ROL_2015-02-27_16k_Hr3-4.timecode

[00:00.000 --> 00:07.800]  This is the Liberty Beat, your daily source for Liberty news and activist updates, online
[00:07.800 --> 00:08.800]  at thelibertybeat.com.
[00:08.800 --> 00:14.320]  I'm Brian Hagan with your Liberty Beat for Friday, February 27th, 2015.
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[00:48.760 --> 00:52.720]  In the news, the Washington Times calls it a landmark decision.
[00:52.720 --> 00:57.640]  That follows Thursday's FCC approval of net neutrality, which gives the federal government
[00:57.640 --> 01:01.240]  a major role in oversight of internet traffic.
[01:01.240 --> 01:08.960]  Critics decry the move as a gateway into government oversight of the entire internet.
[01:08.960 --> 01:14.520]  The Defense Advanced Research Projects Agency, commonly known as DARPA, is close to completing
[01:14.520 --> 01:17.120]  an advanced voice recognition program.
[01:17.120 --> 01:23.200]  The agency is in the third phase of the robust automatic transcription of speech RATS program,
[01:23.200 --> 01:28.320]  which is capable of deciphering human voices, even when background noise renders the conversation
[01:28.320 --> 01:29.320]  inaudible.
[01:29.320 --> 01:36.140]  In honor of the launch of the new and improved SovereignLiving.com, each day this week the
[01:36.140 --> 01:40.760]  Liberty Beat is bringing you a simple survival tip that just might save your life.
[01:40.760 --> 01:42.880]  With today's tip, here's John Bush.
[01:42.880 --> 01:43.880]  Have a bug out plan.
[01:43.880 --> 01:45.980]  You never know when a crisis could occur.
[01:45.980 --> 01:50.560]  Some disasters could be so severe that you and your family need to leave your home immediately.
[01:50.560 --> 01:54.360]  It's important that you have a plan as to where you are going to go should you need
[01:54.360 --> 01:55.600]  to vacate your home.
[01:55.600 --> 01:59.800]  Also, if your family or bug out group members are not in the same place when your crew decides
[01:59.800 --> 02:03.520]  it's time to get the heck out of Dodge, it's important to have a predetermined meeting
[02:03.520 --> 02:06.480]  place so everyone is on the same page and knows where to go.
[02:06.480 --> 02:10.080]  Make sure your plan takes into account what the environment might be like in the disaster
[02:10.080 --> 02:11.940]  or civil unrest scenario.
[02:11.940 --> 02:13.360]  What will major roads be like?
[02:13.360 --> 02:14.880]  Could bridges be down?
[02:14.880 --> 02:16.640]  Could checkpoints be set up?
[02:16.640 --> 02:20.120]  Pre-stock your bug out location with enough supplies to last you and your crew a month
[02:20.120 --> 02:23.120]  or longer should you need to hunker down for the long haul.
[02:23.120 --> 02:26.440]  Finally, keep your bug out plan on a need to know basis.
[02:26.440 --> 02:29.920]  You don't want the authorities or your neighbor Bob showing up unexpectedly.
[02:29.920 --> 02:32.480]  The world is a dangerous and unpredictable place.
[02:32.480 --> 02:35.020]  There's no better time than now to get prepared.
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[02:53.840 --> 02:57.840]  This is the Liberty Beat for Friday, February 27, 2015.
[02:57.840 --> 03:14.280]  Check out the website at theLibertyBeat.com.
[03:14.280 --> 03:42.440]  Okay, we are back.
[03:42.440 --> 04:09.360]  The whole point is here is when we go into a case.
[04:09.360 --> 04:14.880]  We need to have some structure in what we're doing.
[04:14.880 --> 04:21.040]  Most of the time people have issues and they look at their issues and they jump in there
[04:21.040 --> 04:25.240]  and start arguing their issues and I want to say, hold on, hold on, wait a minute, let's
[04:25.240 --> 04:27.840]  back up.
[04:27.840 --> 04:29.920]  Let's take a look at the whole arena.
[04:29.920 --> 04:30.920]  What do we have?
[04:30.920 --> 04:31.920]  What are the parameters here?
[04:31.920 --> 04:34.200]  What do we have to deal with?
[04:34.200 --> 04:39.960]  One of the things we're trying to do is dispel some notions that aren't necessarily accurate
[04:39.960 --> 04:45.320]  and one of them is that you will win your case if you have the law and the facts on
[04:45.320 --> 04:46.320]  your side.
[04:46.320 --> 04:50.880]  You will not win your case simply because you have the law and the facts on your side.
[04:50.880 --> 04:51.880]  To think so is naive.
[04:51.880 --> 04:58.000]  You'll win your case if you have the politics on your side.
[04:58.000 --> 04:59.000]  We need the law and the facts.
[04:59.000 --> 05:02.000]  That's the tools we use.
[05:02.000 --> 05:04.400]  We use those to get to the politics.
[05:04.400 --> 05:11.400]  So the first thing we need to do is get strategic about organizing the tools.
[05:11.400 --> 05:19.080]  The first thing we have to do is don't listen to anything the other side says.
[05:19.080 --> 05:29.960]  Question everything, admit to nothing, accept nothing without conclusive proof of all of
[05:29.960 --> 05:31.960]  the elements.
[05:31.960 --> 05:37.480]  That's the first discipline we have to do.
[05:37.480 --> 05:43.280]  It gives us a different perspective on what's in front of us in this case.
[05:43.280 --> 05:49.280]  We have a lawyer that made proactive statements of fact and law.
[05:49.280 --> 05:56.680]  We don't accept any of those statements of fact and law as true unless he has conclusively
[05:56.680 --> 05:58.840]  proven them.
[05:58.840 --> 06:05.680]  So once we've got that done, now we look at it and we think, okay, how can we create for
[06:05.680 --> 06:09.080]  the other side the most difficulty?
[06:09.080 --> 06:12.680]  And if there's lawyers out there listening to me, they're going to say, oh, you can't
[06:12.680 --> 06:14.160]  do that.
[06:14.160 --> 06:16.240]  You have to argue valid issues.
[06:16.240 --> 06:25.400]  Well, if you're a lawyer dangling by your bar card perhaps, but if you're a pro se,
[06:25.400 --> 06:31.960]  you can do these calculations and I assure you that every lawyer, even though he's dangling
[06:31.960 --> 06:36.960]  by his bar card, does these calculations.
[06:36.960 --> 06:41.920]  What will give me the most leverage?
[06:41.920 --> 06:49.240]  Every lawyer goes into a case with the expectation of settling the case, not waiting in the end.
[06:49.240 --> 06:54.000]  He's going to do everything he can to build as much leverage for his side.
[06:54.000 --> 07:01.560]  You get stopped for a gram of marijuana, they charge you with enough marijuana to make a
[07:01.560 --> 07:07.520]  trafficking charge so they can use that to leverage you back to what they wanted to charge
[07:07.520 --> 07:09.120]  you with in the first place.
[07:09.120 --> 07:11.480]  This is how it works.
[07:11.480 --> 07:13.840]  So you need to do the same thing.
[07:13.840 --> 07:18.400]  Go after that lawyer for everything you can.
[07:18.400 --> 07:25.720]  He makes a statement, if he testifies to the court, makes a statement out of his own mouth,
[07:25.720 --> 07:29.600]  bar grieve him for it.
[07:29.600 --> 07:31.480]  Lawyers can't testify.
[07:31.480 --> 07:34.440]  Build all the leverage you can and that's really what we will do.
[07:34.440 --> 07:36.800]  You opened up another can of worms there, Randy.
[07:36.800 --> 07:45.000]  You've got to be able to identify when a lawyer is testifying.
[07:45.000 --> 07:47.680]  That's not so easy.
[07:47.680 --> 07:50.200]  That is absolutely true.
[07:50.200 --> 07:54.400]  You should always get transcripts and go back through them and read them.
[07:54.400 --> 07:55.400]  Yes.
[07:55.400 --> 08:00.120]  That's something I did is I developed a nasty habit of getting transcripts of all the hearings
[08:00.120 --> 08:02.120]  I went to.
[08:02.120 --> 08:07.400]  This, it is the transcript is what I hold against them.
[08:07.400 --> 08:12.520]  But you know what, in courts right here, these trial courts, they're not recorded.
[08:12.520 --> 08:17.840]  You can ask for a court reporter, but then it's going to like, you know, then the judge
[08:17.840 --> 08:22.480]  is going to like probably a little edgy, you know, why are you asking for a...
[08:22.480 --> 08:23.480]  Okay.
[08:23.480 --> 08:24.600]  Hang on.
[08:24.600 --> 08:29.480]  You really don't care if that judge is edgy or not.
[08:29.480 --> 08:35.160]  The judge is a public servant.
[08:35.160 --> 08:37.720]  You are the master.
[08:37.720 --> 08:42.800]  The judge has a duty to determine the facts in accordance with the rules of evidence and
[08:42.800 --> 08:45.600]  apply the law as it comes to him, to the facts in the case.
[08:45.600 --> 08:49.200]  If he wants to do something else, he needs to go do that at home.
[08:49.200 --> 08:53.520]  If he wants to have himself an attitude, go have that at home.
[08:53.520 --> 08:58.400]  But if he wants to do something that denies you any one of your rights, your judicial
[08:58.400 --> 09:07.080]  conduct complaint against him, depending on the nature I had a judge, tell me that I was
[09:07.080 --> 09:13.880]  in jeopardy of contempt of court because of what I was saying to the court.
[09:13.880 --> 09:20.680]  So far as I was concerned, he threatened me in order to alter my testimony.
[09:20.680 --> 09:26.360]  That's witness tampering, charging with it.
[09:26.360 --> 09:30.560]  Now a lawyer can't play hardball with the judge, but you can.
[09:30.560 --> 09:35.880]  You have to assume the judge is going to rule against you out of hand at every turn.
[09:35.880 --> 09:43.280]  Maybe, maybe he won't, but you have to act as if he's going to, if he rules in your favor,
[09:43.280 --> 09:44.280]  wonderful.
[09:44.280 --> 09:47.360]  And in the end, you don't care what he wants.
[09:47.360 --> 09:55.000]  You are only there to set the record for appeal.
[09:55.000 --> 09:56.520]  Keep that always in mind.
[09:56.520 --> 10:00.360]  You don't care what this judge does.
[10:00.360 --> 10:02.640]  You're just there to set the record.
[10:02.640 --> 10:06.200]  Have you read Jurisdictionary?
[10:06.200 --> 10:07.200]  Yeah.
[10:07.200 --> 10:08.200]  Good.
[10:08.200 --> 10:09.200]  Yeah.
[10:09.200 --> 10:16.440]  But I kind of like stray away from it, but I got to stay on exactly everything he says.
[10:16.440 --> 10:19.480]  Go back to it and be a mechanic.
[10:19.480 --> 10:21.480]  It'll make life a lot easier for you.
[10:21.480 --> 10:28.440]  And above all, be careful about getting caught up in the fight.
[10:28.440 --> 10:34.720]  That's why you write down your intended ultimate outcome.
[10:34.720 --> 10:36.060]  Write it down.
[10:36.060 --> 10:41.600]  Go for something much bigger, but know what a win is.
[10:41.600 --> 10:43.400]  You always keep that in front of you.
[10:43.400 --> 10:46.480]  It keeps you from getting caught up in the fight.
[10:46.480 --> 10:49.880]  A dismissal would be a win.
[10:49.880 --> 10:56.680]  A dismissal with prejudice would be a knockout.
[10:56.680 --> 11:04.760]  A dismissal with prejudice and damages, that's going to take a lot of work.
[11:04.760 --> 11:12.080]  A deal where the lender knocks off a couple hundred grand off the note, cuts your interest
[11:12.080 --> 11:15.880]  by two thirds, would that be a win?
[11:15.880 --> 11:20.200]  What would be just enough to be a win?
[11:20.200 --> 11:23.800]  Everything beyond that's extra.
[11:23.800 --> 11:29.920]  Once you got that always in mind, you always know where you're going.
[11:29.920 --> 11:38.560]  Everything you decide to do, ask yourself, will this lead me toward my ultimate outcome?
[11:38.560 --> 11:40.520]  If not, you don't get to do it.
[11:40.520 --> 11:48.360]  When the bailiff knocked me down and broke my elbow, I thought, if I go after the bailiff,
[11:48.360 --> 11:52.080]  will this lead me toward my ultimate outcome?
[11:52.080 --> 11:58.760]  I could find no way to frame it, or it would lead me toward my ultimate outcome, so I left
[11:58.760 --> 12:02.040]  the bailiff alone.
[12:02.040 --> 12:07.680]  That did more good for me than anything I could ever have done, and I wouldn't have
[12:07.680 --> 12:15.960]  been able to if I didn't have that talisman, that goal set for myself that I was going
[12:15.960 --> 12:16.960]  toward.
[12:16.960 --> 12:23.080]  Once you have that down, once you have that, then go back and be a mechanic.
[12:23.080 --> 12:25.880]  What are the elements of the case?
[12:25.880 --> 12:27.320]  Have they proved all the elements?
[12:27.320 --> 12:28.320]  What do they have to prove?
[12:28.320 --> 12:31.560]  What do you have to prove to get to the end?
[12:31.560 --> 12:39.280]  If you want to make an argument, and it's not part of one of those elements, no matter
[12:39.280 --> 12:45.960]  how much you want to make the argument, don't waste your time with it.
[12:45.960 --> 12:53.120]  Now I'm going to stop, and I'm going to quit interrupting you, and what question do you
[12:53.120 --> 12:54.120]  want to answer?
[12:54.120 --> 12:57.120]  Ask us if we haven't addressed.
[12:57.120 --> 13:03.480]  Well, I was thinking heavily about the FPCPA, because they're debt collectors.
[13:03.480 --> 13:07.640]  They always have on their correspondence, this is a test to collect the debt.
[13:07.640 --> 13:08.640]  Yes, it applies.
[13:08.640 --> 13:17.800]  I really don't want to hear anybody speak, you know, like, hey, yes, yes, it applies.
[13:17.800 --> 13:23.920]  Now what you've got to do by me saying, yes, it applies.
[13:23.920 --> 13:27.160]  This means that you're going to have to do your homework.
[13:27.160 --> 13:30.160]  You're going to have to find your case law to show that it does apply.
[13:30.160 --> 13:37.080]  You're going to have to show the statute that holds it applicable.
[13:37.080 --> 13:42.800]  You've already given me one good lead.
[13:42.800 --> 13:48.020]  They introduce themselves as a debt collector, and they give them mini Miranda.
[13:48.020 --> 13:51.440]  We are a debt collector attempting to collect the debt, any information gathered to be
[13:51.440 --> 13:54.320]  used for that purpose, blah, blah, blah, blah, blah.
[13:54.320 --> 13:55.320]  Done.
[13:55.320 --> 13:56.320]  Okay.
[13:56.320 --> 13:57.320]  Thank you.
[13:57.320 --> 14:02.440]  You just invoked two acts, or one of two.
[14:02.440 --> 14:11.400]  If you're in federal, you're going to 15 USC.
[14:11.400 --> 14:18.920]  If you're state, you're going to your state's debt collection act, Fair Debt Collection.
[14:18.920 --> 14:20.160]  Every state has one.
[14:20.160 --> 14:21.160]  Yeah.
[14:21.160 --> 14:27.360]  If you're in the Fed, if you want to use the FDCPA, I'm sorry, the Fair Debt Collections
[14:27.360 --> 14:32.960]  Practices Act, you use 15 USC 1692 G.
[14:32.960 --> 14:33.960]  Correct.
[14:33.960 --> 14:47.320]  Now, if this entity that is acting as a debt collector is registered with your state's...
[14:47.320 --> 14:57.040]  Here in Texas, it would be the secretary of state, but New York's equivalent, if not literally
[14:57.040 --> 15:09.400]  a secretary of state, if they are registered as a debt collector in New York, then there
[15:09.400 --> 15:15.660]  is no diversity of jurisdiction if you go after them alone.
[15:15.660 --> 15:19.800]  If they are registered to do business in that state, then they must have an office where
[15:19.800 --> 15:25.140]  they can be served with citation.
[15:25.140 --> 15:31.360]  If it were me, I would have them served with citation.
[15:31.360 --> 15:40.620]  My cause of actions, my causes of action would be found in violations of the State Debt Collection
[15:40.620 --> 15:43.400]  Practices Act.
[15:43.400 --> 15:48.120]  Bring forth all of your claims against them in the state venue.
[15:48.120 --> 15:54.940]  The reason I say in the state venue is because they are registered to do business there in
[15:54.940 --> 15:57.960]  New York, making them a New York entity.
[15:57.960 --> 16:05.080]  There is no diversity of jurisdiction that would possibly make this a federal issue.
[16:05.080 --> 16:06.080]  Why?
[16:06.080 --> 16:08.680]  Are they debt collectors?
[16:08.680 --> 16:09.680]  They are...
[16:09.680 --> 16:10.680]  Correct.
[16:10.680 --> 16:11.680]  Correct.
[16:11.680 --> 16:17.960]  But they're licensed or they're permitted to do business in New York.
[16:17.960 --> 16:25.360]  I would look more toward the New York statutes than the federal statutes because diversity
[16:25.360 --> 16:26.800]  is not an issue.
[16:26.800 --> 16:27.800]  Okay.
[16:27.800 --> 16:28.800]  Great.
[16:28.800 --> 16:29.800]  Got you.
[16:29.800 --> 16:35.040]  In the state, they would probably shoot it back down to the state anyway, huh?
[16:35.040 --> 16:38.200]  If it was filed and fed, it would probably be remanded.
[16:38.200 --> 16:41.320]  Bill, we're going to let you go, man.
[16:41.320 --> 16:46.280]  We've got two other callers online that have been very patiently waiting.
[16:46.280 --> 16:52.200]  If you've got more men, call us back next week or call us back later in the hour.
[16:52.200 --> 16:53.200]  Thank you for calling.
[16:53.200 --> 16:54.200]  512-646-1984.
[16:54.200 --> 16:55.200]  We'll be right back.
[16:55.200 --> 16:56.200]  Stay tuned.
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[18:00.640 --> 18:05.360]  Are you being harassed by debt collectors with phone calls, letters, or even losses?
[18:05.360 --> 18:09.480]  Stop debt collectors now with the Michael Mears proven method.
[18:09.480 --> 18:13.720]  Michael Mears has won six cases in federal court against debt collectors, and now you
[18:13.720 --> 18:14.720]  can win too.
[18:14.720 --> 18:19.640]  You'll get step-by-step instructions in plain English on how to win in court using federal
[18:19.640 --> 18:25.400]  civil rights statutes, what to do when contacted by phone, mail, or court summons, how to answer
[18:25.400 --> 18:30.000]  letters and phone calls, how to get debt collectors out of your credit report, how to turn the
[18:30.000 --> 18:34.160]  financial tables on them and make them pay you to go away.
[18:34.160 --> 18:39.280]  The Michael Mears proven method is the solution for how to stop debt collectors.
[18:39.280 --> 18:41.440]  Final consultation is available as well.
[18:41.440 --> 18:47.080]  For more information, please visit ruleoflawradio.com and click on the blue Michael Mears banner,
[18:47.080 --> 18:49.920]  or email michaelmears at yahoo.com.
[18:49.920 --> 18:58.960]  That's ruleoflawradio.com, or email m-i-c-h-a-e-l-m-i-r-r-a-f at yahoo.com to learn how to stop debt
[18:58.960 --> 18:59.960]  collectors now.
[18:59.960 --> 19:08.960]  You are listening to the Logos Radio Network, the Logos Radio Network.com.
[19:08.960 --> 19:18.360]  Well, don't let nothing get to you, only the father can deliver you, don't let bad
[19:18.360 --> 19:27.760]  mind people hurt you, and tell sis and get behind, Norman, my friend, and all of your
[19:27.760 --> 19:28.760]  children.
[19:28.760 --> 19:29.760]  Come on.
[19:29.760 --> 19:59.120]  Welcome back to Rule Law Radio, folks.
[19:59.120 --> 20:07.600]  And Bill in New York, do please call in next week or later on in the show, and let's try
[20:07.600 --> 20:11.160]  to stay on point on the question.
[20:11.160 --> 20:17.040]  So Phil in Texas, thank you for very patiently holding on for so long.
[20:17.040 --> 20:22.320]  What do you got on your mind, brother?
[20:22.320 --> 20:31.400]  Back in May of 2014, I was sued by a debt collector.
[20:31.400 --> 20:36.680]  And actually, I bought the Michael Mears program, just sent out the first letter, just kind
[20:36.680 --> 20:41.080]  of just denying everything.
[20:41.080 --> 20:46.520]  And they gave me a response back that I kind of thought was non-responsive, but then it
[20:46.520 --> 20:47.520]  didn't.
[20:47.520 --> 20:50.120]  Okay, pause right there.
[20:50.120 --> 20:51.120]  Yeah.
[20:51.120 --> 21:02.440]  Well, Randy had alluded to 15 USC 1692-G, which I know for a fact is also referred to
[21:02.440 --> 21:09.080]  in Mr. Mears' package, 1692-G.
[21:09.080 --> 21:14.080]  There are two periods of time.
[21:14.080 --> 21:18.320]  There is a time to acknowledge and a time to respond.
[21:18.320 --> 21:19.600]  Right.
[21:19.600 --> 21:27.520]  I had the understanding that here a year or two ago, that time was narrowed.
[21:27.520 --> 21:34.440]  I take that back, pause, never mind that what I'm thinking was pursuant to a qualified written
[21:34.440 --> 21:37.440]  request, I apologize.
[21:37.440 --> 21:42.840]  So they've got, I believe, correct me if I'm wrong, it's been a while since I've read
[21:42.840 --> 21:56.760]  the statute, but they've got 20 days to acknowledge and 30 days to respond, is that correct?
[21:56.760 --> 21:57.840]  I'm looking it up.
[21:57.840 --> 22:00.040]  It's been even longer since I've read it.
[22:00.040 --> 22:01.040]  Okay.
[22:01.040 --> 22:07.320]  And they did send a letter back, but they didn't, I guess, refute any of the very few
[22:07.320 --> 22:09.160]  of the points that I brought out.
[22:09.160 --> 22:11.360]  Okay, wait a minute, wait a minute.
[22:11.360 --> 22:17.440]  In the first letter that you got back from them, the first response, I have two questions
[22:17.440 --> 22:18.920]  about that.
[22:18.920 --> 22:25.160]  Number one, what was the language in the letter that they sent to you?
[22:25.160 --> 22:31.040]  And second, what was the timeframe from the time they received it to the time they sent
[22:31.040 --> 22:34.880]  you this, the time it was postmarked?
[22:34.880 --> 22:37.560]  They did send it back in a relatively timely manner.
[22:37.560 --> 22:39.080]  I'd have to go look at it.
[22:39.080 --> 22:41.280]  I have it all filed away.
[22:41.280 --> 22:49.200]  When you say relatively timely manner, relative is objection irrelevant.
[22:49.200 --> 22:53.200]  What is relevant is statutory requirements.
[22:53.200 --> 22:54.200]  Right.
[22:54.200 --> 22:55.200]  I think that-
[22:55.200 --> 23:00.520]  That is the only thing relevant is statutory requirements.
[23:00.520 --> 23:02.560]  Right.
[23:02.560 --> 23:09.040]  And when they did respond to me, and it was about two weeks that it took them to respond.
[23:09.040 --> 23:19.360]  Well, wait a minute, wait a minute, keep in mind, let's not be misled by the word respond.
[23:19.360 --> 23:23.720]  We typically think, and I've fallen into the same trap.
[23:23.720 --> 23:29.680]  We think a response is the first letter, not in this case.
[23:29.680 --> 23:31.160]  Right.
[23:31.160 --> 23:39.800]  In this case, an acknowledgement is required before a response.
[23:39.800 --> 23:43.560]  A response is an answer to your question.
[23:43.560 --> 23:52.120]  An acknowledgement says, oh, hey, we've got your letter and we intend to respond by, pick
[23:52.120 --> 23:57.880]  your date, that would be based upon the time they received your request.
[23:57.880 --> 23:58.880]  Right.
[23:58.880 --> 24:10.680]  Pursuant to 1692 G. So 1692 G, again, there's a double, there's two statutes of limitations
[24:10.680 --> 24:12.240]  built in there.
[24:12.240 --> 24:14.040]  And Randy's looking into this.
[24:14.040 --> 24:21.560]  I think they've got to, I know for a fact, now the time to respond is the only thing
[24:21.560 --> 24:28.240]  that's cloudy in my mind, but I know for a fact, they must first send you acknowledgement
[24:28.240 --> 24:35.760]  that they have received your request and have every intent on responding within the statutorily
[24:35.760 --> 24:38.720]  allowed time limit.
[24:38.720 --> 24:43.600]  By the end of that time, they have got to respond.
[24:43.600 --> 24:50.880]  Response differs from acknowledgement in that it answers your question.
[24:50.880 --> 24:56.320]  So there's a two-step process, hey, we got your question, we'll get right back.
[24:56.320 --> 24:59.920]  And then there's the answer to your question.
[24:59.920 --> 25:04.440]  That's the difference between acknowledgement and response.
[25:04.440 --> 25:11.920]  So when did they, my question to you, Philip, is when did they, I'm sorry, what was the
[25:11.920 --> 25:18.920]  language in their acknowledgement that is the first correspondence that you would have
[25:18.920 --> 25:23.800]  received since you sent that?
[25:23.800 --> 25:35.400]  And what is the time period correspondent with the statutory allowed time period for
[25:35.400 --> 25:36.400]  their acknowledgement?
[25:36.400 --> 25:37.400]  Okay, hold on.
[25:37.400 --> 25:43.880]  I just read the statute and I think we're confusing this with a qualified written request
[25:43.880 --> 25:46.320]  as.
[25:46.320 --> 25:56.560]  The only time limit here is the consumer after receiving a presentment from the debt collector
[25:56.560 --> 26:01.680]  has 30 days to dispute the debt.
[26:01.680 --> 26:07.880]  And there is no time limit in the statute for the debt collector to respond.
[26:07.880 --> 26:14.000]  However, the debt collector is stopped from any further collection activities until he
[26:14.000 --> 26:18.680]  does respond.
[26:18.680 --> 26:27.120]  That five day and 20 day is the qualified written request statute.
[26:27.120 --> 26:33.200]  In my defense, I have spent far more time in the real estate settlement procedures act
[26:33.200 --> 26:35.960]  than I have the Fair Debt Collection Practices.
[26:35.960 --> 26:36.960]  Me too.
[26:36.960 --> 26:39.400]  I knew the statute had been a long time since I read it.
[26:39.400 --> 26:44.840]  I've written a brief on this statute and I still didn't remember what happens when you're
[26:44.840 --> 26:47.840]  old and you sleep.
[26:47.840 --> 26:55.640]  So they forgot to say it earlier on, but this is my letter was in response to the suits.
[26:55.640 --> 26:59.040]  So they yell that this isn't just me as they usually are.
[26:59.040 --> 27:00.040]  Yes.
[27:00.040 --> 27:01.040]  Right.
[27:01.040 --> 27:07.800]  So he and they filed to county court and I responded and added, you know, my response
[27:07.800 --> 27:17.520]  to the court record sent both the court and the lawyer a certified letter refuting all
[27:17.520 --> 27:20.520]  his claims.
[27:20.520 --> 27:23.040]  And they just sent me personally back up.
[27:23.040 --> 27:26.480]  Whoa, whoa, whoa, whoa, whoa, whoa, whoa.
[27:26.480 --> 27:27.480]  Okay.
[27:27.480 --> 27:31.320]  Let me go back a little bit and see if I understand something.
[27:31.320 --> 27:39.920]  They filed something in court and you responded back to them by certified letter.
[27:39.920 --> 27:41.720]  Yes.
[27:41.720 --> 27:43.160]  Okay.
[27:43.160 --> 27:48.920]  Did you file an answer in the court before your, did you file an answer in the court?
[27:48.920 --> 27:49.920]  Yes.
[27:49.920 --> 27:52.920]  At the same time.
[27:52.920 --> 27:54.920]  Okay.
[27:54.920 --> 27:58.360]  There's a flaw here.
[27:58.360 --> 28:06.760]  Once you file something in court, you do not respond directly to the other side.
[28:06.760 --> 28:12.280]  You always, unless you're in discovery, okay.
[28:12.280 --> 28:21.000]  Once you go into discovery, you're not filing your response to the plaintiff's request for
[28:21.000 --> 28:30.760]  derogatories, admissions of, request for admissions and request for production, blah, blah, blah.
[28:30.760 --> 28:31.760]  Okay.
[28:31.760 --> 28:37.760]  That is kind of back and forth between you and the respondent, not involving the court,
[28:37.760 --> 28:45.200]  but up to that point, everything's got to be filed in court, in the court so that the
[28:45.200 --> 28:48.760]  court sees what's going on.
[28:48.760 --> 28:54.200]  Now you're required in discovery to keep a record of discovery.
[28:54.200 --> 29:02.960]  So if there's any issues that arise from discovery or the failure to, let me leave it at that,
[29:02.960 --> 29:10.000]  any issues arriving from discovery so that you, you're able to bring your records back
[29:10.000 --> 29:18.560]  to the court for the court to take a closer look to see if everything has been complied
[29:18.560 --> 29:21.360]  with statutorily.
[29:21.360 --> 29:23.640]  Let me ask a quick question.
[29:23.640 --> 29:29.960]  Philip, what you sent to the lawyer, was it a copy of your answer or was it a separate
[29:29.960 --> 29:30.960]  letter?
[29:30.960 --> 29:32.960]  It was a copy of the answer.
[29:32.960 --> 29:33.960]  Oh, good.
[29:33.960 --> 29:34.960]  You're clean.
[29:34.960 --> 29:35.960]  Hang on.
[29:35.960 --> 29:36.960]  We're about to go to break.
[29:36.960 --> 29:40.280]  Randy Kelton, Steve Skidmore, we have our radio.
[29:40.280 --> 29:45.080]  Our call in number 512-646-1984.
[29:45.080 --> 29:49.720]  Okay, we'll keep the call boards open all night and we'll take any questions, especially
[29:49.720 --> 29:55.120]  questions about personal issues for Steve just to make him come home.
[29:55.120 --> 29:56.120]  No, no, no, no, no.
[29:56.120 --> 29:57.120]  You did that.
[29:57.120 --> 29:58.120]  You sneaky booger.
[29:58.120 --> 29:59.120]  We'll be right back.
[29:59.120 --> 30:05.320]  Russian writer Alexander Solzhenitsyn was sentenced to eight years hard labor for criticizing
[30:05.320 --> 30:06.960]  Stalin in a letter to a friend.
[30:06.960 --> 30:09.520]  Good thing those days are past, or are they?
[30:09.520 --> 30:11.120]  I'm Dr. Catherine Albrecht.
[30:11.120 --> 30:12.120]  More in a moment.
[30:12.120 --> 30:17.120]  Google is watching you, recording everything you've ever searched for and creating a massive
[30:17.120 --> 30:19.360]  database of your personal information.
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[30:23.040 --> 30:26.160]  Startpage.com is the world's most private search engine.
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[30:38.160 --> 30:40.080]  and total privacy.
[30:40.080 --> 30:42.520]  Startpage.com, the world's most private search engine.
[30:42.520 --> 30:47.600]  Back in the bad old Soviet days, officials routinely opened people's letters and scanned
[30:47.600 --> 30:49.200]  them for political correctness.
[30:49.200 --> 30:53.360]  Today, the government of Finland is opening and scanning people's letters for a different
[30:53.360 --> 30:55.720]  reason, to deliver their mail electronically.
[30:55.720 --> 31:00.720]  Hundreds of Finnish citizens are letting postal workers open their mail and scan each letter
[31:00.720 --> 31:04.960]  and bill into a computer file they can see online or receive by email.
[31:04.960 --> 31:07.640]  They hope the idea eventually goes viral.
[31:07.640 --> 31:11.480]  Political officials promise the staff is sworn to secrecy and would never read the contents
[31:11.480 --> 31:12.480]  of the letters.
[31:12.480 --> 31:17.720]  Somehow, if he were alive today, I doubt Alexander Solzhenitsyn would be among the first to sign
[31:17.720 --> 31:18.720]  up.
[31:18.720 --> 31:19.720]  I'm Dr. Catherine Albrecht.
[31:19.720 --> 31:22.720]  More news and information at CatherineAlbrecht.com.
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[32:03.320 --> 32:06.360]  RULE OF LAW RADIO is proud to offer the Rule of Law traffic seminar.
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[32:14.120 --> 32:17.160]  Among those rights are the right to travel freely from place to place, the right to act
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[33:25.160 --> 33:39.440]  Welcome back to Rule of Law Radio, folks.
[33:39.440 --> 33:45.000]  You are listening to Steve Skidmore, who stands corrected, and Randy Kelton, who corrected
[33:45.000 --> 33:51.200]  me, and I'm sure Phillip in Texas would probably have had something to add to it too, but I
[33:51.200 --> 33:55.680]  do stand corrected that what I was saying was true.
[33:55.680 --> 34:06.480]  It was completely irrelevant because what I was saying in the double timeline or the
[34:06.480 --> 34:15.440]  two statutes of limitations was, in fact, pursuant to Real Estate Settlement Procedures
[34:15.440 --> 34:24.360]  Act, I'll forget the statute, it's according to a Qualified Written Request, aka QWR.
[34:24.360 --> 34:32.800]  So Phillip, my apologies for wasting so much of your time and being off statute, so to
[34:32.800 --> 34:35.800]  speak, I suppose.
[34:35.800 --> 34:42.600]  Okay, I guess the only thing to do from here is to pick it up.
[34:42.600 --> 34:47.680]  Phillip, that's your cue, buddy.
[34:47.680 --> 34:48.680]  Get us back on track.
[34:48.680 --> 34:49.680]  Thank you.
[34:49.680 --> 34:50.680]  That's it.
[34:50.680 --> 34:58.720]  I mean, so they sent a response to my, I guess to my answer, sorry, my terminology being
[34:58.720 --> 35:06.240]  kind of read it down the wrong path, but they sent a response to me, but not to the courts.
[35:06.240 --> 35:07.240]  So...
[35:07.240 --> 35:11.120]  Okay, they can't bring it up in the court.
[35:11.120 --> 35:14.000]  They're not required to respond to your answer.
[35:14.000 --> 35:15.360]  Okay.
[35:15.360 --> 35:22.440]  But if they didn't send one to the court, if they didn't file one, they can't address
[35:22.440 --> 35:25.520]  that document in the court.
[35:25.520 --> 35:27.740]  Their response is not before the court.
[35:27.740 --> 35:31.320]  Did you check to see if they had actually filed one?
[35:31.320 --> 35:37.120]  I have and there's nothing in the court record besides the original due to my answer.
[35:37.120 --> 35:41.920]  Okay, so what that, all that does is if they try to address anything that's in there, you
[35:41.920 --> 35:42.920]  raise an objection.
[35:42.920 --> 35:43.920]  Okay.
[35:43.920 --> 35:49.720]  Not an issue before the court calls for a legal conclusion.
[35:49.720 --> 35:54.480]  So I guess my real question is where do I go from here?
[35:54.480 --> 35:59.440]  Timeframes are the suit was filed in 2014, May 2014.
[35:59.440 --> 36:06.120]  I responded at the beginning of June of 2014 or answered, I guess.
[36:06.120 --> 36:14.840]  Has it been over 180 days since they've taken any action toward prosecuting the suit?
[36:14.840 --> 36:18.360]  It's been over 180 days and I haven't heard anything from them and there's nothing in
[36:18.360 --> 36:19.360]  the court record.
[36:19.360 --> 36:22.720]  File a motion to dismiss the lack of prosecution.
[36:22.720 --> 36:28.800]  Failure to prosecute or failure to prosecute in a timely manner and then cite the statute
[36:28.800 --> 36:32.920]  that allows them the, how many days?
[36:32.920 --> 36:35.720]  180, I thought.
[36:35.720 --> 36:36.720]  180.
[36:36.720 --> 36:37.720]  Okay.
[36:37.720 --> 36:43.880]  Find that statute that allows them 180 days and file a motion to dismiss for failure to
[36:43.880 --> 36:47.080]  prosecute in a timely manner.
[36:47.080 --> 36:51.640]  So now let me pause you right there.
[36:51.640 --> 36:54.120]  What I need to prepare for.
[36:54.120 --> 36:55.720]  Hang on, hang on just a second.
[36:55.720 --> 37:03.120]  Have you looked into the statute limitations on filing for this specific cause and do you
[37:03.120 --> 37:07.920]  have a statute limitations issue?
[37:07.920 --> 37:09.920]  I have not looked into it yet.
[37:09.920 --> 37:14.320]  How old was this debt?
[37:14.320 --> 37:22.280]  The debt is, I'd say at this point, two to three years old.
[37:22.280 --> 37:23.280]  Okay.
[37:23.280 --> 37:28.320]  It's going to have to be four to fall within the statute limitations for coming after you.
[37:28.320 --> 37:34.600]  In other words, if you can hold them off until they sell it to another company and then hold
[37:34.600 --> 37:43.560]  them off until they sell it to another company, until four years has passed, then you got
[37:43.560 --> 37:47.920]  the next guy in line on statute limitations.
[37:47.920 --> 37:52.440]  My recommendation, don't poke the bear.
[37:52.440 --> 37:53.440]  Correct.
[37:53.440 --> 37:56.680]  I was wondering.
[37:56.680 --> 38:03.240]  If they try now to prosecute, then you object to the prosecution and ask them to dismiss
[38:03.240 --> 38:08.680]  for failure to timely prosecute, but otherwise just let the clock run.
[38:08.680 --> 38:09.680]  Okay.
[38:09.680 --> 38:17.920]  Personally, I'd like to see it disappear so it's not hanging over my head in the back
[38:17.920 --> 38:25.040]  of my mind, but I completely understand I don't really want them to start filing paperwork
[38:25.040 --> 38:26.560]  and all that sort of stuff.
[38:26.560 --> 38:33.160]  If it just does disappear four years later, then I can stall or you know.
[38:33.160 --> 38:35.960]  Well, let me... Okay.
[38:35.960 --> 38:39.280]  Let's switch tracks here.
[38:39.280 --> 38:40.440]  We're on the same topic.
[38:40.440 --> 38:43.360]  We're just switching tracks.
[38:43.360 --> 38:55.960]  Were you trying to work out some type of deal with the actual creditor at the time that
[38:55.960 --> 38:59.000]  this other party entered into a deal?
[38:59.000 --> 39:00.000]  No.
[39:00.000 --> 39:01.000]  Nothing.
[39:01.000 --> 39:02.000]  No.
[39:02.000 --> 39:03.000]  Okay.
[39:03.000 --> 39:11.720]  When was the last communication that you received from the actual creditor?
[39:11.720 --> 39:12.720]  I don't know.
[39:12.720 --> 39:15.720]  I didn't keep good records on it, to be honest.
[39:15.720 --> 39:19.880]  Good records of the lawsuit, but not anything from the creditor.
[39:19.880 --> 39:20.880]  Okay.
[39:20.880 --> 39:21.880]  Let that be a lesson to you.
[39:21.880 --> 39:24.320]  Always keep everything.
[39:24.320 --> 39:28.640]  If I buy gas down the street, I keep the receipt.
[39:28.640 --> 39:33.120]  When the lady asked me, do you want your receipt, yes, I do.
[39:33.120 --> 39:35.120]  Keep it.
[39:35.120 --> 39:36.120]  Everything.
[39:36.120 --> 39:37.120]  Everything.
[39:37.120 --> 39:41.200]  Keep it, because you never know when you're going to need it.
[39:41.200 --> 39:42.200]  Keep it.
[39:42.200 --> 39:47.720]  Keep it until your statute of limitations runs out on a cause of action on that document.
[39:47.720 --> 39:48.720]  Right.
[39:48.720 --> 39:50.760]  Then get rid of it.
[39:50.760 --> 39:51.760]  Okay.
[39:51.760 --> 40:02.000]  Now, that said, that's for future thought, but with... I had a statute of limitations
[40:02.000 --> 40:08.920]  issue thing, but you're still a good ways out on statute of limitations.
[40:08.920 --> 40:18.560]  That is for filing suit on an alleged claim or an assigned claim.
[40:18.560 --> 40:27.240]  What evidence did they give you that the claim was actually assigned to them?
[40:27.240 --> 40:29.440]  They sent... I'm trying to remember.
[40:29.440 --> 40:31.800]  I have it in front of me.
[40:31.800 --> 40:37.040]  They sent a... basically, the bill, it was a credit card bill.
[40:37.040 --> 40:41.600]  They just sent me a copy of the credit card bill, and that was all the evidence.
[40:41.600 --> 40:48.800]  Then they had someone from some random place, honestly, it was some random place lady sign
[40:48.800 --> 40:54.720]  that I verify that this debt is accurate, blah, blah, blah, and it was signed to him.
[40:54.720 --> 40:57.720]  That was an affidavit?
[40:57.720 --> 40:58.720]  Mm-hmm.
[40:58.720 --> 40:59.720]  Okay.
[40:59.720 --> 41:00.720]  Okay.
[41:00.720 --> 41:12.240]  So a credit card bill and no assignment, just an affidavit saying that the credit card bill
[41:12.240 --> 41:13.240]  is accurate?
[41:13.240 --> 41:14.240]  Yes.
[41:14.240 --> 41:15.240]  Huh.
[41:15.240 --> 41:24.720]  It's awful strange that some unidentified party who you've never had a contract with
[41:24.720 --> 41:27.840]  steps into the middle of your deal.
[41:27.840 --> 41:28.840]  Okay.
[41:28.840 --> 41:29.840]  Okay.
[41:29.840 --> 41:36.240]  So out of the blue, these guys just step into your business and say, hey, now you owe us
[41:36.240 --> 41:37.240]  money.
[41:37.240 --> 41:38.840]  Well, I don't have a contract with you.
[41:38.840 --> 41:41.440]  I have a contract with these guys.
[41:41.440 --> 41:42.440]  Exactly.
[41:42.440 --> 41:43.440]  Okay.
[41:43.440 --> 41:54.280]  So I was, or I thought maybe at some time, I was negotiating with these guys, LLC.
[41:54.280 --> 42:00.800]  But now you guys, PLLC step into the picture.
[42:00.800 --> 42:05.160]  What grants you the authority to be here?
[42:05.160 --> 42:16.480]  Now, if you cannot prove to me that you have absolute authority to be here asking me this
[42:16.480 --> 42:24.640]  under some kind of color of claim, then what I'm going to hold you responsible for is tortious
[42:24.640 --> 42:27.880]  interference with a private contract.
[42:27.880 --> 42:39.040]  Now I will let you into this deal for $100,000.
[42:39.040 --> 42:50.200]  Now if you file one more document into court, I will take that as a tacit implication that
[42:50.200 --> 42:53.240]  you have accepted this deal.
[42:53.240 --> 43:05.320]  And within 10 days, I expect a check for $100,000 and in that 10 days, I do not receive that.
[43:05.320 --> 43:10.640]  I will sue you for breach of contract.
[43:10.640 --> 43:14.720]  Guy in Hawaii, lawyer in Hawaii, Ken Kuniyuki.
[43:14.720 --> 43:15.720]  Yes.
[43:15.720 --> 43:17.320]  And he won.
[43:17.320 --> 43:24.520]  Yes, he won Ken Kuniyuki.
[43:24.520 --> 43:33.920]  The Ken Kuniyuki is the attorney who filed this type of claim.
[43:33.920 --> 43:39.440]  I hear the music in the background that'll give you a couple of minutes to savor what
[43:39.440 --> 43:40.440]  I've just said.
[43:40.440 --> 43:48.120]  Then we can revisit that on the other side of this break 512-646-1984 will put you in
[43:48.120 --> 43:55.760]  line behind Rob in Minnesota is MNNM wherever you are, Rob will get to you.
[43:55.760 --> 44:04.760]  We'll be right backstaging.
[44:25.760 --> 44:48.840]  We'll be right back.
[44:56.760 --> 45:04.400]  Are you the plaintiff or defendant in a lawsuit?
[45:04.400 --> 45:11.160]  Win your case without an attorney with Jurisdictionary, the affordable, easy to understand, 4-CD course
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[46:24.680 --> 46:54.620]  Thanks for your time.
[46:54.680 --> 47:08.000]  Welcome back to Rule of Law Radio, folks.
[47:08.000 --> 47:09.880]  Philip in Texas.
[47:09.880 --> 47:20.480]  What I just explained to you was, let me set the background to Ken Kuniyuki.
[47:20.480 --> 47:23.160]  Somebody told me about a Kuniyuki letter.
[47:23.160 --> 47:32.800]  I spent days on the internet trying to find out what is a Kuniyuki letter.
[47:32.800 --> 47:42.040]  My searches led me to an attorney in Hawaii named Ken Kuniyuki.
[47:42.040 --> 47:47.000]  Here's what happened with Ken Kuniyuki, or actually with his client.
[47:47.000 --> 47:51.280]  His client was being sued by a debt collector.
[47:51.280 --> 48:01.040]  However, unfortunate for the debt collector, Kuniyuki was representing his client in regard
[48:01.040 --> 48:03.440]  to the creditor.
[48:03.440 --> 48:05.840]  They were trying to work out a deal.
[48:05.840 --> 48:12.200]  Now here comes his third party debt collector with bar cards saying, hey, you owe us now.
[48:12.200 --> 48:17.360]  Well wait a minute, wait a minute, who are you?
[48:17.360 --> 48:18.880]  Who are you?
[48:18.880 --> 48:26.320]  I'm over here trying to work this out with the creditor and now you, Mr. bar card, step
[48:26.320 --> 48:28.680]  into the middle of my business here.
[48:28.680 --> 48:34.160]  I don't have a contract with you, I have a contract with them.
[48:34.160 --> 48:41.400]  So I'm going to accuse you of torrious interference with a private contract.
[48:41.400 --> 48:47.920]  Now I tell you what, I will let you into my contract for a price.
[48:47.920 --> 48:56.360]  My price is $100,000 and you don't have to directly respond to this, but I will take
[48:56.360 --> 49:02.920]  it as a tacit implication that if you file another document in this that you have accepted
[49:02.920 --> 49:12.080]  my offer and you would then, upon the time of filing, have 10 days forward to get me
[49:12.080 --> 49:17.840]  a check for that $100,000.
[49:17.840 --> 49:29.120]  Now if the other party, as in Kuniuki's client's case, files another document, he has accepted
[49:29.120 --> 49:30.120]  it now.
[49:30.120 --> 49:35.440]  There's some background stuff that you need to know.
[49:35.440 --> 49:46.920]  Kuniuki responded or communicated directly with the third party, not through the court.
[49:46.920 --> 49:56.720]  This was an ex parte communication, so to speak, from one party to another party not
[49:56.720 --> 50:00.200]  involving the court.
[50:00.200 --> 50:03.040]  Here's my offer.
[50:03.040 --> 50:08.080]  I noticed that you're torriously interfering, but you seem to want in on this.
[50:08.080 --> 50:09.680]  I'll let you in on this.
[50:09.680 --> 50:10.680]  Here's my offer.
[50:10.680 --> 50:13.760]  You pay me $1,000 if you file another document.
[50:13.760 --> 50:16.680]  They filed another document.
[50:16.680 --> 50:19.880]  That's binding.
[50:19.880 --> 50:27.400]  They accepted his offer because that was one of the terms in the offer that by filing another
[50:27.400 --> 50:29.920]  document you accept my terms.
[50:29.920 --> 50:31.960]  They filed another document.
[50:31.960 --> 50:40.560]  Now I don't have any conclusive evidence of this, but my understanding is that in court,
[50:40.560 --> 50:49.880]  in oral argument, when Kuniuki sued them for breach of contract, when he didn't receive
[50:49.880 --> 51:08.360]  the $100,000 that he sued them for breach of contract, that he won the $100,000 because
[51:08.360 --> 51:15.680]  they filed something else, it was when he sued them for breach of contract, that's when
[51:15.680 --> 51:23.360]  he brought that communication in as evidence, had it entered into the record of evidence,
[51:23.360 --> 51:25.520]  and that's what hung them.
[51:25.520 --> 51:31.560]  One of the stipulations was that if you file one more document in court, you owe me $1,000
[51:31.560 --> 51:35.560]  payable in 10 days.
[51:35.560 --> 51:37.640]  The clock is ticking.
[51:37.640 --> 51:39.600]  You're saying $1,000.
[51:39.600 --> 51:44.360]  I'm sorry, $100,000.
[51:44.360 --> 51:54.480]  I'll let you in for $100,000, $100,000.
[51:54.480 --> 51:56.800]  And he won.
[51:56.800 --> 52:00.280]  They accepted his offer.
[52:00.280 --> 52:02.080]  So you're suggesting I do go folk the bear?
[52:02.080 --> 52:04.760]  I'm not suggesting you do anything.
[52:04.760 --> 52:10.680]  What I would suggest is that you do some research and that you wrap your mind around this and
[52:10.680 --> 52:13.280]  that you act on your own accord.
[52:13.280 --> 52:18.680]  But what you claim here is, who are you?
[52:18.680 --> 52:20.240]  I don't know you.
[52:20.240 --> 52:22.440]  I don't have a contract with you.
[52:22.440 --> 52:27.840]  And I did plan on raising just that simple fact, you know, when it came to actually go
[52:27.840 --> 52:31.520]  to court, you know, who are you, you know, and raise that.
[52:31.520 --> 52:38.400]  And that was actually a part of the answer back was, I don't even know who you are, you
[52:38.400 --> 52:39.680]  know, essentially.
[52:39.680 --> 52:42.880]  I don't have any records of you owing this debt.
[52:42.880 --> 52:45.120]  I did not owe you this debt.
[52:45.120 --> 52:53.080]  So you've just identified a third party intervener, not necessarily an intervener, but a third
[52:53.080 --> 52:56.280]  party holding a claim.
[52:56.280 --> 53:04.360]  And let me suggest subject matter jurisdiction challenge.
[53:04.360 --> 53:12.040]  How do you have standing or the legal capacity to invoke the subject matter jurisdiction
[53:12.040 --> 53:13.040]  of the court?
[53:13.040 --> 53:14.040]  Right.
[53:14.040 --> 53:18.400]  If you can't prove it up, the court lacks jurisdiction.
[53:18.400 --> 53:19.920]  Right.
[53:19.920 --> 53:26.800]  And if I do, you know, go after it, it just do something simple, like just ask for dismissal
[53:26.800 --> 53:29.560]  for lack of prosecution or timely prosecutions.
[53:29.560 --> 53:35.400]  And they do dismiss it, that's not going to be with prejudice most likely, right?
[53:35.400 --> 53:37.600]  It'll probably be without prejudice.
[53:37.600 --> 53:38.600]  Right.
[53:38.600 --> 53:43.800]  So they just be able to just refile it again and get back into it.
[53:43.800 --> 53:48.920]  To get it dismissed with prejudice, you're going to have to have some type of statutory
[53:48.920 --> 53:55.800]  claim that would negate their claim completely and negate their claim ab initio, that would
[53:55.800 --> 53:59.200]  be back to the creditor.
[53:59.200 --> 54:00.200]  That's nearly impossible.
[54:00.200 --> 54:04.120]  There's something else you can do.
[54:04.120 --> 54:10.400]  They filed an action and they caused you to have to answer, respond to that action.
[54:10.400 --> 54:15.040]  Then they failed to prosecute the action in a timely manner.
[54:15.040 --> 54:21.120]  So if the court dismisses without prejudice and they file the action a second time, then
[54:21.120 --> 54:30.640]  you countersue for the cost and aggravation of the first suit that they filed frivolously
[54:30.640 --> 54:32.400]  and failed to prosecute.
[54:32.400 --> 54:34.920]  I spent hours researching this for hours.
[54:34.920 --> 54:35.920]  Yes, you did.
[54:35.920 --> 54:38.160]  And time is money, brother.
[54:38.160 --> 54:39.800]  You know, and I, time is money.
[54:39.800 --> 54:42.080]  Heck, I've billed Brandy before for my time.
[54:42.080 --> 54:43.080]  It's not...
[54:43.080 --> 54:44.080]  Okay.
[54:44.080 --> 54:46.760]  So what do you value your time at?
[54:46.760 --> 54:48.800]  $100 an hour.
[54:48.800 --> 54:49.800]  Really?
[54:49.800 --> 54:52.800]  Gee, you're cheap.
[54:52.800 --> 54:53.800]  What do you think?
[54:53.800 --> 54:54.800]  Wait a minute.
[54:54.800 --> 54:57.040]  Let's put this in perspective.
[54:57.040 --> 55:00.440]  What do you think their attorneys are charging?
[55:00.440 --> 55:06.040]  $250, $350, $500 an hour.
[55:06.040 --> 55:07.040]  Guess what?
[55:07.040 --> 55:15.880]  If you beat an attorney, your time is worth at least what his is.
[55:15.880 --> 55:16.880]  At least.
[55:16.880 --> 55:26.560]  Now, why I say at least is because you beat him, your time is now more valuable than his.
[55:26.560 --> 55:34.080]  So if he's charging $350 an hour, I'm charging twice that because I beat his butt.
[55:34.080 --> 55:38.720]  I mean, at which point would the court...
[55:38.720 --> 55:40.600]  $700 an hour, baby.
[55:40.600 --> 55:47.280]  And I spent all day on this thing for several days.
[55:47.280 --> 55:48.800]  I'm a pro se.
[55:48.800 --> 55:58.040]  I nearly lost my job because I was spending so much time.
[55:58.040 --> 56:01.640]  And my wife was going to divorce me because I couldn't pay for the whole month.
[56:01.640 --> 56:05.600]  Yes, my kids hated me.
[56:05.600 --> 56:08.080]  My dog won't talk to me anymore.
[56:08.080 --> 56:10.560]  I got to pee outside.
[56:10.560 --> 56:11.880]  Whatever.
[56:11.880 --> 56:16.240]  You have suffered a severe hardship.
[56:16.240 --> 56:17.240]  You poor guy.
[56:17.240 --> 56:18.240]  Pain in the English.
[56:18.240 --> 56:19.240]  I mean, just...
[56:19.240 --> 56:24.240]  I'm telling you, to the nth degree, baby.
[56:24.240 --> 56:25.240]  Yeah.
[56:25.240 --> 56:39.360]  I have a similar question on the same vein, a completely different case.
[56:39.360 --> 56:45.240]  Back in December, another debt collector on another debt altogether sued my wife on suit
[56:45.240 --> 56:47.520]  in county court.
[56:47.520 --> 56:49.160]  She still has yet to be served.
[56:49.160 --> 56:51.120]  We're not evading service by any means.
[56:51.120 --> 56:55.400]  I don't think they've even paid for service.
[56:55.400 --> 56:56.400]  How...
[56:56.400 --> 56:57.400]  Wait a minute.
[56:57.400 --> 56:58.400]  Wait a minute.
[56:58.400 --> 57:00.200]  Keep in mind, you're on a public venue.
[57:00.200 --> 57:03.200]  How then did you learn of this filing?
[57:03.200 --> 57:04.200]  Using...
[57:04.200 --> 57:11.960]  Well, there's all those lawyer trolls out there, but they search the public record.
[57:11.960 --> 57:14.720]  They find out about the case before anyone else does.
[57:14.720 --> 57:18.000]  They give you a little postcard saying, hey, we'll defend you.
[57:18.000 --> 57:20.120]  I just go look at the...
[57:20.120 --> 57:21.120]  Okay.
[57:21.120 --> 57:22.120]  So...
[57:22.120 --> 57:23.120]  Wait a minute.
[57:23.120 --> 57:24.120]  Wait a minute.
[57:24.120 --> 57:28.680]  You just told me you have evidence.
[57:28.680 --> 57:32.320]  Let's deconstruct this.
[57:32.320 --> 57:38.480]  Statute says that at the time of filing, you must be also served with a copy of it along
[57:38.480 --> 57:48.680]  with a citation by a process server, usually the constable.
[57:48.680 --> 57:54.160]  If not a private process server, you must be served properly.
[57:54.160 --> 57:55.280]  Okay.
[57:55.280 --> 58:05.000]  If you do not receive citation along with a copy of the original complaint, then you
[58:05.000 --> 58:10.120]  don't know that you're to be in court at a certain date because that's what the citation
[58:10.120 --> 58:17.760]  is going to tell you is to appear here at this date, at this time, at this location.
[58:17.760 --> 58:18.920]  Okay.
[58:18.920 --> 58:21.200]  He doesn't even know if he's been sued.
[58:21.200 --> 58:22.200]  Did you go...
[58:22.200 --> 58:23.200]  I know that.
[58:23.200 --> 58:24.200]  I know that.
[58:24.200 --> 58:25.200]  Hang on.
[58:25.200 --> 58:26.200]  Hang on.
[58:26.200 --> 58:33.840]  If you have not received service and you are sued and you get a default judgment against
[58:33.840 --> 58:37.080]  you, your affirmative defense is lack of service.
[58:37.080 --> 58:40.480]  And I hear the music in the background, we've got 12 seconds.
[58:40.480 --> 58:45.080]  You're listening to Rule of Law Radio, 512-646-1984.
[58:45.080 --> 58:47.040]  We'll get you in line, speak with us.
[58:47.040 --> 58:50.400]  We'll be right back, stay tuned.
[58:50.400 --> 58:54.520]  Would you like to make more definite progress in your walk with God?
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[58:59.720 --> 59:01.040]  can really help.
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[59:05.480 --> 59:06.480]  today.
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[59:48.480 --> 01:00:03.360]  You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:03.360 --> 01:00:07.760]  This is the Liberty Beat, your daily source for Liberty News and activist updates, online
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[01:00:08.760 --> 01:00:14.160]  I'm Brian Hagan with your Liberty Beat for Friday, February 27th, 2015.
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[01:00:48.720 --> 01:00:52.960]  In the news, the Washington Times calls it a landmark decision.
[01:00:52.960 --> 01:00:57.600]  That follows Thursday's FCC approval of net neutrality, which gives the federal government
[01:00:57.600 --> 01:01:01.240]  a major role in oversight of internet traffic.
[01:01:01.240 --> 01:01:08.940]  Critics decry the move as a gateway into government oversight of the entire internet.
[01:01:08.940 --> 01:01:14.480]  The Defense Advanced Research Projects Agency, commonly known as DARPA, is close to completing
[01:01:14.480 --> 01:01:17.100]  an advanced voice recognition program.
[01:01:17.100 --> 01:01:23.160]  The agency is in the third days of the robust automatic transcription of speech RATS program,
[01:01:23.160 --> 01:01:28.320]  which is capable of deciphering human voices even when background noise renders the conversation
[01:01:28.320 --> 01:01:32.080]  in audible.
[01:01:32.080 --> 01:01:36.160]  In honor of the launch of the new and improved SovereignLiving.com, each day this week the
[01:01:36.160 --> 01:01:40.760]  Liberty Beat is bringing you a simple survival tip that just might save your life.
[01:01:40.760 --> 01:01:42.880]  With today's tip, here's John Bush.
[01:01:42.880 --> 01:01:43.880]  Have a bug out plan.
[01:01:43.880 --> 01:01:46.000]  You never know when a crisis could occur.
[01:01:46.000 --> 01:01:50.560]  Some disasters could be so severe that you and your family need to leave your home immediately.
[01:01:50.560 --> 01:01:54.360]  It's important that you have a plan as to where you are going to go should you need
[01:01:54.360 --> 01:01:55.600]  to vacate your home.
[01:01:55.600 --> 01:01:59.800]  Also, if your family or bug out group members are not in the same place when your crew decides
[01:01:59.800 --> 01:02:03.520]  it's time to get the heck out of Dodge, it's important to have a predetermined meeting
[01:02:03.520 --> 01:02:06.480]  place so everyone is on the same page and knows where to go.
[01:02:06.480 --> 01:02:10.080]  Make sure your plan takes into account what the environment might be like in the disaster
[01:02:10.080 --> 01:02:11.960]  or civil unrest scenario.
[01:02:11.960 --> 01:02:13.400]  What will major roads be like?
[01:02:13.400 --> 01:02:14.900]  Could bridges be down?
[01:02:14.900 --> 01:02:16.680]  Could checkpoints be set up?
[01:02:16.680 --> 01:02:20.120]  Pre-stock your bug out location with enough supplies to last you and your crew a month
[01:02:20.120 --> 01:02:23.080]  or longer should you need to hunker down for the long haul.
[01:02:23.080 --> 01:02:26.440]  Finally, keep your bug out plan on a need-to-know basis.
[01:02:26.440 --> 01:02:29.940]  You don't want the authorities or your neighbor Bob showing up unexpectedly.
[01:02:29.940 --> 01:02:32.520]  The world is a dangerous and unpredictable place.
[01:02:32.520 --> 01:02:35.040]  There's no better time than now to get prepared.
[01:02:35.040 --> 01:02:36.520]  Your life may depend on it.
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[01:02:53.840 --> 01:02:57.720]  This is the Liberty Beat for Friday, February 27, 2015.
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[01:04:19.920 --> 01:04:24.440]  The Liberty Beat is brought to you by Silver Botanicals, producing innovative, all-natural,
[01:04:24.440 --> 01:04:27.480]  sued, how do you know she was sued?
[01:04:30.040 --> 01:04:38.360]  Uh, well, like I said, we first caught wind of it via a couple postcards and other letters
[01:04:38.360 --> 01:04:43.240]  come in the mail saying, hey, we're trolling the public records. It's all that you're being sued.
[01:04:43.880 --> 01:04:49.080]  You know, uh, come you come by our representation. We'll send you.
[01:04:49.080 --> 01:04:55.480]  Okay. This is, I'm going to, there's a technical legal term for that and it's called
[01:04:56.120 --> 01:05:02.680]  horse manure. You don't know anything that I've received the same kind of communications.
[01:05:03.720 --> 01:05:09.240]  Right. You're all, you only know that you've been sued if you've been officially noticed that you've
[01:05:09.240 --> 01:05:16.280]  been sued. All that stuff is just hearsay nonsense. They might have you confused with somebody else
[01:05:16.280 --> 01:05:21.640]  and they obviously have you confused somebody else. Cause if you were sued, you would have been
[01:05:21.640 --> 01:05:28.040]  properly served. So you don't have any knowledge that you've been sued. And do they have a timeframe
[01:05:28.040 --> 01:05:37.480]  in order to properly serve me? Can they, I think they've got 120 days. They have what? 120 days,
[01:05:37.480 --> 01:05:48.440]  I believe. Is that right, Steve? To be, uh, for service? Yeah. Okay. Um,
[01:05:50.040 --> 01:05:56.440]  most of your, okay. So like credit card debt, that's probably going to go to your small claims court
[01:05:57.320 --> 01:06:04.360]  in Texas. That would be the justice court because the small claims court and justice court
[01:06:04.360 --> 01:06:14.520]  jurisdictions run concurrent now. So the JP court is a court of competent jurisdiction for small
[01:06:14.520 --> 01:06:22.200]  claims that I believe would be anything under either five to $10,000. I don't quote me on that.
[01:06:22.200 --> 01:06:32.280]  Now, if you're saying that this is filed in the county court, is that correct? Yeah, that's correct.
[01:06:32.280 --> 01:06:37.080]  Right. Okay. That makes me wondered the one that when you said they'd filed in the county court,
[01:06:37.080 --> 01:06:44.920]  I wondered why the county court. No, we're talking about how long does the plaintiff have to serve
[01:06:44.920 --> 01:06:52.200]  the defendant. I understand. I understand. And it seems I only found that in one place and that was
[01:06:52.200 --> 01:07:04.680]  in rules of civil procedure. Yes. And what, what that goes to is that at the time suit is filed,
[01:07:05.480 --> 01:07:15.880]  a copy of the same shall be served upon the defendant. Okay. Served means not noticed by
[01:07:15.880 --> 01:07:25.960]  some guy that trolls the internet to find out that you've been sued. That means that they shall
[01:07:25.960 --> 01:07:34.120]  hire a process server, usually a constable. If it's a third party debt collector, they will usually
[01:07:34.120 --> 01:07:43.640]  use some law enforcement agency as service of process. Service of process is a term of art.
[01:07:43.640 --> 01:07:53.000]  That means that the court has received an original complaint by a plaintiff
[01:07:54.520 --> 01:08:04.760]  and they have forwarded the same to a process server. Let's say in this case, it is the
[01:08:04.760 --> 01:08:14.840]  constable. A constable will bring you a citation. The citation will say, you have been sued.
[01:08:16.360 --> 01:08:23.400]  Here's the name of the plaintiff. You're named defendant. You are hereby summoned to appear
[01:08:24.600 --> 01:08:33.400]  at the blah, blah court on such and such a date at such and such a time. Here's the address.
[01:08:33.400 --> 01:08:43.080]  Be there with bells on the end. Okay. Signed by somebody with, with whatever authority they might
[01:08:43.080 --> 01:08:56.680]  have. But if you do not receive that now service in a situation like this is not noticed from some
[01:08:56.680 --> 01:09:05.480]  third party that trolls the internet. It's not by email. It's not by carrier pigeon. It's by
[01:09:05.480 --> 01:09:13.240]  process server and a process server has to put it in your hand. If you open the door, all he's got
[01:09:13.240 --> 01:09:19.080]  to do is drop it on the ground and walk off. You've been served, but it's got to be a face
[01:09:19.080 --> 01:09:25.160]  to face thing. He's got to be able to identify that he gave it to the right hands. That's a great
[01:09:25.160 --> 01:09:31.800]  answer, Steve, but it's the wrong question. How long did they have from the time you had, you
[01:09:31.800 --> 01:09:39.720]  filed the statute says at the same time. No, but there is in the statute. It's not reasonable to
[01:09:39.720 --> 01:09:46.200]  say you have to file it at the exact same time because they can't find you. Then they can't
[01:09:46.200 --> 01:09:53.640]  serve it, but there is a limitation. And if I remember right, you have 120 days from the time
[01:09:53.640 --> 01:10:03.880]  it's filed to the time to serve. Yes, but I don't remember what the remedy was if you didn't get it
[01:10:03.880 --> 01:10:12.680]  served in that time. Lack of service. I would expect it would be improper service. No, well,
[01:10:12.680 --> 01:10:19.320]  I'd expect that it would be the court's job to dismiss for lack of prosecution.
[01:10:19.320 --> 01:10:27.320]  No, no, no, no, no, no, no. You've not. Okay. You've, you've, you've filed a suit with the
[01:10:27.320 --> 01:10:32.440]  court. You've not gotten, you've not gotten to prosecution yet. No, they filed a suit with the
[01:10:32.440 --> 01:10:39.320]  court, but you haven't served the other party. Right. And the court needs to clean its docket.
[01:10:39.880 --> 01:10:44.040]  And if you haven't served the other party, if they don't have a return of service
[01:10:44.040 --> 01:10:49.640]  in 120 days, then I would expect they would dismiss, but I don't remember that for certain.
[01:10:50.200 --> 01:10:55.640]  I'm trying to find it, but I do remember reading 120 days.
[01:10:57.320 --> 01:11:00.280]  I had Ken on, he would know that right off the top of his head.
[01:11:03.160 --> 01:11:07.480]  Well, and that's what I'm looking for is, you know, how, how can I get them to dismiss it?
[01:11:07.880 --> 01:11:12.360]  And, you know, I've already worked a lot of time on this. I've already created the dockets. I'll
[01:11:12.360 --> 01:11:16.120]  create the dockets. I don't have a name to put on there yet, but you know, I've already spent a lot
[01:11:16.120 --> 01:11:20.760]  of time researching additionally for this lawsuit. You know, I can tell by the title.
[01:11:22.200 --> 01:11:27.720]  Okay. Let's go back to our original questions to you. Have you received service?
[01:11:28.440 --> 01:11:34.520]  Nope. No proper service. Have you looked at the docket?
[01:11:34.520 --> 01:11:41.160]  I don't know how to pull up docket. Okay. On the internet or anything.
[01:11:42.200 --> 01:11:50.360]  Okay. Then, then what, okay. What court does this communication claim that this
[01:11:52.200 --> 01:11:56.680]  action is filed in? Do they give you a cause number?
[01:11:57.560 --> 01:12:02.120]  Yes. Oh, well, they didn't, no one gave me a cause number. I looked it up.
[01:12:02.120 --> 01:12:06.920]  Okay. Okay. Then you've looked at the docket number.
[01:12:08.680 --> 01:12:15.240]  Okay. The only thing in there was a, the only thing in there was just a one line item that said
[01:12:15.240 --> 01:12:19.960]  the cause, that said there was the original complaint and couldn't even click on it to pull
[01:12:19.960 --> 01:12:25.480]  it up and view it. It was just, there was no dates, no nothing just except for whenever the
[01:12:25.480 --> 01:12:32.840]  complaint was filed. Okay. Let me explain to you what the docket is. The docket is anything filed
[01:12:32.840 --> 01:12:44.040]  in court under that cause number. That's the docket. That includes everything from the original filing
[01:12:44.040 --> 01:12:57.800]  to hearing dates to anything the court might issue, to anything that's filed in that case.
[01:12:57.800 --> 01:13:04.520]  That is the docket. In, in federal court, the docket, every entry is numbered.
[01:13:04.520 --> 01:13:13.080]  You'll have document number one through document number 1,000, however many, whatever.
[01:13:13.880 --> 01:13:19.800]  It just depends on how, how, how long the case goes on. But
[01:13:21.320 --> 01:13:28.360]  every document that is filed from the moment a case is established to the moment it is closed,
[01:13:28.360 --> 01:13:36.520]  that is the docket. So you found something with a cause number that named you as defendant
[01:13:36.520 --> 01:13:57.960]  in a certain court, correct? Am I right so far? Philip, did we lose you? Philip dropped off.
[01:13:57.960 --> 01:14:02.920]  Ah, we lost Philip. We lost Philip. All right, Philip call, if you can still hear us call back in,
[01:14:02.920 --> 01:14:15.080]  we'll try to pick up where we left off. Meanwhile, let's go to Rob and what do you, what is NM?
[01:14:15.080 --> 01:14:23.400]  It's New Mexico. New Mexico. How did I miss that? Duh. Hi, Rob in New Mexico.
[01:14:24.360 --> 01:14:29.640]  I apologize for my ignorance. Are you there? You're doing great tonight, Steve.
[01:14:29.640 --> 01:14:40.680]  Yeah, I've only stumbled over my tongue about half a dozen times. I've misinformed the public
[01:14:42.920 --> 01:14:48.600]  once, but I think I got that corrected. That was, and to recap that faux pas,
[01:14:48.600 --> 01:15:02.680]  the information that I was giving was pursuant not to the FDCPA, but to the Real Estate Settlement
[01:15:02.680 --> 01:15:11.640]  Procedures Act. Anyway, to move on, I digress. I apologize. What say you, sir?
[01:15:11.640 --> 01:15:20.920]  First question. I talked to Randy a couple weeks ago regarding my real estate contract
[01:15:22.440 --> 01:15:29.880]  where the bank is the seller. What type of real estate contract are we talking about?
[01:15:29.880 --> 01:15:34.600]  Are we talking about a special warranty deed? That's a real estate contract. Are we talking about
[01:15:34.600 --> 01:15:43.720]  a mortgage? A five-year real estate contract with the seller through an escrow company with
[01:15:43.720 --> 01:15:52.360]  a balloon payment at the end of the five years. Okay. Now, Randy had said that because the seller
[01:15:53.800 --> 01:16:01.000]  was the bank, that RESPA probably would not apply to the seller. I would agree.
[01:16:01.000 --> 01:16:05.880]  Now, my question is where I wanted to get a little bit of clarification.
[01:16:07.000 --> 01:16:14.040]  The seller is a husband and wife. The broker is the wife and the son.
[01:16:14.760 --> 01:16:18.840]  They own a real estate company. Wait a minute. Is that?
[01:16:18.840 --> 01:16:31.000]  Hang on. We're forming a map. Let me write this down. Okay. Party one.
[01:16:31.000 --> 01:16:35.640]  It is who? He bought from a private individual.
[01:16:35.640 --> 01:16:43.400]  I understand that. Part of the family happened to be real estate agents or brokers.
[01:16:43.400 --> 01:16:52.040]  Gotcha. That's going to be irrelevant. Right. Well, we'll get to that after the break.
[01:16:52.040 --> 01:16:57.000]  512-646-1984. You're listening to the Rule of the Law with Randy Kelton,
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[01:19:13.400 --> 01:19:30.200]  Oh, come on.
[01:19:43.400 --> 01:19:56.600]  Welcome back to Rule of Law Radio. This Friday night, the 27th day of February 2015, we were
[01:19:56.600 --> 01:20:07.800]  speaking with Rob in New Mexico. Rob. Wow. Okay. You got in. What you've got here is a seller,
[01:20:07.800 --> 01:20:21.320]  real estate agent, no broker involved, no bank involved. Okay. By your silence, I take it there's
[01:20:21.320 --> 01:20:31.640]  no bank involved. So the seller was the lender. The seller is the lender. The broker is also
[01:20:31.640 --> 01:20:44.520]  the lender. Okay. There's a mother and son real estate company. And the mother and the
[01:20:44.520 --> 01:20:53.000]  father are the sellers. Okay. We've discussed this over the break and frankly, Rob, you're
[01:20:53.000 --> 01:21:05.080]  screwed. Yeah. The fact that the real estate agent and seller are related is irrelevant.
[01:21:06.040 --> 01:21:13.960]  Okay. Unless you have a claim against the two of them claiming that they colluded and that the
[01:21:13.960 --> 01:21:24.680]  agent breached the agent's future duty. We also have the insurance issue that we
[01:21:24.680 --> 01:21:31.240]  talked about before. Did you get the text that sent you? Don't remember it's possible.
[01:21:31.240 --> 01:21:37.800]  Don't remember receiving a text from you, no. Well, keep in mind that if this falls under
[01:21:37.800 --> 01:21:46.440]  any kind of consumer protection law, that may not be applicable because I don't know of any
[01:21:46.440 --> 01:21:53.560]  consumer protection laws that apply to owner finance. And owner finance, that is a strictly
[01:21:53.560 --> 01:22:03.880]  private contract and the contract writes the law pursuant to statute. A private contract does not
[01:22:03.880 --> 01:22:12.280]  allow somebody to step outside statutory limitations. If it did, then a murder suspect
[01:22:12.280 --> 01:22:19.480]  may be able to say, hey, you can't come after me for killing that guy. Sure, I killed him. I shot
[01:22:19.480 --> 01:22:24.520]  him five times in the head. I had to make sure he was dead. So I shot him five times in the head,
[01:22:24.520 --> 01:22:29.640]  but you can't come after me because I had a private contract with that guy over there.
[01:22:29.640 --> 01:22:41.240]  Okay. That would be a breakdown of society. So the contract prevails provided it is within statutory
[01:22:41.240 --> 01:22:51.000]  limits. Now, if you find something that is in the contract that does not comport to statutory limits,
[01:22:51.000 --> 01:22:57.080]  the first thing you got to look at is your statute of limitations on time to bring a cause of action
[01:22:57.080 --> 01:23:03.400]  under that claim. If such a time has passed, you won't have a claim under that cause of action.
[01:23:03.400 --> 01:23:16.280]  So you've kind of waived that, but with respect, are we still talking?
[01:23:18.840 --> 01:23:22.040]  Yeah, you got with respect and you kind of hung up.
[01:23:22.040 --> 01:23:27.560]  Well, yeah, I hung up because it looks like he disappeared.
[01:23:29.080 --> 01:23:33.480]  Oh, he must have breathed in too many of those diesel fumes. He was kind of dropping colors.
[01:23:35.720 --> 01:23:41.080]  Yeah, that's why I paused. Well, there he is. He's back.
[01:23:41.080 --> 01:23:54.360]  Okay. Okay. Yeah. Now my train of thought jump track. Okay. Robin, New Mexico. Sorry,
[01:23:54.360 --> 01:23:57.880]  we lost you call. I see you down here. Do we got you back?
[01:23:59.160 --> 01:24:05.080]  Yeah. Dropped my signal. I'm sorry. Okay. Okay. Well, in the interim, my train of thought
[01:24:05.080 --> 01:24:15.880]  jump track. Okay. But I think I was pretty much at the end of my point.
[01:24:17.960 --> 01:24:24.440]  Right. Now we pretty much established that the rest doesn't apply to the seller and I'm okay with
[01:24:24.440 --> 01:24:29.400]  that. Randy and I talked about this a couple of weeks ago. You weren't on, I don't think.
[01:24:29.400 --> 01:24:37.720]  At closing, I messed up, did not have sufficient hazard insurance. I'm an over-the-road truck
[01:24:37.720 --> 01:24:42.280]  driver and I had to go back out on the road, didn't have time to go get insurance, come back,
[01:24:42.280 --> 01:24:50.760]  do the closing. So I paid for insurance at closing. The seller agreed to take that money
[01:24:50.760 --> 01:25:02.440]  to take that money and get the hazard insurance. And did they? Altered. Well, no. Ah, okay. Pause
[01:25:02.440 --> 01:25:07.640]  right there. This has been going on for two weeks. Whoa, whoa, whoa, whoa, whoa. Don't add anything
[01:25:07.640 --> 01:25:16.760]  beyond this point. Was that stipulated in the contract? No, but I have documentation of the
[01:25:16.760 --> 01:25:28.760]  payment. Okay. In this case, we have offer and acceptance. Yes. Normally in a real estate contract,
[01:25:28.760 --> 01:25:34.920]  there are no verbal contracts, but this one's not verbal. This one had offer and acceptance.
[01:25:34.920 --> 01:25:43.000]  Yes, it did evidenced by the receipt for the payment. So if you can show receipt for the
[01:25:43.000 --> 01:25:52.360]  payment and you've got a verbal agreement with a witness, I take it? Yep. Okay. With a witness
[01:25:53.240 --> 01:25:58.840]  who can be called to the stand to say that, okay, we didn't do this, but we paid for this.
[01:25:58.840 --> 01:26:08.280]  And they agreed to do B, but they didn't do B. What do you call failure to do B? Breach a contract.
[01:26:08.280 --> 01:26:20.600]  Wait, they agreed to do B and they accepted this value in order to do B. Yes. They've been
[01:26:20.600 --> 01:26:29.720]  paid to do B and they failed to do B. So I sue them for not doing B. And they've been collecting
[01:26:29.720 --> 01:26:38.600]  escrow funds to do it for almost nine years. Oh no. They've not applied to escrow?
[01:26:40.440 --> 01:26:49.000]  I'm sorry? Have they misapplied or not applied to escrow? They have not applied it. They just last
[01:26:49.000 --> 01:27:03.800]  week. Oh dear. An offer to refund part of it. It's too late for that. Yeah. Who's picking up
[01:27:03.800 --> 01:27:11.800]  the late fees and the fines and the penalties? Well, we have an escrow company involved. Yeah.
[01:27:11.800 --> 01:27:17.240]  Okay. Fine. You miss a payment. They're going to charge you extra. Who's paying the extra?
[01:27:17.240 --> 01:27:24.680]  Oh yeah. Me. The escrow company. That was not a rhetorical question. I'm asking you,
[01:27:24.680 --> 01:27:34.280]  who is being held liable for the extra? Me? You. Yeah. Well. Wrong answer.
[01:27:36.120 --> 01:27:41.960]  Wrong answer. If you're paying somebody to take care of that for you and they fail to take care
[01:27:41.960 --> 01:27:52.920]  of that for you, you cannot be held liable. Okay. You paid them to take care of the escrow. That
[01:27:52.920 --> 01:27:59.480]  means they're paying the taxes, which makes me now wonder, are you current on your taxes?
[01:27:59.480 --> 01:28:04.920]  Because it's evidence that somebody fell behind on the insurance part of escrow.
[01:28:04.920 --> 01:28:14.520]  Well, that comes up to question number four. Oh boy. They just readjusted my monthly payments.
[01:28:14.520 --> 01:28:22.440]  Okay. Did just get insurance this month. So now there is insurance. Oh, wait a minute. Wait a
[01:28:22.440 --> 01:28:39.480]  minute. Since they have not yet complied with B supra, is anything from that point forward relevant?
[01:28:40.920 --> 01:28:44.920]  No. Thank you. Then why are we talking about this?
[01:28:47.960 --> 01:28:51.240]  Well, I just want to let you know the other things they've done besides that.
[01:28:51.240 --> 01:28:56.280]  I understand, but you see what I'm seeding here in your mind is argument.
[01:28:58.440 --> 01:29:03.320]  All that matters is the initial default. Objection. Irrelevant.
[01:29:09.480 --> 01:29:15.720]  That would be the, if I were in court fighting this and we just went through that scenario,
[01:29:15.720 --> 01:29:28.440]  objection irrelevant. Fact is they failed to do B. Anything after that failure is irrelevant.
[01:29:31.400 --> 01:29:37.480]  You can't move past that failure. This falls under the legal doctrine of
[01:29:37.480 --> 01:29:45.800]  that bell's already been rung. Right. And we'll be back after we ring this bell. Please visit
[01:29:45.800 --> 01:29:51.800]  our sponsors while we're gone and you can dial 512-646-1984. You're listening to
[01:29:51.800 --> 01:29:57.640]  Rural Law Radio with Randy Kelton and Steve Skidmore. We'll be right back. Stay tuned.
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[01:31:23.960 --> 01:31:33.960]  This is building seven, a 47 story skyscraper that fell on the afternoon of September 11th.
[01:31:33.960 --> 01:31:39.480]  The government says that fire brought it down. However, 1500 architects and engineers concluded
[01:31:39.480 --> 01:31:43.960]  it was a controlled demolition. Over 6,000 of my fellow service members have given their lives.
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[01:32:55.960 --> 01:33:17.320]  You are listening to the Logos Radio Network, logosradionetwork.com.
[01:33:25.960 --> 01:33:43.480]  Bring us in, Randy. Oh, okay. We are back, Randy. Randy Kelton, Steve Skidmore,
[01:33:43.480 --> 01:33:58.200]  and we're talking to Rob in New Mexico and Rob, still haven't got to what your real issue is
[01:33:58.200 --> 01:34:09.080]  concerning this particular note. Or are you looking for an issue? I'm looking to, well,
[01:34:09.080 --> 01:34:15.080]  I wasn't looking for an issue. Now I am because it is my strong personal belief that they're
[01:34:15.080 --> 01:34:23.720]  going to try and get us out of the house. And I want to, at the very least, be prepared to
[01:34:23.720 --> 01:34:32.520]  defend myself. I prefer to strike first. Okay. But your biggest hurdle is that this
[01:34:32.520 --> 01:34:40.520]  isn't owner finance. That's your biggest hurdle. Because like I said, in owner finance,
[01:34:41.320 --> 01:34:48.520]  so long as the contract does not step outside the bounds of statutes, the contract writes the law.
[01:34:49.800 --> 01:34:55.480]  Okay. Let me ask, what are the grounds for getting you out of the house?
[01:34:55.480 --> 01:35:03.160]  Well, they've already sent us a notice of default on the insurance, because we...
[01:35:03.160 --> 01:35:09.560]  Okay. Okay. That's what I'm getting at. Is it for lack of payment of the mortgage?
[01:35:11.240 --> 01:35:19.880]  No, but we did just send them a rescission notice. And as of this month, as of five days ago,
[01:35:19.880 --> 01:35:25.160]  the mortgage payment went into a bank account instead of going to the escrow company.
[01:35:25.160 --> 01:35:31.320]  Okay. Hold on. I don't think rescission applies because that's a consumer protection law.
[01:35:31.320 --> 01:35:42.520]  Yeah. But if their only reason for defaulting you on the notes is the insurance,
[01:35:42.520 --> 01:35:49.880]  then you should sue the escrow company. Okay.
[01:35:51.880 --> 01:35:56.360]  Well, wait a minute. Wait a minute. Who are you making your payments to?
[01:35:57.640 --> 01:36:02.920]  To the escrow company. To the escrow company. Okay. Then the escrow company,
[01:36:03.640 --> 01:36:09.720]  their responsibility was to disperse the funds that came into them from you.
[01:36:09.720 --> 01:36:17.480]  Okay. Another question. Who hired the escrow company? You or the lender?
[01:36:19.960 --> 01:36:23.240]  Well, according to the contract, both of us, but it was the lender.
[01:36:24.520 --> 01:36:31.240]  Okay. The lender brought the escrow company. Then the escrow company ripped you off, sued them both.
[01:36:31.240 --> 01:36:43.320]  Yeah. You claim they brought in their own escrow company and then used the escrow company to
[01:36:44.280 --> 01:36:51.960]  force you into default through no fault of your own so that they could then come and steal your
[01:36:51.960 --> 01:37:02.840]  equity from the property. That would make the claim nice and ugly. Accusing the escrow company
[01:37:03.720 --> 01:37:11.320]  and the seller, since the real estate agent was a family member, now that becomes more important.
[01:37:11.320 --> 01:37:24.600]  Yeah, it does. If they all conspired to defraud you in this transaction. The connection of blood
[01:37:24.600 --> 01:37:29.880]  increases that likelihood. Sue them for three times the value of the property.
[01:37:31.400 --> 01:37:39.880]  Three times the value? Yep. Okay. They're also jacked around with the tax rates now
[01:37:39.880 --> 01:37:47.160]  on this new adjusted payment. They have increased the property tax payments into escrow
[01:37:47.160 --> 01:37:57.240]  by about 30%. That's more in your favor. Yeah. Never interfere with someone when they're screwing
[01:37:57.240 --> 01:38:03.800]  up. Well, never interfere with your opponent when he's screwing up. Yeah, your opponent.
[01:38:03.800 --> 01:38:13.080]  Right. Now, this idiot lawyer debt collector that they have sending me these notices and
[01:38:13.080 --> 01:38:18.840]  charging me a fee. Okay, hold on, hold on. That's out of context.
[01:38:18.840 --> 01:38:26.040]  Yeah. Are we back to the first issue? Well, they sent me the default notice
[01:38:26.040 --> 01:38:31.160]  through a lawyer. Well, wait a minute. Wait a minute. Are we going back to the first issue?
[01:38:31.160 --> 01:38:35.400]  Is this more on the second issue or are we moving on to a third?
[01:38:35.400 --> 01:38:38.760]  No, we're still on the default. He just said we're in the default on the property.
[01:38:39.400 --> 01:38:43.560]  Okay. So we're still talking about the property. So sue the lawyer too.
[01:38:44.920 --> 01:38:48.840]  But we're moving on to an FDCPA suit against the lawyer.
[01:38:49.720 --> 01:38:58.440]  No, no FDCPA suit. You can't do that because FDCPA is not involved. This is not a covered loan.
[01:38:58.440 --> 01:39:05.000]  Look, FDCPA only goes to a Fed reauthorized lender. This is not.
[01:39:07.000 --> 01:39:13.160]  This is a private person. FDCPA doesn't apply. None of the consumer protection laws apply.
[01:39:13.160 --> 01:39:17.960]  This goes to contract. Right. FDCPA is a consumer protection law
[01:39:18.440 --> 01:39:26.360]  as is RESPA, as is TILA, as is HOPA, as is, well, maybe not so much,
[01:39:26.360 --> 01:39:32.760]  maybe not so much unturned deceptive business practices.
[01:39:33.480 --> 01:39:38.040]  That one. Yeah. These others only go to federally regulated lenders.
[01:39:38.040 --> 01:39:41.480]  Right. Yeah. Unfair deceptive
[01:39:41.480 --> 01:39:44.120]  businesses practice. That goes to anybody. Yeah.
[01:39:44.760 --> 01:39:49.400]  Yeah. But say that there are many or certain
[01:39:49.400 --> 01:39:56.520]  uh, consumer protection laws that do not apply in the home, in the uh, uh, owner finance.
[01:39:58.040 --> 01:40:01.800]  But now you get to land on the lawyer like a ton of bricks.
[01:40:07.240 --> 01:40:13.800]  That's evil, Steve. That is evil. You work for a lawyer. What is your boss going to say about that?
[01:40:13.800 --> 01:40:19.240]  I work for one of the fortunate good ones. It's the bad ones. I want gone.
[01:40:20.520 --> 01:40:23.000]  I might've accidentally filed a bar grievance, sir.
[01:40:24.040 --> 01:40:26.280]  Oops. You thought it'd be a shame.
[01:40:26.280 --> 01:40:30.200]  Oh dear. What did you, what would ever cause you to do a thing like that?
[01:40:30.760 --> 01:40:33.560]  Only one. Really?
[01:40:36.360 --> 01:40:40.840]  Okay. Well, it looks like you do have a claim and we do have to move along. We got
[01:40:40.840 --> 01:40:46.600]  two more callers and one more segment. Oh dear.
[01:40:46.600 --> 01:40:49.640]  Real? Okay. Nevermind. Go ahead.
[01:40:50.680 --> 01:40:54.200]  Thank you, Rob. I appreciate you calling in tonight. Call us back next week.
[01:40:56.280 --> 01:40:58.840]  Okay. Well, did we talk to Philip?
[01:40:59.800 --> 01:41:04.840]  We did. And we'll get back to Philip after we go to Alex in New York. Alex,
[01:41:05.720 --> 01:41:09.960]  don't have to ask how the weather was. You're the first porcelain from New York that's called
[01:41:09.960 --> 01:41:16.200]  tonight. It's actually starting to warm up. So it's good. I think the worst is gone.
[01:41:17.320 --> 01:41:24.280]  Okay. What's on your mind tonight, Alex? Okay. You know, I've been trying to figure,
[01:41:24.280 --> 01:41:31.240]  trying to find out all the laws and stuff to apply for this, but I have a home that I wanted to put
[01:41:31.240 --> 01:41:41.960]  into a trust. It's my parents' house. Okay. And anyway, two things are happening. Number one is
[01:41:41.960 --> 01:41:47.160]  I called up the mortgage company. I read it. They said, you know, you just have to let us know and
[01:41:47.160 --> 01:41:53.080]  you can put it in a trust, but you just have to inform us ahead of time. When I informed them,
[01:41:53.080 --> 01:42:01.160]  they told us what those rules are. And all of which they said, we can't tell you until you do
[01:42:01.160 --> 01:42:06.840]  apply with us. And you send the fee, do all these other things. But on top of that,
[01:42:09.560 --> 01:42:17.080]  on top of that, the one of the reasons we wanted to put it into a trust is because my family is
[01:42:17.080 --> 01:42:24.920]  using, is getting, what do you call it? It's from the federal government. They're getting
[01:42:24.920 --> 01:42:30.440]  healthcare from the federal government. Okay. So when they're getting healthcare from
[01:42:30.440 --> 01:42:33.720]  the federal government, they're saying, listen, if you're going to put the house in a trust,
[01:42:34.440 --> 01:42:41.640]  you know, there are certain rules that you have to follow in order for the benefits to continue
[01:42:41.640 --> 01:42:51.400]  or whatnot for healthcare to continue. So what the issue is here is that the, what do you call it?
[01:42:51.400 --> 01:42:58.040]  Well, when I'm reading some of these rules for healthcare to apply, they're saying that it has
[01:42:58.040 --> 01:43:05.400]  to be a trust that is, and I'm trying to remember the word right now, and I apologize. I wrote it
[01:43:05.400 --> 01:43:11.000]  down. I can't remember what I put it down right now. But the trust is, there's just two types of
[01:43:11.000 --> 01:43:15.960]  trust. There's one that's, I can't remember the word. It's non-negotiable and non-negotiable.
[01:43:15.960 --> 01:43:24.920]  There's something else. You're talking about a revocable and irrevocable trust? Yes. Right.
[01:43:24.920 --> 01:43:29.640]  So the federal government says, okay, it has to be irrevocable. And the bank is saying we can't
[01:43:29.640 --> 01:43:40.120]  accept it. The irrevocable has to be revocable. Right. Right. And that's, Alex, that's because
[01:43:40.120 --> 01:43:48.760]  when a bank accepts something from an irrevocable trust, they have no remedy. Now, we're fixing to
[01:43:48.760 --> 01:43:56.200]  go to break. Stay there. We'll be right back to you. See a couple more callers online. Don't know
[01:43:56.200 --> 01:44:01.480]  if we'll get to everybody tonight, but we'll be right back. Do you feel tired when talking
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[01:46:25.160 --> 01:46:49.960]  The people come down
[01:46:49.960 --> 01:46:59.720]  from the hill. Welcome back to Rule of Law Radio, folks. We are in our last segment for the evening.
[01:47:01.160 --> 01:47:08.520]  Alex, we've got a couple other callers on the line. Can we get on point with what it is that
[01:47:08.520 --> 01:47:13.720]  you're seeking tonight? Okay. There's two things that I'm thinking. Okay. There's two things that
[01:47:13.720 --> 01:47:20.280]  I'm seeking. Number one is which trust will probably likely be the best to use? And number
[01:47:20.280 --> 01:47:28.040]  two is the bank doesn't really have any type of- Okay. Let's address the first.
[01:47:30.040 --> 01:47:36.440]  Hang on. Hang on. Let's address the first. Our two choices so far are revocable and
[01:47:36.440 --> 01:47:48.280]  irrevocable. An irrevocable trust is unattractive to a lender because it disposes them of any remedy.
[01:47:49.800 --> 01:47:55.400]  So they're not going to want to deal with an irrevocable trust. They may sooner deal with
[01:47:55.400 --> 01:48:03.080]  a revocable trust. That would allow them remedy. So let's move on to the second issue.
[01:48:03.080 --> 01:48:10.120]  Okay. I'm saying in this case, that would not be the case because you would, I mean,
[01:48:10.120 --> 01:48:15.320]  I was basically looking to use a quick claim deed. I mean, a quick claim so that it puts all the
[01:48:15.320 --> 01:48:21.640]  legal interests of the equity into the trust. Now, the mortgage is still on my parents,
[01:48:21.640 --> 01:48:28.040]  still on the hook, and that's only the interest. And again, it's only the equity is going into the
[01:48:28.040 --> 01:48:34.200]  trust. So all to the rest of it, that's still unpaid, doesn't go into the trust. This only has
[01:48:34.200 --> 01:48:40.840]  the legal and equity interest that's going into the trust for, and again, but that's just what's
[01:48:40.840 --> 01:48:47.240]  the equity that's left. So even if it was irrevocable, it would still want to make a
[01:48:47.240 --> 01:48:51.960]  difference because they still have the house they can foreclose on because again, it doesn't have
[01:48:51.960 --> 01:48:58.120]  100% interest or equity. And it's still, you know, the parents will still be on the hook for it.
[01:48:59.400 --> 01:49:07.000]  Okay. Hold on, hold on. Why does this, if the parents quit claim to someone else,
[01:49:07.000 --> 01:49:12.040]  say to you, how would that be different than to a trust?
[01:49:13.640 --> 01:49:19.800]  Well, again, it wouldn't be the difference. What I'm saying though is that only the equity,
[01:49:19.800 --> 01:49:25.320]  it would be into there. So in other words, so in other words, if they, if they only owed half the
[01:49:25.320 --> 01:49:31.720]  house, let's in other words, if they had half the mortgage and equity, only that part of it will be
[01:49:31.720 --> 01:49:36.920]  going into. Okay. Hold on. Wait a minute. I don't know that the bank has anything to say about that.
[01:49:36.920 --> 01:49:50.680]  Is there anything in the mortgage that prevents your parents from disposing
[01:49:50.680 --> 01:49:56.520]  of their equity in the property? There is nothing there whatsoever.
[01:49:56.520 --> 01:50:03.400]  Then don't even talk to the bank. Just write the contract, put the equity into a trust.
[01:50:03.400 --> 01:50:09.240]  And if the bank don't like it, let them raise an issue. Well, it says that in the government says,
[01:50:09.240 --> 01:50:13.320]  you know, they says that you can put it into a trust, but they got to inform them first.
[01:50:13.320 --> 01:50:17.720]  They have to accept it. It says that in the contract,
[01:50:17.720 --> 01:50:24.040]  now put it in the trust. Right. It says that's part of the mortgage. So.
[01:50:24.040 --> 01:50:31.640]  Okay. You can agree what they're, you may be misinterpreting what, what the contract is saying.
[01:50:31.640 --> 01:50:40.200]  Now your parents own this property by warranty deed, but the bank has a claim against this property.
[01:50:40.760 --> 01:50:49.240]  The only claim they have is against the property. Any portion of the property over which the bank
[01:50:49.240 --> 01:50:56.520]  doesn't have a claim, don't have a say about. So if your parents wanted to transfer the property
[01:50:56.520 --> 01:51:05.240]  to you, the bank would have a claim of that. If they wanted to transfer the property itself
[01:51:05.240 --> 01:51:11.640]  into a trust, the bank would have something to say about that. But their equity in the property,
[01:51:11.640 --> 01:51:14.920]  that's not their business. That's not their business. So then,
[01:51:14.920 --> 01:51:19.480]  so then what kind of trust would be best to use? I mean, there's so many different kinds of trust
[01:51:19.480 --> 01:51:26.360]  and I'm thinking, okay, what would be best to use it? There's an estate trust and all.
[01:51:26.360 --> 01:51:32.120]  Okay. We're the wrong guys to ask. I have no authority on trusts.
[01:51:32.120 --> 01:51:39.480]  Yeah. And I do have someone that is an authority on trust, but he's an authority on trust in Texas.
[01:51:40.120 --> 01:51:46.840]  You really need a trust attorney in New York. Wholeheartedly agreed.
[01:51:46.840 --> 01:51:54.600]  Yeah. Someone who knows the peculiarities of New York law. I would be afraid to say anything about that.
[01:51:56.680 --> 01:52:03.400]  Okay. Okay. And then again, the trust then would have to be what,
[01:52:03.400 --> 01:52:07.400]  would the trust have to go into the county clerk? Would it have to be recorded?
[01:52:07.400 --> 01:52:11.720]  Don't ask your attorney. No, no trust. The trusts are private.
[01:52:11.720 --> 01:52:17.960]  That's nobody's business, but yours. Even though it's a statutory trust, it's still private, right?
[01:52:18.920 --> 01:52:25.080]  Okay. Now there may, okay, I'm saying the word trust. And when I use the word trust,
[01:52:25.080 --> 01:52:32.360]  I'm using it in a common law context. New York may have a definition for that term
[01:52:32.360 --> 01:52:39.080]  that's different than the common law term for a trust. So you would have to look at New York law.
[01:52:39.080 --> 01:52:44.600]  To make sure they're not using trust as a term of art.
[01:52:46.360 --> 01:52:51.000]  Oh, okay. I see what you're saying. What do you mean trust as a term of art? Because again,
[01:52:51.000 --> 01:52:59.480]  these rules have to be statutory. Okay. When I say that Alex, you're a person,
[01:53:00.600 --> 01:53:08.440]  I'm using person in the common usage of the common language usage, but in law, there's a
[01:53:08.440 --> 01:53:15.640]  special definition and that's a term of art. So when I use the word trust, I'm using the
[01:53:15.640 --> 01:53:24.520]  common definition of trust. New York may have defined the term trust specifically,
[01:53:24.520 --> 01:53:31.880]  and that would make it a term of art. Right. So that's the trick in law. You have to be real
[01:53:31.880 --> 01:53:38.760]  careful the words, the meanings of words are, they don't speak English, they speak legalese.
[01:53:39.880 --> 01:53:46.920]  And make sure the word you're using in the common tongue is the same, has the same meaning
[01:53:46.920 --> 01:53:52.120]  in New York law. Otherwise we could trip ourselves. So this is exactly, because again,
[01:53:52.120 --> 01:53:57.560]  the only reason why I called up a few people asking about them, and I'm talking about attorneys,
[01:53:57.560 --> 01:54:03.880]  and I asked them, does it need to be recorded? And like anything that has a deed in the deacus
[01:54:03.880 --> 01:54:08.600]  transfer has to be recorded. And normally it would, you know, like I said, it would be private,
[01:54:08.600 --> 01:54:13.640]  except in this case, you know, it's made to security. Okay. No, this, okay, this would not,
[01:54:13.640 --> 01:54:19.560]  I don't even think this would be recordable in the county record because it does not record a
[01:54:19.560 --> 01:54:26.680]  claim against real property. Well, what do you call it would have the claim against real property?
[01:54:26.680 --> 01:54:32.200]  The bank would. No, the trust, the trust would have the equity. Oh, I see. It's not against real
[01:54:32.200 --> 01:54:37.320]  property. It would just be the equity though. Correct. The equity, but the equity would be real
[01:54:37.320 --> 01:54:44.120]  property. No, no, no, no. The equity is not real property. No, wait a minute. I think he's right.
[01:54:44.840 --> 01:54:50.840]  If they sold the property, then however much equity you have, you would have that claim
[01:54:50.840 --> 01:54:55.560]  against the property. Then what are you going to do? You're going to remove the roof and haul it
[01:54:55.560 --> 01:55:02.600]  off? Well, no, I'd say if they sold the property. That's what I'm saying. The equity becomes a claim,
[01:55:02.600 --> 01:55:06.280]  becomes a lien against the property to the holder of the equity.
[01:55:08.520 --> 01:55:12.200]  But that's, that's a portion of the property. The bank no longer has a claim on.
[01:55:15.400 --> 01:55:21.640]  So that is it. That's an interesting question. I'm not sure how to answer that. Yeah, me either.
[01:55:21.640 --> 01:55:25.560]  That's something I would have to read upon, I guess. But then it's a matter of where, because
[01:55:25.560 --> 01:55:28.520]  I'm thinking, okay, then there's the trust through actual lead on it as well.
[01:55:30.600 --> 01:55:35.960]  You need to, you need to befriend a New York trust attorney.
[01:55:39.480 --> 01:55:46.040]  New York trust. Yeah, these are the kind of things. Read all the New York trust statutes.
[01:55:46.040 --> 01:55:59.400]  Right. So, because then I'm thinking must place a lien on it. Okay. And so this is going to go in
[01:55:59.400 --> 01:56:03.720]  a few areas of law. You have real estate law, you have contract law, you have trust law.
[01:56:04.760 --> 01:56:08.840]  And then you also have to probably have to look about the UCC about putting a lien on the darn
[01:56:08.840 --> 01:56:18.040]  thing. Or I guess, is a UCC lien the same thing as a real estate lien? No. The owner has an owner.
[01:56:18.920 --> 01:56:25.160]  No. That's why you've got commercial code and property code.
[01:56:26.680 --> 01:56:29.640]  Right. But commercial code also deals with real estate, doesn't it?
[01:56:30.360 --> 01:56:35.800]  It can, but not necessarily. It deals with the documents related to real estate,
[01:56:35.800 --> 01:56:42.040]  not real estate itself. Well, then again, but that's everything. Nothing ever, you know,
[01:56:42.040 --> 01:56:48.600]  all rights are intangible. No, you're making some kind of general statement that the whole
[01:56:48.600 --> 01:56:53.400]  world can be lumped into. We can't get specific saying that everything can relate to everything.
[01:56:54.040 --> 01:57:03.000]  UCC goes to contracts. It's contract law. Right. Okay. So, mortgage is a special case contract.
[01:57:03.000 --> 01:57:10.760]  Right. So, only to the degree that it's a contract does the UCC apply. As far as real estate,
[01:57:10.760 --> 01:57:18.200]  the UCC is irrelevant. Whether it's real estate or commodities, UCC don't care what it is.
[01:57:18.200 --> 01:57:23.320]  It's all relevant. It's just it's all relevant. Right. So, again, I think that's section nine
[01:57:23.320 --> 01:57:29.000]  of the UCC. But then at the same exact time, you know, I mean, all rights and property
[01:57:29.000 --> 01:57:37.560]  I mean, all rights and property is intangible, isn't it? Okay, careful property. That was
[01:57:37.560 --> 01:57:41.880]  I'm talking about real property and I'm okay. I'm not asking you. I'm not understanding what
[01:57:41.880 --> 01:57:48.360]  you're asking you. All rights and property are intangible. Rights are intangible. Whoa,
[01:57:48.360 --> 01:57:54.040]  wait a minute. Wait a minute. Wait a minute. Wait a minute. What in the world would that have to do
[01:57:54.040 --> 01:58:00.840]  with your original question? Well, because the original question has to do with placing a lien.
[01:58:01.560 --> 01:58:06.760]  Well, hang on. I don't think we're going to have a chance to answer that. We are out of time.
[01:58:08.600 --> 01:58:14.840]  Alex, call back in next week if you would. And that would go for Philip and Marcus as well,
[01:58:14.840 --> 01:58:20.360]  gentlemen. I'm sorry we didn't have a chance to get to you tonight. But it was a pleasure being
[01:58:20.360 --> 01:58:29.640]  on there with you again. And until next week, I think that's going to cut it, Randy. Yep. Thank
[01:58:29.640 --> 01:58:37.960]  you all for listening and make sure you listen to Eddie Craig's Perfect Show Monday. We'll be back
[01:58:37.960 --> 01:58:51.960]  next Thursday and Friday. Thank you all and good night. Good night, folks. Bibles for America is
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