ROL_2015-02-06_16k_Hr3-4.timecode
[00:00.000 --> 00:07.600] This is The Liberty Beat, your daily source for Liberty news and activist updates, online
[00:07.600 --> 00:08.600] at TheLibertyBeat.com.
[00:08.600 --> 00:13.720] I'm Brian Hagan with your Liberty Beat for Friday, February 6, 2015.
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[00:56.480 --> 01:01.080] In the news, the Transportation Security Administration, the Philadelphia Police Department, and the
[01:01.080 --> 01:05.620] Department of Homeland Security are being sued after arresting a man on false charges
[01:05.620 --> 01:08.280] and lying about the facts in court.
[01:08.280 --> 01:14.200] In 2013, Roger Vanderklok was stopped and questioned by TSA workers over power bar snacks
[01:14.200 --> 01:15.880] and a watch in his bag.
[01:15.880 --> 01:20.160] Vanderklok says there was a misunderstanding between him and the TSA.
[01:20.160 --> 01:23.840] After his bag was cleared of hazardous materials, he asked to file a complaint.
[01:23.840 --> 01:28.080] Instead, he was put into a holding area and the Philadelphia Police were called.
[01:28.080 --> 01:32.360] He was arrested and charged with threatening the placement of a bomb and making terroristic
[01:32.360 --> 01:33.360] threats.
[01:33.360 --> 01:38.240] At his trial, a TSA supervisor claimed Vanderklok was getting agitated, waving his hands in
[01:38.240 --> 01:41.080] the air and threatened to bring a bomb through security.
[01:41.080 --> 01:46.640] However, surveillance video proved the supervisor was lying and Vanderklok was acquitted.
[01:46.640 --> 01:53.800] He's now suing the agencies for their participation in depriving him of his liberty.
[01:53.800 --> 01:58.200] A new report from the American Civil Liberties Union of North Carolina has found that more
[01:58.200 --> 02:03.140] than 70 North Carolina law enforcement agencies use surveillance tools, including automatic
[02:03.140 --> 02:07.260] license plate readers and cell site simulators known as stingrays.
[02:07.260 --> 02:12.940] The ACLUNC and former state senator and criminal defense attorney Tom Gulsby held a briefing
[02:12.940 --> 02:15.400] on the growing surveillance and privacy issues.
[02:15.400 --> 02:19.520] In response to the growth of surveillance tools focusing on domestic communications,
[02:19.520 --> 02:23.800] the ACLUNC is supporting legislation which would require the police to get a warrant
[02:23.800 --> 02:26.320] for gathering digital data.
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[02:51.400 --> 02:54.600] This is the Liberty Beat for Friday, February 6th, 2015.
[02:54.600 --> 03:11.520] Check out the website at TheLibertyBeat.com.
[03:11.520 --> 03:32.920] Okay.
[03:32.920 --> 03:33.920] We are back.
[03:33.920 --> 03:38.360] Randy Kelton, Steve Skidmore, The Rules of Law Radio, and we're talking to Leslie in
[03:38.360 --> 03:39.360] Pennsylvania.
[03:39.360 --> 03:45.960] So I guess I'll have to look into, I've got the case, you sent it to me, and I'll have
[03:45.960 --> 03:59.920] to look into the prospect of using that case as a blueprint or essentially res judicata.
[03:59.920 --> 04:07.680] We go in and make the claim and since it's already been proven that they have, that they
[04:07.680 --> 04:14.440] have had a practice of doing this, then it must be presumed if they did it there and
[04:14.440 --> 04:15.440] they did it here.
[04:15.440 --> 04:16.440] In all states.
[04:16.440 --> 04:17.440] Yes.
[04:17.440 --> 04:20.440] Because they're in an A.
[04:20.440 --> 04:27.720] When they get, from the class action suits that I myself have been involved with, is
[04:27.720 --> 04:35.040] when it gets to after a certain place in discovery and they get a list of all of the people who
[04:35.040 --> 04:42.160] had that insurance under those people that were subject to those kickbacks, they will
[04:42.160 --> 04:47.760] send them a letter and ask if they want to opt out.
[04:47.760 --> 04:54.120] And that's how they know, but they already get that information right from the bank through
[04:54.120 --> 04:55.120] discovery.
[04:55.120 --> 04:58.200] They would get that.
[04:58.200 --> 05:00.680] This raises another question in my mind.
[05:00.680 --> 05:02.920] Would they go retroactive with this?
[05:02.920 --> 05:11.680] That is, what I mean by that is, will the court send this opt out option only to those
[05:11.680 --> 05:19.600] who are, whose mortgages are still active or would they also go back and hit the people
[05:19.600 --> 05:27.200] who have already been foreclosed on and been disposed of their property or dispossessed?
[05:27.200 --> 05:29.960] I think they would have to go all the way back.
[05:29.960 --> 05:34.040] I would think so too, but man, you're talking about a longer list from here to hell and
[05:34.040 --> 05:35.040] back.
[05:35.040 --> 05:36.040] Well, yeah.
[05:36.040 --> 05:48.120] But I've seen them do it, even from, I had gotten involved with one on electrical panels,
[05:48.120 --> 05:50.520] believe it or not.
[05:50.520 --> 05:54.440] And they were a subject, it was, I can't even remember the name of the federal, I don't
[05:54.440 --> 05:56.480] think federal electrical panels.
[05:56.480 --> 06:01.240] But anyway, where you put your circuit breakers, it's effective.
[06:01.240 --> 06:06.880] Yeah, federal is out of business, they're not, you can't put them in anymore.
[06:06.880 --> 06:07.880] Yeah.
[06:07.880 --> 06:08.880] That's probably why.
[06:08.880 --> 06:14.280] They're all square D now for the most part.
[06:14.280 --> 06:20.880] But they did send a letter to our house when they went through this class action suit again.
[06:20.880 --> 06:23.880] That's good.
[06:23.880 --> 06:30.320] And so I mean, it wasn't, it was addressed to the homeowner, you know, but mine did catch
[06:30.320 --> 06:36.640] fire and I had it replaced, yeah, it cost me $1,400.
[06:36.640 --> 06:38.840] There wasn't a lot of damage because I was right there.
[06:38.840 --> 06:43.120] But yeah, mine did short out and catch fire.
[06:43.120 --> 06:50.700] But anyway, that's another, that's how they handle class action suits is they go back
[06:50.700 --> 06:55.840] and they find out who all was affected and they do that for the discovery process.
[06:55.840 --> 06:56.840] Good.
[06:56.840 --> 06:57.840] Good.
[06:57.840 --> 07:02.400] So we have to find another insurance company that they did the same thing with.
[07:02.400 --> 07:03.400] Another company probably.
[07:03.400 --> 07:07.400] Don't you think that Bank of America is the only one?
[07:07.400 --> 07:08.400] Absolutely not.
[07:08.400 --> 07:09.400] No.
[07:09.400 --> 07:10.400] Okay.
[07:10.400 --> 07:15.920] See, at first blush when I was listening to your dissertation, Leslie, I was thinking
[07:15.920 --> 07:18.760] that, well, okay, this is insurance fraud.
[07:18.760 --> 07:25.720] But it's not insurance fraud if the insurance company submits to it.
[07:25.720 --> 07:29.120] It's reinsurance too and it's insurance on the mortgage.
[07:29.120 --> 07:32.360] It's not insurance on a house or anything else like that.
[07:32.360 --> 07:33.360] Right.
[07:33.360 --> 07:34.360] Right.
[07:34.360 --> 07:37.040] And I still need to research out that issue.
[07:37.040 --> 07:42.720] How does the mortgage insurance affect the borrower?
[07:42.720 --> 07:47.120] Because they have to pay the premiums and the premiums are higher because they're kicking
[07:47.120 --> 07:48.120] back money.
[07:48.120 --> 07:51.960] Well, what does the premium buy for the borrower?
[07:51.960 --> 07:58.600] Doesn't lie on anything, but they still have to pay for it.
[07:58.600 --> 08:07.760] If the bank receives an insurance premium at foreclosure, then the bank can't claim
[08:07.760 --> 08:08.760] harm.
[08:08.760 --> 08:09.760] Right.
[08:09.760 --> 08:18.360] And when they sell the property, they would have to deduct the insurance premium from
[08:18.360 --> 08:26.300] the amount they receive for the property and give all the remainder back to the person
[08:26.300 --> 08:27.300] foreclosed on.
[08:27.300 --> 08:28.300] You would think, huh?
[08:28.300 --> 08:29.300] You would think, huh?
[08:29.300 --> 08:30.300] But-
[08:30.300 --> 08:35.240] It may be that just nobody's fought that battle yet.
[08:35.240 --> 08:45.160] It's over $60 a month from what this document says, depending on what the price was on your
[08:45.160 --> 08:46.160] house.
[08:46.160 --> 08:50.000] It could be $25 a month, could be $100 a month.
[08:50.000 --> 08:52.640] This sure gives me an idea.
[08:52.640 --> 09:00.800] You take a property that's been foreclosed on and the bank sold the property and returned
[09:00.800 --> 09:05.640] no funds to the borrower who was foreclosed on.
[09:05.640 --> 09:06.640] Right.
[09:06.640 --> 09:14.840] Then if they were paying an insurance premium, then that insurance premium was fraudulent.
[09:14.840 --> 09:15.840] Right.
[09:15.840 --> 09:25.760] At best, it was unconscionable because you're paying for something for which you receive
[09:25.760 --> 09:29.000] no benefit.
[09:29.000 --> 09:34.400] But if in fact there was an insurance premium and the bank received payment, they can't
[09:34.400 --> 09:43.960] now come back to the borrower and claim harm and get restitution twice.
[09:43.960 --> 09:45.520] I've got to research that out.
[09:45.520 --> 09:46.520] Yeah.
[09:46.520 --> 09:47.520] That's a good idea.
[09:47.520 --> 09:53.800] But anyway, I just thought I'd call and give you a holler and tell you what's up.
[09:53.800 --> 09:57.120] I sent you a copy of my preliminary objections.
[09:57.120 --> 09:58.120] Yes.
[09:58.120 --> 09:59.120] I got that.
[09:59.120 --> 10:06.440] And I'm going to have to work on my new complaint I'm going to have to file.
[10:06.440 --> 10:07.440] Get this, guys.
[10:07.440 --> 10:21.320] I just put this through a calculator, 12 months a year times 30 years at $60 a month is $21,600.
[10:21.320 --> 10:26.360] Now multiply that by, oh, what, over half a million homeowners?
[10:26.360 --> 10:27.360] No.
[10:27.360 --> 10:31.520] Wait, that's not how you calculate it.
[10:31.520 --> 10:39.080] You subtract it from the principal every month.
[10:39.080 --> 10:44.760] This is what you paid since this amount really didn't go to the insurance.
[10:44.760 --> 10:45.760] Gotcha.
[10:45.760 --> 10:46.760] Gotcha.
[10:46.760 --> 10:55.880] On Steve's mortgage, when we ran a calculation on overpayments, the numbers showed that he
[10:55.880 --> 11:00.040] was overpaying what was at $43 a month.
[11:00.040 --> 11:02.600] The note said he should pay this amount.
[11:02.600 --> 11:05.800] What they were actually building him was another amount.
[11:05.800 --> 11:15.120] So we took that extra amount, that extra $43, and this is what they charged in principal
[11:15.120 --> 11:17.640] and interest.
[11:17.640 --> 11:19.080] So it was $43 over.
[11:19.080 --> 11:26.080] So each month we said, well, that didn't go to principal and interest.
[11:26.080 --> 11:30.040] That went strictly to principal.
[11:30.040 --> 11:34.560] So we subtracted it from the principal every month, and it come up, what, 40 something
[11:34.560 --> 11:42.720] a little over $42,000 over the 30 years.
[11:42.720 --> 11:50.480] So you take $60,000 over and subtract that from the principal for 30 years, we're probably
[11:50.480 --> 11:55.920] looking at $60,000, $70,000.
[11:55.920 --> 11:58.920] That's major fraud.
[11:58.920 --> 12:02.560] It's unjust enrichment.
[12:02.560 --> 12:05.080] Theft and conversion.
[12:05.080 --> 12:06.520] Yes.
[12:06.520 --> 12:13.040] In Texas, conversion has been consolidated into the theft statute.
[12:13.040 --> 12:14.040] Oh, good.
[12:14.040 --> 12:20.640] So that $43 extra on Steve's mortgage was probably that insurance.
[12:20.640 --> 12:31.480] No, it was just the way the, when I do the truth in lending statement and the note, 75%
[12:31.480 --> 12:38.040] of the time the truth in lending statement shows more than what the person agreed to.
[12:38.040 --> 12:43.040] And generally the payments are based on the truth in lending statement.
[12:43.040 --> 12:49.820] And this was just principal and interest, not escrow.
[12:49.820 --> 12:55.440] So this was separate and about 25% of the time they charge you less than they should
[12:55.440 --> 12:56.440] be.
[12:56.440 --> 13:00.840] And that's as big a problem as charging you more because they charge you less than they
[13:00.840 --> 13:02.760] should be.
[13:02.760 --> 13:08.120] Then they watch your payments and when you're you slow pay twice in a row, they come back
[13:08.120 --> 13:11.840] and say, oh my goodness, we made a boo boo.
[13:11.840 --> 13:16.240] You owe us 30 grand and we're going to foreclose at a number of people that that's happened
[13:16.240 --> 13:17.240] to.
[13:17.240 --> 13:18.240] Yeah.
[13:18.240 --> 13:19.240] Yeah.
[13:19.240 --> 13:24.200] But PMI PMI is never part of escrow.
[13:24.200 --> 13:27.080] It's not part of the escrow process.
[13:27.080 --> 13:31.640] It's in addition to principal and interest, but it's not, it's not escrow.
[13:31.640 --> 13:34.560] Oh, that is interesting.
[13:34.560 --> 13:37.880] It's hidden in the payment.
[13:37.880 --> 13:38.880] Okay.
[13:38.880 --> 13:39.880] Hold on.
[13:39.880 --> 13:40.960] That is right.
[13:40.960 --> 13:51.960] I had one guy who actually could explain the numbers on the truth in lending statement
[13:51.960 --> 13:54.480] and that's what he said.
[13:54.480 --> 14:01.560] Page insurance was the difference, but he didn't, he didn't explain it.
[14:01.560 --> 14:02.560] That explains it.
[14:02.560 --> 14:03.560] It's hidden in there.
[14:03.560 --> 14:04.560] Oh yeah.
[14:04.560 --> 14:05.560] Oh yeah.
[14:05.560 --> 14:10.560] That's what that's what three dollars was Steve.
[14:10.560 --> 14:15.440] Now I'm going to have to go back and do some calculations.
[14:15.440 --> 14:16.440] Yep.
[14:16.440 --> 14:21.040] Well, glad to help.
[14:21.040 --> 14:24.400] Leslie, keep up the good fight honey.
[14:24.400 --> 14:28.320] And you're always a wealth of good information.
[14:28.320 --> 14:29.320] Okay.
[14:29.320 --> 14:34.560] Get your, get your answer and your counter claim in as quick as you can.
[14:34.560 --> 14:35.560] Oh yeah.
[14:35.560 --> 14:39.600] I'm going to file my counter complaint as soon as I can get it together.
[14:39.600 --> 14:44.840] I'll take that over precedent over the fighting that stupid appeals court.
[14:44.840 --> 14:49.360] I got that brief from sitting mortgage, so I'll counter this counter that counter the
[14:49.360 --> 14:50.360] other thing.
[14:50.360 --> 14:54.240] It's like I have to call the court and see if I got 30 days because he filed another
[14:54.240 --> 14:58.560] like, he's counter appealing.
[14:58.560 --> 15:01.000] We use Santiago as a template.
[15:01.000 --> 15:02.600] Yes, I will.
[15:02.600 --> 15:04.000] Yes, I will.
[15:04.000 --> 15:07.720] I wish I had the filings on there, you know?
[15:07.720 --> 15:08.720] I'll see what I can do.
[15:08.720 --> 15:15.000] I started to say, I know some, I got an inside track to that.
[15:15.000 --> 15:17.200] I know some guy who can get that.
[15:17.200 --> 15:21.360] Oh, I would really like to have that.
[15:21.360 --> 15:22.360] I'll see what I can do.
[15:22.360 --> 15:25.360] That's, that's the guy I know.
[15:25.360 --> 15:30.360] We'll have a good week.
[15:30.360 --> 15:34.640] I hope it's better than mine was.
[15:34.640 --> 15:35.640] Thank you, Leslie.
[15:35.640 --> 15:36.640] Because always going to be better.
[15:36.640 --> 15:42.160] Well, keep in mind, you know, what, what appears to be bad news on the surface may be good
[15:42.160 --> 15:50.360] news down deep because I've not known one of these foreclosure mills yet that did not
[15:50.360 --> 15:52.960] give good ammunition to us.
[15:52.960 --> 16:01.560] Leslie, I just wanted to ask you, is the sound of my air conditioner in the background too
[16:01.560 --> 16:03.600] loud over the mic?
[16:03.600 --> 16:04.600] No.
[16:04.600 --> 16:05.600] Okay.
[16:05.600 --> 16:06.600] Just kidding.
[16:06.600 --> 16:09.600] It never gets cold in Texas.
[16:09.600 --> 16:10.600] I know.
[16:10.600 --> 16:20.920] But anyway, that federal case, I was so devastated when I lost when they dismissed the case.
[16:20.920 --> 16:27.000] But then when I got the, when I was in the, the court of appeals for this, and I started
[16:27.000 --> 16:31.600] actually reading it through, I said, oh my God, he actually put it in there.
[16:31.600 --> 16:37.880] And then when the, and I saw that just in time to do the foreclosure preliminary objections
[16:37.880 --> 16:44.480] that it was just your car, perfect chain of title issues, which is what we're fixing to
[16:44.480 --> 16:45.480] go to a break.
[16:45.480 --> 16:46.480] Thank you, Leslie.
[16:46.480 --> 16:49.480] Unless you've got something else, we'll let you go and move on to Sonny on the other side
[16:49.480 --> 16:50.480] of this break.
[16:50.480 --> 16:51.480] You got anything else, Leslie?
[16:51.480 --> 16:52.480] No, that's it.
[16:52.480 --> 16:53.480] Thank you.
[16:53.480 --> 16:54.480] Thank you, dear folks.
[16:54.480 --> 16:55.480] Stay tuned.
[16:55.480 --> 16:58.480] You're listening to rule already over the Randy Kelton, Steve Skidmore.
[16:58.480 --> 17:02.400] We'll be right back through advances in technology.
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[19:00.520 --> 19:08.520] You are listening to the Logos Radio Network, the logosradio network dot com.
[19:08.520 --> 19:18.360] Well, don't let nothing get to you, only the father can deliver you, don't let bad
[19:18.360 --> 19:29.080] people hurt you until they can get behind you, know what I mean, my friend, Nala Jackson.
[19:29.080 --> 19:35.880] Okay, we are back, Randy Kelton with Steve Skidmore, Rule of Law Radio, and we're going
[19:35.880 --> 19:39.320] to go to Sonny in Georgia.
[19:39.320 --> 19:41.320] Hello, Sonny.
[19:41.320 --> 19:45.160] Hey, Randy, hey, Steve, how are you all doing tonight?
[19:45.160 --> 19:46.160] How, Sonny?
[19:46.160 --> 19:50.160] We're doing good and I want to read you something.
[19:50.160 --> 19:53.520] Rule 20, Preemptory Calendar.
[19:53.520 --> 19:59.440] Periodically, the assigned judge may cause to be delivered to the clerk of the court
[19:59.440 --> 20:05.640] and published a list of pending civil actions in which the discovery period has expired
[20:05.640 --> 20:11.840] or criminal cases upon reasonable notice requiring the parties, including the state, or their
[20:11.840 --> 20:18.040] attorneys to announce whether the actions or cases appearing thereon are ready for trial
[20:18.040 --> 20:21.120] and when the trial should be scheduled.
[20:21.120 --> 20:26.400] Failure to appear at the calendar sounding or otherwise to advise the judge or appropriate
[20:26.400 --> 20:32.360] calendar clerk may result in the following dispositions, civil actions dismissal without
[20:32.360 --> 20:39.320] prejudice, criminal cases, acquiring of the accused, the acquitting of the accused defendant
[20:39.320 --> 20:44.760] or the dead docketing of the case.
[20:44.760 --> 20:45.760] Last night...
[20:45.760 --> 20:50.240] Sounds very similar to a doo-wop docket.
[20:50.240 --> 20:58.000] Last night, Sonny called in and we didn't know what the heck a preemptory calendar was.
[20:58.000 --> 21:00.280] Now we know.
[21:00.280 --> 21:02.320] Ready for trial.
[21:02.320 --> 21:04.320] A doo-wop docket?
[21:04.320 --> 21:08.320] Yeah, doo-wop dismissed without prejudice.
[21:08.320 --> 21:09.320] Okay.
[21:09.320 --> 21:10.320] Okay.
[21:10.320 --> 21:16.880] Sonny, I bushwhacked you, what do you have for us tonight?
[21:16.880 --> 21:26.080] Well, my first thought when I saw this letter for my wife on this preemptory calendar call
[21:26.080 --> 21:33.640] was my first thought was this seems to be a due process violation because she hadn't
[21:33.640 --> 21:38.120] been properly even served yet.
[21:38.120 --> 21:43.120] You certainly haven't finished discovery.
[21:43.120 --> 21:45.600] Exactly.
[21:45.600 --> 21:52.680] So you probably simply need to notice the court, now the courts all use computers and
[21:52.680 --> 21:59.820] someone might have gotten you put on this calendar when you didn't belong on this calendar.
[21:59.820 --> 22:11.800] So you might send a petition for clarification and state that you've been put on a preemptory
[22:11.800 --> 22:19.680] calendar, but the preemptory calendar, you should only be there after discovery is completed
[22:19.680 --> 22:23.440] and there's been no discovery in the case.
[22:23.440 --> 22:24.440] Right.
[22:24.440 --> 22:30.760] And they'll probably tell you, oops, we make a boo-boo.
[22:30.760 --> 22:39.480] Maybe in looking at their calendar, there's another case by the same debt collector where
[22:39.480 --> 22:46.280] under the comments, it also says no service, six attempts made.
[22:46.280 --> 22:50.640] And so I'm just thinking it may be one of those things where they try to just clean
[22:50.640 --> 22:55.600] off their calendar and they don't really care if they step on people's rights or toes or
[22:55.600 --> 22:57.640] I don't know.
[22:57.640 --> 22:58.640] What do you think?
[22:58.640 --> 23:04.020] Well, it sounds like to me that I haven't known a court yet that's very careful where
[23:04.020 --> 23:10.440] they step in relation to somebody's toes.
[23:10.440 --> 23:19.720] There's probably some specific code in Georgia addressing service and I suspect each state's
[23:19.720 --> 23:21.040] going to be somewhat different.
[23:21.040 --> 23:27.400] So you'd have to look at the code addressing service to see how the court can do this,
[23:27.400 --> 23:33.640] how they can dismiss a case and that's probably what they're doing.
[23:33.640 --> 23:36.240] They're trying to push this to a dismissal document.
[23:36.240 --> 23:38.240] No, they can't do that.
[23:38.240 --> 23:41.840] They wouldn't want to do that because these are debt collectors trying to sue you.
[23:41.840 --> 23:42.840] Right?
[23:42.840 --> 23:50.880] Yeah, if the debt collector doesn't show up, then they would be dismissed.
[23:50.880 --> 23:53.080] Their case would be dismissed.
[23:53.080 --> 23:58.520] Have you failed to appear at any hearings that you know of?
[23:58.520 --> 24:01.400] Not that I'm aware of.
[24:01.400 --> 24:03.560] There's been no notice of anything.
[24:03.560 --> 24:07.600] This showed up just in regular mail.
[24:07.600 --> 24:17.080] I went and pulled the file and I saw the sheriff's form where it said, you know, no comment.
[24:17.080 --> 24:23.960] Just for the record, Jeff Sedgwick sent me an email or a Skype text last night saying
[24:23.960 --> 24:34.600] that in Georgia, they can just pin it to a note that summons to your door.
[24:34.600 --> 24:40.480] Did the lawyer have a summons pinned to your door?
[24:40.480 --> 24:42.080] No.
[24:42.080 --> 24:47.800] Okay, then you have an issue for lack of service.
[24:47.800 --> 24:55.360] But this doesn't explain why you would be on a preemptory calendar.
[24:55.360 --> 25:02.760] That's a case that's already been mostly adjudicated and ready for trial, if I read that right.
[25:02.760 --> 25:03.760] Right.
[25:03.760 --> 25:04.760] I think you're right.
[25:04.760 --> 25:11.040] I just saw it as one of these cheap lawyer tricks where they try to get you just to show
[25:11.040 --> 25:15.920] up and if you show up, then you pretty much waive your...
[25:15.920 --> 25:16.920] Waive service.
[25:16.920 --> 25:17.920] Yes, that's correct.
[25:17.920 --> 25:18.920] Right.
[25:18.920 --> 25:21.840] And so I was just thinking...
[25:21.840 --> 25:26.760] So you're not worried about him dismissing because you didn't file it anyway.
[25:26.760 --> 25:27.760] Right.
[25:27.760 --> 25:32.800] So go ahead and dismiss, we don't care.
[25:32.800 --> 25:35.320] I was going to ask you to do that anyway.
[25:35.320 --> 25:38.320] You saved me the trouble.
[25:38.320 --> 25:45.560] And then send me an email and I will send it to Pastor Massad and he will show you how
[25:45.560 --> 25:52.320] to beat these guys up and get them to pay you to get you to go away and leave them alone.
[25:52.320 --> 25:54.320] Oh, okay.
[25:54.320 --> 25:58.560] It's a lot more fun.
[25:58.560 --> 26:03.080] Debt collectors, they do everything wrong.
[26:03.080 --> 26:04.080] Always.
[26:04.080 --> 26:10.160] And they do it on purpose because they make more money doing it wrong.
[26:10.160 --> 26:14.200] And yeah, every once in a while somebody come along and sting them.
[26:14.200 --> 26:15.200] Okay.
[26:15.200 --> 26:17.560] Price of doing business.
[26:17.560 --> 26:23.160] So Pastor Massad is the price of doing business.
[26:23.160 --> 26:28.880] So when he goes after him, he'll show you how to go after him and you'll always beat
[26:28.880 --> 26:32.280] them because they always do it wrong.
[26:32.280 --> 26:35.800] And that you go after them, they don't care.
[26:35.800 --> 26:40.200] It's just, you know, if you drive over the highways commercially, you're going to get
[26:40.200 --> 26:42.400] a ticket or two.
[26:42.400 --> 26:43.400] Cost of doing business.
[26:43.400 --> 26:45.400] And so that's the way they treat it.
[26:45.400 --> 26:49.640] They're not going to fix the problem because they make too much money doing it wrong.
[26:49.640 --> 26:54.640] So you can pretty well count on being able to beat them up because you're one of the
[26:54.640 --> 26:57.400] ones that knows how to.
[26:57.400 --> 27:01.760] So give me, send me an email, I'll send it to him and have him contact you.
[27:01.760 --> 27:05.280] Yeah, that'd be great.
[27:05.280 --> 27:10.240] This particular debt collector seems to be a little more crafty than some of the others
[27:10.240 --> 27:21.840] that I've seen just because he's got an affidavit from someone, of course, out of state, stating
[27:21.840 --> 27:27.600] that, you know, they can attest that the account was sold.
[27:27.600 --> 27:30.280] But I thought this was interesting.
[27:30.280 --> 27:32.920] They misspelled their name when they signed it.
[27:32.920 --> 27:35.200] They left their own name?
[27:35.200 --> 27:36.200] Yeah.
[27:36.200 --> 27:41.520] I study handwriting analysis.
[27:41.520 --> 27:50.400] And I have only seen one instance where someone spelled his own name wrong.
[27:50.400 --> 27:58.840] And in handwriting analysis, that's a really, really bad indication.
[27:58.840 --> 28:03.720] If this guy's a lawyer, the likelihood of him spelling his own name wrong is somewhere
[28:03.720 --> 28:07.680] between little and none.
[28:07.680 --> 28:17.600] I would like him to explain to the court how he managed to spell his own name wrong.
[28:17.600 --> 28:25.800] This is actually the signature of the notary for the affidavit.
[28:25.800 --> 28:30.800] And this particular lady uses big, round, fat letters.
[28:30.800 --> 28:35.600] You know, you would think that, okay, they really take the creative license with their
[28:35.600 --> 28:36.600] signature.
[28:36.600 --> 28:37.800] They really like doing that.
[28:37.800 --> 28:42.840] But how would you just leave an L completely out of your name?
[28:42.840 --> 28:45.960] I don't know.
[28:45.960 --> 28:53.440] That is very unusual, unless somebody else signed it for the notary.
[28:53.440 --> 28:54.440] That's what I'm thinking.
[28:54.440 --> 28:55.440] Have you sent a letter?
[28:55.440 --> 28:56.440] The notary fraud.
[28:56.440 --> 29:06.960] Have you sent a letter to the notary asking for all of the acknowledgments she did on
[29:06.960 --> 29:10.760] the day of this particular acknowledgment?
[29:10.760 --> 29:12.440] I have not.
[29:12.440 --> 29:14.760] You might try that.
[29:14.760 --> 29:20.840] If she responds, you'll have some comparisons.
[29:20.840 --> 29:26.800] If she doesn't respond, you'll have prima facie evidence to indicate that this was not
[29:26.800 --> 29:27.800] properly acknowledged.
[29:27.800 --> 29:35.440] So ask for the day of or like a day before, a day after?
[29:35.440 --> 29:40.920] I generally ask for a day before to a day after, so I don't want them to know which
[29:40.920 --> 29:43.440] one I'm looking for.
[29:43.440 --> 29:44.440] Hang on.
[29:44.440 --> 29:49.560] About to go to break, Randy Kelton, Steve Skidmore, Rule of Law Radio, our call in number
[29:49.560 --> 29:58.240] 512-646-1984, if you have a question or comment, give us a call, we'll be right back.
[29:58.240 --> 30:06.160] Laptops, they help us do everything from sending mail to managing money, but did you know those
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[31:24.400 --> 31:25.960] I'm Dr. Catherine Albrecht.
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[31:28.440 --> 31:35.800] We want to thank all our listeners who contributed to making the Logos Radio Network fundraiser
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[33:33.000 --> 33:38.200] Welcome back to Rule of Law Radio, folks.
[33:38.200 --> 33:42.720] Before we left for break, we were speaking with Johnny in Georgia.
[33:42.720 --> 33:46.640] Johnny, are you there?
[33:46.640 --> 33:47.640] Yes.
[33:47.640 --> 33:48.640] Sonny.
[33:48.640 --> 33:49.640] Okay.
[33:49.640 --> 33:50.640] Sonny.
[33:50.640 --> 33:51.640] I'm sorry.
[33:51.640 --> 33:55.160] We've got Johnny in Texas under you, and I just dyslexia kicked in.
[33:55.160 --> 34:01.040] Well, maybe I was looking at it sideways, and I caught Johnny with my left eye and Sonny
[34:01.040 --> 34:02.040] with my right.
[34:02.040 --> 34:08.720] Anyway, Sonny, if you can remember where you were, pick that up and round with a bow.
[34:08.720 --> 34:14.680] Well, Randy had just mentioned sending the court notice.
[34:14.680 --> 34:16.640] Would that be judicial notice?
[34:16.640 --> 34:18.200] No, no, no.
[34:18.200 --> 34:27.600] Just send them a request for... Actually, call the court, and hold on.
[34:27.600 --> 34:30.340] Don't do anything.
[34:30.340 --> 34:37.560] Like you said, this is a Scheister lawyer, a sharp practicing Scheister lawyer, and he's
[34:37.560 --> 34:43.000] probably trying to get you to contact the court.
[34:43.000 --> 34:46.080] If you contact the court, you have constructive notice.
[34:46.080 --> 34:54.640] So, you know, they're threatened to dismiss the case, who cares?
[34:54.640 --> 35:02.360] If you haven't been properly served, ignore it.
[35:02.360 --> 35:13.360] Well, if what I was reading was right, they would dismiss the case if the prosecution,
[35:13.360 --> 35:19.160] if the attorney didn't show up.
[35:19.160 --> 35:24.920] The point is, what do you care what they do at this point?
[35:24.920 --> 35:38.600] Based on that being a preemptory hearing, which you know is way out of line, so the
[35:38.600 --> 35:47.920] only consequence of a preemptory hearing apparently is a default judgment, or actually a dismissal.
[35:47.920 --> 35:53.720] I don't see anything here about... Let's see, civil party without prejudice... Okay,
[35:53.720 --> 35:59.720] in civil actions, dismissal without prejudice, a plaintiff's action, or a defendant's answer,
[35:59.720 --> 36:01.720] counterclaim, or cross-claim.
[36:01.720 --> 36:05.260] It's just a dismissal without prejudice.
[36:05.260 --> 36:07.720] There's no default judgment.
[36:07.720 --> 36:12.080] There's no harm here.
[36:12.080 --> 36:22.240] In the letter they sent me, it added or trial, conclusion by dismissal or trial, which I
[36:22.240 --> 36:31.160] guess if the discovery period had run out, and both sides are called in, then that would
[36:31.160 --> 36:32.160] be the either or.
[36:32.160 --> 36:38.920] Yeah, it would be a dismissal, but a dismissal without prejudice, so either party could refile,
[36:38.920 --> 36:43.240] or actually only the plaintiff, the plaintiff could refile.
[36:43.240 --> 36:49.480] If somebody had answered with a counterclaim, then theirs would be dismissed too, but without
[36:49.480 --> 36:50.480] prejudice.
[36:50.480 --> 36:57.280] You didn't do anything yet, so this is way ahead of time.
[36:57.280 --> 37:02.640] They shouldn't be asking you to come to a preemptory hearing, so I can't see any way
[37:02.640 --> 37:05.800] you could be harmed by just ignoring it.
[37:05.800 --> 37:10.160] Yeah, I agree, I agree.
[37:10.160 --> 37:15.440] If they did try to pull something, then it could always be appealed, right?
[37:15.440 --> 37:26.320] Exactly, and the one thing that will consistently get a ruling overturned is lack of notice.
[37:26.320 --> 37:31.100] Courts don't like someone getting a ruling against them when they had no opportunity
[37:31.100 --> 37:36.760] to adjudicate their issues.
[37:36.760 --> 37:40.560] So when I see her, I'd ignore it.
[37:40.560 --> 37:41.560] Yeah.
[37:41.560 --> 37:46.600] It's probably the shyster attorney trying to get around service.
[37:46.600 --> 37:56.680] Yeah, it's for my wife, so she's the one who's actually a lot more afraid of this than I
[37:56.680 --> 37:57.680] am.
[37:57.680 --> 38:05.400] Well, give us, send me an email, randyatrubelradio.com, and I'll get you in touch with Pastor Massie
[38:05.400 --> 38:08.680] and he'll put your wife at ease.
[38:08.680 --> 38:09.680] Okay.
[38:09.680 --> 38:10.680] Okay.
[38:10.680 --> 38:15.000] Is that anything else, Sonny?
[38:15.000 --> 38:24.840] Well one other thing as far as an update, several months ago I had called in about filing
[38:24.840 --> 38:29.560] for bankruptcy because the bank was trying to foreclose.
[38:29.560 --> 38:30.560] Okay.
[38:30.560 --> 38:32.560] Did you get foreclosed on?
[38:32.560 --> 38:33.560] No.
[38:33.560 --> 38:34.560] No.
[38:34.560 --> 38:35.560] Okay.
[38:35.560 --> 38:36.560] I filed-
[38:36.560 --> 38:38.600] Send me an email.
[38:38.600 --> 38:39.600] We'll talk off the air.
[38:39.600 --> 38:42.600] We can help with that too.
[38:42.600 --> 38:43.600] Okay.
[38:43.600 --> 38:47.960] Well, I'd like to throw this on the table too.
[38:47.960 --> 38:55.960] Is this, okay, you filed bankruptcy prior to a foreclosure, I'm taking it that they
[38:55.960 --> 39:00.320] have not foreclosed the property?
[39:00.320 --> 39:01.320] That is true.
[39:01.320 --> 39:02.320] Okay.
[39:02.320 --> 39:08.800] The reason I bring this up is not so much for your knowledge because you're not at that
[39:08.800 --> 39:13.440] point yet for the knowledge of all other listeners.
[39:13.440 --> 39:25.680] If you're planning on filing a bankruptcy proceeding to stave off an eviction, it will
[39:25.680 --> 39:27.680] not work.
[39:27.680 --> 39:28.680] It's post-foreclosure.
[39:28.680 --> 39:37.160] However, in a pre-foreclosure, if you have not had your property or your loan foreclosed,
[39:37.160 --> 39:44.080] then the bankruptcy, the automatic stay would kick in on the bankruptcy and throw the brakes
[39:44.080 --> 39:45.080] on the foreclosure.
[39:45.080 --> 39:51.440] But in a post-foreclosure situation, bankruptcy is moot.
[39:51.440 --> 39:54.280] It does not apply to evictions.
[39:54.280 --> 39:56.160] Explain why.
[39:56.160 --> 40:02.360] Because after the foreclosure, you no longer own the property.
[40:02.360 --> 40:07.440] Yeah, so it's not even included in the bankruptcy at all.
[40:07.440 --> 40:08.440] Right.
[40:08.440 --> 40:14.280] You can't even, yeah, once you've been foreclosed, you don't have a claim to the property anymore.
[40:14.280 --> 40:16.480] So you can't write it off.
[40:16.480 --> 40:20.040] You can't get it discharged.
[40:20.040 --> 40:22.080] Okay.
[40:22.080 --> 40:23.080] That is correct.
[40:23.080 --> 40:34.160] However, if you are occupying a structure and you file bankruptcy, there's a stay in
[40:34.160 --> 40:36.960] evicting you from the structure.
[40:36.960 --> 40:43.200] Well, not according to recent case law here in the Texas courts.
[40:43.200 --> 40:51.800] I have the understanding that most all constables who perform evictions have been schooled on
[40:51.800 --> 40:53.840] this.
[40:53.840 --> 40:54.960] They've taken classes.
[40:54.960 --> 41:01.640] I've spoken with the constables out of precinct five here in Travis County, and they have
[41:01.640 --> 41:04.720] been schooled on this.
[41:04.720 --> 41:12.160] And they have been instructed that if they are to execute a writ of possession and the
[41:12.160 --> 41:19.560] possessor of the property files bankruptcy, they are to proceed with the execution of
[41:19.560 --> 41:30.760] the writ of possession because it is arguably, it is presumed that the homeowner no longer
[41:30.760 --> 41:33.360] has a right to claim the property.
[41:33.360 --> 41:39.280] Now, you and I both know that can be argued, but I'm just saying that this is the purview
[41:39.280 --> 41:44.920] of the constables who are there to remove, physically remove your, you and your property
[41:44.920 --> 41:48.280] from the structure.
[41:48.280 --> 41:53.440] That sounds really dangerous to tell a constable something like that.
[41:53.440 --> 42:02.960] We had a kid in Houston who was foreclosed on, he filed, they went to the eviction hearing,
[42:02.960 --> 42:04.400] they ruled against him.
[42:04.400 --> 42:19.560] He filed bankruptcy and the lawyer sent the constables out to evict and the bankruptcy
[42:19.560 --> 42:26.040] trustee had a field day with the lawyer, brought him in for an evidentiary hearing, didn't
[42:26.040 --> 42:30.200] sanction him, but really crawled down his throat.
[42:30.200 --> 42:35.760] They're telling these constables to mess with a federal judge.
[42:35.760 --> 42:36.760] That's deep water.
[42:36.760 --> 42:43.080] And generally, like if you're a tenant in a property and you haven't paid and they're
[42:43.080 --> 42:48.200] trying to evict you and you file bankruptcy, they can't throw you out in the street while
[42:48.200 --> 42:49.200] you're in bankruptcy.
[42:49.200 --> 42:51.760] They'll get a stay.
[42:51.760 --> 42:55.920] So I'd be dubious about these constables.
[42:55.920 --> 42:58.440] I would definitely want to look deeper into that.
[42:58.440 --> 43:02.360] Yeah, no doubt, but I'm not saying it's right or wrong.
[43:02.360 --> 43:08.000] I'm just saying that these guys have been schooled on this and they have it locked in
[43:08.000 --> 43:11.160] their heads that the bankruptcy doesn't matter.
[43:11.160 --> 43:13.800] They're there to get you out.
[43:13.800 --> 43:18.880] They're putting these constables in front of a federal judge.
[43:18.880 --> 43:19.880] Hoo-hah.
[43:19.880 --> 43:20.880] Yeah.
[43:20.880 --> 43:24.120] They might be throwing them under the bus.
[43:24.120 --> 43:25.920] They may be.
[43:25.920 --> 43:28.840] But that doesn't put your stuff back in the house.
[43:28.840 --> 43:29.840] I understand.
[43:29.840 --> 43:30.840] I understand.
[43:30.840 --> 43:36.280] I hear the music in the background.
[43:36.280 --> 43:40.040] Sonny, do you have anything else, sir?
[43:40.040 --> 43:42.760] That'll be it for tonight.
[43:42.760 --> 43:43.760] Okay.
[43:43.760 --> 43:44.760] Thank you for calling in.
[43:44.760 --> 43:48.800] When we come back from this break, folks, we're going to go to Johnny in Texas.
[43:48.800 --> 43:54.120] And 512-646-1984 is the number to dial to join us in conversation.
[43:54.120 --> 43:56.120] Do so and we'll be right back.
[43:56.120 --> 43:57.120] Stay tuned.
[43:57.120 --> 43:58.120] Hello.
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[45:01.240 --> 45:04.440] Are you the plaintiff or defendant in a lawsuit?
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[47:02.040 --> 47:06.200] Welcome back to Rule of Law Radio, folks, and before we go to Johnny in Texas, I'd like
[47:06.200 --> 47:17.880] to mention that Denver Stevens has extended the drawing for the fun drive, the drawing
[47:17.880 --> 47:27.640] for the Glock handgun until when, Randy, help me out here, 15th?
[47:27.640 --> 47:30.240] I'm not sure she didn't tell me.
[47:30.240 --> 47:36.520] I believe it's the 15th, thank you very much.
[47:36.520 --> 47:44.960] So folks, if you want to get your name in the hat for a pistol or for some CHL classes,
[47:44.960 --> 47:46.520] this would be the time to do it.
[47:46.520 --> 47:49.920] 15th is coming up right around the corner, and we're running out of time.
[47:49.920 --> 47:51.600] Today is the 6th.
[47:51.600 --> 47:55.200] That gives you roughly 11 days to get your name in the hat.
[47:55.200 --> 48:02.520] So go to Logos Radio, every, I believe I heard the other night, and Deborah is listening
[48:02.520 --> 48:03.520] in the background.
[48:03.520 --> 48:13.680] I'm sure she'll correct me if I'm wrong, that every purchase of the 2009 traffic seminar
[48:13.680 --> 48:23.520] gets you several opportunities, 10 opportunities to win this drawing, but every $25 donation
[48:23.520 --> 48:26.640] gets you name in the hat one time.
[48:26.640 --> 48:35.840] And folks, this is a really good opportunity not only to get yourself a dependable personal
[48:35.840 --> 48:43.320] protection device and lessons on how to use it properly, but it's also an opportunity
[48:43.320 --> 48:47.440] to help support this radio network.
[48:47.440 --> 48:54.120] And our regular listeners know the value of the information that we bring to the air.
[48:54.120 --> 48:59.760] I just wish more people would know of that, of the value of our network.
[48:59.760 --> 49:05.560] So please, by all means, go to Logos Radio, sign up, and help keep us on the air and get
[49:05.560 --> 49:10.400] your name in the hat for a pistol or some CHL classes.
[49:10.400 --> 49:16.920] Steve, I just wanted to allay one of your fears.
[49:16.920 --> 49:24.280] If you seem to be concerned that rather Deborah would let you know if you were wrong, I assure
[49:24.280 --> 49:26.280] you, she will.
[49:26.280 --> 49:30.600] Oh, I was wondering what I was afraid of.
[49:30.600 --> 49:31.600] Okay.
[49:31.600 --> 49:32.600] Yeah.
[49:32.600 --> 49:38.360] Well, and with no further ado, let's go speak with Johnny in Texas.
[49:38.360 --> 49:42.240] Johnny, I believe you got a question about foreclosures here in Texas, sir.
[49:42.240 --> 49:43.240] What say you?
[49:43.240 --> 49:47.160] Am I on air?
[49:47.160 --> 49:48.160] You are on the air.
[49:48.160 --> 49:49.160] Okay.
[49:49.160 --> 49:50.160] I just want to make sure.
[49:50.160 --> 49:51.160] Yes, sir.
[49:51.160 --> 49:52.160] So mind your P's and Q's.
[49:52.160 --> 49:53.160] Okay.
[49:53.160 --> 50:00.800] I don't have a lot of my notes in front of me, but I talked to you about, oh, six weeks
[50:00.800 --> 50:02.280] ago, five weeks ago.
[50:02.280 --> 50:03.280] Okay.
[50:03.280 --> 50:10.600] I had a bankruptcy and I, let me see, I filed it the 31st of January, a 13th of January.
[50:10.600 --> 50:12.200] Let me push you pause button right there.
[50:12.200 --> 50:16.440] Is this pre or post foreclosure?
[50:16.440 --> 50:21.080] Hello, Johnny.
[50:21.080 --> 50:23.400] Okay.
[50:23.400 --> 50:27.560] Is this pre foreclosure or post foreclosure?
[50:27.560 --> 50:31.760] Well, I reopened it.
[50:31.760 --> 50:33.680] It didn't have an objection.
[50:33.680 --> 50:36.840] Have you been foreclosed on it?
[50:36.840 --> 50:38.440] Yes.
[50:38.440 --> 50:39.440] Okay.
[50:39.440 --> 50:40.440] Continue.
[50:40.440 --> 50:47.120] Well, before you continue, I'm going to ask, did you hear my comment before we went to
[50:47.120 --> 50:50.560] break regarding post foreclosure bankruptcies?
[50:50.560 --> 50:51.560] Yes.
[50:51.560 --> 50:52.560] Okay.
[50:52.560 --> 50:55.560] How's it going for you?
[50:55.560 --> 50:58.160] Pretty good.
[50:58.160 --> 50:59.760] Okay.
[50:59.760 --> 51:02.040] When did you file?
[51:02.040 --> 51:06.760] I filed it the 31st of January, 2014.
[51:06.760 --> 51:10.240] And when were you foreclosed?
[51:10.240 --> 51:13.280] The 2nd of December.
[51:13.280 --> 51:15.280] Okay.
[51:15.280 --> 51:23.240] It was discharged, the bankruptcy, the 28th of July.
[51:23.240 --> 51:31.080] I filed to reopen and to reinstate the state.
[51:31.080 --> 51:33.400] And it was granted on the 16th.
[51:33.400 --> 51:34.400] Okay.
[51:34.400 --> 51:44.080] I filed the papers on November to reopen on the 25th of November, the judge signed it
[51:44.080 --> 51:45.080] the 16th.
[51:45.080 --> 51:47.400] But when I filed it-
[51:47.400 --> 51:51.360] Wait, 16th of November, December, January what?
[51:51.360 --> 51:53.560] 16th of December.
[51:53.560 --> 51:54.560] Okay.
[51:54.560 --> 51:56.560] Go ahead.
[51:56.560 --> 51:57.560] Okay.
[51:57.560 --> 52:06.440] I filed at the 20th, the bankruptcy to reopen at the 25th of November.
[52:06.440 --> 52:11.840] And I went over to the deed records and I filed it and turned around and got a certified
[52:11.840 --> 52:19.560] copy where I filed in the deed records on the 25th to be foreclosed on the 2nd.
[52:19.560 --> 52:26.360] The judge got around, you know, holidays coming up in Thanksgiving, and anyway, he signed
[52:26.360 --> 52:32.240] it the 16th of December.
[52:32.240 --> 52:37.760] And it was to reopen and to reinstate the automatic state.
[52:37.760 --> 52:43.240] Well, he told me that in court and I said, well, I've got an order here.
[52:43.240 --> 52:45.120] I said, well, can you just scratch it out?
[52:45.120 --> 52:48.760] He said, well, come up here and I'll do that.
[52:48.760 --> 52:58.360] He failed to scratch out the word reinstate state, so it's showing that it's reinstated.
[52:58.360 --> 52:59.360] Okay.
[52:59.360 --> 53:07.720] But anyway, I've been doing a lot of real deep research and I don't know if you know
[53:07.720 --> 53:19.920] this, but they cannot foreclose on a person that's in a remit unless they have on the,
[53:19.920 --> 53:31.440] I think it's IRS 860D or with a letter on the end of it, they have to have an okay that
[53:31.440 --> 53:33.000] they're going to foreclose.
[53:33.000 --> 53:40.720] If they do not have that letter from the IRS, because it's in a remit, they cannot foreclose.
[53:40.720 --> 53:44.880] Was this a home equity loan or a first lien?
[53:44.880 --> 53:45.880] First lien.
[53:45.880 --> 53:46.880] Oh, okay.
[53:46.880 --> 53:47.880] Okay.
[53:47.880 --> 53:52.880] And a lot of people don't know this.
[53:52.880 --> 53:53.880] There's a lot of taxes.
[53:53.880 --> 53:54.880] Okay.
[53:54.880 --> 53:56.200] They never got it in the remit.
[53:56.200 --> 54:01.760] It's never been in the remit ever, no assignment, the assignment, they faked it, but it's not
[54:01.760 --> 54:02.760] in the remit.
[54:02.760 --> 54:04.880] It never was.
[54:04.880 --> 54:08.440] What makes you say so?
[54:08.440 --> 54:12.520] What makes you say that?
[54:12.520 --> 54:19.120] Because it falls under America's wholesale lender, a New York corporation that never
[54:19.120 --> 54:21.760] existed.
[54:21.760 --> 54:24.160] That's understood.
[54:24.160 --> 54:31.920] And it's seven years too late, only assignment because you're in that 90-day window.
[54:31.920 --> 54:32.920] Okay.
[54:32.920 --> 54:33.920] Okay.
[54:33.920 --> 54:47.400] There's tax that's owed on the property, not property tax, that's 115%.
[54:47.400 --> 54:50.960] What kind of tax if it's not property tax?
[54:50.960 --> 54:53.280] Is there an IRS lien on it?
[54:53.280 --> 54:59.440] No, I'm going to put that IRS lien on it, which I have a right to.
[54:59.440 --> 55:00.440] You can't.
[55:00.440 --> 55:02.320] The IRS would.
[55:02.320 --> 55:03.320] No.
[55:03.320 --> 55:11.360] Well, yes and no, because I can file a document and I've got the case law that says that I
[55:11.360 --> 55:14.600] can do that with the IRS.
[55:14.600 --> 55:22.080] There's two taxes, 100% and 15%, which adds up to 115%.
[55:22.080 --> 55:23.080] My investment-
[55:23.080 --> 55:24.080] Okay.
[55:24.080 --> 55:25.080] Okay.
[55:25.080 --> 55:26.080] Hold on.
[55:26.080 --> 55:29.080] Referential index, 115% of what?
[55:29.080 --> 55:30.080] Of what?
[55:30.080 --> 55:35.360] Of the investment security or promissory note, which I'll call it.
[55:35.360 --> 55:40.000] My promissory note was $82,900.
[55:40.000 --> 55:55.040] They owe $95,335 for tax as a donor, that's me, and transferor, O-R, to the donee, the
[55:55.040 --> 56:02.200] trustee, I can do that, but the power of appointment of 1951-
[56:02.200 --> 56:04.000] Wait a minute.
[56:04.000 --> 56:08.200] What would be the point of putting a tax lien on your property?
[56:08.200 --> 56:15.160] Okay, it's not a tax lien on property, it's a tax lien on the remit that didn't exist.
[56:15.160 --> 56:16.160] Okay.
[56:16.160 --> 56:17.160] So, okay.
[56:17.160 --> 56:18.600] You can't pay that.
[56:18.600 --> 56:22.960] So, I think I'm starting to understand where you're going.
[56:22.960 --> 56:30.200] You're saying that the investors are liable for taxes on their investments in the remit
[56:30.200 --> 56:35.400] due to the fact that they screwed the remit up and did not comply with applicable law
[56:35.400 --> 56:46.160] by getting your mortgage and chances are several others in the remit in a timely manner.
[56:46.160 --> 56:50.520] Now, for clarification, let me draw this analogy.
[56:50.520 --> 56:56.840] If there's a concert and you have tickets to the concert and your ticket says that the
[56:56.840 --> 57:06.880] concert will take place on January the 15th from 10 o'clock to midnight and you show up
[57:06.880 --> 57:13.520] on January the 27th at noon, did you go to the concert?
[57:13.520 --> 57:17.240] No, you did not, you missed it.
[57:17.240 --> 57:21.160] You didn't hear not one note.
[57:21.160 --> 57:25.120] The same principle applies to these remics.
[57:25.120 --> 57:30.240] Now, for clarification, people that don't understand what remic means, it's REMIC.
[57:30.240 --> 57:36.560] It is an acronym for Real Estate Investment Conduit.
[57:36.560 --> 57:47.200] This is the trust in which up to 10,000 mortgage-backed securities are held either by private interest
[57:47.200 --> 57:56.360] entities or Freddie Mac, Fannie Mae, Jenny Mae, or somewhere on Wall Street.
[57:56.360 --> 58:05.480] So you're saying that, let me see if I'm reading you right here, John, you're saying that since
[58:05.480 --> 58:12.240] your mortgage did not make it into the remic in a timely manner, now the investors are
[58:12.240 --> 58:22.520] liable for at least 100% taxation on all securities in the remic, is that correct?
[58:22.520 --> 58:29.280] The investors are second, the bank service company is number one.
[58:29.280 --> 58:34.000] Okay, let me pause you right there and we'll revisit this on the other side of the break.
[58:34.000 --> 58:37.720] I hate that we're going to a break because we're starting to get into the meat and potatoes
[58:37.720 --> 58:43.800] business, but folks, 512-646-1984 will join you in conversation with Randy and myself.
[58:43.800 --> 58:50.440] You're listening to Rule of Law Radio, we'll be right back, stay tuned.
[58:50.440 --> 58:54.600] Would you like to make more definite progress in your walk with God?
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[59:48.440 --> 01:00:03.360] You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:03.360 --> 01:00:07.680] This is the Liberty Beat, your daily source for Liberty news and activities updates, online
[01:00:07.680 --> 01:00:09.240] at thelibertybeat.com.
[01:00:09.240 --> 01:00:13.720] I'm Brian Hagan with your Liberty Beat for Friday, February 6, 2015.
[01:00:13.720 --> 01:00:20.760] Gold is trading at $1,264, silver, $17.22, and bitcoin, around $218.
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[01:00:54.080 --> 01:00:56.520] security in a time of crisis.
[01:00:56.520 --> 01:01:01.120] In the news, the Transportation Security Administration, the Philadelphia Police Department, and the
[01:01:01.120 --> 01:01:05.680] Department of Homeland Security are being sued after arresting a man on false charges
[01:01:05.680 --> 01:01:08.320] and lying about the facts in court.
[01:01:08.320 --> 01:01:14.200] In 2013, Roger Vanderklok was stopped and questioned by TSA workers over power bar snacks
[01:01:14.200 --> 01:01:15.840] and a watch in his bag.
[01:01:15.840 --> 01:01:20.200] Vanderklok says there was a misunderstanding between him and the TSA.
[01:01:20.200 --> 01:01:23.960] After his bag was cleared of hazardous materials, he asked to file a complaint.
[01:01:23.960 --> 01:01:28.120] Instead, he was put into a holding area and the Philadelphia police were called.
[01:01:28.120 --> 01:01:32.360] He was arrested and charged with threatening the placement of a bomb and making terroristic
[01:01:32.360 --> 01:01:33.360] threats.
[01:01:33.360 --> 01:01:38.280] At his trial, a TSA supervisor claimed Vanderklok was getting agitated, waving his hands at
[01:01:38.280 --> 01:01:41.120] the air, and threatened to bring a bomb through security.
[01:01:41.120 --> 01:01:46.680] However, surveillance video proved the supervisor was lying and Vanderklok was acquitted.
[01:01:46.680 --> 01:01:53.840] He's now suing the agencies for their participation in depriving him of his liberty.
[01:01:53.840 --> 01:01:58.240] A new report from the American Civil Liberties Union of North Carolina has found that more
[01:01:58.240 --> 01:02:03.200] than 70 North Carolina law enforcement agencies use surveillance tools, including automatic
[01:02:03.200 --> 01:02:07.320] license plate readers and cell site simulators known as sting ranks.
[01:02:07.320 --> 01:02:13.000] The ACLUNC and former state senator and criminal defense attorney, Tom Gulsby, held a briefing
[01:02:13.000 --> 01:02:15.440] on the growing surveillance and privacy issues.
[01:02:15.440 --> 01:02:19.560] In response to the growth of surveillance tools focusing on domestic communications,
[01:02:19.560 --> 01:02:23.880] the ACLUNC is supporting legislation which would require the police to get a warrant
[01:02:23.880 --> 01:02:26.360] for gathering digital data.
[01:02:26.360 --> 01:02:32.400] The Liberty Beat is made possible by WatchMyBit.com, the first ever micropayment-based video service.
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[01:02:51.440 --> 01:02:55.360] This is the Liberty Beat for Friday, February 6, 2015.
[01:02:55.360 --> 01:03:09.000] Check out the website at TheLibertyBeat.com.
[01:03:09.000 --> 01:03:38.920] Welcome back to Rural Law Radio, folks.
[01:03:38.920 --> 01:03:42.560] John in Texas.
[01:03:42.560 --> 01:03:48.400] Let's go back to the beginning because I've noticed something here where it's a lot easier
[01:03:48.400 --> 01:03:52.120] to follow with a succinct timeline.
[01:03:52.120 --> 01:03:59.040] And instead of going from B to D to S to R to L, let's see if we can start over and go
[01:03:59.040 --> 01:04:00.280] from A through Z.
[01:04:00.280 --> 01:04:01.280] Okay.
[01:04:01.280 --> 01:04:02.280] You there?
[01:04:02.280 --> 01:04:08.200] Ah, you know, it might help if I unmute you.
[01:04:08.200 --> 01:04:10.800] There you go.
[01:04:10.800 --> 01:04:19.040] So can we back up a few notches and bring us forward in a succinct timeline?
[01:04:19.040 --> 01:04:20.040] Start all over?
[01:04:20.040 --> 01:04:21.040] Yes, sir.
[01:04:21.040 --> 01:04:22.040] Okay.
[01:04:22.040 --> 01:04:23.040] All the way.
[01:04:23.040 --> 01:04:28.960] I filed bankruptcy the 31st of January, 2014.
[01:04:28.960 --> 01:04:29.960] Okay.
[01:04:29.960 --> 01:04:30.960] Chapter 13.
[01:04:30.960 --> 01:04:41.520] About a month later, I converted from a 13 to a 7.
[01:04:41.520 --> 01:04:46.320] Nobody objected to my bankruptcy.
[01:04:46.320 --> 01:04:58.760] I did not put the alleged lien holder on 7, and I also put, it was Bank of America.
[01:04:58.760 --> 01:04:59.760] Okay.
[01:04:59.760 --> 01:05:09.480] And I also put Bank of America as exempt property on Part A, on the bankruptcy.
[01:05:09.480 --> 01:05:10.480] Okay.
[01:05:10.480 --> 01:05:16.600] It was discharged the 28th or maybe the 23rd of July.
[01:05:16.600 --> 01:05:17.760] Okay, hold on.
[01:05:17.760 --> 01:05:25.460] It was discharged, the mortgage or the bankruptcy?
[01:05:25.460 --> 01:05:26.460] The bankruptcy.
[01:05:26.460 --> 01:05:27.460] Okay.
[01:05:27.460 --> 01:05:32.000] And I added pronouns to make us all crazy.
[01:05:32.000 --> 01:05:35.200] Okay.
[01:05:35.200 --> 01:05:43.680] So things rocked along, and I'll left out one part.
[01:05:43.680 --> 01:05:49.640] The promissory note, and I'll keep it simple, it's not a promissory note, it's investment,
[01:05:49.640 --> 01:06:00.400] is for $82,900, and I was to be foreclosed on the 4th of February, 2014, I filed bankruptcy
[01:06:00.400 --> 01:06:01.400] stopping.
[01:06:01.400 --> 01:06:07.880] They lowered the price to $32,500.
[01:06:07.880 --> 01:06:10.880] That's a pretty good jump.
[01:06:10.880 --> 01:06:13.880] Yes, it is.
[01:06:13.880 --> 01:06:19.560] There's a lot of people they talk about, well, that's where they're going to start at.
[01:06:19.560 --> 01:06:24.120] Well, I used to auction real estate.
[01:06:24.120 --> 01:06:30.760] If there's only one person there, they just bought a house for $32,500.
[01:06:30.760 --> 01:06:32.480] Right.
[01:06:32.480 --> 01:06:40.960] As I understand it, an auction, the person bringing the item gets one bid.
[01:06:40.960 --> 01:06:47.040] First bid, which constitutes a reserve or last bid.
[01:06:47.040 --> 01:06:49.720] That's it, he gets one bid.
[01:06:49.720 --> 01:06:52.320] Is that correct, John?
[01:06:52.320 --> 01:06:53.320] Yeah.
[01:06:53.320 --> 01:06:57.040] And that's what it was.
[01:06:57.040 --> 01:07:12.160] So anyway, it was discharged the 23rd of July, and I paid $51,000 into the payment, the
[01:07:12.160 --> 01:07:13.160] interest in all $51,000.
[01:07:13.160 --> 01:07:18.480] You know, $32,500 subtract, you know, there's a little bit of overage there.
[01:07:18.480 --> 01:07:23.360] So anyway, I've got a letter from those, I can't take those people over in Dallas, they're
[01:07:23.360 --> 01:07:24.360] kind of attorneys.
[01:07:24.360 --> 01:07:30.240] I talked to them for England and- Barrett, Devin, Fracair, Turner, and Engel.
[01:07:30.240 --> 01:07:31.240] Yeah.
[01:07:31.240 --> 01:07:41.720] I got a letter from them, and they want me to pay $100,000 for the loan with Bank of
[01:07:41.720 --> 01:07:44.800] America.
[01:07:44.800 --> 01:07:52.720] That was about somewhere in September.
[01:07:52.720 --> 01:08:00.880] But before that, I got a letter from, about three weeks after it was discharged, the bankruptcy,
[01:08:00.880 --> 01:08:11.080] I got a letter from Bank of America, it was $100,000, well anyway, I got a letter from
[01:08:11.080 --> 01:08:21.200] Bank of America, and it said in there that the property was worth $83,000.
[01:08:21.200 --> 01:08:28.200] And they backdated it four months, which is about the 17th of April.
[01:08:28.200 --> 01:08:29.200] Are you following me?
[01:08:29.200 --> 01:08:30.200] Yes.
[01:08:30.200 --> 01:08:31.200] Three weeks after it closed.
[01:08:31.200 --> 01:08:36.200] Well, you know, that, that, that company over there, they said they wanted $100,000.
[01:08:36.200 --> 01:08:39.640] So I just kind of rocked along, then it got pretty tough with me.
[01:08:39.640 --> 01:08:47.720] They gave me 21 days, the 20, and then they gave me a 21-day notice, and I went down there
[01:08:47.720 --> 01:08:53.000] to file bankruptcy and had it reopened.
[01:08:53.000 --> 01:09:00.240] And the judge, they signed it the 16th, I filed it the 25th of November, the day before
[01:09:00.240 --> 01:09:05.520] Thanksgiving, and I filed it and turned around and got a certified copy in the deed records.
[01:09:05.520 --> 01:09:08.800] Well, they went ahead and full closed on it.
[01:09:08.800 --> 01:09:12.880] They bid it in at $40,000.
[01:09:12.880 --> 01:09:19.200] Well, the problem with that is, when they bid it in at $40,000, they're supposed to
[01:09:19.200 --> 01:09:24.920] pay $40,000 to go down to the bank and get a cashier's check to pay it.
[01:09:24.920 --> 01:09:27.800] They can't just say, well, we're going to bid it in at $40,000.
[01:09:27.800 --> 01:09:32.800] I thought they were supposed to put that on the registry at the auction.
[01:09:32.800 --> 01:09:33.800] They did.
[01:09:33.800 --> 01:09:34.800] Okay.
[01:09:34.800 --> 01:09:35.800] Okay.
[01:09:35.800 --> 01:09:41.240] But you have to tell where that check come from, what the bank did it on, T-Row or something
[01:09:41.240 --> 01:09:42.240] like that.
[01:09:42.240 --> 01:09:48.160] So anyway, I'm rocked along here and do some more real deep, deep researching.
[01:09:48.160 --> 01:09:51.200] And this is a HUD home.
[01:09:51.200 --> 01:09:59.920] And when you sell a HUD home at auction, you're supposed to have a letter from HUD, $3,755
[01:09:59.920 --> 01:10:00.920] or maybe $3,756.
[01:10:00.920 --> 01:10:06.560] You're supposed to have a letter from HUD and you're also, you're supposed to have
[01:10:06.560 --> 01:10:17.020] a letter, maybe it's not a letter to the IRS for the Treasury Department, along with when
[01:10:17.020 --> 01:10:22.080] you file the 860 with the IRS.
[01:10:22.080 --> 01:10:25.960] If you haven't filed that, you cannot full close.
[01:10:25.960 --> 01:10:30.280] But these attorneys, they go ahead and do what they want to.
[01:10:30.280 --> 01:10:32.520] Sure they do.
[01:10:32.520 --> 01:10:35.800] And they're full closing.
[01:10:35.800 --> 01:10:41.120] The law firm that you're speaking about, they're pretty brash.
[01:10:41.120 --> 01:10:49.000] They've got a department in the law firm who actually lobbies Congress.
[01:10:49.000 --> 01:10:51.560] They've got clout.
[01:10:51.560 --> 01:10:56.640] They're taking very seriously in court.
[01:10:56.640 --> 01:11:00.920] So yeah, they can get away with a whole lot of stuff that you and I can't.
[01:11:00.920 --> 01:11:06.800] Well, a person really has to kind of like be a little gutsy.
[01:11:06.800 --> 01:11:07.800] Anyway.
[01:11:07.800 --> 01:11:08.800] Yes.
[01:11:08.800 --> 01:11:13.960] The remake that I am in, or they think I'm in, I'm not in it.
[01:11:13.960 --> 01:11:23.280] It's CWABS, which is Countrywide Mortgage Back Security 205-3.
[01:11:23.280 --> 01:11:33.520] There's 11,140 contracts or mortgage deeds in it.
[01:11:33.520 --> 01:11:41.000] A year later, there was four, you know, two plus two is four.
[01:11:41.000 --> 01:11:42.000] Okay.
[01:11:42.000 --> 01:11:48.920] All of that is 115% tax also to the IRS.
[01:11:48.920 --> 01:11:53.600] They owe that to the IRS because they did not file their papers.
[01:11:53.600 --> 01:11:59.520] When I say papers, I'm talking, as y'all call it, promissory note, deed of trust.
[01:11:59.520 --> 01:12:01.840] But it goes on and on.
[01:12:01.840 --> 01:12:03.880] They've got to have the title policy.
[01:12:03.880 --> 01:12:06.360] They have to have the application.
[01:12:06.360 --> 01:12:11.760] They have to have, it's about eight or nine or 10 different instruments.
[01:12:11.760 --> 01:12:14.960] Now instrument is one thing, document is another.
[01:12:14.960 --> 01:12:15.960] Correct.
[01:12:15.960 --> 01:12:19.200] This is like what you file in the courthouse.
[01:12:19.200 --> 01:12:20.200] Correct.
[01:12:20.200 --> 01:12:24.680] Well, anyway, they didn't do that and they owe that 115%.
[01:12:24.680 --> 01:12:31.800] Now then, if they don't pay that, they are the ones that get the money first.
[01:12:31.800 --> 01:12:32.940] It says that.
[01:12:32.940 --> 01:12:38.960] We get our money first and nobody gets any money, no attorney, no trustee, nobody.
[01:12:38.960 --> 01:12:42.380] We get our money first and that's what it says.
[01:12:42.380 --> 01:12:45.680] They go ahead and do what they want to do.
[01:12:45.680 --> 01:12:52.000] Now the problem is if there's 115% that's owed and you can bring this up and file the
[01:12:52.000 --> 01:13:10.160] paper, you can file, give me five seconds here, 3949A with the IRS and also a 4490.
[01:13:10.160 --> 01:13:13.080] And that will kind of push them along a little bit.
[01:13:13.080 --> 01:13:18.880] And sometimes this IRS, even though it's a foreign company or people think it's part
[01:13:18.880 --> 01:13:20.760] of the United States, it's not.
[01:13:20.760 --> 01:13:21.760] It's not.
[01:13:21.760 --> 01:13:22.760] They...
[01:13:22.760 --> 01:13:23.760] Huh?
[01:13:23.760 --> 01:13:24.760] No, it's not.
[01:13:24.760 --> 01:13:25.760] You're correct.
[01:13:25.760 --> 01:13:26.760] It's not.
[01:13:26.760 --> 01:13:28.760] It's part of the IMF.
[01:13:28.760 --> 01:13:29.760] Yes.
[01:13:29.760 --> 01:13:34.160] Well, it's the private collection wing for the Federal Reserve, which is tied into the
[01:13:34.160 --> 01:13:35.160] IMF.
[01:13:35.160 --> 01:13:36.160] Yeah.
[01:13:36.160 --> 01:13:37.160] Continue.
[01:13:37.160 --> 01:13:38.160] Yeah.
[01:13:38.160 --> 01:13:46.280] Incidentally, this is real important, see the people out there that have the homes like
[01:13:46.280 --> 01:13:51.840] me, they're the lender, you know, they got the money from me.
[01:13:51.840 --> 01:13:55.720] And you should file, oh man, what is that?
[01:13:55.720 --> 01:14:02.320] I think it's 8381 with a 1099-OYD, got to do them both.
[01:14:02.320 --> 01:14:06.200] Don't just go in there and do a 1099-OYD.
[01:14:06.200 --> 01:14:11.760] You've got to piggyback it with that 8381, I believe that's what it is.
[01:14:11.760 --> 01:14:13.400] And that says, where did they get the money?
[01:14:13.400 --> 01:14:16.080] They got the money from you.
[01:14:16.080 --> 01:14:20.040] That's the way you got to piggyback it with that 1099-OYD.
[01:14:20.040 --> 01:14:27.560] Well, anyway, the IRS is holding off.
[01:14:27.560 --> 01:14:28.560] They already know this.
[01:14:28.560 --> 01:14:34.760] There's, I think it's about several trillion dollars that's owed and they're just sitting
[01:14:34.760 --> 01:14:42.280] tight because it'd be real bad if somebody was to file papers, you know, make them go
[01:14:42.280 --> 01:14:45.960] after it.
[01:14:45.960 --> 01:14:52.240] And they're probably looking at some papers that came from Fort Worth, Texas.
[01:14:52.240 --> 01:14:56.760] Anyway, they can't do a lot of stuff, but they do it anyway.
[01:14:56.760 --> 01:14:58.760] They lose taxes.
[01:14:58.760 --> 01:15:07.680] Now, I, as long as everybody else has homes and furnish the money, I'm the donor.
[01:15:07.680 --> 01:15:16.680] And the transferor, O-R, that's doing a transfer to the don't-e, E-E.
[01:15:16.680 --> 01:15:22.960] And you can tag, which this is legal, and you've got the IRS behind you.
[01:15:22.960 --> 01:15:25.200] You can tag that trustee.
[01:15:25.200 --> 01:15:30.560] Now, they don't want to pay that tax, and by law, they have to.
[01:15:30.560 --> 01:15:32.560] People don't know this.
[01:15:32.560 --> 01:15:44.080] Well, if they have to pay the taxes, whatever number I told you, it's 95,000, $335, on a
[01:15:44.080 --> 01:15:47.280] $40,000 foreclosure, they don't want to do that.
[01:15:47.280 --> 01:15:50.680] They're personally liable.
[01:15:50.680 --> 01:15:59.800] They may change their mind about wanting to take the property, but they're not supposed
[01:15:59.800 --> 01:16:00.800] to do that.
[01:16:00.800 --> 01:16:07.040] I mean, I'm in the process of filing these papers, literally.
[01:16:07.040 --> 01:16:08.040] Okay.
[01:16:08.040 --> 01:16:16.160] Well, they've already got some of them, but if you've got the IRS helping you, and by
[01:16:16.160 --> 01:16:25.280] law, they have to, on your 4490s and your 3949-A, they have to do that.
[01:16:25.280 --> 01:16:30.040] We're going to see what happens.
[01:16:30.040 --> 01:16:31.040] But I'm in Texas.
[01:16:31.040 --> 01:16:32.040] This is going to be interesting.
[01:16:32.040 --> 01:16:33.040] There's 254 Waste Practice Law in the state of Texas.
[01:16:33.040 --> 01:16:34.040] There's 254 counties.
[01:16:34.040 --> 01:16:46.080] Well, John, I hear the music in the background, I'd kind of like to address this tax issue
[01:16:46.080 --> 01:16:50.360] with the Remic, but we'll do that on the other side of this break.
[01:16:50.360 --> 01:16:51.360] 512-646-1984.
[01:16:51.360 --> 01:16:54.040] Join us in conversation.
[01:16:54.040 --> 01:16:58.800] You're listening to Rural Law Radio with Randy Kelton and Steve Skidmore.
[01:16:58.800 --> 01:17:00.800] We'll be right back.
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[01:19:13.400 --> 01:19:36.400] Oh, come on.
[01:19:36.400 --> 01:19:56.400] Welcome back to Rule of Law Radio, folks.
[01:19:56.400 --> 01:20:01.400] 512-646-1984 will put you in line behind John.
[01:20:01.400 --> 01:20:11.400] We're in the last hour of the show, so give us a call, get in line, and with no further
[01:20:11.400 --> 01:20:13.400] ado, we'll go back to John in Texas.
[01:20:13.400 --> 01:20:25.400] Now, John, when I was working with the PI companies, I've seen every Remic out there.
[01:20:25.400 --> 01:20:37.400] I'll go out on limb by saying every single Remic on Wall Street held by Fannie, Freddie,
[01:20:37.400 --> 01:20:47.400] Jenny Mae, they are all, without an exception, liable for at least 100% taxation.
[01:20:47.400 --> 01:20:52.400] Now, keep in mind, folks, these Remics are pass-through trusts.
[01:20:52.400 --> 01:20:59.400] That means if these guys dot all their I's, cross all their T's, they don't have to pay
[01:20:59.400 --> 01:21:05.400] taxes on the investments, that is, the investors do not have to pay taxes on the investments
[01:21:05.400 --> 01:21:14.400] until they cash in their chips, and then they get a really lenient tax rate at that.
[01:21:14.400 --> 01:21:24.400] However, if they screw up the trust, they're liable for 100% of the taxes, and it's considered
[01:21:24.400 --> 01:21:28.400] income tax because it's an investment.
[01:21:28.400 --> 01:21:31.400] It's a capital gains tax.
[01:21:31.400 --> 01:21:44.400] So, the biggest question here from me to you, John, is something that's puzzled me for several
[01:21:44.400 --> 01:21:53.400] years, and that is, how in the world do we get these financial institutions and these
[01:21:53.400 --> 01:21:57.400] investors to pay the taxes on these things when they screw up the Remics?
[01:21:57.400 --> 01:22:05.400] And it's sounding more to me like you're going toward that remedy.
[01:22:05.400 --> 01:22:08.400] Yes, it's in the process.
[01:22:08.400 --> 01:22:10.400] Good man.
[01:22:10.400 --> 01:22:13.400] I might end up dead, but I'm doing it.
[01:22:13.400 --> 01:22:16.400] Hey, I need to tell you something before I forget it.
[01:22:16.400 --> 01:22:17.400] Okay.
[01:22:17.400 --> 01:22:22.400] You're familiar with rescission, you know, you got your three-year in there anytime it's
[01:22:22.400 --> 01:22:23.400] in foreclosure.
[01:22:23.400 --> 01:22:24.400] Yes.
[01:22:24.400 --> 01:22:27.400] There's another one that people don't know about.
[01:22:27.400 --> 01:22:33.400] Are you familiar with the Frank Dodd, Public Law 111- huh?
[01:22:33.400 --> 01:22:36.400] I'm very familiar with Frank Dodd Act.
[01:22:36.400 --> 01:22:41.400] Are you familiar with Section 1413, defense to foreclosure?
[01:22:41.400 --> 01:22:44.400] I can't recite it.
[01:22:44.400 --> 01:22:45.400] Okay.
[01:22:45.400 --> 01:22:55.400] This come about July 21, 2010, this is 850 pages, and it comes down to that, in case
[01:22:55.400 --> 01:22:58.400] you're in foreclosure, you can blow it out.
[01:22:58.400 --> 01:23:06.400] But Section 413, defense to foreclosure, it's Public Law 111-203, July 21.
[01:23:06.400 --> 01:23:08.400] It's Frank Dodd.
[01:23:08.400 --> 01:23:12.400] Look, I just had this paper here and I want you to know about it.
[01:23:12.400 --> 01:23:13.400] Public Law what?
[01:23:13.400 --> 01:23:15.400] Repeat that.
[01:23:15.400 --> 01:23:19.400] It's Public Law 1000- wait a minute.
[01:23:19.400 --> 01:23:28.400] Public Law 111-203-July 21, 2010.
[01:23:28.400 --> 01:23:29.400] It's Frank Dodd.
[01:23:29.400 --> 01:23:30.400] Okay.
[01:23:30.400 --> 01:23:31.400] It's Public Law.
[01:23:31.400 --> 01:23:38.400] It's Section 413, defense to foreclosure.
[01:23:38.400 --> 01:23:40.400] Okay.
[01:23:40.400 --> 01:23:41.400] Enlighten us.
[01:23:41.400 --> 01:23:43.400] Just write that down.
[01:23:43.400 --> 01:23:44.400] I got it.
[01:23:44.400 --> 01:23:54.400] People don't know this, but those remics, these people, including me, they have an interest
[01:23:54.400 --> 01:23:55.400] in it.
[01:23:55.400 --> 01:23:56.400] Who's they?
[01:23:56.400 --> 01:23:57.400] Me.
[01:23:57.400 --> 01:23:58.400] Okay.
[01:23:58.400 --> 01:24:04.400] And everybody's got a home, or they financed them with their own money.
[01:24:04.400 --> 01:24:05.400] Yes.
[01:24:05.400 --> 01:24:14.400] They have a right to recoup, and they have a predatory interest in that loan, and they
[01:24:14.400 --> 01:24:23.400] can get in their- you have a right to that investment.
[01:24:23.400 --> 01:24:31.400] You are, and everybody is an undisclosed third-party beneficiary.
[01:24:31.400 --> 01:24:36.400] They had a court case about that in Alabama.
[01:24:36.400 --> 01:24:41.400] Anyway, everybody's a third party.
[01:24:41.400 --> 01:24:43.400] Do you remember that case site?
[01:24:43.400 --> 01:24:44.400] That Alabama case?
[01:24:44.400 --> 01:24:46.400] Can you cite that case?
[01:24:46.400 --> 01:24:51.400] Do you remember how it was styled?
[01:24:51.400 --> 01:24:52.400] Yeah, yeah.
[01:24:52.400 --> 01:24:54.400] Just give me a minute here.
[01:24:54.400 --> 01:24:55.400] Okay.
[01:24:55.400 --> 01:24:56.400] My computer here.
[01:24:56.400 --> 01:25:01.400] I know Hollis.
[01:25:01.400 --> 01:25:04.400] Let me see.
[01:25:04.400 --> 01:25:06.400] Take your time.
[01:25:06.400 --> 01:25:14.400] Take your time, but hurry every chance you get.
[01:25:14.400 --> 01:25:18.400] I'd be interested in seeing that case.
[01:25:18.400 --> 01:25:23.400] It's Phyllis Hollis, plaintiff, versus LaSalle Bank.
[01:25:23.400 --> 01:25:28.400] Okay, are you spelling Hollis, H-O-L-L-I-S?
[01:25:28.400 --> 01:25:31.400] Hollis is H-O-R-A-C-E.
[01:25:31.400 --> 01:25:34.400] Horace, okay.
[01:25:34.400 --> 01:25:38.400] It's LaSalle National Bank Association and others.
[01:25:38.400 --> 01:25:40.400] Okay.
[01:25:40.400 --> 01:25:42.400] Russell County, Alabama.
[01:25:42.400 --> 01:25:50.400] I'm just- let me see.
[01:25:50.400 --> 01:25:53.400] I think it was 2010, I know that.
[01:25:53.400 --> 01:25:54.400] Okay.
[01:25:54.400 --> 01:26:00.400] Here's an order that was signed March 21st, 2011.
[01:26:00.400 --> 01:26:07.400] But it said everybody is a third party beneficiary.
[01:26:07.400 --> 01:26:08.400] Beneficiary.
[01:26:08.400 --> 01:26:13.400] If you're a beneficiary, you got a little bit of credit worthiness when you go into court.
[01:26:13.400 --> 01:26:21.400] Now, if you go into court, you need to have a 1099-O-I-D in your back pocket.
[01:26:21.400 --> 01:26:24.400] Because they say, well, the bank loan me the money.
[01:26:24.400 --> 01:26:26.400] No, they didn't.
[01:26:26.400 --> 01:26:28.400] I'm the one, they got the money from me.
[01:26:28.400 --> 01:26:30.400] You need to have that in your back pocket.
[01:26:30.400 --> 01:26:34.400] And be sure and piggyback it with that 8381.
[01:26:34.400 --> 01:26:36.400] Because it says where they get the money.
[01:26:36.400 --> 01:26:38.400] You said that's where you got the money.
[01:26:38.400 --> 01:26:43.400] If you give that to IRS, they'll give that 1099-O-I-D.
[01:26:43.400 --> 01:26:48.400] That's pretty hard for a bank to say, well, we made this loan.
[01:26:48.400 --> 01:26:49.400] No, we didn't.
[01:26:49.400 --> 01:26:50.400] I didn't.
[01:26:50.400 --> 01:26:56.400] No, you extended someone else's credit and made it look like a loan.
[01:26:56.400 --> 01:27:00.400] Well, they got the money from you.
[01:27:00.400 --> 01:27:03.400] That's hard for people to understand.
[01:27:03.400 --> 01:27:09.400] Well, when I say that they extended somebody's credit, yes, they got the money from you.
[01:27:09.400 --> 01:27:12.400] But if you had the money, you wouldn't need the loan.
[01:27:12.400 --> 01:27:14.400] So how do they create that money?
[01:27:14.400 --> 01:27:19.400] They create that money through an extension of credit, but it's not your credit.
[01:27:19.400 --> 01:27:23.400] It's the bank's credit.
[01:27:23.400 --> 01:27:25.400] No, no, no, no.
[01:27:25.400 --> 01:27:26.400] Okay.
[01:27:26.400 --> 01:27:27.400] Enlighten me.
[01:27:27.400 --> 01:27:28.400] Loan credit.
[01:27:28.400 --> 01:27:31.400] The bank cannot loan credit.
[01:27:31.400 --> 01:27:33.400] I understand that.
[01:27:33.400 --> 01:27:34.400] Okay.
[01:27:34.400 --> 01:27:36.400] Let me be more specific.
[01:27:36.400 --> 01:27:40.400] If there's some little kids that are 10 years old, they want to get in the bank, and they're
[01:27:40.400 --> 01:27:46.400] playing in their backyard, and they write up a paper, I'm going to loan you $50,000
[01:27:46.400 --> 01:27:47.400] if they can write.
[01:27:47.400 --> 01:27:48.400] Say, here's $50,000.
[01:27:48.400 --> 01:27:55.400] 10-year-old kids, there's not any difference in them and then the bank doing the same thing.
[01:27:55.400 --> 01:27:58.400] And they're making a loan out of thin air.
[01:27:58.400 --> 01:28:00.400] Yeah, absolutely.
[01:28:00.400 --> 01:28:06.400] But they have a right to do that, but they don't, all they do is just make up a paper.
[01:28:06.400 --> 01:28:08.400] Yes.
[01:28:08.400 --> 01:28:14.400] If it was a loan, you'd be walking out of that bank with a satchel full of $100 bills.
[01:28:14.400 --> 01:28:15.400] Yes.
[01:28:15.400 --> 01:28:17.400] But that is clearly not what happens.
[01:28:17.400 --> 01:28:22.400] I've never seen a closing where somebody walks out of the closing with a satchel full of
[01:28:22.400 --> 01:28:25.400] $100 bills.
[01:28:25.400 --> 01:28:26.400] Okay.
[01:28:26.400 --> 01:28:34.400] I had a loan, I made this loan on my house, the 18th of February, 2005.
[01:28:34.400 --> 01:28:41.400] It was in default, February the 18th, 2005.
[01:28:41.400 --> 01:28:42.400] Immediately.
[01:28:42.400 --> 01:28:43.400] Not foreclosure.
[01:28:43.400 --> 01:28:44.400] Huh?
[01:28:44.400 --> 01:28:45.400] Immediately.
[01:28:45.400 --> 01:28:47.400] They did not, yes.
[01:28:47.400 --> 01:28:54.400] Because they never filed, or they never put in the remit.
[01:28:54.400 --> 01:28:57.400] This is going to be a real bad situation.
[01:28:57.400 --> 01:29:00.400] The investors have been screwed.
[01:29:00.400 --> 01:29:04.400] There's a word, it's called put back.
[01:29:04.400 --> 01:29:07.400] Put dash back.
[01:29:07.400 --> 01:29:10.400] And they need to get their money back.
[01:29:10.400 --> 01:29:20.400] Well, if they get their money back and then they owe 115% tax, then you got to, you know,
[01:29:20.400 --> 01:29:25.400] there's not enough money in all of the banks to pay the people back.
[01:29:25.400 --> 01:29:26.400] No.
[01:29:26.400 --> 01:29:33.400] Well, there is in commercial paper, but not in, I mean, that's basically what they'd have
[01:29:33.400 --> 01:29:36.400] to do would be to write a promissory note.
[01:29:36.400 --> 01:29:40.400] Okay, I've got two more things to tell you.
[01:29:40.400 --> 01:29:42.400] I don't want to take a lot of time.
[01:29:42.400 --> 01:29:45.400] If I can brush through this, maybe somebody can take some notes.
[01:29:45.400 --> 01:29:49.400] Well, let's do this on the other side of this break.
[01:29:49.400 --> 01:29:54.400] 512-646-1984 will put you in contact with us.
[01:29:54.400 --> 01:29:59.400] We're reaching the end of the show, so call in real quick.
[01:29:59.400 --> 01:30:01.400] Mind if we watch?
[01:30:01.400 --> 01:30:05.400] It's only polite to ask, but your favorite restaurants and stores aren't always sticklers
[01:30:05.400 --> 01:30:06.400] for manners.
[01:30:06.400 --> 01:30:10.400] I'm Dr. Catherine Albrecht, and I'll be right back to tell you about secret recording devices
[01:30:10.400 --> 01:30:13.400] that could be hidden in some surprising places.
[01:30:13.400 --> 01:30:18.400] Your search engine is watching you, recording all your searches and creating a massive database
[01:30:18.400 --> 01:30:20.400] of your personal information.
[01:30:20.400 --> 01:30:21.400] That's creepy.
[01:30:21.400 --> 01:30:23.400] But it doesn't have to be that way.
[01:30:23.400 --> 01:30:26.400] Startpage.com is the world's most private search engine.
[01:30:26.400 --> 01:30:30.400] Startpage doesn't store your IP address, make a record of your searches or use tracking
[01:30:30.400 --> 01:30:32.400] cookies, and they're third-party certified.
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[01:30:39.400 --> 01:30:43.400] Startpage.com, the world's most private search engine.
[01:30:43.400 --> 01:30:45.400] Think twice before you criticize the food.
[01:30:45.400 --> 01:30:50.400] The restaurant could be listening through a microphone hidden under the table or capturing
[01:30:50.400 --> 01:30:52.400] your opinions through a pinhole camera.
[01:30:52.400 --> 01:30:56.400] When you're in a restaurant, a store, a park, virtually any public place, your behavior
[01:30:56.400 --> 01:30:59.400] and conversations can be up for grabs.
[01:30:59.400 --> 01:31:01.400] It isn't fair, but it can be perfectly legal.
[01:31:01.400 --> 01:31:06.400] The logic says that if people nearby can overhear your conversation or see you scratch an itch,
[01:31:06.400 --> 01:31:09.400] the hidden microphone or camera can do the same thing.
[01:31:09.400 --> 01:31:14.400] While businesses often post signs informing you that these premises are under surveillance,
[01:31:14.400 --> 01:31:18.400] that's not quite the same thing as telling you the potted plant behind your head could
[01:31:18.400 --> 01:31:20.400] be listening to your dinner conversation.
[01:31:20.400 --> 01:31:22.400] I'm Dr. Catherine Albrecht.
[01:31:22.400 --> 01:31:31.400] More news and information at CatherineAlbrecht.com.
[01:31:31.400 --> 01:31:35.400] We want to thank all our listeners who contributed to making the Logos Radio Network fundraiser
[01:31:35.400 --> 01:31:37.400] a success this year.
[01:31:37.400 --> 01:31:39.400] Your support got us close to reaching our goal.
[01:31:39.400 --> 01:31:43.400] Toward the end of January, we received many requests from listeners to extend the deadline
[01:31:43.400 --> 01:31:47.400] to enter into the drawing for the GLOT 42 and the CHL classes.
[01:31:47.400 --> 01:31:50.400] As a result, we are extending the deadline until February 15.
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[01:32:01.400 --> 01:32:05.400] After work, I'm so tired that I want to be left alone to sleep.
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[01:33:01.400 --> 01:33:11.400] You are listening to the Logos Radio Network, LogosRadioNetwork.com.
[01:33:31.400 --> 01:33:59.400] Welcome back to the Logos Radio Network.
[01:33:59.400 --> 01:34:01.400] Welcome back to Rule of Law Radio, folks.
[01:34:01.400 --> 01:34:10.400] John in Texas, it seems you may be on the right track here.
[01:34:10.400 --> 01:34:16.400] I mean, granted your knowledge is deep and I appreciate your research.
[01:34:16.400 --> 01:34:18.400] I certainly do.
[01:34:18.400 --> 01:34:28.400] I understand too that issues of this technical scope are very difficult to impart to somebody.
[01:34:28.400 --> 01:34:36.400] But, folks, let me tell you, if we don't start coming to an understanding of these technical issues, it's over.
[01:34:36.400 --> 01:34:39.400] And it may very well be over anyway.
[01:34:39.400 --> 01:34:46.400] However, if there's any credence at all in John's research,
[01:34:46.400 --> 01:34:54.400] and it seems on the surface to me right now with the knowledge that I have that there is definitely credence in his research
[01:34:54.400 --> 01:35:04.400] that we could really, really put some extreme pressure on these financial institutions,
[01:35:04.400 --> 01:35:14.400] particularly the investment banks, the Deutsche Bank, the Bear Stearns, the big players in this.
[01:35:14.400 --> 01:35:20.400] All of this brings to mind a question.
[01:35:20.400 --> 01:35:33.400] If I am a third party and as to the TAC, the IRS, we are all third party beneficiaries,
[01:35:33.400 --> 01:35:49.400] would I not have standing to raise the issue that the IRS is committing official misconduct by failing to perform a duty they're required to perform?
[01:35:49.400 --> 01:35:55.400] That's why you file the 3849-A.
[01:35:55.400 --> 01:35:56.400] Okay.
[01:35:56.400 --> 01:36:01.400] 3849-A, that's the one giving notice to the IRS.
[01:36:01.400 --> 01:36:06.400] And then there's another one, 4490.
[01:36:06.400 --> 01:36:08.400] That puts the monkey on their back.
[01:36:08.400 --> 01:36:11.400] Yes, it does.
[01:36:11.400 --> 01:36:23.400] That's informing them of a duty that they have to act on this and given enough information.
[01:36:23.400 --> 01:36:26.400] Wow, yeah, yeah.
[01:36:26.400 --> 01:36:33.400] I smell what you're stepping in, brother.
[01:36:33.400 --> 01:36:36.400] This is a good thing.
[01:36:36.400 --> 01:36:38.400] Well, I'm thinking about it.
[01:36:38.400 --> 01:36:49.400] I want to note here a while ago that because this is an investment security, you know, securities exchange, you know, Washington, United States, there's also the SEC.
[01:36:49.400 --> 01:36:55.400] And also Texas, you know, they're selling unregistered securities.
[01:36:55.400 --> 01:36:57.400] They're selling contraband.
[01:36:57.400 --> 01:36:59.400] Yes.
[01:36:59.400 --> 01:37:01.400] You can't do that.
[01:37:01.400 --> 01:37:03.400] They do that anyway.
[01:37:03.400 --> 01:37:06.400] Now, keep this in mind, all this does is tax issue.
[01:37:06.400 --> 01:37:08.400] Let me pause you right there.
[01:37:08.400 --> 01:37:17.400] They can do it and they are doing it and they will do it until they get caught.
[01:37:17.400 --> 01:37:22.400] Well, they've been caught.
[01:37:22.400 --> 01:37:29.400] That's why, yes, and that's why I'm so interested in this case out of Alabama.
[01:37:29.400 --> 01:37:33.400] Did you find that case, that file on it?
[01:37:33.400 --> 01:37:36.400] No, I haven't looked it up yet.
[01:37:36.400 --> 01:37:37.400] There's one.
[01:37:37.400 --> 01:37:38.400] It's interesting.
[01:37:38.400 --> 01:37:45.400] Meanwhile, the judge says that you're a third party beneficiary.
[01:37:45.400 --> 01:37:47.400] Oh, here's what I was going to say.
[01:37:47.400 --> 01:37:52.400] Because this is a security, you are entitled for a refund.
[01:37:52.400 --> 01:37:54.400] And I had that.
[01:37:54.400 --> 01:37:58.400] It's like F-I-R-A or something like that.
[01:37:58.400 --> 01:38:06.400] You can file for a refund and it goes a step further, SEP, S-P-I-C, if I missed one of those letters,
[01:38:06.400 --> 01:38:08.400] and you can get a refund.
[01:38:08.400 --> 01:38:16.400] You've been screwed out of your money because it had to do with the federal security.
[01:38:16.400 --> 01:38:21.400] They don't like that because they regulate the Securities Exchange Commission.
[01:38:21.400 --> 01:38:29.400] I can't think of what that is, F-I-R-R-A or something that S-P-I-C is under it.
[01:38:29.400 --> 01:38:32.400] They really get riled up.
[01:38:32.400 --> 01:38:36.400] But you can get a refund.
[01:38:36.400 --> 01:38:37.400] Okay.
[01:38:37.400 --> 01:38:41.400] If you're selling securities, then they find out there's no security.
[01:38:41.400 --> 01:38:42.400] That's what they're for.
[01:38:42.400 --> 01:38:44.400] They're a part of the government.
[01:38:44.400 --> 01:38:45.400] Right.
[01:38:45.400 --> 01:38:50.400] If you're screwed out of it, we'll pay you for it.
[01:38:50.400 --> 01:38:52.400] You can't find that.
[01:38:52.400 --> 01:38:54.400] And then there's another deal, too.
[01:38:54.400 --> 01:38:56.400] I'll give you an example.
[01:38:56.400 --> 01:38:58.400] Okay.
[01:38:58.400 --> 01:39:00.400] The loan was made.
[01:39:00.400 --> 01:39:03.400] Now, I'm just kind of paraphrasing it.
[01:39:03.400 --> 01:39:04.400] Sure.
[01:39:04.400 --> 01:39:10.400] The loan was made on that promissory note and they went to the window, Federal Reserve,
[01:39:10.400 --> 01:39:12.400] and they got money.
[01:39:12.400 --> 01:39:17.400] They got $82,900 cash.
[01:39:17.400 --> 01:39:18.400] Okay.
[01:39:18.400 --> 01:39:26.400] By law, I think it's, I can't think of those four letters, but it's Rule 95.
[01:39:26.400 --> 01:39:32.400] They're supposed to give you a receipt in your hand because it was cash.
[01:39:32.400 --> 01:39:34.400] They didn't do that.
[01:39:34.400 --> 01:39:35.400] Okay.
[01:39:35.400 --> 01:39:44.400] They got cash off that promissory note of America's wholesale lender, which they never existed.
[01:39:44.400 --> 01:39:45.400] Right.
[01:39:45.400 --> 01:39:48.400] But countywide.
[01:39:48.400 --> 01:39:50.400] Countrywide.
[01:39:50.400 --> 01:39:57.400] Countrywide, a financial LP got that money and it's a Delaware corporation.
[01:39:57.400 --> 01:39:58.400] Uh-huh.
[01:39:58.400 --> 01:40:06.400] And they said there's a DBA of America's wholesale lenders, America's Countrywide Home Loan
[01:40:06.400 --> 01:40:14.400] Bank, but it was never mentioned on that documentation that it was a DBA.
[01:40:14.400 --> 01:40:15.400] Anyway, they've already had case law.
[01:40:15.400 --> 01:40:16.400] You already know about that.
[01:40:16.400 --> 01:40:17.400] Now, where was that at?
[01:40:17.400 --> 01:40:18.400] Florida.
[01:40:18.400 --> 01:40:20.400] Mrs. Nash.
[01:40:20.400 --> 01:40:21.400] Yes, Nash.
[01:40:21.400 --> 01:40:22.400] They stopped that.
[01:40:22.400 --> 01:40:25.400] She got a refund of her deal.
[01:40:25.400 --> 01:40:26.400] Yes, she did.
[01:40:26.400 --> 01:40:27.400] But I'm sorry.
[01:40:27.400 --> 01:40:30.400] But I'm sorry I didn't have my notes in front of me.
[01:40:30.400 --> 01:40:31.400] That's okay.
[01:40:31.400 --> 01:40:34.400] The thing about going to bed, and I think I'll probably listen to y'all, thinking,
[01:40:34.400 --> 01:40:35.400] well, there's some other stuff.
[01:40:35.400 --> 01:40:38.400] There's another deal, too.
[01:40:38.400 --> 01:40:47.400] Now, these banks, I'm trying to pull this down, if they deprive you of your home and
[01:40:47.400 --> 01:40:53.400] they stole it from you, they can get 30 years for that.
[01:40:53.400 --> 01:40:54.400] Who's they?
[01:40:54.400 --> 01:40:56.400] And it's a 20.
[01:40:56.400 --> 01:41:01.400] When you say they can get 30 years, there's got to be a name on the other end of that
[01:41:01.400 --> 01:41:02.400] they.
[01:41:02.400 --> 01:41:04.400] Bank of America.
[01:41:04.400 --> 01:41:05.400] Okay.
[01:41:05.400 --> 01:41:14.400] Are you talking about the CEO, the president, the vice president, the teller?
[01:41:14.400 --> 01:41:15.400] The bank.
[01:41:15.400 --> 01:41:16.400] It's a 25.
[01:41:16.400 --> 01:41:17.400] Yeah.
[01:41:17.400 --> 01:41:18.400] Okay.
[01:41:18.400 --> 01:41:19.400] You're talking about putting somebody in jail.
[01:41:19.400 --> 01:41:22.400] You've got to be more specific than the bank.
[01:41:22.400 --> 01:41:29.400] I mean, who working for the bank would be having the cuffs slapped on them?
[01:41:29.400 --> 01:41:30.400] Okay.
[01:41:30.400 --> 01:41:33.400] This is Title 15.
[01:41:33.400 --> 01:41:35.400] Okay.
[01:41:35.400 --> 01:41:40.400] And it's Section 78FL penalties.
[01:41:40.400 --> 01:41:44.400] It's USC.
[01:41:44.400 --> 01:41:45.400] Okay.
[01:41:45.400 --> 01:41:50.400] If they kick you out, now we're talking criminal here now.
[01:41:50.400 --> 01:41:51.400] Sure.
[01:41:51.400 --> 01:41:54.400] It's a $5 million fine and 20 years in prison.
[01:41:54.400 --> 01:41:57.400] That's an individual.
[01:41:57.400 --> 01:42:00.400] Now, that's, let me pause you right there.
[01:42:00.400 --> 01:42:03.400] That individual is who I'm looking for.
[01:42:03.400 --> 01:42:08.400] So when you say they, the bank, you're talking about tens of thousands of people.
[01:42:08.400 --> 01:42:09.400] Yeah.
[01:42:09.400 --> 01:42:12.400] The bank is a legal fiction.
[01:42:12.400 --> 01:42:16.400] As a person, it really doesn't have a physical existence.
[01:42:16.400 --> 01:42:19.400] So would it be the lawyer?
[01:42:19.400 --> 01:42:28.400] Would it be the employee of the bank who directed the lawyers to take the action?
[01:42:28.400 --> 01:42:32.400] We have to find a human that we can point a finger at.
[01:42:32.400 --> 01:42:36.400] A human pays $5 million in 20 years, and here's the law.
[01:42:36.400 --> 01:42:53.400] A person other than a natural person that will find you not exceeding $25 million may be imposed if it's other than a person walking around.
[01:42:53.400 --> 01:42:56.400] Have I laid a lot of stuff on you all?
[01:42:56.400 --> 01:42:58.400] Yeah, but that's okay.
[01:42:58.400 --> 01:43:02.400] I've been furiously taking notes.
[01:43:02.400 --> 01:43:08.400] That Hollisdale would be pretty interesting, but there's...
[01:43:08.400 --> 01:43:12.400] I'm in the process of downloading it as we speak.
[01:43:12.400 --> 01:43:14.400] Are you?
[01:43:14.400 --> 01:43:17.400] It's a real good information.
[01:43:17.400 --> 01:43:20.400] When you get that one, Randy, would you drop it in my sky?
[01:43:20.400 --> 01:43:42.400] It's Phyllis Horace, Plaintiff v. LaSalle National Bank Association as Trustees for Certificate Holders of Bear Stearns Asset Back Securities, ILLC Asset Back Certificate Series, 2006-EC2 and others.
[01:43:42.400 --> 01:43:51.400] Civil Action Number 3, 08-CV-1019-MH2.
[01:43:51.400 --> 01:43:59.400] This looks like the... this is the trial court, so I don't have yours.
[01:43:59.400 --> 01:44:03.400] You feel tired when talking about important topics like money and politics?
[01:44:03.400 --> 01:44:04.400] Sorry!
[01:44:04.400 --> 01:44:07.400] Are you confused by words like the Constitution or the Federal Reserve?
[01:44:07.400 --> 01:44:08.400] What?
[01:44:08.400 --> 01:44:12.400] So you may be diagnosed with the deadliest disease known today, stupidity.
[01:44:12.400 --> 01:44:19.400] Hi, my name is Steve Holt, and like millions of other Americans, I was diagnosed with stupidity at an early age.
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[01:45:00.400 --> 01:45:04.400] Are you the plaintiff or defendant in a lawsuit?
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[01:46:01.400 --> 01:46:22.400] Welcome back to Rule of Law Radio, folks.
[01:46:22.400 --> 01:46:25.400] We are in the last segment of this Friday night show.
[01:46:25.400 --> 01:46:31.400] So if you'd like to get on, you'd better do so quickly, 512-646-1984.
[01:46:31.400 --> 01:46:33.400] If we get time, we'll go to you.
[01:46:33.400 --> 01:46:39.400] And Robert, I'd like to point out the fact that Randy ran off the cliff this time.
[01:46:39.400 --> 01:46:43.400] So I don't feel so bad about doing it last time.
[01:46:43.400 --> 01:46:45.400] That'll tell.
[01:46:45.400 --> 01:46:51.400] But I'm finding Horace V. LaSalle with all of the weaves.
[01:46:51.400 --> 01:46:54.400] Do you have the whole docket there?
[01:46:54.400 --> 01:46:57.400] Well, I've got it in pieces.
[01:46:57.400 --> 01:47:03.400] I've got a plaintiff's brief, and it looks like I have a defendant's brief.
[01:47:03.400 --> 01:47:07.400] No, I have an affidavit, but I'm digging down some good stuff on it.
[01:47:07.400 --> 01:47:10.400] Okay, good, good, good.
[01:47:10.400 --> 01:47:14.400] So John in Texas, you had the floor again, sir.
[01:47:14.400 --> 01:47:17.400] Okay, I just want to talk for a minute if there's anybody behind me.
[01:47:17.400 --> 01:47:18.400] Anybody behind me?
[01:47:18.400 --> 01:47:19.400] Nope.
[01:47:19.400 --> 01:47:22.400] You got the whole rest of the segment.
[01:47:22.400 --> 01:47:25.400] Okay, this is real important.
[01:47:25.400 --> 01:47:31.400] When you made an application for the bank, on the application,
[01:47:31.400 --> 01:47:39.400] there's a Title 16 CFR 433.2 that was not on your application.
[01:47:39.400 --> 01:47:50.400] Because that was not on your application, it's impossible for that deed of trust
[01:47:50.400 --> 01:47:56.400] or the note to have a holder in the course.
[01:47:56.400 --> 01:48:00.400] Okay, you're going to have to explain that one to me.
[01:48:00.400 --> 01:48:07.400] Okay.
[01:48:07.400 --> 01:48:11.400] Are you talking about the holder rule?
[01:48:11.400 --> 01:48:12.400] Yes.
[01:48:12.400 --> 01:48:17.400] 16 USC 433?
[01:48:17.400 --> 01:48:27.400] In the matter of a consumer credit, there can be no holder in due course.
[01:48:27.400 --> 01:48:32.400] That's correct, because it's not in the application.
[01:48:32.400 --> 01:48:38.400] Because they have it, oh man, I don't have my notes here.
[01:48:38.400 --> 01:48:45.400] I'm having difficulty making the nexus between the application and the holder.
[01:48:45.400 --> 01:48:52.400] Okay, federal law says that's supposed to be in there on the application.
[01:48:52.400 --> 01:49:07.400] And because it's not in there, it's subject to UCC 305 and UCC 306,
[01:49:07.400 --> 01:49:13.400] where that gives you a predatory right in that promissory note, as you call it.
[01:49:13.400 --> 01:49:16.400] Okay.
[01:49:16.400 --> 01:49:17.400] You understand?
[01:49:17.400 --> 01:49:18.400] Yes, I do now.
[01:49:18.400 --> 01:49:21.400] That's probably not clear.
[01:49:21.400 --> 01:49:24.400] But anyway, they can be a holder in due course.
[01:49:24.400 --> 01:49:27.400] They're not a holder in due course, they can't foreclose.
[01:49:27.400 --> 01:49:28.400] Correct.
[01:49:28.400 --> 01:49:30.400] They are.
[01:49:30.400 --> 01:49:32.400] Those tax...
[01:49:32.400 --> 01:49:36.400] Well, they can if they are an agent for the holder in due course.
[01:49:36.400 --> 01:49:42.400] But if there is no holder in due course, they lack agency.
[01:49:42.400 --> 01:49:46.400] Yes.
[01:49:46.400 --> 01:49:57.400] There are some tax laws, Title 26, Section 851, 852, 861, 862.
[01:49:57.400 --> 01:50:00.400] It gets into those remics and the penalties.
[01:50:00.400 --> 01:50:02.400] I think I mentioned a while ago about...
[01:50:02.400 --> 01:50:04.400] Okay, wait a minute, John.
[01:50:04.400 --> 01:50:08.400] Let's go back to holder, holder in due course.
[01:50:08.400 --> 01:50:17.400] You're making a clear distinction between an alleged holder of the indebtedness
[01:50:17.400 --> 01:50:20.400] and a holder in due course.
[01:50:20.400 --> 01:50:22.400] Okay, it's a holder in due course.
[01:50:22.400 --> 01:50:26.400] Those two different ones are right.
[01:50:26.400 --> 01:50:29.400] Holder in due course, for those who don't know,
[01:50:29.400 --> 01:50:34.400] if I write you a bad check and you accept it in good faith,
[01:50:34.400 --> 01:50:38.400] you are a holder in due course of that check.
[01:50:38.400 --> 01:50:45.400] You have no responsibility for any wrongdoing in the creation of that instrument.
[01:50:45.400 --> 01:50:50.400] And that's what the holder rule went to is in the matter of a consumer note,
[01:50:50.400 --> 01:50:54.400] a lender would go in business, write predatory loans,
[01:50:54.400 --> 01:50:59.400] then go out of business leaving the consumer with no remedy.
[01:50:59.400 --> 01:51:02.400] Therefore, in the matter of a consumer transaction,
[01:51:02.400 --> 01:51:07.400] there can be no holder in due course.
[01:51:07.400 --> 01:51:13.400] The holder of the indebtedness is liable to any claims
[01:51:13.400 --> 01:51:17.400] the borrower would have against the lender.
[01:51:17.400 --> 01:51:24.400] That's the difference between just a holder and a holder in due course.
[01:51:24.400 --> 01:51:32.400] So if you're only a holder, then any problems with this transaction, you're liable for.
[01:51:32.400 --> 01:51:35.400] If you're a holder in due course, you are not liable.
[01:51:35.400 --> 01:51:40.400] Does that sound right, John?
[01:51:40.400 --> 01:51:46.400] Pretty much. I was reading some notes. Yeah.
[01:51:46.400 --> 01:51:50.400] So I'm trying to be sure that we're actually talking about a holder in due course
[01:51:50.400 --> 01:51:55.400] and not just the entity who claims to hold the note.
[01:51:55.400 --> 01:52:02.400] Right.
[01:52:02.400 --> 01:52:05.400] I know I'm kind of being pedantic here.
[01:52:05.400 --> 01:52:11.400] Well, we've also got to ask or make a distinction between the holder of what?
[01:52:11.400 --> 01:52:14.400] Are they the holder of the original instrument
[01:52:14.400 --> 01:52:18.400] or are they the holder of the transferable record?
[01:52:18.400 --> 01:52:24.400] Well, okay, if you say that this person is the holder,
[01:52:24.400 --> 01:52:34.400] then that has to presume that they are the bona fide full chain of title assignment holder the entire instrument.
[01:52:34.400 --> 01:52:38.400] There are other issues we can raise to say, well, he's not really the true holder.
[01:52:38.400 --> 01:52:45.400] But for the purpose of this conversation, if we're saying holder,
[01:52:45.400 --> 01:52:50.400] we have to assume that he is actually the holder of the entire instrument
[01:52:50.400 --> 01:52:55.400] and not fracture up the argument, otherwise it just goes in so many directions.
[01:52:55.400 --> 01:53:00.400] So then that would be the negotiable and security instrument.
[01:53:00.400 --> 01:53:05.400] Yeah, we'll assume that for the purpose of saying holder in this conversation.
[01:53:05.400 --> 01:53:10.400] When we address the validity of the agency standing capacity of the holder,
[01:53:10.400 --> 01:53:13.400] then we take on those other issues.
[01:53:13.400 --> 01:53:18.400] Gotcha. I'm confused enough already.
[01:53:18.400 --> 01:53:22.400] This is just between you and me in the fence post.
[01:53:22.400 --> 01:53:26.400] Okay, so all you other listeners, plug your ears.
[01:53:26.400 --> 01:53:30.400] If you all are about to go into full closure,
[01:53:30.400 --> 01:53:38.400] if you'll take that tax deal and file it with the IRS as a donor, don't e, on the tax,
[01:53:38.400 --> 01:53:43.400] of course you have to file that with the IRS. That could stop.
[01:53:43.400 --> 01:53:49.400] And they could deed that back over to you, a release of lien and reconveyance.
[01:53:49.400 --> 01:53:54.400] It's possible. I've heard of this, but I haven't really known of anybody that does it.
[01:53:54.400 --> 01:54:00.400] In other words, if they're going in there with 115% tax,
[01:54:00.400 --> 01:54:03.400] and you're fixing to be full closure on them, they'll stop that.
[01:54:03.400 --> 01:54:09.400] It's very possible that they would convey that back to you, release of lien and reconveyance,
[01:54:09.400 --> 01:54:12.400] because they don't want that let out.
[01:54:12.400 --> 01:54:18.400] And then that other deal I told you about a while ago on that Dodd-Frank deal,
[01:54:18.400 --> 01:54:20.400] people don't even know about that.
[01:54:20.400 --> 01:54:26.400] As a matter of fact, I do know of one guy that got the deal, release of lien and reconveyance,
[01:54:26.400 --> 01:54:33.400] that Dodd deal out, that 1413, 850 pages.
[01:54:33.400 --> 01:54:35.400] So that might work for some people.
[01:54:35.400 --> 01:54:39.400] You've got to have a lot of guts and just do it.
[01:54:39.400 --> 01:54:43.400] Now again, you've got to file that with the IRS. You know, you've got the IRS behind you.
[01:54:43.400 --> 01:54:46.400] Sure.
[01:54:46.400 --> 01:54:52.400] Well, the understanding that I have is that everybody fears the IRS,
[01:54:52.400 --> 01:54:58.400] including but not limited to the banking institutions.
[01:54:58.400 --> 01:55:06.400] That's the one entity that they do not want to meet in court, and that's the IRS.
[01:55:06.400 --> 01:55:09.400] Yeah, they got their own law.
[01:55:09.400 --> 01:55:13.400] Yeah, they do. Title 26.
[01:55:13.400 --> 01:55:20.400] As corrupt as the banks are, they can't hold a life to the IRS.
[01:55:20.400 --> 01:55:22.400] That's a fact.
[01:55:22.400 --> 01:55:24.400] Well, another thing, too.
[01:55:24.400 --> 01:55:28.400] Generally speaking, if you go up against Bank of America,
[01:55:28.400 --> 01:55:34.400] I know of one county in California where they have $115 million in their retirement account,
[01:55:34.400 --> 01:55:41.400] and they have been told the judges do not go against Bank of America.
[01:55:41.400 --> 01:55:44.400] Right. You don't want to damage your own retirement.
[01:55:44.400 --> 01:55:49.400] Right. And if you're going against Bank of America, they've got all that money all over the place.
[01:55:49.400 --> 01:55:51.400] Oh, yeah.
[01:55:51.400 --> 01:55:57.400] But they usually let about 2% win, and I'd like to be in that 2%.
[01:55:57.400 --> 01:56:01.400] Well, they've got to hold some air of credibility.
[01:56:01.400 --> 01:56:09.400] If not, then that cat gets out of the bag, and the tables flip over on them.
[01:56:09.400 --> 01:56:14.400] I heard a story about a guy that flipped over a bunch of tables and got in trouble for it.
[01:56:14.400 --> 01:56:16.400] That was about 2,000 years ago.
[01:56:16.400 --> 01:56:26.400] I think it's time we all start flipping tables.
[01:56:26.400 --> 01:56:28.400] Don't mess with the money changers.
[01:56:28.400 --> 01:56:32.400] Exactly.
[01:56:32.400 --> 01:56:39.400] Well, I personally know a guy that had $304,000 stolen from him.
[01:56:39.400 --> 01:56:47.400] I'm talking cash in the Comerica Bank of Dollar, and he turned it in to the IRS.
[01:56:47.400 --> 01:56:52.400] It's stolen money so it could write it off.
[01:56:52.400 --> 01:56:53.400] Okay?
[01:56:53.400 --> 01:56:54.400] Okay.
[01:56:54.400 --> 01:56:57.400] The IRS came back and forth and said, okay, we're going to let you write it off.
[01:56:57.400 --> 01:57:00.400] And it's being written off.
[01:57:00.400 --> 01:57:05.400] They come back, and they penalized him $61,000.
[01:57:05.400 --> 01:57:09.400] Why?
[01:57:09.400 --> 01:57:17.400] He did not pay, even though he could write it off, he did not pay his self-employment tax.
[01:57:17.400 --> 01:57:21.400] Oh, okay.
[01:57:21.400 --> 01:57:23.400] I got you.
[01:57:23.400 --> 01:57:27.400] That's crazy.
[01:57:27.400 --> 01:57:29.400] That's the IRS.
[01:57:29.400 --> 01:57:38.400] You know, it's funny how when you spell out the IRS as one word, it says theirs.
[01:57:38.400 --> 01:57:41.400] You ever notice that?
[01:57:41.400 --> 01:57:42.400] Yes.
[01:57:42.400 --> 01:57:44.400] Yeah.
[01:57:44.400 --> 01:57:46.400] Ironic, isn't it?
[01:57:46.400 --> 01:57:49.400] Yeah, it is.
[01:57:49.400 --> 01:57:51.400] Well, anyway, are we about out of time?
[01:57:51.400 --> 01:57:53.400] I'm sorry I took up a lot of time.
[01:57:53.400 --> 01:57:55.400] I know a lot of people want to talk.
[01:57:55.400 --> 01:57:59.400] No, no, John, to be honest with you, we're out of time.
[01:57:59.400 --> 01:58:03.400] And to be honest with you again, you're the only guy on the board.
[01:58:03.400 --> 01:58:05.400] You're the last one on the board.
[01:58:05.400 --> 01:58:08.400] So you didn't step on anybody's toes at all, not at all.
[01:58:08.400 --> 01:58:11.400] And you gave me a headache.
[01:58:11.400 --> 01:58:13.400] But it's a good headache.
[01:58:13.400 --> 01:58:17.400] Yes.
[01:58:17.400 --> 01:58:19.400] You gave me a lot of research I have to do.
[01:58:19.400 --> 01:58:23.400] John, I want to tell you I really appreciate folks like you that do their homework
[01:58:23.400 --> 01:58:26.400] and then bring the results of that homework to the air
[01:58:26.400 --> 01:58:31.400] so that everybody can get a grip on what's going on here.
[01:58:31.400 --> 01:58:35.400] We need more folks out there like you with their nose to the grindstones,
[01:58:35.400 --> 01:58:39.400] their eyes on the books, and their brains on what really matters.
[01:58:39.400 --> 01:58:42.400] John, thank you very much for calling in tonight.
[01:58:42.400 --> 01:58:44.400] Call in next week.
[01:58:44.400 --> 01:58:47.400] And folks, we'll be back next week.
[01:58:47.400 --> 01:58:49.400] Hopefully I'll be on time next week.
[01:58:49.400 --> 01:58:53.400] Thank you.
[01:59:20.400 --> 01:59:22.400] This translation is highly accurate,
[01:59:22.400 --> 01:59:25.400] and it comes with over 13,000 cross references,
[01:59:25.400 --> 01:59:29.400] plus charts and maps and an outline for every book of the Bible.
[01:59:29.400 --> 01:59:32.400] This is truly a Bible you can understand.
[01:59:32.400 --> 01:59:35.400] To get your free copy of the New Testament Recovery Version,
[01:59:35.400 --> 01:59:40.400] call us toll free at 888-551-0102.
[01:59:40.400 --> 01:59:44.400] That's 888-551-0102.
[01:59:44.400 --> 01:59:49.400] Or visit us online at bfa.org.
[01:59:49.400 --> 01:59:52.400] Looking for some truth?
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