ROL_2015-06-19_16k_Hr3-4.timecode

[00:00.000 --> 00:06.000]  The following news flash is brought to you by the Lone Star Lowdown, providing the deli
[00:06.000 --> 00:08.000]  bulletins for the commodities market.
[00:08.000 --> 00:21.000]  Today in history, news updates, and the inside scoop into the tides of the alternative.
[00:21.000 --> 00:27.000]  Markets for the 18th of June, 2015, opened up with gold at $1,201.54 an ounce.
[00:27.000 --> 00:33.000]  Silver, $16.18 an ounce, Texas crude, $59.92 a barrel, and Bitcoin is currently sitting
[00:33.000 --> 00:35.000]  at about $250 U.S. currency.
[00:35.000 --> 00:46.000]  Today in history, Thursday, June 18, 1959, then Governor of Louisiana, Earl K. Long,
[00:46.000 --> 00:49.000]  is committed to a state mental hospital.
[00:49.000 --> 00:54.000]  He responds by having the hospital's director, Jesse Bankson, fired and replaces him with
[00:54.000 --> 01:05.000]  crony supporter, Bill Dodd, who proclaims Long perfectly sane and has him released.
[01:05.000 --> 01:10.000]  And the Vatican has released Pope Francis' encyclical on climate change and had the
[01:10.000 --> 01:15.000]  following to say, quote, a very solid scientific consensus indicates that we are presently
[01:15.000 --> 01:18.000]  witnessing a disturbing warming of the climatic system.
[01:18.000 --> 01:23.000]  A number of scientific studies indicates that most global warming in recent decades is due
[01:23.000 --> 01:27.000]  to the great concentration of greenhouse gases released mainly as a result of human activity.
[01:27.000 --> 01:31.000]  The exploitation of the planet has already exceeded the acceptable limits and we still
[01:31.000 --> 01:33.000]  have not solved the problem of poverty.
[01:33.000 --> 01:36.000]  We need to strengthen the conviction that we are one single human family.
[01:36.000 --> 01:40.000]  We are not faced with two separate crises, one environmental and the other social, but
[01:40.000 --> 01:44.000]  rather one complex crisis, which is both social and environmental.
[01:44.000 --> 01:49.000]  The idea of infinite or unlimited growth, which proves so attractive to economists,
[01:49.000 --> 01:53.000]  financiers and experts in technology, is based on the line that there is an infinite supply
[01:53.000 --> 01:58.000]  of the Earth's goods and this leads to the planet being squeezed, dried at every limit.
[01:58.000 --> 02:02.000]  Nobody is suggesting we return to the Stone Age, but we do need to slow down and look
[02:02.000 --> 02:04.000]  at reality in a different way.
[02:04.000 --> 02:08.000]  We need to reject a magical conception of the market, which would suggest that the problems
[02:08.000 --> 02:13.000]  can be solved simply by an increase in the profits of companies or individuals.
[02:13.000 --> 02:18.000]  The UN climate chief, Christina Figueres, said that this clarion call should guide the
[02:18.000 --> 02:22.000]  world towards a strong and durable universal climate agreement in Paris at the end of this
[02:22.000 --> 02:23.000]  year.
[02:23.000 --> 02:27.000]  Coupled with the economic imperative, the moral imperative leaves no doubt that we must
[02:27.000 --> 02:29.000]  act on climate change now.
[02:29.000 --> 02:34.000]  Jim Yong Kim, the World Bank president, said that today's release should serve as a stark
[02:34.000 --> 02:37.000]  reminder on the intrinsic link between climate change and poverty.
[02:37.000 --> 02:42.000]  We must now seize the narrow window of opportunity and embark on ambitious actions and policies
[02:42.000 --> 02:46.000]  to help protect people and the environment.
[02:46.000 --> 02:50.000]  The Lone Star Lowdown is currently looking for sponsors, so if you have a product or
[02:50.000 --> 02:53.000]  a service that you'd like to advertise on the Lowdown, feel free to give us a call at
[02:53.000 --> 02:55.000]  210-863-5617.
[02:55.000 --> 03:19.000]  This has been your Lowdown for June 18, 2015.
[03:25.000 --> 03:26.000]  Okay.
[03:26.000 --> 03:27.000]  We are back.
[03:27.000 --> 03:36.000]  Randy Kelton, U of the Radio, and we're talking to Barbara in Texas.
[03:36.000 --> 03:46.000]  There is a lot to learn here, and I just went through the basics of how to think about these
[03:46.000 --> 03:47.000]  guys.
[03:47.000 --> 03:49.000]  You have a lot of remedy.
[03:49.000 --> 03:54.000]  I know it probably doesn't seem that way because you're moving up toward eviction.
[03:54.000 --> 04:01.000]  But there is a lot of remedy out there, and I've been a long time digging out the remedies
[04:01.000 --> 04:04.000]  and got lots of things we can throw at them.
[04:04.000 --> 04:13.000]  Here, where you have a company that was forbidden to do business, and they did business, and
[04:13.000 --> 04:19.000]  now somebody came after them and tried to follow up their business, these guys could
[04:19.000 --> 04:22.000]  have some serious, serious trouble.
[04:22.000 --> 04:26.000]  So, give me the documentation.
[04:26.000 --> 04:33.000]  I can't tell you a lot more until I've seen what's in the record, and here's why I want
[04:33.000 --> 04:36.000]  to see what's in the record.
[04:36.000 --> 04:49.000]  The Texas Property Code, Section 13.001 says that any claim against real property not properly
[04:49.000 --> 04:56.000]  acknowledged or proven and filed in the public record is void as to the holder.
[04:56.000 --> 05:04.000]  The reason I ask you if this company was still in business is it's very common during the
[05:04.000 --> 05:13.000]  last 15 years to banks, and the mortgage companies would write predatory loans that were very
[05:13.000 --> 05:14.000]  profitable.
[05:14.000 --> 05:23.000]  Then they would sell the loan to the bank or to the special purpose vehicle at a loss,
[05:23.000 --> 05:27.000]  and then they would bankrupt and go out of business and essentially write off all of
[05:27.000 --> 05:28.000]  these profits.
[05:28.000 --> 05:31.000]  It was a tax scam.
[05:31.000 --> 05:38.000]  But in perpetrating that tax scam, they wound up taking all these companies out of business.
[05:38.000 --> 05:45.000]  What they didn't do is before the company went out of business, they didn't transfer
[05:45.000 --> 05:50.000]  the security instrument, the deed of trust, to another party.
[05:50.000 --> 05:57.000]  Say you give someone a loan on a piece of property, and they write you a lien against
[05:57.000 --> 06:07.000]  the property, and you die, and you don't have any heirs, but you didn't transfer it to
[06:07.000 --> 06:10.000]  somebody else before you died.
[06:10.000 --> 06:13.000]  Your claim dies with you.
[06:13.000 --> 06:26.000]  This mortgage depot was a person under law, under the definition of person, mortgage depot
[06:26.000 --> 06:31.000]  was a person, and the person died.
[06:31.000 --> 06:34.000]  If they didn't transfer the claim, the claim is void.
[06:34.000 --> 06:48.000]  And if anyone posted in the record a document that where the person who made something in
[06:48.000 --> 06:55.000]  the record showing that they have power and authority to file this document, then under
[06:55.000 --> 07:03.000]  government code 51901C, the document is presumed to be fraudulent and a trespass to try title
[07:03.000 --> 07:10.000]  or a quick claim action to get the document thrown out, and the chain of title is broken.
[07:10.000 --> 07:15.000]  While there still may be a loan out there, and there may be an obligation out there,
[07:15.000 --> 07:19.000]  there's nobody out there who can enforce the obligation anymore.
[07:19.000 --> 07:21.000]  So this is the kind of thing I look for.
[07:21.000 --> 07:25.000]  Okay, I could spend eight hours on this subject.
[07:25.000 --> 07:36.000]  So if you will get me the documents from the court clerk, the county registrar of deeds,
[07:36.000 --> 07:42.000]  and get them to me or email them to me at randyatruleslawradio.com and I will send you
[07:42.000 --> 07:46.000]  my phone number and I'll tell you what I find.
[07:46.000 --> 07:50.000]  Okay, can you spell out your email address to make sure I have it correctly?
[07:50.000 --> 08:04.000]  Yes, randyatruleslawradio.com.
[08:04.000 --> 08:09.000]  Okay, I will do.
[08:09.000 --> 08:14.000]  Okay, then give us a call next week or give me a call and get that to me as quickly as
[08:14.000 --> 08:17.000]  you can because your time is really short.
[08:17.000 --> 08:24.000]  Did you file a motion for reconsideration in your case?
[08:24.000 --> 08:30.000]  First I filed a motion for rehearing and it was denied.
[08:30.000 --> 08:32.000]  So then I filed an appeal.
[08:32.000 --> 08:36.000]  So right now I filed it in the appellate court.
[08:36.000 --> 08:38.000]  Oh, perfect, perfect.
[08:38.000 --> 08:41.000]  Now you can go after that judge and hammer him big time.
[08:41.000 --> 08:48.000]  So you're not, how long ago did you file a notice to appeal?
[08:48.000 --> 09:01.000]  The notice of appeal, it was on the 14th of May and I went up there to see as far as the
[09:01.000 --> 09:07.000]  brief and she said I had until the middle of August and I also requested a copy of the
[09:07.000 --> 09:12.000]  transcript so I think that's going to take up to 30 days.
[09:12.000 --> 09:15.000]  Wonderful, okay, good.
[09:15.000 --> 09:17.000]  Okay, so there's no great hurry.
[09:17.000 --> 09:19.000]  Okay, give that to me.
[09:19.000 --> 09:22.000]  I'll look it over and I'll tell you what I find.
[09:22.000 --> 09:24.000]  And call in next week.
[09:24.000 --> 09:26.000]  We'll go over it on the air.
[09:26.000 --> 09:33.000]  I know on the 29th because they did put a notice on my door Thursday so I went to court
[09:33.000 --> 09:36.000]  and filed a temporary restraining order.
[09:36.000 --> 09:43.000]  So I actually have a hearing on the 29th of this month for the temporary restraining order.
[09:43.000 --> 09:48.000]  Okay, and that will be it.
[09:48.000 --> 09:49.000]  Get a hold of me quickly.
[09:49.000 --> 09:56.000]  I'll get you some claims to take to that hearing and almost certainly get you that hearing,
[09:56.000 --> 09:58.000]  get you that ruling.
[09:58.000 --> 09:59.000]  Okay, great.
[09:59.000 --> 10:00.000]  Thank you, Randy.
[10:00.000 --> 10:02.000]  Okay, you are welcome.
[10:02.000 --> 10:07.000]  Okay, now we're going to go to Chris in Pennsylvania.
[10:07.000 --> 10:09.000]  Sorry to hold you up that way, Chris.
[10:09.000 --> 10:15.000]  I appreciate your generosity.
[10:15.000 --> 10:18.000]  Okay, what do you have for us, Chris?
[10:18.000 --> 10:23.000]  Well, I'm trying to get them, I'm okay, you're okay.
[10:23.000 --> 10:36.000]  We've taken our case, we got new counsel and we were in discovery and we were looking at setting up some admissions
[10:36.000 --> 10:43.000]  and we got the bank placed a summary judgment because of lack of evidence.
[10:43.000 --> 10:50.000]  Okay, back up and give us a synopsis of where you're at.
[10:50.000 --> 10:57.000]  Well, we were, we had a counsel who, we had the foreclosure.
[10:57.000 --> 11:12.000]  We have Wachovia Bank, Wachovia Corporation who was out of business in 2007, 2008 and we have a no lender
[11:12.000 --> 11:17.000]  and we had Wells Fargo step in and tell us we were changing your mortgage payment
[11:17.000 --> 11:23.000]  so we filed a bankruptcy to see if we could bring the lender to the table.
[11:23.000 --> 11:29.000]  In the interim of that we were in a modification, found out that we had a Fannie Mae loan
[11:29.000 --> 11:39.000]  and the bank was telling us that Fannie Mae is our lender and so we were trying to get a Fannie Mae modification
[11:39.000 --> 11:43.000]  but the bank wasn't giving us a Fannie Mae modification.
[11:43.000 --> 11:50.000]  They were telling us they're the lender but they're sending us letters telling us that Fannie Mae is the lender.
[11:50.000 --> 11:57.000]  So we went to bankruptcy courts, got the loan discharged, the note discharged.
[11:57.000 --> 12:04.000]  The mortgage is still there with a lien on it so we filed some interrogatories.
[12:04.000 --> 12:13.000]  The bank didn't answer the interrogatories and the counsel we had wasn't willing to file a motion to compel for those interrogatories
[12:13.000 --> 12:19.000]  so we found new counsel and the new counsel was getting ready to file some admissions
[12:19.000 --> 12:27.000]  and the bank filed a motion for summary judgment based on the fact that there is no evidence
[12:27.000 --> 12:36.000]  and that we are not the party in the assignment to challenge the assignment
[12:36.000 --> 12:46.000]  and that we had a mortgage and yada yada, you know, the way they would send in their summary judgment.
[12:46.000 --> 12:48.000]  So we're now in the process of answering.
[12:48.000 --> 12:52.000]  That kind of sounds like the wrong argument.
[12:52.000 --> 13:02.000]  Are you familiar with 11 U.S.C. 256, I believe?
[13:02.000 --> 13:03.000]  I can look it up.
[13:03.000 --> 13:21.000]  If you do a search for effective discharge, effective discharge in bankruptcy is going to get you 11 U.S. code 254.
[13:21.000 --> 13:22.000]  Okay.
[13:22.000 --> 13:25.000]  Discharge, are you familiar with that?
[13:25.000 --> 13:27.000]  No.
[13:27.000 --> 13:31.000]  Oh, you're going to like this.
[13:31.000 --> 13:39.000]  Okay, 11 U.S. code 524, discharge in a case under this article.
[13:39.000 --> 13:47.000]  Okay, I'm sorry, a discharge in a case under this title voids any judgment at any time obtained
[13:47.000 --> 13:53.000]  to the extent that such judgment is a determination of personal liability of the debtor
[13:53.000 --> 14:04.000]  with respect to any discharge under this, under section 727, 944, 1141, 1228, 1328.
[14:04.000 --> 14:07.000]  This is in there.
[14:07.000 --> 14:08.000]  Okay.
[14:08.000 --> 14:17.000]  Two, operates as an injunction against the commencement or continuation of an action.
[14:17.000 --> 14:19.000]  Let me back up.
[14:19.000 --> 14:26.000]  A discharge in a case under this title operates as an injunction against the commencement
[14:26.000 --> 14:33.000]  or continuation of an action, the employment of process or an act to collect, recover,
[14:33.000 --> 14:39.000]  or offset any such debt as a personal liability of the debtor, rather or not discharge of
[14:39.000 --> 14:43.000]  such debt is waived.
[14:43.000 --> 14:49.000]  A discharge in a case under this title operates as an injunction against the commencement
[14:49.000 --> 14:55.000]  or continuation of an action, the employment of process or an act to collect or recover
[14:55.000 --> 15:02.000]  from or offset against property of the debtor of the kind specified in section 541A2.
[15:02.000 --> 15:08.000]  A discharge of this title that is acquired after the commencement of the case on account
[15:08.000 --> 15:13.000]  of any allowable community claim except a community claim that is exempted from discharge
[15:13.000 --> 15:15.000]  under 523.
[15:15.000 --> 15:17.000]  Okay, that really doesn't apply.
[15:17.000 --> 15:22.000]  Those first two are very clear.
[15:22.000 --> 15:25.000]  A discharge...
[15:25.000 --> 15:27.000]  Can you repeat that for me?
[15:27.000 --> 15:29.000]  The case number or the...
[15:29.000 --> 15:35.000]  11 U.S. Code 524.
[15:35.000 --> 15:36.000]  Okay.
[15:36.000 --> 15:43.000]  If you just type in effective discharge and bankruptcy, this is very clear.
[15:43.000 --> 15:48.000]  They are statutorily stopped for further collections.
[15:48.000 --> 15:58.000]  My suggestion to you is you amend your pleading and make a claim against them for violating
[15:58.000 --> 16:03.000]  this act and in denying you and your whites.
[16:03.000 --> 16:10.000]  Go after them big time.
[16:10.000 --> 16:12.000]  Okay.
[16:12.000 --> 16:21.000]  What I was hoping you were going to tell me was that we have all the evidence that we've
[16:21.000 --> 16:27.000]  never been able to present to the court from the evidence that the bank sends us letters
[16:27.000 --> 16:30.000]  making the claim they are not the lender.
[16:30.000 --> 16:35.000]  The fact that they made in their summary judgment the fact that they are the lender is an
[16:35.000 --> 16:38.000]  impossibility because Wachovia was closed.
[16:38.000 --> 16:41.000]  MERS is not a nominee to a closed bank.
[16:41.000 --> 16:44.000]  They're the ones making the assignment.
[16:44.000 --> 16:45.000]  Okay, hang on.
[16:45.000 --> 16:47.000]  We're about to go to a break.
[16:47.000 --> 16:49.000]  Randy Kelton, Debra...
[16:49.000 --> 16:51.000]  No, Debra Stevens is not here tonight.
[16:51.000 --> 16:54.000]  Randy Kelton, We'll Be Right Back.
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[18:57.000 --> 19:00.000]  to learn how to stop debt collectors now.
[19:00.000 --> 19:12.000]  You are listening to the Logos Radio Network, logosradionetwork.com.
[19:12.000 --> 19:14.000]  Well, don't let nothing get to you.
[19:14.000 --> 19:17.000]  Only the Father can deliver you.
[19:17.000 --> 19:20.000]  Don't let bad-minded people hurt you.
[19:20.000 --> 19:24.000]  Until Satan gets behind you.
[19:24.000 --> 19:27.000]  Know what I mean, my friend?
[19:27.000 --> 19:32.000]  And all I judge is a couple of those things that hurt me pretty.
[19:32.000 --> 19:35.000]  Telling you problems and things.
[19:35.000 --> 19:37.000]  Calling his name once again.
[19:37.000 --> 19:38.000]  Okay, we are back.
[19:38.000 --> 19:44.000]  Randy Kelton, Rule of Law Radio, and we're talking to Chris in Pennsylvania.
[19:44.000 --> 19:51.000]  Okay, Chris, you were telling me what you were hoping I was going to say.
[19:51.000 --> 19:56.000]  I was kind of hoping you were going to say this was my opportunity to come in from the back door.
[19:56.000 --> 20:04.000]  In answering, in putting in our answer to their summary judgment,
[20:04.000 --> 20:10.000]  which we've put together to include why they're not the lender,
[20:10.000 --> 20:13.000]  because they've made the statement they are the lender,
[20:13.000 --> 20:17.000]  and then the letters they've sent us telling us that Fannie Mae is the lender,
[20:17.000 --> 20:20.000]  they are just the servicer for Fannie Mae,
[20:20.000 --> 20:27.000]  with no assignment, of course, to Fannie Mae on the note or mortgage.
[20:27.000 --> 20:33.000]  All of those issues that we've brought up with Wachovia not being in business
[20:33.000 --> 20:39.000]  and the MERS transfer wouldn't be possible since MERS only works for its members,
[20:39.000 --> 20:44.000]  and of course, a closed bank would be a member of MERS.
[20:44.000 --> 20:51.000]  To be able to come in with those answers and a new statement on our answer to their summary judgment
[20:51.000 --> 20:54.000]  to make the judge aware of that.
[20:54.000 --> 20:59.000]  Okay, Judge, what judge are you in front of?
[20:59.000 --> 21:02.000]  Judge Rowley.
[21:02.000 --> 21:07.000]  State judge, federal bankruptcy?
[21:07.000 --> 21:10.000]  He's a state judge.
[21:10.000 --> 21:29.000]  Okay, you need to petition the bankruptcy court for a cease and desist order under 524.
[21:29.000 --> 21:35.000]  Okay, one of the statements that was made on our bankruptcy discharge was, though,
[21:35.000 --> 21:39.000]  that the mortgage is still there and the lien is still present.
[21:39.000 --> 21:41.000]  So what?
[21:41.000 --> 21:44.000]  Okay, that's why.
[21:44.000 --> 21:52.000]  This says 11 U.S. Code 524 says it don't care if it's there.
[21:52.000 --> 21:59.000]  It says you are specifically forbidden to attempt to enforce it.
[21:59.000 --> 22:03.000]  So this is a good place to go back to the bankruptcy court
[22:03.000 --> 22:10.000]  and ask the bankruptcy court to issue a cease and desist order.
[22:10.000 --> 22:12.000]  Okay.
[22:12.000 --> 22:16.000]  All that other stuff becomes irrelevant.
[22:16.000 --> 22:26.000]  Okay, I was listening to your earlier discussion with Leslie, which I found fascinating,
[22:26.000 --> 22:30.000]  and she's from Pennsylvania as well.
[22:30.000 --> 22:35.000]  Yes, have you been in communication with her?
[22:35.000 --> 22:37.000]  No, I have not.
[22:37.000 --> 22:42.000]  I need to get you two together.
[22:42.000 --> 22:48.000]  Yeah, that would be great because we were also looking at trying to do the quiet title
[22:48.000 --> 22:55.000]  since we have reference to World Savings, Indy Mac, all of these banks,
[22:55.000 --> 23:01.000]  being the mortgagee on our homeowners insurance, and the transfer again,
[23:01.000 --> 23:08.000]  which she mentioned, was from Bank A to Bank D, which is a clear and apparent.
[23:08.000 --> 23:11.000]  When you look at what's recorded in the recorder of deeds office,
[23:11.000 --> 23:19.000]  this went from Bank A, who's closed, to Bank D.
[23:19.000 --> 23:27.000]  Well, before you get to arguing those, you've argued this so long, you know they're valid,
[23:27.000 --> 23:33.000]  but the courts, they just don't want to rule that way.
[23:33.000 --> 23:40.000]  And so you can expect that they're going to rule against you out of hand at every turn.
[23:40.000 --> 23:45.000]  The one that might not is the bankruptcy court.
[23:45.000 --> 23:46.000]  Okay.
[23:46.000 --> 23:49.000]  And the bankruptcy court is right.
[23:49.000 --> 23:51.000]  All they can do is discharge the debt.
[23:51.000 --> 23:57.000]  They don't have anything to do with note, with the deed of trust.
[23:57.000 --> 24:00.000]  It can sit there in the public record.
[24:00.000 --> 24:07.000]  But they do have a duty to enforce their own code.
[24:07.000 --> 24:10.000]  And you put in that court to enforce this code.
[24:10.000 --> 24:12.000]  Okay.
[24:12.000 --> 24:14.000]  I distracted you with that.
[24:14.000 --> 24:18.000]  Let's go back to your other arguments because if they rule against you on this,
[24:18.000 --> 24:21.000]  you still have to argue the other issues.
[24:21.000 --> 24:22.000]  Correct.
[24:22.000 --> 24:26.000]  So let's go back where you wanted to be.
[24:26.000 --> 24:31.000]  Well, I was merely just trying to address the assignment
[24:31.000 --> 24:35.000]  and, you know, the bank making the statement on their summary judgment
[24:35.000 --> 24:40.000]  that she's not a party to the assignment, therefore she can't pass the assignment.
[24:40.000 --> 24:45.000]  Okay. You're familiar with, well, what's the case in?
[24:45.000 --> 24:53.000]  There's Texas Jenkins and Glassky in New York.
[24:53.000 --> 24:54.000]  New York.
[24:54.000 --> 24:55.000]  I'm sorry, California.
[24:55.000 --> 24:56.000]  Right.
[24:56.000 --> 25:01.000]  There have been cases in Oregon and Washington state.
[25:01.000 --> 25:06.000]  There have been a number of cases where the courts have ruled
[25:06.000 --> 25:17.000]  that the assignment affects claim against real property and you do have standing.
[25:17.000 --> 25:23.000]  But there's another way to go at this one.
[25:23.000 --> 25:32.000]  If an assignment is improperly filed, then you're not challenging,
[25:32.000 --> 25:38.000]  then you file a quiet title as to the assignment itself.
[25:38.000 --> 25:45.000]  You're not challenging the title in form of a contract.
[25:45.000 --> 25:50.000]  You're not challenging provisions of the document.
[25:50.000 --> 25:55.000]  And their argument is that you would not have standing as you're not a party.
[25:55.000 --> 26:06.000]  What you claim in the quiet title is the document is insufficient for filing in the public record.
[26:06.000 --> 26:08.000]  We have a statute in Texas.
[26:08.000 --> 26:16.000]  I'm sure you have one similar, the 51901C that says that any document filed in the record,
[26:16.000 --> 26:19.000]  and this is a paraphrase,
[26:19.000 --> 26:26.000]  for which there is no documentation showing that the filing entity
[26:26.000 --> 26:31.000]  has authority to make filings affecting the record,
[26:31.000 --> 26:36.000]  then the document is presumed to be fraudulent.
[26:36.000 --> 26:43.000]  Now, this is a special case, special meaning of fraudulent.
[26:43.000 --> 26:49.000]  The other meanings of fraud don't apply here because this one is stipulated as statute.
[26:49.000 --> 27:02.000]  If there's nothing in the record showing that Chase Bank has the power to foreclose on a Washington Mutual note,
[27:02.000 --> 27:06.000]  then Chase Bank can't foreclose on it.
[27:06.000 --> 27:10.000]  I'm sorry, or can't file documents in the record.
[27:10.000 --> 27:18.000]  There's nothing that says that Chase has anything to do with the mortgage
[27:18.000 --> 27:26.000]  because Washington Mutual didn't file an assignment from Washington Mutual to Chase,
[27:26.000 --> 27:29.000]  so Chase is not having this power.
[27:29.000 --> 27:33.000]  In Texas, that document would be presumed to be fraudulent.
[27:33.000 --> 27:38.000]  You've almost certainly got something similar.
[27:38.000 --> 27:44.000]  Then you make the charge that the entity filing the document lacked authority.
[27:44.000 --> 27:49.000]  If you have a document that's filed by MERS
[27:49.000 --> 27:54.000]  as nominee for the lender and this lender's successors and assigns,
[27:54.000 --> 27:59.000]  and it doesn't name the original lender,
[27:59.000 --> 28:06.000]  then that generally happens when the original lender is out of business.
[28:06.000 --> 28:13.000]  You have the lender that's out of business.
[28:13.000 --> 28:18.000]  Yours was Wachovia, and Wachovia is absolutely out of business.
[28:18.000 --> 28:24.000]  The claim they'll make on that one is, oh, wait a minute.
[28:24.000 --> 28:35.000]  Did Wachovia transfer the security instrument to Bank of America or what's Fargo?
[28:35.000 --> 28:38.000]  Not that we're aware in public record.
[28:38.000 --> 28:40.000]  There's nothing we can do.
[28:40.000 --> 28:47.000]  Then what they're going to say is that Wachovia merged with Bank of America,
[28:47.000 --> 28:53.000]  because that's really what happened, and they might actually win that argument.
[28:53.000 --> 28:59.000]  However, what you maintain is that when Bank of America,
[28:59.000 --> 29:11.000]  when Wells Fargo merged with Wachovia, your note was not an asset of Wachovia.
[29:11.000 --> 29:19.000]  This is the same issue with Washington Mutual and Chase.
[29:19.000 --> 29:26.000]  When I was in court on that issue, I argued with the court.
[29:26.000 --> 29:34.000]  There's nothing in the record showing that JPMorgan Chase has any authority to affect title.
[29:34.000 --> 29:40.000]  The lawyer said, well, everybody knows that JPMorgan took over the assets of Washington Mutual.
[29:40.000 --> 29:45.000]  Well, I don't know that, but even assuming that was so, was this note an asset?
[29:45.000 --> 29:49.000]  Washington Mutual would have went out of business.
[29:49.000 --> 30:02.000]  Hang on, Randy Kelton, Wheel of Law Radio, we'll be right back.
[30:02.000 --> 30:06.000]  A homeless man steals 100 bucks and a judge gives him a 15-year sentence.
[30:06.000 --> 30:11.000]  The next day, a CEO who swindled 3 billion gets just 3 years.
[30:11.000 --> 30:12.000]  What gives?
[30:12.000 --> 30:15.000]  I'm Dr. Catherine Albrecht, and I'll be right back with the details.
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[30:25.000 --> 30:30.000]  So protect your rights, say no to surveillance, and keep your information to yourself.
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[30:44.000 --> 30:48.000]  Two years ago in Louisiana, Roy Brown, a black homeless man, robbed a bank
[30:48.000 --> 30:50.000]  and made off with $100.
[30:50.000 --> 30:54.000]  Remorseful, he surrendered to police the next day, returned the money,
[30:54.000 --> 30:57.000]  and pleaded guilty, saying his mama didn't raise him that way.
[30:57.000 --> 31:01.000]  The judge was unmoved and sentenced him to 15 years.
[31:01.000 --> 31:05.000]  Just one day later, a Virginia judge handed down a mere 40-month prison sentence
[31:05.000 --> 31:11.000]  to Paul Allen, a white investment tycoon who helped embezzle more than 3 billion dollars.
[31:11.000 --> 31:16.000]  Paul Allen will be back on the golf course before Roy Brown is even up for parole.
[31:16.000 --> 31:18.000]  Could anything be more unfair?
[31:18.000 --> 31:23.000]  Obviously, discrimination is alive and well in our courts, and it's a crying shame.
[31:23.000 --> 31:52.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
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[33:25.000 --> 33:35.000]  Okay, we are back.
[33:35.000 --> 33:41.000]  Randy Kelton, Rule of Law Radio, and we're talking to Chris in Pennsylvania.
[33:41.000 --> 33:42.000]  There we go.
[33:42.000 --> 33:43.000]  Go ahead, Chris.
[33:43.000 --> 33:46.000]  Where were we?
[33:46.000 --> 33:51.000]  Well, we're basically in the summary judgment.
[33:51.000 --> 33:57.000]  And this is my biggest concern because we tried to get into counsel
[33:57.000 --> 34:03.000]  to apply some admissions to the fact that Wells Fargo is not the lender
[34:03.000 --> 34:06.000]  because they were telling us they're not the lender.
[34:06.000 --> 34:08.000]  They're the servicer for Fannie Mae.
[34:08.000 --> 34:12.000]  And we were unable to get those in before they sent us the summary judgment
[34:12.000 --> 34:19.000]  saying there is no more, there is no evidence in trying to get this moved forward.
[34:19.000 --> 34:26.000]  And this is a three-year stint now that the bank is finally doing anything
[34:26.000 --> 34:31.000]  without answering any of our, they didn't answer the QWR,
[34:31.000 --> 34:33.000]  they didn't answer our interrogatories.
[34:33.000 --> 34:37.000]  And we were hoping to have counsel be able to put in some admissions
[34:37.000 --> 34:43.000]  to get them to admit to the letters they send us telling us they're not the lender.
[34:43.000 --> 34:46.000]  But they're telling the court that they hold the note in a mortgage,
[34:46.000 --> 34:50.000]  which if Fannie Mae is the lender that they claim,
[34:50.000 --> 34:53.000]  it would be impossible for Wells Fargo.
[34:53.000 --> 34:59.000]  And I'm wondering just putting that in the briefing of the summary judgment
[34:59.000 --> 35:04.000]  that we send, reply to the summary judgment,
[35:04.000 --> 35:10.000]  will be enough evidence to make the judge say there needs to be, you know.
[35:10.000 --> 35:11.000]  Okay, hold on.
[35:11.000 --> 35:18.000]  They're claiming to hold the note and the security instrument,
[35:18.000 --> 35:25.000]  and that's the relevant, note part's irrelevant because that's been discharged.
[35:25.000 --> 35:36.000]  They've already said that they're just the servicester and they're not the holder.
[35:36.000 --> 35:41.000]  So if they've already stated in the court that they are not the holder,
[35:41.000 --> 35:51.000]  then they're collaterally stopped from making a diametrically opposed statement.
[35:51.000 --> 35:52.000]  Right.
[35:52.000 --> 35:56.000]  Well, they've mentioned this in court.
[35:56.000 --> 36:01.000]  They keep mentioning in court how they are the lender holding this,
[36:01.000 --> 36:08.000]  even though they're sending us letters telling us that they're merely the servicester
[36:08.000 --> 36:10.000]  trying to collect the debt.
[36:10.000 --> 36:13.000]  And if this has been discharged under bankruptcy,
[36:13.000 --> 36:16.000]  then we're not attempting to collect the debt.
[36:16.000 --> 36:23.000]  So we have 15, 20 of those letters they send us on a monthly basis.
[36:23.000 --> 36:27.000]  And the answer to their QWR,
[36:27.000 --> 36:32.000]  we've gotten other letters from them telling us that we can qualify for a Fannie Mae
[36:32.000 --> 36:37.000]  since they own the loan.
[36:37.000 --> 36:45.000]  Everything that we've gotten from the bank makes the statement that they're not the lender.
[36:45.000 --> 36:50.000]  And we were hoping to use those as exhibits in our response to their summary judgment
[36:50.000 --> 36:55.000]  to show the judge that the bank is making a claim to the court.
[36:55.000 --> 37:03.000]  They're the lender and they're telling us they're not the lender.
[37:03.000 --> 37:09.000]  I'm looking for collateral estoppel.
[37:09.000 --> 37:27.000]  Did they send you these notifications under requirement by the FCRA or RESPA, Resistable Procedures Act?
[37:27.000 --> 37:33.000]  No, these are letters from the bank, not from their attorney.
[37:33.000 --> 37:35.000]  Yeah, I understand.
[37:35.000 --> 37:37.000]  But why did the bank send them to you?
[37:37.000 --> 37:41.000]  Are they required to by statute?
[37:41.000 --> 37:43.000]  I'm not sure.
[37:43.000 --> 37:48.000]  I'm trying to get to collateral estoppel.
[37:48.000 --> 37:54.000]  If they state in this letter to you that they hold a position,
[37:54.000 --> 38:00.000]  then I wouldn't be able to say they can't go to the court
[38:00.000 --> 38:03.000]  and tell the court that they hold a different position.
[38:03.000 --> 38:12.000]  But what they tell you in a letter may not be binding in court.
[38:12.000 --> 38:16.000]  So that's why I'm asking why did they send these letters?
[38:16.000 --> 38:22.000]  If they sent this letter under a statutory requirement,
[38:22.000 --> 38:30.000]  then you might well be able to claim that this would constitute collateral estoppel
[38:30.000 --> 38:35.000]  for them to later make a diametrically opposed assertion.
[38:35.000 --> 38:37.000]  Right.
[38:37.000 --> 38:43.000]  Have they made any of these claims in court?
[38:43.000 --> 38:46.000]  None, none yet.
[38:46.000 --> 38:53.000]  They haven't made any claim other than their original filing
[38:53.000 --> 38:56.000]  that they were the lender and the holder of the mortgage.
[38:56.000 --> 39:01.000]  But we also have the discharge and the credit report
[39:01.000 --> 39:06.000]  making the statements from Fannie Mae and from Wells Fargo that the accounts are closed.
[39:06.000 --> 39:09.000]  There is no debt discharged under Chapter 7.
[39:09.000 --> 39:15.000]  So we were kind of concerned why Fannie Mae would be making a notification
[39:15.000 --> 39:25.000]  on the credit report if they had nothing to do with the mortgage or the note.
[39:25.000 --> 39:30.000]  So this sounds like nobody really knows where the mortgage or the note is.
[39:30.000 --> 39:32.000]  Right.
[39:32.000 --> 39:39.000]  Well, prior to the foreclosure when we implied about what a modification would do for us,
[39:39.000 --> 39:41.000]  we didn't ask for a modification.
[39:41.000 --> 39:47.000]  You know, we got all these letters from Wells Fargo because they were our servicer.
[39:47.000 --> 39:51.000]  All we've ever received were servicer changes in the mail.
[39:51.000 --> 39:56.000]  We went from Wachovia Mortgage Corporation who said they closed
[39:56.000 --> 40:00.000]  and Wachovia FSB would be our new servicer.
[40:00.000 --> 40:08.000]  Then we got a letter from FSB and Wells Fargo stating that Wells Fargo would now be our servicer,
[40:08.000 --> 40:12.000]  but no one telling us there was a lender change.
[40:12.000 --> 40:17.000]  Was there anything filed in the record as to the change?
[40:17.000 --> 40:21.000]  None.
[40:21.000 --> 40:22.000]  None.
[40:22.000 --> 40:27.000]  The only thing that we have filed in the record is the original mortgage and note
[40:27.000 --> 40:33.000]  and none of the assignments to World Savings or IndyMac.
[40:33.000 --> 40:40.000]  And I explained this to you before that the IndyMac assignment shows a different mortgage number
[40:40.000 --> 40:47.000]  for which IndyMac was indicted by the FDIC for holding assignments with or holding mortgages with no assignments.
[40:47.000 --> 40:52.000]  And the numbers changed, which we can show through our homeowners insurance.
[40:52.000 --> 41:00.000]  The numbers changed and it was held by IndyMac on the exact time that they were indicted by the FDIC.
[41:00.000 --> 41:06.000]  And then all of a sudden it appears through our homeowners that it went back to Wachovia,
[41:06.000 --> 41:16.000]  Wachovia FSB, and then to Wells Fargo with no assignment recorded in a recorder of deeds office.
[41:16.000 --> 41:21.000]  And this was the one thing that I was interested in hearing from Leslie was I was surprised
[41:21.000 --> 41:27.000]  because Pennsylvania has a very strict recording statute which makes the claim,
[41:27.000 --> 41:33.000]  and we've talked about this before with Nancy Becker, who is the recorder of deeds in Montgomery County,
[41:33.000 --> 41:40.000]  who used this to make her claim that the Pennsylvania recording statute makes claim to all past,
[41:40.000 --> 41:47.000]  present, and future recordings or assignments if they're not recorded in the recorder of deeds office,
[41:47.000 --> 41:52.000]  they are proclaimed fraudulent and void.
[41:52.000 --> 41:56.000]  And she won that case.
[41:56.000 --> 41:58.000]  Go ahead.
[41:58.000 --> 42:08.000]  She won that case and the court ruled that the failure to file the notice was criminal.
[42:08.000 --> 42:09.000]  Yes.
[42:09.000 --> 42:19.000]  So using that you can go to a claim that the lender lacks capacity
[42:19.000 --> 42:28.000]  because by committing the criminal acts of not filing the changes in beneficial interest,
[42:28.000 --> 42:33.000]  that he committed a criminal act against the law of the state of Pennsylvania
[42:33.000 --> 42:42.000]  and therefore became a trespasser ab initio from the beginning and cannot now come and claim the contract.
[42:42.000 --> 42:50.000]  Also in Covenant 16 of the contract, both parties agreed to abide by all law,
[42:50.000 --> 42:53.000]  but the lender did not abide by all law.
[42:53.000 --> 43:02.000]  They committed criminal acts and therefore repudiated the contract.
[43:02.000 --> 43:04.000]  All right.
[43:04.000 --> 43:09.000]  Have you argued Covenant 16?
[43:09.000 --> 43:10.000]  Covenant 16, yes.
[43:10.000 --> 43:17.000]  Last I heard about Nancy Becker's case was they closed the record to that case
[43:17.000 --> 43:22.000]  and it was still being looked at and I haven't heard anything.
[43:22.000 --> 43:38.000]  They dismissed it without prejudice, excuse me, claiming that she should have named her husband as a joint plaintiff.
[43:38.000 --> 43:43.000]  And so the claim was failure to include a necessary party
[43:43.000 --> 43:47.000]  rendered the court without subject matter jurisdiction.
[43:47.000 --> 43:49.000]  So they dismissed for that reason.
[43:49.000 --> 43:51.000]  They didn't dismiss on any of her issues.
[43:51.000 --> 43:57.000]  She just filed a RICO suit.
[43:57.000 --> 43:59.000]  Okay, I thought she filed a claim.
[43:59.000 --> 44:02.000]  Okay.
[44:02.000 --> 44:10.000]  Hello.
[44:32.000 --> 44:34.000]  Are you the plaintiff?
[44:34.000 --> 44:35.000]  Yes.
[44:35.000 --> 44:36.000]  Are you the plaintiff?
[44:36.000 --> 44:37.000]  Yes.
[44:37.000 --> 44:38.000]  Okay.
[44:38.000 --> 45:04.000]  Are you the plaintiff or defendant in a lawsuit?
[45:04.000 --> 45:09.000]  Okay.
[45:34.000 --> 45:39.000]  Even if you're not in a lawsuit, you can learn what everyone should understand
[45:39.000 --> 45:43.000]  about the principles and practices that control our American courts.
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[46:02.000 --> 46:25.000]  Thank you.
[46:25.000 --> 46:38.000]  Okay, we are back.
[46:38.000 --> 46:40.000]  Randy Kelton, Rule of Law Radio.
[46:40.000 --> 46:44.000]  And we fell off the cliff there last time, Chris.
[46:44.000 --> 46:45.000]  Okay.
[46:45.000 --> 46:46.000]  We did.
[46:46.000 --> 46:51.000]  Where were we when we stumbled off the cliff?
[46:51.000 --> 46:59.000]  We were just west-touched on Nancy Becker, the recorder of deeds from Montgomery County who made the case.
[46:59.000 --> 47:02.000]  I think that was very powerful.
[47:02.000 --> 47:06.000]  And have you looked at her case?
[47:06.000 --> 47:11.000]  I did, but they closed the records to it as far as I heard.
[47:11.000 --> 47:13.000]  You might check again.
[47:13.000 --> 47:14.000]  I haven't heard that.
[47:14.000 --> 47:21.000]  I'm sure Leslie would have told me about that.
[47:21.000 --> 47:27.000]  But even if they have, Leslie has all the documentation, I'm sure.
[47:27.000 --> 47:29.000]  Yeah, that was very powerful.
[47:29.000 --> 47:38.000]  You definitely need to talk to Leslie because you need to look at her RICO suit.
[47:38.000 --> 47:41.000]  You might want to join him.
[47:41.000 --> 47:57.000]  And then you use the RICO suit as a reason to get a restraining order in this case to stop them based on resolution of RICO.
[47:57.000 --> 48:03.000]  Yeah, if you could get me her information, if you still have my email address.
[48:03.000 --> 48:08.000]  Just send me an email to make sure that I have it.
[48:08.000 --> 48:10.000]  Yep, will do.
[48:10.000 --> 48:11.000]  I'll get that to you.
[48:11.000 --> 48:25.000]  As to, back to the assignments, there was something, oh, look at Jenkins, California, Jenkins and Glassky.
[48:25.000 --> 48:28.000]  Right, I've looked at that, yep.
[48:28.000 --> 48:37.000]  Okay, they need to look close at Jenkins because Jenkins has been mischaracterized.
[48:37.000 --> 48:48.000]  The lawyers are quoting Jenkins as saying that you can't challenge an assignment, and it doesn't say any such thing.
[48:48.000 --> 48:57.000]  What it says is you can't do an assignment with no supporting evidence.
[48:57.000 --> 49:00.000]  You can't challenge an assignment with no supporting evidence.
[49:00.000 --> 49:12.000]  You essentially can't use a lawsuit challenging an assignment as a phishing expedition.
[49:12.000 --> 49:13.000]  Right.
[49:13.000 --> 49:17.000]  You have to show some fact.
[49:17.000 --> 49:25.000]  And I think my new counsel, she's smart enough and she realizes that and that's what she's using.
[49:25.000 --> 49:26.000]  Good, good.
[49:26.000 --> 49:28.000]  Glad you got good counsel.
[49:28.000 --> 49:34.000]  Okay, I think you're probably in pretty good shape.
[49:34.000 --> 49:35.000]  Yeah.
[49:35.000 --> 49:36.000]  Okay, well, hold on.
[49:36.000 --> 49:40.000]  Did they grant summary judgment, miss something?
[49:40.000 --> 49:41.000]  No, no, no.
[49:41.000 --> 49:54.000]  They just submitted the summary judgment a week ago, and so we've just put together a response to the summary judgment.
[49:54.000 --> 50:00.000]  Oh, okay. Have you bar grieved the lawyers on the other side?
[50:00.000 --> 50:02.000]  No.
[50:02.000 --> 50:14.000]  You'd probably need to do that at least once so that you can get your lawyer to pull you off of them.
[50:14.000 --> 50:30.000]  And that puts your lawyer in a kind of a one-up position to the other lawyers because now she has more plausible deniability because she's got this unruly client.
[50:30.000 --> 50:32.000]  Okay.
[50:32.000 --> 50:45.000]  Think about the politics. You start hammering those lawyers on the other side, and the first set's going to disappear pretty quickly, and then they'll hire a little more hardcore set.
[50:45.000 --> 50:57.000]  But if you hammer them big time, they'll wind up leaving and they'll have to hire an even more hardcore, and that ups the bank's cost tremendously.
[50:57.000 --> 50:58.000]  Right.
[50:58.000 --> 51:02.000]  Go ahead.
[51:02.000 --> 51:22.000]  You know, I was hoping that that was what the response to this would be if the bank is making the claim as being the lender and the attorneys are making the claim as being the lender to the court, and the bank is sending us letters making the claim that they are not the lender.
[51:22.000 --> 51:32.000]  That's enough for prima facie, evidence at least that there is some confusion as to who the lender is.
[51:32.000 --> 51:33.000]  Right.
[51:33.000 --> 51:39.000]  Did you hear what Leslie presented earlier?
[51:39.000 --> 51:43.000]  Yes, I did. Yeah, I thought that was fascinating.
[51:43.000 --> 52:01.000]  Yeah, I was really pleased with that. That'll be great. But you might have you tried quiet. Okay. What was the nature of this suit? Was it a quiet title action against the assignment?
[52:01.000 --> 52:08.000]  No, the nature of our suit? No, that's what we're looking at doing as well.
[52:08.000 --> 52:24.000]  Okay. Okay. This is not, wait a minute. Let me get reoriented. The suit, what's going on right now that they're trying to get summary judgment for? Is that your petition? I mean, did you file suit or did they?
[52:24.000 --> 52:26.000]  They filed suit.
[52:26.000 --> 52:34.000]  Okay, so, and they're trying to get your counterclaim dismissed then?
[52:34.000 --> 52:43.000]  No, I'm sorry. They're trying to get a summary judgment. This is for foreclosure?
[52:43.000 --> 52:57.000]  Yes. They're trying to get the summary judgment for the foreclosure and the share of sales. So, based on the fact that we haven't provided any evidence yet.
[52:57.000 --> 53:01.000]  Evidence of what?
[53:01.000 --> 53:18.000]  Well, that the fact that they're in our pleadings, we made it evident that they were not the lender and that title did not hold them as the lender because there are several assignments not recorded in the recorder of deeds office.
[53:18.000 --> 53:23.000]  So, those were our kind of pleadings.
[53:23.000 --> 53:40.000]  Oh, okay. So, you're claiming that there are barely be assignments that were not filed with the record. What hard evidence do you have to indicate that there actually were other assignments?
[53:40.000 --> 53:57.000]  Well, we were hoping to get the documents from our homeowners insurance which prove who the mortgagee was making the claim on the property at the time of each assignment.
[53:57.000 --> 54:06.000]  Well, since the bank is saying that these interim assignments never occurred, is that correct?
[54:06.000 --> 54:09.000]  Correct.
[54:09.000 --> 54:21.000]  And they're saying it jumped from the front to the back. Did you have any interim servicers or was it always the same servicer?
[54:21.000 --> 54:39.000]  Always the same servicer. And the interesting part about that is that Fannie Mae makes notation in the Fannie Mae lookup that they sold our loan to investors in February of 2005.
[54:39.000 --> 55:00.000]  So, we have the notation from the Fannie Mae lookup. When you go on their site, there are two dates they have. One is that they sold it to investors in 2005 and that they took interest in the loan in 2009.
[55:00.000 --> 55:13.000]  So, my assumption is they securitized it in 2005 and the reason we had the same servicer through all those mortgage changes was because the servicer was the servicer for us.
[55:13.000 --> 55:26.000]  Okay, hold on. This servicing is probably not like you think it is. Whoever the servicer is actually owns the servicing rights.
[55:26.000 --> 55:28.000]  Okay.
[55:28.000 --> 55:36.000]  They buy them or they sell the note and they don't sell the servicing rights. They actually own the servicing rights.
[55:36.000 --> 55:51.000]  But that's essentially all they own. So, you got Wells Fargo here owning the servicing rights and then you back behind them, the actual holder could be selling the note back and forth all over the place without changing the servicer
[55:51.000 --> 55:58.000]  because the only way they change the servicer is if they sell the servicing rights to someone else.
[55:58.000 --> 56:00.000]  Right, right.
[56:00.000 --> 56:11.000]  So, the fact that Wells Fargo is sitting there as a servicer the whole time is not necessarily an indication that the note did not, the beneficial interest did not change hands.
[56:11.000 --> 56:20.000]  It was Wachovia Mortgage was the servicer all the way until Fargo took it.
[56:20.000 --> 56:36.000]  Okay, then the argument here, there should be an argument that there's nothing in the record granting Wells Fargo any power to effect title.
[56:36.000 --> 56:40.000]  Who were they? Where did they come from?
[56:40.000 --> 56:53.000]  Oh, well, we merged with Wachovia. Well, then we should have had Wachovia do an assignment to you because Wells Fargo is not Wachovia.
[56:53.000 --> 57:03.000]  And I've got some case law somewhere on that. It's a magistrate judge out of Austin named Austin.
[57:03.000 --> 57:11.000]  And there was Wells Fargo E&A, Wells Fargo Mortgage something rather.
[57:11.000 --> 57:20.000]  And they were, the second company was a wholly owned subsidiary of the first and the court said it makes no difference.
[57:20.000 --> 57:26.000]  They're two different companies. So, there had to be a fire.
[57:26.000 --> 57:34.000]  And here in Pennsylvania, it's statutory.
[57:34.000 --> 57:39.000]  So, they didn't make the filing and that's criminal.
[57:39.000 --> 57:52.000]  And that being criminal renders them incompetent to invoke subject matter jurisdiction in the court because you can't use the court to further the intent of a criminal action.
[57:52.000 --> 57:57.000]  That really sounds like it should get a RICO suit.
[57:57.000 --> 58:02.000]  But get me an email. I will get it to Leslie and I'll get you two together.
[58:02.000 --> 58:13.000]  She will have a lot of good information and it'll all be Pennsylvania information, which some of the things she could bring to the table.
[58:13.000 --> 58:16.000]  I think you will be surprised.
[58:16.000 --> 58:27.000]  Okay, we're going to break. This is Randy Kelton, Rue of La Radio, our call in number 512-646-1984.
[58:27.000 --> 58:31.000]  We're going to the top of the hour break, so a little extra time.
[58:31.000 --> 58:45.000]  It would help out the station if you would go look at some of the products and services our sponsors have and help us to fund this network.
[58:45.000 --> 58:50.000]  We'll be right back.
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[01:00:00.000 --> 01:00:21.000]  The following news flash is brought to you by the Lone Star Lowdown, providing the daily bulletins for the commodities market. Today in history, news updates, and the inside scoop into the tides of the alternative.
[01:00:21.000 --> 01:00:41.000]  Markets for the 18th of June, 2015, opened up with gold at $1,201.54 an ounce, silver, $16.18 an ounce, Texas crude, $59.92 a barrel, and Bitcoin is currently sitting at about 250 U.S. currency.
[01:00:41.000 --> 01:00:49.000]  Today in history, Thursday, June 18, 1959, then Governor of Louisiana, Earl K. Long, is committed to a state mental hospital.
[01:00:49.000 --> 01:01:05.000]  He responds by having the hospital's director, Jesse Bankson, fired and replaces him with the crony supporter, Bill Dodd, who proclaims Long perfectly sane and has him released.
[01:01:05.000 --> 01:01:19.000]  And the Vatican has released Pope Francis' encyclical on climate change and had the following to say, quote, a very solid scientific consensus indicates that we are presently witnessing a disturbing warming of the climatic system.
[01:01:19.000 --> 01:01:28.000]  A number of scientific studies indicates that most global warming in recent decades is due to the great concentration of greenhouse gases released mainly as a result of human activity.
[01:01:28.000 --> 01:01:36.000]  But the planet has already exceeded the acceptable limits and we still have not solved the problem of poverty. We need to strengthen the conviction that we are one single human family.
[01:01:36.000 --> 01:01:44.000]  We are not faced with two separate crises, one environmental and the other social, but rather one complex crisis, which is both social and environmental.
[01:01:44.000 --> 01:01:54.000]  The idea of infinite or unlimited growth, which proves so attractive to economists, financiers, and experts in technology, is based on the line that there is an infinite supply of the Earth's goods.
[01:01:54.000 --> 01:02:03.000]  And this leads to the planet being squeezed, dried at every limit. Nobody is suggesting we return to the Stone Age, but we do need to slow down and look at reality in a different way.
[01:02:03.000 --> 01:02:13.000]  We need to reject a magical conception of the market, which would suggest that the problems can be solved simply by an increase in the profits of companies or individuals.
[01:02:13.000 --> 01:02:29.000]  The UN climate chief, Cristina Figueres, said that this clarion call should guide the world towards a strong and durable universal climate agreement in Paris at the end of this year. Coupled with the economic imperative, the moral imperative leaves no doubt that we must act on climate change now.
[01:02:29.000 --> 01:02:37.000]  Jim Yong Kim, the World Bank president, said that today's release should serve as a stark reminder on the intrinsic link between climate change and poverty.
[01:02:37.000 --> 01:02:46.000]  We must now seize the narrow window of opportunity and embark on ambitious actions and policies to help protect people and the environment.
[01:02:46.000 --> 01:03:11.000]  He loves our Lowdown is currently looking for sponsors. So if you have a product or a service that you'd like to advertise in the Lowdown, feel free to give us a call at 210-863-5617. This has been your Lowdown for June 18, 2015.
[01:03:16.000 --> 01:03:38.000]  Okay, we are back. Randy Kelton, Rue of our radio, and we're talking to Chris in Pennsylvania. Chris, do you have anything else for us?
[01:03:38.000 --> 01:03:51.000]  You know, that was it. I was merely hoping you could adjust me in the right way there with this summary judgment and see if there was anything I could possibly throw in with this.
[01:03:51.000 --> 01:04:00.000]  I know exactly the right direction to send you in. I need to send you straight to Leslie.
[01:04:00.000 --> 01:04:03.000]  Yeah, exactly.
[01:04:03.000 --> 01:04:13.000]  And that sounds like she's really good in practice and are absolutely impeccable.
[01:04:13.000 --> 01:04:32.000]  I tell people to write documents that the judge won't be able to tell that a lawyer didn't write them, but the judge can tell that a lawyer didn't write to Leslie's because they don't do documents that well.
[01:04:32.000 --> 01:04:36.000]  She really does nice work.
[01:04:36.000 --> 01:04:43.000]  Okay, thank you, Chris. Keep us up to date. It's been a while, Sue.
[01:04:43.000 --> 01:04:51.000]  Yeah, it's tough finding good counsel and somebody that will actually take this on when you tell them what's going on.
[01:04:51.000 --> 01:04:57.000]  Well, good. If your counsel wants to, we'll put her on the air and interview her on the air and make her famous.
[01:04:57.000 --> 01:05:00.000]  Yeah, there you go.
[01:05:00.000 --> 01:05:09.000]  I'd like to talk to lawyers who are doing this because their voice is more authoritative.
[01:05:09.000 --> 01:05:10.000]  Yeah.
[01:05:10.000 --> 01:05:14.000]  But make the offer. Tell her that I made the offer.
[01:05:14.000 --> 01:05:17.000]  I will, definitely.
[01:05:17.000 --> 01:05:26.000]  Okay. Thank you, Chris. Okay, now we're going to Mark in Texas. Hello, Mark.
[01:05:26.000 --> 01:05:34.000]  Hey, Randy. Good evening.
[01:05:34.000 --> 01:05:39.000]  Wait a minute. Are you on a hands-free?
[01:05:39.000 --> 01:05:41.000]  Can you hear me?
[01:05:41.000 --> 01:05:43.000]  Oh, muy better.
[01:05:43.000 --> 01:05:51.000]  Yeah, yeah, man. My speaker I've never had problems with before, but I think it's going out, so it's time to get a new phone.
[01:05:51.000 --> 01:05:58.000]  I appreciate very much your help and prep for my hearing a couple of weeks back.
[01:05:58.000 --> 01:06:07.000]  I went. I argued my motion quite well, and the people who were there just loved it.
[01:06:07.000 --> 01:06:15.000]  I actually got a handshake from the opposing party's evil attorney, which was kind of interesting.
[01:06:15.000 --> 01:06:27.000]  Ooh, that's a coup. You know you've done well when the other attorney approves of you.
[01:06:27.000 --> 01:06:31.000]  Well, it gets interesting.
[01:06:31.000 --> 01:06:39.000]  In the course that I was dealing with, they had made a motion for summary judgment early on in my case,
[01:06:39.000 --> 01:06:45.000]  before I even had a clue and knew that I could fight this and knew it was a good reason to fight it.
[01:06:45.000 --> 01:06:54.000]  And it was something where they had made a motion for summary judgment based on the deemed admissions,
[01:06:54.000 --> 01:06:58.000]  because I hadn't responded to their request for admissions in time.
[01:06:58.000 --> 01:07:07.000]  Later on I did, and then I amended my response for admissions when I ran across an attorney friend who said,
[01:07:07.000 --> 01:07:09.000]  your case was filed past the statute of limitations.
[01:07:09.000 --> 01:07:18.000]  He'd be quite proud of me in that I put in my plea to the jurisdiction as you had suggested to me prior to the hearing.
[01:07:18.000 --> 01:07:24.000]  The judge didn't really seem to even know what to do with that, which was kind of an interesting thing.
[01:07:24.000 --> 01:07:29.000]  He kind of had a blank look on his face, and he set it aside.
[01:07:29.000 --> 01:07:35.000]  I ended up filing it before I got out of the courthouse, and as you had mentioned, he asked to rule on that,
[01:07:35.000 --> 01:07:38.000]  or he's guilty of something criminal.
[01:07:38.000 --> 01:07:49.000]  Well, he said he would let me know within two days, and he actually ended up emailing me probably more like 10 days later.
[01:07:49.000 --> 01:07:59.000]  And he pretty much did what was easy, and he gave them, he gave the plaintiffs summary judgment.
[01:07:59.000 --> 01:08:02.000]  Didn't say why, didn't say anything at all in this email.
[01:08:02.000 --> 01:08:10.000]  And here I sit, kind of dumbfounded, but as I've heard wise men say, you many times, and Steve Skidmore and others,
[01:08:10.000 --> 01:08:14.000]  were just simply preparing the record for appeal.
[01:08:14.000 --> 01:08:22.000]  So what I had been wondering, this is the question I'm coming to, being that I'm getting a little flim flam from the court here,
[01:08:22.000 --> 01:08:32.000]  and I know it, I have a situation where I'm wondering what my most reasonable path to some kind of victory
[01:08:32.000 --> 01:08:36.000]  and peace of mind may be, not when but now, not in any way.
[01:08:36.000 --> 01:08:46.000]  But I'm thinking maybe it makes sense for me to look at filing Chapter 7, and I was just hearing you quote bankruptcy code.
[01:08:46.000 --> 01:08:49.000]  I went and looked it up, and I thought, yeah, this is nice,
[01:08:49.000 --> 01:08:54.000]  because I'd always thought if I ended up having a foreclosure judgment against me,
[01:08:54.000 --> 01:09:01.000]  I've lost right then and there, and I don't have a title to the property, or it's not in my name,
[01:09:01.000 --> 01:09:05.000]  so I lose my ability to file for quiet title.
[01:09:05.000 --> 01:09:16.000]  So my question is, if I were to file, A, really, should I even consider filing bankruptcy at this point
[01:09:16.000 --> 01:09:23.000]  to stop everything, and then at that point, they're not able to have a sale of the property, I guess,
[01:09:23.000 --> 01:09:27.000]  and find a deficiency, and then maybe come after me for that.
[01:09:27.000 --> 01:09:31.000]  And during that time, I could file some kind of quiet title.
[01:09:31.000 --> 01:09:32.000]  That's what I wanted to know.
[01:09:32.000 --> 01:09:33.000]  Okay.
[01:09:33.000 --> 01:09:42.000]  Yeah, before I would say something to that issue, I need to know more about your position.
[01:09:42.000 --> 01:09:43.000]  Okay.
[01:09:43.000 --> 01:09:47.000]  Do you have credit card debt?
[01:09:47.000 --> 01:09:53.000]  Very little, but I have probably $5,000 worth of credit card debt.
[01:09:53.000 --> 01:09:55.000]  That's really all I have, and then I have, you know,
[01:09:55.000 --> 01:10:02.000]  a judgment here that's probably for about $250,000 like that.
[01:10:02.000 --> 01:10:06.000]  $250,000, that would be the mortgage?
[01:10:06.000 --> 01:10:09.000]  Probably, you know, the sum total.
[01:10:09.000 --> 01:10:12.000]  There's all kinds of interesting things involved here.
[01:10:12.000 --> 01:10:15.000]  There was a very poor affidavit of debt.
[01:10:15.000 --> 01:10:16.000]  I objected to it.
[01:10:16.000 --> 01:10:25.000]  The opposing counsel actually said, and this goes up approximately $30 per day.
[01:10:25.000 --> 01:10:30.000]  I didn't at the time object, though I know they are not allowed to testify,
[01:10:30.000 --> 01:10:34.000]  and I regret maybe not doing that, maybe a few other things.
[01:10:34.000 --> 01:10:39.000]  I told the judge I had a fraudulent assignment in this case,
[01:10:39.000 --> 01:10:44.000]  and I begged the court to allow me additional time to do further discovery
[01:10:44.000 --> 01:10:49.000]  because there's no way that the court could find in the plaintiff's favor
[01:10:49.000 --> 01:10:52.000]  in light of the fact that there are, you know,
[01:10:52.000 --> 01:10:56.000]  issues of material facts still left before the court here.
[01:10:56.000 --> 01:10:57.000]  And there we were.
[01:10:57.000 --> 01:10:58.000]  Okay.
[01:10:58.000 --> 01:11:04.000]  Do you have good evidence that the assignment is fraudulent?
[01:11:04.000 --> 01:11:07.000]  Good evidence.
[01:11:07.000 --> 01:11:09.000]  It's all subjective.
[01:11:09.000 --> 01:11:15.000]  I don't have a full, I don't even know what the document's called.
[01:11:15.000 --> 01:11:17.000]  I don't have what Joe Esquivel does.
[01:11:17.000 --> 01:11:18.000]  I've heard you guys mention him.
[01:11:18.000 --> 01:11:20.000]  He's been on your show a few times.
[01:11:20.000 --> 01:11:21.000]  I don't have that.
[01:11:21.000 --> 01:11:23.000]  I might get that.
[01:11:23.000 --> 01:11:27.000]  No, we're not there yet.
[01:11:27.000 --> 01:11:31.000]  What has been filed in the public record?
[01:11:31.000 --> 01:11:32.000]  What's of interest?
[01:11:32.000 --> 01:11:37.000]  It's in Arkansas, nonjudicial state, nonrecording state,
[01:11:37.000 --> 01:11:41.000]  and they went ahead and they're filing a judicial foreclosure
[01:11:41.000 --> 01:11:43.000]  for some crazy reason,
[01:11:43.000 --> 01:11:46.000]  and they filed a corporate assignment of the note.
[01:11:46.000 --> 01:11:49.000]  In my corporate assignment of the note,
[01:11:49.000 --> 01:11:55.000]  what I actually have is I've got Fremont Financial, the original lender, in 2005.
[01:11:55.000 --> 01:11:59.000]  I believe, although I can't find anything that's definitive on this,
[01:11:59.000 --> 01:12:03.000]  I believe they filed Chapter 11 in 2008.
[01:12:03.000 --> 01:12:05.000]  They are thus, as you have said, a dead man.
[01:12:05.000 --> 01:12:09.000]  You know, they can't assign this in 2013.
[01:12:09.000 --> 01:12:11.000]  It says on the corporate assignment,
[01:12:11.000 --> 01:12:17.000]  prepared by SPS servicing, common player in robo-signing issues,
[01:12:17.000 --> 01:12:21.000]  and then it's got Bob or Robert Cook signing it.
[01:12:21.000 --> 01:12:25.000]  And interestingly, in the state of Arkansas,
[01:12:25.000 --> 01:12:30.000]  there's a case that shows MERS doesn't have capacity to assign,
[01:12:30.000 --> 01:12:35.000]  but only to record Southwest versus MERS.
[01:12:35.000 --> 01:12:38.000]  And so in this case...
[01:12:38.000 --> 01:12:40.000]  Okay, who is the servicer?
[01:12:40.000 --> 01:12:42.000]  Have you sued the servicer?
[01:12:42.000 --> 01:12:44.000]  Haven't sued the servicer.
[01:12:44.000 --> 01:12:46.000]  I've definitely got that in mind.
[01:12:46.000 --> 01:12:50.000]  You know, FTCPA violations, if nothing more.
[01:12:50.000 --> 01:12:59.000]  Well, whoever filed this assignment, you need to sue the individual.
[01:12:59.000 --> 01:13:01.000]  Sue the individual.
[01:13:01.000 --> 01:13:04.000]  Yeah, the individual signed this document.
[01:13:04.000 --> 01:13:10.000]  That's the only part you really know, is this individual signed it.
[01:13:10.000 --> 01:13:13.000]  Now, the claims that he acted for these other companies,
[01:13:13.000 --> 01:13:15.000]  but you don't know if he did that or not.
[01:13:15.000 --> 01:13:17.000]  Well, I need to write a letter.
[01:13:17.000 --> 01:13:29.000]  Get a letter to the company asking for evidence of power of attorney,
[01:13:29.000 --> 01:13:35.000]  the company he purported to act for, and that would be MERS?
[01:13:35.000 --> 01:13:42.000]  In this case, it would be probably Fremont Financial or MERS.
[01:13:42.000 --> 01:13:45.000]  Does Fremont still exist?
[01:13:45.000 --> 01:13:46.000]  No.
[01:13:46.000 --> 01:13:47.000]  There's a case.
[01:13:47.000 --> 01:13:50.000]  There's the Bressler case in New York.
[01:13:50.000 --> 01:13:52.000]  And this is weird.
[01:13:52.000 --> 01:13:56.000]  They don't officially declare that Fremont filed Chapter 11,
[01:13:56.000 --> 01:13:57.000]  and they no longer exist.
[01:13:57.000 --> 01:14:02.000]  But assets from Fremont, which was a bank, and this and this and this,
[01:14:02.000 --> 01:14:06.000]  mortgage holder, I don't know all the hats that were,
[01:14:06.000 --> 01:14:09.000]  but apparently from what's online,
[01:14:09.000 --> 01:14:12.000]  their assets were sold off in maybe five different directions.
[01:14:12.000 --> 01:14:16.000]  And in this Bressler case, the plaintiff's attorneys brought no evidence
[01:14:16.000 --> 01:14:20.000]  that they still were in business, and I think the judge tossed it all out.
[01:14:20.000 --> 01:14:25.000]  They have some other things that are very similar.
[01:14:25.000 --> 01:14:26.000]  Here's a question.
[01:14:26.000 --> 01:14:30.000]  I found an affidavit from a lady named Lynn Simoniak,
[01:14:30.000 --> 01:14:34.000]  who was interviewed by 60 Minutes and won a big,
[01:14:34.000 --> 01:14:37.000]  they call it a whistleblower case, where I think she got many states involved,
[01:14:37.000 --> 01:14:41.000]  and she got the power players involved and ended up winning $18 million.
[01:14:41.000 --> 01:14:44.000]  And then took it and was trying to do some good with it.
[01:14:44.000 --> 01:14:45.000]  I haven't heard back from him.
[01:14:45.000 --> 01:14:46.000]  I wrote him about a week ago.
[01:14:46.000 --> 01:14:55.000]  But I found an affidavit on Scribd, and it blows this robo-signer in the jet,
[01:14:55.000 --> 01:14:59.000]  this man who signed my assignment, it blows him away.
[01:14:59.000 --> 01:15:04.000]  And she has multitudes of different assignments under many different titles.
[01:15:04.000 --> 01:15:09.000]  I don't believe that I'm able to use that in my case.
[01:15:09.000 --> 01:15:11.000]  I have to come up with something specific.
[01:15:11.000 --> 01:15:13.000]  Is that correct, or could I put that in front of the judge?
[01:15:13.000 --> 01:15:15.000]  No.
[01:15:15.000 --> 01:15:21.000]  If you have reason to believe that he filed a fraudulent assignment,
[01:15:21.000 --> 01:15:30.000]  an assignment from a dead company, then sue him personally.
[01:15:30.000 --> 01:15:32.000]  Okay.
[01:15:32.000 --> 01:15:42.000]  So when he can't be found, then use that as a claim for quiet title
[01:15:42.000 --> 01:15:47.000]  to the document that they're relying on that he filed.
[01:15:47.000 --> 01:15:51.000]  Well, that may take a heck of a long time.
[01:15:51.000 --> 01:15:53.000]  But it's interesting.
[01:15:53.000 --> 01:15:56.000]  They're a Utah-based company.
[01:15:56.000 --> 01:16:00.000]  So I'm just wondering, do I need to find a Utah attorney to sue the guy,
[01:16:00.000 --> 01:16:02.000]  or do I need to...
[01:16:02.000 --> 01:16:03.000]  No.
[01:16:03.000 --> 01:16:08.000]  Did he file the assignment in Utah?
[01:16:08.000 --> 01:16:09.000]  No, you're right.
[01:16:09.000 --> 01:16:12.000]  He filed it in the state of Arkansas.
[01:16:12.000 --> 01:16:18.000]  So he gets to come to Arkansas.
[01:16:18.000 --> 01:16:22.000]  That would be very interesting.
[01:16:22.000 --> 01:16:26.000]  I think that sounds incredibly interesting.
[01:16:26.000 --> 01:16:34.000]  So now I'm enjoying what you're saying, and I'm confused.
[01:16:34.000 --> 01:16:40.000]  You sue him for quiet title, and you name him,
[01:16:40.000 --> 01:16:47.000]  because if there's no evidence that Fremont transferred the property
[01:16:47.000 --> 01:16:51.000]  to somebody else, hang on, about to go to break.
[01:16:51.000 --> 01:17:00.000]  We'll be right back.
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[01:19:25.000 --> 01:19:32.000]  Okay, we are back.
[01:19:32.000 --> 01:19:37.000]  Randy Kelton, Rue Blah Radio, and we're talking to Mark in Texas.
[01:19:37.000 --> 01:19:39.000]  Okay, go ahead, Mark.
[01:19:39.000 --> 01:19:40.000]  Okay.
[01:19:40.000 --> 01:19:42.000]  Can you hear me okay?
[01:19:42.000 --> 01:19:44.000]  Yeah, we can hear you.
[01:19:44.000 --> 01:19:45.000]  All right.
[01:19:45.000 --> 01:19:49.000]  So, question here in my break, sir.
[01:19:49.000 --> 01:19:52.000]  A, my first priority is picking myself up.
[01:19:52.000 --> 01:19:53.000]  Wait a minute, wait a minute.
[01:19:53.000 --> 01:19:57.000]  Now I'm not hearing you so well.
[01:19:57.000 --> 01:19:58.000]  How about now?
[01:19:58.000 --> 01:20:01.000]  Okay, much better, much better.
[01:20:01.000 --> 01:20:02.000]  I just.
[01:20:02.000 --> 01:20:05.000]  I could hear you before, just not well.
[01:20:05.000 --> 01:20:07.000]  Yeah, okay, now we're good.
[01:20:07.000 --> 01:20:16.000]  So, I'm kind of a hayseed on this, but my understanding is in order to file a quiet title lawsuit,
[01:20:16.000 --> 01:20:20.000]  I have to have possession of the property.
[01:20:20.000 --> 01:20:27.000]  And if the judge signs an order on Monday, then, which I suspect he will,
[01:20:27.000 --> 01:20:29.000]  if the judge signs an order on Monday,
[01:20:29.000 --> 01:20:35.000]  then I've got the ability possibly within 60 days to make a motion to reopen.
[01:20:35.000 --> 01:20:38.000]  I've got the appeals process, but if.
[01:20:38.000 --> 01:20:42.000]  Hold on, what would his order, what would his order be?
[01:20:42.000 --> 01:20:51.000]  His order will be one, granting the plaintiff summary judgment such that they, you know, win in this case.
[01:20:51.000 --> 01:20:55.000]  And it's closed.
[01:20:55.000 --> 01:20:58.000]  In other words, they have the capacity to foreclose.
[01:20:58.000 --> 01:21:02.000]  Okay, that doesn't lose you possession yet.
[01:21:02.000 --> 01:21:04.000]  They have the capacity to foreclose.
[01:21:04.000 --> 01:21:06.000]  They haven't yet.
[01:21:06.000 --> 01:21:07.000]  Yeah, so at that point.
[01:21:07.000 --> 01:21:09.000]  You still have possession.
[01:21:09.000 --> 01:21:21.000]  You file a quiet title action to quiet title as to a document on which the party relies for capacity,
[01:21:21.000 --> 01:21:30.000]  then ask for restraining order until the quiet title action can be heard.
[01:21:30.000 --> 01:21:33.000]  Okay, so that could take a while.
[01:21:33.000 --> 01:21:34.000]  That could.
[01:21:34.000 --> 01:21:35.000]  You know.
[01:21:35.000 --> 01:21:43.000]  And interesting, you're giving me hope that I didn't even think I had as I think about it.
[01:21:43.000 --> 01:21:50.000]  Oh, let me tell you, it would be just absolute injustice if it came down to it,
[01:21:50.000 --> 01:21:55.000]  the judge banged his gavel, didn't want to reopen my case,
[01:21:55.000 --> 01:22:00.000]  and I'll make a hell of a lot better argument than they ever did when they made their motion to reopen.
[01:22:00.000 --> 01:22:03.000]  It's very surprising.
[01:22:03.000 --> 01:22:08.000]  So hold on, it sounds like you're missing an important point.
[01:22:08.000 --> 01:22:10.000]  Okay, I'm listening.
[01:22:10.000 --> 01:22:19.000]  Your only purpose in the trial court, set the record for appeal.
[01:22:19.000 --> 01:22:24.000]  Frederick Graves will tell you never expect to win in the trial court.
[01:22:24.000 --> 01:22:27.000]  You're only there to set the record for appeal.
[01:22:27.000 --> 01:22:33.000]  When the judge does stupid stuff and renders really garbage rulings, that's not a problem.
[01:22:33.000 --> 01:22:35.000]  That's a good thing.
[01:22:35.000 --> 01:22:46.000]  If the judge renders really well-considered rulings against you, that's a problem.
[01:22:46.000 --> 01:22:53.000]  So if you have the judge doing his job really well, that's going to be harder to get it overturned.
[01:22:53.000 --> 01:22:59.000]  But if he's acting like a stinker, that's in your benefit.
[01:22:59.000 --> 01:23:08.000]  It's hard for us pro-says to accept that the trial court don't matter.
[01:23:08.000 --> 01:23:18.000]  Other than setting the record, he rendered a default judgment with no explanation.
[01:23:18.000 --> 01:23:21.000]  That's absolutely true.
[01:23:21.000 --> 01:23:28.000]  Okay, now you want findings of fact and conclusions at law.
[01:23:28.000 --> 01:23:30.000]  Oh, now listen to this.
[01:23:30.000 --> 01:23:39.000]  It actually says in the email, which he copies the plaintiff's attorney, he asked them to put that together.
[01:23:39.000 --> 01:23:41.000]  That seems strange to me.
[01:23:41.000 --> 01:23:43.000]  Here's a judge making a ruling and he's asking them to do that.
[01:23:43.000 --> 01:23:45.000]  Is that commonly done?
[01:23:45.000 --> 01:23:47.000]  Yes, that's commonly done.
[01:23:47.000 --> 01:23:54.000]  So when you ask him for findings of fact and conclusions at law, you make up your own and say,
[01:23:54.000 --> 01:24:02.000]  these are the facts, this is the law you should apply to the facts, this is the conclusion you should come to.
[01:24:02.000 --> 01:24:09.000]  You ask him to accept these findings of fact or provide his own.
[01:24:09.000 --> 01:24:11.000]  You give that to it.
[01:24:11.000 --> 01:24:20.000]  You can't appeal until you have findings of fact and conclusions because that's the record you need to appeal on.
[01:24:20.000 --> 01:24:32.000]  But if you have a document that's really shaky, like you've got a known robo-signer, then go for quiet title
[01:24:32.000 --> 01:24:41.000]  and then ask that the decision in this case be stayed until adjudication of your quiet title issue.
[01:24:41.000 --> 01:24:42.000]  Yeah, okay.
[01:24:42.000 --> 01:24:49.000]  So I'm going to ask for a temporary restraining order, literally, until there's adjudication of my claim.
[01:24:49.000 --> 01:24:51.000]  No, you don't need a restraining order.
[01:24:51.000 --> 01:24:59.000]  You only need a restraining order if they're going to come and throw you out tomorrow.
[01:24:59.000 --> 01:25:02.000]  Don't need that.
[01:25:02.000 --> 01:25:09.000]  This is an action to get for close.
[01:25:09.000 --> 01:25:14.000]  So you ask for a restraining order.
[01:25:14.000 --> 01:25:21.000]  If somebody's going to do something within 15 days, you don't have time to give the other party ample notice
[01:25:21.000 --> 01:25:26.000]  so that they can prepare and come to a so-cause hearing.
[01:25:26.000 --> 01:25:35.000]  So the judge can grant a temporary restraining order for that purpose, to restrain the other party
[01:25:35.000 --> 01:25:44.000]  so we can get the 15 days notice needed and both parties appear at a prove-up hearing.
[01:25:44.000 --> 01:25:51.000]  If they're not doing anything within 15 days, then there's no reason for an emergency order.
[01:25:51.000 --> 01:25:53.000]  You just ask for a restraining order.
[01:25:53.000 --> 01:25:58.000]  And then they set a hearing, both parties come to the hearing, and the judge makes a determination.
[01:25:58.000 --> 01:26:11.000]  So you do a quiet title action and show that the plaintiff relies on this document for his standing.
[01:26:11.000 --> 01:26:18.000]  A positive ruling, in my case, would render these proceedings moot or render them moot
[01:26:18.000 --> 01:26:23.000]  for lack of jurisdiction to invoke substantive jurisdiction of the court.
[01:26:23.000 --> 01:26:29.000]  So you ask the court to stay this action until the other one can be properly adjudicated.
[01:26:29.000 --> 01:26:31.000]  The judicial economy.
[01:26:31.000 --> 01:26:34.000]  Smart. Yeah, smartest thing I can do.
[01:26:34.000 --> 01:26:37.000]  So, man, nice.
[01:26:37.000 --> 01:26:41.000]  And then the next step, just a quick question.
[01:26:41.000 --> 01:26:46.000]  I've got an attorney that knows something about this I finally found.
[01:26:46.000 --> 01:26:49.000]  There are only three in the state, according to people that I've talked to.
[01:26:49.000 --> 01:26:53.000]  The state has nobody that knows anything about this stuff.
[01:26:53.000 --> 01:26:56.000]  And I've got a guy that I'm talking to on Tuesday.
[01:26:56.000 --> 01:27:00.000]  It's going to be a little bit late because on Monday at noon,
[01:27:00.000 --> 01:27:07.000]  I'm supposed to make any objections to the findings of fact and law or any objections to the order,
[01:27:07.000 --> 01:27:10.000]  according to what they say.
[01:27:10.000 --> 01:27:13.000]  Oh, Monday. Okay.
[01:27:13.000 --> 01:27:16.000]  Put in a crap one.
[01:27:16.000 --> 01:27:17.000]  Yeah.
[01:27:17.000 --> 01:27:20.000]  Just get something in, get anything in, and then amend it.
[01:27:20.000 --> 01:27:25.000]  Once you speak with counsel, especially if you hire counsel, then you have counsel amend it.
[01:27:25.000 --> 01:27:29.000]  But if you don't hire counsel, then amend it.
[01:27:29.000 --> 01:27:33.000]  Okay. Now, that just makes me feel better.
[01:27:33.000 --> 01:27:40.000]  I have some hope that I may possibly be able to hire someone.
[01:27:40.000 --> 01:27:47.000]  And if I can't, I'm flying way more blind than I ever need to be right now.
[01:27:47.000 --> 01:27:54.000]  And as far as it all goes from there, perhaps I might have a situation here,
[01:27:54.000 --> 01:27:57.000]  and I just want to bounce this off of you and ask for your opinion.
[01:27:57.000 --> 01:28:01.000]  I may be able to file Chapter 7 or may actually have to file Chapter 13.
[01:28:01.000 --> 01:28:04.000]  I think I make too much to file Chapter 7.
[01:28:04.000 --> 01:28:09.000]  And if I do that, that's a three-, four-year, maybe five-year process.
[01:28:09.000 --> 01:28:11.000]  And if I end up having to pay these people money,
[01:28:11.000 --> 01:28:14.000]  if they do anything relative to default judgment,
[01:28:14.000 --> 01:28:19.000]  that would be absolutely immoral and wrong, a deficiency.
[01:28:19.000 --> 01:28:25.000]  But if I end up doing that, I'm wondering if I might still have capacity
[01:28:25.000 --> 01:28:31.000]  to bring a fraud lawsuit relative to this fraudulent assignment,
[01:28:31.000 --> 01:28:34.000]  if I get all that together later.
[01:28:34.000 --> 01:28:39.000]  What do you think makes the most sense is really all I want to ask you.
[01:28:39.000 --> 01:28:43.000]  Let me ask a question.
[01:28:43.000 --> 01:28:51.000]  What for you would be an equitable outcome?
[01:28:51.000 --> 01:28:56.000]  You asked me this before, and I'll tell you.
[01:28:56.000 --> 01:28:59.000]  Honestly, my first priority is to protect myself and my family.
[01:28:59.000 --> 01:29:06.000]  I don't want to pay people whom I don't owe a grits to a single smidgen.
[01:29:06.000 --> 01:29:08.000]  I know that I don't owe these people anything.
[01:29:08.000 --> 01:29:11.000]  They filed a suit past statute of limitations.
[01:29:11.000 --> 01:29:14.000]  They never had any intent of working in any way, you know,
[01:29:14.000 --> 01:29:19.000]  to do what was best for their stockholders or certainly for me.
[01:29:19.000 --> 01:29:22.000]  And we all know that's how the system tends to work.
[01:29:22.000 --> 01:29:27.000]  But it would be fine if I simply, A, walk away.
[01:29:27.000 --> 01:29:30.000]  It would be better if I walk away,
[01:29:30.000 --> 01:29:35.000]  and if these people don't take a home that's not theirs to take.
[01:29:35.000 --> 01:29:39.000]  And it would be even better and just if it hurts them a little bit.
[01:29:39.000 --> 01:29:43.000]  That's my answer.
[01:29:43.000 --> 01:29:47.000]  Okay, let's talk about that when we come back.
[01:29:47.000 --> 01:29:50.000]  Alternatives to fighting all the time.
[01:29:50.000 --> 01:29:52.000]  There may be another way to do this.
[01:29:52.000 --> 01:30:01.000]  We'll be right back.
[01:30:01.000 --> 01:30:02.000]  Creepy.
[01:30:02.000 --> 01:30:07.000]  To attract car buyers, Toyota sent out prank emails claiming to be a cyber stalker.
[01:30:07.000 --> 01:30:12.000]  What it got instead was a lawsuit from an understandably terrified woman.
[01:30:12.000 --> 01:30:15.000]  I'm Dr. Catherine Albrecht, and I'll have details in a moment.
[01:30:15.000 --> 01:30:17.000]  Privacy is under attack.
[01:30:17.000 --> 01:30:20.000]  When you give up data about yourself, you'll never get it back again.
[01:30:20.000 --> 01:30:25.000]  And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[01:30:25.000 --> 01:30:30.000]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:30:30.000 --> 01:30:33.000]  Privacy, it's worth hanging on to.
[01:30:33.000 --> 01:30:36.000]  This public service announcement is brought to you by StartPage.com,
[01:30:36.000 --> 01:30:40.000]  the private search engine alternative to Google, Yahoo, and Bing.
[01:30:40.000 --> 01:30:44.000]  Start over with StartPage.
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[01:30:49.000 --> 01:30:51.000]  be sure to read the fine print first.
[01:30:51.000 --> 01:30:59.000]  One woman didn't, and an advertising firm tricked her into agreeing to be the victim of a fake stalking campaign by Toyota.
[01:30:59.000 --> 01:31:03.000]  Amber Dewitt got an email from a friend for a free personality test.
[01:31:03.000 --> 01:31:06.000]  She clicked on the website and agreed to its legal terms.
[01:31:06.000 --> 01:31:11.000]  Then she started getting creepy emails from an alcoholic Brit with a pit bull.
[01:31:11.000 --> 01:31:14.000]  He claimed he knew her home address and was coming to visit.
[01:31:14.000 --> 01:31:19.000]  It was just a joke, but it terrified Dewitt, who's now suing Toyota for millions.
[01:31:19.000 --> 01:31:22.000]  Moral of the story? Be careful what you click on.
[01:31:22.000 --> 01:31:30.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31:30.000 --> 01:31:36.000]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:36.000 --> 01:31:38.000]  The government says that fire brought it down.
[01:31:38.000 --> 01:31:43.000]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[01:31:43.000 --> 01:31:46.000]  Over 6,000 of my fellow service members have given their lives.
[01:31:46.000 --> 01:31:48.000]  Thousands of my fellow first responders have died.
[01:31:48.000 --> 01:31:50.000]  I'm not a conspiracy theorist.
[01:31:50.000 --> 01:31:51.000]  I'm a structural engineer.
[01:31:51.000 --> 01:31:52.000]  I'm a New York City correction officer.
[01:31:52.000 --> 01:31:53.000]  I'm an Air Force pilot.
[01:31:53.000 --> 01:31:55.000]  I'm a father who lost his son.
[01:31:55.000 --> 01:31:57.000]  We're Americans, and we deserve the truth.
[01:31:57.000 --> 01:32:00.000]  Go to RememberBuilding7.org today.
[01:32:00.000 --> 01:32:03.000]  Hey, it's Danny here for Hill Country Home Improvements.
[01:32:03.000 --> 01:32:06.000]  Did your home receive hail or wind damage from the recent storms?
[01:32:06.000 --> 01:32:11.000]  Come on, we all know the government caused it with their chemtrails, but good luck getting them to pay for it.
[01:32:11.000 --> 01:32:14.000]  Okay, I might be kidding about the chemtrails, but I'm serious about your roof.
[01:32:14.000 --> 01:32:21.000]  That's why you have insurance, and Hill Country Home Improvements can handle the claim for you with little to no out-of-pocket expense.
[01:32:21.000 --> 01:32:22.000]  And we accept Bitcoin.
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[01:32:26.000 --> 01:32:32.000]  you can trust Hill Country Home Improvements to handle your claim and your roof right the first time.
[01:32:32.000 --> 01:32:38.000]  Just call 512-992-8745 or go to hillcountryhomeimprovements.com.
[01:32:38.000 --> 01:32:45.000]  Mention the crypto show and get $100 off, and we'll donate another $100 to the Logos Radio Network to help continue this programming.
[01:32:45.000 --> 01:32:50.000]  So if those out-of-town roofers come knocking, your door should be locking.
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[01:32:58.000 --> 01:33:01.000]  May not actually be kidding about chemtrails.
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[01:33:31.000 --> 01:33:46.000]  OK.
[01:33:46.000 --> 01:33:47.000]  We are back.
[01:33:47.000 --> 01:33:56.000]  We're in Kelton, Rudolph's Law Radio, and we're talking to Mark in Texas about Let's Make a Deal.
[01:33:56.000 --> 01:34:06.000]  You know, I started this show seven, eight years ago, and it's all about legal reform fighting the system.
[01:34:06.000 --> 01:34:15.000]  When the mortgage crisis came around, I started researching that, and I helped people fight this system,
[01:34:15.000 --> 01:34:21.000]  and we helped people file on the order of 700 federal lawsuits.
[01:34:21.000 --> 01:34:28.000]  But most of the people that I tried to help wound up just walking away.
[01:34:28.000 --> 01:34:39.000]  While we crafted a remedy, it was a terrible remedy, and it took way too long for it to finally dawn on me.
[01:34:39.000 --> 01:34:47.000]  There may be another way to win this battle without anybody losing.
[01:34:47.000 --> 01:34:50.000]  We don't have to fight all the time.
[01:34:50.000 --> 01:35:03.000]  So if you could make a deal with the bank and walk away from this thing, what would it take to be an equitable deal?
[01:35:03.000 --> 01:35:06.000]  Wow.
[01:35:06.000 --> 01:35:10.000]  You know what it would take to be an equitable deal?
[01:35:10.000 --> 01:35:14.000]  I can't hear you.
[01:35:14.000 --> 01:35:15.000]  I'm sorry, Randy.
[01:35:15.000 --> 01:35:16.000]  OK.
[01:35:16.000 --> 01:35:20.000]  In order to get at equity, here's what's of interest.
[01:35:20.000 --> 01:35:22.000]  I know I'm in complete ignorance.
[01:35:22.000 --> 01:35:33.000]  I know there are major tax penalties involved for any kind of violations, the pooling and servicing agreements for securitized loans and things of that sort,
[01:35:33.000 --> 01:35:36.000]  and there's all kinds of shady things.
[01:35:36.000 --> 01:35:41.000]  I honestly don't know what it's really worth to them, but in the end...
[01:35:41.000 --> 01:35:42.000]  OK.
[01:35:42.000 --> 01:35:44.000]  I can run a calculation for you.
[01:35:44.000 --> 01:35:47.000]  How old is the note?
[01:35:47.000 --> 01:35:52.000]  This was in December 2005.
[01:35:52.000 --> 01:35:54.000]  That's when it was taken.
[01:35:54.000 --> 01:35:58.000]  Original principle?
[01:35:58.000 --> 01:36:03.000]  In this case, I think the original principle is about $95,000.
[01:36:03.000 --> 01:36:11.000]  There was a good bit of equity left in it, but it was only about $95,000.
[01:36:11.000 --> 01:36:14.000]  OK.
[01:36:14.000 --> 01:36:19.000]  Do you have a fair market or assessed on the property?
[01:36:19.000 --> 01:36:20.000]  Not right now.
[01:36:20.000 --> 01:36:23.000]  It's in very bad shape.
[01:36:23.000 --> 01:36:27.000]  It's in horrible shape, actually.
[01:36:27.000 --> 01:36:29.000]  Nobody's there.
[01:36:29.000 --> 01:36:30.000]  We have things there.
[01:36:30.000 --> 01:36:34.000]  We officially could say it's occupied because we have things there.
[01:36:34.000 --> 01:36:41.000]  But as far as it all goes, it was financed at 9.75%.
[01:36:41.000 --> 01:36:43.000]  I think if you look at the full value of the mortgage,
[01:36:43.000 --> 01:36:50.000]  it ends up being like $275,000 or something like that over 30 years.
[01:36:50.000 --> 01:36:52.000]  Well, what I would do is run...
[01:36:52.000 --> 01:36:56.000]  When did you stop paying on it?
[01:36:56.000 --> 01:36:59.000]  That's a good question.
[01:36:59.000 --> 01:37:07.000]  According to the plaintiff's original complaint, I stopped paying on it in 2007.
[01:37:07.000 --> 01:37:15.000]  Now, I probably made $25,000, $30,000 worth of payments to a third party after that.
[01:37:15.000 --> 01:37:20.000]  These were called workouts or workout attempts or whatever.
[01:37:20.000 --> 01:37:26.000]  And I think the latest would be somewhere in the realm of like 2010.
[01:37:26.000 --> 01:37:32.000]  None of these payments would have told the statute of limitations according to statute in the state.
[01:37:32.000 --> 01:37:34.000]  So I made that argument.
[01:37:34.000 --> 01:37:37.000]  Nobody was really interested at the time.
[01:37:37.000 --> 01:37:44.000]  But anyway, it's something where I can't necessarily say how much principal I had paid.
[01:37:44.000 --> 01:37:48.000]  I don't have anything to crunch on that right now.
[01:37:48.000 --> 01:37:51.000]  Based on these numbers, I can run a calculation.
[01:37:51.000 --> 01:37:57.000]  If it's claiming you stopped paying in 2007, man, this is taking them a long time.
[01:37:57.000 --> 01:38:02.000]  Has this property been essentially vacant at this time?
[01:38:02.000 --> 01:38:03.000]  No.
[01:38:03.000 --> 01:38:08.000]  I bought this house to save it for mother, stepfather, grandmother, sister.
[01:38:08.000 --> 01:38:11.000]  They all lived in it at the time.
[01:38:11.000 --> 01:38:13.000]  Many of them passed on.
[01:38:13.000 --> 01:38:19.000]  And at some point, they filed nonjudicial notices of foreclosure four times over this period of time
[01:38:19.000 --> 01:38:26.000]  as I'm trying to do these workouts and making, you know, $2,000 payments, not $850 payments.
[01:38:26.000 --> 01:38:29.000]  And it was all just a big sham.
[01:38:29.000 --> 01:38:35.000]  But in any event, I'm sorry, go ahead.
[01:38:35.000 --> 01:38:37.000]  Let's run a calculation.
[01:38:37.000 --> 01:38:45.000]  What do you think they might take in order to get out from under this?
[01:38:45.000 --> 01:38:49.000]  Because this is costing them a fortune.
[01:38:49.000 --> 01:38:57.000]  They have undoubtedly paid more in attorney fees than the property is worth.
[01:38:57.000 --> 01:38:59.000]  Oh, really?
[01:38:59.000 --> 01:39:06.000]  The attorney said to the judge that this is costing them approximately $10,000 in attorney's fees.
[01:39:06.000 --> 01:39:09.000]  I'd hope it's costing more than that.
[01:39:09.000 --> 01:39:11.000]  Oh, it's costing them almost certainly.
[01:39:11.000 --> 01:39:15.000]  How long has it been in litigation?
[01:39:15.000 --> 01:39:17.000]  Two years.
[01:39:17.000 --> 01:39:21.000]  That's probably costing them a whole lot more than that.
[01:39:21.000 --> 01:39:25.000]  Do you think you could sell the property?
[01:39:25.000 --> 01:39:27.000]  Personally, no, not right now.
[01:39:27.000 --> 01:39:33.000]  The biggest issue with all of that is it's a bad repair and I can't afford to fix it right now.
[01:39:33.000 --> 01:39:40.000]  Get it to a real estate agent and get somebody to make an offer on it.
[01:39:40.000 --> 01:39:45.000]  Take that offer to the bank as a settlement.
[01:39:45.000 --> 01:39:49.000]  Let's settle this thing and make it go away.
[01:39:49.000 --> 01:39:54.000]  I've got somebody who wants to buy this property and they'll fix it.
[01:39:54.000 --> 01:40:00.000]  If you get it back, it means you're not going to be able to sell it.
[01:40:00.000 --> 01:40:02.000]  It's going to cost you a lot to sell it.
[01:40:02.000 --> 01:40:04.000]  This is all about money, guys.
[01:40:04.000 --> 01:40:07.000]  I've got somebody who will buy it.
[01:40:07.000 --> 01:40:13.000]  You accept this as a settlement, not a short sale.
[01:40:13.000 --> 01:40:16.000]  You accept this amount as a settlement.
[01:40:16.000 --> 01:40:23.000]  We'll turn the property over to this guy and both of us go home.
[01:40:23.000 --> 01:40:26.000]  I'd always figured that that was impractical.
[01:40:26.000 --> 01:40:28.000]  I'm listening to you, trust me.
[01:40:28.000 --> 01:40:35.000]  I always figured that was impractical to try to find a buyer who would pay some small amount for it.
[01:40:35.000 --> 01:40:38.000]  I understand the logic of it all.
[01:40:38.000 --> 01:40:43.000]  I'd always figured there was some kind of problem with that.
[01:40:43.000 --> 01:40:48.000]  There's a lot of people out there doing that.
[01:40:48.000 --> 01:40:51.000]  Just a lot of them.
[01:40:51.000 --> 01:40:56.000]  I'm doing that to one right now even though I don't want to.
[01:40:56.000 --> 01:40:58.000]  I understand.
[01:40:58.000 --> 01:41:00.000]  Oh, God, I understand.
[01:41:00.000 --> 01:41:09.000]  I really now, of course, being in the hearing a few weeks ago and certainly hearing everybody tell me,
[01:41:09.000 --> 01:41:12.000]  you're just setting the record for appeal.
[01:41:12.000 --> 01:41:18.000]  I've heard that many, many times and I know you're not just blowing smoke at anybody when you say it.
[01:41:18.000 --> 01:41:27.000]  I won an unopposed motion for summary judgment based on the statute of limitations having run.
[01:41:27.000 --> 01:41:33.000]  Then I guess the judge didn't like that default judgment and went ahead and reopened the case.
[01:41:33.000 --> 01:41:39.000]  It seemed like that was kind of his issue here among other things.
[01:41:39.000 --> 01:41:43.000]  Partiality being something I certainly think might have been there.
[01:41:43.000 --> 01:41:46.000]  That's a possibility.
[01:41:46.000 --> 01:41:51.000]  It seems practical.
[01:41:51.000 --> 01:41:52.000]  It's in a great place.
[01:41:52.000 --> 01:41:54.000]  It's worth some money.
[01:41:54.000 --> 01:41:59.000]  I find somebody who'd be willing to pay some small amount of money for it.
[01:41:59.000 --> 01:42:02.000]  They can still say no.
[01:42:02.000 --> 01:42:13.000]  Get a real estate agent to tell you what the property would be worth if it were brought up and maxed out.
[01:42:13.000 --> 01:42:18.000]  You know what the maximum fair market value would be.
[01:42:18.000 --> 01:42:23.000]  If it was brought up and maxed out, it's worth about $160 probably.
[01:42:23.000 --> 01:42:30.000]  Okay.
[01:42:30.000 --> 01:42:33.000]  How bad a repair is it in?
[01:42:33.000 --> 01:42:35.000]  Does it have a good roof on it?
[01:42:35.000 --> 01:42:40.000]  It needs $50,000 and the roof is one of the big things.
[01:42:40.000 --> 01:42:45.000]  It needs about $50,000 in work in order to get it there to that point.
[01:42:45.000 --> 01:42:49.000]  I've already got that in mind because I was asking myself a few months back,
[01:42:49.000 --> 01:42:54.000]  what am I going to do if I win this, you know?
[01:42:54.000 --> 01:42:55.000]  Well, here's what I'm going to have to do.
[01:42:55.000 --> 01:42:58.000]  I haven't found a way.
[01:42:58.000 --> 01:43:03.000]  Anyway, it's something to think about if that makes sense.
[01:43:03.000 --> 01:43:04.000]  You've got a spread there.
[01:43:04.000 --> 01:43:08.000]  You've got 110.
[01:43:08.000 --> 01:43:18.000]  Now, how much spread is the flipper going to need in order to want to do the project?
[01:43:18.000 --> 01:43:23.000]  Let's knock, say, if he's going to spend $50,000,
[01:43:23.000 --> 01:43:29.000]  let's knock another $50,000 off of it, off of the bank.
[01:43:29.000 --> 01:43:34.000]  $60,000, you can tell a flipper you can get this for $60,000.
[01:43:34.000 --> 01:43:36.000]  Put $50,000 in it.
[01:43:36.000 --> 01:43:39.000]  It gives him another $50,000 squared.
[01:43:39.000 --> 01:43:41.000]  You've got a lot of people who pick that up.
[01:43:41.000 --> 01:43:44.000]  You've got a lot of contractors who pick that up.
[01:43:44.000 --> 01:43:47.000]  Yeah, makes sense.
[01:43:47.000 --> 01:43:48.000]  I'm getting it.
[01:43:48.000 --> 01:43:49.000]  Hang on.
[01:43:49.000 --> 01:43:50.000]  Back to go to break.
[01:43:50.000 --> 01:43:53.000]  Randy Felton, Ruvala Radio.
[01:43:53.000 --> 01:43:54.000]  Don't go away.
[01:43:54.000 --> 01:44:00.000]  We'll be right back.
[01:44:00.000 --> 01:44:04.000]  You feel tired when talking about important topics like money and politics?
[01:44:04.000 --> 01:44:05.000]  Sorry.
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[01:44:07.000 --> 01:44:08.000]  What?
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[01:46:27.000 --> 01:46:30.000]  Okay, we are back.
[01:46:30.000 --> 01:46:34.000]  Randy Kelton, Rule of Law Radio, and we're talking to Mark in Texas.
[01:46:34.000 --> 01:46:38.000]  This is kind of a hard thing.
[01:46:38.000 --> 01:46:42.000]  You've been in this fight for a long time,
[01:46:42.000 --> 01:46:50.000]  and one of the things we have to be careful about is we forget what we're doing here,
[01:46:50.000 --> 01:46:53.000]  and we get caught up in the fight.
[01:46:53.000 --> 01:46:59.000]  And it's even worse for you because you're getting good at it.
[01:46:59.000 --> 01:47:02.000]  Oh, no, I suck at it, Randy.
[01:47:02.000 --> 01:47:06.000]  I know so many things are wrong.
[01:47:06.000 --> 01:47:09.000]  I know more than most attorneys do about this, I'll tell you that,
[01:47:09.000 --> 01:47:13.000]  but that's still near us, you know.
[01:47:13.000 --> 01:47:19.000]  Once you're in the fight a while, when you think about this whole thing,
[01:47:19.000 --> 01:47:21.000]  all you think about is the fight.
[01:47:21.000 --> 01:47:25.000]  And that's why I keep asking, what would be an equitable outcome?
[01:47:25.000 --> 01:47:29.000]  Because if you don't know where you're going,
[01:47:29.000 --> 01:47:33.000]  there's a very good chance you'll wind up somewhere else.
[01:47:33.000 --> 01:47:36.000]  So we always have to know what we're after,
[01:47:36.000 --> 01:47:42.000]  and I have no doubt that you offer this property,
[01:47:42.000 --> 01:47:45.000]  you might go to the bank and say, I'll tell you what,
[01:47:45.000 --> 01:47:49.000]  let's just put this thing up and all.
[01:47:49.000 --> 01:47:57.000]  And you take whatever we can get out of it at an auction as a settlement,
[01:47:57.000 --> 01:48:01.000]  and let's make all this go away and everybody go home.
[01:48:01.000 --> 01:48:03.000]  They've made me that offer before.
[01:48:03.000 --> 01:48:08.000]  At this point, let's say this is where my mind is lost,
[01:48:08.000 --> 01:48:10.000]  and you can set me straight.
[01:48:10.000 --> 01:48:14.000]  You know, I understand the argument of not fighting
[01:48:14.000 --> 01:48:16.000]  if that's not what you really want to do.
[01:48:16.000 --> 01:48:20.000]  Conversely, I'm thinking these people have no right to this in the first place.
[01:48:20.000 --> 01:48:22.000]  They're a really bad shame on them.
[01:48:22.000 --> 01:48:25.000]  I should bend them over my knee and spank them like John Wayne.
[01:48:25.000 --> 01:48:28.000]  But as far as it goes...
[01:48:28.000 --> 01:48:33.000]  Okay, before you go too far down that road,
[01:48:33.000 --> 01:48:38.000]  why don't you step out of your shoes and into their shoes for a minute?
[01:48:38.000 --> 01:48:41.000]  Okay.
[01:48:41.000 --> 01:48:46.000]  They loaned you $95,000 toward this property,
[01:48:46.000 --> 01:48:51.000]  and you paid two years on it and didn't pay anymore.
[01:48:51.000 --> 01:48:54.000]  And now they're struggling and trying to get their money back.
[01:48:54.000 --> 01:48:56.000]  Sure.
[01:48:56.000 --> 01:48:59.000]  All that weighs out, I get that.
[01:48:59.000 --> 01:49:04.000]  You're as big to them, as big a scoundrel as they are to you.
[01:49:04.000 --> 01:49:06.000]  Right, right, right.
[01:49:06.000 --> 01:49:08.000]  I have no intent to ever do that,
[01:49:08.000 --> 01:49:11.000]  and that wasn't my intent in the first place.
[01:49:11.000 --> 01:49:15.000]  The sad irony of it all, during these discussions of workouts
[01:49:15.000 --> 01:49:17.000]  and what they were talking about doing,
[01:49:17.000 --> 01:49:20.000]  maybe taking them out in the rears, putting it on the back end,
[01:49:20.000 --> 01:49:23.000]  lowering the interest rate, all that,
[01:49:23.000 --> 01:49:28.000]  I went through a time early on when my income was definitely affected,
[01:49:28.000 --> 01:49:29.000]  lost a job.
[01:49:29.000 --> 01:49:31.000]  Then after that, everything's fine.
[01:49:31.000 --> 01:49:34.000]  I could afford to do it, and we could definitely afford to make it work.
[01:49:34.000 --> 01:49:37.000]  Nobody wanted to make it work.
[01:49:37.000 --> 01:49:43.000]  At this point, from what I can tell,
[01:49:43.000 --> 01:49:46.000]  I like the idea of the quiet title.
[01:49:46.000 --> 01:49:49.000]  I might be able to go in and win with that.
[01:49:49.000 --> 01:49:53.000]  I suspect knowing that, perhaps if they know that,
[01:49:53.000 --> 01:49:58.000]  definitely if I filed that, but I don't know if I'd bring it up,
[01:49:58.000 --> 01:50:03.000]  but I might be able to say I'm interested in seeing if we can find
[01:50:03.000 --> 01:50:07.000]  some kind of practical solution here that doesn't involve us,
[01:50:07.000 --> 01:50:10.000]  either party, spending more money.
[01:50:10.000 --> 01:50:14.000]  What I was wondering is, if they have this judgment,
[01:50:14.000 --> 01:50:19.000]  then do I have any more bargaining chips, or do they have me?
[01:50:19.000 --> 01:50:22.000]  That's the end of it.
[01:50:22.000 --> 01:50:25.000]  The judge is probably going to be the end of it.
[01:50:25.000 --> 01:50:32.000]  They know that trial court is just for setting the record for appeal.
[01:50:32.000 --> 01:50:35.000]  They understand it's going to get a lot tougher for them
[01:50:35.000 --> 01:50:41.000]  when they get to the appeals court.
[01:50:41.000 --> 01:50:47.000]  I would consider, and I've done this here a number of times,
[01:50:47.000 --> 01:50:51.000]  is I file a quiet title, and as soon as I file it,
[01:50:51.000 --> 01:50:55.000]  I go to them and say, guys, let's make this go away.
[01:50:55.000 --> 01:50:58.000]  In your case, you've been fighting them for a while,
[01:50:58.000 --> 01:51:03.000]  and you file the quiet title, and they're going to say, oh, crap.
[01:51:03.000 --> 01:51:06.000]  Now he's shifting tactics on us.
[01:51:06.000 --> 01:51:08.000]  He's changing direction.
[01:51:08.000 --> 01:51:11.000]  This is going to start all over again.
[01:51:11.000 --> 01:51:15.000]  Then you go to them immediately and say, guys, let's make a deal.
[01:51:15.000 --> 01:51:17.000]  Let's make all this go away.
[01:51:17.000 --> 01:51:23.000]  I did this to a lawyer in Houston for Deutsche Bank.
[01:51:23.000 --> 01:51:28.000]  I file a suit, I file a trespass to try title suit,
[01:51:28.000 --> 01:51:32.000]  and gave her a few days to be able to actually get it.
[01:51:32.000 --> 01:51:35.000]  Then I called her.
[01:51:35.000 --> 01:51:39.000]  I called Deutsche Bank, and they referred me to this woman.
[01:51:39.000 --> 01:51:41.000]  She said, yeah, I have your suit right here.
[01:51:41.000 --> 01:51:45.000]  I said, well, I'd rather you didn't have to answer that.
[01:51:45.000 --> 01:51:51.000]  How about we just mediate out some kind of settlement?
[01:51:51.000 --> 01:51:53.000]  She said, well, I can't.
[01:51:53.000 --> 01:51:54.000]  You sued me.
[01:51:54.000 --> 01:51:59.000]  I said, oh, I only did that so I could find the right person to talk to.
[01:51:59.000 --> 01:52:07.000]  If you'll agree to mediate a solution, I'll non-suit that thing tomorrow.
[01:52:07.000 --> 01:52:08.000]  You will?
[01:52:08.000 --> 01:52:09.000]  Yeah.
[01:52:09.000 --> 01:52:11.000]  So she agreed.
[01:52:11.000 --> 01:52:13.000]  I non-suited.
[01:52:13.000 --> 01:52:19.000]  Now I had Brett McClung from Chase say, well, Ms. Kelton,
[01:52:19.000 --> 01:52:22.000]  if you non-suit it, you could always just refile it.
[01:52:22.000 --> 01:52:27.000]  I said, yeah, I could, but I didn't want to file it in the first place.
[01:52:27.000 --> 01:52:31.000]  So let's make a deal, and I don't have to refile it.
[01:52:31.000 --> 01:52:35.000]  So that's likely to bring them to the table.
[01:52:35.000 --> 01:52:37.000]  When they see you shifting tactics,
[01:52:37.000 --> 01:52:41.000]  they're going to have to come up with a lot more money to fight this separate tactic.
[01:52:41.000 --> 01:52:44.000]  And then you go to them, I'll make all this go away.
[01:52:44.000 --> 01:52:46.000]  Let's just make a deal.
[01:52:46.000 --> 01:52:56.000]  And probably a deal that would be hard for them to argue against would be to put it up for auction
[01:52:56.000 --> 01:53:05.000]  and let them take whatever they get at auction as a settlement and not a short sale.
[01:53:05.000 --> 01:53:11.000]  And part of the agreement is they take all the marks off your credit,
[01:53:11.000 --> 01:53:17.000]  and you give them a release of claim.
[01:53:17.000 --> 01:53:20.000]  If you don't want the bill loading anyway,
[01:53:20.000 --> 01:53:24.000]  then you come out of this with your credit intact.
[01:53:24.000 --> 01:53:26.000]  Right.
[01:53:26.000 --> 01:53:31.000]  And a lot smarter about legal matters.
[01:53:31.000 --> 01:53:34.000]  Oh, I've definitely gained.
[01:53:34.000 --> 01:53:36.000]  I've paid too.
[01:53:36.000 --> 01:53:48.000]  This is, for me, most of the people I know are slaves to this world that we live in.
[01:53:48.000 --> 01:53:56.000]  When the police car lights come on behind them, you get that butterflies in the pit of your stomach.
[01:53:56.000 --> 01:53:59.000]  Not me.
[01:53:59.000 --> 01:54:01.000]  I had a company the other day.
[01:54:01.000 --> 01:54:08.000]  My wife bought a couch and a $5,000 couch, and it was absolutely miserable.
[01:54:08.000 --> 01:54:10.000]  You couldn't sit on the thing.
[01:54:10.000 --> 01:54:13.000]  She called them to take it back, and they said, well, yeah, we will,
[01:54:13.000 --> 01:54:19.000]  but there's a 40% resupplying stocking charge because it was custom made.
[01:54:19.000 --> 01:54:24.000]  And I tried to call them, and I couldn't get ahold of anybody.
[01:54:24.000 --> 01:54:32.000]  So I went to the Better Business Bureau and filed a scathing complaint against them there.
[01:54:32.000 --> 01:54:39.000]  Then I took that Better Business Bureau complaint, and I wrote them up a tort letter.
[01:54:39.000 --> 01:54:48.000]  And I told them that I've been harmed, and this is how I've been harmed.
[01:54:48.000 --> 01:54:49.000]  I forgot exactly how I said it,
[01:54:49.000 --> 01:54:54.000]  but I noticed them that this was the complaint I filed with the Better Business Bureau
[01:54:54.000 --> 01:55:00.000]  and put that in and then told them to make me hold a B suit.
[01:55:00.000 --> 01:55:08.000]  They could not get out there fast enough to pick up that couch and give us our money.
[01:55:08.000 --> 01:55:15.000]  So once you let them know, you put them in a position where they know they're going to have a problem.
[01:55:15.000 --> 01:55:18.000]  This guy's not fooling around.
[01:55:18.000 --> 01:55:23.000]  It's not a quiet title, and they know that whatever else happens,
[01:55:23.000 --> 01:55:28.000]  they're going to be stuck with that for six months a year.
[01:55:28.000 --> 01:55:35.000]  You sting them, you hit them with a stick, and then you hold a carrot out to them.
[01:55:35.000 --> 01:55:43.000]  It's better if you don't fight, and it took me a long time to get to that.
[01:55:43.000 --> 01:55:48.000]  I was annoyed at myself that I helped 700 people file federal lawsuits
[01:55:48.000 --> 01:55:53.000]  when I could have been helping them get a settlement where everybody could go home happy.
[01:55:53.000 --> 01:55:56.000]  You were always encouraging.
[01:55:56.000 --> 01:56:03.000]  But from where I was going, I don't get messed with.
[01:56:03.000 --> 01:56:06.000]  These guys wanted to charge us 40 percent on that couch.
[01:56:06.000 --> 01:56:10.000]  I don't think so, Bubba, and I knew exactly how to fix it.
[01:56:10.000 --> 01:56:13.000]  So you've gained a lot.
[01:56:13.000 --> 01:56:22.000]  But now, in doing the show, I kind of feel bad that I have led so many people to fight
[01:56:22.000 --> 01:56:29.000]  when there was likely a viable alternative to fighting.
[01:56:29.000 --> 01:56:32.000]  Can you hear me right now, because I want you to listen.
[01:56:32.000 --> 01:56:34.000]  Yes.
[01:56:34.000 --> 01:56:38.000]  Wait, you're back to buzzy.
[01:56:38.000 --> 01:56:47.000]  Sorry, sometimes it's the only right thing to do, and people have to stand up and do it.
[01:56:47.000 --> 01:56:51.000]  I don't want to quote V for Vendetta, but I love that movie.
[01:56:51.000 --> 01:56:53.000]  It makes the point, most crystal.
[01:56:53.000 --> 01:56:55.000]  It's a great film if you haven't ever seen it.
[01:56:55.000 --> 01:56:58.000]  You watch that, you'll love it.
[01:56:58.000 --> 01:57:01.000]  But sometimes it has to be done.
[01:57:01.000 --> 01:57:04.000]  In my case, they filed it past the statute of limitations.
[01:57:04.000 --> 01:57:11.000]  They don't actually have a legal right based on this fraudulent assignment.
[01:57:11.000 --> 01:57:13.000]  It makes me mad as hell.
[01:57:13.000 --> 01:57:16.000]  But in the end, I can't control what the court does.
[01:57:16.000 --> 01:57:20.000]  And as I've heard you say, and I know you mean this, and I know it's true,
[01:57:20.000 --> 01:57:24.000]  you have to have the politics on your side and law as well.
[01:57:24.000 --> 01:57:30.000]  And for me, when this happened, it makes me think all of a sudden,
[01:57:30.000 --> 01:57:33.000]  hey, I've got an incredibly good argument.
[01:57:33.000 --> 01:57:35.000]  They don't have much.
[01:57:35.000 --> 01:57:38.000]  But this judge can do whatever he wants.
[01:57:38.000 --> 01:57:43.000]  And then it ends up going to the appeals court.
[01:57:43.000 --> 01:57:49.000]  Let's go back to that four-sided chessboard.
[01:57:49.000 --> 01:57:54.000]  It's all about relationships.
[01:57:54.000 --> 01:57:57.000]  You have a relationship with your lawyer.
[01:57:57.000 --> 01:58:00.000]  Your lawyer has a relationship with the other lawyer,
[01:58:00.000 --> 01:58:04.000]  and both lawyers have a relationship with the judge.
[01:58:04.000 --> 01:58:09.000]  Who's in a weak position here?
[01:58:09.000 --> 01:58:14.000]  Always the litigant.
[01:58:14.000 --> 01:58:21.000]  So that's why I say just because you have the law and the facts on your side
[01:58:21.000 --> 01:58:23.000]  doesn't mean you're going to win your case.
[01:58:23.000 --> 01:58:30.000]  But the real point here is, isn't this the battle you want to fight?
[01:58:30.000 --> 01:58:37.000]  Or more appropriately, is this the best battle you could be fighting?
[01:58:37.000 --> 01:58:39.000]  Yeah, perhaps it is.
[01:58:39.000 --> 01:58:41.000]  I'm going to look into it.
[01:58:41.000 --> 01:58:42.000]  Okay, thank you.
[01:58:42.000 --> 01:58:43.000]  We are out of time.
[01:58:43.000 --> 01:58:45.000]  Thank you all for listening.
[01:58:45.000 --> 01:58:50.000]  And good night.
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[01:59:02.000 --> 01:59:06.000]  what the Bible says verse by verse, helping you to know God
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