ROL_2014-12-12_16k_Hr3-4.timecode

[00:00.000 --> 00:07.960]  This is the Liberty Beat, your daily source for Liberty News and activist updates online
[00:07.960 --> 00:09.800]  at thelibertybeat.com.
[00:09.800 --> 00:14.320]  I'm Brian Hagan with your Liberty Beat for Friday, December 12, 2014.
[00:14.320 --> 00:21.040]  Gold opened today at $1,222 down $4.00, silver opened at $17.05 down $3.00, and Bitcoin is
[00:21.040 --> 00:23.000]  trading around $353.
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[00:48.120 --> 00:52.840]  In the news, after years of ignoring the sovereignty of indigenous Americans, the federal government
[00:52.840 --> 00:57.760]  has now stated they will give tribes permission to grow and sell cannabis on their land.
[00:57.760 --> 01:01.640]  The Department of Justice announced the move Thursday, stating that the new rule would
[01:01.640 --> 01:06.520]  be implemented on a case-by-case basis.
[01:06.520 --> 01:10.920]  A new report from the World Wide Web Foundation found that surveillance of the Internet and
[01:10.920 --> 01:13.240]  censorship are both increasing.
[01:13.240 --> 01:17.320]  Tim Berners-Lee, the inventor of the World Wide Web, is head of the foundation.
[01:17.320 --> 01:20.240]  He is called for the Internet to be made a basic human right.
[01:20.240 --> 01:25.080]  The research showed that 83% of the 86 countries listed in the index had privacy safeguards
[01:25.080 --> 01:26.880]  that were weak to non-existent.
[01:26.880 --> 01:30.840]  They also found that web and social media had a large effect on citizen action, and
[01:30.840 --> 01:35.000]  only a quarter of nations have clear rules against political discrimination in Internet
[01:35.000 --> 01:38.840]  traffic management, and only a quarter of nations have clear rules against political
[01:38.840 --> 01:44.680]  discrimination in Internet traffic management.
[01:44.680 --> 01:48.520]  Several advocacy groups from around the globe have joined together to demand the release
[01:48.520 --> 01:51.360]  of the tax to the controversial Trans-Pacific Partnership.
[01:51.360 --> 01:56.200]  Today, a representative with Open Media International will present a letter from the coalition to
[01:56.200 --> 02:01.040]  TPP delegates at the TPP negotiations in Washington, D.C.
[02:01.040 --> 02:05.120]  The letter calls for open debate and transparency for the trade deal, which critics say will
[02:05.120 --> 02:09.320]  threaten national sovereignty and increase restrictive intellectual property laws.
[02:09.320 --> 02:13.080]  Previous versions of the secret tax have been leaked by WikiLeaks.
[02:13.080 --> 02:17.520]  The coalition includes the Electronic Frontier Foundation, Fight for the Future, Food and
[02:17.520 --> 02:20.600]  Water Watch, and the Government Accountability Project.
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[02:52.880 --> 02:56.960]  Is the Liberty Beat for Friday, December 12, 2014.
[02:56.960 --> 03:23.800]  Check out the website at thelibertybeat.com.
[03:23.800 --> 03:27.620]  I accept it for value right away.
[03:27.620 --> 03:29.260]  It's not true.
[03:29.260 --> 03:30.760]  Not later.
[03:30.760 --> 03:38.760]  We are originators And a pathway seems to get straighter every
[03:38.760 --> 03:43.500]  day And I can't take anything that belongs to me
[03:43.500 --> 03:45.240]  And put it to good use.
[03:45.240 --> 04:10.940]  Welcome back to Rural Law Radio folks, we apologize for the long break, we're trying to iron out
[04:10.940 --> 04:16.740]  some wrinkles back here on the back end, technology is a wonderful thing when it decides to work,
[04:16.740 --> 04:26.460]  but John in Texas, I'm waiting for that bumper music to die down, there it goes, okay, John in
[04:26.460 --> 04:30.780]  Texas, it seems like you're going down two paths, but I'm sure you're going to bring these paths
[04:30.780 --> 04:36.780]  back together, so let's kind of try to nut shell things, what I'd like to do is, is nut shell things,
[04:36.780 --> 04:45.300]  bring us back to where you are and get where you're going. So, so far you've had the underlying
[04:45.300 --> 04:54.540]  debt on the note discharged through bankruptcy, so there's pursuant to the discharge, there's no
[04:54.540 --> 05:02.380]  debt associated with the note, so now you've got barit-deffin, frack-air, turner and angle,
[05:02.380 --> 05:09.980]  suing you for foreclosure or foreclosing, threatening to foreclose on, on the Promise
[05:09.980 --> 05:18.340]  story note. Did you hear the beginning of this, not necessarily the beginning of the show, but
[05:18.340 --> 05:31.580]  did you hear the part in this case, U.S. Wells v. versus Bank of B.A.C. in where Texas courts have
[05:31.580 --> 05:37.980]  decided a long time ago that the enforcement of the note and the enforcement of the security
[05:37.980 --> 05:50.380]  instrument are not one and the same? Yes, that is. Okay, okay, so we can pretty much determine that
[05:50.380 --> 05:55.740]  the note or the debt, the debt on the note has been discharged, so they're not coming in with the
[05:55.740 --> 05:59.980]  note, they're coming in with the security instrument claiming the right to enforce the
[05:59.980 --> 06:08.940]  security instrument, is that correct? Well, Bank of America, Barnett, Daphne, and that
[06:10.220 --> 06:14.940]  other firm, where it is, yeah, and then there's another firm that's in Pennsylvania,
[06:15.500 --> 06:22.540]  they sent me copies of the Promise story note. So, it's been discharged,
[06:23.660 --> 06:29.100]  why are they bringing the note? It's been discharged. Okay, they're full closed on me,
[06:29.100 --> 06:35.580]  they want me out of this house. Have they, have you sent them a copy of, have you sent the guys
[06:35.580 --> 06:40.460]  and out-of-state attorneys, have you sent them a copy of your bankruptcy discharge?
[06:42.380 --> 06:47.020]  Yes, and the reopening, they went ahead and full closed anyway.
[06:47.020 --> 06:58.140]  Did you petition the bankruptcy court for sanctions against them and a mandamus?
[06:59.500 --> 07:04.220]  Did you hear his question, John? The petition court for mandamus?
[07:05.340 --> 07:12.700]  Yeah, you petitioned the bankruptcy court. When I, when Steve first brought 11 USC
[07:12.700 --> 07:26.220]  50, 524 to my attention, I was ecstatic. And it specifically forbids Barrett Daphne
[07:26.220 --> 07:35.980]  frappin' and kiss my behind from pursuing full closure. So, we have the Barrett Daphne working
[07:35.980 --> 07:44.460]  in the state and we have the bankruptcy in the Fed. Well, when I found this, I did some research
[07:44.460 --> 07:57.340]  and I pulled down a PDF and it was talking about how 11 USC 524 preempted state law,
[07:57.340 --> 08:07.420]  that it was a clear and egregious preemption of state law. But the feds didn't care. The feds said,
[08:07.420 --> 08:17.500]  when we discharge a, a obligation, you cannot pursue collection period. We don't care what your
[08:17.500 --> 08:26.860]  state law says. So, you know, we talk about on the show, everything's political. You got a federal
[08:26.860 --> 08:38.220]  judge here and his law says Barrett Daphne frappin', you cannot foreclose after I have discharged
[08:38.860 --> 08:46.540]  this note. But you foreclosed anyway. You go back to that federal judge and say, apparently,
[08:46.540 --> 08:54.860]  these guys are not impressed by you. They don't care what your law says. They foreclosed anyway,
[08:54.860 --> 09:05.900]  even after you discharged the note and you asked that judge to issue a mandamus that would
[09:07.020 --> 09:13.500]  prevent anyone stating a claim against this property based on that foreclosure
[09:14.860 --> 09:21.660]  from pursuing collections in accordance with 11 USC 524 and in issue sanctions against
[09:21.660 --> 09:27.580]  Barrett Daphne frappin' because they don't seem to think you as a federal judge are very important.
[09:29.740 --> 09:38.940]  What about the, the folgeries where a guy stands? Okay, that's okay. John, keep something in mind
[09:38.940 --> 09:48.460]  here. Keep something in mind here. Acceptance by performance. Acquiescence. Think about this.
[09:48.460 --> 09:53.660]  They're saying, Hey, we've got this note. You're saying, Hey, I've got this bankruptcy discharge.
[09:54.460 --> 10:00.060]  If you get into arguments about the endorsement and all the things that are wrong with the note,
[10:00.060 --> 10:06.940]  why are you arguing that? That's in my mind, that's a fatal argument. You're, you're breathing
[10:06.940 --> 10:11.900]  life back into this note by doing so. Why would you want to do that?
[10:11.900 --> 10:22.140]  Yeah, that's right. It's kind of emotional. Okay, John, in doing this, in spending the time we have,
[10:23.020 --> 10:32.140]  we have spent researching these issues, the hardest things for us to do is to get outside
[10:32.140 --> 10:39.660]  ourselves to back up and look at the overall picture. And, you know, this is something I talk
[10:39.660 --> 10:48.620]  about a lot, that we have to be real careful about getting caught up in the fight. You know,
[10:48.620 --> 10:55.740]  I'm a combat veteran. And combat is different because you can die. So when you do combat,
[10:55.740 --> 11:05.420]  you have to do a different set of considerations. Never ever get into a fight unless you have to.
[11:05.420 --> 11:15.740]  Don't get into a fight just because you can. And never ever retaliate against someone because they
[11:15.740 --> 11:24.700]  hurt you. Because they'll use that against you. They'll come out and kill all the children in
[11:24.700 --> 11:31.020]  the village to get you to go out to get enraged and go after them and walk into a trap.
[11:31.020 --> 11:40.860]  And that's exactly what this is. They're tapping and trapping. They're trying to get you to argue
[11:40.860 --> 11:53.580]  issues that are at this point irrelevant. And the note is irrelevant. It is history. It don't exist
[11:53.580 --> 12:02.700]  anymore. And if you talk about the note, you give it new life. There's one other point.
[12:03.820 --> 12:13.340]  I told you that that asset back trust was 11,140. There's four people that's in it right now
[12:13.340 --> 12:21.820]  for 11,000. So that's void. Okay. Objection irrelevant.
[12:23.980 --> 12:31.020]  Well, if that's void, that means that the other stuff is void too. No, no, we've got other stuff.
[12:31.020 --> 12:44.540]  The remake is void. Okay. Objection relevance. So what? One of the things that I struggle with
[12:45.260 --> 12:50.940]  is every time I want to make an argument, I assume that the judge is going to say so what?
[12:52.620 --> 12:58.460]  Yeah. And how do you get around so what? And okay, let me let me frame so what
[12:58.460 --> 13:11.740]  any claim you make, you must make in terms of harm. How when I say so what what that means is
[13:12.620 --> 13:19.500]  how are you harmed in a way that gives you standing to make a claim?
[13:19.500 --> 13:31.420]  Okay. Remake is void. So what? Well, the remake is void. That means the deed of trust is void
[13:31.420 --> 13:39.020]  and also the house. Oh, how does that mean the deed of trust is void? Because it says
[13:39.020 --> 13:45.580]  that in the pulling and service agreement because okay, wait, wait, wait, hold on. You're not a
[13:45.580 --> 13:52.060]  part of this to pull in the service agreement. That wouldn't matter. Objection irrelevant.
[13:52.060 --> 13:59.340]  You're not getting it. You're still trying to fight this. Barrett Daphne have got you so busy
[13:59.900 --> 14:07.900]  beating this dead horse. You're not focusing on the real issue. The real issue is you've got
[14:07.900 --> 14:14.620]  a federal judge that says this is discharged. The effect of discharge is that they cannot
[14:14.620 --> 14:22.620]  collect on it. They're bringing you a ghost piece of paper called note. So why? Let me give you a
[14:22.620 --> 14:32.060]  kind of illustration of this problem. I had a friend who did IRS issues and someone she was
[14:32.060 --> 14:37.820]  working with referred her to a neighbor and the neighbor had some IRS liens they were trying to
[14:37.820 --> 14:44.460]  get rid of. So she went over and talked to them. They gave her the liens and she asked what they
[14:44.460 --> 14:49.340]  wanted. They wanted to get rid of the liens. Well, she looked at the liens and they had expired a
[14:49.340 --> 14:57.420]  year ago. So she said, okay, she ripped them up, threw them in the trash and said, okay,
[14:57.420 --> 15:03.500]  they're gone. What do you want to do now? And they were kind of taken aback and she told them
[15:03.500 --> 15:10.140]  the liens expired a year ago and the IRS didn't renew them. So what did these people do?
[15:11.260 --> 15:19.180]  They sent a scathing letter to the IRS. And what the IRS did, they reinstated the liens.
[15:20.060 --> 15:30.540]  You see, what they did was they got caught up in the fight and they found what they believed
[15:30.540 --> 15:38.700]  were really strong arguments they could use in the fight. And they lost track of what their
[15:38.700 --> 15:46.300]  intended ultimate outcome was. You know, I'm a combat veteran. And once I've won the war,
[15:47.500 --> 15:55.500]  I'm going to stop fighting. And you have had the no discharge. It looks like you won the war.
[15:55.500 --> 16:05.980]  And you're obviously very knowledgeable. You spend a lot of time researching all this stuff.
[16:06.780 --> 16:16.380]  Do not let your level of sophistication trap you. I know about this problem because I've
[16:16.380 --> 16:24.860]  done it to myself. I'm so smart. I know so much. I got convicted and sentenced to a year in jail.
[16:27.020 --> 16:34.780]  Because I thought I knew so much and I forgot to keep in mind what my end result was,
[16:35.340 --> 16:40.700]  what my ultimate outcome was. I don't mean to be difficult to you, but
[16:40.700 --> 16:51.980]  all of this talk at this second thought, let me back. Let me back up. John, John, we're fixing
[16:51.980 --> 16:56.220]  to go to break folks. Stay tuned. You're listening to rule law. We'll be right back.
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[19:52.540 --> 20:00.940]  Welcome back to Rule of Law Radio, folks. 512-646-1984, and you can stop the chumps, too.
[20:02.620 --> 20:10.940]  Robert in Texas, question. When you called tonight, were you seeking
[20:12.300 --> 20:16.460]  knowledge, or was your intent more to impart knowledge?
[20:16.460 --> 20:24.060]  Are you talking to me? Yes, sir. I'm not Robert.
[20:24.060 --> 20:30.860]  Yeah. Oh, no, the break. Steve and I kind of kicked this around, and I was concerned that I
[20:31.660 --> 20:43.100]  had a misconception. You are obviously very knowledgeable, and I don't want to be pedantic.
[20:43.100 --> 20:51.340]  I don't want to assume facts not in evidence. You seem to know what you're doing.
[20:54.940 --> 21:01.580]  Did you come to us to seek knowledge from us about how to proceed, or do you already know
[21:01.580 --> 21:12.380]  how to proceed? You're trying to give us the information so that we can better help other
[21:12.380 --> 21:19.340]  people, because you have given, at least to me, some good information, and I do appreciate that.
[21:19.980 --> 21:23.100]  I just want to make sure I'm not patronizing you.
[21:24.380 --> 21:31.020]  No, I've taken up a lot of your time. What I want to do is, on this hearing,
[21:31.020 --> 21:36.060]  hopefully the judge will find it, but I guess the easy way to do it is just to hold
[21:36.060 --> 21:42.860]  him in contempt. It's real simple. He's released and go in there afterwards. He finds it, but I
[21:42.860 --> 21:50.140]  want him to pay attention. Okay. That's what I wanted to go to. If you're looking to get this all
[21:50.140 --> 21:58.780]  done, and this is probably the hardest thing to do, and I try to find other people, I can throw
[21:58.780 --> 22:07.340]  away what I'm going to do at, because very often when I get buried inside a situation, and I throw
[22:07.340 --> 22:13.980]  it at somebody else, Steve will look at me and say, what in the heck are you doing, brain dead?
[22:16.140 --> 22:23.340]  I miss the obvious. In talking, I want to make sure I wasn't patronizing you,
[22:23.340 --> 22:29.900]  but it sounded like you were missing the obvious. You get caught up in the fight, and it becomes
[22:29.900 --> 22:36.140]  about the fight and not about your ultimate outcome. I just wanted to make sure of where we
[22:36.140 --> 22:42.460]  were. Does that make sense? Yes. I'm trying to get off the phone and let somebody else talk,
[22:42.460 --> 22:45.900]  and I appreciate y'all talking to me and giving me information.
[22:45.900 --> 22:56.700]  Well, more than that, I appreciate the information we're getting. You've done a
[22:56.700 --> 23:02.940]  lot of research, and we need a lot of people who've done research to throw stuff at us,
[23:03.740 --> 23:12.300]  because we talk about stumping the chomps. I really like it when I get stumped on the air.
[23:12.300 --> 23:18.460]  I'm going to let you go, but there's one other thing I want to say.
[23:19.820 --> 23:27.180]  When the promissory note was stamped, it was stamped, Countrywide Home Loans Inc,
[23:28.460 --> 23:36.220]  comma, a New York corporation doing business in America's Hostel Lender,
[23:36.220 --> 23:45.100]  okay? When they added those four words, a New York corporation, that's not what's on the Texas
[23:45.100 --> 23:53.100]  DBA. They added that when they stamped it on the promissory note. Wait, wait a minute. Is
[23:53.100 --> 24:00.300]  Countrywide Home Loans Inc incorporated in New York, or are they incorporated in Texas?
[24:00.300 --> 24:06.540]  They're incorporated in, go ahead.
[24:07.580 --> 24:12.460]  Countrywide Home Loans Inc is incorporated in New York.
[24:13.740 --> 24:14.380]  Used to be.
[24:16.300 --> 24:24.140]  Okay, well, at the time, they were, okay, so that portion was correct.
[24:24.140 --> 24:35.020]  No. They added these four words on there, and that's not what the DBA in Texas says.
[24:35.020 --> 24:40.940]  In other words, they added those four words, a New York corporation, only on the stamp,
[24:41.820 --> 24:43.580]  when it was endorsed in blank.
[24:43.580 --> 24:56.220]  Well, is Countrywide Home Loans Inc a New York corporation?
[24:57.260 --> 24:57.500]  Yes.
[24:58.780 --> 25:05.900]  So, that portion of the stamp was not deceptive or incorrect.
[25:07.020 --> 25:13.020]  Okay, now, probably to back up, my paperwork says America's Hostel Lender,
[25:13.020 --> 25:15.900]  a New York corporation that never existed ever.
[25:15.900 --> 25:19.580]  Okay, now, that part, and we have a Florida case.
[25:19.580 --> 25:21.580]  And they added America's Hostel Lenders.
[25:22.940 --> 25:29.500]  Okay, we have a Florida case dead on point, where American Hostel Lenders claimed to be a
[25:29.500 --> 25:35.580]  New York corporation, and Florida ruled that it was not a New York corporation, and that the
[25:35.580 --> 25:44.540]  lender, the borrower, had a right to recoup all funds paid to American Hostel Lenders.
[25:45.340 --> 25:46.540]  They got all their money back.
[25:47.740 --> 25:48.940]  Yes, Mrs. Natch.
[25:49.740 --> 25:53.340]  Okay, I appreciate it. I'm going to let somebody else talk.
[25:54.220 --> 25:59.980]  Okay, and I apologize if we've been pedantic or if we've been difficult.
[25:59.980 --> 26:06.540]  I apologize. There's a lot more to this that I've researched and found.
[26:09.100 --> 26:11.900]  Again, and we do want to get the research.
[26:11.900 --> 26:22.700]  And my concern was that when we do a lot of research, we find a lot of stuff we'd like to
[26:22.700 --> 26:33.020]  address. And we forget to back up and say, okay, what is my intended ultimate outcome?
[26:34.060 --> 26:40.860]  And if I pursue this, will it lead me toward my intended ultimate outcome?
[26:41.500 --> 26:44.220]  Or is there a more efficient way I can get there?
[26:44.220 --> 26:52.620]  And that's why I was concerned that if we go down this road, we might lead you into a fight.
[26:52.620 --> 26:58.460]  That's not necessary because you could run back to the federal judge and get the federal judge
[26:58.460 --> 27:02.540]  peed at these guys and get him to kick them in the behind and make all this go away.
[27:04.220 --> 27:11.100]  That's what I do. I would not argue the note at all because it's dead. It's gone. It's been
[27:11.100 --> 27:20.220]  discharged. I would not argue the remix because that implies that there's the existence of a note
[27:20.220 --> 27:29.420]  when there is not. Something that I found through courts, I watched successful attorneys hone in
[27:29.420 --> 27:38.620]  on one issue alone and beat that thing to death. Your issue is that there's no debt. There's no
[27:38.620 --> 27:49.820]  note. It's gone. That's right. Okay. Okay. Thank you, John. I was focused on that one issue and
[27:49.820 --> 27:58.540]  stay there. John, John, do not be a stranger. We do like, you know, this is the kind of stuff I like
[27:58.540 --> 28:05.260]  the most. It's the most difficult for me, the most stressful. And it's because it's the most
[28:05.260 --> 28:14.620]  complex and the most important. This is how we sort out the details. If we understand the information
[28:14.620 --> 28:22.380]  you're bringing to us, most of the stuff we have to deal with will be a piece of cake. So don't be
[28:22.380 --> 28:30.940]  a stranger. Absolutely keep us up to date on what occurs. Yes. You've got to hear him come up. Let's
[28:30.940 --> 28:37.260]  call in, let us know where it went. Okay. John, have a good weekend. Yeah. And if we screw up,
[28:37.260 --> 28:45.980]  call in and stump the chumps, that's my most fun on the show. Okay. John, have a good weekend. Thank
[28:45.980 --> 28:53.580]  you, John. Thank you, John. Now let's go see what Danny in Tennessee is doing. Hello, Danny.
[28:53.580 --> 29:05.660]  Hey, how y'all doing? I'm ugly. I would be remiss if I disagreed with my coals.
[29:08.940 --> 29:13.580]  That's all right, my wife says she loves me, so it's all good. What have you got for us tonight,
[29:13.580 --> 29:21.020]  man? Well, I just got a little, we're asking for a little advice on how to proceed on something. I
[29:21.020 --> 29:28.940]  mean, I got an idea, but see if there's something else. Working on a foreclosure from my mother's house,
[29:31.100 --> 29:37.420]  which I'm in. Hey, Danny, I hate to cut you off soon, man, but we're going great.
[29:38.300 --> 29:42.860]  Okay, we'll pick you up back on the other side, folks. Yeah, Danny, you're trying to cut up.
[29:42.860 --> 29:53.740]  646-512, shut up, Randy. 512-646-1984, and you can get in behind Danny and folks.
[29:53.740 --> 29:57.260]  You're listening to Rural Law Radio. We'll be right back after this message. Stay tuned.
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[33:26.860 --> 33:53.580]  Welcome back to rule of law radio, folks. 512-646-1984. You can get in by Danny and Pete.
[33:53.580 --> 34:01.660]  And with no further ado, Danny, pick up where you left off there, brother. Your mom's being
[34:01.660 --> 34:09.580]  foreclosed on? Yeah, well, she had died because this is reverse mortgage, and so it wasn't coming
[34:09.580 --> 34:18.620]  up until... Oh, that's right. That's right. Yes, yes, yes. Okay. But, you know, I was thinking I'd
[34:18.620 --> 34:26.140]  have some right in court to bring a claim on it because that'd be part of my inheritance.
[34:27.100 --> 34:34.940]  And so I'd have some standing on that basis, but no, it's only the executor. So, you know,
[34:35.500 --> 34:41.740]  I see that and I ask for time to get that changed around. I said, okay for that. So,
[34:41.740 --> 34:48.780]  you'll get probate open and would have had probate for the amount that they're except for this
[34:49.340 --> 34:58.300]  court case for the house. And got myself appointed as executor and I go back to add the estate
[34:58.300 --> 35:08.540]  as the party to it, plaintiff party. And Judge said, all right, he would add the estate and drop
[35:08.540 --> 35:15.260]  me from it because I didn't really have anything to do with it. And then upon doing that, also said
[35:15.260 --> 35:20.460]  that the state being an entity was required to be represented by an attorney in court.
[35:21.340 --> 35:28.780]  Well, what money around in the estate to really hire an attorney effectively.
[35:28.780 --> 35:41.660]  So, my idea was like a quick claim deed and quick claim, not only for whatever interest
[35:41.660 --> 35:49.100]  the state had in the property, including the claims in court, was my idea to get standing
[35:49.100 --> 35:59.820]  that way. Well, when I went back, kind of said, well, all right, he dropped the estate and put
[35:59.820 --> 36:09.820]  me in, but they had a motion for to dismiss from the beginning for fader state of claim,
[36:09.820 --> 36:15.580]  which got passed that and lack of standing. So, the lack of standing reason I went through all
[36:15.580 --> 36:29.820]  this other. But then after some other hearings, and we had one and the judge was advising the
[36:29.820 --> 36:40.700]  attorneys to stop pursuing the motion to dismiss and go for their motion of summary judgment that
[36:40.700 --> 36:50.060]  they had been talking about. And there's never been an end or anything in this. And so, my thinking
[36:50.060 --> 36:59.500]  was since wouldn't act on the motion to dismiss that, well, I had shown standing, but he wasn't
[36:59.500 --> 37:09.580]  signing the order. And after they didn't answer after a good long period, after I thought standing
[37:09.580 --> 37:18.540]  was established, I put in a motion for default judgment. You know, they come in one lack of
[37:18.540 --> 37:24.860]  standing and everything. And judge said something about it. And that's when he said advising them
[37:24.860 --> 37:34.700]  to go for the summary judgment rather than the dismiss. And so, I was wanting something on the
[37:34.700 --> 37:46.940]  motion to dismiss. So, I went and I wrote up an order granting it and an order denying it.
[37:48.620 --> 37:53.740]  You know, turned them both in and then made a notice saying that to little men and attached
[37:53.740 --> 38:01.820]  them to the notice so I could have it in the record, filed in the record. Well, never did
[38:01.820 --> 38:10.140]  sign either one. And then they come in with the motion for summary judgment and blah, blah,
[38:10.140 --> 38:18.380]  blah, there's stuff. Anyway, basically what he stated in court last week amounted to lack of
[38:18.380 --> 38:24.780]  standing. Well, he did say lack of standing for it, saying that the Quick Claim D, because
[38:24.780 --> 38:30.940]  the foreclosure had already taken place, the Quick Claim D didn't transfer any interest or
[38:30.940 --> 38:39.820]  anything. And so, they'd be right. Yeah. And so, my thought on that basis is, well,
[38:43.340 --> 38:51.900]  can the probate court grant to me the state's claims on the property?
[38:53.740 --> 39:00.140]  Would that be a property that I could... Well, the question underlying that is
[39:00.140 --> 39:05.660]  what claims would the estate have, if she signed a reverse mortgage,
[39:07.420 --> 39:12.140]  if she signed... Let me ask you this, did she leave you the house and her will?
[39:13.500 --> 39:25.260]  Yes. Okay, that's where the problem lies. Now, okay, did she put the house to you in the will
[39:25.260 --> 39:37.420]  prior to the reverse mortgage? Yes. Okay, then if I was the judge, I'd say you don't have a dog in
[39:37.420 --> 39:41.740]  this hunt. Your mother signed away your inheritance. Take it up with your mother.
[39:44.060 --> 39:52.620]  That's if I was the judge, but... I mean, this is kind of what your face is, right?
[39:52.620 --> 40:01.020]  Well, to some extent, but my question is, is like, you know, one of my claims I put in,
[40:01.020 --> 40:05.820]  and it didn't go to that one, but that there had been no defaults,
[40:07.660 --> 40:13.980]  you know, because I would say that the proper party with the right to declare default had not
[40:13.980 --> 40:25.420]  done so. Wait a minute. You're considering a reverse mortgage under the... How do you default on
[40:25.420 --> 40:33.420]  a reverse mortgage? Yeah, this... There can't be a default on this. These are apples and oranges.
[40:33.420 --> 40:38.940]  This is not a normal mortgage. Well, maybe, but that's what they put in their letters,
[40:38.940 --> 40:47.260]  to me. Well, there's no maybe... There's no maybe about it. How do you... You can't default on a
[40:47.260 --> 40:52.780]  reverse mortgage. You don't want to re... How a reverse mortgage works, right?
[40:55.260 --> 41:02.220]  Well, I know how this one worked. Okay. Well, generally, a reverse mortgage is somebody who
[41:02.220 --> 41:09.820]  who has real property and needs some money and goes to a bank and says, hey, if you'll give me some
[41:09.820 --> 41:17.180]  money and promise that I don't have to pay it back, you can have my house when I die. She basically
[41:17.180 --> 41:23.020]  wrote you out of the will and made them the beneficiary to the house and their will through
[41:23.020 --> 41:29.740]  the reverse mortgage. She can't default on it. There's... She doesn't owe them a... She owes them
[41:29.740 --> 41:35.100]  one payment. That payment is due upon her death and that payment is in the form of real property.
[41:38.460 --> 41:45.420]  Okay. Who's... Who's... Is it actually owed to? That's part of the question. It's owed to...
[41:45.420 --> 41:49.260]  It's owed to whoever she signed the... The... Signed the documents with.
[41:50.380 --> 41:54.460]  Well... See, that's the thing you're... That's the thing you're saying about a reverse mortgage.
[41:54.460 --> 42:02.540]  Well, they transferred their interest later on to another party. That's the one I was
[42:02.540 --> 42:09.020]  dealing with this time. It wouldn't matter. It doesn't matter. Then... Okay. Then you... All right.
[42:09.020 --> 42:13.820]  Well, if they're... Well, if their interest at the time was zero, just like a quick claim...
[42:13.820 --> 42:20.540]  Well, it wouldn't matter. Whatever... Okay. Okay. Follow... Follow this. You got bank...
[42:20.540 --> 42:28.540]  A. We're having an interest to transfer. Follow me here. You got bank A, bank B, and a house.
[42:29.420 --> 42:34.140]  Somebody lives in the house. They go to bank A and say, Hey, give me some money. I'll give
[42:34.140 --> 42:42.940]  you my house when I die. Okay. So bank A gives your mom some... Some money. And then bank A says,
[42:42.940 --> 42:48.460]  Ah, she's taken too long. I want some money now. Hey, bank B, you want to buy this?
[42:48.460 --> 42:53.740]  Yes. Sure. I'll buy that. Okay. I'll take a little bit less than what I got out on it,
[42:53.740 --> 43:00.860]  just to cash out. You can have some of it too. Oh, okay. So now bank B gets the house.
[43:04.060 --> 43:11.660]  It wouldn't matter about any of the transfers after the mortgages is signed. That reverse
[43:11.660 --> 43:19.100]  mortgage said somebody can have my house when I die. Now, chances are she didn't realize that she
[43:19.100 --> 43:26.860]  was effectively writing you out of her will. I don't know your mom and never did, but I don't...
[43:26.860 --> 43:33.020]  I can't speak to her intent when she did this, but that is the effect of what she did.
[43:34.860 --> 43:38.300]  And I hear the music in the background. Danny, stay right there. We'll be back here
[43:38.300 --> 43:46.380]  for this brief message. 512-646-1984 is the number to dial folks. Nobody on the line behind
[43:46.380 --> 43:53.500]  Danny, so this will be a good time to get in. And we'll be back in... Well, we'll be back,
[43:53.500 --> 43:56.700]  I promise. Stay tuned. You're listening to the rule of law video.
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[46:23.020 --> 46:33.420]  Yeah, always I must be careful what I'm wishing for. When I'm hungry, I like to know just what
[46:33.420 --> 46:43.180]  I'm fishing for. I ain't asking for much, I ain't trying to be no glutton. I'm just here making my
[46:43.180 --> 46:54.380]  living pushing buttons. I get my message out when you want a shot in distance. I hope for bravery
[46:54.380 --> 47:01.100]  and against slavery showing resistance. First I'm crawling, then I'm walking.
[47:01.100 --> 47:07.740]  Welcome back to rule of law radio folks. We were talking with Danny and Tennessee when we went to
[47:07.740 --> 47:19.260]  break. You put up a really good fight with these guys and held them up for a long time. Randy and
[47:19.260 --> 47:23.100]  I were kind of talking about your situation over the break and it seems that the judges haven't
[47:23.820 --> 47:28.140]  just set you aside or brushed you off or dismissed your issues. Sounds like they were
[47:28.140 --> 47:35.980]  really giving you a fair shake. You don't have a complete picture yet. You come out
[47:35.980 --> 47:45.100]  and bank A transferred to bank B. Well, before bank B come into it, there was entity C that got
[47:45.100 --> 47:57.100]  something because there's a stamp that they provided in there on the data trust, the copy
[47:57.100 --> 48:05.580]  that they provided in the motion for summary judgment showing that there was something between
[48:05.580 --> 48:15.820]  the original one and Ginny May. Something. What was left to transfer and what rights were left
[48:16.380 --> 48:23.100]  that it was able to transfer. It transferred whatever it had, but what is that? Also,
[48:23.740 --> 48:29.020]  it's not a negotiable note. The note's not a negotiable instrument because it has other
[48:29.020 --> 48:35.500]  things in it that show that it's not. Go read up requirements for a negotiable instrument.
[48:36.460 --> 48:42.060]  Part of that being that both the note and the data trust refer to the loan agreement and
[48:43.020 --> 48:48.060]  the covenants and things there and they did not bring forward the loan agreement.
[48:49.420 --> 48:55.260]  So it's like maybe they're not a party to it or something. Wait a minute. Now you've confused
[48:55.260 --> 49:06.540]  me. You mentioned the note, the data trust, and the loan agreement. The loan agreement
[49:06.540 --> 49:11.900]  confuses me, but I would think that the note was the loan agreement.
[49:14.380 --> 49:18.620]  Well, what is the loan agreement in this circumstance?
[49:18.620 --> 49:23.820]  Well, it's something else that they haven't brought forward.
[49:25.820 --> 49:27.900]  Do you have a copy of this loan agreement?
[49:31.420 --> 49:35.900]  Do you have a copy of the loan agreement that I know?
[49:37.100 --> 49:44.780]  My concern is that in a normal mortgage, there's a note and there's a security instrument.
[49:44.780 --> 49:54.700]  The note is, in fact, a loan agreement, but you're inquiring that in a reverse mortgage,
[49:54.700 --> 50:00.940]  there's a note, a note, a data trust, and a loan agreement.
[50:02.940 --> 50:08.620]  Well, it usually is a separate document. I've seen a document titled loan agreement in
[50:08.620 --> 50:15.100]  just your standard mortgage too. It's a separate instrument.
[50:16.780 --> 50:26.300]  Okay. That's new to me. I haven't seen that. And how does it affect the note and the security
[50:26.300 --> 50:34.620]  instrument? Well, it has requirements in the note that basically you know, you live up to the
[50:34.620 --> 50:40.220]  agreements and the loan agreement. That's one of the things that keeps it from being a
[50:40.220 --> 50:44.460]  negotiable instrument that there's other conditions. Hold on. You answered a different
[50:44.460 --> 50:51.020]  question than I asked. I'm just going back to this loan agreement as opposed to a note.
[50:51.020 --> 50:53.580]  Think up a little bit, Randy. Yes.
[50:55.740 --> 50:58.700]  Yeah. Get a little closer to your mic. Okay. I'm sorry. I'm sorry.
[50:58.700 --> 51:06.620]  Okay. This loan agreement as opposed to the note, maybe what we're talking about here is
[51:06.620 --> 51:14.300]  a reverse mortgage. And when we were on the break, Steve and I were talking about
[51:15.420 --> 51:26.540]  how what it appears in a reverse mortgage, your mother sold the property to the claimant.
[51:26.540 --> 51:37.340]  And the claimant paid your mother a mortgage premium every month with the agreement that
[51:37.340 --> 51:43.820]  she could occupy the property as long as she lived. And when she passed away,
[51:44.620 --> 51:51.180]  then they could take possession of the property. That's my understanding of how a reverse mortgage
[51:51.180 --> 52:01.900]  works. Is that accurate, Danny? Well, in general sense, it is. But in this particular case,
[52:01.900 --> 52:05.980]  it didn't make monthly payments. She got one lump sum at the beginning.
[52:06.940 --> 52:12.060]  The lump sum, yeah. Leading interest. And there's interest that accumulates.
[52:12.060 --> 52:20.060]  There's no payments to come to you, but there's interest that continues to accumulate.
[52:21.660 --> 52:30.540]  Now, that's interesting. Yeah, that's first standard. So they gave her an interest-free loan
[52:30.540 --> 52:41.980]  that was interest-free so long as she lived, or that the interest payments were deferred?
[52:41.980 --> 52:51.660]  No, no, no, no. Explain it, Danny. There's no payments due until, you know, leaves the house,
[52:51.660 --> 52:59.580]  you know, dies or leaves the house permanently. But interest is still calculated to accumulate.
[52:59.580 --> 53:06.940]  Okay. So there is interest, but interest payments are deferred until she passes away.
[53:07.500 --> 53:14.460]  So the interest accumulates all this time. And once she dies, the interest amounts to a claim
[53:14.460 --> 53:23.340]  against the property added to the amount of the original principal. Yes. Okay. That's kind of
[53:23.340 --> 53:31.580]  similar in Texas. Once you read 65, you can defer all of your tax payments. You don't have to pay
[53:31.580 --> 53:42.300]  taxes on your property taxes anymore. But the taxes accumulate. So whoever inherits the property,
[53:42.300 --> 53:48.700]  when you pass, they will have to pay all of these taxes in order to secure the property.
[53:48.700 --> 53:57.660]  So it's kind of similar to that. They gave your mother a loan and charged the interest on the loan
[53:58.700 --> 54:05.820]  and that interest accrued, but she didn't have to pay. So now when you come to the point of
[54:05.820 --> 54:14.300]  inheriting the property, now you owe all of this interest and the principal. Is that essentially
[54:14.300 --> 54:21.740]  correct? Yeah. But the question I have is, to whom is it owed?
[54:25.820 --> 54:30.220]  Okay. The question I have is, who are you to ask?
[54:33.100 --> 54:39.580]  You weren't a part of this transaction. Well, no, but I'm an heir to the property.
[54:39.580 --> 54:46.540]  Not anymore. No, no, that changes it. They didn't buy the property.
[54:48.540 --> 54:55.100]  They gave his mother a loan against the property that she didn't have to pay back.
[54:57.340 --> 55:02.380]  So they didn't, she didn't transfer ownership of the property to these folks.
[55:02.380 --> 55:12.060]  So when she passed, Danny did legitimately inherit the property with all of the claims against it.
[55:12.060 --> 55:18.140]  Now, okay, now it's making sense what you're doing. You're saying you really did inherit the
[55:18.140 --> 55:24.460]  property. And now there's a claim against the property and you're asking these other folks
[55:24.460 --> 55:32.620]  to prove up their claim. Is that essentially accurate, Danny? Yeah, that's basically the idea
[55:32.620 --> 55:39.820]  behind it. Yeah. Okay, that makes a lot more sense. You know, if the reverse mortgage people
[55:39.820 --> 55:44.860]  had to purchase the property and allowed her to live in it as long as she lived,
[55:46.220 --> 55:49.820]  that wouldn't be a different situation. But they didn't purchase the property. They just gave her
[55:49.820 --> 56:00.300]  a new loan. So the property is still part of the estate. That's how you get standing.
[56:02.780 --> 56:08.940]  Yeah, except, well, they got the foreclosure done before
[56:08.940 --> 56:19.740]  me doing the quick claim deed. So I think that's why I was saying that no, yeah,
[56:19.740 --> 56:27.020]  claim deed, but also deed over the claims. Hold on. Who gave the quick claim deed?
[56:27.020 --> 56:36.300]  The executor of the state and my brother, another error.
[56:38.220 --> 56:45.820]  Were you the executor of the state? Yes. And who did the quick claim go to?
[56:45.820 --> 56:55.980]  To me. That's an issue. The courts are going to say that's an alter ego.
[56:57.180 --> 57:03.660]  I mean, that complicates the transfer. But okay, that's a separate issue.
[57:03.660 --> 57:08.780]  Perhaps they could, but it was never said anything like that. They said that
[57:08.780 --> 57:17.580]  the quick claim deed came after the... Okay, you're saying they didn't challenge the quick claim?
[57:20.300 --> 57:24.780]  Well, they challenged that there was any interest, that this state had any
[57:24.780 --> 57:26.620]  interest in transfer at the time.
[57:26.620 --> 57:36.060]  Okay. Because they'd already closed and a trustee's deed recorded.
[57:39.980 --> 57:43.100]  So they're claiming that the foreclosure pulled it out of the estate?
[57:46.700 --> 57:50.140]  I would think so, yeah, but I would. Interest is really not the issue.
[57:50.140 --> 57:55.740]  Claim is the issue. You may not... Yeah.
[57:55.740 --> 57:59.500]  On paper, you may not technically have an interest in the property,
[57:59.500 --> 58:05.980]  but you may have a separate claim against the parties taking possession of the property.
[58:08.140 --> 58:14.700]  Yeah. Okay. To say that you don't have an interest in the property, therefore you are
[58:14.700 --> 58:21.580]  extending that not necessarily... Yeah, beginning to understand your position a lot better now.
[58:23.740 --> 58:28.380]  Folks, we're fixing to go to the top there. We're fixing to go to the top there or break.
[58:28.940 --> 58:34.620]  Danny, stay there and we'll pick you up on the other side. Folks, pay attention to the news.
[58:34.620 --> 58:38.860]  This is pretty... I like listening to this news when I'm on the way home.
[58:38.860 --> 58:47.260]  512-646-1984. Get you in line behind Danny. There's nobody standing there, so call in now.
[58:47.260 --> 58:54.060]  We'll be right back. Stay tuned. Would you like to make more definite progress in your walk with God?
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[59:49.100 --> 59:58.700]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[01:00:02.940 --> 01:00:08.060]  This is The Liberty Beat, your daily source for Liberty News and activist updates online at
[01:00:08.060 --> 01:00:14.380]  TheLibertyBeat.com. I'm Brian Hagan with your Liberty Beat for Friday, December 12, 2014. Gold
[01:00:14.380 --> 01:00:22.300]  open today at $1,222 down $4. Silver open at $17.5 down $0.03 and Bitcoin is trading around $353.
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[01:00:40.380 --> 01:00:47.980]  800-620-5520 and mention Liberty Beat to receive a 10% off listener discount on your next purchase.
[01:00:47.980 --> 01:00:51.740]  In the news, after years of ignoring the sovereignty of Indigenous Americans,
[01:00:51.740 --> 01:00:55.980]  the federal government has now stated they will give tribes permission to grow and sell
[01:00:55.980 --> 01:01:00.220]  cannabis on their land. The Department of Justice announced the move Thursday,
[01:01:00.220 --> 01:01:03.740]  stating that the new rule would be implemented on a case-by-case basis.
[01:01:03.740 --> 01:01:10.940]  A new report from the World Wide Web Foundation found that surveillance of the Internet and
[01:01:10.940 --> 01:01:15.980]  censorship are both increasing. Tim Berners-Ley, the inventor of the World Wide Web,
[01:01:15.980 --> 01:01:20.140]  is head of the foundation. He is called for the Internet to be made a basic human right.
[01:01:20.140 --> 01:01:25.180]  The research showed that 83% of the 86 countries listed in the index had privacy safeguards that
[01:01:25.180 --> 01:01:29.580]  were weak to non-existent. They also found that Web and social media had a large effect on
[01:01:29.580 --> 01:01:34.620]  citizen action and only a quarter of nations have clear rules against political discrimination in
[01:01:34.620 --> 01:01:38.860]  Internet traffic management and only a quarter of nations have clear rules against political
[01:01:38.860 --> 01:01:46.540]  discrimination in Internet traffic management. Several advocacy groups from around the globe
[01:01:46.540 --> 01:01:50.780]  have joined together to demand the release of the tax of the controversial Trans-Pacific
[01:01:50.780 --> 01:01:55.340]  Partnership. Today, a representative with Open Media International will present a letter from
[01:01:55.340 --> 01:02:01.660]  the coalition to TPP delegates at the TPP negotiations in Washington, D.C. The letter calls
[01:02:01.660 --> 01:02:05.900]  for open debate and transparency for the trade deal, which critics say will threaten national
[01:02:05.900 --> 01:02:10.700]  sovereignty and increase restrictive intellectual property laws. Previous versions of the secret
[01:02:10.700 --> 01:02:16.060]  text have been leaked by WikiLeaks. The coalition includes the Electronic Frontier Foundation,
[01:02:16.060 --> 01:02:20.460]  Fight for the Future, Food and Water Watch, and the Government Accountability Project.
[01:02:20.460 --> 01:02:24.780]  This broadcast of the Liberty Beat is made possible by Central Texas Gun Works.
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[01:02:54.780 --> 01:03:22.540]  December 12, 2014. Check out the website at thelibertybeat.com.
[01:03:54.940 --> 01:03:57.980]  Okay, we are back. Brandy Kelton says he's getting more
[01:03:57.980 --> 01:04:05.260]  rude of low radio, and we're talking to Danny in Tennessee. And I have to admit, Danny,
[01:04:05.260 --> 01:04:17.180]  this has been one of the better sessions. The hardest thing to do in dealing with a legal issue
[01:04:17.180 --> 01:04:29.500]  is isolating the issues that are salient. Now, most people who are not legal professionals,
[01:04:30.300 --> 01:04:34.140]  they know what happened. They know what they like. They know what they don't like.
[01:04:34.140 --> 01:04:41.420]  They tend not to know what the actual issues are. And that's really what we need lawyers for,
[01:04:41.420 --> 01:04:52.140]  to isolate the issues. And this discussion with Danny, for me, has been an interesting intellectual
[01:04:52.140 --> 01:05:00.300]  exercise. Because on the surface, it looks like a reverse mortgage, this company comes in and
[01:05:00.300 --> 01:05:07.500]  they give you a whole bunch of money for your properties. And they say, we're going to buy
[01:05:07.500 --> 01:05:15.340]  your property, but you can stay in it as long as you live. And if you have a mortgage, we'll pay it.
[01:05:15.340 --> 01:05:22.460]  If we don't have a mortgage, then I have a friend who has a reverse mortgage,
[01:05:22.460 --> 01:05:25.500]  but they didn't give them a lump sum, but they pay them so much every month.
[01:05:26.620 --> 01:05:33.500]  And it's like you're buying the property. But in talking to Danny, technically,
[01:05:33.500 --> 01:05:43.420]  that's not actually what happened. They came in and gave the mother a loan against the property
[01:05:44.140 --> 01:05:52.700]  that she did not have to pay back. But the interest on the loan accumulated over the whole time.
[01:05:52.700 --> 01:06:03.260]  So getting the, you know, initially it looked like Danny wouldn't have any standing because
[01:06:03.260 --> 01:06:09.020]  she sold property to these people. But once we dig into it a little deeper, no, she didn't sell
[01:06:09.020 --> 01:06:13.100]  the property to them. And you know, Steve was saying, well, she sold you an inheritance.
[01:06:13.740 --> 01:06:20.940]  And that was the impression, the first impression. And one thing about first impressions is they're
[01:06:20.940 --> 01:06:27.980]  almost always wrong. So as we dug deeper, it was clear that she did not sell the property.
[01:06:27.980 --> 01:06:33.180]  She did not sell Danny's inheritance. She just took a loan against the property.
[01:06:35.020 --> 01:06:47.900]  And alone with a balloon payment, the balloon payment due on her death, not a specific date. So
[01:06:47.900 --> 01:06:59.340]  that makes it not so unusual, a type of a transaction. So she passes away. And since the
[01:06:59.340 --> 01:07:05.180]  property hasn't been sold, but merely there has been a loan against it, now the property can go
[01:07:05.180 --> 01:07:14.460]  into probate. And if Danny is the beneficiary, now warranty deed to the property should transfer
[01:07:14.460 --> 01:07:25.740]  to him. And that he's there adjudicating the claims against the property. Is that essentially
[01:07:25.740 --> 01:07:34.780]  accurate, Danny? Yes, that's the idea of what I was trying to do. But my question right now is
[01:07:34.780 --> 01:07:44.780]  about the claims that the estate may have had. Is that an inheritable property that can be obtained?
[01:07:44.780 --> 01:07:53.180]  Or does it have to all be settled by the executor before the probate closes out and the state
[01:07:54.620 --> 01:08:03.660]  is all settled? Okay. Because one of the things was that the executor was the only one who could
[01:08:03.660 --> 01:08:14.220]  bring the claims for the estate. But then the judge here is saying that requiring an attorney,
[01:08:14.220 --> 01:08:22.620]  you know, the state's and an entity requiring an attorney represented in court. Because he's
[01:08:22.620 --> 01:08:31.660]  saying that the estate is a legal fiction, just not a human being. The human being dies.
[01:08:31.660 --> 01:08:43.020]  So the estate itself is a inanimate, it's an in rim. It's not an inanimate object,
[01:08:43.020 --> 01:08:49.420]  it's not a living, breathing human being who can stand up and argue in favor of its rights.
[01:08:49.420 --> 01:09:02.060]  So is he saying that the property did not transfer to you, who is a living, breathing human being,
[01:09:02.060 --> 01:09:13.340]  but went into some probate limbo, some legal fiction that is not a living human being and that
[01:09:13.340 --> 01:09:19.500]  legal fiction would have to be represented by counsel? Is that essentially what is going on?
[01:09:23.900 --> 01:09:25.020]  What sounds like to me?
[01:09:27.900 --> 01:09:35.740]  Danny, you there? I don't see Danny. I think we just lost Danny. He's not on the board.
[01:09:35.740 --> 01:09:47.820]  He may come back shortly, but this is the kind of things I find the most interesting because
[01:09:49.020 --> 01:09:58.780]  we have all of these suppositions, presuppositions and unstated presuppositions that we operate from.
[01:09:58.780 --> 01:10:09.660]  And the hardest thing for us to do is get outside the box that is constrained by our suppositions
[01:10:11.500 --> 01:10:18.860]  and look at things as they really are. And this discussion with Danny has been good for
[01:10:18.860 --> 01:10:31.980]  that purpose because when he first told us what was going on, Steve and I both stepped into suppositions.
[01:10:33.660 --> 01:10:42.380]  We just developed this idea of what we thought was going on. And it is within human nature
[01:10:42.380 --> 01:10:54.620]  that when we come to a conclusion, then we look out at the facts and try to find the facts that
[01:10:54.620 --> 01:11:06.060]  will support our conclusion. Probably the most difficult thing for a human to do is to discipline
[01:11:06.060 --> 01:11:19.100]  themselves to accept the facts as they come and use the facts to develop a supposition
[01:11:20.780 --> 01:11:29.020]  and not use the facts to support a presupposition that we've already decided on.
[01:11:29.020 --> 01:11:40.300]  Does that make sense, Steve? Yeah. The hardest thing is that we try to look
[01:11:40.300 --> 01:11:49.260]  past what we think and say, what is really there? What is a different way we could look at this
[01:11:49.260 --> 01:12:01.580]  whole thing? With Danny, it's taken a bit, but I think we've kind of come around. When we think
[01:12:01.580 --> 01:12:12.940]  of things equitably, in equity we say the reverse mortgage company gave his mother this amount of
[01:12:12.940 --> 01:12:23.180]  funds and in equity they have a right to it back. Well, maybe. But in law, they have to do it according
[01:12:23.180 --> 01:12:35.020]  to the elements of the legal structure within which they operate. So we have to step outside of equity.
[01:12:35.660 --> 01:12:41.340]  Randy, hang on. You've got some kind of weird scraping noise going on. Are you mixing concrete?
[01:12:41.340 --> 01:12:49.100]  No, I'm hearing that as well. That may be Danny. Let me mute Danny for a second. I just said beauty.
[01:12:50.380 --> 01:13:00.060]  Okay, that's on Danny's side. Okay. I know what I'm talking about may seem kind of esoteric,
[01:13:00.060 --> 01:13:05.260]  but it's really not. It's the hardest thing to do. When we go into court, if we're going to beat
[01:13:05.260 --> 01:13:15.180]  these guys, we have to think about what's going on a lot harder than they do. And if you say you
[01:13:15.180 --> 01:13:25.340]  have a disadvantage in that you're not learning counsel, but you have an advantage in that you're
[01:13:25.340 --> 01:13:35.020]  not being paid $250 an hour in doing what you do. Lawyers are being paid by the hour
[01:13:35.020 --> 01:13:40.460]  and they have to move. They have to make what they do efficient. They don't have the time to
[01:13:40.460 --> 01:13:52.620]  sit down, back up and reflect the way we do. And if we do it accurately and frame the situation
[01:13:52.620 --> 01:14:00.940]  accurately, we will do much better than the lawyer who hasn't thought about things quite so
[01:14:00.940 --> 01:14:12.060]  critically. Okay, I'm going to unmute you. Danny, we are getting some, we're still getting a lot
[01:14:12.060 --> 01:14:22.700]  of noise in the background. Danny, do you have anything radio or anything on in the background?
[01:14:22.700 --> 01:14:31.260]  It sounds like a silent. Yeah, there's about 30 police cars outside for some reason.
[01:14:31.980 --> 01:14:35.980]  They've been listening to our show and they're coming for you, Bubba.
[01:14:37.980 --> 01:14:43.500]  Yeah, well, I'm across the street from the courthouse and at the top of the courthouse,
[01:14:43.500 --> 01:14:49.500]  they got a part of the jail and I thought I heard them yelling to someone that you get your hands
[01:14:49.500 --> 01:14:55.580]  up or something. Oh, maybe they got a jailbreak. They were saying so many police cars in one place
[01:14:55.580 --> 01:14:59.820]  like this. Well, you might step out there. You might find yourself in a gunfight.
[01:15:02.460 --> 01:15:06.780]  Yeah, I think about that. I'd rather watch from up here and kind of out of the plane that they're
[01:15:06.780 --> 01:15:20.300]  operating in. Okay, well, I hope we have this sorted out right. So you are the executor of
[01:15:20.300 --> 01:15:29.420]  this state and you are the beneficiary. Does being the executor and the beneficiary put you in a
[01:15:29.420 --> 01:15:40.140]  alter ego position? Okay, stop. Let me explain that. If you set up a corporation
[01:15:41.740 --> 01:15:47.500]  and you are the benefactor of the corporation, you put all of your assets into the corporation
[01:15:48.060 --> 01:15:55.580]  and you are the CEO of the corporation and the chairman of the board of the corporation,
[01:15:55.580 --> 01:16:04.380]  the courts will say the corporation is your alter ego and they have transferred that to trusts
[01:16:04.380 --> 01:16:12.700]  where if you are the benefactor of a trust and the beneficiary of a trust and the trustee of
[01:16:12.700 --> 01:16:19.420]  the trust, they're going to say that the trust is simply your alter ego and anything the trust of
[01:16:19.420 --> 01:16:27.420]  the corporation does in these circumstances, they bring that right back to you. So as the
[01:16:28.860 --> 01:16:39.420]  trustee for the property and as the beneficiary, how do you keep them from being your alter ego?
[01:16:39.420 --> 01:16:52.860]  Okay, hang on, we're about to go to break. Randy Kelton and Steve Skidmore with our radio are
[01:16:52.860 --> 01:16:57.660]  calling number 512-646-1984. We'll be right back.
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[01:19:51.660 --> 01:20:21.260]  Welcome back to Rural Law Radio, folks. It is a Friday night.
[01:20:21.260 --> 01:20:30.060]  We've got 1120. We've got this segment and two more to get through, and that's it for the show,
[01:20:30.060 --> 01:20:34.620]  so if you'd like to call in and get in line behind Danny in Tennessee, you can do so by dialing.
[01:20:35.180 --> 01:20:45.020]  512-646-1984. Let's go back to Tennessee and see what's going on outside. Danny,
[01:20:45.020 --> 01:20:51.580]  has anybody been shot yet? We've got another focusing on our hands or what?
[01:20:51.580 --> 01:20:58.060]  I haven't heard any shots, but the courthouse across the street, and they have prisoners'
[01:20:58.060 --> 01:21:04.300]  house on the top floor. I don't know how many. They must have had a headcount go bad,
[01:21:05.740 --> 01:21:10.860]  because they're on a roof with flashlights walking around like they're trying to find
[01:21:10.860 --> 01:21:19.180]  somebody and places in the building and walk around outside the building. It's like 30 cars
[01:21:20.460 --> 01:21:27.100]  with their lights flashing out around it. Oh, Danny, just a little suggestion.
[01:21:27.900 --> 01:21:35.020]  Would you happen to have a laser pointer? Oh, no. Just a thought.
[01:21:35.020 --> 01:21:39.500]  Oh, did this man kill Danny?
[01:21:43.020 --> 01:21:49.980]  My older brother years ago, 30 years ago, got one of these laser pointers,
[01:21:49.980 --> 01:21:55.500]  and he was on the second floor of an apartment in Chicago, and he saw this cop
[01:21:56.620 --> 01:22:02.380]  parked across the street having lunch, and he had this laser pointer, and he thought he'd just
[01:22:02.380 --> 01:22:06.940]  see what it did, and he pointed at it, and he put it right on the guy's chest
[01:22:06.940 --> 01:22:12.220]  and said the cop looked down, and when he saw it, he took both hands and tried to rub it off,
[01:22:14.220 --> 01:22:20.060]  and said, within a minute, there were 60 or 70 police cars out there.
[01:22:20.060 --> 01:22:29.980]  He turned off his laser pointer. Okay, Danny, I was only kidding about the laser pointer.
[01:22:33.180 --> 01:22:39.100]  Okay, back to your issue. I'm sure you had a question for us,
[01:22:39.100 --> 01:22:42.460]  and we just kind of buried you with a lot of stuff,
[01:22:42.460 --> 01:22:50.220]  but I think we kind of have what you're doing much more focused.
[01:22:51.260 --> 01:22:59.900]  What is your issue right now? Well, my idea is that if the quick claim deed didn't
[01:23:01.740 --> 01:23:07.660]  do enough to kill me standing, because my thought was that it not only transferred
[01:23:07.660 --> 01:23:13.820]  the property, but any claims that the state would have had for the property as well.
[01:23:13.820 --> 01:23:19.900]  That was the way I was trying to get standing out of it, but apparently they don't see it that way,
[01:23:19.900 --> 01:23:30.380]  because they said that, you know, since it happened after the foreclosure that it transferred nothing.
[01:23:30.380 --> 01:23:40.060]  Oh, okay, absolutely you did. A quick claim, the very idea of a quick claim,
[01:23:41.180 --> 01:23:50.860]  is not to actually transfer the property, but to transfer any claim concerning the property.
[01:23:50.860 --> 01:24:01.820]  So your claim is, is that the foreclosure was improper. So the quick claim would give
[01:24:01.820 --> 01:24:06.060]  you standing to challenge the sufficiency of the foreclosure.
[01:24:08.780 --> 01:24:15.500]  The court is trying to say, since there was a foreclosure, the property is transferred to
[01:24:15.500 --> 01:24:23.260]  somebody else, now you have no standing to make a claim. That's like saying that I come into your
[01:24:24.300 --> 01:24:31.740]  grocery store and steal everything you've got and drag it out and take it over and put it
[01:24:31.740 --> 01:24:40.300]  into my warehouse. Now since I have it, you don't have a claim. Well, of course you have a claim.
[01:24:40.300 --> 01:24:47.500]  The claim is that you secured the property outside rule of law.
[01:24:50.860 --> 01:24:56.700]  So what is your claim against the taking of the property?
[01:24:56.700 --> 01:25:09.340]  Well, there were a number of things. Let's see what were the original ones.
[01:25:11.500 --> 01:25:21.180]  But basically they, well, my main thing right now is aside from the claim,
[01:25:21.180 --> 01:25:29.420]  but getting in position of having a standing to bring the claim. But what I brought to court
[01:25:29.420 --> 01:25:40.940]  originally was a quiet title before the foreclosure. A quiet title based on what claims?
[01:25:40.940 --> 01:25:47.420]  Yes, well, I didn't, well, I'd have to look back through it again right now to see just what it was.
[01:25:47.420 --> 01:25:53.180]  Okay, I'm asking that because of that. We're trying to figure out how you
[01:25:55.580 --> 01:25:58.620]  turn the claims into standing.
[01:26:01.180 --> 01:26:10.860]  Oh, well, I was, I did this not as the executor, but as myself, as a, an heir,
[01:26:10.860 --> 01:26:17.260]  an heir that was going to be deprived of his inheritance and that they weren't
[01:26:17.900 --> 01:26:28.380]  party to be bringing the foreclosure. That the transfer only stated they were
[01:26:28.380 --> 01:26:36.940]  transferring their interest and title and, you know, such like that in the deed of trust
[01:26:36.940 --> 01:26:41.340]  and mention about debt being transferred. Okay, hold on, hold on.
[01:26:43.420 --> 01:26:50.940]  Their claim, okay, you're using pronouns and get lost with pronouns.
[01:26:52.140 --> 01:26:59.500]  Can you restate that instead of saying they and there and he and she and him and her
[01:26:59.500 --> 01:27:11.180]  state parties. So this will make more sense. Okay, the party claiming to be owed money
[01:27:13.740 --> 01:27:19.740]  and, and threatening foreclosure because it hadn't been paid,
[01:27:19.740 --> 01:27:31.100]  that they weren't the proper party for this. That means, okay, the party that claimed that
[01:27:31.100 --> 01:27:38.300]  they had a right to be paid. You're saying that they have an established that they do have that
[01:27:38.300 --> 01:27:51.500]  right to be paid. Maybe that's not the right language. They have a right to be paid under
[01:27:51.500 --> 01:28:07.500]  a note or a security instrument. Yeah. Is this party named as the party with a right to be paid
[01:28:07.500 --> 01:28:17.340]  under the security instrument? No, not in a security instrument. Is there something in the
[01:28:17.340 --> 01:28:30.860]  public record that would show that this party would have any claim that would be paid that's
[01:28:30.860 --> 01:28:39.820]  that some other party would have, for instance, the original lender? Yeah, there's a transfer
[01:28:39.820 --> 01:28:47.980]  and assignment. Is the assignment proper? Is there any problem you can bring with the assignment?
[01:28:49.980 --> 01:28:57.740]  Well, for instance, was Merge involved? Did he was the original lender out of business when the
[01:28:57.740 --> 01:29:05.740]  assignment was paid? Were there any problems with the assignment that you could cite in terms of
[01:29:05.740 --> 01:29:18.060]  quiet time? Well, one of the things was that the transfer and assignment only said that the original
[01:29:18.060 --> 01:29:25.900]  lender was transferring and assigning their interest and title and blah, blah in the
[01:29:25.900 --> 01:29:35.740]  day of trust. I didn't mention about any interest in the debt. Okay, that's not necessary.
[01:29:37.260 --> 01:29:45.900]  An assignment of a security instrument. They, yeah, okay, we're about to go to break. Hang on,
[01:29:45.900 --> 01:29:50.380]  we'll pick this up on the other side. And this is kind of sophisticated. I like this
[01:29:50.380 --> 01:29:56.060]  because it's getting hard. We're about to go to break. We're going to get more rules on real.
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[01:34:25.580 --> 01:34:40.860]  Welcome back to the Logo Radio folks. You're listening to Andy Kelton, Steve Skidmore on
[01:34:40.860 --> 01:34:46.780]  Friday night. We've got about a half an hour left, so there's plenty of time to get on.
[01:34:46.780 --> 01:34:55.820]  512-646-1984. We'll allow that. In a while, let's go back to Danny in Texas and see what's
[01:34:55.820 --> 01:35:03.660]  going on in Tennessee. Danny, before we go on further, give us an update on the highest across
[01:35:03.660 --> 01:35:10.540]  the street. Well, I don't know, still all the police cars around are like the flashing and they
[01:35:10.540 --> 01:35:18.940]  blocked off this intersection down here just a minute ago. And guys, you know, guys still walk
[01:35:18.940 --> 01:35:24.300]  around the roof of the courthouse like they're looking for someone. They're still up there?
[01:35:26.300 --> 01:35:35.820]  Yeah. Yeah, wow. We haven't found our guy, huh? No, apparently not. I'd say they need to go back
[01:35:35.820 --> 01:35:43.180]  inside and take another headcount. Yeah, well, if it was me doing the count, I would have done that
[01:35:43.180 --> 01:35:53.020]  about three or four times before I called anybody else in. What city are you in? Jackson, Tennessee.
[01:35:54.380 --> 01:36:03.900]  Jackson? Okay. We'll look for it on the news. I'm going to Jackson. Turn a loose of my coat.
[01:36:03.900 --> 01:36:08.620]  Hey, are Danny, are you sure it's not you they're looking for?
[01:36:10.540 --> 01:36:12.460]  Well, I got the wrong building, if it is.
[01:36:15.020 --> 01:36:23.260]  Thank God. Okay. Well, anyway, my question was about, okay, you're saying you would,
[01:36:23.260 --> 01:36:28.700]  Randy was saying he thought that the quick claim D did, you know, turn over the claims, but
[01:36:28.700 --> 01:36:40.780]  just accepting for the moment that it doesn't and let that become, you know, the law for this case,
[01:36:41.980 --> 01:36:48.220]  then that would mean that the estate still has, still the holder of whatever claims it would have,
[01:36:49.020 --> 01:36:55.740]  and is that something that can be inherited? And so I have the probate judge state that that
[01:36:55.740 --> 01:37:06.780]  goes to me, the claims. It would probably go back to the estate. Well, no, but if he is the
[01:37:07.660 --> 01:37:15.100]  heir of the estate, absolutely, any claims that the estate would have, it would seem it would go to him.
[01:37:16.460 --> 01:37:21.420]  Yeah. And then I have the judge's, the judge's decision on that,
[01:37:21.420 --> 01:37:30.300]  that, that done, then I can go with that is, is my idea. I'd say that's a good idea.
[01:37:32.780 --> 01:37:39.500]  You know, if, if somebody defrauds me, they cheat me, they steal from me,
[01:37:40.780 --> 01:37:49.500]  and I pass away and my estate moves, or they defraud me and cheat me and steal from me in a
[01:37:49.500 --> 01:37:58.780]  way that affects my estate. And I pass away. The person who did the defrauding and the cheating
[01:37:58.780 --> 01:38:04.940]  and the stealing, they're not absolved of their responsibility simply because I died,
[01:38:04.940 --> 01:38:07.420]  because that would give them a real good reason to kill me.
[01:38:07.420 --> 01:38:18.220]  So, you know, if I rob you and I don't want to be held responsible, all I got to do is kill you.
[01:38:19.980 --> 01:38:22.620]  So there's no way the law can allow that kind of thing.
[01:38:24.620 --> 01:38:32.620]  So if your mother would have had a claim and she passed away and the estate passed to you,
[01:38:32.620 --> 01:38:40.940]  any claims the estate would have would absolutely have to be able to adjudicate those claims.
[01:38:42.540 --> 01:38:44.140]  Those would become your claims.
[01:38:45.900 --> 01:38:49.660]  Exactly. Anything less would open the door for anarchy.
[01:38:52.780 --> 01:38:56.460]  Let me pass you another little piece of information related to this case.
[01:38:56.460 --> 01:39:07.260]  This servicer is not a bank or anything. And so, anyway, they have filed with the SEC
[01:39:08.380 --> 01:39:17.660]  and got one of their annual reports. And in the report, the CEO is telling the SEC,
[01:39:17.660 --> 01:39:25.980]  you know, like how good they are and everything and how good their situation is because they
[01:39:25.980 --> 01:39:31.660]  don't own the notes. They provide services to the owners of the notes.
[01:39:35.580 --> 01:39:38.380]  And so... So you want to see a contract?
[01:39:38.380 --> 01:39:49.900]  Yeah. And I want to see that somebody with the right authority has actually declared
[01:39:49.900 --> 01:39:52.780]  a default for them to go forward on.
[01:39:54.540 --> 01:39:58.220]  Is this in a venue that would provide for discovery?
[01:40:01.340 --> 01:40:05.260]  Yeah. If I ever get to that point, I was not trying to do discovery because I was waiting
[01:40:05.260 --> 01:40:10.060]  for an answer to come in because I didn't answer then just file for the fault judgment.
[01:40:11.500 --> 01:40:12.780]  And there has been no answer.
[01:40:15.180 --> 01:40:18.780]  And what's the statute of... What's the time table on that?
[01:40:21.260 --> 01:40:21.740]  Well...
[01:40:21.740 --> 01:40:22.860]  How long do they have to answer?
[01:40:22.860 --> 01:40:25.260]  Okay. Hold on, Danny. Answer to what?
[01:40:32.060 --> 01:40:34.060]  You talking to me or talking to...
[01:40:34.060 --> 01:40:38.540]  Yeah. You said there has been no answer. Answer to what?
[01:40:38.540 --> 01:40:41.820]  They have to answer the suit. They have an answer to claim to the suit.
[01:40:41.820 --> 01:40:45.740]  They put in the motion to dismiss for failure of state of claim and lack of standing.
[01:40:47.260 --> 01:40:51.900]  And then went through all those processes I was talking about to try to get things changed
[01:40:52.940 --> 01:40:55.580]  to be able to go forward on it effectively.
[01:40:56.380 --> 01:40:58.620]  Okay. And what were they supposed to answer?
[01:40:58.620 --> 01:41:04.620]  Well, the claims that I had put in, you know, the original complaint.
[01:41:05.180 --> 01:41:11.100]  Okay. Wait. You... Wait. Hold on. Did you file the original complaint or did the other part?
[01:41:12.780 --> 01:41:13.260]  I did.
[01:41:13.980 --> 01:41:19.820]  Okay. So they never answered your original complaint. Did they file a motion to dismiss?
[01:41:21.100 --> 01:41:21.420]  Yes.
[01:41:21.420 --> 01:41:27.900]  Okay. When they file a motion to dismiss, that's a dispositive motion.
[01:41:29.100 --> 01:41:34.060]  And they don't have to answer until there is a ruling on the motion to dismiss.
[01:41:34.780 --> 01:41:37.980]  Has the ruling on the motion to dismiss?
[01:41:39.260 --> 01:41:39.500]  No.
[01:41:41.740 --> 01:41:43.340]  So they don't have to answer yet.
[01:41:45.340 --> 01:41:50.700]  Because it's dispositive, if they get a ruling in their favor, it tosses the case,
[01:41:50.700 --> 01:41:52.940]  and they don't have to provide an answer.
[01:41:52.940 --> 01:41:56.940]  Well, yeah. That part I agree with. But rather than doing that,
[01:41:58.540 --> 01:42:05.420]  the judge advised them on the earlier hearings for them to...
[01:42:06.940 --> 01:42:08.060]  File an MSJ.
[01:42:09.020 --> 01:42:12.140]  Yes. And it was a motion for some re-judgment, yeah.
[01:42:14.220 --> 01:42:17.740]  Which I'm saying that this motion for some re-judgment is out of order.
[01:42:17.740 --> 01:42:23.740]  But what it says, part of what it says in it, and the order they've written up is kind of light in
[01:42:23.740 --> 01:42:29.740]  some ways on it. But the main thing he stated was that lack of standing.
[01:42:30.860 --> 01:42:40.460]  So even though it's in the guise of some re-judgment, it's really just dismissal for lack of standing.
[01:42:41.020 --> 01:42:44.060]  Yeah. It's a challenge subject manager addiction.
[01:42:44.060 --> 01:42:49.340]  Lack of standing would go to your ability to invoke the subject manager addiction in the court.
[01:42:49.340 --> 01:42:51.980]  But that should not be hard to get around.
[01:42:54.300 --> 01:43:02.300]  If you are in the error of the state, the estate, then you would have any claim that the estate would have.
[01:43:04.300 --> 01:43:07.900]  Yeah. But probate's still open, so it's settled.
[01:43:07.900 --> 01:43:14.460]  But even so, if you're named as the heir of the estate, just because probate's open doesn't mean
[01:43:14.460 --> 01:43:19.340]  another party can liquidate your estate before you can get it through probate.
[01:43:21.500 --> 01:43:28.140]  You should be able to stop any further proceedings with a decision.
[01:43:28.140 --> 01:43:33.020]  You should be able to stop any further proceedings with a decision.
[01:43:33.020 --> 01:43:38.540]  You should be able to stop any further proceedings with a decision in abatement.
[01:43:40.940 --> 01:43:47.500]  Okay. Hang on. We're about to go to our last segment. This is Randy Kelty's Skidmore with
[01:43:47.500 --> 01:43:56.700]  Bolladio. And on the break, think abatement. This is, we'll be right back.
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[01:46:25.180 --> 01:46:54.220]  Okay, we are back. Grant, Kelton, Steve, get more of this. We're talking to Danny in
[01:46:55.180 --> 01:47:03.900]  Tennessee and this is an interesting situation. They're saying you don't have standing but you
[01:47:03.900 --> 01:47:13.500]  are the heir. It would seem you would be the only one who would have standing. So essentially,
[01:47:13.500 --> 01:47:21.500]  they're saying that somebody can steal all this property while it's in probate and nobody would
[01:47:21.500 --> 01:47:31.900]  have any say because they don't have standing. Well, the executor would say that you're the
[01:47:31.900 --> 01:47:42.700]  executor. Not anymore, but, well, yeah, I'm still the executor, but the judge was saying that the
[01:47:42.700 --> 01:47:51.820]  estate then, an entity, is required to be represented by attorney in court. And so this
[01:47:51.820 --> 01:47:59.980]  state didn't have enough, really enough money to pay an attorney long enough to take this through.
[01:48:00.540 --> 01:48:09.180]  So they would just exhaust the money and then, you know, wouldn't be there anymore.
[01:48:09.180 --> 01:48:16.620]  So that was the reason for trying to do the trick, the quick claim deed, to get it out of the estate
[01:48:17.500 --> 01:48:19.740]  and to me so I could do it on my own.
[01:48:23.100 --> 01:48:25.020]  And how did the court respond to that?
[01:48:25.020 --> 01:48:39.900]  Well, it said that, all right, it would allow me to be named in and drop the estate from the suit,
[01:48:41.100 --> 01:48:47.420]  but, you know, it was never ruled, entered a ruling on the motion to dismiss.
[01:48:47.420 --> 01:48:57.500]  It was telling them to go, basically, they thought they perceived it and to do the
[01:48:57.500 --> 01:48:59.500]  motion for some re-judgment.
[01:49:01.980 --> 01:49:07.100]  Okay, move for a ruling on the motion to dismiss.
[01:49:07.100 --> 01:49:15.340]  Judge, got to do something. He can't sit on this forever.
[01:49:18.540 --> 01:49:24.780]  Well, no, but now they've already got the, I suppose they got the summary judgment.
[01:49:26.780 --> 01:49:28.540]  No, that's confusing.
[01:49:28.540 --> 01:49:33.980]  I would say it's out of order and since there was the main part of it is lack of standing,
[01:49:33.980 --> 01:49:39.980]  well, we didn't have jurisdiction to enter a judgment, only the dismissal, really.
[01:49:41.180 --> 01:49:46.060]  Yes, the challenge to standing would have been a disphosited motion.
[01:49:47.260 --> 01:49:47.500]  Yeah.
[01:49:49.260 --> 01:49:53.580]  So in the case in your favor, as opposed to their favor.
[01:49:56.620 --> 01:49:59.420]  So you might petition for a real mandamus,
[01:49:59.420 --> 01:50:05.420]  ording the court to give a ruling on standing.
[01:50:09.740 --> 01:50:10.220]  Standing.
[01:50:13.340 --> 01:50:13.820]  You there?
[01:50:15.100 --> 01:50:17.260]  Yeah, I'm listening and thinking.
[01:50:18.380 --> 01:50:24.540]  And, you know, on the other party is they're trying to bypass
[01:50:24.540 --> 01:50:31.260]  a, this is getting too complex for me. I think I've lost my place.
[01:50:32.620 --> 01:50:44.860]  You have the mortgage company trying to foreclose on the property and shut you out as the heir.
[01:50:44.860 --> 01:50:53.260]  So how do we, we have a motion to dismiss and a motion for summary judgment?
[01:50:56.380 --> 01:51:00.780]  And they're trying to rule on the motion for summary judgment prior to ruling on the motion
[01:51:00.780 --> 01:51:02.780]  to dismiss. Is that the way I get this?
[01:51:06.060 --> 01:51:13.660]  So you would move for a clean abatement on the motion for summary judgment.
[01:51:13.660 --> 01:51:21.180]  And a petition for a real mandamus on the motion to dismiss.
[01:51:22.620 --> 01:51:23.820]  Say that again, Danny.
[01:51:26.140 --> 01:51:29.500]  Well, I've already had the summary judgment that was last week.
[01:51:30.700 --> 01:51:32.460]  What about the motion to dismiss?
[01:51:33.900 --> 01:51:34.940]  It became Moe.
[01:51:34.940 --> 01:51:44.620]  Well, no, not if it was file first. How did they bypass the motion to dismiss the
[01:51:44.620 --> 01:51:47.980]  vote of summary? Well, motion to dismiss is a summary judgment.
[01:51:48.540 --> 01:51:52.620]  But how was the motion for summary judgment different than motion to dismiss?
[01:51:55.020 --> 01:52:01.740]  Well, for the most part, it's not matter of fact, a major part of it states that
[01:52:01.740 --> 01:52:09.580]  the black standing, this is here. Defendants have argued that plaintiff does not have
[01:52:09.580 --> 01:52:13.420]  standing to bring this matter. The court agrees.
[01:52:19.020 --> 01:52:27.500]  So that's why I say that even though, even though this is, you know, in the form of a
[01:52:27.500 --> 01:52:35.100]  summary judgment, it's really on a dismissal for lack of standing. Because once that's stated,
[01:52:36.780 --> 01:52:41.500]  the court doesn't have jurisdiction to actually enter a judgment, you know, a real judgment.
[01:52:41.500 --> 01:52:44.460]  Right. Okay. So you are the plaintiff then?
[01:52:45.660 --> 01:52:46.860]  Right. Yes.
[01:52:47.820 --> 01:52:54.060]  Oh, okay. Now this is beginning to make a little more sense. You brought an action as plaintiff
[01:52:54.060 --> 01:52:58.620]  and they're saying you don't have standing to bring the action.
[01:53:00.220 --> 01:53:06.460]  Right. Okay. So they're trying to dismiss your action for lack of standing. Okay.
[01:53:07.420 --> 01:53:15.580]  Now this makes more sense. Now all you have to really do is argue you're standing as the
[01:53:15.580 --> 01:53:24.300]  heir of the estate. Well, past point of doing that because it's already had the summary judgment.
[01:53:25.900 --> 01:53:29.020]  The summary judgment was ruled against you?
[01:53:30.300 --> 01:53:35.260]  Right. Yes. Okay. So, you know, the whole deal is we have to remember
[01:53:35.260 --> 01:53:45.580]  the only purpose of the trial court is to set the record for appeal. Do you have the record set?
[01:53:47.740 --> 01:53:58.140]  Well, have you argued you're standing as the heir and the executor of the estate?
[01:53:58.140 --> 01:54:05.820]  You're the original executor of the estate. You're the ultimate beneficiary of the proceeds of the
[01:54:05.820 --> 01:54:10.540]  estate. Not really. For them to say you don't have standing to protect the proceeds of the
[01:54:10.540 --> 01:54:12.220]  estate is ludicrous.
[01:54:16.140 --> 01:54:23.020]  Yeah. Well, no, not really because do you remember the estate that I had before where they had that
[01:54:23.020 --> 01:54:30.540]  that portions of the signature page of the note and the data trust was missing about
[01:54:30.540 --> 01:54:34.380]  half an inch off them for what they put in for the summary judgment?
[01:54:35.660 --> 01:54:41.340]  Yes. And what I remember seeing, you thought that looked like aggravated perjury. Well,
[01:54:41.340 --> 01:54:49.180]  the judge said frivolous. Frivolous has to what? Your accusation of aggravated perjury?
[01:54:49.180 --> 01:54:56.140]  Well, I didn't make it aggravated perjury, but that what do frivolous superattacks?
[01:54:57.500 --> 01:55:04.300]  Huh? Oh, well, the things I brought up about, you know, showing that there's two inches missing
[01:55:04.300 --> 01:55:11.980]  off of the copy I was provided in the summary judgment of the signature pages.
[01:55:13.420 --> 01:55:17.740]  So it's like, you know, it could be stamps or something there showing that something else was
[01:55:17.740 --> 01:55:27.180]  done. That's an interesting issue. And what you set the record for appeal and that's really
[01:55:28.060 --> 01:55:30.700]  the purpose of this of the trial court anyway.
[01:55:33.740 --> 01:55:35.660]  And have you appealed their decision?
[01:55:35.660 --> 01:55:54.220]  No, well, just today got their order to be signed. Okay, so as soon as the order is signed,
[01:55:54.220 --> 01:56:00.700]  then you can file an appeal. And if it's if there is a ruling is not dispositive,
[01:56:00.700 --> 01:56:07.100]  and it would go with your standing, you should be able to file an interlocked appeal.
[01:56:14.940 --> 01:56:16.540]  Okay, that makes sense. Still there, Danny?
[01:56:18.060 --> 01:56:21.740]  Yeah, well, I'm trying to I'm trying to think of that since I suppose he already
[01:56:21.740 --> 01:56:29.740]  held summary judgment. Okay, think I think in terms of you have a right to a claim against
[01:56:29.740 --> 01:56:36.860]  this property. And the court is ruling in a way that's going to deny you this claim.
[01:56:38.700 --> 01:56:46.860]  So if they're dispositive ruling that would dispose of your case would deny you the claim,
[01:56:47.900 --> 01:56:56.940]  you you can do an or if they enter a ruling that denies you standing but the case stays
[01:56:56.940 --> 01:57:02.780]  in place wherever the case is. You have a right to an interlocked appeal.
[01:57:06.140 --> 01:57:10.140]  And in this case, you are the beneficiary of the estate.
[01:57:12.220 --> 01:57:16.620]  And the probate court is trying to
[01:57:16.620 --> 01:57:27.500]  do the estate. And I take it you file suit to prevent them from distributing the estate to
[01:57:29.420 --> 01:57:40.540]  the lender to the on the reverse mortgage. The lender is not in in the probate any.
[01:57:40.540 --> 01:57:49.340]  Okay. And I'm confused. I'm not sure what's going on here. Is this a probate issue or have you
[01:57:49.340 --> 01:57:57.260]  filed suit? Okay, I filed suit and then later on because the issues that came up open probate.
[01:57:57.260 --> 01:58:08.780]  Okay. So any consideration of the suit that you filed should be abated
[01:58:11.020 --> 01:58:19.340]  pending probate because absent probate you have no idea who had the court has no idea
[01:58:19.340 --> 01:58:30.540]  who has standing. Okay, we are. Hey, guys, we're going to have to pick. Yeah, we're going to have
[01:58:30.540 --> 01:58:38.620]  to pick this up next week. Okay, take us out, Randy. Okay, this is Randy Calamity.
[01:58:38.620 --> 01:58:45.100]  Steve Skidmore with our radio. Thank you all for listening. We'll be back next week, Thursday at eight,
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