that separate security instrument perfect i hear the music in the background again folks
[01:16:42.520 --> 01:16:48.040]  we're going out to break five one two six four six 1984 and mike in missouri if you'll
[01:16:48.040 --> 01:16:55.540]  call back we'll pick you up right after the break um got an open board folks this is your
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[01:19:11.400 --> 01:19:31.800]  ain't gonna blind me don't fool me
[01:19:31.800 --> 01:19:36.680]  ain't gonna fool me with that same old trick again
[01:19:36.680 --> 01:19:45.560]  i was blindsided but now i can see your plans you put the beer in my pocket took the money
[01:19:45.560 --> 01:19:52.200]  from my ass ain't gonna fool me with that same old trick again
[01:19:52.200 --> 01:19:57.240]  and there are the phone rings welcome back to rule of law radio folks and welcome to
[01:19:57.240 --> 01:20:07.800]  live radio uh we i see we've got uh david in texas david good friday to you sir how
[01:20:07.800 --> 01:20:14.120]  are you what you got for us well great show great show um i called in last friday and
[01:20:14.120 --> 01:20:21.080]  i was the one that just filed bankruptcy to stop the sale yes wanted to provide an update
[01:20:21.080 --> 01:20:27.240]  i actually uh faxed it on over and showed up at the sale and and uh presented it to the trustee
[01:20:27.240 --> 01:20:31.800]  and yeah there was a little bit of friction there but you know there was sure you know the
[01:20:31.800 --> 01:20:38.760]  trustees are working for the for the foreclosure mills right uh exactly um they are their sales
[01:20:38.760 --> 01:20:46.280]  team okay the sales team yeah i was gonna ask a few questions exactly i'm not exaggerating the
[01:20:46.280 --> 01:20:52.120]  substitute trustee is the sales team that they're the sales representative they're they're the ones
[01:20:52.120 --> 01:20:57.800]  that fence all the stolen property down there at the back steps of the courthouse exactly exactly
[01:20:57.800 --> 01:21:03.640]  matter of fact i was trying to find the trustee there and i asked another trustee and she
[01:21:03.640 --> 01:21:11.720]  wouldn't even uh tell me uh who patricia was uh i want to talk to you hon david i'm this is joe
[01:21:11.720 --> 01:21:17.880]  i've got a quick question so you did file a bk correct that's correct the skeleton chapter 13
[01:21:18.680 --> 01:21:24.920]  okay how did you list your property um well i haven't listed that's my first question it's
[01:21:24.920 --> 01:21:33.240]  supposed to be unsecured on the schedule f that in my opinion again this is my personal opinion
[01:21:33.240 --> 01:21:36.120]  well you've been through this joe of course i have your opinion
[01:21:36.120 --> 01:21:44.600]  and i've walked through the bk walls and i've been in court nine times and i left smiling every time
[01:21:44.600 --> 01:21:51.960]  i've discharged the debt of my tangible promissory note as an unsecured obligation
[01:21:53.240 --> 01:22:02.120]  because under bk rule 3001 subsection d as in dog which is under proof of claim david it states
[01:22:02.120 --> 01:22:10.280]  any party coming forth with a claimed interest in a security certificate or a security instrument
[01:22:11.160 --> 01:22:18.680]  or a security interest in a security instrument must be evidenced by a properly perfected lien
[01:22:18.680 --> 01:22:24.760]  you gotta prove it up so how do we have a properly perfected lien we went through that in the last
[01:22:24.760 --> 01:22:32.120]  exactly but in addition to filing public record one of the things that we're getting to david is
[01:22:32.120 --> 01:22:39.400]  it must be timely so just because you have something filed in public record they must have done it in
[01:22:39.400 --> 01:22:51.000]  a timely manner okay uh you're in in okay when did you file uh the third of june okay so you're
[01:22:51.000 --> 01:22:57.800]  probably not to the point yet where you would file your schedules have you got have you received
[01:22:57.800 --> 01:23:03.000]  anything from the court telling you that you need to submit your schedules i received the
[01:23:03.000 --> 01:23:09.400]  brown envelope today from the trustee okay and it's full of a bunch of documents that you got to
[01:23:09.400 --> 01:23:14.920]  fill out i i haven't even opened it up yet i just okay you're going to want to open that up because
[01:23:14.920 --> 01:23:24.040]  it's probably your scheduling okay okay yeah so on schedule f is in frank you're going to list
[01:23:24.040 --> 01:23:30.920]  your mortgage or the the not the mortgage the uh that's what you would do if you were in his shoes
[01:23:30.920 --> 01:23:37.880]  yeah well the under yes what i would do if i were in your shoes the alleged debt obligation
[01:23:37.880 --> 01:23:48.280]  in conjunction with the promissory note okay i i would list that and the amount as unsecured
[01:23:48.280 --> 01:23:57.320]  non-priority non-priority unsecured now they're going to buck up the trustee may even challenge
[01:23:57.320 --> 01:24:08.600]  it now this is when you when i got to be correct with my my language here this is if i were in the
[01:24:08.600 --> 01:24:17.960]  same situation this is where i would present rule 3001 d and show through the public record
[01:24:17.960 --> 01:24:27.080]  that there is not a secure a perfected security interest in the property as well as
[01:24:28.520 --> 01:24:33.080]  when the other party comes forth claim that they are a secured creditor
[01:24:34.280 --> 01:24:40.120]  if i were in your shoes sit with me because that's what i did i
[01:24:40.120 --> 01:24:48.040]  filed a motion changing secure creditor status to a non-secured creditor status all right and then
[01:24:48.840 --> 01:24:54.920]  have them prove that they are a properly secure creditor and that's what would be called a
[01:24:54.920 --> 01:25:00.120]  an adversarial pleading or an adversary pleading is that correct yes you would have an adversarial
[01:25:00.120 --> 01:25:06.520]  pleading as well correct but one of the things that i did was i filed a motion changing secure
[01:25:06.520 --> 01:25:13.480]  creditor status to a non-secured creditor status and that's what i did because the gentleman that
[01:25:13.480 --> 01:25:18.920]  was claiming to represent bank of america who was claiming to have ownership of my loan
[01:25:19.880 --> 01:25:25.240]  i just moved the court and i said your honor i'd like to ask the opposing counsel for the record
[01:25:25.240 --> 01:25:31.720]  on the record under penalty of perjury whom are you representing in court today are you representing
[01:25:31.720 --> 01:25:39.720]  the holder in due course or are you representing the creditor okay and you could have heard a pin
[01:25:39.720 --> 01:25:45.400]  drop no response and about three minutes later i said the same thing again your honor for the
[01:25:45.400 --> 01:25:51.880]  record on the records under penalty of perjury whom is mr wild representing representing the
[01:25:51.880 --> 01:25:57.400]  court today the creditor or the holder in due course and after the third time the judge said
[01:25:57.400 --> 01:26:03.880]  mr esquivel you know mr wild is unable to answer that question at the time we are going to have a
[01:26:03.880 --> 01:26:16.280]  recess for 30 days because they cannot prove what you have to understand is you are using their
[01:26:16.280 --> 01:26:22.280]  documents evidenced into court so if they're coming forth with proof of claim they need to
[01:26:22.280 --> 01:26:27.960]  show proof right showing a copy of the debt instrument as it exists at that time
[01:26:29.720 --> 01:26:36.920]  all right the 3001 d puts a it puts a duty on them to do so correct
[01:26:38.760 --> 01:26:45.560]  because what you're asking the whole purpose of bankruptcy is a fresh start a do-over
[01:26:45.560 --> 01:26:53.160]  it's an easy button you hit all right so the debt that you're asking to be discharged is the debt
[01:26:53.160 --> 01:26:59.880]  of the tangible promissory note not the debt of a third-party account debtor
[01:27:01.400 --> 01:27:06.520]  and we'll get into that in another show can you repeat this again that last statement
[01:27:06.520 --> 01:27:15.240]  do over of a right though the purpose of bankruptcy is to give you a fresh f-r-e-s-h start
[01:27:16.360 --> 01:27:22.280]  that that's a whole point of bankruptcy yeah all right you want to discharge the obligations that
[01:27:22.280 --> 01:27:30.200]  you created so that you can start over new now i agree that a properly secured lien will survive
[01:27:30.200 --> 01:27:41.080]  a bankruptcy that is correct a properly secured lien right right that means with rights to title
[01:27:42.360 --> 01:27:47.800]  properly and lawfully acquired again because it's all about rights
[01:27:49.160 --> 01:27:57.000]  when you get into sales and you're talking about what was sold there's an assumption
[01:27:57.000 --> 01:28:04.680]  as to the sales are we talking about the e note the electronic note are we talking about the
[01:28:05.240 --> 01:28:12.360]  tangible promissory note that you can touch and feel and hold because many times you hear parties
[01:28:12.360 --> 01:28:19.080]  talk about well they sold my note yeah i hear i hear homeowners saying well uh bank of america
[01:28:19.080 --> 01:28:25.240]  bought it or wells fargo bought it really what what did they wait wait a minute it define it
[01:28:25.240 --> 01:28:32.040]  define it right when they bought my loan define loan define loan exactly we're right back to
[01:28:32.040 --> 01:28:39.880]  square one what did they buy what did they transfer what did they assign and did they
[01:28:40.600 --> 01:28:48.360]  sell buy transfer and assign in accordance with law right and that's what the chain of title
[01:28:48.360 --> 01:28:56.440]  analysis and investigation shows it shows the errors shows they did not gotcha okay
[01:28:57.800 --> 01:29:02.360]  so you know in my opinion bk is a great place to be
[01:29:05.000 --> 01:29:11.320]  you know it worked for me i i used it you know i did it uh four years ago
[01:29:11.320 --> 01:29:19.240]  so i i had great results with it so you're at a good place but you need to identify the parties
[01:29:20.600 --> 01:29:28.280]  who are claiming a color to title so you need to have an understanding is it with an rmbs
[01:29:28.280 --> 01:29:34.200]  which is a residential mortgage-backed security or is it with a gsc a government-sponsored
[01:29:34.200 --> 01:29:39.240]  enterprise who is it uh david that's that's got a claim against your property
[01:29:39.240 --> 01:29:43.800]  got a claim against your property well they've actually transferred it over to debt collectors
[01:29:44.520 --> 01:29:50.680]  ah okay well that's another another deal altogether and if you'll hold that thought
[01:29:50.680 --> 01:29:55.960]  we'll come back to the debt collector issue on the other side uh five one two six four six
[01:29:55.960 --> 01:30:04.840]  1984 folks we'll be right back after this briefing imagine a website that recorded everything its
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[01:33:30.840 --> 01:33:45.720]  uh
[01:33:45.720 --> 01:33:51.240]  welcome back to rule of law radio folks uh before we went out on break we were talking
[01:33:51.240 --> 01:33:57.160]  with dave in texas now dave you said before we went out uh you said that uh the
[01:33:57.160 --> 01:34:05.320]  the claimed party in interest sold some kind of debt obligation to a debt collector
[01:34:05.320 --> 01:34:13.000]  who was the debt collector power default services out of atlanta georgia oh lovely
[01:34:13.000 --> 01:34:19.000]  so you familiar with them it gets interesting because the servicer is claiming ownership
[01:34:19.000 --> 01:34:25.960]  and then they've transferred it over to uh this power default services to handle the the sale
[01:34:25.960 --> 01:34:34.200]  oh okay big problem yeah well yeah huge problem all right now you've got a debt collector
[01:34:34.200 --> 01:34:41.400]  involved fdcpa kicks in you can get them out of the way with that uh it would go then it
[01:34:41.400 --> 01:34:48.840]  would go back to okay the debt collector is simply that the debt collector does not have
[01:34:48.840 --> 01:34:56.840]  an interest in the underlying debt all they are is collecting for someone else who are they
[01:34:56.840 --> 01:35:02.760]  collecting for there's your there's your party that we were talking about a couple segments
[01:35:02.760 --> 01:35:11.000]  ago right now but they're claiming that they're collecting for the servicer aquin oh aquin okay
[01:35:11.000 --> 01:35:22.440]  aquin aquin so then aquin is claiming to be a secured party david are you with a gsc by chance
[01:35:22.440 --> 01:35:28.680]  government-sponsored enterprise such as fanny may jenny may or freddie mack you know i'm not sure
[01:35:28.680 --> 01:35:35.080]  at this point i i haven't had time to read all the documents to be okay you you need to go into
[01:35:35.080 --> 01:35:43.080]  to go into uh this is why you need an investigation yeah to have a determination of the errors
[01:35:44.040 --> 01:35:50.600]  and find out who who the possible party might be right now when okay let's let's just nutshell
[01:35:50.600 --> 01:35:59.640]  this right quick when you have a gsc freddie fanny or jenny when you have a security trust a
[01:35:59.640 --> 01:36:07.800]  remick real estate mortgage investment conduit these are the entities that would hold an interest
[01:36:07.800 --> 01:36:15.800]  of the mortgage loan instrument an interest not the mortgage loan instrument itself but an interest
[01:36:15.800 --> 01:36:27.000]  in it okay they might be a real party in interest go to your county record have you pulled a copy
[01:36:27.000 --> 01:36:32.360]  of your county records yet i i got access i haven't i have not pulled everything and printed it out
[01:36:32.360 --> 01:36:41.080]  but i do have online access now okay well okay the the online documents are liable to come across
[01:36:41.080 --> 01:36:50.840]  and say uh say diagonally across them in kind of opaque letters um it will it will say that this is
[01:36:50.840 --> 01:36:56.920]  not an original document or not a certified instrument anything what you're going to want to do
[01:36:56.920 --> 01:37:05.400]  if you're going to enter these these documents but what i do anytime i go into court and i plan on
[01:37:05.400 --> 01:37:16.840]  entering public records into the record of evidence in court i always get a certified copy
[01:37:16.840 --> 01:37:23.640]  anything less will not make it into evidence you've got to have a certified copy of any document
[01:37:24.680 --> 01:37:30.920]  that is being entered as evidence particularly if it is in the public record so you're going to want
[01:37:30.920 --> 01:37:41.000]  to physically go down to your your county recorders office and randy's got a real good trick
[01:37:41.000 --> 01:37:51.080]  if randy's still on randy you there randy's hiding where'd you go randy yeah but even before that
[01:37:51.080 --> 01:37:55.800]  before he can file a complaint i mean one of the things you want to do is to get a well he's bk so
[01:37:55.800 --> 01:38:00.680]  he's not right necessarily a complaint well you're still going to want to get a determination as to
[01:38:00.680 --> 01:38:09.320]  the party absolutely so in my opinion declaratory judgment as to the status quo other than the
[01:38:09.320 --> 01:38:17.080]  status quo are the parties that are going to have a claim before you do any action who is pete
[01:38:17.800 --> 01:38:23.960]  person entitled to enforce now is this pete or is pete there buried in a shallow grave somewhere
[01:38:23.960 --> 01:38:29.400]  out by the border of mexico that's why in a channel title analysis and investigation
[01:38:30.760 --> 01:38:37.080]  behooves everyone yeah everyone now you you sitting there in your in your house might think
[01:38:37.080 --> 01:38:43.400]  that oh okay aquan has a claim oh okay jenny or jenny finney or fanny or freddy have a claim
[01:38:43.400 --> 01:38:50.920]  oh okay this debt collector has a claim really do they do they they have color title now how
[01:38:50.920 --> 01:38:57.720]  okay they might have color title but are they a real party in interest are they a real
[01:38:57.720 --> 01:39:07.560]  party who has a perfected security interest you don't know sitting in your living room talking
[01:39:07.560 --> 01:39:16.200]  to us you don't know i don't know that's why you need to do business with joe and that's the
[01:39:16.200 --> 01:39:25.960]  investigator yes that's why you need a competent expert witness capable of drafting
[01:39:25.960 --> 01:39:39.320]  capable of drafting a uh sworn affidavit a party with a license and a bond to back up that license
[01:39:40.360 --> 01:39:44.760]  uninterested third party to come forward and say i looked into this and here's what i found
[01:39:45.640 --> 01:39:50.280]  this guy no he's not the real party in interest that guy this guy
[01:39:50.280 --> 01:39:59.080]  oh as a matter of fact all this stuff is garbage okay okay how do i get ahold of joe
[01:40:00.200 --> 01:40:14.440]  well you would send an email to info i nfo at mortgage compliance investigators plural plural
[01:40:14.440 --> 01:40:25.080]  dot com okay and send an email have your contact information or you can call us
[01:40:25.640 --> 01:40:40.520]  and our phone number is 888-491-3741 and you can talk to myself or you may talk to my partner
[01:40:40.520 --> 01:40:50.840]  damien emholtz and he is a licensed private investigator okay okay and this is you know
[01:40:50.840 --> 01:41:00.200]  the first step in undertaking finding out where are the errors correct because that is vitally
[01:41:00.200 --> 01:41:07.400]  important once you understand and identify the errors and in court this stuff is razor sharp
[01:41:07.400 --> 01:41:12.920]  and we identify the proper parties that can come play in your sandbox
[01:41:14.360 --> 01:41:21.320]  and if you don't identify any proper parties guess what everybody's saying that they crash
[01:41:21.320 --> 01:41:29.000]  they crash your party thank you sir to crash your party exactly well put actually you're going to
[01:41:29.000 --> 01:41:39.560]  crash their party yeah well that's that's what i'm hoping for yeah so again the number is 888-491-3741
[01:41:39.560 --> 01:41:49.640]  or you can go to mortgage compliance investigators plural dot com you don't have to put plural in
[01:41:49.640 --> 01:41:57.560]  there just an s at the end of investigator okay so my skin all right obviously um no i really
[01:41:57.560 --> 01:42:03.800]  i'm no i really appreciate that i mean i i understand exactly that that is a very crucial
[01:42:03.800 --> 01:42:10.760]  immediate step and i need to take action on it here's my question i'm in bankruptcy i'm in chapter
[01:42:10.760 --> 01:42:20.280]  13 do i need to also be looking at potentially litigation at the county courthouse in a in
[01:42:20.280 --> 01:42:30.680]  parallel with uh running uh you know the the bankruptcy court um i don't think it'd be necessary
[01:42:30.680 --> 01:42:39.080]  no i don't think it'd be okay what we've been talking about uh for the beginning of the show
[01:42:39.080 --> 01:42:47.880]  is filing a pleading in probably a district court here in here in here in texas we call it a district
[01:42:47.880 --> 01:42:52.920]  court i don't know what other states call it uh california i think all courts are superior
[01:42:54.040 --> 01:42:59.880]  but you want to get your reading into a court of competent jurisdiction now you are in a different
[01:42:59.880 --> 01:43:06.680]  venue you're in the federal court you're in a bankruptcy court what is the goal in either one
[01:43:06.680 --> 01:43:17.160]  of these uh venues the goal is to show that their alleged debt obligation is null and void i mean
[01:43:17.160 --> 01:43:23.480]  you know just just to use just common terms you're wanting to prove that the debt the underlying debt
[01:43:23.480 --> 01:43:33.480]  is null and void so if you're in bankruptcy that's the specific purpose of bankruptcy court
[01:43:35.800 --> 01:43:42.200]  once you get into the district court that's they take care of all kinds of different things they
[01:43:42.200 --> 01:43:50.040]  they take care of uh they they'll see any type of of adversarial pleadings but in bankruptcy
[01:43:50.040 --> 01:43:56.120]  that is specific to setting aside debt and dave stay there we'll be right back after this break
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[01:46:23.560 --> 01:46:39.960]  welcome back to rule of law radio folks
[01:46:42.360 --> 01:46:49.880]  we were talking to dave who is dave in texas who is currently in bankruptcy court and dave
[01:46:49.880 --> 01:46:55.880]  before we went out on the break you're in the perfect position right now your question was
[01:46:55.880 --> 01:47:02.040]  that since you're in bankruptcy court should you consider a secondary pleading in another court
[01:47:03.000 --> 01:47:09.480]  if it were me i'd keep it simple you know you're already in a venue that is there specifically for
[01:47:09.480 --> 01:47:16.120]  the offset of debts and that's that's your goal so you're you're where you need to be brother
[01:47:16.120 --> 01:47:21.720]  yeah no i i appreciate that i just wanted to clarify that because you know i i know that some
[01:47:21.720 --> 01:47:26.520]  people tackle it you know in the district court and others in the bankruptcy court and i just
[01:47:26.520 --> 01:47:33.320]  wanted to see if i was missing any uh potential leverage uh well the the thing is okay you're
[01:47:33.320 --> 01:47:39.560]  you're talking about what is a pleading a pleading is an adversarial document you're you're starting
[01:47:39.560 --> 01:47:51.240]  a fight on paper okay bankruptcy allows you the same thing an adversarial pleading okay so
[01:47:53.080 --> 01:47:59.000]  a question to you would be why would you since you're already in this venue why would you pick
[01:47:59.000 --> 01:48:03.480]  a fight in a different court when you have the opportunity to pick that same fight in the court
[01:48:03.480 --> 01:48:10.600]  that you're at well once again i just wanted to make sure that i i wasn't missing any potential
[01:48:10.600 --> 01:48:15.000]  leverage that would be available in the district court that would not be available in the bankruptcy
[01:48:15.000 --> 01:48:21.960]  court no you're in a great place in my opinion dave no no no i just wanted to make sure i'm
[01:48:21.960 --> 01:48:27.400]  covering all my bases and not you know leaving you know a back door open that's all and you
[01:48:27.400 --> 01:48:31.880]  clarified it and then that's why we're going to focus on you know roughing them up in the
[01:48:31.880 --> 01:48:37.400]  bankruptcy court all right we and keep in mind we are not the end all to be all there's nothing
[01:48:37.400 --> 01:48:42.600]  substitutes your own research no not well and obviously i'm going to have to get up to speed
[01:48:42.600 --> 01:48:47.240]  because at the end of the day i'm the one going to court so yes sir yes absolutely and one of the
[01:48:47.240 --> 01:48:56.760]  things they have to understand is that mci does an online training once a month so it's the online
[01:48:56.760 --> 01:49:05.320]  training that you would have available to you as well which is part of our package and it's a six
[01:49:05.320 --> 01:49:12.920]  hour training and it's going to be drinking water from a fire hydrant but it's a live training that
[01:49:12.920 --> 01:49:20.680]  i do and it's done from our mci office and damien and i you know i have put together a program
[01:49:20.680 --> 01:49:31.560]  with the latest and greatest cases statutes we have prezi presentations we have powerpoint
[01:49:31.560 --> 01:49:39.000]  presentations and this is something that is truly needed by all it's to bring understanding as to
[01:49:39.000 --> 01:49:44.840]  what it is you're getting into and how to deal and how to use the information because knowledge
[01:49:44.840 --> 01:49:48.600]  you were talking about over the break you were talking about the client and i don't want to get
[01:49:48.600 --> 01:49:55.000]  in the names client confidentiality and all that but you had a client that that came to mci and
[01:49:55.000 --> 01:50:02.040]  got the work package and didn't draft a pleading or the motion nothing before the court just went
[01:50:02.040 --> 01:50:06.360]  in and threw it up on the judge's bench and said here you go judge what do you think of that
[01:50:06.360 --> 01:50:15.320]  yeah that they thought it was going to grow legs and bark and wrong okay let's talk about process
[01:50:15.320 --> 01:50:21.560]  process first thing you want is evidence you base your pleading off the evidence
[01:50:22.840 --> 01:50:30.840]  you introduce your evidence in your pleading and then you put your evidence on the record
[01:50:33.080 --> 01:50:38.680]  okay now i'm not talking about bankruptcy court i'm talking about your district district courts
[01:50:38.680 --> 01:50:49.560]  your uh higher state courts um when when you just walk into court you waltz in and say here
[01:50:49.560 --> 01:50:54.520]  this investigation thing says that this ain't no good and i don't know why we're here the judge is
[01:50:54.520 --> 01:51:02.360]  going to kick you out you're you'll be lucky lucky if you don't get sanctioned if and now if
[01:51:03.160 --> 01:51:07.320]  someone is going in and this is this is not just for you dave this is for all of the listeners
[01:51:07.320 --> 01:51:12.680]  uh i'm glad that most of our listeners are are well educated in this but we do have new listeners
[01:51:12.680 --> 01:51:18.360]  that are not so well educated so this is why if you're going to go in bareback without the
[01:51:18.360 --> 01:51:24.680]  assistance of counsel or without an attorney this is why it's so so vitally important to get some
[01:51:24.680 --> 01:51:30.280]  kind of tool in your hand that will teach you how to walk through the the court filing process how
[01:51:30.280 --> 01:51:37.640]  to draft a pleading how to to present your evidence i'm talking about jurisdictionary again
[01:51:39.000 --> 01:51:43.800]  this package will teach you everything that you need to know on the process of how to go through
[01:51:43.800 --> 01:51:53.400]  the courts and get done what you went there to get done now uh rule of law radio has has established
[01:51:53.400 --> 01:52:02.760]  a long history of helping the pro se litigant a little bit of uh shameless self-promoting i've got
[01:52:02.760 --> 01:52:10.920]  a website of my own pro se uh pro se foreclosure dot wordpress dot com i would encourage you to go
[01:52:10.920 --> 01:52:16.760]  there and visit that i've got a lot of good articles on there uh for the record there are
[01:52:16.760 --> 01:52:23.400]  several attorneys that keep up with what i'm writing and putting out on on the web i've been
[01:52:23.400 --> 01:52:29.880]  contacted by a couple of attorneys who said hey steve you're wrong here oh okay well i'll
[01:52:29.880 --> 01:52:37.880]  either correct it or i'll correct you so everything on pro se dot pro se foreclosure dot wordpress dot
[01:52:37.880 --> 01:52:46.760]  uh pro se foreclosure dot wordpress dot com has been through a pseudo quasi peer review so to speak
[01:52:47.480 --> 01:52:53.800]  um again there are attorneys that keep a very close eye on what i post and i get notified
[01:52:53.800 --> 01:53:01.400]  immediately if i'm off point so everything on that website you can trust so go by there and read the
[01:53:01.400 --> 01:53:07.240]  read the articles that i've posted i've got a lot of good articles up up there uh articles tab on
[01:53:07.240 --> 01:53:15.560]  on the website but um it i appreciate you sharing that with me absolutely that's that's why i put
[01:53:15.560 --> 01:53:22.520]  it there i wanted to put a usable tool in people's at people's disposal uh free that i don't charge
[01:53:22.520 --> 01:53:31.400]  anything to use it uh just just use it use it like a bible um but that is still no replacement for
[01:53:31.400 --> 01:53:39.800]  competent evidence so if i could uh offer any kind of recommendation do business with joe or mci
[01:53:40.760 --> 01:53:46.440]  they'll get you the competent evidence package that you need to submit into the court that will
[01:53:46.440 --> 01:53:56.200]  show the court why the court should decide in your favor or in your case discharge the obligation
[01:53:56.200 --> 01:54:02.840]  now when i say discharge the obligation just very briefly secured property goes back to the secured
[01:54:02.840 --> 01:54:11.160]  cred per let's look at a car you sign a note on a car you go delinquent what happens to the car
[01:54:12.360 --> 01:54:16.840]  the record driver shows up in your front yard or in the grocery store parking lot and you come out
[01:54:16.840 --> 01:54:25.000]  where's my car it's been repossessed it went back to the secured party your house is no different
[01:54:25.000 --> 01:54:28.520]  they're not going to send excuse me they're not going to send a wrecker after it they're going to
[01:54:28.520 --> 01:54:36.440]  send a bunch of brown shirts and and uh mentally deficient people that can't be employed by
[01:54:37.480 --> 01:54:42.520]  by barger king to come by and move all your stuff out in front yard and then you figure out what to
[01:54:42.520 --> 01:54:48.920]  do with it to prevent that you've got to show that the party coming forward with a claim is not a
[01:54:48.920 --> 01:54:55.240]  proper party that's how you discharge the obligation in your bankruptcy proceeding
[01:54:57.480 --> 01:55:05.880]  that's it okay anything else um i think i uh real quick can you kind of give me
[01:55:05.880 --> 01:55:13.480]  a quick overview on this bankruptcy trustee i mean uh what am i dealing with there okay
[01:55:13.480 --> 01:55:22.600]  the bankruptcy trustee is a buffer between you and the court okay okay now sometimes now here's
[01:55:22.600 --> 01:55:30.440]  here's a word of warning the judge will protect the trustee the trustee will protect the judge
[01:55:32.040 --> 01:55:39.080]  your task is to put something on the record that protects them both
[01:55:39.080 --> 01:55:43.960]  you've got to give them plausible deniability you've got to give them a way out you've got to
[01:55:43.960 --> 01:55:48.440]  give them something you've got to give them a nail that they can both hang their hat on
[01:55:49.640 --> 01:55:55.800]  just going into court and saying i think this i think that i say i found not good enough sorry
[01:55:57.000 --> 01:56:03.400]  now if you go in there i have the third party here uh that's done an investigation on the
[01:56:03.400 --> 01:56:09.320]  and here's what they found here's an affidavit of fact here's an affidavit of fact you let the
[01:56:09.320 --> 01:56:15.320]  court and the trustee come to it um i work for a law firm here in in uh austin texas
[01:56:16.520 --> 01:56:25.160]  we specialize in foreclosure defense and uh uh bankruptcy and uh real estate issues
[01:56:25.160 --> 01:56:34.280]  uh we've got several clients uh in bankruptcy and i saw some documents come across uh from the
[01:56:34.280 --> 01:56:43.560]  bankruptcy court in where the trustee actually challenged a secured party's status yeah
[01:56:43.560 --> 01:56:52.840]  very very good that a party came forward and said hey we're a secured party we're entitled to this
[01:56:52.840 --> 01:56:59.560]  and that and blah blah blah the trustee said well wait a minute uh uh i take issue with that let's
[01:56:59.560 --> 01:57:05.800]  go back proof of claim there you go did you file a b-10 they're going to say well we're going to
[01:57:05.800 --> 01:57:13.080]  uh i take issue with that let's go back proof of claim there you go did you file a b-10 they're
[01:57:13.080 --> 01:57:20.840]  going to say we don't need to okay show proof of claim show that you are a proper party to come
[01:57:20.840 --> 01:57:28.040]  forth and that's basically i'm you know without giving up too much i mean client confidentiality
[01:57:28.040 --> 01:57:36.840]  being what is the uh bankruptcy trustee was challenging the alleged secured party to prove
[01:57:36.840 --> 01:57:43.320]  up their security interest in the property it hasn't played out yet i mean you know this is
[01:57:43.320 --> 01:57:51.320]  friday i think i saw those come across the email tuesday uh wednesday wednesday so yeah sometimes
[01:57:51.320 --> 01:57:57.880]  the the the trustee will will surely be on your side that they don't have the in bankruptcy court
[01:57:57.880 --> 01:58:07.480]  they don't have a dog in this hunt okay so is this somebody that i should try and uh develop a
[01:58:07.480 --> 01:58:13.560]  close relationship with or no no you know you just need to speak the truth when you talk to the
[01:58:13.560 --> 01:58:20.280]  trustee absolutely do not lie do not try to cover up you just make sure that you present the facts
[01:58:20.280 --> 01:58:27.080]  as they apply in your current situation exactly i hear the music in the background again dave you
[01:58:27.080 --> 01:58:32.440]  got anything else no i really appreciate it guys thanks so much okay thank you for calling in we're
[01:58:32.440 --> 01:58:36.920]  going to let you go and go to the next caller on the other side of this break folks five one two
[01:58:36.920 --> 01:58:44.040]  six four six 1984 we see francis in colorado darlene in florida and joan illinois if you'll
[01:58:44.040 --> 01:58:50.920]  stay there folks will be to be right to you on the other side this break stay tuned the bible
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