ROL_2014-08-29_16k_Hr3-4.timecode

[00:09.360 --> 00:13.960]  I'm Brian Hagin with your Liberty Beat for Friday, August 29th, 2014.
[00:13.960 --> 00:16.600]  Gold opened today at $1,285.
[00:16.600 --> 00:22.200]  Silver opened at $19.49, while Bitcoin is trading around $508.39.
[00:22.200 --> 00:27.400]  Support for the Liberty Beat comes from Central Texas Gunworks, your online source for firearms,
[00:27.400 --> 00:29.660]  firearm accessories, and ammunition.
[00:29.660 --> 00:32.600]  They take major credit cards and now accept Bitcoin.
[00:32.600 --> 00:36.860]  Visit them online at shop.centraltexasgunworks.com.
[00:36.860 --> 00:40.880]  In the news, in the wake of the Michael Brown shooting in Ferguson, Missouri, activists
[00:40.880 --> 00:45.160]  across the country are looking for solutions to the problem of police brutality.
[00:45.160 --> 00:48.000]  Some groups are calling for political action to deal with the issue.
[00:48.000 --> 00:52.160]  Others are circumventing the political channels altogether and taking direct action.
[00:52.160 --> 00:55.760]  One group doing just that is the Huey P. Newton Gun Club.
[00:55.760 --> 00:59.560]  Named after the late co-founder of the Black Panther Party, the Huey P. Newton Gun Club
[00:59.560 --> 01:03.720]  organized an open carry march in downtown Dallas, Texas this week.
[01:03.720 --> 01:07.020]  Organizers of the demonstration say their purpose is twofold, to protect the people
[01:07.020 --> 01:10.680]  of their communities from the police and to educate the public about their right to keep
[01:10.680 --> 01:14.000]  and bear arms.
[01:14.000 --> 01:18.000]  After being denied in an appeals court, opponents of Houston's Equal Rights Ordinance are asking
[01:18.000 --> 01:23.200]  the Texas Supreme Court to help them in their efforts to force a referendum on the law.
[01:23.200 --> 01:27.260]  On Tuesday, opponents of the law filed a request seeking to have the court force the city to
[01:27.260 --> 01:30.300]  suspend the measure until another vote takes place.
[01:30.300 --> 01:35.280]  The law, which passed in May, bans discrimination based on sexual orientation and gender identity,
[01:35.280 --> 01:39.040]  as well as other factors.
[01:39.040 --> 01:41.000]  Is Austin, Texas becoming a nanny state?
[01:41.000 --> 01:45.200]  Well, that's the question that many are asking after two pieces of legislation were passed
[01:45.200 --> 01:48.880]  at Thursday's city council meeting, further restricting the liberties and property rights
[01:48.880 --> 01:50.320]  of Austin residents.
[01:50.320 --> 01:54.360]  The council unanimously passed legislation banning motorists from using cell phones while
[01:54.360 --> 01:55.360]  driving.
[01:55.360 --> 01:58.740]  Well, that follows an ordinance passed in 2010 that banned texting while driving.
[01:58.740 --> 02:02.720]  On top of that, an ordinance authored by Chris Riley, which requires businesses in Austin
[02:02.720 --> 02:07.520]  with single stall bathrooms to label the bathroom as gender neutral, also passed.
[02:07.520 --> 02:11.480]  The legislation is intended to make transgender people feel more comfortable, but some Austin
[02:11.480 --> 02:14.880]  residents think the city has bigger issues to deal with.
[02:14.880 --> 02:17.840]  Support for the Liberty Beat comes from My Magic Mud.
[02:17.840 --> 02:22.920]  Call Natural Teeth Widener, go to MyMagicMud.com to hear a short interview with Dr. Griffin
[02:22.920 --> 02:23.920]  Cole.
[02:23.920 --> 02:26.220]  That's MyMagicMud.com.
[02:26.220 --> 02:32.760]  And support comes from Midas Resources Incorporated, helping clients convert their paper, 401Ks
[02:32.760 --> 02:36.480]  and IRAs to solid gold and silver.
[02:36.480 --> 02:43.640]  Get their 10 reason books free by calling 800-686-2237.
[02:43.640 --> 02:48.680]  That's 1-800-686-2237.
[02:48.680 --> 02:53.960]  This is the Liberty Beat for Friday, August 29th, 2014.
[02:53.960 --> 03:17.040]  Make sure you check out our website at thelibertybeat.com.
[03:17.040 --> 03:36.800]  Welcome back to Rule of Law Radio, folks.
[03:36.800 --> 03:42.560]  Before we went to break, we were speaking with Rob in New Mexico.
[03:42.560 --> 03:48.400]  And Rob, you got an issue there where somebody is claiming that you don't have standing because
[03:48.400 --> 03:52.400]  you're in a house after post-foreclosure.
[03:52.400 --> 04:04.480]  That is exactly what a challenge to title is all about, whether it be quiet title, slander
[04:04.480 --> 04:14.080]  of title, trespass to try title, challenging a party's authority to claim that you're in
[04:14.080 --> 04:21.280]  default, claim that you are in a house unlawfully after foreclosure.
[04:21.280 --> 04:24.040]  That's what title is all about, man.
[04:24.040 --> 04:25.040]  Yeah.
[04:25.040 --> 04:31.800]  Well, I'm not in the house, does that make a difference?
[04:31.800 --> 04:32.800]  Yeah.
[04:32.800 --> 04:36.800]  Well, not for a quiet title.
[04:36.800 --> 04:37.800]  Yeah.
[04:37.800 --> 04:38.800]  Technically, it doesn't.
[04:38.800 --> 04:39.800]  Legally, it doesn't.
[04:39.800 --> 04:41.320]  Lawfully, it doesn't.
[04:41.320 --> 04:43.920]  But procedurally, it does.
[04:43.920 --> 04:52.560]  If you have voluntarily vacated the property, then you have created a steeper uphill battle.
[04:52.560 --> 04:53.560]  Yeah.
[04:53.560 --> 05:01.440]  I was living in another state when the foreclosure happened.
[05:01.440 --> 05:03.880]  So there's just a lot of stuff.
[05:03.880 --> 05:05.480]  Were you served process?
[05:05.480 --> 05:06.480]  Oh, wait.
[05:06.480 --> 05:10.040]  He didn't vacate the property, he's never in it to start with.
[05:10.040 --> 05:11.920]  Never in it, gotcha.
[05:11.920 --> 05:14.400]  So he didn't stipulate to anything.
[05:14.400 --> 05:16.400]  Was this a right, I agree.
[05:16.400 --> 05:20.280]  Was this an investment property?
[05:20.280 --> 05:25.680]  It was originally purchased as a residential property and when I moved, I was renting it
[05:25.680 --> 05:26.680]  out.
[05:26.680 --> 05:27.680]  Okay.
[05:27.680 --> 05:30.680]  I moved to Mississippi when I got engaged.
[05:30.680 --> 05:32.160]  Okay.
[05:32.160 --> 05:43.560]  Then if it was an owner occupied, then that might be something that they will, if their
[05:43.560 --> 05:52.520]  attorneys are smart enough, that may be something that they raise in suit that you breached
[05:52.520 --> 05:56.560]  the contract when you moved out and rented it because it was supposed to have been an
[05:56.560 --> 06:02.040]  owner occupied and now the owner no longer occupied.
[06:02.040 --> 06:07.400]  You might want to look for that verbiage in your security instrument.
[06:07.400 --> 06:08.960]  Okay.
[06:08.960 --> 06:19.280]  But no doubt, if you do not have physical possession of the property, then your fight
[06:19.280 --> 06:23.280]  is going to be a tough one.
[06:23.280 --> 06:26.260]  Yeah, I know that.
[06:26.260 --> 06:32.280]  My claims on the quiet title are that they did not own it at the time that they filed
[06:32.280 --> 06:33.280]  it.
[06:33.280 --> 06:34.280]  Okay.
[06:34.280 --> 06:39.200]  Why are you raising ownership?
[06:39.200 --> 06:41.120]  Ownership of what?
[06:41.120 --> 06:45.640]  The house, the documents that secured their interests?
[06:45.640 --> 06:46.640]  Ownership of what?
[06:46.640 --> 06:47.640]  Define ownership.
[06:47.640 --> 06:48.640]  Yeah.
[06:48.640 --> 06:51.680]  The ownership of the instruments, ownership of the documents.
[06:51.680 --> 06:52.680]  Okay.
[06:52.680 --> 06:54.600]  Why would you want to raise ownership?
[06:54.600 --> 07:01.360]  I mean, I may own a car, but it may not run.
[07:01.360 --> 07:04.400]  I can't drive it.
[07:04.400 --> 07:06.040]  Okay.
[07:06.040 --> 07:14.800]  They may own interest, but they may not be able to enforce it or is the foreclosing party
[07:14.800 --> 07:28.280]  or the foreclosing party usually being the agent or is the principal a party entitled
[07:28.280 --> 07:31.240]  to enforce the instruments?
[07:31.240 --> 07:33.680]  Chances are they're not.
[07:33.680 --> 07:38.240]  And that's what I would go to if I was going to sue for quiet title.
[07:38.240 --> 07:44.280]  Well, where I was going with it was that at the time that they filed the mortgage, they
[07:44.280 --> 07:45.680]  had no interest in it.
[07:45.680 --> 07:49.560]  So it was a fraudulent document.
[07:49.560 --> 07:56.680]  Instead of owner, you're thinking bona fide holder.
[07:56.680 --> 08:01.680]  And they admit that in their answer that they did not own it.
[08:01.680 --> 08:02.680]  Okay.
[08:02.680 --> 08:03.680]  Okay.
[08:03.680 --> 08:10.120]  In their answer, did they say they didn't own it or they didn't hold?
[08:10.120 --> 08:19.280]  They weren't the holder because whether they owned it or not, it's not really so relevant.
[08:19.280 --> 08:23.800]  They must either be the holder in due course or an agent holder or not.
[08:23.800 --> 08:30.160]  The bona fide holder or an agent for them, a proper agent for a bona fide holder.
[08:30.160 --> 08:31.160]  Right.
[08:31.160 --> 08:35.160]  Neither one.
[08:35.160 --> 08:40.160]  They stipulated that they had no, okay, hold on.
[08:40.160 --> 08:42.280]  The property was foreclosed on.
[08:42.280 --> 08:44.880]  Was it sold to a third party?
[08:44.880 --> 08:52.280]  No, the property was sold to the party claiming it had interest at the time of foreclosure.
[08:52.280 --> 08:53.280]  Oh, okay.
[08:53.280 --> 08:55.240]  So there's not a third party involved.
[08:55.240 --> 09:00.680]  So now they're stipulating that they did not, that they were not the holder at the time
[09:00.680 --> 09:02.080]  of the foreclosure.
[09:02.080 --> 09:08.040]  No, I'm suing the original lender for quiet title, not the foreclosing party.
[09:08.040 --> 09:11.720]  I'm suing the party named on the mortgage.
[09:11.720 --> 09:23.480]  Does the party who did the foreclosure have in the record a clear and uninterrupted chain
[09:23.480 --> 09:25.480]  of title?
[09:25.480 --> 09:26.800]  No.
[09:26.800 --> 09:30.600]  Then they have problems.
[09:30.600 --> 09:32.480]  That's what quiet title is for.
[09:32.480 --> 09:33.480]  Yep.
[09:33.480 --> 09:34.480]  Yeah.
[09:34.480 --> 09:38.120]  So what was their claim in the motion to dismiss?
[09:38.120 --> 09:43.720]  Hold on, I got to pull it up here.
[09:43.720 --> 09:47.080]  Okay, just a second.
[09:47.080 --> 09:49.040]  Time's up.
[09:49.040 --> 09:53.440]  Wally's looking that up.
[09:53.440 --> 09:56.160]  You kind of explained that, Steve?
[09:56.160 --> 09:57.160]  Explain what?
[09:57.160 --> 09:58.720]  There's a lot been talked about.
[09:58.720 --> 10:02.800]  What they have to do, here we have a quiet title.
[10:02.800 --> 10:06.440]  How would you move to dismiss a quiet title?
[10:06.440 --> 10:13.000]  I would show that they are not a party of record.
[10:13.000 --> 10:20.520]  Throughout the course of the historical, I mean, let's even go back to England prior
[10:20.520 --> 10:23.800]  to the establishment of the United States.
[10:23.800 --> 10:37.560]  There has always been a requirement to list a party who has interest in land or in United
[10:37.560 --> 10:39.880]  States in real property.
[10:39.880 --> 10:44.160]  That means that they've got to go to the public record and tell the world that, hey,
[10:44.160 --> 10:46.120]  I've got an interest in this.
[10:46.120 --> 10:49.720]  And if they choose not to do that, that's fine.
[10:49.720 --> 10:53.480]  But come time to collect, they're going to have major problems because they can't
[10:53.480 --> 10:57.800]  show the world that they're the party entitled to enforce the instruments.
[10:57.800 --> 11:06.960]  First filing in this continent, Pilgrim's 1635 Plymouth.
[11:06.960 --> 11:13.660]  When they first got here, they recognized that in order to hold property, you had to
[11:13.660 --> 11:17.360]  have that holdership publicly filed.
[11:17.360 --> 11:19.360]  There you go.
[11:19.360 --> 11:21.000]  I don't think that's been repealed.
[11:21.000 --> 11:26.120]  I believe that's been adopted by all 50 states.
[11:26.120 --> 11:27.120]  Cool.
[11:27.120 --> 11:29.120]  Okay, I'm ready.
[11:29.120 --> 11:30.120]  Alrighty.
[11:30.120 --> 11:37.040]  Okay, snort some more diesel fumes and you'll be good.
[11:37.040 --> 11:38.880]  Bless his heart.
[11:38.880 --> 11:42.480]  I made three claims.
[11:42.480 --> 11:45.380]  I made three claims in my quiet title.
[11:45.380 --> 11:52.240]  One was that they were not the owner holder of the document that they claimed to be party
[11:52.240 --> 11:54.720]  of record.
[11:54.720 --> 12:00.000]  The second was that the person who filed the document had no power of attorney as required
[12:00.000 --> 12:02.680]  by New Mexico statute.
[12:02.680 --> 12:08.920]  And the third was that it was filed 25 days after execution.
[12:08.920 --> 12:14.500]  What was their grounds for dismissal?
[12:14.500 --> 12:22.040]  They're claiming that I failed to state with specificity, which is manure, claiming that
[12:22.040 --> 12:28.760]  I have no cause of action under the claims as the power of attorney.
[12:28.760 --> 12:36.440]  They're stating that that statute doesn't require a person to have power of attorney
[12:36.440 --> 12:44.480]  if they're only acting as a courier to deliver a document to the county records.
[12:44.480 --> 12:51.880]  Their third claim is that- That part would be true.
[12:51.880 --> 13:00.560]  However, if they are acting as agent for the principle, principle having the authority,
[13:00.560 --> 13:01.560]  prove it.
[13:01.560 --> 13:04.600]  Okay, now hold on, wait a minute.
[13:04.600 --> 13:16.040]  Are they saying that the person who signed before a notary the document was only a delivery
[13:16.040 --> 13:19.720]  service?
[13:19.720 --> 13:21.760]  Nobody signed anything before a notary.
[13:21.760 --> 13:30.680]  This is the person who filed the documents as after filing returned to they have no power
[13:30.680 --> 13:31.680]  of attorney.
[13:31.680 --> 13:33.680]  Okay, they don't need it.
[13:33.680 --> 13:41.360]  Who was the person who signed the document, who affirmed it?
[13:41.360 --> 13:42.360]  This is the original mortgage.
[13:42.360 --> 13:47.320]  There's no signature but me.
[13:47.320 --> 13:52.720]  You're challenging the original security instrument?
[13:52.720 --> 14:01.240]  Okay, they're right about- A serious uphill battle.
[14:01.240 --> 14:12.120]  Okay, they're right about the claim concerning power of attorney on the people who filed
[14:12.120 --> 14:13.120]  it.
[14:13.120 --> 14:17.200]  They're right about that because the people who filed it were not a party to the instrument.
[14:17.200 --> 14:20.560]  They're just a delivery boy.
[14:20.560 --> 14:25.320]  What are the other claims on the security instrument?
[14:25.320 --> 14:28.000]  They were not the owner at the time they filed it.
[14:28.000 --> 14:32.480]  They made a claim of ownership in the county records that they didn't have.
[14:32.480 --> 14:34.200]  That's a good one.
[14:34.200 --> 14:39.260]  How did they address that in their motion to dismiss?
[14:39.260 --> 14:45.800]  They acknowledged that they were not the owner but said that it wasn't relevant because the
[14:45.800 --> 14:51.120]  mortgages and assignments are required to be filed but there's no time limit on when
[14:51.120 --> 14:58.120]  they have to be filed.
[14:58.120 --> 15:01.560]  That does not make sense.
[15:01.560 --> 15:10.000]  What did it have to do... Was your claim... Were they ever filed?
[15:10.000 --> 15:14.600]  They filed the mortgage on February 18th of 2008.
[15:14.600 --> 15:15.600]  No, no.
[15:15.600 --> 15:16.600]  Hold on.
[15:16.600 --> 15:20.920]  I'm using a pronoun that makes this unclear.
[15:20.920 --> 15:29.420]  The foreclosing agent, the foreclosing entity, did they have an assignment to them filed
[15:29.420 --> 15:31.420]  in the record?
[15:31.420 --> 15:35.460]  They had an assignment to them filed in the record the day the foreclosure was filed which
[15:35.460 --> 15:39.800]  was a year and a half after the mortgage was filed.
[15:39.800 --> 15:45.200]  Was the original lender still in business at the time?
[15:45.200 --> 15:49.960]  Yes.
[15:49.960 --> 15:58.360]  Had you received any notice of default or anything from the foreclosing entity prior
[15:58.360 --> 16:01.800]  to the filing of the action?
[16:01.800 --> 16:06.280]  No, just lots of harassing phone calls and letters in the mail.
[16:06.280 --> 16:09.760]  No actual... That's what I'm talking about.
[16:09.760 --> 16:11.120]  You're harassing phone calls.
[16:11.120 --> 16:14.600]  You had to have a notice of default.
[16:14.600 --> 16:20.840]  They're taking action when they have no authority to take the action.
[16:20.840 --> 16:25.360]  That negates all of their behavior, everything they've done after that.
[16:25.360 --> 16:28.520]  Well, the 10th Circuit doesn't agree with that.
[16:28.520 --> 16:32.720]  The 10th Circuit says the fact that they got a default judgment on me in the foreclosure
[16:32.720 --> 16:35.840]  means that they had authority to collect.
[16:35.840 --> 16:36.840]  Okay.
[16:36.840 --> 16:43.680]  That default judgment's going to be a barrier to get over, but I hear the music and we've
[16:43.680 --> 16:50.160]  got 15 minutes, 15 seconds before we go to break, folks, 512-646-1984 is the number to
[16:50.160 --> 16:51.160]  dial.
[16:51.160 --> 16:52.160]  Dial it and get in line.
[16:52.160 --> 17:00.640]  I see the board's stacking up and I'd still like to get to a game-changing piece of caseload.
[17:00.640 --> 17:06.040]  Through advances in technology, our lives have greatly improved except in the area of
[17:06.040 --> 17:07.040]  nutrition.
[17:07.040 --> 17:11.360]  People feed their pets better than they feed themselves, and it's time we changed all that.
[17:11.360 --> 17:17.640]  Our primary defense against aging and disease in this toxic environment is good nutrition.
[17:17.640 --> 17:23.400]  In a world where natural foods have been irradiated, adulterated, and mutilated, Young Jevity can
[17:23.400 --> 17:25.680]  provide the nutrients you need.
[17:25.680 --> 17:30.480]  Logos Radio Network gets many requests to endorse all sorts of products, most of which
[17:30.480 --> 17:31.620]  we reject.
[17:31.620 --> 17:36.880]  We have come to trust Young Jevity so much, we became a marketing distributor along with
[17:36.880 --> 17:39.680]  Alex Jones, Ben Fuchs, and many others.
[17:39.680 --> 17:46.000]  When you order from LogosRadioNetwork.com, your health will improve as you help support
[17:46.000 --> 17:47.600]  quality radio.
[17:47.600 --> 17:51.960]  As you realize the benefits of Young Jevity, you may want to join us.
[17:51.960 --> 17:57.280]  As a distributor, you can experience improved health, help your friends and family, and
[17:57.280 --> 17:59.160]  increase your income.
[17:59.160 --> 18:00.520]  Order now.
[18:00.520 --> 18:05.640]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
[18:05.640 --> 18:09.320]  Stop debt collectors now with the Michael Meir's Proven Method.
[18:09.320 --> 18:13.640]  Michael Meir's has won six cases in federal court against debt collectors, and now you
[18:13.640 --> 18:14.640]  can win too.
[18:14.640 --> 18:19.460]  You'll get step-by-step instructions in plain English on how to win in court using federal
[18:19.460 --> 18:25.320]  civil rights statutes, what to do when contacted by phone, mail, or court summons, how to answer
[18:25.320 --> 18:29.840]  letters and phone calls, how to get debt collectors out of your credit report, how to turn the
[18:29.840 --> 18:34.060]  financial tables on them and make them pay you to go away.
[18:34.060 --> 18:38.880]  The Michael Meir's Proven Method is the solution for how to stop debt collectors.
[18:38.880 --> 18:41.320]  Personal consultation is available as well.
[18:41.320 --> 18:46.840]  For more information, please visit RuleOfLawRadio.com and click on the blue Michael Meir's banner
[18:46.840 --> 18:49.840]  or email MichaelMeiras at yahoo.com.
[18:49.840 --> 18:59.380]  That's RuleOfLawRadio.com or email M-I-C-H-A-E-L-M-I-R-R-A-S at yahoo.com to learn how to stop debt collectors
[18:59.380 --> 19:00.380]  now.
[19:00.380 --> 19:10.360]  If you are listening to the Logos Radio Network, LogosRadioNetwork.com.
[19:10.360 --> 19:33.440]  Well, don't let nothing get to you, only the father can deliver you, so don't let bad mind
[19:33.440 --> 19:44.080]  for your sake.
[19:44.080 --> 19:49.080]  Tell him your problem babe, tell him he's here once again
[19:49.080 --> 19:52.080]  Here we come you know you're a big deal
[19:52.080 --> 19:55.080]  He a me king man, he is everything
[19:55.080 --> 19:58.080]  He's everything to me, that's what me call him
[19:58.080 --> 20:01.080]  Untap me knee and me pray to him
[20:01.080 --> 20:04.080]  Because he's the only one could answer him
[20:04.080 --> 20:07.080]  Been a business what me kin man say him
[20:07.080 --> 20:09.080]  Man kind you know is less leading
[20:09.080 --> 20:12.080]  Me tell him trust in God me free
[20:12.080 --> 20:18.080]  Tell him your problem babe, tell him he's here once again
[20:18.080 --> 20:21.080]  Here we come you know you're a big deal
[20:21.080 --> 20:24.080]  Trust in God me free
[20:24.080 --> 20:29.080]  Tell him your problem babe, tell him he's here once again
[20:29.080 --> 20:35.080]  Welcome back to Rule Of Law Radio folks, before we went to break we were speaking with Rob in New Mexico
[20:35.080 --> 20:39.080]  And Rob, you're going to have a hard hard time brother
[20:39.080 --> 20:43.080]  I sure hope you're up for a hell of a fight because this is not going to be an easy one
[20:43.080 --> 20:47.080]  You've got a lot of mountains to cross here my friend
[20:47.080 --> 20:48.080]  Yeah
[20:48.080 --> 20:49.080]  You really do
[20:49.080 --> 20:52.080]  Let me read you verbatim what they said here
[20:52.080 --> 20:57.080]  The complaint alleges that on February 18, 2008 when the New Day mortgage was recorded
[20:57.080 --> 21:00.080]  New Day no longer held any interest there under
[21:00.080 --> 21:08.080]  Indeed, New Day filed the New Day mortgage after assignment of the same to BAC on February 13, 2008
[21:08.080 --> 21:16.080]  Plaintiff mistakenly interprets and invokes NMSA 1978 section 14-9-1 and 14-9-2
[21:16.080 --> 21:21.080]  To assert that such recording is improper because it purportedly
[21:21.080 --> 21:25.080]  Gives notice to the world of an incorrect claim affecting the title and
[21:25.080 --> 21:29.080]  Creates an inaccuracy in the records of the county clerk
[21:29.080 --> 21:36.080]  To the contrary, the plain language of these statutes requires recording of mortgages and assignments
[21:36.080 --> 21:40.080]  But not in any specific order or by any deadline
[21:40.080 --> 21:43.080]  Okay
[21:43.080 --> 21:48.080]  I would encourage you to read UCC or your state equivalent
[21:48.080 --> 21:53.080]  Keep in mind that all 50 states have adopted the federal UCC
[21:53.080 --> 21:56.080]  I use the UCC as a general reference
[21:56.080 --> 22:01.080]  Article 9 section 312
[22:01.080 --> 22:05.080]  Go read that
[22:05.080 --> 22:07.080]  Alright
[22:07.080 --> 22:12.080]  If this attorney is saying that, oh, well that code
[22:12.080 --> 22:16.080]  That specific, specifically set of statutes
[22:16.080 --> 22:22.080]  Does not put a time limit on the filing of a security interest
[22:22.080 --> 22:28.080]  9-312 of the UCC certainly does
[22:28.080 --> 22:32.080]  Well, he actually, that was one of my other claims
[22:32.080 --> 22:35.080]  About the 20 days
[22:35.080 --> 22:38.080]  And he says that the UCC does not apply
[22:38.080 --> 22:40.080]  And that
[22:40.080 --> 22:43.080]  Were you, okay, were you in state court or federal?
[22:43.080 --> 22:46.080]  This is in state court
[22:46.080 --> 22:50.080]  Then he was correct if you were citing the uniform commercial code
[22:50.080 --> 22:53.080]  You should have been citing your state equivalent
[22:53.080 --> 22:56.080]  I did, I did
[22:56.080 --> 22:58.080]  Ah, well
[22:58.080 --> 23:02.080]  Now I would challenge that and on the dismissal
[23:02.080 --> 23:04.080]  I would appeal
[23:04.080 --> 23:07.080]  Now if you have lost your time for appeal
[23:07.080 --> 23:11.080]  Look into Bill of Review
[23:11.080 --> 23:16.080]  I know Bill of Review is available in most states
[23:16.080 --> 23:19.080]  And hearings specific to the state of Texas
[23:19.080 --> 23:23.080]  You'll have to confer with New Mexico statutes
[23:23.080 --> 23:29.080]  But a Bill of Review is a very close cousin
[23:29.080 --> 23:32.080]  To a motion to rehear
[23:32.080 --> 23:39.080]  But the Bill of Review is available to someone who has lost their
[23:39.080 --> 23:42.080]  Availability to appeal
[23:42.080 --> 23:46.080]  If an appeal is barred by time and it is specific
[23:46.080 --> 23:48.080]  To a default judgment
[23:48.080 --> 23:52.080]  Now you're going to have some hurdles there to get over
[23:52.080 --> 23:54.080]  Here in Texas for example
[23:54.080 --> 23:58.080]  You've got to prove one, a meritorious defense
[23:58.080 --> 24:02.080]  If you have a good affirmative defense
[24:02.080 --> 24:04.080]  You complete it
[24:04.080 --> 24:09.080]  If you can show that the reason that you did not raise the issues
[24:09.080 --> 24:13.080]  Or appear in court, whatever, prosecute your action
[24:13.080 --> 24:17.080]  Were not due to your own negligence
[24:17.080 --> 24:20.080]  Then you would be entitled to a Bill of Review
[24:20.080 --> 24:23.080]  And there's a couple of more essential elements
[24:23.080 --> 24:26.080]  That have got to be satisfied
[24:26.080 --> 24:29.080]  But go through your own state statutes
[24:29.080 --> 24:31.080]  Pull out all of the elements
[24:31.080 --> 24:34.080]  And see if you would be available
[24:34.080 --> 24:38.080]  Or see if a Bill of Review would
[24:38.080 --> 24:41.080]  If you would qualify for the Bill of Review
[24:41.080 --> 24:45.080]  If you don't qualify for the Bill of Review
[24:45.080 --> 24:47.080]  And you've got a default judgment
[24:47.080 --> 24:51.080]  You have come to a point where you have got to choose your battles
[24:51.080 --> 24:57.080]  At some point you're going to have to ask yourself
[24:57.080 --> 25:01.080]  How much energy, how much time, how much money do I want to pour into this
[25:01.080 --> 25:07.080]  And is there a possibility that I'm going to win
[25:07.080 --> 25:12.080]  Now keep in mind that once you deem something possible
[25:12.080 --> 25:14.080]  You're no longer dealing with possibility
[25:14.080 --> 25:16.080]  You've already determined that
[25:16.080 --> 25:19.080]  The next thing that you've got to look at is
[25:19.080 --> 25:21.080]  What is the probability
[25:21.080 --> 25:24.080]  In other words, what is the likelihood
[25:24.080 --> 25:30.080]  If there's a very slim likelihood that you're going to prevail on this
[25:30.080 --> 25:35.080]  Then my friend, my personal opinion on this
[25:35.080 --> 25:37.080]  Is that you're throwing good money after bad
[25:37.080 --> 25:43.080]  I do work in a law firm
[25:43.080 --> 25:48.080]  And I have seen a lot of cases
[25:48.080 --> 25:51.080]  Even before I worked at a law firm
[25:51.080 --> 25:54.080]  But there comes a point
[25:54.080 --> 26:00.080]  Where you've got to say, is it worth the fight
[26:00.080 --> 26:04.080]  So look at your situation
[26:04.080 --> 26:09.080]  See if you qualify for a Bill of Review
[26:09.080 --> 26:13.080]  Because after a default judgment, that's going to be about your only saving grace
[26:13.080 --> 26:17.080]  If you qualify to file one
[26:17.080 --> 26:23.080]  That's about all I got on that issue
[26:23.080 --> 26:25.080]  Do you have any other issues for us tonight?
[26:25.080 --> 26:30.080]  Yeah, can we go back real quick to the issue of the power of attorney
[26:30.080 --> 26:35.080]  New Mexico statute 47-1-7
[26:35.080 --> 26:39.080]  Specifically states that anyone not a party to a conveyance
[26:39.080 --> 26:42.080]  And a mortgage is defined as a conveyance
[26:42.080 --> 26:47.080]  Must have a power of attorney, whether acting as agent or attorney
[26:47.080 --> 26:51.080]  Wait a minute, the mortgage is not a conveyance?
[26:51.080 --> 26:53.080]  That's not a conveyance
[26:53.080 --> 26:54.080]  No
[26:54.080 --> 26:57.080]  It's defined in the statute as a conveyance
[26:57.080 --> 26:59.080]  A mortgage is?
[26:59.080 --> 27:03.080]  I would argue that
[27:03.080 --> 27:08.080]  I would say that a warranty deed is a conveyance
[27:08.080 --> 27:09.080]  I would say that
[27:09.080 --> 27:11.080]  Hold on Steve
[27:11.080 --> 27:12.080]  Go ahead
[27:12.080 --> 27:14.080]  In a mortgage state
[27:14.080 --> 27:20.080]  The mortgage transfers the property to the lender
[27:20.080 --> 27:22.080]  There's no warranty deed?
[27:22.080 --> 27:26.080]  There is a warranty deed that gives it to the lender first
[27:26.080 --> 27:34.080]  And then the lender, I'm sorry, there is a warranty deed that transfers it to the purchaser
[27:34.080 --> 27:35.080]  Borrower
[27:35.080 --> 27:36.080]  Right
[27:36.080 --> 27:40.080]  And then in the mortgage they transfer it to the lender
[27:40.080 --> 27:45.080]  In a deed of trust state they don't
[27:45.080 --> 27:47.080]  Right, I got you
[27:47.080 --> 27:52.080]  Hence the difference between title theory and lien theory
[27:52.080 --> 27:53.080]  I got you
[27:53.080 --> 27:56.080]  I got it, okay, that makes sense
[27:56.080 --> 27:59.080]  Okay, so continue Rob
[27:59.080 --> 28:02.080]  So in light of that requirement
[28:02.080 --> 28:07.080]  Would that be a relevant issue that the person who filed the mortgage has no power of attorney
[28:07.080 --> 28:14.080]  It says anyone acting as agent or attorney for a party has to have a power of attorney on file
[28:14.080 --> 28:15.080]  At the point
[28:15.080 --> 28:17.080]  I'm sorry, I'll shut up
[28:17.080 --> 28:23.080]  I was going to say at the point where you're at right now in this litigation I would say no
[28:23.080 --> 28:27.080]  This is the delivery boy
[28:27.080 --> 28:31.080]  This person is not a party to the contract
[28:31.080 --> 28:32.080]  Correct
[28:32.080 --> 28:36.080]  They merely delivered it to the court
[28:36.080 --> 28:46.080]  So they didn't make any assertions or concessions in the document
[28:46.080 --> 28:50.080]  That's exactly what the statute refers to
[28:50.080 --> 28:59.080]  Is that anyone acting on behalf of somebody named in the document has to have a power of attorney to make that filing
[28:59.080 --> 29:03.080]  They're not acting on behalf of anyone
[29:03.080 --> 29:08.080]  They're just delivering the document to the clerk
[29:08.080 --> 29:18.080]  So if the closing agent had mailed the document to the clerk
[29:18.080 --> 29:25.080]  Would the postal worker have to have a power of attorney
[29:25.080 --> 29:32.080]  No, but the way I read the statute the closing agent would if they weren't to name the party in the document
[29:32.080 --> 29:38.080]  If I get you to run a letter to the post office for me
[29:38.080 --> 29:43.080]  Do you have anything to do with the letter itself
[29:43.080 --> 29:44.080]  No
[29:44.080 --> 29:45.080]  No
[29:45.080 --> 29:51.080]  That's all the trustees doing the title companies doing in this case
[29:51.080 --> 29:56.080]  We got a break coming up we'll be right back folks
[29:56.080 --> 30:03.080]  Stay tuned
[30:26.080 --> 30:28.080]  We'll start to vanish too
[30:28.080 --> 30:33.080]  So protect your rights say no to surveillance and keep your information to yourself
[30:33.080 --> 30:36.080]  Privacy it's worth hanging on to
[30:36.080 --> 30:39.080]  This message is brought to you by Startpage.com
[30:39.080 --> 30:43.080]  The private search engine alternative to Google, Yahoo and Bing
[30:43.080 --> 30:47.080]  Start over with Startpage
[30:47.080 --> 30:51.080]  Accidentally hitting an animal on the road can make you feel dreadful
[30:51.080 --> 30:59.080]  Once in West Virginia, roadkill actually gets cooked and celebrated at the annual roadkill cook-off and autumn harvest festival
[30:59.080 --> 31:06.080]  Competitors serve up thunder fair ranging from rabbit, raccoon and possum to armadillo, alligator and groundhog
[31:06.080 --> 31:11.080]  Fortunately for the queasy, dishes served in the competition don't have to be actual roadkill
[31:11.080 --> 31:14.080]  Just animals commonly found by the side of the road
[31:14.080 --> 31:18.080]  Points are awarded for taste, originality and showmanship
[31:18.080 --> 31:24.080]  Please note, points will be deducted for every chipped tooth resulting from gravel not removed
[31:24.080 --> 31:51.080]  I'm Dr. Catherine Albrecht for Startpage.com, the world's most private search engine
[31:55.080 --> 32:01.080]  Call 888-910-4367 only at MUSA.org
[32:01.080 --> 32:05.080]  Rule of Law Radio is proud to offer the Rule of Law Traffic Seminar
[32:05.080 --> 32:08.080]  In today's America we live in an us against them society
[32:08.080 --> 32:10.080]  And if we the people are ever going to have a free society
[32:10.080 --> 32:13.080]  Then we're going to have to stand and defend our own rights
[32:13.080 --> 32:15.080]  Among those rights are the right to travel freely from place to place
[32:15.080 --> 32:17.080]  The right to act in our own private capacity
[32:17.080 --> 32:20.080]  And most importantly the right to due process of law
[32:20.080 --> 32:26.080]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve our rights through due process
[32:26.080 --> 32:29.080]  Former sheriff's deputy Eddie Craig in conjunction with Rule of Law Radio
[32:29.080 --> 32:31.080]  Has put together the most comprehensive teaching tool available
[32:31.080 --> 32:35.080]  That will help you understand what due process is and how to hold courts to the rule of law
[32:35.080 --> 32:41.080]  You can get your own copy of this invaluable material by going to RuleOfLawRadio.com and ordering your copy today
[32:41.080 --> 32:45.080]  By ordering now you'll receive a copy of Eddie's book, The Texas Transportation Code, The Law Versus The Lie
[32:45.080 --> 32:51.080]  Video and audio of the original 2009 seminar, hundreds of research documents and other useful resource material
[32:51.080 --> 32:54.080]  Learn how to fight for your rights with the help of this material from RuleOfLawRadio.com
[32:54.080 --> 33:19.080]  Order your copy today and together we can have the free society we all want and deserve
[33:19.080 --> 33:35.080]  Welcome back to Rule of Law Radio folks and Rob in New Mexico
[33:35.080 --> 33:43.080]  I made a statement here a minute ago when you got to choose your battles
[33:43.080 --> 33:45.080]  Let me redefine my statement
[33:45.080 --> 33:54.080]  And you're not going to hear me say this very often because I'm a staunch advocate for people standing up and fighting
[33:54.080 --> 33:58.080]  But there comes a time when you got to cut your losses
[33:58.080 --> 34:06.080]  And my personal opinion, you're there brother, you've been there for a while
[34:06.080 --> 34:15.080]  I mean just how much time and energy are you willing to pour into kicking a dead horse
[34:15.080 --> 34:22.080]  At this point I don't see you regaining any traction anywhere in this
[34:22.080 --> 34:25.080]  You might have some good points but they're minute points
[34:25.080 --> 34:31.080]  They may be big to you but big to you is not big to the court
[34:31.080 --> 34:38.080]  Now if you've got grounds for quiet title or something like that, ok consider it
[34:38.080 --> 34:42.080]  But again you're out of the property
[34:42.080 --> 34:45.080]  The property's been conveyed to someone else
[34:45.080 --> 34:52.080]  You've got a default judgement already against you, you're facing res judicata now
[34:52.080 --> 34:59.080]  And if you continue down this road you might cause yourself harm because you're liable to face some sanctions
[34:59.080 --> 35:05.080]  I hate to tell you that, it goes against my ground to tell somebody that
[35:05.080 --> 35:10.080]  But I wouldn't, I'd be doing you an injustice by telling you anything different
[35:10.080 --> 35:12.080]  Ok
[35:12.080 --> 35:14.080]  Yeah
[35:14.080 --> 35:17.080]  So I think I should withdraw it
[35:17.080 --> 35:20.080]  If it were me man I would
[35:20.080 --> 35:28.080]  Ok so the 9312 doesn't hold much traction and the fact that they did not hold it when it was filed
[35:28.080 --> 35:34.080]  Well again you know
[35:34.080 --> 35:43.080]  From what you said New Mexico has ruled that they can file their security instrument just before they foreclose
[35:43.080 --> 35:48.080]  So if they've ruled that, that argument is kind of gone
[35:48.080 --> 35:54.080]  And the argument about the trustee not having power of attorney to file
[35:54.080 --> 36:00.080]  It's just not the right argument
[36:00.080 --> 36:05.080]  The trustee won't be held as a true party
[36:05.080 --> 36:11.080]  And that's the one that concerned me because we talked about it on the break and I'm concerned
[36:11.080 --> 36:14.080]  That one might get a filing for sanctions
[36:14.080 --> 36:18.080]  I've got to agree
[36:18.080 --> 36:24.080]  Now on the late assignment that was the default judgement
[36:24.080 --> 36:28.080]  That was the foreclosure itself was the no answer default
[36:28.080 --> 36:36.080]  The Bank of New York versus Romero in the state supreme court this year said that's absolutely not ok
[36:36.080 --> 36:40.080]  Wait a minute I'm not sure what you're saying there
[36:40.080 --> 36:46.080]  Say that again, somehow I missed how that connected
[36:46.080 --> 36:52.080]  Are we talking about the trustee in power of attorney or are we talking about somebody else in power of attorney
[36:52.080 --> 36:58.080]  This is going back to the default judgement against me, this red cuticotta
[36:58.080 --> 37:01.080]  The no answer default
[37:01.080 --> 37:06.080]  With the late assignment of mortgage that was filed the day they filed the suit
[37:06.080 --> 37:11.080]  The Bank of America, I'm sorry Bank of New York versus Romero
[37:11.080 --> 37:16.080]  It's one that Joe has talked about quite a bit
[37:16.080 --> 37:21.080]  The Mexico state supreme court said they can't do that
[37:21.080 --> 37:26.080]  Ok hold on, what state is this case out of?
[37:26.080 --> 37:33.080]  New Mexico
[37:33.080 --> 37:39.080]  Did you not get the default challenge in time?
[37:39.080 --> 37:41.080]  No I didn't
[37:41.080 --> 37:45.080]  Ok then you can't raise this argument at this point
[37:45.080 --> 37:46.080]  No
[37:46.080 --> 37:49.080]  You kind of waived it
[37:49.080 --> 37:53.080]  Sometimes the best thing to do is nothing at all
[37:53.080 --> 37:56.080]  Right
[37:56.080 --> 38:04.080]  Are you familiar with the term toast?
[38:04.080 --> 38:09.080]  We don't win all of them, the fact that you got that default against you
[38:09.080 --> 38:15.080]  And didn't get it appealed in time, that becomes res judicata, we can't even talk about that anymore
[38:15.080 --> 38:18.080]  Now we have to go to something we can talk about
[38:18.080 --> 38:24.080]  And since that was the primary issue you're kind of toast
[38:24.080 --> 38:31.080]  Ok what about going back after the foreclosure itself under the specific matter jurisdiction based on the Romero decision
[38:31.080 --> 38:38.080]  If you have a good jurisdiction claim, yeah, but from what I understand from what you've said
[38:38.080 --> 38:46.080]  The courts have ruled that they can file the assignment just prior to foreclosure
[38:46.080 --> 38:55.080]  In Texas if the foreclosing agent does anything before they have the assignment
[38:55.080 --> 38:58.080]  Then everything they do is trashed
[38:58.080 --> 39:02.080]  Right and that's pretty much what the Romero decision went to
[39:02.080 --> 39:06.080]  The New Mexico courts haven't said that that's ok
[39:06.080 --> 39:09.080]  They just got to know any default against me
[39:09.080 --> 39:13.080]  If this is a fight that you want to continue then by all means continue
[39:13.080 --> 39:18.080]  But if it was my fault I'd cut my losses and move on with my life
[39:18.080 --> 39:26.080]  You sound like a grown man to me, you're fully capable of making your own decisions
[39:26.080 --> 39:36.080]  If it were my decision to make, the best decision I could make for myself and for my family is to move on with my life
[39:36.080 --> 39:43.080]  I hate to say that, it hurts, it physically hurts to say that
[39:43.080 --> 39:45.080]  Hurts to hear it
[39:45.080 --> 39:49.080]  Yeah I know, that's why it hurts to say it
[39:49.080 --> 39:59.080]  Fight it if you want to fight it but beware man, you've got nothing but a real hard uphill struggle ahead of you
[39:59.080 --> 40:07.080]  And be real careful with your legal arguments because these lawyers they might get the idea to go for sanctions
[40:07.080 --> 40:14.080]  If they get a reading from the judge that the judge is frustrated with you they may well go for sanctions
[40:14.080 --> 40:21.080]  Bank of America already got $2,000 in sanctions against me in the federal court
[40:21.080 --> 40:28.080]  And then when I challenged that the presiding judge said that the magistrate didn't sanction me
[40:28.080 --> 40:31.080]  He was only stating that Bank of America wanted me sanctioned
[40:31.080 --> 40:40.080]  Ok, well you've got to ask yourself, do I really want to pull the pin on this hand grenade?
[40:40.080 --> 40:44.080]  Yeah, kind of
[40:44.080 --> 40:47.080]  Yeah, you kind of?
[40:47.080 --> 40:56.080]  Well pull it and throw that pineapple brother, you know like I say you're a grown man do what you want to do
[40:56.080 --> 41:03.080]  Everybody has to tilt at a window, a windmill at one time or another
[41:03.080 --> 41:05.080]  Yeah
[41:05.080 --> 41:14.080]  So take your best shot but we really need to get moving on, we're running out of time and we've got a board full of callers
[41:14.080 --> 41:16.080]  Y'all take care
[41:16.080 --> 41:25.080]  Thank you Rob, I really do appreciate you calling in and bad news, negative news is something that is foreign to me
[41:25.080 --> 41:28.080]  And I hope you appreciate that
[41:28.080 --> 41:32.080]  Don't be a stranger, it's been a long time since we heard from you
[41:32.080 --> 41:38.080]  Well I kept hoping that you'd call me to see if I was still alive but apparently you didn't care enough
[41:38.080 --> 41:44.080]  I must not have seen it, did you email me?
[41:44.080 --> 41:46.080]  Did I what?
[41:46.080 --> 41:50.080]  I said have you, you say you called me to see if you're still alive?
[41:50.080 --> 41:52.080]  No, he was waiting for you to call
[41:52.080 --> 41:56.080]  Oh, oh ok, I was going to, I had that on my agenda for in the morning
[41:56.080 --> 41:58.080]  To see what kind of friend you are?
[41:58.080 --> 42:03.080]  Yeah, I was ready to do that, you just got in under the wire
[42:03.080 --> 42:07.080]  Don't feel bad, he doesn't call me either Rob
[42:07.080 --> 42:11.080]  I call you stuff just not to your face
[42:11.080 --> 42:13.080]  Oh, ok
[42:13.080 --> 42:21.080]  Ok, thank you Rob, we're going to go to Danny in Tennessee
[42:21.080 --> 42:23.080]  You there?
[42:23.080 --> 42:25.080]  Hello Danny, we are here
[42:25.080 --> 42:31.080]  Ok, did I hear you say earlier that you're in Tennessee right now?
[42:31.080 --> 42:37.080]  Well I drove through Jackson yesterday, the day before yesterday
[42:37.080 --> 42:39.080]  Ok
[42:39.080 --> 42:42.080]  Yes as a matter of fact I am in Tennessee
[42:42.080 --> 42:45.080]  So you're further east from here then?
[42:45.080 --> 42:50.080]  I'm north of you, Dresden
[42:50.080 --> 42:52.080]  How far, you're still in Tennessee? What?
[42:52.080 --> 42:56.080]  Yeah, I'm about 60 miles from Jackson
[42:56.080 --> 43:00.080]  Oh, you just visiting or you got something going?
[43:00.080 --> 43:06.080]  Yeah, my family's here, we're here for a family reunion for my mother tomorrow
[43:06.080 --> 43:12.080]  She's 92 and then we're going to a bigger family reunion next day
[43:12.080 --> 43:15.080]  We're just going to party hardy
[43:15.080 --> 43:23.080]  My family is abusive, can you hear my fat cells growing?
[43:23.080 --> 43:32.080]  You won't believe this but they held me down and took that bowl of blackberry cobbler and ice cream and forced it down my throat
[43:32.080 --> 43:36.080]  I'm sure they did, you put up a serious fight too didn't you?
[43:36.080 --> 43:38.080]  Yes I did
[43:38.080 --> 43:40.080]  You got spoon marks all over your face don't you?
[43:40.080 --> 43:44.080]  Yes I do
[43:44.080 --> 43:47.080]  Ok, what do we have Danny?
[43:47.080 --> 43:54.080]  We got 12 minutes before we go to break is what we got, Danny hang on there buddy we'll be right back to you
[43:54.080 --> 44:15.080]  Folks stay tuned, 12 seconds I'm sorry, we'll be right back
[44:24.080 --> 44:30.080]  If you'd like to see more of our products including our Australian Emu oil, lotion candles, olive oil soaps and colloidal silver and gold
[44:30.080 --> 44:37.080]  Call 512-264-4043 or find us online at naturespureorganics.com
[44:37.080 --> 44:43.080]  That's 512-264-4043 naturespureorganics.com
[44:43.080 --> 44:47.080]  Don't forget to like us on Facebook for information on events and our products
[44:47.080 --> 45:00.080]  naturespureorganics.com
[45:00.080 --> 45:04.080]  Are you the plaintiff or defendant in a lawsuit?
[45:04.080 --> 45:07.080]  Win your case without an attorney with Jurisdictionary
[45:07.080 --> 45:15.080]  The affordable easy to understand 4 CD course that will show you how in 24 hours step by step
[45:15.080 --> 45:19.080]  If you have a lawyer know what your lawyer should be doing
[45:19.080 --> 45:23.080]  If you don't have a lawyer know what you should do for yourself
[45:23.080 --> 45:28.080]  Thousands have won with our step by step course and now you can too
[45:28.080 --> 45:34.080]  Jurisdictionary was created by a licensed attorney with 22 years of case winning experience
[45:34.080 --> 45:43.080]  Even if you're not in a lawsuit you can learn what everyone should understand about the principles and practices that control our American courts
[45:43.080 --> 45:52.080]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, pro se tactics and much more
[45:52.080 --> 46:14.080]  Please visit RuleOfLawRadio.com and click on the banner or call toll free 866-LAW-EASY
[46:23.080 --> 46:30.080]  Always I must be careful what I'm wishing for
[46:30.080 --> 46:35.080]  When I'm hungry I like to know just what I'm fishing for
[46:35.080 --> 46:41.080]  I ain't asking for much I ain't trying to be no glutton
[46:41.080 --> 46:47.080]  I'm just here making my living pushing buttons
[46:47.080 --> 46:52.080]  I get my message out to anyone in shouting distance
[46:52.080 --> 46:54.080]  Vote for bravery
[46:54.080 --> 47:00.080]  Welcome back to Rule of Law Radio folks, Danny in Tennessee
[47:00.080 --> 47:05.080]  Hated to cut you off in midstream there buddy but the clock was ticking down
[47:05.080 --> 47:10.080]  And yeah dyslexia kicked in, we had 12 seconds not 12 minutes
[47:10.080 --> 47:14.080]  I think any prudent person could have figured that out
[47:14.080 --> 47:18.080]  I tried to push him off the cliff but he recovered too fast
[47:18.080 --> 47:24.080]  It didn't work, Danny what you got for us tonight brother?
[47:24.080 --> 47:30.080]  Well just today I got a motion for summary judgment
[47:30.080 --> 47:34.080]  There are strange things in this case in that
[47:34.080 --> 47:45.080]  Well originally they had done a motion to dismiss for fader stated claim and lack of standing
[47:45.080 --> 47:52.080]  It took a while to get the standing worked out because this was my mother's house
[47:52.080 --> 47:57.080]  And she had died and a reverse mortgage was on it
[47:57.080 --> 48:08.080]  But I was named in the will, my brother and I for the house
[48:08.080 --> 48:13.080]  Has the court determined that you do have standing?
[48:13.080 --> 48:18.080]  No basically refusing to sign an order
[48:18.080 --> 48:26.080]  Either way I put a proposed order in both to grant their motion or dismiss it
[48:26.080 --> 48:30.080]  And it hasn't done either
[48:30.080 --> 48:35.080]  And I put it
[48:35.080 --> 48:37.080]  That's interesting
[48:37.080 --> 48:44.080]  So now the defendant has filed their dispositive pleading, their dispositive motion
[48:44.080 --> 48:46.080]  Right
[48:46.080 --> 48:50.080]  And it's got some strange things in it too because of the exhibits
[48:50.080 --> 48:54.080]  They always do, the MSJs always do
[48:54.080 --> 49:01.080]  Well you probably hadn't had these before and heard this kind of thing
[49:01.080 --> 49:06.080]  It's got like the loan number on the note
[49:06.080 --> 49:10.080]  The loan number for the deed of trust
[49:10.080 --> 49:17.080]  Well for the papers they've put in they've obliterated part of the numbers
[49:17.080 --> 49:19.080]  In both of them
[49:19.080 --> 49:22.080]  Did they redact the numbers?
[49:22.080 --> 49:25.080]  Well yeah but not the whole number
[49:25.080 --> 49:28.080]  I understand that
[49:28.080 --> 49:38.080]  It's relatively common to redact loan numbers
[49:38.080 --> 49:40.080]  Why?
[49:40.080 --> 49:52.080]  Well it's an identifying number that to give the loan number would give up personal information
[49:52.080 --> 49:56.080]  It's kind of like what are the last four of your social?
[49:56.080 --> 50:00.080]  We don't care about the first seven, what are the last four?
[50:00.080 --> 50:10.080]  The only thing on the loan is borrower, lender, address and that's all on the security instrument
[50:10.080 --> 50:15.080]  Right and the security instrument is not redacted when it goes into public record either
[50:15.080 --> 50:25.080]  Right so redacting the loan number wouldn't protect any privileged information
[50:25.080 --> 50:30.080]  Wouldn't even protect any private information because that's already in the public record anyhow
[50:30.080 --> 50:35.080]  The only thing it would protect would be the lender in case he's got the wrong numbers up there
[50:35.080 --> 50:38.080]  There you go, now you're getting there
[50:38.080 --> 50:48.080]  Yeah that's what I was saying because they've also redacted those numbers off of their copy of the deed of trust that they're putting in
[50:48.080 --> 50:50.080]  Uh huh
[50:50.080 --> 51:04.080]  Yeah but on the other hand if the security instrument refers to a note of this amount for this property on this day
[51:04.080 --> 51:16.080]  That would adequately identify the note even without the loan number
[51:16.080 --> 51:30.080]  If you're a reasonable person of ordinary prudence and the bank comes to you and says we're referencing a note that was signed on this day by this person for this amount of money
[51:30.080 --> 51:50.080]  And for a property at this address the court's likely to say or the jury's likely to say well I wonder how many notes for that amount were signed by this person for this property on this day
[51:50.080 --> 52:01.080]  Reasonably the note is identified so that the loan number becomes essentially irrelevant
[52:01.080 --> 52:14.080]  Well that's another thing that's a little strange and this doesn't specify an amount of the loan but only a maximum amount of principal
[52:14.080 --> 52:17.080]  That's because it's a reverse mortgage
[52:17.080 --> 52:19.080]  Yeah
[52:19.080 --> 52:23.080]  No there was no loan
[52:23.080 --> 52:25.080]  What?
[52:25.080 --> 52:32.080]  Essentially this is a reverse mortgage so it's not exactly your traditional loan
[52:32.080 --> 52:42.080]  At closing there was no amount of money changing hands and there was no warranty deed transferred
[52:42.080 --> 52:52.080]  There was just an agreement so this is a whole different animal
[52:52.080 --> 53:16.080]  Reverse mortgages are generally given to elderly folk with limited or no heirs because the bank expects to take possession of the property upon the passing of the homeowner
[53:16.080 --> 53:28.080]  Now they've got commercials that make it sound beneficial for someone in their upper years to enter into one of these monstrous things
[53:28.080 --> 53:32.080]  And a lot of people buy them hook, line and sinker
[53:32.080 --> 53:40.080]  But I don't know I think they should be outlawed myself
[53:40.080 --> 53:48.080]  Okay Danny we do need to move kind of quickly Steve had something he wanted to present we're going to run out of time
[53:48.080 --> 53:54.080]  Do you have other issues besides the loan number?
[53:54.080 --> 54:05.080]  Well the amount of the loan because there was a definite amount that was put forward and that's not specified in here anywhere
[54:05.080 --> 54:09.080]  No wait a minute this is a reverse mortgage there is no loan
[54:09.080 --> 54:19.080]  The reverse mortgage replaced the original, the original is no longer there
[54:19.080 --> 54:21.080]  What the original loan?
[54:21.080 --> 54:23.080]  Correct it's no longer there
[54:23.080 --> 54:27.080]  There was no original loan
[54:27.080 --> 54:30.080]  Okay so was this a home equity deal?
[54:30.080 --> 54:49.080]  No no this is where the bank is buying the property essentially from the person by allowing them to live in the property while they're buying the property
[54:49.080 --> 54:52.080]  So there's no loan here this is a purchase agreement
[54:52.080 --> 54:57.080]  Yeah okay gotcha yeah
[54:57.080 --> 54:59.080]  Does that make sense Danny?
[54:59.080 --> 55:08.080]  Well sort of except it says borrower and borrower's promise to pay and
[55:08.080 --> 55:16.080]  Is the borrower defined in the document?
[55:16.080 --> 55:21.080]  It means the person signing at the end of this note
[55:21.080 --> 55:35.080]  Okay so borrower in this case doesn't necessarily mean the same thing it would in a mortgage or deed of trust instrument
[55:35.080 --> 55:41.080]  Okay but it does refer to this as being a note
[55:41.080 --> 55:51.080]  That's okay yeah it can be but it's not a note in the traditional sense
[55:51.080 --> 56:03.080]  It's a note where the bank agreed to pay her a certain amount over a period of time in return for the property at her passing
[56:03.080 --> 56:10.080]  They paid one amount once at the beginning
[56:10.080 --> 56:25.080]  Wait a minute this is confusing Danny every time we say something you change things up is this a reverse mortgage or is it some one time payment thing?
[56:25.080 --> 56:34.080]  Well it was set up as reverse mortgage and on this it says this is a home equity conversion mortgage loan
[56:34.080 --> 56:45.080]  Okay I have no idea what a home equity conversion mortgage loan is that's some kind of hybrid document that I've never heard of before
[56:45.080 --> 56:50.080]  So how much money did they give her first day?
[56:50.080 --> 56:54.080]  Well it didn't come in the first day but when it came in it was
[56:54.080 --> 56:56.080]  Well first payment
[56:56.080 --> 56:58.080]  Yeah $49,000
[56:58.080 --> 57:08.080]  Okay so they bought the property from her and agreed to let her live in it what was the property value there?
[57:08.080 --> 57:15.080]  Think at that time it said about $70,000 what the appraisal came in
[57:15.080 --> 57:19.080]  Okay what's the property value at now?
[57:19.080 --> 57:23.080]  Well I'm not completely sure but they
[57:23.080 --> 57:25.080]  Approximately
[57:25.080 --> 57:31.080]  Well they had it up for like $40,000 something
[57:31.080 --> 57:40.080]  You need a comp on it to give you a good idea but okay this sounds like they gave her a lump sum payment
[57:40.080 --> 57:57.080]  That was less than the current mortgage and current property value and agreed to allow her to live in the property as long as she lived
[57:57.080 --> 58:05.080]  Okay I don't know where we're going here and I'm going to run out of time you don't know what your questions are this is getting confusing
[58:05.080 --> 58:15.080]  Okay we've got 45 seconds in this segment what is the question at this point?
[58:15.080 --> 58:16.080]  Danny?
[58:16.080 --> 58:26.080]  I mean okay if that redacting well it doesn't have a specific amount as was part of it and
[58:26.080 --> 58:28.080]  I don't know what that means
[58:28.080 --> 58:30.080]  That's not going to matter
[58:30.080 --> 58:36.080]  Hang on we're about to go to break this is Randy Kelton and Steve Skidmore with the radio
[58:36.080 --> 58:41.080]  Calling number 512-646-1984
[58:41.080 --> 58:50.080]  When we come back and get done with Danny we're going to go to Steve for a little bit and then we'll go back to calls we'll be right back
[58:50.080 --> 59:00.080]  Would you like to make more definite progress in your walk with God? Bibles for America is offering a free study Bible and a set of free Christian books that can really help
[59:00.080 --> 59:06.080]  The New Testament recovery version is one of the most comprehensive study Bibles available today
[59:06.080 --> 59:13.080]  It's an accurate translation and it contains thousands of footnotes that will help you to know God and to know the meaning of life
[59:13.080 --> 59:21.080]  The free books are a three volume set called basic elements of the Christian life chapter by chapter basic elements of the Christian life
[59:21.080 --> 59:27.080]  Clearly presents God's plan of salvation growing in Christ and how to build up the church
[59:27.080 --> 59:33.080]  To order your free New Testament recovery version and basic elements of the Christian life
[59:33.080 --> 59:45.080]  Call Bibles for America toll free at 888-551-0102
[59:45.080 --> 01:00:03.080]  Or visit us online at BFA.org
[01:00:03.080 --> 01:00:22.080]  This is the Liberty Beat your daily source for Liberty News and activist updates online at thelibertybeat.com
[01:00:22.080 --> 01:00:37.080]  Support for Liberty Beat comes from Central Texas Gunworks your online source for firearms, firearm accessories and ammunition
[01:00:37.080 --> 01:00:45.080]  In the news in the wake of the Michael Brown shooting in Ferguson Missouri activists across the country are looking for solutions to the problem of police brutality
[01:00:45.080 --> 01:00:52.080]  Some groups are calling for political action to deal with the issue others are circumventing the political channels altogether and taking direct action
[01:00:52.080 --> 01:00:58.080]  One group doing just that is the Huey P. Newton Gun Club named after the late co-founder of the Black Panther Party
[01:00:58.080 --> 01:01:03.080]  The Huey P. Newton Gun Club organized an open carry march in downtown Dallas Texas this week
[01:01:03.080 --> 01:01:12.080]  Organizers of the demonstration say their purpose is twofold to protect people of their communities from the police and to educate the public about their right to keep and bear arms
[01:01:12.080 --> 01:01:22.080]  After being denied in an appeals court opponents of Houston's Equal Rights Ordinance are asking the Texas Supreme Court to help them in their efforts to force a referendum on the law
[01:01:22.080 --> 01:01:29.080]  On Tuesday opponents of the law filed a request seeking to have the court force the city to suspend the measure until another vote takes place
[01:01:29.080 --> 01:01:36.080]  The law which passed in May bans discrimination based on sexual orientation and gender identity as well as other factors
[01:01:36.080 --> 01:01:46.080]  Is Austin Texas becoming a nanny state? Well that's the question many are asking after two pieces of legislation were passed at Thursday's city council meeting
[01:01:46.080 --> 01:01:49.080]  Further restricting the liberties and property rights of Austin residents
[01:01:49.080 --> 01:01:54.080]  The council unanimously passed legislation banning motorists from using cell phones while driving
[01:01:54.080 --> 01:01:58.080]  Well that follows an ordinance passed in 2010 that banned texting while driving
[01:01:58.080 --> 01:02:07.080]  On top of that an ordinance authored by Chris Riley which requires businesses in Austin with single stall bathrooms to label the bathroom as gender neutral also passed
[01:02:07.080 --> 01:02:14.080]  The legislation is intended to make transgender people feel more comfortable but some Austin residents think the city has bigger issues to deal with
[01:02:14.080 --> 01:02:17.080]  Support for the Liberty Beat comes from My Magic Mud
[01:02:17.080 --> 01:02:23.080]  All natural teeth whitener, go to MyMagicMud.com to hear a short interview with Dr. Griffin Cole
[01:02:23.080 --> 01:02:25.080]  That's MyMagicMud.com
[01:02:25.080 --> 01:02:29.080]  And support comes from Midas Resources Incorporated
[01:02:29.080 --> 01:02:36.080]  Helping clients convert their paper 401Ks and IRAs to solid gold and silver
[01:02:36.080 --> 01:02:43.080]  Get their 10 reason books free by calling 800-686-2237
[01:02:43.080 --> 01:02:48.080]  That's 1-800-686-2237
[01:02:48.080 --> 01:02:53.080]  This is the Liberty Beat for Friday, August 29th, 2014
[01:02:53.080 --> 01:02:57.080]  Make sure you check out our website at TheLibertyBeat.com
[01:03:23.080 --> 01:03:41.080]  Welcome back to Rule of Law Radio, folks.
[01:03:41.080 --> 01:04:01.080]  Danny in Tennessee, we've been talking about this over the break and Randy and I are both in agreement on this that you, okay, let me kind of nutshell this or summarize this
[01:04:01.080 --> 01:04:04.080]  Your mom went through a reverse mortgage
[01:04:04.080 --> 01:04:09.080]  The bank paid her one payment, lump sum of 49 grand
[01:04:09.080 --> 01:04:14.080]  They purchased the house outright if it was just one payment
[01:04:14.080 --> 01:04:21.080]  They purchased it outright and agreed to let her live in the house until she passed away
[01:04:21.080 --> 01:04:29.080]  Upon which the house was then in the possession of the bank
[01:04:29.080 --> 01:04:45.080]  If you are an heir to the estate, the house is no longer a part of the estate and in that, given that fact that that would take away any standing that you would ever have
[01:04:45.080 --> 01:04:56.080]  You may be an heir to the estate but the house is no longer a part of the estate because the bank paid for it in a lump sum and let her live there until she died
[01:04:56.080 --> 01:05:06.080]  Unless you've got something to counter that, man, I'm going to say you don't have a dog in this hunt
[01:05:06.080 --> 01:05:10.080]  Well, they recorded the deed of trust
[01:05:10.080 --> 01:05:13.080]  So?
[01:05:13.080 --> 01:05:19.080]  So I don't see if the deed of trust, you know, why do you think that's not
[01:05:19.080 --> 01:05:25.080]  What does the deed of trust say?
[01:05:25.080 --> 01:05:36.080]  Well, quite a few things, I mean, you know, it goes over to the trustee and
[01:05:36.080 --> 01:05:43.080]  And what's the trustee to, you know, this is not your standard, can't be your standard Fannie Mae Freddie Mac uniform instrument
[01:05:43.080 --> 01:06:04.080]  This one has to say something like the trustee will hold the property in trust until the borrower passes away at which time the trustees required to transfer the property to the bank
[01:06:04.080 --> 01:06:11.080]  This is not your standard stuff and that's how it should be
[01:06:11.080 --> 01:06:24.080]  Well, they still went through notices and advertising sale and having the foreclosure sale and trustee deed
[01:06:24.080 --> 01:06:30.080]  Well, I don't know why there must be some peculiar Tennessee law
[01:06:30.080 --> 01:06:40.080]  If I bought a house and I agreed to let you live in it until you passed away, I would have no need to foreclose
[01:06:40.080 --> 01:06:48.080]  Because I bought it unless they wrote this in the form of a home equity loan
[01:06:48.080 --> 01:06:54.080]  I really don't understand enough to be able to comment on this
[01:06:54.080 --> 01:06:58.080]  This is nothing like anything I've ever looked at. What about you, Steve?
[01:06:58.080 --> 01:07:04.080]  The scope of my knowledge on reverse mortgages is not very deep
[01:07:04.080 --> 01:07:13.080]  I will admit that, but I do have my current understanding of a reverse mortgage is that it is exactly that
[01:07:13.080 --> 01:07:20.080]  Instead of someone who doesn't have a house going to a bank to borrow money to buy a house
[01:07:20.080 --> 01:07:22.080]  This is the reverse of that
[01:07:22.080 --> 01:07:30.080]  This is somebody that owns a house and sells it to the bank and the bank pays them for the house
[01:07:30.080 --> 01:07:36.080]  And they're there until they die. Unfortunately, this disposes of any errors
[01:07:36.080 --> 01:07:46.080]  It would essentially remove the property from the estate
[01:07:46.080 --> 01:07:49.080]  Taking away your standing, Danny
[01:07:49.080 --> 01:08:00.080]  In their original motion to dismiss, they brought up that the estate was the one that had standing in the case
[01:08:00.080 --> 01:08:06.080]  And that could only be brought by the executor
[01:08:06.080 --> 01:08:09.080]  Who's the executor?
[01:08:09.080 --> 01:08:19.080]  My brother was originally named his first one, but he didn't want to be involved in this
[01:08:19.080 --> 01:08:28.080]  I was made into the executor through the court
[01:08:28.080 --> 01:08:30.080]  And the plot thickens
[01:08:30.080 --> 01:08:37.080]  Danny, we're running out of time and I really don't know how to address this
[01:08:37.080 --> 01:08:40.080]  I don't either. You got me stumped on this
[01:08:40.080 --> 01:08:48.080]  I'm kind of banding things back and forth, but we can do this all night and I don't know where to go
[01:08:48.080 --> 01:08:52.080]  So I guess you could say you stumped the chumps
[01:08:52.080 --> 01:08:56.080]  Both of us
[01:08:56.080 --> 01:09:00.080]  You know what? I need to do some more research in reverse mortgages
[01:09:00.080 --> 01:09:07.080]  And we need to move on. I don't see how we can get any further than we are
[01:09:07.080 --> 01:09:12.080]  Because I don't know what I'm talking about
[01:09:12.080 --> 01:09:17.080]  I guess you stay pretty busy with the stuff you're up here for
[01:09:17.080 --> 01:09:20.080]  Yes I am
[01:09:20.080 --> 01:09:32.080]  My project is getting close to, we're about to put out a rather large presentation to a very large company
[01:09:32.080 --> 01:09:37.080]  We may get this thing interim financed and get it walking and rolling
[01:09:37.080 --> 01:09:41.080]  You want Randy to stop by for a cup of coffee on his way south?
[01:09:41.080 --> 01:09:50.080]  Well something like that or I'd run up his way if he wasn't going to be involved too much, but I won't take up too much of his time
[01:09:50.080 --> 01:09:53.080]  I will be. The only time I'll have is on the way back
[01:09:53.080 --> 01:10:02.080]  We have a family reunion tomorrow and then a family reunion the next day and then I'm heading down Monday to go back home
[01:10:02.080 --> 01:10:05.080]  Okay, that might work pretty well
[01:10:05.080 --> 01:10:12.080]  Send me an email so I have the correct number and I'll call you on the way to Jackson
[01:10:12.080 --> 01:10:15.080]  Okay, that'll be good
[01:10:15.080 --> 01:10:18.080]  It's been a while since I've seen you. Alright, bye
[01:10:18.080 --> 01:10:20.080]  Okay, bye
[01:10:20.080 --> 01:10:22.080]  Thank you, Danny
[01:10:22.080 --> 01:10:27.080]  And I see that we've got another, where'd my caller page go?
[01:10:27.080 --> 01:10:29.080]  I see we've got William in New York
[01:10:29.080 --> 01:10:40.080]  William, if you will, bear with me for a little bit because I've been itching to get to something here that should prove to be a game changer
[01:10:40.080 --> 01:10:49.080]  for anybody fighting a foreclosure or foreclosure mill, more specifically foreclosure mill attorneys here in the state of Texas
[01:10:49.080 --> 01:11:03.080]  Before I get to the case, let me go to what was argued in this case
[01:11:03.080 --> 01:11:12.080]  The appellant, this is out of the Court of Appeals, the 5th Court of Appeals in Dallas, Texas
[01:11:12.080 --> 01:11:32.080]  In the Court of Appeals, the appellant was claiming conspiracy, that is that the foreclosure mills conspired with their alleged client
[01:11:32.080 --> 01:11:42.080]  to counterfeit a document and give you just a very brief rundown
[01:11:42.080 --> 01:11:47.080]  Santiago is the appellant here
[01:11:47.080 --> 01:11:52.080]  Santiago wanted to see a copy of the original note
[01:11:52.080 --> 01:12:03.080]  So Mackey Wolfe Zentz and Man P.C., the foreclosure mill attorneys here said, sure, come on down and take a look at it
[01:12:03.080 --> 01:12:07.080]  Well, when Santiago got down there to look at it, it was a copy
[01:12:07.080 --> 01:12:23.080]  So they claimed that Mackey Wolfe and the bank, let me see who the bank was, I'll get to it here in a minute and I'll find it
[01:12:23.080 --> 01:12:39.080]  But they claim that they conspired to counterfeit the note and in doing so, they violated Texas Practice and Remedies Code section 12.002
[01:12:39.080 --> 01:12:48.080]  I'll read 12.002, I won't go all the way into it, we can just go through the first paragraph or two
[01:12:48.080 --> 01:12:55.080]  Liability, this is Texas Civil Practice and Remedies Code section 12.002
[01:12:55.080 --> 01:13:04.080]  Liability, A, a person may not make, present or use a document or other record with
[01:13:04.080 --> 01:13:19.080]  One, knowledge that the document or other record is a fraudulent court record or a fraudulent lien or claim against real or personal property or an interest in real or personal property
[01:13:19.080 --> 01:13:42.080]  And two, intent that the document or other record be given the same legal effect as a court record or document of a court created by or established under the Constitution or laws of this state or the United States
[01:13:42.080 --> 01:13:54.080]  Or another entity listed in section 37.01 Penal Code, evidencing a valid lien or claim against real or personal property or an interest in real or personal property
[01:13:54.080 --> 01:14:07.080]  And three, intent to cause another person to suffer, A, physical injury, B, financial injury, or three, mental anguish or emotional distress
[01:14:07.080 --> 01:14:12.080]  Now it goes further but there's no point in reading any more of that so let's get into this
[01:14:12.080 --> 01:14:28.080]  I am reading from a memorandum opinion from the Fifth Court of Appeals in Dallas which was signed and filed on the 19th day of August this year, 2014
[01:14:28.080 --> 01:14:38.080]  The parties are Louis A. Santiago and Linda A. Santiago, Appellants versus Mackie Wolfe Zients and Mann PC
[01:14:38.080 --> 01:14:49.080]  This, folks, is going to be a game changer for anybody that wants to sue these corrupt attorneys who represent banks and whatnot
[01:14:49.080 --> 01:15:01.080]  Because the only issue that Mackie Wolfe brought to the table was the affirmative defense of attorney immunity
[01:15:01.080 --> 01:15:10.080]  And I can't tell you how many times I've heard attorneys stand up and say, oh, we're protected by attorney immunity
[01:15:10.080 --> 01:15:21.080]  All of the litigation and all of the claims were presented to the court in a proper manner and as a part of the discharge of our duties to our client
[01:15:21.080 --> 01:15:32.080]  Well, wrong. I've highlighted some of this and I'm going to go through this real quick
[01:15:32.080 --> 01:15:45.080]  Two issues, in two issues, Appellants contend the trial court erred in granting Mackie, okay, let me go back and give just a little bit more foundation here
[01:15:45.080 --> 01:16:02.080]  When this case was removed to the Fed, Santiago's filed suit, it was removed to the Fed by Mackie Wolfe
[01:16:02.080 --> 01:16:15.080]  They asked to see the note, Mackie Wolfe presented a copy, so Santiago filed an amended petition adding Mackie Wolfe as a defendant
[01:16:15.080 --> 01:16:30.080]  This part against Mackie Wolfe was severed and remanded back to the state court and when that happened, that made the summary judgment final
[01:16:30.080 --> 01:16:44.080]  So, on the issue regarding, strictly regarding Mackie Wolfe, I do hear the music in the background, thought I did
[01:16:44.080 --> 01:16:54.080]  We'll be right back after this very brief break folks, so stay tuned, 512-646-1984 is the number to dial
[01:16:54.080 --> 01:17:00.080]  William & New York, don't go away, we'll be right back, stay tuned
[01:17:24.080 --> 01:17:33.080]  If that wasn't enough, Dr. Griffin Cole DDS, who's been featured on the Alex Jones show, loves it too
[01:17:33.080 --> 01:17:43.080]  Hi, I'm Dr. Griffin Cole, and I got to tell you, I really love this Magic Mud product, because charcoal is so absorbent, it's very effective at taking off all the sticky plaque and debris that gets stuck on our teeth everyday
[01:17:43.080 --> 01:17:45.080]  I highly recommend My Magic Mud
[01:17:45.080 --> 01:17:51.080]  If you haven't yet experienced My Magic Mud, it's never too late to brighten your smile and strengthen your teeth
[01:17:51.080 --> 01:18:01.080]  Get your jar of My Magic Mud today at Brave New Books, located at 1904 Guadalupe Street, or order online today at MyMagicMud.com
[01:18:01.080 --> 01:18:09.080]  At Capital Coin and Bullion, our mission is to be your preferred shopping destination by delivering excellent customer service and outstanding value at an affordable price
[01:18:09.080 --> 01:18:15.080]  We provide a wide assortment of favorite products featuring a great selection of high quality coins and precious metals
[01:18:15.080 --> 01:18:24.080]  We cater to beginners in coin collecting as well as large transactions for investors, we believe in educating our customers with resources from top accredited metals dealers and journalists
[01:18:24.080 --> 01:18:27.080]  If we don't have what you're looking for, we can find it
[01:18:27.080 --> 01:18:32.080]  In addition, we carry popular Young Jevity products such as Beyond Tangy Tangerine and Pollenburst
[01:18:32.080 --> 01:18:39.080]  We also offer One World Way, Mountain House Storable Foods, Berkey Water products, ammunition at 10% above wholesale, and more
[01:18:39.080 --> 01:18:46.080]  We broker metals IRA accounts and we also accept bitcoins as payment. Call us at 512-646-6440
[01:18:46.080 --> 01:18:51.080]  We're located at 7304 Burnett Road, Suite A, about a half mile south of Anderson
[01:18:51.080 --> 01:18:54.080]  We're open Monday through Friday 10-6, Saturdays 10-2
[01:18:54.080 --> 01:19:10.080]  Visit us at capitalcoinandbullion.com or call 512-646-6440
[01:19:24.080 --> 01:19:42.080]  Welcome back to Rule of Law Radio, folks. Before we left the break, I started into Santiago v. Mackie Wolfe. This is a game changer here, folks.
[01:19:42.080 --> 01:19:49.080]  Let me get into this memorandum opinion now here in the first paragraph.
[01:19:49.080 --> 01:19:55.080]  It states that—well, let me just read the whole first paragraph.
[01:19:55.080 --> 01:20:08.080]  Before Chief Justice Wright, Justice Bridges, and Justice Richter, opinion by Justice Richter
[01:20:08.080 --> 01:20:20.080]  Lewis and Linda Santiago sued several entities involved in their home equity loan and the law firm Mackie Wolfe, Zients & Mann PC here after Mackie Wolfe
[01:20:20.080 --> 01:20:36.080]  After the trial court granted summary judgment in favor of Mackie Wolfe on all of the Santiago's claims, the trial court granted Mackie Wolfe's motion to sever
[01:20:36.080 --> 01:20:46.080]  Two issues. Appellants contend the trial court errored in granting Mackie Wolfe's motion for summary judgment because
[01:20:46.080 --> 01:20:52.080]  One, the trial court granted summary judgment on an unpled affirmative defense
[01:20:52.080 --> 01:20:57.080]  And two, Mackie Wolfe is not entitled to attorney immunity on this record
[01:20:57.080 --> 01:21:08.080]  We agree that Mackie Wolfe is not entitled to attorney immunity on this record and sever and remand the trial court's judgment
[01:21:08.080 --> 01:21:18.080]  Now, I'll not read the entire background. It's a little lengthy. I have made some highlights here, so some of the stronger points here states
[01:21:18.080 --> 01:21:31.080]  The court stated in the opinion that this motion, in this motion, the only ground asserted by Mackie Wolfe is that it was immune from liability
[01:21:31.080 --> 01:21:41.080]  For action taken in its representation of Bonnie and Aquinn in the foreclosure matter as a matter of law
[01:21:41.080 --> 01:21:54.080]  Now, what I see here is an admission by omission. Mackie Wolfe never denied having done anything illegal or unethical
[01:21:54.080 --> 01:22:04.080]  Instead, they gave the task an implication that they did indeed commit something illegal or unethical, but that they were immune from prosecution
[01:22:04.080 --> 01:22:11.080]  So it's like a nanny nanny boo boo. Well, that didn't work out too well for them
[01:22:11.080 --> 01:22:20.080]  Importantly, Mackie Wolfe did not allege evidence, did not allege no evidence grounds in its motion for summary judgment
[01:22:20.080 --> 01:22:29.080]  And did not address the appellant's claim for negligent misrepresentation and violation of section 12.002
[01:22:29.080 --> 01:22:44.080]  Now, this memorandum does give a very good roadmap on how to address a motion for summary judgment
[01:22:44.080 --> 01:22:55.080]  That's kind of lengthy, but I'll forego the length of it in the spirit of brevity
[01:22:55.080 --> 01:23:04.080]  In applicable law, the section titled applicable law, the opinion reads
[01:23:04.080 --> 01:23:09.080]  The purpose behind the rule is to allow, and that is the rule of attorney immunity
[01:23:09.080 --> 01:23:17.080]  Is to allow an attorney to fulfill his duty and zealously represent his client within the bounds of law
[01:23:17.080 --> 01:23:27.080]  Key point there, within the bounds of law, by fully taking advantage of the client's rights and defenses without threat of liability
[01:23:27.080 --> 01:23:29.080]  And gives case law to back that up
[01:23:29.080 --> 01:23:45.080]  Therefore, an attorney's conduct, even if frivolous or without merit, is not actionable as long as the conduct was part of the discharge of the lawyer's duties in representing his client
[01:23:45.080 --> 01:23:53.080]  Let me pause right there and go back to the bounds of law, within the bounds of law
[01:23:53.080 --> 01:23:59.080]  When Mackie Wolfe said, come and see the original instrument
[01:23:59.080 --> 01:24:12.080]  And instead of presenting the original instrument, they presented a copy of an instrument, whether original or not
[01:24:12.080 --> 01:24:16.080]  That was not within the bounds of law, folks
[01:24:16.080 --> 01:24:19.080]  That was outside the bounds of law
[01:24:19.080 --> 01:24:21.080]  That's like a bait and switch
[01:24:21.080 --> 01:24:32.080]  Well, if an attorney breaks the law in the representation of his client
[01:24:32.080 --> 01:24:38.080]  He has stepped outside the bounds of law and he has left his immunity behind him
[01:24:38.080 --> 01:24:43.080]  An attorney's conduct, I'm sorry, I already read that
[01:24:43.080 --> 01:24:49.080]  However, a lawyer's production cut take two
[01:24:49.080 --> 01:24:59.080]  However, a lawyer's protection from liability claims arises out of the representation of clients is not without limits
[01:24:59.080 --> 01:25:10.080]  Texas courts have recognized exceptions to attorney immunity defense based on the attorney's fraudulent or malicious conduct
[01:25:10.080 --> 01:25:17.080]  Even if the attorney's conduct was in the course of representing their client
[01:25:17.080 --> 01:25:24.080]  An attorney can be held liable by a third party, that being the Santiago's or maybe you
[01:25:24.080 --> 01:25:30.080]  For actions that are not a part of the discharge of the duties to his client
[01:25:30.080 --> 01:25:40.080]  Folks, I don't know of any statute, any rule or any constitutional provision that allows an attorney to break the law
[01:25:40.080 --> 01:25:44.080]  In the discharge of his duties to the client
[01:25:44.080 --> 01:25:51.080]  As a matter of fact, an attorney cannot be heard to say that he doesn't know procedure or law because that's his profession
[01:25:51.080 --> 01:26:00.080]  As such, attorneys acting on behalf of their clients are not shielded from liability or fraudulent conduct because of fraudulent conducts
[01:26:00.080 --> 01:26:09.080]  Fraudulent acts are entirely, and this is a quote, foreign to the duties of an attorney
[01:26:09.080 --> 01:26:11.080]  There's the key right there
[01:26:11.080 --> 01:26:14.080]  Foreign to the duties of an attorney
[01:26:14.080 --> 01:26:24.080]  Furthermore, an attorney is also liable if he knowingly enters into a conspiracy to defraud the third party in the course of his representation to a client
[01:26:24.080 --> 01:26:26.080]  Okay
[01:26:26.080 --> 01:26:34.080]  Keep in mind here, folks, that being that an attorney's profession is the practice of law
[01:26:34.080 --> 01:26:40.080]  He can't be heard to say that he didn't know that he was entering into a conspiracy
[01:26:40.080 --> 01:26:45.080]  He's the one that did it, he's an attorney, he knows what a conspiracy is
[01:26:45.080 --> 01:26:56.080]  And under certain circumstances, attorneys may also be held liable to a third party for other torts
[01:26:56.080 --> 01:26:59.080]  Such as negligent misrepresentation
[01:26:59.080 --> 01:27:08.080]  Despite the absence of a general negligence duty to non-clients
[01:27:08.080 --> 01:27:13.080]  Thus, if the only grounds for summary judgment is attorney immunity
[01:27:13.080 --> 01:27:21.080]  And the plaintiff alleges claims that could be, that could arguably involve fraudulent conduct
[01:27:21.080 --> 01:27:31.080]  The trial court should deny the motion for summary judgment based on attorney immunity as to those claims
[01:27:31.080 --> 01:27:42.080]  So immunity is an affirmative defense that ordinarily must be pled to avoid waiver
[01:27:42.080 --> 01:27:48.080]  So by not pleading out their issues, they waived it
[01:27:48.080 --> 01:27:54.080]  So is this essentially the mark of open season?
[01:27:54.080 --> 01:28:01.080]  Yeah, no permit required, open season
[01:28:01.080 --> 01:28:04.080]  Everybody loads your squirrel guns
[01:28:04.080 --> 01:28:07.080]  So this can be taken back
[01:28:07.080 --> 01:28:16.080]  We can take lawyers who've already done these things and bring a case against them now
[01:28:16.080 --> 01:28:21.080]  And this ruling will stand
[01:28:21.080 --> 01:28:24.080]  I don't know if there's a statute of limitations on that
[01:28:24.080 --> 01:28:29.080]  If there is, it would probably be two years, but yes, absolutely
[01:28:29.080 --> 01:28:31.080]  Absolutely
[01:28:31.080 --> 01:28:39.080]  So I know some lawyers who might want to start putting on their flak jackets
[01:28:39.080 --> 01:28:41.080]  Yeah, several of them
[01:28:41.080 --> 01:28:47.080]  And this essentially said that you have standing to bring a claim against the lawyer
[01:28:47.080 --> 01:28:52.080]  Even though you're not the lawyer's client, and that's one of the first things they
[01:28:52.080 --> 01:28:57.080]  If you try to sue a lawyer for malpractice when he's the opposing counsel, that's their first claim
[01:28:57.080 --> 01:29:00.080]  Yes, absolutely
[01:29:00.080 --> 01:29:02.080]  It's always their first claim
[01:29:02.080 --> 01:29:08.080]  That or their affirmative defense of attorney immunity
[01:29:08.080 --> 01:29:15.080]  Which again, if they stay, okay, if you've got, keeping in mind that lawyers legally cannot lie
[01:29:15.080 --> 01:29:19.080]  What a lawyer does instead is he commits aggravated perjury
[01:29:19.080 --> 01:29:23.080]  He commits fraudulent misrepresentation of material facts
[01:29:23.080 --> 01:29:27.080]  He violates countless ethics codes
[01:29:27.080 --> 01:29:37.080]  So what this all boils down to is that the motion for summary judgment
[01:29:37.080 --> 01:29:41.080]  The dispositive motion was dismissed or reversed
[01:29:41.080 --> 01:29:46.080]  Which means that Santiago could now go to trial on these issues
[01:29:46.080 --> 01:29:50.080]  And sue the living fire out of Mackie Wolfe
[01:29:50.080 --> 01:29:54.080]  This is too much fun
[01:29:54.080 --> 01:29:56.080]  Randy Kelton, Steve Skidmore, Roovelaw Radio
[01:29:56.080 --> 01:29:58.080]  We'll be right back
[01:30:03.080 --> 01:30:07.080]  Candy soda and cupcakes may please your taste buds
[01:30:07.080 --> 01:30:11.080]  But did you know that binging on sugar can slow down your brain?
[01:30:11.080 --> 01:30:17.080]  I'm Dr. Catherine Albrecht and I'll share new research showing how sweets may dumb you down, next
[01:30:17.080 --> 01:30:19.080]  Privacy is under attack
[01:30:19.080 --> 01:30:22.080]  When you give up data about yourself, you'll never get it back again
[01:30:22.080 --> 01:30:27.080]  And once your privacy is gone, you'll find your freedoms will start to vanish too
[01:30:27.080 --> 01:30:29.080]  So protect your rights
[01:30:29.080 --> 01:30:33.080]  Say no to surveillance and keep your information to yourself
[01:30:33.080 --> 01:30:35.080]  Privacy, it's worth hanging on to
[01:30:35.080 --> 01:30:38.080]  This message is brought to you by Startpage.com
[01:30:38.080 --> 01:30:42.080]  The private search engine alternative to Google, Yahoo, and Bing
[01:30:42.080 --> 01:30:46.080]  Start over with Startpage
[01:30:46.080 --> 01:30:50.080]  Attention sugar junkies, if snorkeling sweets and guzzling soda is your thing
[01:30:50.080 --> 01:30:53.080]  I've got some not so sweet news for you
[01:30:53.080 --> 01:30:58.080]  A new study shows a diet high in fructose could make you dumber in just a few short weeks
[01:30:58.080 --> 01:31:02.080]  UCLA researchers gave lab rats fructose in their drinking water
[01:31:02.080 --> 01:31:05.080]  While training them how to navigate a maze
[01:31:05.080 --> 01:31:09.080]  After six weeks of sucking sugar, the dazed animals began to struggle
[01:31:09.080 --> 01:31:13.080]  In fact, their overall brain function diminished noticeably
[01:31:13.080 --> 01:31:18.080]  Still want that fudge sundae? Then eat plenty of foods rich in omega-3 fatty acids
[01:31:18.080 --> 01:31:23.080]  Rats who ate omega-3s zipped through that maze much faster than those that didn't
[01:31:23.080 --> 01:31:26.080]  I'm Dr. Catherine Albrecht for Startpage.com
[01:31:26.080 --> 01:31:31.080]  The world's most private search engine
[01:31:31.080 --> 01:31:35.080]  I lost my son, my nephew, my uncle, my son on September 11th, 2001
[01:31:35.080 --> 01:31:39.080]  Most people don't know that a third tower fell on September 11th
[01:31:39.080 --> 01:31:43.080]  World Trade Center 7, a 47-story skyscraper was not hit by a plane
[01:31:43.080 --> 01:31:47.080]  Although the official explanation is that fire brought down building 7
[01:31:47.080 --> 01:31:51.080]  Over 1,200 architects and engineers have looked into the evidence
[01:31:51.080 --> 01:31:53.080]  And believe there is more to the story
[01:31:53.080 --> 01:31:56.080]  Bring justice to my son, my uncle, my nephew, my son
[01:31:56.080 --> 01:32:01.080]  Go to buildingwhat.org, why it fell, why it matters, and what you can do
[01:32:01.080 --> 01:32:05.080]  After work, I'm so tired that I want to be left alone to sleep
[01:32:05.080 --> 01:32:08.080]  Hey, listen to me! Who are you?
[01:32:08.080 --> 01:32:12.080]  I'm you years ago when you felt healthy and young and everything worked on your body
[01:32:12.080 --> 01:32:13.080]  Do you remember that?
[01:32:13.080 --> 01:32:15.080]  Yes, I wish I felt like that now
[01:32:15.080 --> 01:32:20.080]  You can feel like that again with a new micro-plant powder formulation called Iodine Now
[01:32:20.080 --> 01:32:25.080]  It cleans the entire body from head to toe and feeds the body what it really needs
[01:32:25.080 --> 01:32:28.080]  You'll be in a better mood and you'll find more drive in your romantic life
[01:32:28.080 --> 01:32:32.080]  Really? I gotta try Iodine Now and feel good again
[01:32:32.080 --> 01:32:36.080]  It also protects you from radiation, heavy metals, fluoride, chlorine, and bromine
[01:32:36.080 --> 01:32:38.080]  Including cancer and most major diseases
[01:32:38.080 --> 01:32:41.080]  You'll be amazed, you can be your own doctor
[01:32:41.080 --> 01:32:44.080]  I want to keep you out of the hospital and off pharmaceuticals
[01:32:44.080 --> 01:32:46.080]  Wow, why are you so nice to me?
[01:32:46.080 --> 01:32:50.080]  Because I'm you, you're out of shape, and I need a better looking future
[01:32:50.080 --> 01:32:56.080]  Call 888-910-4367, that's 888-910-4367
[01:32:56.080 --> 01:33:24.080]  Or visit microplantpowder.com
[01:33:24.080 --> 01:33:26.080]  Welcome back to Rood Alo Radio, folks
[01:33:26.080 --> 01:33:28.080]  We promised to go back to callers
[01:33:28.080 --> 01:33:30.080]  We've got a half hour left in tonight's show
[01:33:30.080 --> 01:33:32.080]  So with no further ado
[01:33:32.080 --> 01:33:36.080]  And let me just revisit Santiago v. Mackey
[01:33:36.080 --> 01:33:41.080]  Folks, huge is an understatement
[01:33:41.080 --> 01:33:51.080]  This is going to put several foreclosure mills right square in the crosshairs of a homeowner
[01:33:51.080 --> 01:33:58.080]  You catch these guys breaking the law, nail them to the cross
[01:33:58.080 --> 01:34:03.080]  So William in New York, you've been hanging on for quite some time
[01:34:03.080 --> 01:34:05.080]  And sir, I'd like to first thank you for your patience
[01:34:05.080 --> 01:34:07.080]  What do you got for us tonight?
[01:34:07.080 --> 01:34:09.080]  Oh, thank me, yeah, thank you
[01:34:09.080 --> 01:34:15.080]  Listen, tell me about this, these trustees, what role are they?
[01:34:15.080 --> 01:34:18.080]  I mean, how many hats they weigh?
[01:34:18.080 --> 01:34:22.080]  Okay, let's first define trustee, there are several trustees
[01:34:22.080 --> 01:34:25.080]  Are you talking about the trustee at the time of mortgage?
[01:34:25.080 --> 01:34:30.080]  Or are you talking about the trustee of the pass-through remic account?
[01:34:30.080 --> 01:34:33.080]  Are you talking about the substitute trustee?
[01:34:33.080 --> 01:34:35.080]  Which trustee are we talking about?
[01:34:35.080 --> 01:34:39.080]  Trustee to securitized trust
[01:34:39.080 --> 01:34:42.080]  To the securitized trust, okay
[01:34:42.080 --> 01:34:49.080]  The trustee's duties are to make sure that all of the mortgages or the mortgage-backed securities
[01:34:49.080 --> 01:34:56.080]  That are placed into a real estate investment conduit or aka remic
[01:34:56.080 --> 01:35:03.080]  Are up to the standards of New York or Delaware trust law
[01:35:03.080 --> 01:35:08.080]  That they are all similar in certain respects
[01:35:08.080 --> 01:35:15.080]  And that the conduct of business throughout the course of the lifetime of the trust
[01:35:15.080 --> 01:35:21.080]  Is done in compliance with securities, cut, take two
[01:35:21.080 --> 01:35:26.080]  Securities exchange commission regulations
[01:35:26.080 --> 01:35:31.080]  Yeah, because I see many of them, they act as, they come in as the plaintiff
[01:35:31.080 --> 01:35:36.080]  But can they also be an investor at the same time, they act as a trustee
[01:35:36.080 --> 01:35:37.080]  No
[01:35:37.080 --> 01:35:38.080]  No
[01:35:38.080 --> 01:35:39.080]  No
[01:35:39.080 --> 01:35:44.080]  The trustee conducts the business of the investors
[01:35:44.080 --> 01:35:50.080]  Okay, think of this kind of like the conductor of a symphony
[01:35:50.080 --> 01:36:00.080]  You have cellos, you have horns, you have drums, you have violins
[01:36:00.080 --> 01:36:06.080]  You've got all these instruments on stage and they're all playing at the same time
[01:36:06.080 --> 01:36:15.080]  The trustee is the conductor, his job is to make sure that everybody is playing the same tune at the same time and at the same beat
[01:36:15.080 --> 01:36:21.080]  One wrong step and the song is shot to hell
[01:36:21.080 --> 01:36:34.080]  Well they are shot to hell, the trustee, they are the step because they're telling me now that they are also the investor in this securitized law
[01:36:34.080 --> 01:36:39.080]  The trustee is not the investor
[01:36:39.080 --> 01:36:42.080]  Well, they just committed perjury
[01:36:42.080 --> 01:36:46.080]  Well, is it on the record of the court?
[01:36:46.080 --> 01:36:58.080]  It's on the record, when I sent in a debt validation letter, they told me well, they are now the investor
[01:36:58.080 --> 01:37:02.080]  Did they repurchase this loan at some time?
[01:37:02.080 --> 01:37:08.080]  The trustee may represent the investors but he is not the investor
[01:37:08.080 --> 01:37:10.080]  That's correct
[01:37:10.080 --> 01:37:14.080]  No, the trustee can't represent the investors
[01:37:14.080 --> 01:37:18.080]  He can act at the investors' interest
[01:37:18.080 --> 01:37:19.080]  Yeah, okay
[01:37:19.080 --> 01:37:25.080]  But he can't represent either party, he has to stand neutral
[01:37:25.080 --> 01:37:35.080]  So for him to say that he represents the investors, it may be a misunderstanding in the use of terms
[01:37:35.080 --> 01:37:36.080]  Correct
[01:37:36.080 --> 01:37:41.080]  Is the trustee saying that they now hold the property?
[01:37:41.080 --> 01:37:46.080]  They are the investor
[01:37:46.080 --> 01:37:48.080]  I would challenge that
[01:37:48.080 --> 01:37:53.080]  That would go to breach of fiduciary duty
[01:37:53.080 --> 01:38:04.080]  My thing is, just like MERS saying they are the nominee and the beneficiary
[01:38:04.080 --> 01:38:09.080]  They can't be both
[01:38:09.080 --> 01:38:20.080]  Okay, some of the security instruments, that nominee and beneficiary paragraph is in the definition section
[01:38:20.080 --> 01:38:24.080]  It's not actually in the contract itself
[01:38:24.080 --> 01:38:34.080]  And my issue there is, we're having a deal here and you got yourself an attorney
[01:38:34.080 --> 01:38:42.080]  But I don't like your attorney, I'm going to fire your attorney and hire my brother-in-law to represent you instead
[01:38:42.080 --> 01:38:44.080]  How does that work out for you?
[01:38:44.080 --> 01:38:46.080]  Okay
[01:38:46.080 --> 01:38:50.080]  That's what the deed of trust says
[01:38:50.080 --> 01:38:58.080]  The borrower grants concessions to the lender in the deed of trust
[01:38:58.080 --> 01:39:12.080]  But that section, generally it's paragraph E, it's the definition E that asserts that MERS is the nominee and beneficiary for the lender
[01:39:12.080 --> 01:39:27.080]  If that definition is construed as acting to name MERS as beneficiary and nominee for the lender
[01:39:27.080 --> 01:39:31.080]  That is not a concession the borrower can make
[01:39:31.080 --> 01:39:34.080]  Because the borrower has no standing
[01:39:34.080 --> 01:39:39.080]  The only one who can do that is the lender
[01:39:39.080 --> 01:39:49.080]  And in order for that to be operative as an appointment or assignment of an agent for the lender
[01:39:49.080 --> 01:39:54.080]  The agent would have had to have affirmed the document
[01:39:54.080 --> 01:40:03.080]  So if the lender didn't affirm the document, that reference to MERS means nothing
[01:40:03.080 --> 01:40:13.080]  You know, I'm going back to the securitized trust, Wells Fargo, I'm sure you'll probably know, they have written an article saying that there's no lender
[01:40:13.080 --> 01:40:20.080]  Which once the loan is securitized, there is no lender
[01:40:20.080 --> 01:40:21.080]  Lender isn't
[01:40:21.080 --> 01:40:24.080]  Now wait, hold on, you need to redefine terms
[01:40:24.080 --> 01:40:38.080]  Someone purchased the warranty deed, made it, and traded it to the borrower for a promise to pay
[01:40:38.080 --> 01:40:45.080]  And that's generally the entity that we define as a lender
[01:40:45.080 --> 01:40:54.080]  So in a residential mortgage, there always has to have been one of those
[01:40:54.080 --> 01:40:59.080]  So now to say there is no lender, I'm not sure what that actually means
[01:40:59.080 --> 01:41:03.080]  And I know I sound like I'm being pedantic here
[01:41:03.080 --> 01:41:10.080]  But in law, we really have to closely define the terms we're using
[01:41:10.080 --> 01:41:19.080]  So when they say there is no lender, what does that mean?
[01:41:19.080 --> 01:41:27.080]  Well, it's no one have loaned you anything, have originated the loan
[01:41:27.080 --> 01:41:36.080]  Well, in a real estate mortgage, they don't really loan you anything
[01:41:36.080 --> 01:41:45.080]  They buy the warranty deed, and what they give you is the warranty deed
[01:41:45.080 --> 01:41:53.080]  And then you agree to pay them for the warranty deed over time
[01:41:53.080 --> 01:42:01.080]  I know there are guys out there arguing this issue that there is no money, that the bank never had any money in the deal
[01:42:01.080 --> 01:42:03.080]  And that's not true
[01:42:03.080 --> 01:42:09.080]  And it's irrelevant in any case, because this is a contract, it's not about money
[01:42:09.080 --> 01:42:12.080]  It's about offering acceptance
[01:42:12.080 --> 01:42:18.080]  The bank offers you a warranty deed and trade for a promissory note
[01:42:18.080 --> 01:42:20.080]  Money don't have anything to do with it
[01:42:20.080 --> 01:42:27.080]  So in that case, we normally define the one who gives you the warranty deed as the lender
[01:42:27.080 --> 01:42:35.080]  So how they get to the point where they say there's no lender, that really probably means something else
[01:42:35.080 --> 01:42:41.080]  Steve, would you say what they're really going to is there's no bona fide holder?
[01:42:41.080 --> 01:42:45.080]  That was the first thing that came to my mind
[01:42:45.080 --> 01:42:52.080]  Now, in regard to the specific language of beneficiary, I can't recall the case
[01:42:52.080 --> 01:43:01.080]  But I do know the Washington Supreme Court determined that MERS cannot be a beneficiary
[01:43:01.080 --> 01:43:12.080]  Now, oh man, I wish I could remember the style of that case
[01:43:12.080 --> 01:43:17.080]  But I do know that that was a Washington State Supreme Court decision
[01:43:17.080 --> 01:43:20.080]  Yeah, that was a really big one
[01:43:20.080 --> 01:43:22.080]  Yeah, that was in 2012
[01:43:22.080 --> 01:43:25.080]  I can remember the year, but I don't remember the names of the
[01:43:25.080 --> 01:43:28.080]  I know MERS was one of the parties
[01:43:28.080 --> 01:43:35.080]  But they clearly, clearly outlined that MERS cannot be a beneficiary
[01:43:35.080 --> 01:43:38.080]  At least not in Washington State
[01:43:38.080 --> 01:43:41.080]  I hear the music in the background
[01:43:41.080 --> 01:43:43.080]  If you will, Williams, stay there
[01:43:43.080 --> 01:43:46.080]  We'll be right back to you on the other side of this break
[01:43:46.080 --> 01:43:52.080]  And I would give out the call-in number, but we're in the last segment of this show, folks
[01:43:52.080 --> 01:43:56.080]  And if we've got time, we'll go to Bob in Texas on the other side of this as well
[01:43:56.080 --> 01:43:58.080]  Stay tuned, we'll be right back
[01:44:00.080 --> 01:44:04.080]  Do you feel tired when talking about important topics like money and politics?
[01:44:04.080 --> 01:44:08.080]  Are you confused by words like the Constitution or the Federal Reserve?
[01:44:08.080 --> 01:44:13.080]  If so, you may be diagnosed with the deadliest disease known today, stupidity
[01:44:13.080 --> 01:44:16.080]  Hi, my name is Steve Holt, and like millions of other Americans
[01:44:16.080 --> 01:44:19.080]  I was diagnosed with stupidity at an early age
[01:44:19.080 --> 01:44:22.080]  I had no idea that the number one cause of the disease
[01:44:22.080 --> 01:44:25.080]  is found in almost every home in America, the television
[01:44:25.080 --> 01:44:29.080]  Unfortunately, that puts most Americans at risk of catching stupidity
[01:44:29.080 --> 01:44:30.080]  But there is hope
[01:44:30.080 --> 01:44:34.080]  The staff at Brave New Books have helped me and thousands of other foxaholics
[01:44:34.080 --> 01:44:36.080]  suffering from sports zombieism recover
[01:44:36.080 --> 01:44:39.080]  And because of Brave New Books, I now enjoy reading
[01:44:39.080 --> 01:44:43.080]  and watching educational documentaries without feeling tired or uninterested
[01:44:43.080 --> 01:44:46.080]  So if you or anybody you know suffers from stupidity
[01:44:46.080 --> 01:44:50.080]  then you need to call 512-480-2503
[01:44:50.080 --> 01:44:54.080]  or visit them in 1904 Guadalupe or bravenewbookstore.com
[01:44:54.080 --> 01:44:57.080]  Side effects from using Brave New Books products may include discernment
[01:44:57.080 --> 01:45:00.080]  and enlarged vocabulary and an overall increase in mental functioning
[01:45:01.080 --> 01:45:04.080]  Are you the plaintiff or defendant in a lawsuit?
[01:45:04.080 --> 01:45:07.080]  Win your case without an attorney with Jurisdictionary
[01:45:07.080 --> 01:45:11.080]  the affordable, easy to understand, 4CD course
[01:45:11.080 --> 01:45:15.080]  that will show you how in 24 hours, step by step
[01:45:15.080 --> 01:45:19.080]  If you have a lawyer, know what your lawyer should be doing
[01:45:19.080 --> 01:45:23.080]  If you don't have a lawyer, know what you should do for yourself
[01:45:23.080 --> 01:45:26.080]  Thousands have won with our step by step course
[01:45:26.080 --> 01:45:28.080]  and now you can too
[01:45:28.080 --> 01:45:31.080]  Jurisdictionary was created by a licensed attorney
[01:45:31.080 --> 01:45:34.080]  with 22 years of case winning experience
[01:45:34.080 --> 01:45:39.080]  Even if you're not in a lawsuit, you can learn what everyone should understand
[01:45:39.080 --> 01:45:43.080]  about the principles and practices that control our American courts
[01:45:43.080 --> 01:45:47.080]  You'll receive our audio classroom, video seminar, tutorials
[01:45:47.080 --> 01:45:52.080]  forms for civil cases, pro se tactics, and much more
[01:45:52.080 --> 01:45:56.080]  Please visit ruleoflawradio.com and click on the banner
[01:45:56.080 --> 01:46:25.080]  or call toll free 866-LAW-EASY
[01:46:25.080 --> 01:46:28.080]  Welcome back to Rule of Law Radio, folks
[01:46:28.080 --> 01:46:31.080]  and William in New York, you got your pencil? I hope you do
[01:46:31.080 --> 01:46:33.080]  I'm going to rifle this off real quick
[01:46:33.080 --> 01:46:38.080]  In the Supreme Court for the State of Washington
[01:46:38.080 --> 01:46:41.080]  certified from the United States District Court
[01:46:41.080 --> 01:46:44.080]  for the Western District of Washington
[01:46:44.080 --> 01:46:55.080]  in Christine, or Kristen, K-R-I-S-T-I-N, Bain, B-A-I-N, plaintiff, versus a whole lot of folks
[01:46:55.080 --> 01:47:00.080]  including mortgage registration system, MERS
[01:47:00.080 --> 01:47:04.080]  Yeah, there's your case right there
[01:47:04.080 --> 01:47:09.080]  That would be, just a short side on that would be
[01:47:09.080 --> 01:47:13.080]  Bain v. Metropolitan Mortgage Group
[01:47:13.080 --> 01:47:17.080]  Yeah, okay, that's good, I was just asking also for a friend, that's all
[01:47:17.080 --> 01:47:22.080]  But actually, what I wanted to also ask for is another thing concerning
[01:47:22.080 --> 01:47:29.080]  if Wells Fargo is the trustee for our Fannie Mae Trust
[01:47:29.080 --> 01:47:32.080]  Okay, that's not uncommon
[01:47:32.080 --> 01:47:36.080]  If they have nothing to do with it whatsoever, it's not in their data bank this long
[01:47:36.080 --> 01:47:41.080]  What is Wells Fargo doing? What are they doing there?
[01:47:41.080 --> 01:47:43.080]  Who are they...
[01:47:43.080 --> 01:47:45.080]  They're trying to steal your house
[01:47:45.080 --> 01:47:48.080]  Okay, fine
[01:47:48.080 --> 01:47:50.080]  Okay
[01:47:50.080 --> 01:47:54.080]  That's the short of it, they're trying to steal your house
[01:47:54.080 --> 01:47:57.080]  I'm not real clear on what your question is
[01:47:57.080 --> 01:48:01.080]  Is Wells Fargo acting as a servicer?
[01:48:01.080 --> 01:48:03.080]  Nope
[01:48:03.080 --> 01:48:08.080]  No they're not, they're acting as one of the, in the caption, as the plaintiff
[01:48:08.080 --> 01:48:13.080]  Trustee for a Fannie Mae Trust
[01:48:13.080 --> 01:48:15.080]  Okay, okay, okay
[01:48:15.080 --> 01:48:19.080]  They can be a trustee for the trust
[01:48:19.080 --> 01:48:26.080]  And this is not to be confused with the trustee on a deed of trust
[01:48:26.080 --> 01:48:27.080]  Right
[01:48:27.080 --> 01:48:29.080]  That's a different trustee
[01:48:29.080 --> 01:48:31.080]  The trustee may be
[01:48:31.080 --> 01:48:35.080]  He is the representative of the trust itself
[01:48:35.080 --> 01:48:41.080]  And if he is in fact the proper agent for the trust
[01:48:41.080 --> 01:48:47.080]  Then he would be, Wells Fargo would be the plaintiff, proper plaintiff
[01:48:47.080 --> 01:48:53.080]  But that doesn't mean they have legal capacity to enforce this security instrument
[01:48:53.080 --> 01:48:54.080]  Correct
[01:48:54.080 --> 01:49:06.080]  But if it's Fannie Mae the trust, if they are denying any existence or any dealing, any ties with this suit
[01:49:06.080 --> 01:49:11.080]  Then where does that leave Wells Fargo? By itself? Still represent a trust?
[01:49:11.080 --> 01:49:27.080]  Okay, okay, say I send you a demand letter telling you that I am the servicer for Fannie Mae, Freddie Mac, pass-through trust
[01:49:27.080 --> 01:49:31.080]  And your mortgage is in that trust, pay me a bunch of money
[01:49:31.080 --> 01:49:32.080]  Okay
[01:49:32.080 --> 01:49:36.080]  Are you gonna go kick around Fannie Mae?
[01:49:36.080 --> 01:49:42.080]  Are you gonna ask Fannie Mae, hey did you hire this chump?
[01:49:42.080 --> 01:49:53.080]  You're gonna ask the chump to show, you know, if I'm the chump and I make a proactive statement of fact or claim
[01:49:53.080 --> 01:50:02.080]  And you dispute that proactive statement of fact or claim, I am put to my proof
[01:50:02.080 --> 01:50:12.080]  So before you bypass this supposed agent, the first question to get asked is
[01:50:12.080 --> 01:50:25.080]  Can you prove that you are a proper agent for a bona fide holder with legal capacity?
[01:50:25.080 --> 01:50:31.080]  You don't go to Fannie Mae, you don't go to anybody until you get this guy to prove up his position
[01:50:31.080 --> 01:50:36.080]  Because he may be like me, he may have nothing to do with any of this
[01:50:36.080 --> 01:50:40.080]  I'm just trying to con you into sending him some money
[01:50:40.080 --> 01:50:43.080]  And the service is a part of it too
[01:50:43.080 --> 01:50:52.080]  And also keep in mind that agency cannot be proven by the mouth of the agent, it must be proven by the mouth of the principal
[01:50:52.080 --> 01:50:56.080]  Exactly, forgot that piece, exactly
[01:50:56.080 --> 01:51:08.080]  Is that, where is that exactly coming from, where is that exactly coming from, it's not a
[01:51:08.080 --> 01:51:19.080]  Give me, send me an email and I have my agency folder zipped, I will zip it right to you
[01:51:19.080 --> 01:51:20.080]  Great
[01:51:20.080 --> 01:51:23.080]  I believe that's actually a maxim of law
[01:51:23.080 --> 01:51:30.080]  Yeah that's a maxim, I don't think that exact wording is in the case law
[01:51:30.080 --> 01:51:37.080]  But that's why I want to see the whole case law so you can see how the case law reads, you see it goes exactly like that
[01:51:37.080 --> 01:51:41.080]  Keep up the good fight fellas, thanks again
[01:51:41.080 --> 01:51:44.080]  Thank you William, really appreciate you calling in tonight
[01:51:44.080 --> 01:51:53.080]  Now I think we've got seven minutes left, Bob in Texas, make it quick my friend, what do you got for us tonight
[01:51:53.080 --> 01:52:02.080]  Just a couple quick questions, maybe connected to what you were talking about before, entering copies of documents into court
[01:52:02.080 --> 01:52:03.080]  Okay
[01:52:03.080 --> 01:52:06.080]  As the original document
[01:52:06.080 --> 01:52:07.080]  Okay
[01:52:07.080 --> 01:52:16.080]  I was doing a little study last week and there's an electronic document that I believe was put in the Texas code in 2007
[01:52:16.080 --> 01:52:28.080]  And in those codes it must have an agreement signed to be converted to electronic, some kind of document reduction law
[01:52:28.080 --> 01:52:30.080]  Paperwork Reduction Act
[01:52:30.080 --> 01:52:41.080]  Exactly, and did a little reading on it, many county prosecutors will prosecute on documents, electronic documents as evidence
[01:52:41.080 --> 01:52:45.080]  Right, they don't pass the best evidence rule, that's why
[01:52:45.080 --> 01:52:52.080]  Well the other day when I was at the bank I said hey who's the custodian of documents for my mortgage
[01:52:52.080 --> 01:52:58.080]  She said this place, go down and get them, they're all electronic, I said oh no
[01:52:58.080 --> 01:53:20.080]  Okay hold on, there's another statute you need to look at, and that is, which one is it Steve, the e-filing act 7003, 15 US code 7003
[01:53:20.080 --> 01:53:26.080]  I believe it is, let me pull that up, transferable records
[01:53:26.080 --> 01:53:46.080]  What this goes to, this is the 15 USC 7000 is the e-filing act and Texas has adopted it as I think 41, I think chapter 41 of business and commerce code if I remember right
[01:53:46.080 --> 01:53:56.080]  Yeah that would be 15 USC, that's 15 United States Code Section 7021, transferable records
[01:53:56.080 --> 01:54:00.080]  No no no, that's not where I'm going, I'm going to the e-filing act
[01:54:00.080 --> 01:54:02.080]  Ah ah ah, okay, okay
[01:54:02.080 --> 01:54:07.080]  I've got the numbers wrong
[01:54:07.080 --> 01:54:13.080]  It might be 15 USC 4000, look up e-filing act
[01:54:13.080 --> 01:54:31.080]  The e-filing act authorizes electronic filing of documents, however, I think it's 7003, I think it's 15 US code 7000, Steve will look it up for me
[01:54:31.080 --> 01:54:53.080]  It has a specific exclusion of certain documents, and those documents that are to be filed concerning claims against real property are specifically excluded from e-filing
[01:54:53.080 --> 01:55:06.080]  Somebody in Texas never read that because they're e-filing these documents and the statute is very clear, they are forbidden to
[01:55:06.080 --> 01:55:13.080]  And this goes to the exact issue you're having, you're having a problem because nobody's got original documents
[01:55:13.080 --> 01:55:23.080]  Well I went to the Tarrant County clerk and asked to see all of the documents she had in for filing this morning, for electronic filing
[01:55:23.080 --> 01:55:31.080]  And she said oh we don't get the documents in here, I said well how do you file them, oh we get an electronic copy
[01:55:31.080 --> 01:55:41.080]  Well can I go to the, if you can show me who sent them, can I go to the people who sent them and look at the original
[01:55:41.080 --> 01:55:51.080]  And she said oh no no, they don't have the original, we have companies set up that send these for that purpose and they send this to us
[01:55:51.080 --> 01:56:00.080]  And so these have to be certified copies of an original? Yes, well how do you know they're sending you a certified copy of an original?
[01:56:00.080 --> 01:56:05.080]  Oh well we have a memorandum of understanding with them
[01:56:05.080 --> 01:56:17.080]  Oh you have a memorandum of understanding, okay so I can't go to them to see the documents, so could I go to the title company who sends it to them
[01:56:17.080 --> 01:56:21.080]  Oh no you can't go to them, they don't have the original either
[01:56:21.080 --> 01:56:33.080]  Well how do you know they're sending the company who sends them to you the originals, oh well this company has a memorandum of understanding with that company
[01:56:33.080 --> 01:56:42.080]  Oh so you have a memorandum of understanding with the company who has a memorandum of a company with a company who gets the originals from the lender
[01:56:42.080 --> 01:56:58.080]  So could I go to the title company and see the originals, she said well I don't know, Bubba you got a problem, it is clearly against law
[01:56:58.080 --> 01:57:05.080]  Everything I'm finding here takes me back to the Securities Exchange Commission
[01:57:05.080 --> 01:57:08.080]  What is the statute number, I should have a
[01:57:08.080 --> 01:57:11.080]  I'm looking for it codified and I'm not finding it
[01:57:11.080 --> 01:57:16.080]  I've got it, I've just lost it out of my memory
[01:57:16.080 --> 01:57:18.080]  Do you have one of those?
[01:57:18.080 --> 01:57:26.080]  A partial memory, I have a bit of a short term memory
[01:57:26.080 --> 01:57:34.080]  Except it doesn't always work, I sleep, I'm old therefore I forget
[01:57:34.080 --> 01:57:36.080]  Was that part of the Gramm-Leach-Bliley?
[01:57:36.080 --> 01:57:38.080]  Yes
[01:57:38.080 --> 01:57:48.080]  Okay, 15 USC section 6000 801 through 6827
[01:57:48.080 --> 01:57:50.080]  That is not it, that is not it
[01:57:50.080 --> 01:58:00.080]  I apologize for forgetting this one but look up e-filing act, let me look up federal e-filing act
[01:58:00.080 --> 01:58:02.080]  Well we got less than a minute to do it
[01:58:02.080 --> 01:58:04.080]  And e-filing is one word
[01:58:04.080 --> 01:58:08.080]  Bob we may have to pick this up next week
[01:58:08.080 --> 01:58:14.080]  Well I'll have more information for you by then if we have to
[01:58:14.080 --> 01:58:16.080]  Very good
[01:58:16.080 --> 01:58:20.080]  I have a history document to see and think past they are electronic
[01:58:20.080 --> 01:58:24.080]  But I know I didn't find no agreement to have them converted
[01:58:24.080 --> 01:58:28.080]  Right, well Bob we're out of time for tonight
[01:58:28.080 --> 01:58:30.080]  Folks would like to thank y'all for tuning in tonight
[01:58:30.080 --> 01:58:34.080]  And Bob call back next week and we'll get into this a little deeper
[01:58:34.080 --> 01:58:38.080]  This is Randy Kelton and Steve Skidmore signing off for this Friday night
[01:58:38.080 --> 01:58:42.080]  Folks y'all have a good and safe Labor Day weekend
[01:58:42.080 --> 01:58:46.080]  We'll see you right back here at 8 o'clock central time next Friday
[01:58:46.080 --> 01:59:12.080]  Till then have a good night, bye-bye
[01:59:16.080 --> 01:59:26.080]  This translation is highly accurate and it comes with over 13,000 cross references
[01:59:26.080 --> 01:59:30.080]  Plus charts and maps and an outline for every book of the Bible
[01:59:30.080 --> 01:59:32.080]  This is truly a Bible you can understand
[01:59:32.080 --> 01:59:48.080]  To get your free copy of the New Testament Recovery Version call us toll free at 888-551-0102