ROL_2014-07-11_16k_Hr1-2.timecode

[00:00.000 --> 00:07.040]  You are listening to The Liberty Beat, your daily source for Liberty News and activist
[00:07.040 --> 00:15.840]  updates online at TheLibertyBeat.com.
[00:15.840 --> 00:20.600]  This is Justin Arman with Your Liberty Beat for June 27, 2014.
[00:20.600 --> 00:28.880]  Gold opened today at $1,320, silver at $21.12 and bitcoin is trading at $587.
[00:28.880 --> 00:32.040]  Gold for The Liberty Beat comes from the notorious activist Michael Cargill.
[00:32.040 --> 00:38.480]  He has a new show called Come and Talk It, live Sunday afternoon at 4 p.m. on 1370 a.m.
[00:38.480 --> 00:39.480]  in Austin.
[00:39.480 --> 00:44.120]  That's 1370 a.m. in Austin on Sunday at 4 p.m.
[00:44.120 --> 00:48.240]  And from My Magic Mud, an all-natural teeth whitening and strengthening remedy, go to
[00:48.240 --> 00:52.840]  MyMagicMud.com to hear a short interview with Dr. Griffin Cole or pick up a jar at Brave
[00:52.840 --> 00:54.240]  New Books.
[00:54.240 --> 00:55.480]  And now the news.
[00:55.480 --> 00:59.160]  Texans for Accountable Government will be holding their monthly meeting at Sherlock's
[00:59.160 --> 01:00.520]  in Austin, Texas.
[01:00.520 --> 01:03.920]  On the agenda is Ed Heimlich speaking about sovereign immunity.
[01:03.920 --> 01:08.040]  Dana Ann's will be discussing plans to bring attention to Liberty candidate Laura Presley,
[01:08.040 --> 01:10.200]  who's running for Austin City Council.
[01:10.200 --> 01:14.560]  Cheyenne from Texas Normal will be speaking about strategic plans for marijuana policy
[01:14.560 --> 01:18.760]  reform and Rachel Kania will talk about what it takes to get elected.
[01:18.760 --> 01:23.840]  Justin Delosh will be addressing Second Amendment rights and more reasonable self-defense policy
[01:23.840 --> 01:25.400]  for Texans.
[01:25.400 --> 01:28.760]  Persons for Accountable Government will be forming committees around these issues, which
[01:28.760 --> 01:31.480]  will be led by the best and brightest activists.
[01:31.480 --> 01:35.800]  Come to the meeting and get involved Monday, June 30th at Sherlock's Pub.
[01:35.800 --> 01:39.680]  More information at tagtexas.org, that's tagtexas.org.
[01:39.680 --> 01:44.600]  Big news for Texas.
[01:44.600 --> 01:49.040]  On Thursday, Austin City Council voted to approve medical marijuana.
[01:49.040 --> 01:54.120]  The resolution, which was sponsored by Councilmen Bill Spellman and Mike Martinez, supports
[01:54.120 --> 01:57.560]  legislation to legalize the use of medical marijuana.
[01:57.560 --> 02:01.240]  State Representative Elliott Nashtath tried for more than a decade without success to
[02:01.240 --> 02:05.200]  pass a state law regarding patients using medical pot.
[02:05.200 --> 02:08.240]  Marijuana is still illegal under state and federal laws.
[02:08.240 --> 02:12.480]  The marijuana policy project, the same group responsible for helping Colorado pass its
[02:12.480 --> 02:20.840]  recreational pot laws, has set up shop in Austin hoping to achieve legalization by 2019.
[02:20.840 --> 02:25.600]  A report by Bloomberg reveals that hospitals are using detailed consumer data to create
[02:25.600 --> 02:30.840]  profiles on current and even potential patients to identify those most likely to get sick.
[02:30.840 --> 02:35.480]  The information is being provided by data brokers, public records, and credit card transactions
[02:35.480 --> 02:40.280]  that detail where a person shops, eats, what they smoke, and much more.
[02:40.280 --> 02:45.440]  The largest hospital chain in the Carolinas is plugging data for 2 million people in algorithms
[02:45.440 --> 02:49.200]  designed to identify high-risk patients.
[02:49.200 --> 02:54.200]  Report for this program comes from Cavalbogs, now with two locations in Austin at 500 East
[02:54.200 --> 02:57.680]  Spin-Lite Boulevard and 2828 Rio Grande Boulevard.
[02:57.680 --> 03:27.520]  This is Justin Arman reporting with the Liberty Bead.
[03:57.680 --> 04:27.520]  This is Justin Arman reporting with the Liberty Bead and 2828 Rio Grande Boulevard.
[04:27.520 --> 04:57.360]  This is Justin Arman reporting with the Liberty Bead and 2828 Rio Grande Boulevard.
[04:57.360 --> 05:27.320]  This is Justin Arman reporting with the Liberty Bead and 2828 Rio Grande Boulevard.
[05:27.320 --> 05:57.160]  This is Justin Arman reporting with the Liberty Bead and 2828 Rio Grande Boulevard.
[05:57.160 --> 06:27.000]  This is Justin Arman reporting with the Liberty Bead and 2828 Rio Grande Boulevard.
[06:27.000 --> 06:56.840]  This is Justin Arman reporting with the Liberty Bead and 2828 Rio Grande Boulevard.
[06:56.840 --> 07:26.680]  This is Justin Arman reporting with the Liberty Bead and 2828 Rio Grande Boulevard.
[07:26.680 --> 07:56.520]  This is Justin Arman reporting with the Liberty Bead and 2828 Rio Grande Boulevard.
[07:56.520 --> 08:26.360]  This is Justin Arman reporting with the Liberty Bead and 2828 Rio Grande Boulevard.
[08:26.360 --> 08:54.200]  This is Justin Arman reporting with the Liberty Bead and 2828 Rio Grande Boulevard.
[08:54.200 --> 09:24.040]  This is Justin Arman reporting with the Liberty Bead and 2828 Rio Grande Boulevard.
[09:24.040 --> 09:53.880]  This is Justin Arman reporting with the Liberty Bead and 2828 Rio Grande Boulevard.
[09:53.880 --> 10:23.720]  This is Justin Arman reporting with the Liberty Bead and 2828 Rio Grande Boulevard.
[10:23.720 --> 10:53.560]  This is Justin Arman reporting with the Liberty Bead and 2828 Rio Grande Boulevard.
[10:53.560 --> 11:23.400]  This is Justin Arman reporting with the Liberty Bead and 2828 Rio Grande Boulevard.
[11:23.400 --> 11:34.200]  Bank of America may be licensed to do business in the capacity as a national bank charter.
[11:34.200 --> 11:43.400]  They are not in the capacity to come forth with proof of injury to a non-resident.
[11:43.400 --> 12:05.400]  Bank of America is coming forward not as a banking institution but as a contracted bill collector for a non-resident.
[12:05.400 --> 12:11.400]  How does the non-resident affect capacity?
[12:11.400 --> 12:19.400]  If you don't have residency, and this is what I was talking about with James,
[12:19.400 --> 12:37.400]  if you don't have residency and you are a non-resident and you are trying to settle issues in a judicial system with a resident of the state of Texas, that is not possible.
[12:37.400 --> 12:41.400]  That is one of the reasons they removed the Fed quite often.
[12:41.400 --> 12:47.400]  There is something else that kind of trips me up here.
[12:47.400 --> 12:59.400]  Say I live in New York and I am not a bank and I have an issue to adjudicate in Texas.
[12:59.400 --> 13:09.400]  And I am a legal fiction so I can't come in pro se. I have to hire a lawyer.
[13:09.400 --> 13:21.400]  How can I hire a company to represent me and then that company hire a lawyer to represent them?
[13:21.400 --> 13:27.400]  Bank of America can't hire a lawyer to represent Deutsche Bank.
[13:27.400 --> 13:35.400]  And that is what they are doing though because no one has yet challenged the capacity.
[13:35.400 --> 13:41.400]  I have looked at capacity but not in that capacity.
[13:41.400 --> 13:47.400]  James brought you by the Department of Redundancy.
[13:47.400 --> 13:51.400]  I have got a couple of cases that back this up.
[13:51.400 --> 14:01.400]  I will go to capacity in that they may be a proper holder, they may be a proper agent of a proper holder,
[14:01.400 --> 14:11.400]  but if they bring forth a contract to which they are in dishonor, they don't have the capacity to enforce the contract.
[14:11.400 --> 14:24.400]  But I certainly hadn't thought about a legal fiction hiring a legal fiction to hire an agent for one of the legal fictions.
[14:24.400 --> 14:38.400]  The only legal fiction, the only entity for which a legal fiction could hire an attorney would be the legal fiction itself.
[14:38.400 --> 14:43.400]  That kind of gets to champerty.
[14:43.400 --> 14:49.400]  Well this is what I mean, James brought it up and I even have case to back it up.
[14:49.400 --> 15:02.400]  It looks like champerty but in champerty Bank of America would have to have a quick claim or something from the other entity
[15:02.400 --> 15:06.400]  to allow Bank of America to adjudicate the issue.
[15:06.400 --> 15:13.400]  Now it can result in a quick claim.
[15:13.400 --> 15:17.400]  That's how we can help somebody.
[15:17.400 --> 15:23.400]  I can go in and say, oh you got a lawsuit here and you're not going to adjudicate this lawsuit.
[15:23.400 --> 15:34.400]  I can buy it from you and then I can adjudicate it and you'd have to quit claim to me whatever claim you had in the lawsuit.
[15:34.400 --> 15:39.400]  It's called champerty. In some states it's illegal but not in Texas.
[15:39.400 --> 15:50.400]  So technically I would think that the servicer could come in and adjudicate somebody else's issue
[15:50.400 --> 15:59.400]  but only if they had purchased that issue in order for them to have hold of status of the issue
[15:59.400 --> 16:04.400]  and have to have a quick claim or an assignment of the...
[16:04.400 --> 16:06.400]  Maybe that's why they're...
[16:06.400 --> 16:17.400]  So in this case the servicer would have had to have purchased the alleged underlying debt from the promissory note
[16:17.400 --> 16:25.400]  and then hold a real interest in the property through a properly assigned deed of trust.
[16:25.400 --> 16:38.400]  Yes, they came in under champerty and then the trust, the pass-through trust would have no more standing.
[16:38.400 --> 16:39.400]  That's right.
[16:39.400 --> 16:42.400]  They sold their holder status to somebody else.
[16:42.400 --> 16:44.400]  Hang on.
[16:44.400 --> 16:47.400]  Okay, there it is. 15 seconds.
[16:47.400 --> 16:50.400]  You got time. You know you got time.
[16:50.400 --> 16:55.400]  I fell over the cliff all night last night. Where were you Steve when I needed you?
[16:55.400 --> 17:21.400]  We'll be right back.
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[18:57.400 --> 19:16.400]  To learn how to stop debt collectors next, you are listening to the Logos Radio Network.
[19:16.400 --> 19:31.400]  Logos Radio Network
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[19:57.400 --> 20:26.400]  Logos Radio Network
[20:26.400 --> 20:31.400]  Logos Radio Network
[20:31.400 --> 20:39.400]  Hello, this is Joe Esquil, Randy Kelton, Steve Skidmore and Deborah Stevens of Ruleablaw Radio.
[20:39.400 --> 20:55.400]  We were talking about capacity and the capacity that we're talking about is in relationship to the banks coming forth as an agent for the trust.
[20:55.400 --> 21:10.400]  However, many times these trusts are set up, they're principal offices in New York or Delaware or in the case of Freddie Mac and Fannie Mae in the District of Columbia.
[21:10.400 --> 21:25.400]  And if you look up under their articles of incorporation where it'll say, this trust shall be governed by the laws of state of New York, this trust shall be governed by the laws of the District of Columbia.
[21:25.400 --> 21:41.400]  So when they set up residency, that is their principal place of business, but many times when they're coming forth, Steve says to do a foreclosure action here in Texas.
[21:41.400 --> 21:56.400]  Freddie Mac is not a resident of Texas and yet it hires Bank of America to come in as servicer to hire an attorney to represent Bank of America.
[21:56.400 --> 22:09.400]  So Bank of America is representing a non-resident and that non-resident is not a bank, it's in the state trust.
[22:09.400 --> 22:22.400]  So many times the trust, they lack the capacity to come forth and ask the jurisdiction of the courts to do action, but no one has ever questioned that capacity.
[22:22.400 --> 22:26.400]  It goes right back to this glaring question.
[22:26.400 --> 22:27.400]  Okay.
[22:27.400 --> 22:36.400]  How can a company hire a non-lawyer to represent them?
[22:36.400 --> 22:39.400]  How can a company hire a non-lawyer?
[22:39.400 --> 22:44.400]  Bank of America is not a lawyer, it's a legal fiction.
[22:44.400 --> 22:45.400]  Yeah.
[22:45.400 --> 22:50.400]  Okay, so who gives the order to hire the attorneys?
[22:50.400 --> 22:58.400]  Well, at the law firm that I work at, we've got a client in New York.
[22:58.400 --> 23:05.400]  His issue is over a piece of property here in the Austin area.
[23:05.400 --> 23:11.400]  So he as a real party has hired us to do direct representation for him.
[23:11.400 --> 23:15.400]  There's no legal fiction between him and us.
[23:15.400 --> 23:16.400]  Randy, I get your point.
[23:16.400 --> 23:22.400]  I don't see where, I don't see how it can be done.
[23:22.400 --> 23:23.400]  Yeah, if the...
[23:23.400 --> 23:24.400]  Not lawfully.
[23:24.400 --> 23:33.400]  If the trust hires Bank of America to act as their agent, then Bank of America is the agent.
[23:33.400 --> 23:44.400]  Now, if Bank of America hires somebody, then they don't hire the lawyer to adjudicate for the trust.
[23:44.400 --> 23:48.400]  They hire the lawyer to adjudicate for themselves because from the lawyer,
[23:48.400 --> 23:56.400]  when he files in, he names Bank of America as the litigant and he represents Bank of America.
[23:56.400 --> 24:04.400]  I don't see how under champerty, and that's the only way this could be done,
[24:04.400 --> 24:12.400]  is Bank of America would have to hold the claim and that would leave the trust with no claim whatsoever.
[24:12.400 --> 24:17.400]  Well, and if they were a GSC, okay.
[24:17.400 --> 24:21.400]  I mean, Fannie Mae does not foreclose, Freddie Mac does not foreclose.
[24:21.400 --> 24:23.400]  Yes, GSC is the same thing.
[24:23.400 --> 24:25.400]  It's of legal fiction.
[24:25.400 --> 24:34.400]  Hiring a legal fiction who then hires a lawyer, who does the lawyer actually represent?
[24:34.400 --> 24:35.400]  Good question.
[24:35.400 --> 24:46.400]  And can a legal fiction hire a lawyer for another legal fiction without specific power of attorney?
[24:46.400 --> 24:48.400]  I don't think so.
[24:48.400 --> 24:51.400]  Joe's looking for something.
[24:51.400 --> 24:54.400]  You have to take your mic with you when you go that far.
[24:54.400 --> 24:56.400]  I was looking for my pen.
[24:56.400 --> 24:57.400]  Oh.
[24:57.400 --> 24:58.400]  Or crayon.
[24:58.400 --> 25:00.400]  Here, here's a pen.
[25:00.400 --> 25:02.400]  How do you spell capperty?
[25:02.400 --> 25:03.400]  Champerty.
[25:03.400 --> 25:04.400]  Champerty.
[25:04.400 --> 25:07.400]  C-H-A-P-E-R-T-Y.
[25:07.400 --> 25:11.400]  C-H-A-M-P-E-R-T-Y.
[25:11.400 --> 25:21.400]  Champerty is a noun, an agreement between the parties suing in a lawsuit, parentheses, plaintiff,
[25:21.400 --> 25:28.400]  and parentheses, and another person, usually an attorney, who agrees to finance and carry
[25:28.400 --> 25:39.400]  the lawsuit in return for a percentage of the recovery, that is, the money won back and paid.
[25:39.400 --> 25:48.400]  In common law, this was legal on the theory that it encouraged lawsuits, or I'm sorry,
[25:48.400 --> 25:51.400]  illegal on the theory that it encouraged lawsuits.
[25:51.400 --> 26:00.400]  Today, it is legal and often part of a contingent fee, quote, unquote, agreement, contingent
[26:00.400 --> 26:05.400]  fee agreement between lawyer and a client.
[26:05.400 --> 26:14.400]  It is not the same as baritry, which is active encouragement of lawsuits.
[26:14.400 --> 26:17.400]  C-Baritry.
[26:17.400 --> 26:26.400]  Baritry would be considered fomenting litigation, and fomenting litigation is where you create
[26:26.400 --> 26:29.400]  litigation that otherwise would not occur.
[26:29.400 --> 26:38.400]  Actually, baritry is, baritry goes under, baritry is what forbids an attorney from soliciting.
[26:38.400 --> 26:44.400]  And it might be noted that only Texas has baritry laws.
[26:44.400 --> 26:46.400]  Yes, and it's a felony in Texas.
[26:46.400 --> 26:48.400]  Yes, it is.
[26:48.400 --> 26:54.400]  You see, in the movies, the guy comes up on an accident, and he goes to one of the people
[26:54.400 --> 26:58.400]  as they're loading them in the ambulance, and hands them a card, here I'm a lawyer,
[26:58.400 --> 27:00.400]  I can help you.
[27:00.400 --> 27:03.400]  In this case, in Texas, that's a felony.
[27:03.400 --> 27:06.400]  That's where the term ambulance chaser came from.
[27:06.400 --> 27:07.400]  Exactly.
[27:07.400 --> 27:08.400]  That's illegal.
[27:08.400 --> 27:15.400]  That's fomenting litigation because this person who's been injured may or may not feel like
[27:15.400 --> 27:21.400]  they have a claim, or they may or may not feel like they need to file a lawsuit.
[27:21.400 --> 27:32.400]  The intervention of the lawyer in this way encourages the person to seek the courts as
[27:32.400 --> 27:39.400]  a remedy rather than to seek an administrative remedy.
[27:39.400 --> 27:45.400]  And it's the intention of the court that the court be used as a remedy of last resort,
[27:45.400 --> 27:48.400]  not the remedy of first resort.
[27:48.400 --> 27:53.400]  And that's the tend to term that fomenting litigation.
[27:53.400 --> 28:00.400]  If we've got James, James, James is, I don't, I'd hate to break in here, but James is the
[28:00.400 --> 28:05.400]  fellow that's got me, James in Texas, he's been on before, got me the definition of
[28:05.400 --> 28:12.400]  champion, he went on to say in a message, he said, a national bank with a branch, if
[28:12.400 --> 28:20.400]  acting for themselves as principal may have a right to the court under the National
[28:20.400 --> 28:30.400]  Banking Act, but if the National Bank is acting as an agent for a non-state resident
[28:30.400 --> 28:38.400]  trust, New York or Delaware usually, then rights of the National Banking Act do not
[28:38.400 --> 28:49.400]  meet the bar to pursue a lawsuit as a foreign party, lawyer for agent or for non-resident.
[28:49.400 --> 28:58.400]  That came from US, 15 USC, 15 C.
[28:58.400 --> 29:02.400]  Well, he's had to statute itself, he's had an annotation to the statute.
[29:02.400 --> 29:03.400]  He's had to statute himself.
[29:03.400 --> 29:09.400]  James has done very, very thorough research on this.
[29:09.400 --> 29:10.400]  Wonderful.
[29:10.400 --> 29:12.400]  You're also on this over to you, Scott.
[29:12.400 --> 29:17.400]  Yeah, just put it in the group.
[29:17.400 --> 29:20.400]  Okay, we are about to, about to go to our break.
[29:20.400 --> 29:24.400]  And when we come back, I'd like to go to Leslie.
[29:24.400 --> 29:26.400]  You're really going to like what she says.
[29:26.400 --> 29:27.400]  Sure.
[29:27.400 --> 29:31.400]  Leslie is going to make your day.
[29:31.400 --> 29:34.400]  I'm sure thankful for you to hold on so long.
[29:34.400 --> 29:37.400]  Listen to us go on.
[29:37.400 --> 29:40.400]  Listen to all of this senseless prattle.
[29:40.400 --> 29:42.400]  Okay, this is...
[29:42.400 --> 29:45.400]  It's more senseless, it's very interesting.
[29:45.400 --> 29:47.400]  Very useful.
[29:47.400 --> 29:51.400]  This is Randy Kelton, Steve Skidmore, Joe Escobel.
[29:51.400 --> 29:57.400]  To our radio, our call in number 512-646-1984, we'll have the phones open all night.
[29:57.400 --> 30:26.400]  We'll be right back.
[30:27.400 --> 30:29.400]  So protect your rights.
[30:29.400 --> 30:33.400]  Say no to surveillance and keep your information to yourself.
[30:33.400 --> 30:35.400]  Privacy, it's worth hanging on to.
[30:35.400 --> 30:42.400]  This message is brought to you by startpage.com, the private search engine alternative to Google, Yahoo, and Bing.
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[33:04.400 --> 33:11.400]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[33:11.400 --> 33:25.400]  Yeah, I got the warrant and I'm gonna solve them, to the government them, prosecute them.
[33:25.400 --> 33:27.400]  Okay.
[33:27.400 --> 33:42.400]  Okay, we are back. Randy Kelton, Steve Skidmore, Goresca Bell, who is our radio.
[33:42.400 --> 33:57.400]  And our four hour info marathon. And we have a very special guest, Miss Leslie from Pennsylvania.
[33:57.400 --> 34:04.400]  And she is proof positive that you should never mess with a grandma in PA.
[34:04.400 --> 34:14.400]  She has encouraged the clerk to take some action that I'm not going to ruin the punchline.
[34:14.400 --> 34:22.400]  I'll let Leslie tell what you've done, what the situation is,
[34:22.400 --> 34:35.400]  and Leslie, tell us what's going on in Pennsylvania.
[34:35.400 --> 34:37.400]  Okay.
[34:37.400 --> 34:42.400]  Ms. Backer, Nancy Backer from Montgomery County is in the next county to me.
[34:42.400 --> 34:52.400]  And I had read where she had been very upset with mirrors and didn't know how to stop them from not recording assignments.
[34:52.400 --> 34:57.400]  She wanted the assignments recorded because she was having trouble when people wanted to go to settlement
[34:57.400 --> 35:07.400]  discovering which ones were paid and who they were paid to and why they weren't cleared off and satisfied and all this kind of stuff.
[35:07.400 --> 35:13.400]  So I told her that there was on the books already laws that said that they have to record them.
[35:13.400 --> 35:17.400]  And I said, you take this law, show it to your solicitor and go with it.
[35:17.400 --> 35:19.400]  You know, this court is right down the street.
[35:19.400 --> 35:21.400]  And she filed it.
[35:21.400 --> 35:36.400]  And on the 30th of June, it was decided and on the 1st of July, it was recorded in the docket that MERS absolutely is obligated
[35:36.400 --> 35:45.400]  to record every transfer of the debt that are secured by real estate mortgages in the Commonwealth of Pennsylvania
[35:45.400 --> 35:55.400]  for all debt transfers past, present, and future in the office of the recorders of deeds in the county where such property is situated.
[35:55.400 --> 36:07.400]  And in as much as such debt mortgage note transfers are conveyances within the meaning of Pennsylvania law, the failure to sow document and record is
[36:07.400 --> 36:13.400]  a violative of Pennsylvania recording statute.
[36:13.400 --> 36:21.400]  And they had a 45-page memorandum explaining why.
[36:21.400 --> 36:29.400]  Now, the only thing they didn't decide was how much money she's going to get, and that will go to trial.
[36:29.400 --> 36:36.400]  But, okay, that is, that's kind of earth shattering for MERS.
[36:36.400 --> 36:38.400]  I know that hasn't been all over the news.
[36:38.400 --> 36:40.400]  You put him right out of business.
[36:40.400 --> 36:51.400]  Yes, there's not a single mortgage in Pennsylvania that is adjudicatable based on that.
[36:51.400 --> 36:52.400]  Exactly.
[36:52.400 --> 36:54.400]  Now, here's something more.
[36:54.400 --> 37:00.400]  I was talking to Nancy after she got her decision, and I asked, aren't you jumping up and down?
[37:00.400 --> 37:02.400]  She says, oh, I'm doing a jig.
[37:02.400 --> 37:07.400]  I say, now, how do you intend to prove all of the assignments when they put in their next assignment?
[37:07.400 --> 37:09.400]  How are you going to find out what's missing?
[37:09.400 --> 37:11.400]  She says, what do you mean?
[37:11.400 --> 37:18.400]  I said, well, there's a min milestone and MERS summary and milestone report.
[37:18.400 --> 37:21.400]  And I said, you should require that.
[37:21.400 --> 37:22.400]  She says, we can't.
[37:22.400 --> 37:23.400]  I said, what do you mean you can't?
[37:23.400 --> 37:31.400]  She says, we can't refuse anything, and we can't require anything that is not in the statute.
[37:31.400 --> 37:33.400]  So I said, well, what do you want to do?
[37:33.400 --> 37:43.400]  She says, well, you have to contact your legislature and get all your friends to put something in there that makes it so that we can enforce this.
[37:43.400 --> 37:48.400]  Because even if we get the money now, there's nothing that says that we have to prove anything.
[37:48.400 --> 37:50.400]  There's nothing that they have to prove anything.
[37:50.400 --> 37:53.400]  Okay, hold on, hold on.
[37:53.400 --> 38:01.400]  This goes to the adage, never interfere with someone when they're screwing up.
[38:01.400 --> 38:09.400]  So why get them to make sure they did it right?
[38:09.400 --> 38:13.400]  Oh, yes, that's the wonderful thing about it.
[38:13.400 --> 38:15.400]  I'll get into that in a minute.
[38:15.400 --> 38:24.400]  Well, anyway, I contacted my legislatures and my senator and I sent them a sample of what I wanted for legislation.
[38:24.400 --> 38:32.400]  For example two, it's a 21 Pennsylvania statute, 625, and I divided into A and B because A already exists.
[38:32.400 --> 38:37.400]  And I figured I'd add something very similar to it because it is similar.
[38:37.400 --> 38:43.400]  And it just requires that they have a list and certify it under, I'll read it to you.
[38:43.400 --> 38:47.400]  I'll read you the new part so that you see what I mean.
[38:47.400 --> 38:55.400]  For the purposes of obtaining the accuracy of a precise chain of titles for all mortgages, assignments of mortgages, and assignments of articles,
[38:55.400 --> 39:04.400]  it shall be the duty of the recorder whenever an assignment of mortgage or articles of agreement are given to secure the payment of money
[39:04.400 --> 39:12.400]  or release of mortgage shall be presented to him for record to refuse the same unless the set assignment of mortgage,
[39:12.400 --> 39:19.400]  assignment of articles of agreement or release of mortgage has attached there too and made part of the assignment of mortgage,
[39:19.400 --> 39:27.400]  articles of agreement, or release of mortgage a certificate signed under penalties of perjury and fraud by said mortgagee,
[39:27.400 --> 39:32.400]  assigner, or person entitled to transfer beneficial interest or his or her duty,
[39:32.400 --> 39:42.400]  do the authorized attorney or agent setting forth the complete and precise chain of title to date with all the dates of assignment,
[39:42.400 --> 39:47.400]  complete names and addresses of all assignees and their related nominees and agents and their addresses with the subject mortgage
[39:47.400 --> 39:53.400]  and assignments of mortgage or assignments of article of agreement or persons entitled to transfer interest,
[39:53.400 --> 40:02.400]  send certificate to be recorded with assignment of mortgage, assignment of articles of agreement, or release of mortgage together with the reports from the database available
[40:02.400 --> 40:11.400]  to users of said private database therefrom derived. Should no private database, nominee, or agent be noted in any mortgage,
[40:11.400 --> 40:18.400]  articles of agreement, assignment of mortgage, assignment of articles of agreement, or release of mortgage, the certificate shall so state.
[40:18.400 --> 40:21.400]  How's that?
[40:21.400 --> 40:26.400]  That sounds like you're asking for an abstract of title.
[40:26.400 --> 40:29.400]  Exactly.
[40:29.400 --> 40:41.400]  Well, every time they have a file, that's reasonable. Considering the mess that they have created.
[40:41.400 --> 40:48.400]  Exactly. And then they have to pay for all of them because they have to put on there when they were recorded.
[40:48.400 --> 40:53.400]  If they weren't recorded, they got to pay for it.
[40:53.400 --> 41:00.400]  Well, this won't, well, not really. It will on the first filing.
[41:00.400 --> 41:11.400]  But after someone's filed an abstract of title and there is a change in the condition of the title, you don't have to do a whole new abstract.
[41:11.400 --> 41:17.400]  You could just call that abstract, add the change to it and file it back.
[41:17.400 --> 41:19.400]  Yeah.
[41:19.400 --> 41:23.400]  So this would not be unduly onerous.
[41:23.400 --> 41:30.400]  But it would require the banks to clear up the mess that they've created.
[41:30.400 --> 41:34.400]  Yes. Now here's the kicker.
[41:34.400 --> 41:42.400]  If any assignment of mortgage is over six months old,
[41:42.400 --> 41:58.400]  Pennsylvania statute 621 says that it isn't possible for it, even though it's recorded, it does not convey, it's not possible to convey any interest from that assignment.
[41:58.400 --> 42:00.400]  That's paraphrase, but that's what it means.
[42:00.400 --> 42:16.400]  So unlike Texas, where you have a perfected claim for 20 days, and then after that, your claim becomes perfected when you file the proper documentation.
[42:16.400 --> 42:19.400]  You have the same in PA as well.
[42:19.400 --> 42:30.400]  But as far as I know, after the 20 days in Texas, you don't have a duty to file your claim.
[42:30.400 --> 42:34.400]  You can file your claim 10 years from now.
[42:34.400 --> 42:38.400]  But in Pennsylvania, you got what, 60 days?
[42:38.400 --> 42:53.400]  In 60 days, you must require, you must, let me see if I got it right, in 90 days, it must be recorded or it's fraudulent and void against any future creditors or purchasers of the property.
[42:53.400 --> 42:59.400]  That means if you don't file it in 90 days and that property is sold too bad, they don't have to pay it.
[42:59.400 --> 43:15.400]  Randy, you still have that 20 day perfection is a temporary perfection of the personal property pertaining to the secured interest in the security instrument.
[43:15.400 --> 43:20.400]  So it just becomes an unsecured obligation.
[43:20.400 --> 43:21.400]  Exactly.
[43:21.400 --> 43:29.400]  So what they're saying is you got 20 days, you're protected for 20 days, but after 20 days, you got to get this filed.
[43:29.400 --> 43:37.400]  In Texas, if you don't file it, and I get a claim in before you get yours filed, you're tough luck.
[43:37.400 --> 43:42.400]  If I get a claim in after that 20 days and before you file it.
[43:42.400 --> 43:46.400]  In Pennsylvania, there's an extra condition.
[43:46.400 --> 43:50.400]  If you don't file it in 90 days, then you can't file it.
[43:50.400 --> 43:53.400]  Well, you can file it in 90 days.
[43:53.400 --> 43:54.400]  If you file it in 90 days.
[43:54.400 --> 43:55.400]  We're going to break, guys.
[43:55.400 --> 43:59.400]  We're going to have to hold until we'll be right back on the other side.
[43:59.400 --> 44:12.400]  Hello, my name is Stuart Smith from naturespureorganics.com, and I would like to invite you to come by our store at 1904 Waterloo Street Suite D here in Austin, Texas.
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[44:46.400 --> 44:49.400]  naturespureorganics.com.
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[46:22.400 --> 46:51.400]  Welcome back to ruleoflawradio.com.
[46:51.400 --> 46:53.400]  Welcome back to ruleoflawradio folks.
[46:53.400 --> 46:58.400]  Sorry I stumbled off the cliff and I really did stumble head first off the cliff.
[46:58.400 --> 47:03.400]  We didn't cackle really loud on the break.
[47:03.400 --> 47:05.400]  Yes you did. Don't lie.
[47:05.400 --> 47:07.400]  Oh okay I did.
[47:07.400 --> 47:09.400]  You laughed.
[47:09.400 --> 47:12.400]  You alright by the way?
[47:12.400 --> 47:21.400]  No we're back with our guest Leslie in Pennsylvania and again it's the pains of live radio sometimes.
[47:21.400 --> 47:23.400]  Folks thanks. Welcome back.
[47:23.400 --> 47:30.400]  Leslie where were you when we marched off the cliff like Lemmings?
[47:30.400 --> 47:32.400]  Oh okay.
[47:32.400 --> 47:34.400]  You were responding to Randy.
[47:34.400 --> 47:36.400]  Alright.
[47:36.400 --> 47:40.400]  You said on the break there was a 180 day thing as well.
[47:40.400 --> 47:44.400]  A 180 day statute and then there's a 180 day statute.
[47:44.400 --> 47:49.400]  The one is number title 21 subsection 444.
[47:49.400 --> 47:56.400]  The Pennsylvania statute says in short, I'm leaving out some of the words, all deeds and conveyance
[47:56.400 --> 48:01.400]  or whereby title to the same shall in any way be infected in law and equity should be recorded in the office
[48:01.400 --> 48:08.400]  of the recording of deeds for such lands or lion being within 90 days after the execution of such deeds and conveyance.
[48:08.400 --> 48:15.400]  And every such deed or conveyance that shall at any time after the passage of this act be made and executed in this Commonwealth
[48:15.400 --> 48:22.400]  and which shall not be proved and recorded as the fore said shall be judged fraudulent and void.
[48:22.400 --> 48:25.400]  That's title 21?
[48:25.400 --> 48:27.400]  Can you...
[48:27.400 --> 48:31.400]  Title 21 Pennsylvania statute 444.
[48:31.400 --> 48:34.400]  Say it one more time Leslie.
[48:34.400 --> 48:40.400]  Title 21 of the Pennsylvania statute subsection 444.
[48:40.400 --> 48:42.400]  Thank you.
[48:42.400 --> 48:52.400]  Now it says shall be judged fraudulent and void and I had dot dot dot but I believe after that means against any subsequent
[48:52.400 --> 48:56.400]  purchasers or creditors or something like that.
[48:56.400 --> 49:06.400]  And that's within 90 days. Now within 180 days subsection 621 of title 21 says no deed or
[49:06.400 --> 49:12.400]  defeasable deed in nature of mortgages hereafter to be made shall be good or sufficient to convey or pass any
[49:12.400 --> 49:20.400]  freehold or inheritance or to grant any estate they're in for life or years unless such deed be acknowledged
[49:20.400 --> 49:26.400]  and proved and recorded within six months after the date they're of.
[49:26.400 --> 49:33.400]  Where in such lie I fear in before directed for other deeds.
[49:33.400 --> 49:43.400]  So that just goes to like warranty deed or grant deed as opposed to a need or a claim?
[49:43.400 --> 49:46.400]  No, no, no. No, no, no. No, no.
[49:46.400 --> 49:56.400]  The judge said that includes mortgages it says no deed or mortgage and that includes the silence of mortgage in the nature of
[49:56.400 --> 50:05.400]  mortgages hereafter to be made shall be good or sufficient to convey or pass any freehood or inheritance means if it's not
[50:05.400 --> 50:11.400]  recorded within six months it has no power to convey any interest after that.
[50:11.400 --> 50:17.400]  That sounds redundant. How is it not redundant to the 90 day limit?
[50:17.400 --> 50:28.400]  Because the 90 day limit is only good. It's still good you could pass it along as interest because it's still good to the debtor
[50:28.400 --> 50:32.400]  but just not to other people.
[50:32.400 --> 50:44.400]  Creditors of the debtor, other creditors of the debtor and other buyers of the property or insurers of the property anything like that
[50:44.400 --> 50:56.400]  but it's still good to the debtor in 90 days but it can be transferred but after 90 days it's no good to pass.
[50:56.400 --> 50:59.400]  You can't pass it on.
[50:59.400 --> 51:12.400]  It says, Randy, it's listed under subsection 444 all deeds made in the state to be acknowledged and recorded within 90 days is what it states.
[51:12.400 --> 51:21.400]  Okay, that's specific to deeds. A deed of trust or mortgage is not a deed.
[51:21.400 --> 51:33.400]  No, yes it is. Here in Pennsylvania it's a deed. You can check with the recent decision that I gave you in the memorandum, the 45 page memorandum
[51:33.400 --> 51:42.400]  for Becker B. Rers that came out on the 30th. It's in there. He explains why he feels it's the same thing.
[51:42.400 --> 51:44.400]  Wonderful. Okay.
[51:44.400 --> 51:47.400]  Pennsylvania, Lean Theory or Title Theory State?
[51:47.400 --> 51:49.400]  Title Theory.
[51:49.400 --> 51:57.400]  Okay. All right, 621 states. It's under chapter 2 mortgages, recording of mortgages.
[51:57.400 --> 52:06.400]  621 states mortgages to be recorded within six months. No deed or mortgage or feasible deed in the nature of mortgages.
[52:06.400 --> 52:16.400]  Hereafter to be made shall be good or sufficient to convey or pass any freehold or inheritance or to grant any estate therein for life
[52:16.400 --> 52:29.400]  or years unless such deed be acknowledged or approved and recorded within six months after the date thereof where such land lies is herein directed for such other good deeds.
[52:29.400 --> 52:33.400]  Yeah, sounds to me like after, what is it, 60 days?
[52:33.400 --> 52:34.400]  Six months.
[52:34.400 --> 52:35.400]  90 days.
[52:35.400 --> 52:39.400]  Yeah, six, 90 days. The year done.
[52:39.400 --> 52:42.400]  Mm-hmm.
[52:42.400 --> 52:48.400]  Yeah, Leslie, right. There's no conveying it. There's no transferring it. There's no selling it. There's no...
[52:48.400 --> 52:54.400]  Well, I don't know. You might be able to sell it, but whoever buys it, they can't do anything with it.
[52:54.400 --> 53:10.400]  Okay, there's one more question I have. Does the statute reference properly filing the claim or does it simply state filing the claim?
[53:10.400 --> 53:14.400]  I just read verbatim right out of case maker.
[53:14.400 --> 53:24.400]  It's specific. It says it must be acknowledged, proved, and recorded. And it says as herein before directed for other deeds and in other places, it's very specific.
[53:24.400 --> 53:28.400]  In the recorder's office in the county where the property lies.
[53:28.400 --> 53:31.400]  Acknowledged and proved, is that...
[53:31.400 --> 53:34.400]  Acknowledged or still acknowledged or proved.
[53:34.400 --> 53:35.400]  Or proved, okay.
[53:35.400 --> 53:37.400]  Or proved and recorded.
[53:37.400 --> 53:40.400]  That's making reference to a notary.
[53:40.400 --> 53:43.400]  Yeah, either a notary or two witnesses generally.
[53:43.400 --> 53:45.400]  Okay.
[53:45.400 --> 53:49.400]  That notary is acknowledged, two witnesses are proven.
[53:49.400 --> 53:56.400]  The Texas Code says it must be acknowledged or proven and properly filed in the record.
[53:56.400 --> 54:05.400]  Property is really important because what I'm reading here is if they filed something,
[54:05.400 --> 54:11.400]  even if it's not properly filed, their claim is made.
[54:11.400 --> 54:27.400]  And say a year or two years, four years down the road, if someone raises an issue and claims it was not properly filed, then they would effectively have opportunity to repair.
[54:27.400 --> 54:35.400]  But if the statute requires that it be properly filed, then they can't fix it.
[54:35.400 --> 54:41.400]  Was there anything in the statute that indicated that it had to be properly filed?
[54:41.400 --> 54:42.400]  I didn't hear it.
[54:42.400 --> 54:44.400]  No, it doesn't.
[54:44.400 --> 54:57.400]  The last sentence of that statute says, as herein before directed by other deeds, for other deeds, I mean, as herein before directed for other deeds.
[54:57.400 --> 55:01.400]  So it's up in the other statutes, but it's there.
[55:01.400 --> 55:09.400]  Okay, so it's saying it has to be filed as herein before directed.
[55:09.400 --> 55:16.400]  So I can take that to mean it has to be filed in accordance with the rules in order to have any validity.
[55:16.400 --> 55:18.400]  Excuse, yes, exactly.
[55:18.400 --> 55:26.400]  That's something we certainly want to look at because that order referenced all of the past filings.
[55:26.400 --> 55:28.400]  And on the surface.
[55:28.400 --> 55:30.400]  Presence and future, yes.
[55:30.400 --> 55:42.400]  On the surface, it would give the impression that it would have the effect of invalidating all of those filings.
[55:42.400 --> 55:56.400]  Unless the filing, a filing, even if it's not complete is enough to at least give them opportunity to repair.
[55:56.400 --> 55:58.400]  Exactly.
[55:58.400 --> 56:08.400]  Now, the thing that I was thinking, the thing that I was thinking is that if they got all of this recorded, if they went back and they recorded every single thing,
[56:08.400 --> 56:13.400]  and somebody got foreclosed, all they'd have to do is go look at the first one that was recorded.
[56:13.400 --> 56:15.400]  When was it recorded?
[56:15.400 --> 56:23.400]  When it was recorded, did it allow any, was it recorded within six months?
[56:23.400 --> 56:34.400]  If it wasn't recorded within six months, you can challenge everyone after that because that wasn't sufficient.
[56:34.400 --> 56:40.400]  If it wasn't recorded in six months but wasn't recorded properly.
[56:40.400 --> 56:42.400]  Same thing.
[56:42.400 --> 56:47.400]  Is it void or voidable?
[56:47.400 --> 56:50.400]  I would think voidable.
[56:50.400 --> 56:59.400]  If it wasn't recorded as instructed in the law in the next 20 months, I would think it would be void.
[56:59.400 --> 57:09.400]  That order on its face tends to state that if these weren't properly filed, they're void.
[57:09.400 --> 57:18.400]  And that's why I was going to properly file because if it requires that they be properly filed and they're not, they're void.
[57:18.400 --> 57:24.400]  They're not voidable, so you go in and show that they weren't properly filed and they're void from its inception.
[57:24.400 --> 57:36.400]  If they're voidable, then they stand as proper until they're adjudicated to be void.
[57:36.400 --> 57:40.400]  That's a big difference.
[57:40.400 --> 57:49.400]  On its face, if somebody's looking through the chain of titles, they would just be looking through that.
[57:49.400 --> 57:53.400]  But if somebody wanted to challenge it, they would say, this can't be nothing.
[57:53.400 --> 57:56.400]  Then they would be right because they didn't.
[57:56.400 --> 57:59.400]  That was my concern.
[57:59.400 --> 58:07.400]  Is it void from its inception or is it voidable at the time it's challenged?
[58:07.400 --> 58:15.400]  It would be voidable at the time it was recorded.
[58:15.400 --> 58:19.400]  I've got a question, Leslie.
[58:19.400 --> 58:23.400]  We'll get it on the other side, OK.
[58:23.400 --> 58:27.400]  OK, this is Randy Kelton's Steve Skidmore, Joe Escobel.
[58:27.400 --> 58:32.400]  We were already on our call in number 512-646-1984.
[58:32.400 --> 58:40.400]  Give us a call or we're going to keep the lines open all night and we'll take calls on any subject.
[58:40.400 --> 58:50.400]  Give us a call, get the adjunct bills up toward the end, so if you have a question, get in line, we'll be right back.
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[59:59.400 --> 01:00:15.400]  You're listening to The Liberty Beat, your daily source for Liberty News and activist updates online at TheLibertyBeat.com.
[01:00:15.400 --> 01:00:20.400]  This is Justin Arman with Your Liberty Beat for June 27, 2014.
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[01:00:28.400 --> 01:00:32.400]  Support for The Liberty Beat comes from the notorious activist Michael Cargill.
[01:00:32.400 --> 01:00:39.400]  He has a new show called Come and Talk It, live Sunday afternoon at 4 p.m. on 1370 a.m. in Austin.
[01:00:39.400 --> 01:00:44.400]  That's 1370 a.m. in Austin on Sunday at 4 p.m.
[01:00:44.400 --> 01:00:48.400]  And from My Magic Mud, an all-natural teeth whitening and strengthening remedy,
[01:00:48.400 --> 01:00:54.400]  go to MyMagicMud.com to hear a short interview with Dr. Griffin Cole or pick up a jar at Brave New Books.
[01:00:54.400 --> 01:00:59.400]  And now the news.
[01:01:25.400 --> 01:01:28.400]  Texas for Accountable Government will be forming committees around these issues,
[01:01:28.400 --> 01:01:31.400]  which will be led by the best and brightest activists.
[01:01:31.400 --> 01:01:33.400]  Come to the meeting and get involved.
[01:01:33.400 --> 01:01:35.400]  Monday, June 30 at Sherlock's Pub.
[01:01:35.400 --> 01:01:38.400]  More information at tagtexas.org.
[01:01:38.400 --> 01:01:43.400]  That's tagtexas.org.
[01:01:43.400 --> 01:01:44.400]  Big news for Texas.
[01:01:44.400 --> 01:01:48.400]  On Thursday, Austin City Council voted to approve Medical Marijuana.
[01:01:48.400 --> 01:01:54.400]  The resolution, which was sponsored by Councilman Bill Spellman and Mike Martinez,
[01:01:54.400 --> 01:01:57.400]  supports legislation to legalize the use of medical marijuana.
[01:01:57.400 --> 01:02:01.400]  State Representative Elliott Nashtatt tried for more than a decade without success
[01:02:01.400 --> 01:02:04.400]  to pass a state law regarding patients using medical pot.
[01:02:04.400 --> 01:02:08.400]  Marijuana is still illegal under state and federal laws.
[01:02:08.400 --> 01:02:14.400]  The Marijuana Policy Project, the same group responsible for helping Colorado pass its recreational pot laws,
[01:02:14.400 --> 01:02:21.400]  has set up shop in Austin, hoping to achieve legalization by 2019.
[01:02:21.400 --> 01:02:25.400]  A report by Bloomberg reveals that hospitals are using detailed consumer data
[01:02:25.400 --> 01:02:31.400]  to create profiles on current and even potential patients to identify those most likely to get sick.
[01:02:31.400 --> 01:02:35.400]  The information is being provided by data brokers, public records and credit card transactions
[01:02:35.400 --> 01:02:40.400]  that detail where a person shops, eats, what they smoke, and much more.
[01:02:40.400 --> 01:02:44.400]  The largest hospital chain in the Carolinas is plugging data for 2 million people
[01:02:44.400 --> 01:02:48.400]  in algorithms designed to identify high-risk patients.
[01:02:48.400 --> 01:02:53.400]  Support for this program comes from Cabo Bobs, now with two locations in Austin
[01:02:53.400 --> 01:02:57.400]  at 500 East Benwhite Boulevard and 2828 Rio Grande Boulevard.
[01:02:57.400 --> 01:03:00.400]  This is Justin Arman reporting with the Liberty Bead.
[01:03:00.400 --> 01:03:25.400]  Music
[01:03:25.400 --> 01:03:31.400]  Hi, this is Joe Esquivel, Randy Kelton, Steve Skidmore, Debra Stevens, rule of law radio.
[01:03:31.400 --> 01:03:34.400]  We are talking with Leslie today.
[01:03:34.400 --> 01:03:43.400]  Leslie is bringing us up on Title 21, Section 444 and Title 21, Subsection 621
[01:03:43.400 --> 01:03:46.400]  regarding the recording of mortgages.
[01:03:46.400 --> 01:03:48.400]  That's Pennsylvania.
[01:03:48.400 --> 01:03:50.400]  Pennsylvania, I apologize.
[01:03:50.400 --> 01:03:54.400]  Let's continue with Leslie.
[01:03:54.400 --> 01:03:56.400]  Okay.
[01:03:56.400 --> 01:04:09.400]  Now, in the order itself, it says...the wording is that the MERS is obligated
[01:04:09.400 --> 01:04:11.400]  if the word he used.
[01:04:11.400 --> 01:04:14.400]  He didn't say MERS is ordered to record.
[01:04:14.400 --> 01:04:19.400]  He said, you are obligated to record past, present, and future assignments of mortgage.
[01:04:19.400 --> 01:04:25.400]  And it said that failure to do so is a violation of Pennsylvania state law.
[01:04:25.400 --> 01:04:32.400]  But when you read the memorandum, it explains why he's treating this, the assignment,
[01:04:32.400 --> 01:04:38.400]  like a mortgage and why he's treating a mortgage like a deed.
[01:04:38.400 --> 01:04:43.400]  It's very good reading and it's very...for somebody that's a newbie,
[01:04:43.400 --> 01:04:51.400]  it gives you a more clear understanding of how Pennsylvania views things.
[01:04:51.400 --> 01:04:59.400]  And it was informative to me, too, because it's not every day you hear it from the judges,
[01:04:59.400 --> 01:05:01.400]  you know, like a teacher.
[01:05:01.400 --> 01:05:04.400]  And that's more or less like what that 45 document is about.
[01:05:04.400 --> 01:05:09.400]  It's more like somebody's going to law school and you're sitting there listening, you know.
[01:05:09.400 --> 01:05:12.400]  And it was very informative that way.
[01:05:12.400 --> 01:05:15.400]  And from that, that's why I had to think it through,
[01:05:15.400 --> 01:05:20.400]  because when I was asking Mrs. Becker, I said, how are you going to updo this?
[01:05:20.400 --> 01:05:27.400]  And I was seeing how's the best way to do it so that they don't get all of the benefits
[01:05:27.400 --> 01:05:39.400]  and would doing that put that new litigation, new legislative act, the statute getting that passed.
[01:05:39.400 --> 01:05:42.400]  How would that affect all the other deeds?
[01:05:42.400 --> 01:05:44.400]  Because he didn't order them to do that.
[01:05:44.400 --> 01:05:54.400]  Had he ordered them to do that, that would have been almost like overturning 621 and 444,
[01:05:54.400 --> 01:05:59.400]  because it would say, well, now you have to do this and because I ordered you to do that,
[01:05:59.400 --> 01:06:00.400]  that's okay now.
[01:06:00.400 --> 01:06:01.400]  Everything's fine.
[01:06:01.400 --> 01:06:02.400]  But he didn't say that.
[01:06:02.400 --> 01:06:04.400]  He said they're obligated to do it.
[01:06:04.400 --> 01:06:06.400]  He didn't order them to do it.
[01:06:06.400 --> 01:06:07.400]  You see the difference?
[01:06:07.400 --> 01:06:12.400]  So that means that not only are they obligated to do it now,
[01:06:12.400 --> 01:06:16.400]  but what he's saying is, exactly.
[01:06:16.400 --> 01:06:19.400]  So he's putting it back on him.
[01:06:19.400 --> 01:06:20.400]  And that's what I heard that.
[01:06:20.400 --> 01:06:25.400]  You know, I'm thinking, he just invalidated all of the...
[01:06:25.400 --> 01:06:28.400]  That's what I got from it.
[01:06:28.400 --> 01:06:33.400]  If I was MERS, if I were the banks, I would really be concerned.
[01:06:33.400 --> 01:06:34.400]  MERS don't have to worry about it.
[01:06:34.400 --> 01:06:35.400]  They don't own anything.
[01:06:35.400 --> 01:06:38.400]  He is saying that they're obligated.
[01:06:38.400 --> 01:06:43.400]  What he is not saying is that they failed in their obligation.
[01:06:43.400 --> 01:06:44.400]  What he says is...
[01:06:44.400 --> 01:06:47.400]  No, he said failure to do so is a violation of law.
[01:06:47.400 --> 01:06:52.400]  That means anybody that has MERS in their mortgage can go right down to the courthouse
[01:06:52.400 --> 01:07:01.400]  and get a quiet title for a breach of contract under paragraph 16.
[01:07:01.400 --> 01:07:03.400]  Failure to obey state law.
[01:07:03.400 --> 01:07:05.400]  Okay.
[01:07:05.400 --> 01:07:12.400]  Here is a law, and essentially the judge has adjudicated that
[01:07:12.400 --> 01:07:17.400]  wherein the filing was not made, the law was violated.
[01:07:17.400 --> 01:07:21.400]  What is the remedy in law?
[01:07:21.400 --> 01:07:25.400]  Is that a criminal statute?
[01:07:25.400 --> 01:07:28.400]  No.
[01:07:28.400 --> 01:07:33.400]  So, if it's not a criminal, there's going to be some remedy.
[01:07:33.400 --> 01:07:35.400]  What is the remedy?
[01:07:35.400 --> 01:07:38.400]  Breach of contract.
[01:07:38.400 --> 01:07:42.400]  No, this isn't statutory.
[01:07:42.400 --> 01:07:44.400]  Breach of contract in remedy.
[01:07:44.400 --> 01:07:46.400]  That's a cause of action.
[01:07:46.400 --> 01:07:47.400]  Yeah.
[01:07:47.400 --> 01:07:49.400]  The statute says you must do this.
[01:07:49.400 --> 01:07:51.400]  Quiet title.
[01:07:51.400 --> 01:07:53.400]  No.
[01:07:53.400 --> 01:08:02.400]  What you're going for is go for declaratory judgment as to the determination of the status quo of the parties.
[01:08:02.400 --> 01:08:11.400]  And then you would quiet the cloud on title using declaratory judgment.
[01:08:11.400 --> 01:08:13.400]  Wait, wait, I'm going somewhere else.
[01:08:13.400 --> 01:08:16.400]  This is a statutory requirement.
[01:08:16.400 --> 01:08:22.400]  Somewhere in that code, there should be something that says a violation of this
[01:08:22.400 --> 01:08:24.400]  code is this.
[01:08:24.400 --> 01:08:27.400]  It doesn't say that.
[01:08:27.400 --> 01:08:29.400]  It may not say it right where you're reading it.
[01:08:29.400 --> 01:08:31.400]  In the open records act, it's a big act.
[01:08:31.400 --> 01:08:33.400]  It's got all kind of stuff in it.
[01:08:33.400 --> 01:08:41.400]  Right down at the end of the act, it says a violation of this act is a class A misdemeanor.
[01:08:41.400 --> 01:08:45.400]  So that goes back and covers the whole act.
[01:08:45.400 --> 01:08:51.400]  If this is a statutory requirement, if there is no
[01:08:51.400 --> 01:08:58.400]  consequence, then the requirement is irrelevant.
[01:08:58.400 --> 01:09:06.400]  The consequence would be that they lose their standing.
[01:09:06.400 --> 01:09:10.400]  That's what we think it ought to be.
[01:09:10.400 --> 01:09:20.400]  But the point is we need to go back and look at the code and see if there's somewhere in the code that stipulates
[01:09:20.400 --> 01:09:25.400]  what the violation of the code means.
[01:09:25.400 --> 01:09:27.400]  What it results in.
[01:09:27.400 --> 01:09:33.400]  If it's a statutory requirement, you breach the statutory requirement.
[01:09:33.400 --> 01:09:35.400]  There's always some remedy.
[01:09:35.400 --> 01:09:39.400]  And on the penal code, there's a penalty.
[01:09:39.400 --> 01:09:48.400]  And generally in the civil laws, like the open records act, it had a penalty for the violation.
[01:09:48.400 --> 01:09:51.400]  It has to be a penalty of some type.
[01:09:51.400 --> 01:09:54.400]  Otherwise, the statute hasn't teased.
[01:09:54.400 --> 01:09:57.400]  It should say that.
[01:09:57.400 --> 01:10:01.400]  Well, actually, I'm sorry.
[01:10:01.400 --> 01:10:03.400]  That was the case.
[01:10:03.400 --> 01:10:10.400]  Did the statute state that the failure to respond to the remedy did void?
[01:10:10.400 --> 01:10:13.400]  Rendered it void.
[01:10:13.400 --> 01:10:19.400]  Well, that's what a lot of the different statutes in Title 21 says, fraudulent and void.
[01:10:19.400 --> 01:10:20.400]  Okay.
[01:10:20.400 --> 01:10:21.400]  I'm sorry.
[01:10:21.400 --> 01:10:23.400]  Then I'm asking a frivolous question.
[01:10:23.400 --> 01:10:26.400]  I'm mixing up the order with the statute.
[01:10:26.400 --> 01:10:42.400]  If the statute says that the failure to file renders it void, then there is no need to file a declaratory judgment.
[01:10:42.400 --> 01:10:45.400]  Yeah, I guess there is, isn't there, Joe?
[01:10:45.400 --> 01:10:48.400]  Well, yeah, you'd still want to know the status quo of the parties.
[01:10:48.400 --> 01:10:50.400]  You need some kind of judgment.
[01:10:50.400 --> 01:10:58.400]  Because you want the declaration of the courts as to the acquiring of rights.
[01:10:58.400 --> 01:11:00.400]  So then who would have legal title?
[01:11:00.400 --> 01:11:02.400]  Because she has equitable title.
[01:11:02.400 --> 01:11:09.400]  Equitable title would now become senior and legal title is in dispute.
[01:11:09.400 --> 01:11:17.400]  I'm thinking, I'm kind of thinking more in terms of the Corpus Juris.
[01:11:17.400 --> 01:11:24.400]  If the documentation had not been properly filed, that is in the public record.
[01:11:24.400 --> 01:11:30.400]  And everyone has imputed knowledge of the public record.
[01:11:30.400 --> 01:11:45.400]  So if someone takes an action based on a document not properly filed in the record, it must be presumed that that person knows full well that document is not properly filed and is therefore void.
[01:11:45.400 --> 01:12:04.400]  So if I, as an agent for the bank, initiated an action, say, of foreclosure based on a document that is void as a matter of law, I am presumed to know that that is void as a matter of law.
[01:12:04.400 --> 01:12:14.400]  So what would be the crime if I tried to steal your property based on void documents?
[01:12:14.400 --> 01:12:16.400]  It used to be in Texas.
[01:12:16.400 --> 01:12:18.400]  It's under forgery and fraud.
[01:12:18.400 --> 01:12:27.400]  It used to be called conversion in Texas and they moved the conversion statute into the theft statute.
[01:12:27.400 --> 01:12:33.400]  3202, it is theft straight up.
[01:12:33.400 --> 01:12:36.400]  We're thinking it.
[01:12:36.400 --> 01:12:38.400]  Go ahead.
[01:12:38.400 --> 01:12:47.400]  In Pennsylvania, under Title 18 and the forgery, it's all about recorded documents that are not correct and they are known not to be correct.
[01:12:47.400 --> 01:12:52.400]  And if you use them in a court or in the public record, you're guilty of forgery also.
[01:12:52.400 --> 01:12:53.400]  Okay.
[01:12:53.400 --> 01:12:54.400]  So that's included.
[01:12:54.400 --> 01:12:55.400]  Perfect.
[01:12:55.400 --> 01:13:07.400]  So then the real remedy there is based on the presumption that they knew precisely that those documents were void,
[01:13:07.400 --> 01:13:11.400]  that they deliberately attempted to steal the property.
[01:13:11.400 --> 01:13:13.400]  Right.
[01:13:13.400 --> 01:13:15.400]  We need to start going after them criminally.
[01:13:15.400 --> 01:13:17.400]  Criminally works.
[01:13:17.400 --> 01:13:18.400]  Oh, yeah.
[01:13:18.400 --> 01:13:19.400]  Oh, yeah.
[01:13:19.400 --> 01:13:23.400]  Oh, I'm not done with that.
[01:13:23.400 --> 01:13:24.400]  Okay.
[01:13:24.400 --> 01:13:29.400]  Leslie, that was absolutely an evil last.
[01:13:29.400 --> 01:13:31.400]  You should go to confession for that last.
[01:13:31.400 --> 01:13:32.400]  Well, I had to be known.
[01:13:32.400 --> 01:13:36.400]  Well, you know, Randy, you said something that spawns a question in my mind.
[01:13:36.400 --> 01:13:44.400]  Question being, what is the incentive of the state to prosecute criminally?
[01:13:44.400 --> 01:13:58.400]  Well, in civil actions, the only revenue generated there to the state is filing fees, as where in fines and penalties that goes to the state.
[01:13:58.400 --> 01:14:00.400]  Now they're making some bucks.
[01:14:00.400 --> 01:14:07.400]  You're making it worth the state's while to go into this because there's going to be some debtors.
[01:14:07.400 --> 01:14:09.400]  There's a pot of gold at the end of this rainbow.
[01:14:09.400 --> 01:14:14.400]  So now the state has the incentive to prosecute criminal.
[01:14:14.400 --> 01:14:16.400]  This is Pennsylvania.
[01:14:16.400 --> 01:14:18.400]  Someone asked me.
[01:14:18.400 --> 01:14:19.400]  Go ahead.
[01:14:19.400 --> 01:14:28.400]  Someone asked me what I would do with my property and my quiet title and everything if it went the wrong way.
[01:14:28.400 --> 01:14:40.400]  And I said, well, I have already let it be known, number one, that anybody that touches that assignment of mortgage that is a forgery and is known in the court to be a forgery and is recorded and testified to be a forgery.
[01:14:40.400 --> 01:14:44.400]  Anybody touches that goes to jail.
[01:14:44.400 --> 01:14:48.400]  Now, when you say a forgery, can you be more explicit?
[01:14:48.400 --> 01:14:51.400]  When I started my quiet title.
[01:14:51.400 --> 01:14:52.400]  Well, I know.
[01:14:52.400 --> 01:14:53.400]  I'm just wanting to hear.
[01:14:53.400 --> 01:14:54.400]  I'm just kidding.
[01:14:54.400 --> 01:14:57.400]  I started on my quiet title.
[01:14:57.400 --> 01:15:08.400]  I, I originally filed against my original lender and the lender, I had gotten a default judgment and then they opened the case.
[01:15:08.400 --> 01:15:19.400]  And when we went to open the case for the hearing to open the case, she stood there in court and said, my client has no interest in this property.
[01:15:19.400 --> 01:15:21.400]  We haven't had any interest for over seven years.
[01:15:21.400 --> 01:15:24.400]  So they reopened the case.
[01:15:24.400 --> 01:15:36.400]  The next day, an assignment of mortgage was created from them through MERS to the current servicer.
[01:15:36.400 --> 01:15:38.400]  And they filed that in.
[01:15:38.400 --> 01:15:39.400]  Why how timely?
[01:15:39.400 --> 01:15:42.400]  Collateral estoppel.
[01:15:42.400 --> 01:15:43.400]  Right.
[01:15:43.400 --> 01:15:46.400]  Leslie, are you familiar with collateral estoppel?
[01:15:46.400 --> 01:15:49.400]  Oh, yes, I've used it in my pleadings.
[01:15:49.400 --> 01:16:02.400]  And then when I filed an emotion for a amended complaint and put in the amended complaint fraud on the court and all this stuff, I got a response back.
[01:16:02.400 --> 01:16:15.400]  This lender with the name had nothing whatsoever to do with that assignment of mortgage dated September 20th, 2012.
[01:16:15.400 --> 01:16:16.400]  Okay, lovely.
[01:16:16.400 --> 01:16:19.400]  Right in the court record.
[01:16:19.400 --> 01:16:32.400]  One of the neat things about that you can add in there as well is that the purpose of the assignment is to memorialize the sale of the tangible promise every note.
[01:16:32.400 --> 01:16:43.400]  So as such, then what they were saying when they filed that assignment was that there was a negotiation trend from delivery of that negotiable instrument at that time.
[01:16:43.400 --> 01:16:45.400]  That they didn't even know.
[01:16:45.400 --> 01:16:47.400]  And we're coming up to the break.
[01:16:47.400 --> 01:16:49.400]  Let's not jump off the cliff this time.
[01:16:49.400 --> 01:16:53.400]  Folks, 512-646-1984 is the number to dial if you'd like to join us.
[01:16:53.400 --> 01:16:58.400]  I see we've got four callers on the line or three callers on the line.
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[01:19:24.400 --> 01:19:28.400]  Well...
[01:19:28.400 --> 01:19:35.400]  You ain't gonna fool me with that same old trick again
[01:19:35.400 --> 01:19:41.400]  I was blindsided, but now I can see your eyes
[01:19:41.400 --> 01:19:46.400]  You put the fear in my pockets, took the money from my hands
[01:19:46.400 --> 01:19:54.400]  Ain't gonna fool me with that same old trick again
[01:19:54.400 --> 01:20:00.400]  You know, on the way out, I said, let's not jump off the cliff, but I did it anyway.
[01:20:00.400 --> 01:20:04.400]  He is very... everybody has to have a skim.
[01:20:04.400 --> 01:20:10.400]  I'm getting that down pat. Two or three more breaks and I'll have it perfected.
[01:20:10.400 --> 01:20:14.400]  As soon as Deborah catches you, she'll have you skimmed alive.
[01:20:14.400 --> 01:20:16.400]  They have me perfected.
[01:20:16.400 --> 01:20:19.400]  Okay.
[01:20:19.400 --> 01:20:23.400]  I think we were... Leslie, did you have anything else for us?
[01:20:23.400 --> 01:20:25.400]  Are we pretty well caught up?
[01:20:25.400 --> 01:20:30.400]  Yeah, pretty much, but like I said, anybody that...
[01:20:30.400 --> 01:20:39.400]  When you can prove that there is fraud and forgery, any assignment of mortgage
[01:20:39.400 --> 01:20:45.400]  because you know when those assignments come in, like when Joe Esquivel does his thing
[01:20:45.400 --> 01:20:52.400]  What kind of thing do you do, Joe?
[01:20:52.400 --> 01:20:56.400]  I don't want to watch him do his thing.
[01:20:56.400 --> 01:21:02.400]  And they come up with all these different names and none of them show up in the record.
[01:21:02.400 --> 01:21:11.400]  You know, you can say, well, how can this person assign it when there were all these other people in between that owned it?
[01:21:11.400 --> 01:21:14.400]  I have a question, Leslie.
[01:21:14.400 --> 01:21:21.400]  Have you crafted a criminal accusation and taken it to the prosecuting attorney?
[01:21:21.400 --> 01:21:25.400]  I have crafted one. I haven't gotten it over there yet.
[01:21:25.400 --> 01:21:27.400]  I suggest you do that.
[01:21:27.400 --> 01:21:38.400]  With this new ruling, there is a good chance that the prosecutor is going to see raw meat and jump right on this
[01:21:38.400 --> 01:21:44.400]  because now he's the champion of the people against no good dirty rotten banks.
[01:21:44.400 --> 01:21:47.400]  I think it's election season, too.
[01:21:47.400 --> 01:21:55.400]  And it also have 18 USC Chapter 4710-21, Leslie, which is federal.
[01:21:55.400 --> 01:21:59.400]  You could throw in.
[01:21:59.400 --> 01:22:01.400]  Just leave those words one more time, Joe.
[01:22:01.400 --> 01:22:10.400]  18 USC Chapter 47 subsection 10-21.
[01:22:10.400 --> 01:22:12.400]  Perfect.
[01:22:12.400 --> 01:22:14.400]  Okay.
[01:22:14.400 --> 01:22:19.400]  There's a thing about Pennsylvania that's different than most states.
[01:22:19.400 --> 01:22:21.400]  In Pennsylvania.
[01:22:21.400 --> 01:22:28.400]  There's a lot of things different about Pennsylvania from most states.
[01:22:28.400 --> 01:22:33.400]  In Pennsylvania, you have standing before a criminal complaint.
[01:22:33.400 --> 01:22:39.400]  The prosecuting attorney in Pennsylvania is given prosecutorial discretion, statutorily.
[01:22:39.400 --> 01:22:46.400]  Now, other states allow prosecutorial discretion, but there's no statutory support for it.
[01:22:46.400 --> 01:22:52.400]  There is in Pennsylvania, the prosecuting attorney has first blush.
[01:22:52.400 --> 01:23:01.400]  He has the authority to look at the complaint and make a determination if there's a sufficient evidence to warrant a prosecution.
[01:23:01.400 --> 01:23:03.400]  Now, that looks like a problem.
[01:23:03.400 --> 01:23:07.400]  It would appear to give the prosecutor complete control over the prosecution.
[01:23:07.400 --> 01:23:09.400]  However, there is a remedy.
[01:23:09.400 --> 01:23:12.400]  And the remedy is that you have standing.
[01:23:12.400 --> 01:23:23.400]  So if you file a complaint with the prosecuting attorney and he refuses to prosecute, then you file an appeal to the court of common police.
[01:23:23.400 --> 01:23:28.400]  And you can appeal that all the way up to the Supreme.
[01:23:28.400 --> 01:23:34.400]  And while I was in Pennsylvania, I looked at how to craft a remedy.
[01:23:34.400 --> 01:23:38.400]  So you file the complaint with the prosecutor.
[01:23:38.400 --> 01:23:44.400]  Prosecutors likely to look at it and say, and I don't really want to take on these big banks.
[01:23:44.400 --> 01:23:46.400]  So I'm going to chicken out.
[01:23:46.400 --> 01:23:55.400]  So then you file an appeal with the court of common police and you file a complaint against the prosecutor with the attorney general in Pennsylvania.
[01:23:55.400 --> 01:24:00.400]  The attorney general has prosecutorial authority.
[01:24:00.400 --> 01:24:15.400]  Unlike Texas, where the only time the attorney general has original jurisdiction in a prosecution is in a complaint against a prosecuting attorney for violating the Open Records Act.
[01:24:15.400 --> 01:24:23.400]  That's the only time in Pennsylvania, your attorney general has prosecutorial authority.
[01:24:23.400 --> 01:24:44.400]  So you file a complaint with the attorney general claiming that the prosecuting attorney did not exercise statutory discretion in that he did not determine whether or not there was sufficient evidence to give a reasonable person of ordinary prudence,
[01:24:44.400 --> 01:24:59.400]  cause to believe that a crime had been committed and the named defendant had committed that crime. But in fact, he exercised prosecutorial caprice in that he decided who he wanted to prosecute and who he did not want to prosecute.
[01:24:59.400 --> 01:25:03.400]  And that is not authority that the statute granted him.
[01:25:03.400 --> 01:25:07.400]  Yeah, he doesn't have discretion over who he goes after.
[01:25:07.400 --> 01:25:15.400]  Once he knows that there's or has reasonable belief to feel that there's been a crime committed, he then has a duty.
[01:25:15.400 --> 01:25:17.400]  Exactly.
[01:25:17.400 --> 01:25:19.400]  That's exactly the word I'd hope you'd use.
[01:25:19.400 --> 01:25:24.400]  So do you ask the attorney general to prosecute, to prosecute?
[01:25:24.400 --> 01:25:27.400]  He is not going to prosecute, to prosecute.
[01:25:27.400 --> 01:25:32.400]  And when he refuses to prosecute, to prosecute, do you file that with the court of common police?
[01:25:32.400 --> 01:25:35.400]  And just work it up to the Supreme?
[01:25:35.400 --> 01:25:36.400]  That's a lot of prosecuting.
[01:25:36.400 --> 01:25:43.400]  The attorney general is not going to be a happy camper.
[01:25:43.400 --> 01:25:53.400]  When you're trying to get the Supreme to rule criminally against him, that's going to create yourself some politics.
[01:25:53.400 --> 01:26:01.400]  He's going to come back to his prosecuting attorney and say, yo, Bubba, I'm getting my behind reamed for protecting you.
[01:26:01.400 --> 01:26:03.400]  You better fix this.
[01:26:03.400 --> 01:26:05.400]  Make this all go away.
[01:26:05.400 --> 01:26:09.400]  This is how the politics works.
[01:26:09.400 --> 01:26:17.400]  So you might get together one, just drop it off at the prosecutor and just start working the routine on him.
[01:26:17.400 --> 01:26:22.400]  Give it an extra reason for these guys to do the right thing.
[01:26:22.400 --> 01:26:26.400]  And they may see the political advantage in it.
[01:26:26.400 --> 01:26:29.400]  Yes, especially in this day and age.
[01:26:29.400 --> 01:26:33.400]  Especially with the ruling you just got.
[01:26:33.400 --> 01:26:37.400]  This is a pretty scathing ruling against MERS.
[01:26:37.400 --> 01:26:39.400]  Absolutely.
[01:26:39.400 --> 01:26:41.400]  My mouth dropped open.
[01:26:41.400 --> 01:26:48.400]  Mrs. Becker said she would dance and pull around and deep in a jiggle around her office two days later.
[01:26:48.400 --> 01:26:50.400]  She is absolutely a hero.
[01:26:50.400 --> 01:26:56.400]  She's the only one so far who's really clobbered MERS.
[01:26:56.400 --> 01:27:00.400]  And it goes for the entire state, not just Montgomery County.
[01:27:00.400 --> 01:27:04.400]  What is the likelihood of appeal?
[01:27:04.400 --> 01:27:06.400]  I think they're considering it.
[01:27:06.400 --> 01:27:10.400]  They only have 30 days to file a notice of appeal.
[01:27:10.400 --> 01:27:17.400]  But because if you read the memorandum, we went down the law and the case law line by line.
[01:27:17.400 --> 01:27:22.400]  There's no way they have any room for an appeal.
[01:27:22.400 --> 01:27:25.400]  Let's say ask for the law.
[01:27:25.400 --> 01:27:28.400]  You have the order there.
[01:27:28.400 --> 01:27:31.400]  You have the memorandum in the order there.
[01:27:31.400 --> 01:27:34.400]  So you can look through it. It's pretty solid.
[01:27:34.400 --> 01:27:36.400]  Well, they can file their...
[01:27:36.400 --> 01:27:38.400]  I don't know if they'd have to...
[01:27:38.400 --> 01:27:41.400]  Would they still have to file an appeal bond, Randy?
[01:27:41.400 --> 01:27:43.400]  If they appealed, I would think so.
[01:27:43.400 --> 01:27:45.400]  I'm certain they would.
[01:27:45.400 --> 01:27:52.400]  So all they'd have to do would be to file their notice of appeal in a bond.
[01:27:52.400 --> 01:27:58.400]  And then they'd take their time in answering it, in writing their...
[01:27:58.400 --> 01:28:00.400]  They'd have...
[01:28:00.400 --> 01:28:02.400]  Yeah, no, they're...
[01:28:02.400 --> 01:28:06.400]  No, they have other considerations.
[01:28:06.400 --> 01:28:08.400]  This is just...
[01:28:08.400 --> 01:28:11.400]  They still haven't been adjudicated for the amount.
[01:28:11.400 --> 01:28:14.400]  They need the amount of money.
[01:28:14.400 --> 01:28:16.400]  No, there's something else.
[01:28:16.400 --> 01:28:21.400]  This is a local ruling. It's not sightable law.
[01:28:21.400 --> 01:28:26.400]  If they appeal it, then it becomes sightable law.
[01:28:26.400 --> 01:28:29.400]  Right. And so it's precedence.
[01:28:29.400 --> 01:28:31.400]  So they may not appeal it...
[01:28:31.400 --> 01:28:37.400]  It's in the U.S. District Court in the Philadelphia Court.
[01:28:37.400 --> 01:28:40.400]  It's still just a district court ruling.
[01:28:40.400 --> 01:28:42.400]  They can't be cited.
[01:28:42.400 --> 01:28:44.400]  Yeah, it's not...
[01:28:44.400 --> 01:28:50.400]  Well, it can be cited, and if it's cited, the court, you should...
[01:28:50.400 --> 01:28:57.400]  If you're using something from a district-level court, that's actually a lower-level court.
[01:28:57.400 --> 01:29:04.400]  It can be taken upon advisement by request for judicial notice.
[01:29:04.400 --> 01:29:11.400]  But you don't get into controlling case law until you get to the appellate or supreme level.
[01:29:11.400 --> 01:29:14.400]  Yeah, the judge must determine the facts in accordance with the rules of evidence
[01:29:14.400 --> 01:29:18.400]  and apply the laws that comes to him to the facts in the case.
[01:29:18.400 --> 01:29:22.400]  The judge does not constitute law coming to him.
[01:29:22.400 --> 01:29:25.400]  And they may decide to eat this one and just say, okay.
[01:29:25.400 --> 01:29:29.400]  It would be in their best interest, too, because if they do take it to the appellate level
[01:29:29.400 --> 01:29:31.400]  and get their facts cited to them...
[01:29:31.400 --> 01:29:42.400]  Yeah, and now they set precedence, and everybody is going to beat MERS over the head with this brick.
[01:29:42.400 --> 01:29:44.400]  Well, the storm you have created...
[01:29:44.400 --> 01:29:47.400]  Randy, you take us out. I jump off the cliff too much.
[01:29:47.400 --> 01:29:53.400]  Basically, you're going to have to go to confession twice for that second evil laugh.
[01:29:53.400 --> 01:29:59.400]  This is Randy Kelton. Steve Skidmore, Joe Esquivel, Ruva Radio. We'll be right back.
[01:30:03.400 --> 01:30:07.400]  Listen up, Brainiacs. Chewing gum may not be so good the night before a test.
[01:30:07.400 --> 01:30:12.400]  In fact, new research shows it could actually impair your short-term memory.
[01:30:12.400 --> 01:30:16.400]  And Dr. Catherine Albrecht, back to burst your bubble gum bubble right after this.
[01:30:16.400 --> 01:30:22.400]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[01:30:22.400 --> 01:30:27.400]  And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[01:30:27.400 --> 01:30:32.400]  So protect your rights. Say no to surveillance and keep your information to yourself.
[01:30:32.400 --> 01:30:35.400]  Privacy. It's worth hanging on to.
[01:30:35.400 --> 01:30:42.400]  This message is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing.
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[01:31:22.400 --> 01:31:27.400]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[01:31:30.400 --> 01:31:36.400]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:36.400 --> 01:31:43.400]  The government says that fire brought it down. However, 1,500 architects and engineers have concluded it was a controlled demolition.
[01:31:43.400 --> 01:31:46.400]  Over 6,000 of my fellow service members have given their lives.
[01:31:46.400 --> 01:31:49.400]  Thousands of my fellow first responders have died.
[01:31:49.400 --> 01:31:50.400]  I'm not a conspiracy theorist.
[01:31:50.400 --> 01:31:51.400]  I'm a structural engineer.
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[01:31:55.400 --> 01:31:58.400]  We are Americans, and we deserve the truth.
[01:31:58.400 --> 01:32:01.400]  Go to RememberBuilding7.org today.
[01:32:01.400 --> 01:32:05.400]  After work, I'm so tired that I want to be left alone to sleep.
[01:32:05.400 --> 01:32:06.400]  Hey, listen to me.
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[01:32:36.400 --> 01:32:38.400]  cancer and most major diseases.
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[01:33:17.400 --> 01:33:34.400]  Okay.
[01:33:34.400 --> 01:33:35.400]  We are back.
[01:33:35.400 --> 01:33:40.400]  Randy Kelton, Joe Esquivel, Steve Skidmore, who's on radio and we're talking to Leslie
[01:33:40.400 --> 01:33:43.400]  in Pennsylvania.
[01:33:43.400 --> 01:33:47.400]  Just one more thing, Leslie, your own case.
[01:33:47.400 --> 01:33:50.400]  I understand you've got a negative ruling in your case.
[01:33:50.400 --> 01:33:54.400]  Will you kind of give us a quick update on that?
[01:33:54.400 --> 01:33:55.400]  Yeah.
[01:33:55.400 --> 01:34:00.400]  We got a summary judgment that was in favor of the other guy.
[01:34:00.400 --> 01:34:02.400]  The one that has the forgery.
[01:34:02.400 --> 01:34:04.400]  They wouldn't even look at the forgery.
[01:34:04.400 --> 01:34:06.400]  They wouldn't look at anything like that.
[01:34:06.400 --> 01:34:12.400]  They just went just on his whatever he said, just like I didn't exist.
[01:34:12.400 --> 01:34:14.400]  At least not so any of my paperwork existed.
[01:34:14.400 --> 01:34:16.400]  So anyway, I'm going to appeal.
[01:34:16.400 --> 01:34:24.400]  I put in my notice of appeal already and I got an attorney to assist me and he's going
[01:34:24.400 --> 01:34:28.400]  to be looking over my shoulder and reviewing my work for me.
[01:34:28.400 --> 01:34:30.400]  So that would be most helpful.
[01:34:30.400 --> 01:34:36.400]  Oh, so he's acting not in representative capacity but as assistance of counsel.
[01:34:36.400 --> 01:34:37.400]  Nice.
[01:34:37.400 --> 01:34:39.400]  Assistance of counsel.
[01:34:39.400 --> 01:34:48.400]  Also, in this Becker v. MERS, this case has three other decisions in it.
[01:34:48.400 --> 01:34:56.400]  Before the one in June, there was one in April, one in December, and one in October of 2012.
[01:34:56.400 --> 01:35:00.400]  And I have been quoting this case all through my case.
[01:35:00.400 --> 01:35:02.400]  Were these in the laboratories?
[01:35:02.400 --> 01:35:09.400]  Yes, they were coming.
[01:35:09.400 --> 01:35:12.400]  They were answers from preliminary objections, motions to dismiss under this, motions to dismiss under that, motions.
[01:35:12.400 --> 01:35:15.400]  And it came back with, yes, they have to be recorded.
[01:35:15.400 --> 01:35:17.400]  Every single one of them must be recorded.
[01:35:17.400 --> 01:35:24.400]  And yes, Mrs. Becker, can anybody with any interest can file for a quiet title against the property,
[01:35:24.400 --> 01:35:31.400]  whether you own an interest or own property, as long as you have an interest in the property.
[01:35:31.400 --> 01:35:34.400]  It doesn't have to be an ownership interest.
[01:35:34.400 --> 01:35:45.400]  See, I've been saying for years, particularly in leantary states, that is non-judicial foreclosure states,
[01:35:45.400 --> 01:35:55.400]  that someone purporting to have a claim against real property should be compelled to go through before filing
[01:35:55.400 --> 01:36:04.400]  or before going through a foreclosure process, should be filing a suit for trespass to try a title.
[01:36:04.400 --> 01:36:10.400]  So they can prove going into it at the interim that they have the right to do it.
[01:36:10.400 --> 01:36:15.400]  But they know they don't have the right to do it, so they dare not go through the process of proving to the court
[01:36:15.400 --> 01:36:18.400]  that they don't have an interest in the property.
[01:36:18.400 --> 01:36:24.400]  But prove that the other party has not acquired any rights lawfully in accordance.
[01:36:24.400 --> 01:36:30.400]  If you argue in the negatives, it's easier to prove a negative than a positive.
[01:36:30.400 --> 01:36:31.400]  Sometimes.
[01:36:31.400 --> 01:36:32.400]  In some cases.
[01:36:32.400 --> 01:36:34.400]  In some cases.
[01:36:34.400 --> 01:36:38.400]  For example, you go get a certified copy of everything in the record.
[01:36:38.400 --> 01:36:44.400]  You can prove that there's nothing in the record to memorialize the transfer of any viable interest.
[01:36:44.400 --> 01:36:48.400]  And acquiring of any rights pursuance to the court is the law.
[01:36:48.400 --> 01:36:57.400]  And quiet title is kind of a sneak attack because you're not asking the court to rule that the bank doesn't have a claim.
[01:36:57.400 --> 01:37:03.400]  The claim don't have a claim to the note itself.
[01:37:03.400 --> 01:37:11.400]  All you're asking the court to rule on is the sufficiency of the filing of this particular document.
[01:37:11.400 --> 01:37:18.400]  You look at the four corners of the document, does this meet the statutory filing requirements?
[01:37:18.400 --> 01:37:21.400]  That's all you're asking the judge to rule on.
[01:37:21.400 --> 01:37:24.400]  Do not let him rule on anything else.
[01:37:24.400 --> 01:37:33.400]  If he makes any claim, any ruling concerning the underlying obligation, he's screwing up your quiet title.
[01:37:33.400 --> 01:37:41.400]  Only asking to rule on the four corners of this document as it relates to the filing requirements.
[01:37:41.400 --> 01:37:44.400]  You get a positive ruling on that.
[01:37:44.400 --> 01:37:46.400]  You're leveling the cloud.
[01:37:46.400 --> 01:37:49.400]  That will quiet the cloud on title.
[01:37:49.400 --> 01:37:55.400]  It will have given you remedy to go forth and with the quiet title as an action.
[01:37:55.400 --> 01:38:00.400]  So, yeah, now when you go to court, it's kind of resjudicata.
[01:38:00.400 --> 01:38:01.400]  Yeah.
[01:38:01.400 --> 01:38:03.400]  It's like a collateral estoppel.
[01:38:03.400 --> 01:38:04.400]  Yeah.
[01:38:04.400 --> 01:38:09.400]  Well, we got that now anyway.
[01:38:09.400 --> 01:38:12.400]  But they didn't, you know, like I said, they didn't look at the forgery.
[01:38:12.400 --> 01:38:25.400]  And like I said, it was admitted right in the record that this party that's recorded as being the assigneur said they have nothing but to do with it.
[01:38:25.400 --> 01:38:26.400]  Hold on.
[01:38:26.400 --> 01:38:27.400]  No wonder.
[01:38:27.400 --> 01:38:28.400]  Okay.
[01:38:28.400 --> 01:38:31.400]  You shouldn't have looked at the forgery.
[01:38:31.400 --> 01:38:35.400]  Wasn't the right place to bring it.
[01:38:35.400 --> 01:38:38.400]  That should have been called a quiet title action.
[01:38:38.400 --> 01:38:50.400]  When a document is filed in the public record, it is presumed to be regular unless the document's challenged.
[01:38:50.400 --> 01:38:59.400]  Quiet title or trespass to try title in Texas is the way to challenge the sufficiency of the document.
[01:38:59.400 --> 01:39:04.400]  When the court judgment would do that prior to the quiet action.
[01:39:04.400 --> 01:39:15.400]  When he comes into court, if the document resides in the record and has not been challenged, the court must presume that the document's regular.
[01:39:15.400 --> 01:39:23.400]  So the remedy would be to go back and challenge that separately in a quiet title action.
[01:39:23.400 --> 01:39:31.400]  But doesn't he say, well, that's just you to kind of because you already quite you already went through a quiet title and we threw it out.
[01:39:31.400 --> 01:39:34.400]  You went through quiet title as a cause of action.
[01:39:34.400 --> 01:39:43.400]  Go for slander a title and use declaratory judgment to quiet the cloud on title with the color of title claim.
[01:39:43.400 --> 01:39:46.400]  Here's who you bring the clerk in.
[01:39:46.400 --> 01:39:48.400]  The difference. There you go.
[01:39:48.400 --> 01:40:10.400]  The difference between the end result of a quiet title action versus that of a slander slander on title suit is that you're seeking quiet title in the quiet title action as where quiet title is a result of the slander on your title.
[01:40:10.400 --> 01:40:12.400]  Did that make sense?
[01:40:12.400 --> 01:40:18.400]  Someone is attempting to have a superior claim to the lean on your property.
[01:40:18.400 --> 01:40:20.400]  So they are slandering.
[01:40:20.400 --> 01:40:25.400]  You have an a marketable clear title.
[01:40:25.400 --> 01:40:33.400]  So you're disputing their claim using statutory requirements of law.
[01:40:33.400 --> 01:40:36.400]  Did they acquire rights in accordance with laws?
[01:40:36.400 --> 01:40:38.400]  What you're asking the courts?
[01:40:38.400 --> 01:40:42.400]  You're not disputing a debt.
[01:40:42.400 --> 01:40:43.400]  Correct.
[01:40:43.400 --> 01:40:48.400]  You're merely disputing a claim filed in the record.
[01:40:48.400 --> 01:40:54.400]  And in this case, you're not even saying they don't have a claim.
[01:40:54.400 --> 01:40:58.400]  You're saying they just didn't file it right.
[01:40:58.400 --> 01:41:05.400]  Was your quiet title action dismissed with or without prejudice?
[01:41:05.400 --> 01:41:10.400]  It wasn't dismissed. They found a summary judgment in favor of the defendant.
[01:41:10.400 --> 01:41:12.400]  Okay, okay.
[01:41:12.400 --> 01:41:14.400]  Did you probably use the...
[01:41:14.400 --> 01:41:16.400]  Basically what they said it was...
[01:41:16.400 --> 01:41:29.400]  Basically what the defendant said, the one that nosed in under the tent, because I filed against the original lender and the servicer came in with the nose under the tent with this forged document.
[01:41:29.400 --> 01:41:30.400]  Gotcha.
[01:41:30.400 --> 01:41:40.400]  And basically when I filed my quiet title, I had not filed a lawsuit against the original lender before that.
[01:41:40.400 --> 01:41:47.400]  Because I wanted to file against her in the county court because it was the only recorded interest.
[01:41:47.400 --> 01:41:51.400]  And that's who I filed the quiet title against the recorded interest.
[01:41:51.400 --> 01:41:53.400]  I didn't file against anybody else.
[01:41:53.400 --> 01:42:00.400]  And then this other lender or the servicer stuck their nose under the tent and filed this other document in the record.
[01:42:00.400 --> 01:42:04.400]  Wait, did they file a petition in the division?
[01:42:04.400 --> 01:42:11.400]  Yes, they tried that, but then they pressed the P to intervene.
[01:42:11.400 --> 01:42:18.400]  And then when they did that, they put it in the institutional office.
[01:42:18.400 --> 01:42:20.400]  Yes, okay.
[01:42:20.400 --> 01:42:44.400]  And then they also put in a counter claim and they said that I had no right to file against them because I had already gone, had all my questions against sitting mortgage adjudicated in federal court where I filed all my TILA lawsuits against the unrequited interest.
[01:42:44.400 --> 01:42:45.400]  TILA's just...
[01:42:45.400 --> 01:42:48.400]  So they said it was rest of the product.
[01:42:48.400 --> 01:42:57.400]  Yes, but they said it was rest of the product because I already went to court with them and in the federal court, I couldn't come in and quiet title.
[01:42:57.400 --> 01:42:59.400]  It made no sense to me.
[01:42:59.400 --> 01:43:01.400]  No, that doesn't make it TILA.
[01:43:01.400 --> 01:43:07.400]  I hope TILA rest doesn't have anything to do with the statutory filing requirements.
[01:43:07.400 --> 01:43:12.400]  Well, not only that, there was no assignment or mortgage at that time.
[01:43:12.400 --> 01:43:16.400]  There was nothing until 2012.
[01:43:16.400 --> 01:43:22.400]  In October of 2012 is when they got the assignment and mortgage.
[01:43:22.400 --> 01:43:32.400]  So how can something decided in March of 2011 rest due to CAUTA and assignment and mortgage in 2012?
[01:43:32.400 --> 01:43:34.400]  It makes no sense to me.
[01:43:34.400 --> 01:43:38.400]  So that's why I said I have a lot in my appeal.
[01:43:38.400 --> 01:43:42.400]  The appeal is where the action is anyway.
[01:43:42.400 --> 01:43:44.400]  Okay.
[01:43:44.400 --> 01:43:48.400]  Thank you, Leslie. We do need to move on. We've got a bunch of callers.
[01:43:48.400 --> 01:43:53.400]  And you need to come by more often.
[01:43:53.400 --> 01:43:56.400]  Now, I'll try. I'll just give away a lot.
[01:43:56.400 --> 01:44:00.400]  Okay, you'll be right back.
[01:44:00.400 --> 01:44:04.400]  You feel tired when talking about important topics like money and politics?
[01:44:04.400 --> 01:44:08.400]  Are you confused by words like the Constitution or the Federal Reserve?
[01:44:08.400 --> 01:44:12.400]  If so, you may be diagnosed with the deadliest disease known today.
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[01:45:00.400 --> 01:45:04.400]  Are you the plaintiff or defendant in a lawsuit?
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[01:46:23.400 --> 01:46:29.400]  Okay, cut my smarts in the wrong way. Come on.
[01:46:29.400 --> 01:46:31.400]  Sting, Jerry, come on.
[01:46:31.400 --> 01:46:37.400]  As we so, so shall we be.
[01:46:37.400 --> 01:46:42.400]  There was a nutrition, but so many fruits, no words to put on.
[01:46:42.400 --> 01:46:45.400]  Oh, well, you're not gonna eat.
[01:46:45.400 --> 01:46:46.400]  You might come and call a doctor.
[01:46:46.400 --> 01:46:54.400]  But you're a gypsy. That's my step-to-gyanny.
[01:46:54.400 --> 01:46:56.400]  Okay, we are back.
[01:46:56.400 --> 01:47:00.400]  Randy Kelton, Bo Escalel, Steve Skidmore, rule of law radio,
[01:47:00.400 --> 01:47:02.400]  and we're gonna go to the call boards.
[01:47:02.400 --> 01:47:05.400]  And Leslie's still on the line.
[01:47:05.400 --> 01:47:10.400]  If you have a question for her concerning this suit in Pennsylvania,
[01:47:10.400 --> 01:47:13.400]  she'll be here to take some questions.
[01:47:13.400 --> 01:47:16.400]  We're going to Joe in California. Hello, Joe.
[01:47:16.400 --> 01:47:19.400]  What do you have for us today?
[01:47:19.400 --> 01:47:21.400]  How are you? Can you hear me?
[01:47:21.400 --> 01:47:22.400]  Just fine.
[01:47:22.400 --> 01:47:23.400]  Can you hear me?
[01:47:23.400 --> 01:47:24.400]  Just fine.
[01:47:24.400 --> 01:47:25.400]  Okay.
[01:47:25.400 --> 01:47:27.400]  I have basic basic questions.
[01:47:27.400 --> 01:47:30.400]  I'm fighting the house.
[01:47:30.400 --> 01:47:34.400]  I wanted to, I have, my mom, I owe her some money.
[01:47:34.400 --> 01:47:38.400]  So I wanted her to sue me so if they ever lose the house she can collect.
[01:47:38.400 --> 01:47:40.400]  Is there a way to do that?
[01:47:40.400 --> 01:47:43.400]  I understand you're, you're very good at that, Randy.
[01:47:43.400 --> 01:47:45.400]  How would I do that?
[01:47:45.400 --> 01:47:47.400]  Wait, I'm not sure what you're asking.
[01:47:47.400 --> 01:47:49.400]  What, your mother to sue you?
[01:47:49.400 --> 01:47:51.400]  Yeah, I owe her a certain amount.
[01:47:51.400 --> 01:47:55.400]  I think I owe her like $180,000, I think it is, $180,000.
[01:47:55.400 --> 01:47:57.400]  There's, I'm fighting the house.
[01:47:57.400 --> 01:47:59.400]  I'm not saying I'm going to lose it.
[01:47:59.400 --> 01:48:02.400]  But in case I do lose it, I would rather her, you know,
[01:48:02.400 --> 01:48:05.400]  that she have a lien on the property.
[01:48:05.400 --> 01:48:09.400]  Is there a lien against the property now?
[01:48:09.400 --> 01:48:11.400]  No, no, right now they have no lien.
[01:48:11.400 --> 01:48:12.400]  No, no.
[01:48:12.400 --> 01:48:15.400]  So there's no mortgage or anything against it?
[01:48:15.400 --> 01:48:17.400]  No, no.
[01:48:17.400 --> 01:48:19.400]  She didn't, she didn't have to sue me.
[01:48:19.400 --> 01:48:21.400]  You can just file a...
[01:48:21.400 --> 01:48:22.400]  Wait a minute, that doesn't make sense.
[01:48:22.400 --> 01:48:23.400]  No.
[01:48:23.400 --> 01:48:25.400]  You mean to tell me that you're...
[01:48:25.400 --> 01:48:28.400]  Wait a minute, I'm not putting out.
[01:48:28.400 --> 01:48:29.400]  That doesn't make any sense.
[01:48:29.400 --> 01:48:37.400]  You mean to tell me that you're in the United States and you don't owe anything on your house?
[01:48:37.400 --> 01:48:38.400]  No, no, no, no, no, no.
[01:48:38.400 --> 01:48:40.400]  I'm being foreclosed on that.
[01:48:40.400 --> 01:48:41.400]  I'm saying I'm fighting...
[01:48:41.400 --> 01:48:42.400]  Oh, okay.
[01:48:42.400 --> 01:48:45.400]  So there is a lien on the house.
[01:48:45.400 --> 01:48:46.400]  There is no lien.
[01:48:46.400 --> 01:48:48.400]  I owe, like, I think I owe...
[01:48:48.400 --> 01:48:53.400]  If it's in foreclosure, I guarantee you there's a lien on the house and it's being invoked.
[01:48:53.400 --> 01:48:55.400]  And you have a deed of trust.
[01:48:55.400 --> 01:48:57.400]  The deed of trust is a lien.
[01:48:57.400 --> 01:48:58.400]  Yep.
[01:48:58.400 --> 01:49:02.400]  And there's nothing you can do to get in front of that lien.
[01:49:02.400 --> 01:49:09.400]  If your mother's Susan gets a claim against the property, it stands behind the deed of trust.
[01:49:09.400 --> 01:49:16.400]  First in time is first in line and it won't help a bit.
[01:49:16.400 --> 01:49:17.400]  Okay.
[01:49:17.400 --> 01:49:18.400]  Man.
[01:49:18.400 --> 01:49:19.400]  Okay.
[01:49:19.400 --> 01:49:20.400]  I just...
[01:49:20.400 --> 01:49:21.400]  That was my question.
[01:49:21.400 --> 01:49:31.400]  My question number two is trying to find an attorney or a pro-sale litigant that can help me in terms of...
[01:49:31.400 --> 01:49:32.400]  They call it...
[01:49:32.400 --> 01:49:37.400]  My memory is gone today.
[01:49:37.400 --> 01:49:40.400]  I kind of had this.
[01:49:40.400 --> 01:49:42.400]  There's different ways to...
[01:49:42.400 --> 01:49:43.400]  Wait a minute.
[01:49:43.400 --> 01:49:46.400]  Who is the lender?
[01:49:46.400 --> 01:49:50.400]  The lender is PHA's mortgage.
[01:49:50.400 --> 01:49:51.400]  PHA.
[01:49:51.400 --> 01:49:54.400]  Is that the original lender?
[01:49:54.400 --> 01:49:55.400]  Yes.
[01:49:55.400 --> 01:49:58.400]  But right now I have, obviously, a debt collector.
[01:49:58.400 --> 01:49:59.400]  It's an attorney.
[01:49:59.400 --> 01:50:00.400]  Okay.
[01:50:00.400 --> 01:50:07.400]  Have you looked in the county recorder's office and pulled all the documents that are filed there?
[01:50:07.400 --> 01:50:10.400]  I have stopped them, but not all of them.
[01:50:10.400 --> 01:50:11.400]  Okay.
[01:50:11.400 --> 01:50:14.400]  Who is doing the foreclosure against you?
[01:50:14.400 --> 01:50:18.400]  Is it the original lender or is it some other company?
[01:50:18.400 --> 01:50:19.400]  No, it's some other company.
[01:50:19.400 --> 01:50:21.400]  It's a group of attorney.
[01:50:21.400 --> 01:50:22.400]  No, no, no.
[01:50:22.400 --> 01:50:26.400]  The group of attorneys are acting as agents for someone.
[01:50:26.400 --> 01:50:28.400]  Who is the plaintiff?
[01:50:28.400 --> 01:50:35.400]  Who is the company for whom the attorneys are foreclosure?
[01:50:35.400 --> 01:50:40.400]  Yeah, they're called NDES, index, index.
[01:50:40.400 --> 01:50:41.400]  Index?
[01:50:41.400 --> 01:50:42.400]  Yeah.
[01:50:42.400 --> 01:50:43.400]  That's weird.
[01:50:43.400 --> 01:50:46.400]  Index is a document mailbook.
[01:50:46.400 --> 01:50:49.400]  NDES is the...
[01:50:49.400 --> 01:50:53.400]  But I think they have attorneys because they call them every couple of weeks.
[01:50:53.400 --> 01:50:54.400]  I don't know.
[01:50:54.400 --> 01:50:57.400]  We're going to something else.
[01:50:57.400 --> 01:51:05.400]  One thing I want to find out is the original lender who gave you the loan still in business?
[01:51:05.400 --> 01:51:07.400]  That's a good question.
[01:51:07.400 --> 01:51:10.400]  That would be PHH, and I have no idea.
[01:51:10.400 --> 01:51:15.400]  I think they are because I went to their website and it looks like they're active.
[01:51:15.400 --> 01:51:19.400]  I mean, if they're doing business, giving them loans, doing whatever they have to do.
[01:51:19.400 --> 01:51:29.400]  Has this company transferred or assigned the security instrument to someone else by the court record?
[01:51:29.400 --> 01:51:31.400]  Yeah.
[01:51:31.400 --> 01:51:33.400]  Okay, hold on.
[01:51:33.400 --> 01:51:34.400]  I don't know.
[01:51:34.400 --> 01:51:35.400]  Hold on.
[01:51:35.400 --> 01:51:41.400]  Have you went to the county recorder and pulled the documents that are filed in the county recorder's office?
[01:51:41.400 --> 01:51:44.400]  I did pull some, but I don't remember any.
[01:51:44.400 --> 01:51:46.400]  That would be called what, an assignment?
[01:51:46.400 --> 01:51:47.400]  Yes.
[01:51:47.400 --> 01:51:48.400]  Yes.
[01:51:48.400 --> 01:51:50.400]  I don't have to go back and look.
[01:51:50.400 --> 01:51:52.400]  I don't remember any, but I'm sure...
[01:51:52.400 --> 01:51:53.400]  Okay.
[01:51:53.400 --> 01:52:00.400]  What I suggest, I just got a website up, freemortgithelp.org.
[01:52:00.400 --> 01:52:02.400]  Freemortgithelp.org.
[01:52:02.400 --> 01:52:05.400]  Go to freemortgithelp.org.
[01:52:05.400 --> 01:52:10.400]  Just about everything I know about foreclosures on that site.
[01:52:10.400 --> 01:52:11.400]  Okay.
[01:52:11.400 --> 01:52:24.400]  Then it'll give you some idea of what to do, some of the things you need to do in order to determine what your position is.
[01:52:24.400 --> 01:52:32.400]  From the way you're answering these questions, you don't know anywhere near enough to fight this foreclosure and need help.
[01:52:32.400 --> 01:52:33.400]  Not pro say, no.
[01:52:33.400 --> 01:52:44.400]  Yes, so you might want to call Joe or send me an email, but go look on that site and that'll give you a lot of information.
[01:52:44.400 --> 01:52:49.400]  It'll give you an idea of some of the potential remedies that are out there.
[01:52:49.400 --> 01:53:04.400]  For instance, we look at all the documents in the county record and send a notary request to every notary that has notarized a document asking for their lecture.
[01:53:04.400 --> 01:53:13.400]  You send a request to everyone who signed a document, you send it to the company they signed for asking for power of attorney.
[01:53:13.400 --> 01:53:24.400]  You send a debt validation letter, you send a qualified written request, you send a UCC 3-501 letter.
[01:53:24.400 --> 01:53:31.400]  There's a lot of things you can send to start establishing a position so you can take action.
[01:53:31.400 --> 01:53:41.400]  Depending on what you find in the record, if you find that there are recorded assignments or if the original company is not one of the major banks,
[01:53:41.400 --> 01:53:46.400]  if it's a mortgage company, you can almost bet that they sold the note.
[01:53:46.400 --> 01:53:49.400]  Then you contact Joe for a securities audit.
[01:53:49.400 --> 01:53:54.400]  This will give you some claims you can use to stop these guys with.
[01:53:54.400 --> 01:53:59.400]  How long before they foreclose?
[01:53:59.400 --> 01:54:12.400]  I have almost 20 years without paying but I think in August.
[01:54:12.400 --> 01:54:15.400]  For what do you call it?
[01:54:15.400 --> 01:54:17.400]  The trustee sale, yes.
[01:54:17.400 --> 01:54:23.400]  I'm not sure yet because I called this week or last week and they said they don't have a date yet.
[01:54:23.400 --> 01:54:26.400]  So every week I try to call them out just in case.
[01:54:26.400 --> 01:54:31.400]  Okay, have you asked for a loan modification?
[01:54:31.400 --> 01:54:35.400]  I've already gotten one like two or three years ago.
[01:54:35.400 --> 01:54:37.400]  Have you asked for another?
[01:54:37.400 --> 01:54:39.400]  I'm sorry?
[01:54:39.400 --> 01:54:42.400]  Have you asked for another?
[01:54:42.400 --> 01:54:44.400]  For a loan mod?
[01:54:44.400 --> 01:54:47.400]  Okay, got you.
[01:54:47.400 --> 01:54:48.400]  And then who do I call?
[01:54:48.400 --> 01:54:50.400]  The debt collector?
[01:54:50.400 --> 01:54:51.400]  Don't call.
[01:54:51.400 --> 01:54:56.400]  Don't call if you can avoid it, always do everything in writing.
[01:54:56.400 --> 01:55:00.400]  If you do call, make sure you record the conversation.
[01:55:00.400 --> 01:55:01.400]  Okay, got you.
[01:55:01.400 --> 01:55:09.400]  And while you're in the process of going through the application for modification,
[01:55:09.400 --> 01:55:13.400]  if that holds them off long enough, what do you need?
[01:55:13.400 --> 01:55:18.400]  Joe, a couple of weeks, you're in luck because Joe Esquivel,
[01:55:18.400 --> 01:55:23.400]  sitting here to my right, is a licensed private investigator.
[01:55:23.400 --> 01:55:29.400]  Licensed private investigator with specific knowledge in mortgage fraud, foreclosure fraud,
[01:55:29.400 --> 01:55:32.400]  and fraud in the secondary securities markets.
[01:55:32.400 --> 01:55:40.400]  So while you've got a little window of time, that would be a perfect opportunity for you to get some evidence
[01:55:40.400 --> 01:55:49.400]  competent to take place on the record of evidence in your case when you see these guys.
[01:55:49.400 --> 01:55:51.400]  Got you.
[01:55:51.400 --> 01:55:54.400]  And Joe, what's your number?
[01:55:54.400 --> 01:55:55.400]  Yes.
[01:55:55.400 --> 01:55:57.400]  My number is 818.
[01:55:57.400 --> 01:55:58.400]  No, no, no, no.
[01:55:58.400 --> 01:56:00.400]  Not your number, Joe, in California.
[01:56:00.400 --> 01:56:02.400]  I'm talking about Joe Esquivel.
[01:56:02.400 --> 01:56:06.400]  Get your pencil out, Joe, in California, and write this number down.
[01:56:06.400 --> 01:56:10.400]  A couple of things, you can check out the website as well.
[01:56:10.400 --> 01:56:11.400]  Got you.
[01:56:11.400 --> 01:56:18.400]  The website is mortgagecomplianceinvestigators.com.
[01:56:18.400 --> 01:56:23.400]  Mortgagecomplianceinvestigators.com.
[01:56:23.400 --> 01:56:24.400]  Come on.
[01:56:24.400 --> 01:56:25.400]  Okay, got a call.
[01:56:25.400 --> 01:56:28.400]  I mean, I'm sorry, I'll go to the website.
[01:56:28.400 --> 01:56:31.400]  Okay, does Joe do quite that or no?
[01:56:31.400 --> 01:56:33.400]  Isn't that the same, Joe?
[01:56:33.400 --> 01:56:34.400]  Joe's a private investigator.
[01:56:34.400 --> 01:56:37.400]  I'm not an attorney.
[01:56:37.400 --> 01:56:44.400]  What he's going to do is take a look at, you know, Randy suggested going to his website.
[01:56:44.400 --> 01:56:50.400]  I'm sure he's got some documents on there that you can download and send requests for
[01:56:50.400 --> 01:56:56.400]  debt validation pursuant to 15 USC 1692G.
[01:56:56.400 --> 01:57:03.400]  You've got template documents on there to just about any kind of request issue, don't you, Randy?
[01:57:03.400 --> 01:57:07.400]  I've got the one for the notary.
[01:57:07.400 --> 01:57:13.400]  If the notary doesn't respond, then you send one to the secretary of state, and there's
[01:57:13.400 --> 01:57:16.400]  a blank, the secretary of state.
[01:57:16.400 --> 01:57:17.400]  Okay.
[01:57:17.400 --> 01:57:22.400]  If the notary goes out of business, they're required to take their ledger and give it to
[01:57:22.400 --> 01:57:23.400]  the clerk.
[01:57:23.400 --> 01:57:24.400]  County clerk.
[01:57:24.400 --> 01:57:25.400]  They never do.
[01:57:25.400 --> 01:57:26.400]  Yeah.
[01:57:26.400 --> 01:57:32.400]  So what this does for you is establishes prima facie on the face of it.
[01:57:32.400 --> 01:57:37.400]  You have a notary's acknowledgement on this document where we have reason to believe that
[01:57:37.400 --> 01:57:39.400]  most of those are fraudulent.
[01:57:39.400 --> 01:57:47.400]  So you can go to the court and say, oh, this guy's a robo son, or why his name's splattered
[01:57:47.400 --> 01:57:48.400]  all over the internet.
[01:57:48.400 --> 01:57:51.400]  And the judge is going to say, so what?
[01:57:51.400 --> 01:57:56.400]  That doesn't mean that in this particular case, he didn't have authority to sign this
[01:57:56.400 --> 01:57:59.400]  or that the notary wasn't a proper notary.
[01:57:59.400 --> 01:58:01.400]  You didn't do it right.
[01:58:01.400 --> 01:58:07.400]  So he sent a letter to the notary asking the notary for a copy of their ledger from a day
[01:58:07.400 --> 01:58:12.400]  before to a day after the date on this document.
[01:58:12.400 --> 01:58:15.400]  You don't get it back.
[01:58:15.400 --> 01:58:20.400]  So you can go to the court and say, I think this guy's a robo notary.
[01:58:20.400 --> 01:58:25.400]  So we sent a letter requesting copies of the ledger, and we didn't get a copy of the
[01:58:25.400 --> 01:58:26.400]  ledger.
[01:58:26.400 --> 01:58:31.400]  Therefore, we have reason to believe and do believe that this document was not properly
[01:58:31.400 --> 01:58:32.400]  authenticated.
[01:58:32.400 --> 01:58:34.400]  That gives you prima facie.
[01:58:34.400 --> 01:58:42.400]  And all of those, everything that you get back or don't get back can also be sent to
[01:58:42.400 --> 01:58:46.400]  Joe, and he can take a look and apply that to his investigation.
[01:58:46.400 --> 01:58:50.400]  And Joe, you could call and we can go.
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