ROL_2014-11-21_16k_Hr1-2.timecode

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[01:01.120 --> 01:05.840]  approach. That's what President Barack Obama called his plan regarding immigration reform
[01:05.840 --> 01:10.520]  as unveiled during a speech Thursday night. We're going to keep focusing enforcement resources
[01:10.520 --> 01:16.240]  on actual threats to our security. Felons, not families. Criminals, not children. Gang
[01:16.240 --> 01:21.120]  members. Not a mom who's working hard to provide for her kids. The executive order means those
[01:21.120 --> 01:24.760]  undocumented immigrants who have lived in the United States for five years or more who
[01:24.760 --> 01:29.540]  are the parents of either American citizens or lawful residents will not be deported.
[01:29.540 --> 01:32.400]  Before that would happen, they would have to undergo criminal and national security
[01:32.400 --> 01:40.440]  background checks. Their status would be reviewed every three years. Supporters of Michael Brown
[01:40.440 --> 01:45.040]  and police officers in riot gear clashed on Wednesday night as Ferguson awaits a decision
[01:45.040 --> 01:49.600]  from the grand jury. About 50 officers in helmets carrying shields and batons charged
[01:49.600 --> 01:54.480]  at a small group of protesters in below freezing temperatures. Protesters reportedly sounded
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[01:59.080 --> 02:03.640]  to put on riot gear when they feel their safety is at risk. The smaller protests throughout
[02:03.640 --> 02:11.380]  the week have all been peaceful and non-threatening. On Thursday, thousands of demonstrators across
[02:11.380 --> 02:15.720]  Mexico and the United States took part in strikes and protests to raise awareness on
[02:15.720 --> 02:20.900]  the kidnapping of 43 students from Iguala in the southern state of Guerrero. Protesters
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[02:50.000 --> 02:56.640]  This is the Liberty Beat for Friday, November 21st, 2014. Check out the website at thelibertybeat.com
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[03:26.640 --> 03:32.040]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[03:32.040 --> 03:37.640]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[03:37.640 --> 03:43.240]  When you were eight and you had bad traits, you'd go to school and learn the golden rule.
[03:43.240 --> 03:48.640]  So why are you acting like a bloody fool? If you get hot then you must get cool!
[03:48.640 --> 03:54.040]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[03:54.040 --> 03:59.840]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[03:59.840 --> 04:02.440]  You chuck it on that one. You chuck it on this one.
[04:02.440 --> 04:05.440]  You chuck it on your mother and you chuck it on your father.
[04:05.440 --> 04:08.240]  You chuck it on your brother and you chuck it on your sister.
[04:08.240 --> 04:10.840]  You chuck it on that one and you chuck it on me!
[04:10.840 --> 04:15.840]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[04:15.840 --> 04:23.060]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[04:23.060 --> 04:33.140]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[04:33.140 --> 05:02.380]  Howdy howdy this is Randy Kelton, Steve Skidmore, Rule Law Radio on this Friday the 21st of
[05:02.380 --> 05:14.420]  November 2014 and mr. Skidmore was in court today no I was in court on the 13th oh the 13th I thought
[05:14.420 --> 05:20.420]  it was today I misunderstood no no no well I was in court today but I was in court to get a
[05:20.420 --> 05:29.040]  transcript not in a hearing oh okay but we were talking about before the show a an issue in the
[05:29.040 --> 05:37.780]  court and I what on earth are you doing it wasn't me somebody's beating up their mic yeah somebody
[05:37.780 --> 05:45.220]  is going out on the air probably when they shouldn't be but I was you know this hearing
[05:45.220 --> 05:52.100]  you were talking about this is a good warning of things people should look for you explain what
[05:52.100 --> 06:02.220]  the order didn't match the okay this is going to take a little bit of history I'll be as brief as
[06:02.220 --> 06:10.940]  I can plaintiff files motion for plaintiff files a petition for forcible detainers which is a an
[06:10.940 --> 06:19.100]  eviction suit I answered the suit removed it to another different venue because I don't trust the
[06:19.100 --> 06:27.820]  judge at precinct 2 who got voted out by the way judge Glenn bass will will be replaced by a guy
[06:27.820 --> 06:35.460]  named Stegall I think his name is so from what I understand about his his pending replacement
[06:35.460 --> 06:45.460]  he's much much more how shall I say this without prejudicing him borrower friendly but that would
[06:45.460 --> 06:49.980]  stand to reason because judge bass used to be a banker and he's still a banker in his mentality
[06:49.980 --> 06:56.700]  as far as I'm concerned because he in the way he rules but anyway motion to change venue sent
[06:56.700 --> 07:07.420]  the plaintiffs petition from precinct 2 to precinct 5 Travis County Texas bunch of shenanigans in a
[07:07.420 --> 07:13.260]  court from the opposing counsel led us to believe that the only cause that we know of was dismissed
[07:13.260 --> 07:21.420]  so we didn't show up for hearing lesson one even if you think it's been dismissed show up period
[07:21.420 --> 07:28.860]  that's a lesson from experience don't let the other side fool you into not showing up show up
[07:28.860 --> 07:42.460]  I filed immediately after that immediately after learning that we were that we lost and were the
[07:42.460 --> 07:50.540]  other side was given a default judgment I received I received the judgment the day of the filing
[07:50.540 --> 07:57.260]  deadline for my appeal I could not file my appeal in a timely manner so I filed it first thing the
[07:57.260 --> 08:02.660]  next morning the other side threw a shoe oh no no I can't do this as a day late and well you know
[08:02.660 --> 08:08.940]  my point is you guys are better than two years late so let's put that on scales bunch of back
[08:08.940 --> 08:15.980]  and forth and back and forth in the justice court the JP finally decided that she didn't
[08:15.980 --> 08:23.540]  have jurisdiction over this so she said the final said her judgment was final okay fine
[08:23.540 --> 08:35.780]  so I appealed that that went to the county court the issue at bar was under Texas Texas
[08:35.780 --> 08:42.500]  civil practice and remedies code section sixteen point double o three a in where and and most all
[08:42.500 --> 08:49.940]  states have statutes similar to this because the courts are supposed to be expedient for the
[08:49.940 --> 08:59.660]  purpose of expedition or expediency rather the state of Texas places a two-year statute of
[08:59.660 --> 09:07.820]  limitations on filing a forcible detainer or forcible an entry forcible entry and detainer the
[09:07.820 --> 09:18.860]  statute states that the party seeking to recover real or personal property has two years from the
[09:18.860 --> 09:25.780]  time that the cause of action accrues two years to the day the day after the cause of cruise and
[09:25.780 --> 09:36.380]  we've got case law now in the state of Texas in Hervé versus that's a H-e-r-v-e I can't remember
[09:36.380 --> 09:48.860]  who the the opposing party was but in Hervé it was considered that the the court ruled that a
[09:48.860 --> 09:58.380]  cause of action accrues at the time notice is given what notice three-day notice to get out on
[09:58.380 --> 10:05.060]  the and that makes perfectly good sense to me because the would-be complaining party at that
[10:05.060 --> 10:11.260]  time says hey this is our house but we're gonna let you stay there for three days so you can get
[10:11.260 --> 10:18.100]  you stuff put together and get out on day four if you haven't gotten out cause of action accrues
[10:18.100 --> 10:29.380]  so from that day forward it took the plaintiffs in my case took them two years and two months to
[10:29.380 --> 10:35.820]  file in the name I'm sorry two years three years and seven months to file another let me go back
[10:35.820 --> 10:43.780]  they did file in 2009 however they did not get a writ of possession this is a very important part
[10:43.780 --> 10:52.740]  they they were not awarded a writ of possession in that because it was they failed to prosecute we
[10:52.740 --> 10:59.380]  went back to a hearing the other side didn't show up the judge said well tell you what we still got
[10:59.380 --> 11:04.220]  an action pending in the district court and they apparently want to wait you know the last word we
[11:04.220 --> 11:09.180]  got from them on the record here is that that they'll wait and see what the district court
[11:09.180 --> 11:18.300]  says well three three years and seven months passes oh I'm sorry so the judge dismissed it
[11:18.300 --> 11:25.180]  without prejudice to the filing of the same for for wanted prosecution which means they didn't
[11:25.180 --> 11:34.340]  get their writ of possession let me retouch this if the writ of possession is not granted it's a
[11:34.340 --> 11:40.580]  far easier fight for someone trying to keep their home then if a writ of possession had been granted
[11:40.580 --> 11:46.280]  because now you got to get rid of the writ of possession and that's not as easy to do not not
[11:46.280 --> 12:00.620]  so easy to do but let me let me get back on track where I was we filed okay move forward three years
[12:00.620 --> 12:06.220]  and seven months they filed another petition for a forcible detainer in the name of a company that
[12:06.220 --> 12:12.100]  did not exist for for better than two years at the time of filing that generated a voluntary
[12:12.100 --> 12:17.540]  dismissal from the other side they offered an agreed order of dismissal and that was fine I
[12:17.540 --> 12:25.300]  agreed I think it should be dismissed so two years two months outside the statute limitations
[12:25.300 --> 12:29.620]  that's from the day the cause of crude or the day after the cause the day the call the cause
[12:29.620 --> 12:35.500]  of crude which would have been the fourth day after the three-day notice was received they
[12:35.500 --> 12:44.900]  filed another one so I picked back up where I left off changed venue from precinct 2 to precinct 5
[12:44.900 --> 12:53.620]  missed the hearing on 19th of September and been fighting that ever since now the the judge ruled
[12:53.620 --> 13:01.820]  that her ruling was that her judgment was final I appealed that that went to the county court in
[13:01.820 --> 13:07.340]  a trial de novo that is your your first here at least here in Texas your trial de novo is a kind
[13:07.340 --> 13:13.380]  of a quasi appeal what it is is a new trial in a court of record that means there's a court
[13:13.380 --> 13:17.420]  reporter over there clacking away on her stenograph machine she's recording it she's taking short
[13:17.420 --> 13:26.300]  hands she's doing whatever but the record reflects in that first hearing that the judge decided that
[13:26.300 --> 13:32.980]  yes indeed the Texas legislature did pass a law and and intended for a two-year period to pass
[13:32.980 --> 13:41.500]  I'm going to dismiss this for failure to comply with the two-year statute limitations instead of
[13:41.500 --> 13:49.820]  appealing opposing counsel filed a motion to dismiss the appeal we went back into court in
[13:49.820 --> 13:56.780]  front of the same judge this is the Honorable Judge David Phillips who is retiring in 2000 or
[13:56.780 --> 14:06.900]  early 2015 I think he's got like 45 days left on the bench he's counting them but they filed to
[14:06.900 --> 14:14.940]  dismiss our appeal it didn't wind up the way they wanted it after a bunch of consideration the judge
[14:14.940 --> 14:25.580]  dismissed their case now this is where it gets very interesting the transcript which I went and
[14:25.580 --> 14:32.460]  got a copy and folks if you ever go to court cough up the money beg borrow steel do what you
[14:32.460 --> 14:43.300]  have to do but get a transcript of the case they come in very handy for example this case the the
[14:43.300 --> 14:51.260]  motion to dismiss the appeal was very telling in the ruling rendered from the court now let me
[14:51.260 --> 14:59.660]  explain a brief difference there is a difference between a ruling entered and a ruling rendered
[14:59.660 --> 15:06.900]  the ruling rendered speaks to the spirit of the court that is what comes out of the judge's mouth
[15:06.900 --> 15:15.100]  and this is this is why you want to get a transcript the judge said he made two very clear
[15:15.100 --> 15:24.580]  distinctions between the case and the appeal came down to it opposing counsel said well my
[15:24.580 --> 15:30.140]  attorney Jeff Kelly he said mr. Kelly and I have talked about this and I think at this point my
[15:30.140 --> 15:44.140]  client has to do a redo file a new case and all that end quote the judge said well get me an
[15:44.140 --> 15:49.660]  order to said something to the effect of do you have an order on the judge the mr. Brown
[15:49.660 --> 15:56.300]  attorney on the other side said yeah I've got an order but it doesn't say what you wanted to say
[15:56.300 --> 16:05.580]  as well he said well I need an order he said your honor I can write an order with any language you
[16:05.580 --> 16:14.260]  like this attorney was seeking guidance counsel from the bench your honor what shall I put in
[16:14.260 --> 16:23.580]  this order he said well if you all are happy to have your case go away I'll just dismiss it and
[16:23.580 --> 16:31.020]  you can start again end quote but after back and forth about who's got an order and blah blah blah
[16:31.020 --> 16:37.260]  he said well just get me one dismissing the case we'll pick up on this on the other side of this
[16:37.260 --> 16:45.220]  break 5 1 2 6 4 6 1984 is number to dial open the phone lines early tonight but come back in
[16:45.220 --> 16:51.540]  and wrap this little story up where I'm going is for about two motion for judgment we'll be right
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[19:16.620 --> 19:43.940]  Welcome back to this rainy Friday night here in Austin Texas folks 512-646-1984 will get you in
[19:43.940 --> 19:51.620]  line to speak with us on air and let me go ahead and on execute okay the phone lines are open again
[19:51.620 --> 19:57.940]  512-646-1984 folks this is your show so you can call in anytime you like bring up any subject you
[19:57.940 --> 20:06.260]  like but I'm gonna pick up where I left off on in this in one of the more recent hearings that I
[20:06.260 --> 20:16.460]  went to the judge ordered opposing counsel to get him an order dismissing the case well the order
[20:16.460 --> 20:26.460]  that he had he just scratched out agreed and handed it to the judge the order that was that
[20:26.460 --> 20:35.180]  he had written said this matter it now let me take you back just a couple of minutes the judge
[20:35.180 --> 20:43.740]  discussed only two things the appeal and the case the appeal was my motion for trial de novo the
[20:43.740 --> 20:49.700]  case was the original forcible detainer there's only two things here but the order said this
[20:49.700 --> 20:58.900]  matter m-a-t-t-e-r this matter is dismissed well that leaves the order now let me let me
[20:58.900 --> 21:07.700]  pause right there there's a difference between an order entered and an order rendered the order
[21:07.700 --> 21:16.700]  rendered if you'll remember pursuant to the transcript dismissed the case that is the the
[21:16.700 --> 21:26.700]  forcible detainer case ab initio from its onset not the appeal he actually told opposing counsel
[21:26.700 --> 21:33.300]  you can go file it again you can start over of course they're outside the statute of limitations
[21:33.300 --> 21:42.140]  good luck with that but yeah you can go take another shot at this but the order that was
[21:42.140 --> 21:51.500]  entered does not reflect the order that was rendered the order as it was rendered pursuant
[21:51.500 --> 22:01.100]  to the transcript dismissed the forcible detainer when a forcible detainer is successful the result
[22:01.100 --> 22:10.060]  of that forcible detainer is the issue of a writ of possession so Randy can you tell me what would
[22:10.060 --> 22:21.500]  happen to the to the resulting writ of possession if the original case was dismissed then any rulings
[22:21.500 --> 22:32.780]  made in the original case would become void thank you not avoidable not voidable but by operation
[22:32.780 --> 22:38.940]  of law the writ of possession was void what do you think they executed here at my house on my
[22:38.940 --> 22:48.740]  wife's birthday your birthday present a void rid of possession avoid rid of possession we filed
[22:48.740 --> 22:56.220]  I filed something just real late in the case and handed it to opposing counsel when we went into
[22:56.220 --> 23:05.460]  court and he did not want that on the record what it was was me going through that ruling line by
[23:05.460 --> 23:13.580]  line making my footnotes got a little one above the first mention of the appeal a little two above
[23:13.580 --> 23:19.780]  the first mention of the case another number another number I've got footnotes all over this
[23:19.780 --> 23:26.620]  thing showing that the the intent of the court the the judgment that was rendered dismissed
[23:26.620 --> 23:35.140]  the forcible detainer case not the appeal but the last time we went into court opposing counsel said
[23:35.140 --> 23:40.780]  oh no your honor that dismissed the appeal the appeal was dismissed you dismissed the appeal no
[23:40.780 --> 23:49.860]  no no you moron he objected to the transcript from this judge's court judge Phillips David Phillips
[23:49.860 --> 23:59.860]  objection hearsay no no no no no this is not hearsay because this judge rendered the order
[23:59.860 --> 24:08.220]  he rendered the judgment he can review his own rulings now had it been a ruling from another
[24:08.220 --> 24:13.580]  judge's court that would be hearsay because you got to bring the other judge in to prove it up
[24:13.580 --> 24:22.500]  but if you have a judgment from that court from that judge he can review his own his own rulings
[24:22.500 --> 24:29.460]  he can review his own judgment so without batting an eye the judge could just kind of look over at
[24:29.460 --> 24:38.420]  him and went on listening to my attorney Jeff Kelly and he he did ultimately rule that he did
[24:38.420 --> 24:47.700]  not have jurisdiction to hear the subject matter so that appeal was dismissed now I'm filing a
[24:47.700 --> 24:56.220]  motion for judgment nunc pro-tunc what is a judgment nunc pro-tunc a motion for judgment
[24:56.220 --> 25:03.300]  it's a boo boo it's a boo boo ruling it is a boo boo ruling I like that it's a boo boo ruling yes
[25:03.300 --> 25:09.380]  we've got a boo boo we need to fix the boo boo I'm not talking about putting a band-aid on it
[25:09.380 --> 25:18.580]  I'm talking about brain surgery here what I want the order as what I want is the order to or the
[25:18.580 --> 25:26.140]  the judgment entered to reflect the judgment as it was rendered okay hang on just a second I was
[25:26.140 --> 25:33.780]  a little facetious we really should explain what nunc pro-tunc means it literally means that there
[25:33.780 --> 25:44.380]  was an error in some pleading or ruling and you're filing this action not to change a material fact
[25:44.380 --> 25:51.580]  or substance of the case but merely to correct an error correct there are two different types
[25:51.580 --> 26:00.340]  of errors judicial and clerical and here in Texas all the case law that I've read that offered that's
[26:00.340 --> 26:12.060]  offered by O'Connor's is in O'Connor's being a litigation guide is that after the trial court
[26:12.060 --> 26:18.700]  that is the court that rendered the ruling or the or the judgment after they have lost plenary
[26:18.700 --> 26:29.300]  power there is no motion that will correct a judicial error after the court has lost plenary
[26:29.300 --> 26:37.540]  power the only thing you can change is a clerical error now they get into two descriptions and
[26:37.540 --> 26:44.260]  definitions of a clerical error and what a clerical error is or can be let's give a very
[26:44.260 --> 26:52.860]  basic simple example let's say that the order has an incorrect date or somebody's name is spelled
[26:52.860 --> 26:59.980]  incorrectly that would be a clerical error but here in Texas jurisprudence and I'm I would be
[26:59.980 --> 27:06.020]  relatively certain that it's most it's the same way most all the other states a clerical error
[27:06.020 --> 27:18.180]  is an error that that seems or tends to make the judgment as entered that it does not reflect the
[27:18.180 --> 27:25.860]  intent of the court when the court rendered the order such as in my case we have a perfect case
[27:25.860 --> 27:34.100]  for a motion for judgment nunc pro-tunc when the judge discussed only two things attorney Brown
[27:34.100 --> 27:39.940]  opposing counsel entered in a third thing the two things that were discussed was matter and case
[27:39.940 --> 27:50.780]  but the order says I'm sorry let me back up appeal and case appeal and case the judgment says matter
[27:50.780 --> 27:59.020]  leaving it vague and ambiguous and also open to to blatant misinterpretation we need this fixed
[27:59.020 --> 28:08.180]  we need to do surgery to this thing so my no wait but now as I understand the lawyer filed
[28:08.180 --> 28:16.300]  then gave this to the judge the judge signed it and the lawyer immediately misinterpreted no
[28:16.300 --> 28:24.420]  different lawyer oh okay I've been dealing with a guy named Mark Hopkins Mark Daniel Hopkins I
[28:24.420 --> 28:30.900]  have the understanding that he has been fired from my case because he's been ineffective for
[28:30.900 --> 28:36.260]  the last five years now we're dealing with one of the managing partners at Barrett deaf and frat
[28:36.260 --> 28:42.300]  Pierre Turner and Ingle mr. Brian Ingle used to be a truck driver still oh and if you're listening
[28:42.300 --> 28:53.580]  tonight mr. angle hi get ready buddy fixing to hammer you but uh the the transcript that I
[28:53.580 --> 29:02.620]  ordered today will reflect mr. Ingles misinterpretation of the word matter as it pertains
[29:02.620 --> 29:08.940]  to the case now the reason why he didn't want that transcript on the record is because it shows the
[29:08.940 --> 29:19.060]  intent of the court the the intent of the court in the judgment as it was rendered not entered
[29:19.060 --> 29:27.740]  he does not want that on the record because it will blow his case out of the water it will also
[29:27.740 --> 29:36.460]  show that the alleged writ of possession that he or hit someone in his ilk executed on my wife's
[29:36.460 --> 29:46.700]  birthday was it was void wrongful eviction though that's not a cause of action I'm gonna smack him
[29:46.700 --> 29:53.220]  right between the eyes with it 512-646-1984 is numbered a dial Leslie in Pennsylvania we see
[29:53.220 --> 29:56.980]  you there we'll be back right after this break folks you're listening to rule already on a
[29:56.980 --> 30:03.540]  Friday night stay tuned we'll be right back to wage war you need three things money money and
[30:03.540 --> 30:09.860]  yet more money so said John Jacopo Trivulsio a military leader from the 1400s but modern war
[30:09.860 --> 30:15.300]  has new costs I'm dr. Catherine Albrecht and I'll tell you more in just a moment your search engine
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[30:42.540 --> 30:47.900]  world's most private search engine. War is expensive and the war on terror is no exception
[30:47.900 --> 30:54.620]  from 9-11 through 2011 the wars in Iraq and Afghanistan have cost nearly 1.3 trillion dollars
[30:54.620 --> 31:01.420]  over 4,500 US servicemen have been killed and more than 43,000 wounded but there's another casualty
[31:01.420 --> 31:06.620]  of modern war that's just as costly our civil liberties and sadly the destruction of our rights
[31:06.620 --> 31:12.060]  has been carried out by the very people we elected to serve us destroying our guaranteed freedoms in
[31:12.060 --> 31:17.300]  the name of security is a victory for our enemies we need to remind Congress why America is worth
[31:17.300 --> 31:22.800]  fighting for in the first place insist on protecting your constitutional rights. I'm Dr.
[31:22.800 --> 31:31.700]  Catherine Albrecht more news and information at CatherineAlbrecht.com what are you thinking
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[33:05.620 --> 33:25.380]  network at logosradionetwork.com yeah i got a warrant and i can serve them to the government
[33:25.380 --> 33:37.620]  okay
[33:41.060 --> 33:46.500]  well i need a prosecutor to come and help me prosecute them wicked leader you see
[33:46.500 --> 33:51.460]  the murderer liar them tell me them i'm lying i tell six stories
[33:51.460 --> 33:57.060]  may not believe me say what them tell me three percent welcome back to rule of law radio folks
[33:57.060 --> 34:04.740]  you are listening to the november 21st 2014 four hour marathon on this rainy friday night here from
[34:04.740 --> 34:10.900]  loston texas uh randy is it raining up there around around your ear to the world never rains
[34:10.900 --> 34:18.100]  in texas oh well i've got we wouldn't lie about that either yeah it's it we're supposed to get
[34:18.100 --> 34:24.340]  a little dribble tonight boy it's been raining the better part of the day here ever since it
[34:24.340 --> 34:30.180]  ever since the sun started going down it's just been raining like crazy and just love it it man's
[34:30.180 --> 34:37.060]  been dry around here really really really welcome this uh this rain anyway to get back on point and
[34:37.060 --> 34:48.820]  wrap up my little uh soiree here i'm filing a motion for judgment nunc protunk what not
[34:48.820 --> 34:55.860]  proton does is it corrects an order that does not reflect the spirit of the court when the order was
[34:55.860 --> 35:03.540]  rendered the order entered is not the order rendered so we want the language changed i want
[35:03.540 --> 35:12.180]  matter to be changed to forcible detainer case and i'm also adding an additional paragraph
[35:12.180 --> 35:20.180]  pointing out that by operation of law any resulting uh writ of possession is void
[35:21.700 --> 35:30.500]  ab initio from the beginning it never existed so when i'm done with this
[35:30.500 --> 35:38.020]  and i there's really no way that the judge can back out on this and and change his mind on this
[35:38.020 --> 35:44.980]  really and say oh no no no i want to dismiss the the appeal well your honor are you lying now or
[35:44.980 --> 35:52.020]  were you lying then because here are your own word you do trust your your uh court reporter do
[35:52.020 --> 36:01.220]  you not wink wink nod nod yeah you better or her butt's on the line here her job's on the line if
[36:01.220 --> 36:05.940]  you don't trust your court reporter then get rid of her and get one that you can trust so if you
[36:05.940 --> 36:12.020]  do trust your court reporter and you do trust the words that come out of your own mouth i'm pointing
[36:12.020 --> 36:21.140]  out that you took time to very carefully think this out and you made two clear choices and you
[36:21.140 --> 36:29.220]  made two clear distinctions between the case and the appeal and you told these guys after ask after
[36:29.220 --> 36:36.740]  they after the opposing counsel sought advice from the bench as to what should be in the order
[36:37.460 --> 36:45.060]  you told them twice if you're happy to have your case go well just dismiss it and you can start
[36:45.060 --> 36:53.380]  the second time he said just give me one dismissing speaking of the the the order get me one dismissing
[36:53.380 --> 37:03.620]  the case he didn't dismiss the appeal he dismissed the case by operation of law the writ of possession
[37:03.620 --> 37:12.900]  no longer exists and it never did because he dismissed the case when he dismissed the case
[37:12.900 --> 37:21.380]  bye-bye rid of possession unfortunately it's still on record down there at the
[37:22.020 --> 37:27.220]  the constable's office and somebody from barrett death and called down there to precinct five and
[37:27.220 --> 37:33.780]  said hey you guys uh you guys got a red possession on file yeah sure do go ahead and execute that
[37:35.780 --> 37:37.380]  boy did they screw up
[37:37.380 --> 37:49.620]  screw up i hope to see heads roll okay the way it sounds to me yeah i'm okay the lawyer who
[37:49.620 --> 37:58.740]  produced the order was barrett deaf and frappin and kiss my behind right not necessarily he was
[37:58.740 --> 38:07.380]  working at the time for hopkins angle hopkins should i'm sorry hopkins williams law it was it
[38:07.380 --> 38:14.980]  was plaintiff let me get let me get there i'll answer your question let me get there brown was
[38:14.980 --> 38:24.500]  the attorney at the hearing brown was working for uh hopkins williams who takes all their orders
[38:24.500 --> 38:33.060]  from barrett death okay so it was plaintiff's counsel not your counsel that produced the order
[38:33.060 --> 38:39.140]  that is a correct statement so the judge issues the order dismissing the case
[38:41.300 --> 38:49.380]  they're losing rendered an order dismissing the case we rendered an order dismissing the case
[38:49.380 --> 38:58.580]  correct and ask counsel to produce an order to that effect yes counsel oh by the way when when
[38:58.580 --> 39:06.580]  the judge gives direction to an attorney such as get me an order dismissing the case that's an order
[39:06.580 --> 39:11.940]  that's not a directive that's not a suggestion that's not a recommendation that is an order
[39:11.940 --> 39:19.540]  yes he ordered opposing counsel to get me one dismissing the case and counsel gave him an order
[39:19.540 --> 39:26.980]  that did not dismiss the case it dismissed the matter whatever the matter is and then opposing
[39:26.980 --> 39:40.660]  counsel used that deliberately vague language as an excuse to evict you yes so they essentially
[39:40.660 --> 39:47.620]  essentially attempted to change the ruling of the court that yes that should get a petition for
[39:47.620 --> 39:56.580]  sanctions yes now i might make that kind of error because i'm just uh ignorant pro se
[39:58.020 --> 40:03.780]  uh but this guy's got a bar card he cannot be heard to say that he knows not the law
[40:03.780 --> 40:14.100]  he is screwed literally screws the u.s he may not be heard if he be sane he may not be heard
[40:14.100 --> 40:23.060]  to say he knows not what he does yeah so it must be construed even if the inclusion of that
[40:23.060 --> 40:31.300]  unfortunate term was an error on their part that is not an error they can make correct
[40:31.300 --> 40:38.660]  that's like me making an error and driving through a red light and running over a half a dozen
[40:38.660 --> 40:47.460]  school kids i cannot make that error no i thought it was green it's just there's some errors you
[40:47.460 --> 40:56.500]  can't make and these guys being lawyers happen to make an error that worked in their favor now
[40:56.500 --> 41:05.380]  they knew full well in court that the judge intended to dismiss the case yes they produced
[41:05.380 --> 41:12.020]  an order to the court which the judge almost certainly did not read in fine detail because
[41:12.020 --> 41:19.300]  he expected to get exactly what he asked for well even at that time randy we after hearing
[41:19.300 --> 41:25.460]  the judge just minutes earlier saying well if you all are happy to have your case go away i'll just
[41:25.460 --> 41:31.220]  dismiss it and you can start over and then 30 seconds later telling the same counsel will get
[41:31.220 --> 41:37.140]  me one dismissing the case speaking of the order we interpreted the word matter to mean the forcible
[41:37.140 --> 41:48.660]  detainer while it was still fresh in the air but the point is we interpreted matter to mean the
[41:48.660 --> 41:55.060]  case but that's not what that's not what happened well it was clear what they did that they did
[41:55.060 --> 42:01.540]  that they they knew that when they came in on your wife's birthday and took everything out of
[42:01.540 --> 42:07.940]  the house they knew for their hearts they knew full well it was the intent of the court to
[42:07.940 --> 42:15.220]  dismiss the case yes and they deliberately attempted to thwart the intent of the court
[42:15.220 --> 42:22.180]  that should get a with math that should go for you did you ask for sanctions not yet
[42:22.180 --> 42:28.820]  that's coming but they did they they did all that you said and they did it with malice how do i get
[42:28.820 --> 42:39.140]  to malice randy they sent people out here with loaded guns on their hips exactly they use this
[42:39.140 --> 42:49.860]  the constable's office as a weapon it is in in my mind it is as if brian engel himself were in my
[42:49.860 --> 42:57.620]  front yard with a gun saying get out it's worse than that because these were public officials with
[42:57.620 --> 43:04.340]  guns yes they are not my target he sent public officials with guns and those public officials
[43:04.340 --> 43:11.860]  were acting in good faith reliance on competent authority so they didn't commit any criminal act
[43:11.860 --> 43:20.980]  criminal act not at all engel committed the act that was the result of the behavior of these
[43:20.980 --> 43:30.020]  public officials some officials acted in their own right their act would have been one of first
[43:30.020 --> 43:43.780]  degree felony aggravated assault so since the actors acted in good faith reliance on
[43:43.780 --> 43:50.420]  competent authority and were lied to engel should get that charge yep imputed negligence you could
[43:50.420 --> 43:56.980]  have been killed randy kelton deborah stevens no no steve skidmore you don't look like deborah
[43:56.980 --> 44:06.260]  we'll be right back hello my name is stewart smith from natures pure organics dot com and i
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[45:59.780 --> 46:10.660]  easy
[46:14.740 --> 46:24.660]  whoa
[46:24.660 --> 46:34.260]  always i must be careful what i'm wishing for when i'm hungry i like to know just what i'm fishing
[46:41.860 --> 46:48.020]  welcome back to rule all radio folks i'm gonna wrap this up real quick uh leslie in pennsylvania
[46:48.020 --> 46:53.140]  will take you then we've got brian in illinois and we see we've got an unscreened caller david
[46:53.140 --> 46:59.860]  somebody um looks like he's in south dakota maybe a call screener will take care of that and we'll
[46:59.860 --> 47:05.620]  be with you callers here in just a minute but randy uh you brought up a good point here over
[47:05.620 --> 47:13.540]  the break and i believe leslie and pa is going to speak to this in that filing something to collect
[47:14.420 --> 47:19.940]  an alleged debt or collect the collateral on alleged debt outside the statute of limitations
[47:19.940 --> 47:30.260]  is also or equates a fair debt collection practices act violation but the reason i wanted
[47:30.260 --> 47:35.460]  to and we'll get to that in just a minute leslie hang on uh the reason i wanted to bring up this
[47:35.460 --> 47:41.060]  this issue of a judgment nunc protunk or a motion for judgment nunc protunk
[47:41.060 --> 47:49.220]  all this does is it changes the language or changes something physical something written
[47:49.220 --> 47:55.540]  in the order if there be a clerical error a judicial error cannot be corrected outside the
[47:55.540 --> 48:02.100]  time that the court loses plenary power and if you're wondering when a court loses plenary power
[48:02.660 --> 48:07.460]  the court loses plenary power when you run out of time to file an appeal
[48:07.460 --> 48:12.020]  you can you can pretty much count on that if your time to file an appeal has run
[48:12.740 --> 48:17.380]  you're outside that statute of limitations then the court no longer has plenary power
[48:18.580 --> 48:26.900]  so once the court loses plenary power the only thing you can change in an order is a
[48:26.900 --> 48:33.380]  clerical error and fortunately enough the case law defines a clerical error
[48:33.380 --> 48:40.820]  as being an error in the order as entered not reflecting the the order that was rendered
[48:41.380 --> 48:47.300]  and that is exactly what we've got here and on that note let's go to pennsylvania and
[48:47.300 --> 48:51.140]  talk to leslie hi leslie what have you got for us today
[48:53.940 --> 48:58.660]  in rewashington in the bankruptcy court of new jersey
[48:58.660 --> 49:05.620]  last okay came up with a beautiful beautiful decision um it was very interesting in that
[49:05.620 --> 49:13.140]  it had america's wholesale lender as the lender which we discussed the last time i called yes
[49:13.140 --> 49:19.300]  but i don't know if you noticed that or not in this i did in what i had said
[49:19.300 --> 49:27.700]  well the conclusion of the case goes like this in light of defendant's acceleration
[49:27.700 --> 49:36.180]  of the maturity date of the underlying debt as of june the first 2007 and because neither the
[49:36.180 --> 49:42.900]  debtor nor the defendant took any action under the mortgage instrument or the fair foreclosure
[49:42.900 --> 49:50.180]  act to de-accelerate the maturity date defendant's right to file a foreclosure complaint expired
[49:50.180 --> 49:53.940]  six years oh no
[49:57.940 --> 50:03.620]  now listen to this given the defendant's putative secured claim is under forcible
[50:04.500 --> 50:12.420]  unenforceable under the uh the uh the uh the uh the uh the uh the uh the uh the uh the
[50:12.420 --> 50:18.740]  uh usc 11 usc under the bankruptcy code by applicable new jersey statute their mortgage
[50:18.740 --> 50:27.380]  lien is void under the bankruptcy statutes and that retains the property free of any claim of
[50:27.380 --> 50:35.140]  the defendant debtor is to submit the form of judgment the court will proceed to gargle in an
[50:35.140 --> 50:43.460]  effort to remove the lingering bad taste oh that's in the order that's in the in the memorandum
[50:43.460 --> 50:51.540]  opinion yes it is you gotta be kidding me one of the judges going to gargle to get the taste out
[50:51.540 --> 51:00.500]  of his mouth oh my goodness okay folks pay attention this means that the judge did not
[51:00.500 --> 51:08.260]  want to do this but somebody put him in a position where he had to this is what it was in as much as
[51:08.260 --> 51:13.140]  the court finds that the defendants are time barred from enforcing the note or mortgage
[51:13.140 --> 51:21.140]  it is not necessary to address the debtor's arguments that defendants lack standing to
[51:21.140 --> 51:27.940]  enforce the note and mortgage based on the defects in the assignment or alleged impact of a settlement
[51:27.940 --> 51:38.260]  agreement beautiful beautiful there is two so many america wholesale lenders debts in new jersey
[51:38.820 --> 51:43.300]  that they would much rather do it on the six-year statute of limitations
[51:43.300 --> 51:49.620]  than even talk about america's whole field level well six years statute limitations on foreclosure
[51:49.620 --> 51:56.260]  is kind of long because the uh here in texas it's four in several other states it's four well
[51:56.260 --> 52:02.660]  actually actually it's there's a 20-year statute of limitations they tried to argue there's a
[52:03.460 --> 52:10.420]  statute of limitations under steel pennsylvania has the same thing anything signed under seal
[52:11.060 --> 52:16.900]  is 20 years okay but when they accelerate the note
[52:16.900 --> 52:26.180]  it changes that how entirely get me there because all of the all of the commercial code
[52:26.980 --> 52:37.380]  under the uniform commercial code under notes it says chap uh what is it article 3 118 says
[52:37.380 --> 52:48.340]  that when a note is accelerated the statute of limitations is six years
[52:54.580 --> 53:03.140]  okay okay so if i understand this right in new jersey okay let me ask the question
[53:03.140 --> 53:07.620]  no wait wait wait a minute wait a minute remember this was a bk case
[53:07.620 --> 53:13.300]  yes i do so that would supersede new jersey's statutes we're talking about
[53:14.740 --> 53:18.500]  the contract and statute of limitations yes
[53:21.940 --> 53:27.300]  you made me forget my question i'm sorry pattern interruption yes
[53:27.300 --> 53:35.300]  you taught me well yeah how did the court get there let me get back to my question
[53:35.300 --> 53:39.300]  it was an important question before i could ask my my original question
[53:43.460 --> 53:53.060]  okay does new jersey state law have a limitation a statute of limitation
[53:53.060 --> 53:57.700]  on enforcing a default on a security instrument
[54:00.980 --> 54:02.340]  uh yes it's 20 years
[54:05.380 --> 54:13.300]  no no wait wait no you're saying that the gender okay oh the question was what does it mean when
[54:13.300 --> 54:23.860]  you say a contract signed under seal well when they say seal next to your name well the mortgages
[54:23.860 --> 54:28.900]  that i've signed have said seal next to your name and when they they put the notary seal on it
[54:30.580 --> 54:39.940]  okay so it refers to the notary seal being acknowledged by a notary okay so all contracts
[54:39.940 --> 54:50.660]  are enforceable for 20 years after default yes okay so you know most other states have a specific
[54:50.660 --> 54:59.700]  statutory limitation specific to mortgages in texas is four years the maturity date of the
[54:59.700 --> 55:07.860]  mortgage the maturity date of the mortgage is like 30 years and you add six to that
[55:07.860 --> 55:14.580]  okay no wait there's another one when it's accelerated the the acceleration means that
[55:14.580 --> 55:20.180]  they've had moved up the maturity date to right now you got to pay this thing off to stay in your
[55:20.180 --> 55:26.660]  house yeah you you have one in pennsylvania and i think pennsylvania is let's say five or six years
[55:28.340 --> 55:34.820]  it's four years on a note under the statute of limitations under the judicial rules of civil
[55:34.820 --> 55:44.820]  procedure but under the commercial code uh it it states uh six years following the acceleration
[55:44.820 --> 55:55.300]  of a note okay so that's specific that this 20 years on the seal on the signing of the note
[55:56.020 --> 56:02.420]  that's separate this goes specifically to acceleration does new jersey have a
[56:02.420 --> 56:11.220]  specific acceleration statute yes and what is that under their commercial code yeah it's it's
[56:11.220 --> 56:15.380]  it's i think they're all the same all over the country it probably reflects the same thing as
[56:15.380 --> 56:24.100]  the ucc okay because ours doesn't texas is four years not six years that's under the property
[56:24.100 --> 56:34.020]  code not under the ucc yeah that's what i'm saying that stands first yeah you can't you know
[56:34.020 --> 56:41.860]  i don't care about ucc if ucc is a general statute property code is a special statute that has
[56:41.860 --> 56:48.260]  special application if if i sign a contract in a partnership agreement with somebody that's
[56:48.260 --> 56:55.780]  well in new in new jersey this is a a for fair foreclosure act and which is separate from the
[56:55.780 --> 57:04.420]  ucc and that also states uh about the six years okay so that's going to be the one that will
[57:04.420 --> 57:10.980]  govern over the more general so the six-year will govern that was what i was trying to
[57:10.980 --> 57:17.940]  to make sure i understood about the seal so if it is a real judge in this case agreed
[57:18.580 --> 57:25.860]  six years yeah and so they had six years to to act and as i understand the judge recommended
[57:25.860 --> 57:31.220]  judge suggested that the filing was a violation of the fdcpa
[57:33.780 --> 57:39.140]  actually no what was what happened was that he was putting it they had he had put him in
[57:39.140 --> 57:45.860]  he had put in a claim under the bankruptcy act and they said no you don't have 20 years under seal
[57:45.860 --> 57:51.620]  because you've already accelerated the mortgage and you only have six okay well let me come back
[57:51.620 --> 57:59.860]  got it got it uh jeff sedrick was on last night and he referenced a case that was was just ruled
[57:59.860 --> 58:06.180]  on and i think this is the case he was talking about and it had all of the the debt collectors
[58:06.180 --> 58:13.220]  the debt collectors up in arms because the judge claimed that the filing in the court
[58:13.220 --> 58:18.660]  was a violation of the cpa because they tried to collect a death that was out of time
[58:20.180 --> 58:26.260]  hang on rent kelton hang on we're about to go to break this is randy kelton steve skidmore
[58:26.260 --> 58:34.340]  root of law radio i call in number 512-646-1984 give us a call brian david we see you there
[58:34.340 --> 58:39.780]  calls kind of build up toward the end so if you have a question or comment call in early
[58:39.780 --> 58:43.460]  if you try to call in and you can't get through we can only hold four at a time
[58:43.460 --> 59:05.140]  as soon as somebody drops off try calling back we'll be right back
[59:14.100 --> 59:19.860]  are a three volume set called basic elements of the christian life chapter by chapter basic
[59:19.860 --> 59:26.020]  elements of the christian life clearly presents god's plan of salvation growing in christ and how
[59:26.020 --> 59:32.180]  to build up the church to order your free new testament recovery version and basic elements
[59:32.180 --> 59:44.340]  of the christian life call bibles for america toll free at 888-551-0102 that's 888-551-0102
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[01:00:02.820 --> 01:00:07.460]  this is the liberty beat your daily source for liberty news and activist updates online at
[01:00:07.460 --> 01:00:13.060]  thelibertybeat.com i'm brian hagen with your liberty beat for friday november 21st 2014
[01:00:13.060 --> 01:00:18.180]  gold is trading around one thousand one hundred ninety three dollars silver is trading around
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[01:00:55.700 --> 01:01:01.620]  liberty beat for your savings today in the news a common sense middle ground approach
[01:01:02.180 --> 01:01:06.820]  that's what president barack obama called his plan regarding immigration reform as unveiled during
[01:01:06.820 --> 01:01:11.540]  a speech thursday night we're going to keep focusing enforcement resources on actual threats
[01:01:11.540 --> 01:01:18.500]  to our security felons not families criminals not children gang members not a mom who's working hard
[01:01:18.500 --> 01:01:22.820]  to provide for her kids the executive order means those undocumented immigrants who have lived in
[01:01:22.820 --> 01:01:26.900]  the united states for five years or more who are the parents of either american citizens or
[01:01:26.900 --> 01:01:31.700]  lawful residents will not be deported before that would happen they would have to undergo criminal
[01:01:31.700 --> 01:01:35.780]  and national security background checks their status would be reviewed every three years
[01:01:35.780 --> 01:01:41.300]  supporters of michael brown and police officers in riot gear clashed on wednesday night as ferguson
[01:01:41.300 --> 01:01:46.420]  awaits a decision from the grand jury about 50 officers in helmets carrying shields and batons
[01:01:46.420 --> 01:01:51.620]  charged at a small group of protesters in below freezing temperatures protesters reportedly sounded
[01:01:51.620 --> 01:01:56.180]  sirens and shouted at the police local authorities have said the officers would reserve the right to
[01:01:56.180 --> 01:02:01.140]  put on riot gear when they feel their safety is at risk the smaller protests throughout the week
[01:02:01.140 --> 01:02:09.140]  have all been peaceful and non-threatening on thursday thousands of demonstrators across mexico
[01:02:09.140 --> 01:02:13.620]  and the united states took part in strikes and protests to raise awareness on the kidnapping
[01:02:13.620 --> 01:02:18.740]  of 43 students from aguala in the southern state of guerero protesters marched through the streets
[01:02:18.740 --> 01:02:24.180]  of mexico city as well as houston los angeles and new york the liberty beat is brought to you in part
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[01:03:05.300 --> 01:03:08.740]  it's all according to the will of the almighty
[01:03:08.740 --> 01:03:31.540]  i read his book and it says
[01:03:38.740 --> 01:03:49.380]  okay we are back grandpa kelton steve skidmore radio and we're talking to leslie in pennsylvania
[01:03:50.020 --> 01:03:54.340]  okay i was uh i didn't mean to be pedantic but i was trying to make sure i had
[01:03:54.980 --> 01:03:59.780]  uh the facts in place so i kind of understood what was going on
[01:03:59.780 --> 01:04:08.020]  would you like to hear the introduction i think it is hysterical absolutely no one gets a free
[01:04:08.020 --> 01:04:13.380]  house this court and others have uttered this admonition since the early days of the mortgage
[01:04:13.380 --> 01:04:20.500]  crisis where homeowners have sought relief under a myriad of state and federal consumer protection
[01:04:20.500 --> 01:04:27.940]  statutes and the bag bankruptcy code yet with a proper measure of disquiet and she
[01:04:27.940 --> 01:04:35.380]  grin this court must now retreat from this position as gordon a washington the debtor
[01:04:35.380 --> 01:04:41.620]  has presented a convincing argument for entitlement to such relief so with a figurative
[01:04:41.620 --> 01:04:48.900]  hand holding the nose the court for the reasons set forth below will grant debtors motion for
[01:04:48.900 --> 01:04:59.540]  summary judgment these matters come before the court on a motion to motion to cross motions
[01:04:59.540 --> 01:05:05.460]  for summary judgment motion and two cross motions for summary judgment okay you sent me the case and
[01:05:05.460 --> 01:05:10.900]  i was reading it before while steve was talking i was going through it and this seemed to be dead
[01:05:10.900 --> 01:05:16.340]  on point exactly what steve was addressing he's away for a moment he'll be back shortly
[01:05:16.340 --> 01:05:24.900]  so this is this is great uh we have a number of cases where they're out of time and
[01:05:25.940 --> 01:05:33.700]  because of of this particular argument and i suspect that with all the nose holding
[01:05:34.980 --> 01:05:42.020]  that the real reason the judge did this is because american wholesale lenders
[01:05:42.020 --> 01:05:49.540]  is not a dead guy we've been talking about uh murres doing assignments for dead guys
[01:05:50.660 --> 01:05:57.620]  where the corporal corporation is considered a person under law for the purpose of exercising
[01:05:57.620 --> 01:06:07.940]  certain rights and when murres does a assignment of the security instrument from a company that
[01:06:07.940 --> 01:06:13.380]  no longer exists then they're trying to do an assignment for a dead guy and judge sheck
[01:06:14.260 --> 01:06:29.540]  in new york called it the vampire lender because he must be a vampire he came back from the dead but
[01:06:29.540 --> 01:06:39.780]  this one's not about a vampire lender this one's about a never existed lender because if you have
[01:06:39.780 --> 01:06:47.300]  an american wholesale lender's note american wholesale lenders never existed in the first
[01:06:47.300 --> 01:07:00.740]  place and we just recently got that ruling out of out of florida florida saying that they never
[01:07:00.740 --> 01:07:10.980]  existed in the first place so the lender not only got his house free and clear the the plaintiff had
[01:07:10.980 --> 01:07:17.460]  pay all of the funds that had been collected from the lender because the american wholesale
[01:07:17.460 --> 01:07:23.460]  lenders never existed as a company and they had no right to do business and i think this judge
[01:07:23.460 --> 01:07:30.260]  didn't want to address that oh i think that's exactly why he gave him this one because he
[01:07:30.260 --> 01:07:37.860]  didn't want to go to that one so it sounds like the judge is doing all this huffing and puffing
[01:07:37.860 --> 01:07:45.380]  garbage when really he was taking the easy way out something he was going to have to do
[01:07:46.420 --> 01:07:53.940]  and he did it in a way that didn't hold up whole american wholesale lenders as a fair game
[01:07:56.100 --> 01:08:02.100]  right exactly that's what i thought i think he'd like to talk about that so that's why
[01:08:02.100 --> 01:08:09.540]  i called in tonight yeah and she had just sent me the link earlier so you
[01:08:09.540 --> 01:08:12.020]  you must have known we were going to talk about this issue
[01:08:15.700 --> 01:08:21.540]  yep okay is that it miss leslie on site too yeah
[01:08:23.620 --> 01:08:25.380]  you got anything else for us tonight leslie
[01:08:25.380 --> 01:08:30.660]  nope that's it uh there's other there's other cases coming up that are going to be exactly
[01:08:30.660 --> 01:08:36.420]  like this time limit oh yeah yeah this is going to create kind of a domino effect we see several
[01:08:36.420 --> 01:08:42.420]  of these cases coming out now that that are are let me say they have the potential of having a
[01:08:42.420 --> 01:08:50.260]  domino effect or a profound effect on how courts view things it's starting to change it you know
[01:08:50.260 --> 01:08:54.900]  it's been a long time in the coming but it's the winds are starting to change in the course of
[01:08:54.900 --> 01:09:01.780]  change in the courts well now that they've they've they've said that the acceleration of the note
[01:09:02.340 --> 01:09:07.780]  accelerates the mortgage and makes it time bored after six years of acceleration
[01:09:08.740 --> 01:09:14.100]  now the 20-year statute of limitations that everybody dreads in pennsylvania can be wiped out
[01:09:17.140 --> 01:09:21.060]  because in pennsylvania i had lawyers say well we can't do anything with the statute of limitations
[01:09:21.060 --> 01:09:24.900]  20 years but they're not looking at the the acceleration clause
[01:09:28.260 --> 01:09:34.020]  i am looking forward to your calling in and telling us that you've won your case
[01:09:36.260 --> 01:09:43.460]  i think what i they're supposed to send in their briefs by the beginning of february
[01:09:43.460 --> 01:09:50.020]  they've got extensions but what i think will happen is when they read all the arguments
[01:09:50.020 --> 01:09:55.220]  that i have that they will say oh we'll give her to her on the default judgment and we don't have
[01:09:55.220 --> 01:10:02.580]  to answer any of the other questions she asks because it's loaded let's dear god let's not go
[01:10:02.580 --> 01:10:14.740]  to any more of these merits exactly okay thank you very much miss leslie now we're going to go to
[01:10:14.740 --> 01:10:24.580]  brian in illinois hello brian good evening mr kelton how you doing tonight barely hear you
[01:10:24.580 --> 01:10:31.140]  it's because you got a hum in your mic that's drowning him out a hum a hum a loud one tonight
[01:10:31.140 --> 01:10:35.860]  kick your computer smack your thing around do what you got to do get rid of that hum
[01:10:37.300 --> 01:10:42.980]  okay right brian in illinois we can hear you now what do you got all right great great uh i had
[01:10:42.980 --> 01:10:47.380]  a couple different things i wanted to talk about but leslie just brought up an issue um are you
[01:10:47.380 --> 01:10:53.460]  guys familiar didn't she though you guys are familiar with the min number mortgage
[01:10:53.460 --> 01:10:59.940]  identification number correct absolutely yes an 18-digit number on a deed of trust if mers is
[01:10:59.940 --> 01:11:07.620]  implicated as a party in your security instrument or the transfer of rights under the note yes we're
[01:11:07.620 --> 01:11:14.740]  familiar with a min number yeah in my case i have a min number okay you said and uh what i have
[01:11:14.740 --> 01:11:20.820]  researched or what i understand is that there's uh only two possible ways to have your min number
[01:11:20.820 --> 01:11:28.660]  uh show an inactive status and that's uh either you've been foreclosed on or uh you've paid off
[01:11:28.660 --> 01:11:37.380]  your mortgage is that true to the best of my knowledge that would be accurate okay now i
[01:11:37.380 --> 01:11:44.900]  have not been foreclosed and i um uh have not paid off my mortgage but my min is inactive
[01:11:46.500 --> 01:11:57.540]  interesting i know okay here's what i i here here's what may have happened anytime you have
[01:11:58.500 --> 01:12:05.380]  an interest in secured property that changes hands whoever's giving it up
[01:12:05.380 --> 01:12:09.300]  issues a release of lien to whoever's taking it over
[01:12:11.620 --> 01:12:18.580]  it could be that somewhere in the mer's system somehow somebody pushed the wrong button
[01:12:18.580 --> 01:12:26.420]  clicked the wrong choice whatever it was but through a transfer of uh of
[01:12:26.420 --> 01:12:35.860]  uh of let me ask you this have you had a change in your mortgage servicer here recently well i
[01:12:35.860 --> 01:12:40.980]  was just going to bring that up i got a letter that said uh that they were going to change my
[01:12:40.980 --> 01:12:49.540]  server service citrus and then i received a letter about a mr taras yes taras to disregard
[01:12:50.260 --> 01:12:55.380]  the letter that it's not being changed and if you've made any payments to them they will be
[01:12:55.380 --> 01:13:02.980]  refunded to you that's where the screw-up happened okay that is an error in their system
[01:13:04.260 --> 01:13:10.740]  well does that start the acceleration part of it not necessarily she threw a light bulb on
[01:13:11.380 --> 01:13:17.380]  not necessarily well okay you're asking me two different questions is it possible that that
[01:13:17.380 --> 01:13:23.140]  that could happen absolutely it's possible now once we've deemed something possible let's look
[01:13:23.140 --> 01:13:30.980]  at the likelihood you're right in today's well you know it's it's a it's a given fact that if
[01:13:30.980 --> 01:13:36.740]  if something is deemed possible you're no longer considering the possibility that's already been
[01:13:36.740 --> 01:13:41.940]  asked and answered now you're looking at the probability rather than the possibility
[01:13:42.740 --> 01:13:47.540]  so probability being likelihood what is the likelihood that that that this might
[01:13:47.540 --> 01:14:00.260]  uh uh initiate the acceleration process it is possible the likelihood is i'm gonna say 50 50
[01:14:01.620 --> 01:14:10.020]  okay uh 50 50 is as fair as i can get because we don't know we're not there yet we see that
[01:14:10.020 --> 01:14:16.260]  there's a glitch somewhere because they sent you a document that says hey send your money here
[01:14:16.260 --> 01:14:20.580]  and then you send another one said oh hey ignore that and anything you've paid we uh
[01:14:20.580 --> 01:14:26.100]  we'll we'll give that back to you uh please stay tuned we're experiencing some technical
[01:14:26.100 --> 01:14:33.140]  difficulty but keep sending your payments to somebody okay they've obviously got something
[01:14:33.140 --> 01:14:39.780]  wrong in their system so when you go to murrs and you do a loan lookup on murrs and you see
[01:14:39.780 --> 01:14:47.460]  that your min number is inactive that might be why or that might be part of the the glitch or
[01:14:47.460 --> 01:14:58.900]  whatever technical difficulty they're experiencing at the time this is a prime example why murrs
[01:14:58.900 --> 01:15:12.020]  should not exist we already had an infallible system in instituted here in all of the states
[01:15:12.580 --> 01:15:20.180]  of the united states we've got county recorders that is their purpose murrs was put in place to
[01:15:20.180 --> 01:15:26.580]  subvert the county recorder and we won't have to pay that that 35 filing fee five times a day when
[01:15:26.580 --> 01:15:37.620]  we transfer these things on wall street correct okay so this is the what what i'm seeing here
[01:15:38.580 --> 01:15:47.860]  based on what i've seen throughout the history is that with your particular mortgage perhaps
[01:15:47.860 --> 01:15:58.500]  the entire trust perhaps the entire remic there's there's some kind of glitch in the system where
[01:15:58.500 --> 01:16:02.260]  the left hand doesn't know what the right hand doing is doing and i know that's vague and
[01:16:02.260 --> 01:16:09.940]  ambiguous but the result is not a you're showing inactive b you're getting send your money here
[01:16:09.940 --> 01:16:18.100]  oh never mind there's something wrong so pay no attention to that inactive status what you should
[01:16:18.100 --> 01:16:27.140]  turn your attention to is your mailbox okay your mailbox or your telephone if somebody calls you
[01:16:27.140 --> 01:16:34.020]  pick it up doesn't matter if you don't know the number pick it up okay it might be them saying
[01:16:34.020 --> 01:16:40.100]  hey uh we've got some kind of problem here or hey you need to you need to make your last and final
[01:16:40.100 --> 01:16:46.180]  payment in the amount of uh four hundred and thirty two thousand dollars now but i hear the
[01:16:46.180 --> 01:16:51.620]  music in the background uh brian hang on there folks you're listening to rule law radio on a
[01:16:51.620 --> 01:16:56.980]  friday night five one two six four six nineteen eighty four you will put you in touch with us
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[01:18:55.780 --> 01:19:17.540]  coin and bullion.com or call 512-646-6440 this is the logos radio network
[01:19:17.540 --> 01:19:36.900]  welcome back to rule of law radio folks i'd like to thank three shoes posse and take this
[01:19:36.900 --> 01:19:48.820]  opportunity to to let you folks know that your your active participation in this program and
[01:19:48.820 --> 01:19:55.060]  anything that logos radio puts out over the air if you value what you hear and you want to continue
[01:19:55.060 --> 01:20:00.420]  hearing what you hear please support the network please please please support the network you can
[01:20:00.420 --> 01:20:09.860]  do so by going by logos radio network and visiting our sponsors the more you get from us the longer
[01:20:09.860 --> 01:20:15.780]  we can stay on air so oh wait wait there's one thing that we've been neglecting what have we
[01:20:15.780 --> 01:20:24.660]  neglected randy's beer fund we hey you know what i yeah it's been a long time since you've raised
[01:20:24.660 --> 01:20:31.700]  the issue of randy's beer fund how far in the red are you randy too far i can't see the bottom oh
[01:20:32.260 --> 01:20:38.740]  boy folks what do you like lone star old milwaukee you you're probably an old milwaukee fan because
[01:20:38.740 --> 01:20:48.420]  you're a yankee yeah i only i'm a lightweight but uh the all the money in my beer fund goes to the
[01:20:48.420 --> 01:20:55.700]  network anyway normal won't let me drink beer makes me fall asleep consequences of getting old
[01:20:56.740 --> 01:21:00.740]  but if you get a chance randy's beer fund could use a shot in the arm
[01:21:02.100 --> 01:21:09.860]  okay and with on that note with no further ado brian in illinois uh is there anything that i was
[01:21:09.860 --> 01:21:15.140]  saying before we went on a break that does not make sense no it totally makes sense and like
[01:21:15.140 --> 01:21:20.180]  you said that it's the prime example of how the merse system is out of control and totally just
[01:21:20.180 --> 01:21:27.380]  bogus you know this shouldn't exist at all if if if they have no measures in place to to prevent
[01:21:27.380 --> 01:21:37.300]  these kinds of foul ups placing your property your home in jeopardy then mars should not exist
[01:21:37.300 --> 01:21:44.100]  period now now i do now i do have to throw another scenario at you i did hear an attorney
[01:21:44.100 --> 01:21:49.700]  i did retain an attorney and hire an attorney to start the quiet title process uh he charged me for
[01:21:49.700 --> 01:21:54.820]  a forensic audit i called you guys about the audit and you guys explained to me that the
[01:21:54.820 --> 01:22:00.100]  audit might have been a little bit substandard and when i had uh called him to tell him when you
[01:22:00.100 --> 01:22:05.940]  let me break in here when you say audit man that that just it's like smacking me in my ear and the
[01:22:05.940 --> 01:22:17.060]  wintertime audit is that is a misnomer audit is an accounting term unless the audit is specific
[01:22:17.940 --> 01:22:25.620]  to accounting then it is not an audit it may be an analysis it may be a review but it is not an
[01:22:25.620 --> 01:22:34.420]  audit we've got to be careful with the language we use okay correct okay uh so basic so basically
[01:22:34.420 --> 01:22:43.060]  they did this uh forensic uh audit analysis i'm i'm not sure whatever it is okay you said you guys
[01:22:43.060 --> 01:22:48.980]  were you talking about joe escoval well yeah i believe i was talking to joe and mr skidmore at
[01:22:48.980 --> 01:22:53.780]  the time and in a nice way i talked to the attorney and i explained to him that there might
[01:22:53.780 --> 01:22:59.460]  be some things that are substandard and i wasn't happy with it and he basically freaked out on me
[01:22:59.460 --> 01:23:08.020]  and quit oh he quit my you insulted his intelligence well prior well prior to that he
[01:23:08.020 --> 01:23:12.980]  said i think bank of america is getting ready to do something so i just want to let that out to
[01:23:12.980 --> 01:23:20.660]  you guys so you know could that be something with the min number not necessarily with the min
[01:23:20.660 --> 01:23:28.260]  number well yes necessarily with the min number okay if if i was if i were you i would pay no
[01:23:28.260 --> 01:23:35.220]  i would pay no attention to the min number okay especially don't bring it up in court because it
[01:23:35.220 --> 01:23:42.820]  has nothing directly to do with you correct so you know i wouldn't pay any attention to that
[01:23:42.820 --> 01:23:51.700]  one thing that i've been listening uh that i was thinking watch these guys especially with this
[01:23:51.700 --> 01:24:01.300]  current ruling in the bankruptcy court about filing out of time they may try to get you to
[01:24:01.300 --> 01:24:07.460]  send them some money for one thing or the other we had we had someone that they told them if
[01:24:07.460 --> 01:24:12.180]  you'll just send us a thousand dollars we'll consider you up to date and we'll forego all
[01:24:12.180 --> 01:24:20.500]  those payments we just start all over and he asked me what to do do not send it acceptance
[01:24:20.500 --> 01:24:29.620]  by performance you do not do anything to cure your default okay because that will eliminate your
[01:24:30.500 --> 01:24:36.820]  statute of limitations claim i didn't i didn't make about three or four payments and then i had
[01:24:36.820 --> 01:24:46.580]  the problem uh when when when when pardon me give me a timeline uh how long ago did you miss your
[01:24:46.580 --> 01:24:52.660]  first payment uh i missed my first payment around december i didn't make december through
[01:24:53.780 --> 01:25:01.700]  april december of what year last year till april this year 13 okay okay so you're not
[01:25:02.820 --> 01:25:07.300]  i misunderstood i thought you had been not paying for quite a while in the
[01:25:07.300 --> 01:25:12.660]  statute of limitations apply but in your case apparently it doesn't no you're still within that
[01:25:12.660 --> 01:25:17.620]  time no yet yeah okay you're right that's what i that's what i was going to ask you guys if i
[01:25:17.620 --> 01:25:21.380]  screwed up by doing that you know what i mean i mean so you're you're wondering if there's
[01:25:21.380 --> 01:25:27.460]  a foreclosure in your in your future well i'm wondering if they started the foreclosure process
[01:25:27.460 --> 01:25:31.860]  because the attorney said they're getting ready to bounce on you sit tight and then we had the
[01:25:31.860 --> 01:25:37.300]  argument and he quit now your attorney probably told told you that because he was going to ask
[01:25:37.300 --> 01:25:47.620]  you for a bigger retainer okay not necessarily if okay let's go back to the min number and i
[01:25:47.620 --> 01:25:55.460]  i've got to agree with randy it for the for the purpose of litigation it is completely irrelevant
[01:25:56.420 --> 01:26:05.700]  however there's a process that leads up to litigation that first is is a default and not
[01:26:05.700 --> 01:26:11.700]  everybody that defaults uh gets hammered on right away and sometimes folks that have not
[01:26:11.700 --> 01:26:20.740]  defaulted get hammered on so um that said since we see a glitch in the system
[01:26:22.420 --> 01:26:31.620]  and uh you have revealed the fact that uh somewhere in december 13 you defaulted or may
[01:26:31.620 --> 01:26:38.340]  have defaulted though there's argument there we won't go down that rabbit hole um yeah the uh
[01:26:40.420 --> 01:26:48.340]  the chances of foreclosure what what do i know right now right now i know that you told me that
[01:26:48.340 --> 01:26:57.460]  your attorney at the time warned you that the bank was fixing to pounce we know that uh mers
[01:26:57.460 --> 01:27:04.340]  or somebody has sent you a letter saying hey send your money here then you get a oh never mind
[01:27:04.340 --> 01:27:10.260]  letter okay those are two two more indicators uh that there's something wrong in the system
[01:27:10.260 --> 01:27:21.300]  or that something is screwed up somewhere could that lead to a foreclosure yes again the likelihood
[01:27:21.300 --> 01:27:30.580]  50 50 now since you've introduced the element of a an alleged default that likelihood increases
[01:27:31.220 --> 01:27:40.260]  that likelihood increases uh dramatically when you consider it was two that it was a 2013 the
[01:27:40.260 --> 01:27:47.220]  month of december that this allegedly occurred so the likelihood of you being foreclosed on
[01:27:47.220 --> 01:27:58.420]  is great i would say probably around 90 okay probably what what what if i were in your position
[01:27:58.420 --> 01:28:06.980]  what i would recommend myself to do would be to get a proper analysis you know who to contact on
[01:28:06.980 --> 01:28:14.820]  that no i understand get a proper analysis and brace yourself this is going to be a long hard
[01:28:14.820 --> 01:28:24.980]  ride biggest indicator is when they start changing the servicer they only change the servicer before
[01:28:24.980 --> 01:28:30.980]  they begin the foreclosure process yes because they use a different company to do that and
[01:28:30.980 --> 01:28:38.660]  sometimes they they change servicers in the midst of the foreclosure process okay yeah but if they
[01:28:38.660 --> 01:28:45.620]  haven't changed servicers in a long time and you go into default and they change servicers that
[01:28:45.620 --> 01:28:52.820]  should come up a red flag okay all right now i want to ask you your opinion if my behavior was
[01:28:52.820 --> 01:28:59.220]  inappropriate with the attorney or not but um i quite like i said i hired him for the quiet title
[01:28:59.220 --> 01:29:04.740]  and then during the process of me questioning them a little bit about the analysis or audit
[01:29:04.740 --> 01:29:16.180]  whatever you want to call it i kind of mentioned to him in a nice way you know that i think that
[01:29:16.180 --> 01:29:25.620]  it would be better if we stuck on the quiet title route i wasn't employed at the time i wasn't
[01:29:25.620 --> 01:29:32.820]  making a lot of money and i felt that i didn't qualify to refinance and for some reason he
[01:29:32.820 --> 01:29:39.940]  wanted me to try to refinance and get them on all types of refinancing violations but okay okay
[01:29:39.940 --> 01:29:44.660]  hang hang on right there hang on right there brian i've made a note where we're at folks we're
[01:29:44.660 --> 01:29:52.500]  going to break 512-646-1984 we'll get you in line we've got a full deck right now so try back when
[01:29:52.500 --> 01:30:04.340]  brian drops off we'll be right back stay tuned unless you're a bump in a log you've probably
[01:30:04.340 --> 01:30:09.540]  heard the term blog a blog is an online journal with thoughts and opinions but have you heard of
[01:30:09.540 --> 01:30:15.940]  a flog i'm dr catherine albrecht and i'll tell you all about it in just a moment privacy is under
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[01:31:15.300 --> 01:31:20.580]  to say such nice things about the much hated retailer just one more reason walmart deserves
[01:31:20.580 --> 01:31:26.180]  a flogging i'm dr catherine albrecht more news and information at catherinealbrecht.com
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[01:33:43.140 --> 01:33:49.540]  welcome back to rule of law radio this friday night the 21st of november 2014 folks we are live
[01:33:49.540 --> 01:33:57.860]  and talking to brian in illinois brian let's bring this thing home brother we've got three
[01:33:57.860 --> 01:34:02.900]  other guys oh wait a minute i thought i pushed go live who's pushing the button behind me robert are
[01:34:02.900 --> 01:34:13.060]  you there sir no this is brian brian i'm sorry yes sir yeah yes uh the producer the producer's name
[01:34:13.060 --> 01:34:20.180]  is robert and he just piped in and said yes uh sorry robert i meant brian um okay brian let's
[01:34:24.180 --> 01:34:32.420]  in imminent danger of being foreclosed on i would say yes do you have remedy i would say
[01:34:33.060 --> 01:34:37.460]  yes particularly if mars is involved who was the original lender
[01:34:37.460 --> 01:34:48.340]  okay who was the original lender that was the question bank of bank of america bma congratulations
[01:34:48.340 --> 01:34:56.020]  buddy you got screwed uh i know i know i did okay now all you got to do is show the court and how
[01:34:56.020 --> 01:35:01.060]  you show the court is with competent evidence well what's interesting the broker that sold me the
[01:35:01.060 --> 01:35:07.060]  house uh has just got indicted and pled guilty to wire fraud and mail fraud for his real estate
[01:35:07.060 --> 01:35:15.620]  transaction objection your honor irrelevant you've got to tie that accusation to your case
[01:35:17.780 --> 01:35:25.300]  you will okay the accusation is good okay yeah so then we're coming back to the possibility
[01:35:25.300 --> 01:35:30.740]  probability thing what is the possibility that that this broker did the same thing to you that
[01:35:30.740 --> 01:35:37.220]  he'd been caught doing to others there is a possibility so now let's look at the likelihood
[01:35:37.780 --> 01:35:41.780]  that would be something that i would bring up to a private investigator
[01:35:41.780 --> 01:35:45.220]  wait a minute let me talk about the likelihood no
[01:35:46.580 --> 01:35:55.140]  since we could we've got it in the record since the real estate agent has shown to
[01:35:55.140 --> 01:36:02.500]  been shown to be a naughty boy he's no longer can be construed as credible
[01:36:03.140 --> 01:36:06.900]  or trustworthy yeah then look at your hud one settlement statement
[01:36:09.060 --> 01:36:17.540]  and consider the closing when you were at closing and the closing trustee
[01:36:17.540 --> 01:36:23.700]  gave you a copy of the hud one settlement statement and indicated that indicated all these
[01:36:23.700 --> 01:36:34.020]  fees on there did the trustee provide you with documentation to show that the fees that were
[01:36:34.020 --> 01:36:41.140]  charged were not otherwise forbidden to be charged by law that the fees were for services
[01:36:41.140 --> 01:36:49.140]  actually rendered that the services were necessary the amounts charged were reasonable that the
[01:36:49.140 --> 01:36:53.780]  vendor was a bona fide vendor and not a front company for one of your fiduciaries
[01:36:55.140 --> 01:37:00.180]  and that the lender did not take an undisclosed markup on the fees charged
[01:37:01.380 --> 01:37:06.260]  did you undistributed markup with the fees charged and he conspired with that actual
[01:37:06.260 --> 01:37:11.940]  titled the loan officer at bank of america i was given three different uh uh truth and
[01:37:11.940 --> 01:37:16.900]  lendings and i and i and it turns out that one of the truth and lendings was a fraudulent
[01:37:16.900 --> 01:37:22.740]  which caused me which caused my mortgage to start at about eight thousand dollars higher
[01:37:22.740 --> 01:37:27.940]  than it should have which caused me to pay this is going to cause me to pay about hold on hold on
[01:37:27.940 --> 01:37:38.740]  hold on when did you enter into this what year i entered uh 2009 09 okay randy okay
[01:37:39.940 --> 01:37:45.940]  uh truth in lending statement does not necessarily affect your note
[01:37:48.740 --> 01:37:57.300]  is the amount of the payment on the truth in lending statement the same amount as is listed
[01:37:57.300 --> 01:38:04.260]  on the note no they celebrated it by seven thousand dollars that's what i was trying to
[01:38:04.260 --> 01:38:09.460]  explain to you okay hold on hold on you need to there's a couple things we need in in place
[01:38:11.220 --> 01:38:17.860]  do your the payment demands do their the the notices they give you to pay
[01:38:20.420 --> 01:38:25.780]  do they reflect the the truth in lending statement or the note
[01:38:25.780 --> 01:38:31.540]  say it again randy you broke up my amortization table reflects the note
[01:38:32.820 --> 01:38:39.380]  it starts at the price on the note okay then the essentially the truth and lending statement
[01:38:41.380 --> 01:38:48.900]  hang on brian hang on yeah okay okay brian we have suppressors on the system so if i'm talking
[01:38:49.700 --> 01:38:53.860]  and you try to talk it'll push your voice down below us and we can't hear you
[01:38:53.860 --> 01:38:58.180]  okay a lot of times there's variations on the truth in lending statement
[01:38:59.140 --> 01:39:05.540]  and i always have to check to make sure what they're actually charging you so if they're not
[01:39:05.540 --> 01:39:10.980]  charging you the amounts on the truth in lending statement then you you can use the truth in lending
[01:39:10.980 --> 01:39:19.780]  statement to claim fraud per se or fraud by non-disclosure kind of a hard argument to make
[01:39:19.780 --> 01:39:25.940]  where i was going was to neither it was not to any of this consumer protection laws hope to heal
[01:39:25.940 --> 01:39:33.620]  the respite where i was going to was theft by fraud well that's i said it's grand theft it's
[01:39:33.620 --> 01:39:38.420]  stuffed by fraud it's wire fraud and mail fraud okay hold on no no no no you're running off all
[01:39:38.420 --> 01:39:45.460]  over the place how are you going to support all of that how are you what are the elements of those
[01:39:45.460 --> 01:39:50.100]  are all the elements present and how are you going to develop those elements you just made
[01:39:50.100 --> 01:39:56.180]  three claims all of what randy said applies to each of the three claims now that you've made a
[01:39:56.180 --> 01:40:02.820]  claim the onus probandai my friend is on your shoulders okay the reason i stopped there is
[01:40:03.700 --> 01:40:12.420]  you don't want to make claims you cannot conclusively prove okay and you don't want to
[01:40:12.420 --> 01:40:22.020]  make too many of these claims look at what they're doing and find the claim it best fits under
[01:40:23.540 --> 01:40:30.180]  the one that will be easiest for the judge to get his head wrapped around and where i was going is
[01:40:30.180 --> 01:40:37.460]  you know we did this in steve's case years ago is we ran we looked at the amount that was charged
[01:40:37.460 --> 01:40:45.060]  on the hud one settlement statement and since we didn't get any documentation to show that they
[01:40:45.060 --> 01:40:54.100]  were proper and valid we assumed that they were all fraudulent subtract the amount from item 1400
[01:40:54.100 --> 01:40:59.860]  on the hud one settlement statement from the principle on the first payment date and run an
[01:40:59.860 --> 01:41:08.500]  amortization assume you pay the amount that's demanded best to get a amortization schedule
[01:41:08.500 --> 01:41:14.260]  that'll do it on a spreadsheet so you can see each month's principle and interest and see how
[01:41:14.260 --> 01:41:24.900]  your principal declines on steve's his principal went to zero at payment 240 on a 360 payment note
[01:41:24.900 --> 01:41:29.620]  right i understand what you're saying i calculated i calculated it a little differently i'm going to
[01:41:29.620 --> 01:41:36.500]  overpay about eighteen thousand dollars if i pay the entire note how did you calculate that
[01:41:37.380 --> 01:41:42.180]  with the number amortization table i put the numbers in and calculated it and because they
[01:41:42.180 --> 01:41:49.700]  started based no no you're being vague i put numbers in and calculated how did you make the
[01:41:49.700 --> 01:41:56.020]  calculations how did you what numbers did you put in i i i put the i had two truth in lending one
[01:41:56.020 --> 01:42:01.380]  is the correct one and one is fraudulent i put in the numbers for the correct one and i put in the
[01:42:01.380 --> 01:42:07.220]  numbers for the fraudulent one and the fraudulent one causes me to pay eighteen thousand dollars
[01:42:07.220 --> 01:42:14.100]  over the life of the loan more than i should pay for it did they did they actually charge you that
[01:42:14.100 --> 01:42:23.940]  amount well if i pay the entire loan off over the 30 no no your monthly payment stub did it
[01:42:23.940 --> 01:42:30.100]  reflect the amount on the hud one stone the truth and lending statement or the amount on the note
[01:42:32.500 --> 01:42:37.860]  the amount on the note then the truth and lending is irrelevant because you're not paying that
[01:42:37.860 --> 01:42:45.460]  amount you can't argue that you were harmed by that because you didn't pay it then i'm well then
[01:42:45.460 --> 01:42:55.220]  i'm wrong i misspoke okay good well any you you entered into this in 09 so you're outside statute
[01:42:55.220 --> 01:43:00.980]  limitations on your statutory remedy through tila respa that's what you're talking about
[01:43:00.980 --> 01:43:09.300]  so you're outside statute limitations on your statutory remedy through tila respa what can't
[01:43:09.300 --> 01:43:17.700]  what relief you can get would be under breach of contract you would be going to the violations of
[01:43:17.700 --> 01:43:23.620]  tila respa uh see we're coming up to a break real quick folks so i'll try to make a short work of
[01:43:23.620 --> 01:43:32.420]  this your violations of uh tila respa would be in excuse me in the vein of breach of contract
[01:43:32.420 --> 01:43:37.380]  however the problem with breach of contract is that there is a presumption that there was a valid
[01:43:37.380 --> 01:43:42.580]  contract to begin with and we'll get back to that on the other side brian we're gonna have to bring
[01:43:42.580 --> 01:43:46.740]  this thing home brother we've got three guys in front of you that have been waiting a long time
[01:43:46.740 --> 01:43:55.620]  512646 1984 is number dialed get in behind brian david marcus and john in texas we'll be right back
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[01:46:27.940 --> 01:46:31.380]  come on
[01:46:31.380 --> 01:46:43.700]  so
[01:46:43.700 --> 01:47:10.540]  Okay, we are back. Randy Kelton, Stu Skidmore, Roodwall Radio, and we're talking to Brian
[01:47:10.540 --> 01:47:18.500]  in Illinois, and Brian, the truth is in these statements not a place to go if they didn't
[01:47:18.500 --> 01:47:25.460]  bill you the amount that was on it. That will leave you with no claim. However, the amounts
[01:47:25.460 --> 01:47:30.980]  charged on the HUD-1 settlement statement, that will get you a claim, and we've helped
[01:47:30.980 --> 01:47:37.200]  people do this in about four or five hundred federal lawsuits, and the bank has never proved
[01:47:37.200 --> 01:47:43.860]  up a single fee. What we claim is all the fees are garbage because you didn't prove
[01:47:43.860 --> 01:47:49.220]  up any of them. Now, we know some of them are valid, but we don't have to stipulate
[01:47:49.220 --> 01:47:56.380]  that they're valid. They have to prove that they're valid, and here's the problem.
[01:47:56.380 --> 01:48:04.260]  They always have fraudulent fees on there. Administration fee, document preparation fee,
[01:48:04.260 --> 01:48:13.240]  these are forbidden. So, if they prove up a valid fee and don't prove up another fee,
[01:48:13.240 --> 01:48:18.340]  that creates the adverse inference, which is exactly what you said it was, was a fraudulent
[01:48:18.340 --> 01:48:26.080]  fee they added to your notes, so you can use that money to bribe your fiduciaries with
[01:48:26.080 --> 01:48:33.160]  it. That's one you'll have. Your 2009 note, they didn't make as many mistakes
[01:48:33.160 --> 01:48:42.660]  after the crash, so you tend to have less claims against them, but they still kind of
[01:48:42.660 --> 01:48:52.340]  screw up. We do need to move along. If you want to, send me an email offline. I'll
[01:48:52.340 --> 01:48:56.340]  talk to you offline. Send me the numbers. I've got a big spreadsheet I can run the
[01:48:56.340 --> 01:48:57.740]  calculations for you.
[01:48:57.740 --> 01:49:01.020]  That's Randy at RuleLawRadio.com.
[01:49:01.020 --> 01:49:04.940]  I need to talk to you guys off the record, because there's something that concerns me
[01:49:04.940 --> 01:49:11.340]  after listening to you earlier today, is I did really good locally against the local
[01:49:11.340 --> 01:49:16.340]  municipality and I got some red light cameras taken down. I built up a little bit of confidence
[01:49:16.340 --> 01:49:21.860]  and I started taking some federal guys to task with everything I've learned from you
[01:49:21.860 --> 01:49:22.860]  guys.
[01:49:22.860 --> 01:49:23.860]  Good for you.
[01:49:23.860 --> 01:49:29.080]  I think I've targeted it. Well, yes and no, but I think I've turned into a little bit
[01:49:29.080 --> 01:49:34.140]  of a targeted individual because I had a guy by the name of Williams call me and say-
[01:49:34.140 --> 01:49:36.420]  That comes with the territory, brother.
[01:49:36.420 --> 01:49:39.020]  Okay. What did Williams say?
[01:49:39.020 --> 01:49:44.780]  Well, he says, I can make your problems go away. And I said, well, what do you mean by
[01:49:44.780 --> 01:49:49.780]  that? He says, you got some problems and I can make your problems go away. And I said,
[01:49:49.780 --> 01:49:53.140]  well, who are you? He says, I'm an attorney. I said, well, if you're an attorney, can you
[01:49:53.140 --> 01:49:55.780]  sign a confidentiality agreement with me?
[01:49:55.780 --> 01:49:59.700]  And he said, you know what? You're an asking problem like they told me you are. And he
[01:49:59.700 --> 01:50:02.100]  hung up the phone.
[01:50:02.100 --> 01:50:12.060]  You need to call the FBI and tell them that someone is stalking you. Someone implying
[01:50:12.060 --> 01:50:19.340]  that they're from the FBI is calling up and threatening you and stalking you.
[01:50:19.340 --> 01:50:25.620]  And what's strange is my buddy supposedly committed suicide and our friends don't think
[01:50:25.620 --> 01:50:30.740]  he did. And he's friends with the gentleman by the name of Engle. And that kind of just
[01:50:30.740 --> 01:50:34.580]  freaked me out. That's why I originally called you.
[01:50:34.580 --> 01:50:39.100]  And then the lady got me off the tangent with the min number.
[01:50:39.100 --> 01:50:47.880]  Okay. The Engle that I was referring to was an attorney at Barrett Daff and Frappier Turner
[01:50:47.880 --> 01:50:56.620]  and Engle. He resides here in Austin, Texas and he is not an FBI agent. He is a foreclosure
[01:50:56.620 --> 01:51:03.820]  mill attorney. So that's Brian Engle and that is the Engle that I was referring to.
[01:51:03.820 --> 01:51:09.380]  Now how many Engles are out there? We're back to that possibility probability. Is it
[01:51:09.380 --> 01:51:18.700]  possible it's the same guy? Maybe. What is the likelihood? Probably 0.00000010%.
[01:51:18.700 --> 01:51:26.280]  Well, what's interesting is the appraiser that did the appraisal for my broker that
[01:51:26.280 --> 01:51:28.940]  got busted, his last name is Turner.
[01:51:28.940 --> 01:51:31.820]  Oh my God. Oh.
[01:51:31.820 --> 01:51:34.660]  Maybe they're all related.
[01:51:34.660 --> 01:51:38.380]  They could be all related. Who knows?
[01:51:38.380 --> 01:51:44.380]  Call me off the air and we'll talk about some strategies to keep these guys off of
[01:51:44.380 --> 01:51:45.380]  you.
[01:51:45.380 --> 01:51:50.860]  Brian, we have got to move along to our next callers. Thank you very much for calling in
[01:51:50.860 --> 01:51:56.500]  and don't be such a stranger. Get in touch with Randy and let's get you some remedy
[01:51:56.500 --> 01:51:57.500]  started.
[01:51:57.500 --> 01:52:00.860]  I'm going to email Randy. I will. Thank you very much guys. Be safe.
[01:52:00.860 --> 01:52:07.500]  Likewise. That's Randy at RuleofLawRadio.com and we're going to South Dakota. Let's
[01:52:07.500 --> 01:52:10.340]  visit with David. Hi David. How's the weather up there?
[01:52:10.340 --> 01:52:16.540]  Oh, it's a little cold. It's about 20 degrees snowed yesterday, but it's melted a little
[01:52:16.540 --> 01:52:17.940]  bit today.
[01:52:17.940 --> 01:52:25.460]  Oh mercy. Man, you know, this is the difference between empathy and apathy. I feel for you,
[01:52:25.460 --> 01:52:28.020]  but I just can't reach you from here, brother.
[01:52:28.020 --> 01:52:32.100]  Yeah. You should be in Texas. It never snows in Texas.
[01:52:32.100 --> 01:52:39.060]  I had to come out of my jacket today because I was starting to sweat. It's still fairly
[01:52:39.060 --> 01:52:47.460]  pleasant. It's been rainy most of the day down here, but it's been shirtsleeve weather.
[01:52:47.460 --> 01:52:52.620]  It seems here in Texas, you go from one extreme immediately to another. There is no spring.
[01:52:52.620 --> 01:52:59.140]  There is no fall. There are only two seasons in Texas, summer and winter. And winter, you
[01:52:59.140 --> 01:53:05.740]  can sleep through it, you know, on a weekend. It's pretty much over with. But anyway, enough
[01:53:05.740 --> 01:53:07.820]  about the weather. I'm sure that's not what you're talking about.
[01:53:07.820 --> 01:53:08.820]  We're not gloating.
[01:53:08.820 --> 01:53:10.820]  No, we're not gloating.
[01:53:10.820 --> 01:53:20.220]  Well, I feel like I belong in Texas, but I have reasons to be here right now.
[01:53:20.220 --> 01:53:28.900]  Everybody belongs in Texas. Except for California. You Californians out there in Austin, go home.
[01:53:28.900 --> 01:53:32.100]  Sorry. Just had to say that.
[01:53:32.100 --> 01:53:37.460]  That's all right, Steve. What I was, the reason I was calling in when you were talking about
[01:53:37.460 --> 01:53:46.660]  the judgment that got changed the last time I was in court, the attorney that was opposing
[01:53:46.660 --> 01:53:55.220]  attorney stood up after the judge gave his oral judgment before he had signed anything.
[01:53:55.220 --> 01:54:02.060]  He stood up and said, Your Honor, let me make sure I understand what you're saying here.
[01:54:02.060 --> 01:54:08.020]  And he repeated, almost verbatim, looking at his notes, copious notes, what that judge
[01:54:08.020 --> 01:54:13.300]  had just said. And what that does, of course, you know, we've got it recorded what the judge
[01:54:13.300 --> 01:54:19.460]  said, but we've also got it reported. Is that correct, Your Honor? And the judge says yes,
[01:54:19.460 --> 01:54:25.620]  that's correct. So we've got him repeating to you or another attorney exactly what he
[01:54:25.620 --> 01:54:35.300]  just ordered. Then when this written order gets changed, you've got double proof that
[01:54:35.300 --> 01:54:41.020]  there was a misunderstanding. Are you there?
[01:54:41.020 --> 01:54:45.940]  Not so much that there was a misunderstanding there at the time. The misunderstanding in
[01:54:45.940 --> 01:54:57.180]  my specific case is after, well after the fact, since the court discussed two things,
[01:54:57.180 --> 01:55:08.540]  the appeal and the case. But the order or the judgment rather reflects the matter. That's
[01:55:08.540 --> 01:55:11.100]  something that was not discussed in the ruling.
[01:55:11.100 --> 01:55:19.260]  Well, I think what David was going to was the lawyer by repeating what the judge said
[01:55:19.260 --> 01:55:21.580]  has it in the record twice.
[01:55:21.580 --> 01:55:31.020]  Yes, absolutely. So there should be absolutely nothing in that judgment that would not comport
[01:55:31.020 --> 01:55:39.340]  with the judgment that was rendered. That is the judgment that is, since the judge said
[01:55:39.340 --> 01:55:47.900]  yes, then the attorney repeated what the judge said from his notes, thus entering this language
[01:55:47.900 --> 01:55:58.500]  twice in the record. He is now bound, if he prevails, he is now bound to produce a judgment
[01:55:58.500 --> 01:56:08.280]  or an order that can be entered that reflects the spirit of the court in the judgment that
[01:56:08.280 --> 01:56:12.780]  was rendered. They must match.
[01:56:12.780 --> 01:56:22.140]  Your honor, did I understand you correctly? That's what he asked the judge after he repeated.
[01:56:22.140 --> 01:56:29.880]  So then if there is any discrepancy, lower the boom on the guy. I mean, is the finality
[01:56:29.880 --> 01:56:37.660]  of your comment here to say that the order that was entered does not comport to the order
[01:56:37.660 --> 01:56:40.220]  that was entered, rendered?
[01:56:40.220 --> 01:56:48.580]  No, no. In my case, everything worked out. It was a delinquent tax case that time, but
[01:56:48.580 --> 01:56:57.140]  he had misstepped someplace ahead and I called him on that and they put him back on the straight
[01:56:57.140 --> 01:57:04.700]  and narrow. But I'll tell you what, Steve, I went to court one other time since, and
[01:57:04.700 --> 01:57:13.580]  even firsthand, I experienced what I just told you and I'll be darned. I did not stand
[01:57:13.580 --> 01:57:18.660]  up and repeat what the judge said and I swear they held it against me. They came out with
[01:57:18.660 --> 01:57:24.740]  something different. So I made the mistake that I'm telling you about trying not to make
[01:57:24.740 --> 01:57:31.860]  because I was by myself. I didn't have even an assistant with me that day and I was overwhelmed.
[01:57:31.860 --> 01:57:38.220]  So being overwhelmed, I wasn't thinking ahead. And so I didn't repeat the order and I'll
[01:57:38.220 --> 01:57:40.740]  swear they brought it out different.
[01:57:40.740 --> 01:57:46.780]  You know, you raised a good issue, David. It's easy to get overwhelmed in court. You
[01:57:46.780 --> 01:57:54.940]  know how to get over that? Go to court, go to court and just sit there and learn. Absolutely.
[01:57:54.940 --> 01:58:01.460]  Yes. Court watching. It's the best place to get your experience in court. It's the best
[01:58:01.460 --> 01:58:08.540]  place to learn what to expect in court. It's the best place to learn how to present evidence,
[01:58:08.540 --> 01:58:16.100]  the operation of law in an open court proceeding. I absolutely applaud you, David in South South
[01:58:16.100 --> 01:58:23.480]  Dakota for for at least having the the intestinal fortitude to go forward with an issue. This
[01:58:23.480 --> 01:58:28.980]  is what it's going to take. Folks, these these little misrepresentations in the orders entered
[01:58:28.980 --> 01:58:35.100]  are how bad precedent is set. This is how we get bad case law. We've got to make sure
[01:58:35.100 --> 01:58:40.280]  that the order entered comports to the order rendered. David, do you have anything else
[01:58:40.280 --> 01:58:41.280]  for us, sir?
[01:58:41.280 --> 01:58:45.140]  I do have a quick, darn different subject.
[01:58:45.140 --> 01:58:50.260]  OK, then stay right there. Folks, you're listening to Rule of Law Radio. We'll be right back.
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