ROL_2015-07-31_16k_Hr3-4.timecode

[00:00.000 --> 00:06.000]  The following newsflash is brought to you by the Lone Star Lowdown, providing the daily
[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 --> 00:28.000]  Markets for the 31st of July, 2013, opened up with gold at $1,094.65 an ounce, silver
[00:28.000 --> 00:34.000]  at $14.72 an ounce, Texas crude, $48.52 a barrel, and Bitcoin is currently sitting
[00:34.000 --> 00:42.000]  at about $285 U.S. currency.
[00:42.000 --> 00:48.000]  Today in history, Saturday, July 31, 1999, the Lunar Prospector Drone, part of NASA's
[00:48.000 --> 00:51.000]  Discovery Program, comes to a crashing end.
[00:51.000 --> 00:56.000]  The 19th-month-long mission was designed for a low-polar orbital analysis of the Moon,
[00:56.000 --> 01:00.000]  including mapping of the surface and detection of possible polar ice deposits, measurements
[01:00.000 --> 01:04.000]  in the magnetic and gravitational field, and the study of lunar outgassing.
[01:04.000 --> 01:08.000]  The orbiter was deliberately crashed into a crater near the South Pole after the presence
[01:08.000 --> 01:14.000]  of water ice was successfully detected.
[01:14.000 --> 01:19.000]  In recent news, Facebook is planning on using solar-powered drones with wingspans comparable
[01:19.000 --> 01:24.000]  to a Boeing 737, crisscrossing the planet for providing roughly 4 billion people across
[01:24.000 --> 01:25.000]  the world with Internet.
[01:25.000 --> 01:29.000]  Facebook announced yesterday that its first drone, the Aquila, is already in flight testing
[01:29.000 --> 01:33.000]  in the upper atmosphere as part of its Internet.org initiative.
[01:33.000 --> 01:34.000]  What's the goal?
[01:34.000 --> 01:38.000]  To have hundreds of drones floating upwards with the help of helium balloons, which would
[01:38.000 --> 01:42.000]  then circle the globe at roughly 60,000 to 90,000 feet, way above commercial airliners
[01:42.000 --> 01:43.000]  and weather systems.
[01:43.000 --> 01:47.000]  It turns out that this is more valuable of a solution than building infrastructure in
[01:47.000 --> 01:51.000]  many remote places in Africa, which would be quantitatively much more expensive.
[01:51.000 --> 01:54.000]  The company still has plenty of work to do before this project becomes a reality.
[01:54.000 --> 01:58.000]  It needs to develop a longer-lasting battery and test its lasers, which it says already
[01:58.000 --> 02:02.000]  can send a signal to a target the size of a dime from 10 miles away.
[02:02.000 --> 02:09.000]  Google is also looking into similar solutions.
[02:09.000 --> 02:13.000]  The New York Police Department handed 54 participants body cameras when it started its pilot program
[02:13.000 --> 02:14.000]  last December.
[02:14.000 --> 02:18.000]  Today, they released a 71-page report reviewing the program thus far.
[02:18.000 --> 02:23.000]  The report calls for stricter guidelines before the program expands and offers 23 suggestions
[02:23.000 --> 02:27.000]  that can both improve police-community relations and protect the safety of officers and the
[02:27.000 --> 02:32.000]  public, covering issues such as camera activation, protecting the anonymity of certain groups,
[02:32.000 --> 02:34.000]  retention periods, and footage access.
[02:34.000 --> 02:39.000]  A notable issue, NYPD Inspector General Philip Uris said, was that they found that officers
[02:39.000 --> 02:42.000]  generally don't know when it's appropriate to use the cameras.
[02:42.000 --> 02:46.000]  NYPD officers are trained to turn on their cameras only when there's reasonable suspicion
[02:46.000 --> 02:50.000]  of a crime happening during traffic stops and during incidents where force is used.
[02:50.000 --> 02:54.000]  But those limits are too restrictive to fully capture the wide range of police-community
[02:54.000 --> 02:55.000]  encounters.
[02:55.000 --> 03:22.000]  This has been your Lowdowns for July 31, 2013.
[03:25.000 --> 03:51.000]  It's your Lowdowns for July 31, 2013.
[03:51.000 --> 04:19.000]  Okay, we are back, Randy Kelton with our radio, and we're talking to Dan in Pennsylvania.
[04:19.000 --> 04:25.000]  Okay, Dan, give us a synopsis on where you're at, at the moment.
[04:25.000 --> 04:35.000]  Yeah, the latest, okay, the latest hearing has been about trials, but they started foreclosure procedures in 2008,
[04:35.000 --> 04:41.000]  and since then they sold it or transferred it to another company, so it sort of got lost.
[04:41.000 --> 04:43.000]  Okay, okay, you're using pronouns again.
[04:43.000 --> 04:45.000]  Refiled foreclosures.
[04:45.000 --> 04:46.000]  Pardon?
[04:46.000 --> 04:52.000]  Who was your original lender?
[04:52.000 --> 04:54.000]  It was a savings and loan.
[04:54.000 --> 04:58.000]  It was the first, it was the first federal or something.
[04:58.000 --> 05:06.000]  Okay, have you looked in the public record to see what is in the public record?
[05:06.000 --> 05:11.000]  Yeah, there's all these transfers, and it's usually the same guys signed off on it,
[05:11.000 --> 05:19.000]  but they're held in trust by these other companies, so I don't know how that's done, how they can keep transferring.
[05:19.000 --> 05:24.000]  Wait a minute, we're getting real confusing here because you're running off into all kind of stuff.
[05:24.000 --> 05:30.000]  I'm trying to look for what your situation is.
[05:30.000 --> 05:34.000]  First savings, is first savings still in business?
[05:34.000 --> 05:37.000]  No, I have to say that was part of the resolution trust company,
[05:37.000 --> 05:43.000]  and they were taken over by the government, federal government, and then the notes were sold off to...
[05:43.000 --> 05:56.000]  Okay, is there an assignment in the record by this first savings to some other entity?
[05:56.000 --> 06:00.000]  I don't know how it could be because they're out of business.
[06:00.000 --> 06:04.000]  No, no, wait, wait, they could have done it before they went out of business.
[06:04.000 --> 06:07.000]  Okay.
[06:07.000 --> 06:17.000]  The pilgrims in Plymouth started recording deeds with their own registrar of deeds
[06:17.000 --> 06:21.000]  so that a person could secure property and hold that property
[06:21.000 --> 06:27.000]  and have a legal way of showing that they hold that property.
[06:27.000 --> 06:32.000]  Every state has a registrar of deeds for this purpose.
[06:32.000 --> 06:40.000]  No one in their right mind would invest in property in any jurisdiction that did not have a requirement
[06:40.000 --> 06:48.000]  that any claim against real property must be filed with a public registrar
[06:48.000 --> 06:56.000]  so that if a person considers purchasing property, he can go look in the registrar's records
[06:56.000 --> 07:00.000]  and determine who has a claim against the property.
[07:00.000 --> 07:12.000]  After the foreclosure, the mortgage bubble burst in 2007, and people started resisting foreclosures,
[07:12.000 --> 07:16.000]  I had someone come to me and tell me, he talked to the FBI,
[07:16.000 --> 07:24.000]  and they told him that MERS was getting all of these documents from these mortgage companies,
[07:24.000 --> 07:28.000]  scanning them in their system and shredding the documents.
[07:28.000 --> 07:31.000]  And I said, not a chance.
[07:31.000 --> 07:34.000]  That's the craziest thing I ever heard of.
[07:34.000 --> 07:40.000]  And I got the impression at the time that this was BS, and it turned out it was.
[07:40.000 --> 07:47.000]  This was the banks using the feds to send us down a rabbit hole.
[07:47.000 --> 07:50.000]  Show me the note.
[07:50.000 --> 07:53.000]  They can't show me the note because they shredded it.
[07:53.000 --> 07:56.000]  They didn't do any such thing.
[07:56.000 --> 07:59.000]  They didn't shred it. They didn't give all the documents to MERS.
[07:59.000 --> 08:03.000]  That was all nonsense, to send us off chasing a red herring.
[08:03.000 --> 08:07.000]  The show me the note issue, this bifurcation issue.
[08:07.000 --> 08:12.000]  These are the things the banks wanted to fight because those are the things they could fight.
[08:12.000 --> 08:20.000]  There was one place they did not want us looking, and that was the public record.
[08:20.000 --> 08:27.000]  In Texas, and most every other state I've looked at has a similar statute.
[08:27.000 --> 08:29.000]  They have to.
[08:29.000 --> 08:33.000]  13.001 Texas Property Code says,
[08:33.000 --> 08:39.000]  any claim against real property not properly acknowledged or proven
[08:39.000 --> 08:44.000]  and filed in the public record is void as to the holder.
[08:44.000 --> 08:50.000]  So what it means is, you can have all the claims you want to,
[08:50.000 --> 08:54.000]  but if they're not properly filed in that public record,
[08:54.000 --> 09:00.000]  so that if I just consider purchasing this property and I come down and look in the record
[09:00.000 --> 09:05.000]  and I don't see your claim in the record, and I've purchased that property,
[09:05.000 --> 09:11.000]  you can't come back later and say, hey, wait a minute, wait a minute, I've got a claim on this property.
[09:11.000 --> 09:16.000]  Because I'm going to say, I bought this property in good faith,
[09:16.000 --> 09:21.000]  and I have a right to trust what I see in that public record.
[09:21.000 --> 09:25.000]  So whoever is coming to make a claim,
[09:25.000 --> 09:34.000]  if that claim cannot be clearly defined from the public record, they don't have one.
[09:34.000 --> 09:36.000]  I don't care what you got.
[09:36.000 --> 09:44.000]  I don't care if you actually are the bona fide, true, and proper holder.
[09:44.000 --> 09:49.000]  If you don't have that status properly filed in the public record,
[09:49.000 --> 09:53.000]  you can use that claim for toilet paper.
[09:53.000 --> 09:59.000]  Now, this is why I'm asking questions about what's in the record.
[09:59.000 --> 10:07.000]  There's a record here with me that the mortgage dated the 18th of September
[10:07.000 --> 10:14.000]  from the Resolution Trust Corporation and its capacity to receive for ill financial saving,
[10:14.000 --> 10:21.000]  having an address, and yada, yada, yada, it was sold to Meridian Bank of Philadelphia.
[10:21.000 --> 10:23.000]  Wait, who is Resolution Trust?
[10:23.000 --> 10:29.000]  That was the federal government's program to take over all these banks.
[10:29.000 --> 10:32.000]  Who cares?
[10:32.000 --> 10:41.000]  Is there an assignment from First Savings to Resolution Trust?
[10:41.000 --> 10:45.000]  Yeah, there's a text receiver for ill financial saving.
[10:45.000 --> 10:48.000]  I don't care what that document says.
[10:48.000 --> 10:53.000]  Is there a filing by the original lender in the public record assigning their claim
[10:53.000 --> 10:58.000]  against your property to some other entity?
[10:58.000 --> 11:02.000]  No, there is none, just one from the federal government.
[11:02.000 --> 11:04.000]  There is no claim.
[11:04.000 --> 11:09.000]  Understand, the federal government is not God over us all.
[11:09.000 --> 11:14.000]  The federal government only operates in the federal arena.
[11:14.000 --> 11:18.000]  But property records are not in the federal arena.
[11:18.000 --> 11:21.000]  They're in the state.
[11:21.000 --> 11:25.000]  And we don't care what the federal government did.
[11:25.000 --> 11:32.000]  If they didn't abide by state law, they have a problem.
[11:32.000 --> 11:40.000]  If the holder of the note, this company was a legal fiction,
[11:40.000 --> 11:49.000]  it was a person under law, at some point this person died
[11:49.000 --> 11:53.000]  and this person had a claim against your property.
[11:53.000 --> 12:01.000]  Say you buy a house from a neighbor, anybody on contract,
[12:01.000 --> 12:05.000]  and he goes down and he files a claim against you,
[12:05.000 --> 12:07.000]  or say you have someone work on your property,
[12:07.000 --> 12:13.000]  and they get a lien against your property to secure payment.
[12:13.000 --> 12:16.000]  And then the person dies.
[12:16.000 --> 12:22.000]  Who can pick up that lien and enforce it?
[12:22.000 --> 12:34.000]  Assuming the guy has no heirs and legal fictions have no heirs, nobody.
[12:34.000 --> 12:37.000]  When that company went out of business,
[12:37.000 --> 12:41.000]  without assigning their claim against your property to somebody else,
[12:41.000 --> 12:45.000]  they abandoned the claim.
[12:45.000 --> 12:53.000]  So if someone else hasn't filed or if they didn't file an assignment,
[12:53.000 --> 12:56.000]  we don't care what anybody else has filed.
[12:56.000 --> 13:02.000]  First thing you will want to look at doing is filing a quiet title action
[13:02.000 --> 13:08.000]  against this original deed of trust.
[13:08.000 --> 13:12.000]  I'm about to do this to a property here.
[13:12.000 --> 13:21.000]  We're trying to secure a property that hasn't been paid on in five years.
[13:21.000 --> 13:22.000]  Okay, I've got time.
[13:22.000 --> 13:26.000]  It hasn't been paid on in five years, but nobody tried to foreclose.
[13:26.000 --> 13:28.000]  So I went to the public record.
[13:28.000 --> 13:33.000]  I found a credit card lien against the property.
[13:33.000 --> 13:35.000]  That we can get thrown out.
[13:35.000 --> 13:40.000]  I found a $14,600 IRS lien against the property.
[13:40.000 --> 13:42.000]  That we'd have to pay.
[13:42.000 --> 13:49.000]  I found an $80,000 home equity loan against the property by Washington Mutual.
[13:49.000 --> 13:52.000]  That's all I found in there.
[13:52.000 --> 13:54.000]  Well, here's the problem.
[13:54.000 --> 13:58.000]  And here's the reason nobody's tried to foreclose on them.
[13:58.000 --> 14:06.000]  In 2008, and this was a 2005 note, in 2008, Washington Mutual died.
[14:06.000 --> 14:12.000]  The CIA caught them laundering Mexican and Colombian drug cartel
[14:12.000 --> 14:15.000]  drug money through their mortgaging program.
[14:15.000 --> 14:18.000]  So they shut them down.
[14:18.000 --> 14:22.000]  Washington Mutual did not assign the property to anybody else,
[14:22.000 --> 14:24.000]  not by the public record.
[14:24.000 --> 14:32.000]  Now, maybe Chase, JP Morgan Chase took over all the assets of Washington Mutual.
[14:32.000 --> 14:33.000]  Okay.
[14:33.000 --> 14:39.000]  And it's possible that this particular note was at the time an asset of Washington Mutual.
[14:39.000 --> 14:42.000]  We don't know that.
[14:42.000 --> 14:49.000]  But we have no evidence that it was anything else, because there's nothing.
[14:49.000 --> 14:56.000]  Washington Mutual did not assign their claim on this property to anybody else.
[14:56.000 --> 15:01.000]  So who can collect on the claim?
[15:01.000 --> 15:02.000]  Nobody.
[15:02.000 --> 15:05.000]  That's why nobody tried to foreclose.
[15:05.000 --> 15:07.000]  Nobody legally holds it.
[15:07.000 --> 15:15.000]  Now, there's somebody who was at the time held the servicing rights.
[15:15.000 --> 15:23.000]  But the issue, the note, the lender sells the servicing rights to some other company.
[15:23.000 --> 15:26.000]  So they're just a servicer.
[15:26.000 --> 15:29.000]  This company was a servicer for Washington Mutual.
[15:29.000 --> 15:32.000]  Then Washington Mutual went out of business.
[15:32.000 --> 15:35.000]  They're still collecting money on this house.
[15:35.000 --> 15:38.000]  So what are they doing with it?
[15:38.000 --> 15:40.000]  They don't have a claim.
[15:40.000 --> 15:42.000]  Their client's dead.
[15:42.000 --> 15:46.000]  They can't be paying the client because the client don't exist.
[15:46.000 --> 15:47.000]  This is fraud.
[15:47.000 --> 15:55.000]  So what we'll do is get the deed and quit claiming the deed from the person who holds the property.
[15:55.000 --> 15:58.000]  We'll file that in the public record.
[15:58.000 --> 16:04.000]  Then we'll go in and file a quiet title action against the Washington Mutual Deed of Trust.
[16:04.000 --> 16:07.000]  And we'll give notice to Washington Mutual.
[16:07.000 --> 16:11.000]  There's a real good chance they won't show up in court.
[16:11.000 --> 16:15.000]  If they do show up in court, then we've got a vampire lender,
[16:15.000 --> 16:20.000]  which Judge Schreck in New York called these vampire lenders,
[16:20.000 --> 16:27.000]  authorized MERS after the company went out of business to do an assignment.
[16:27.000 --> 16:34.000]  We find all kinds of assignments by MERS for companies that don't exist.
[16:34.000 --> 16:38.000]  So this is why I'm going to be pedantic about what's in the record.
[16:38.000 --> 16:41.000]  Hang on, we'll pick this up on the other side.
[16:41.000 --> 16:43.000]  Randy Kelton, you're on the radio.
[16:43.000 --> 16:47.000]  I'll call you number 512-646-1984.
[16:47.000 --> 16:48.000]  Give us a call.
[16:48.000 --> 16:50.000]  We'll have the phone lines open all night.
[16:50.000 --> 17:01.000]  We'll be right back.
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[19:12.000 --> 19:14.000]  Well, don't let nothing get to you.
[19:14.000 --> 19:17.000]  Only the father can give it to you.
[19:17.000 --> 19:20.000]  Don't let bad-minded people hurt you.
[19:20.000 --> 19:23.000]  Until they say something, get behind them.
[19:23.000 --> 19:25.000]  Know what I mean?
[19:25.000 --> 19:27.000]  Okay, we are back.
[19:27.000 --> 19:29.000]  Randy Kelton, Rule of Law Radio.
[19:29.000 --> 19:31.000]  We're talking to Dan in Pennsylvania.
[19:31.000 --> 19:35.000]  I know I got kind of long-winded there.
[19:35.000 --> 19:44.000]  But I'm trying to frame a way to think about this so as we move along, this makes sense.
[19:44.000 --> 19:50.000]  So first there was a first savings.
[19:50.000 --> 19:58.000]  What is in the record after the original mortgage document was filed?
[19:58.000 --> 20:07.000]  It's the part with the resolution trust company transferring assets to these banks.
[20:07.000 --> 20:14.000]  Okay, so you have a mortgage by this first savings.
[20:14.000 --> 20:23.000]  The next document is resolution trust doing the transfer from True to Who?
[20:26.000 --> 20:29.000]  Yeah, they transferred the assets to Meridian Bank.
[20:29.000 --> 20:30.000]  Yeah.
[20:30.000 --> 20:33.000]  And then after Meridian had it for a couple of months.
[20:33.000 --> 20:35.000]  Wait a minute, don't go too fast.
[20:35.000 --> 20:36.000]  Okay.
[20:36.000 --> 20:39.000]  What does the document, who is doing the transfer?
[20:39.000 --> 20:42.000]  Is it resolution trust?
[20:42.000 --> 20:47.000]  Or is resolution trust acting as an agent for someone else?
[20:47.000 --> 20:53.000]  It says resolution trust corporation in its capacity as receiver for real financial savings
[20:53.000 --> 20:59.000]  and loan association and it was signed by somebody as an attorney in fact.
[20:59.000 --> 21:07.000]  So I'm a judge sitting up here on the bench and I have a copy of everything that's filed in the public record
[21:07.000 --> 21:13.000]  and I see that you got a mortgage with this first savings company.
[21:13.000 --> 21:20.000]  And now I have resolution trust here claiming to be receiver for somebody and I'm going to say,
[21:20.000 --> 21:23.000]  well, who are you people?
[21:23.000 --> 21:33.000]  I don't see anything in the record that shows that you have any authority to make a claim against this property.
[21:33.000 --> 21:42.000]  How does resolution trust now make their claim?
[21:42.000 --> 21:48.000]  Here's the reason I ask this question.
[21:48.000 --> 21:54.000]  You filed bankruptcy and if you file bankruptcy using the lawyer,
[21:54.000 --> 22:01.000]  they will always stipulate to the mortgage holder's claim.
[22:01.000 --> 22:10.000]  Whoever makes a claim of a right to collect on the mortgage, they will never challenge it.
[22:10.000 --> 22:28.000]  What we suggest you do is if you're in a 13, change it to a 7 and claim the property is unsecured.
[22:28.000 --> 22:38.000]  You can claim the property is unsecured because you have no duty to stipulate to anything.
[22:38.000 --> 22:43.000]  Even if this first savings was the original lender
[22:43.000 --> 22:49.000]  and it's first savings that's coming to the table saying, I hold a claim to this property.
[22:49.000 --> 22:54.000]  You say, I don't know who you are. I don't know anything about this.
[22:54.000 --> 23:01.000]  You're making a proactive claim. I dispute that claim. Prove it.
[23:01.000 --> 23:08.000]  You have no duty to stipulate because you don't know if first savings,
[23:08.000 --> 23:18.000]  if they're the ones coming to foreclose, they may have sold off their rights to that property to somebody else.
[23:18.000 --> 23:25.000]  Now they're coming along wanting to collect on it and if they collect on it, then you're going to have somebody else come along and collect on it.
[23:25.000 --> 23:29.000]  So you say to first savings, prove it.
[23:29.000 --> 23:32.000]  In this case, you won't have first savings.
[23:32.000 --> 23:41.000]  Let's say you get a mortgage on your house to me and then 10 years from now,
[23:41.000 --> 23:48.000]  somebody you've never heard of comes to you and says, you've got to pay your mortgage payments to me.
[23:48.000 --> 23:54.000]  What are you going to say? Who are you?
[23:54.000 --> 23:59.000]  I don't know anything about you. I never entered into a contract with you.
[23:59.000 --> 24:04.000]  If you're a lawyer, I never entered into a contract with your principal. Who are you?
[24:04.000 --> 24:10.000]  If you want to collect my money, prove that you have a right to collect my money
[24:10.000 --> 24:20.000]  because the Uniform Commercial Code says that if you make a payment on an indebtedness
[24:20.000 --> 24:28.000]  and you make that payment to the wrong entity, the debt is not extinguished.
[24:28.000 --> 24:35.000]  So if you're paying the wrong people, they're taking your money and putting it in their pocket.
[24:35.000 --> 24:40.000]  And when you get to the end of the contract life, you're going to say,
[24:40.000 --> 24:46.000]  I want my original note back so I can destroy it.
[24:46.000 --> 24:50.000]  And they're going to say, I don't have it.
[24:50.000 --> 24:54.000]  And then you're likely to have somebody else come along and say, hey, I've got it.
[24:54.000 --> 25:01.000]  But you didn't pay me. Now you have to pay me. We've had that happen to people.
[25:01.000 --> 25:06.000]  So you don't know who these people are.
[25:06.000 --> 25:11.000]  You don't stipulate anything. You file chapter seven, claim the property is unsecured.
[25:11.000 --> 25:19.000]  When you claim it is unsecured, now you have the trustee, the bankruptcy trustee.
[25:19.000 --> 25:27.000]  If you try to fight this before the courts, they're going to feel like you're just trying to get a free property.
[25:27.000 --> 25:35.000]  If you take it to a bankruptcy court, you've got the trustee here and he's in a different position.
[25:35.000 --> 25:43.000]  It is the duty of the trustee to protect the assets for the debtors.
[25:43.000 --> 25:52.000]  So when someone comes along and claims to be a debtor, the trustee has a duty to make sure he really is what he says he is
[25:52.000 --> 26:01.000]  and that he can support his client because if he gives money to this debtor, there's less money he can't give to other debtors.
[26:01.000 --> 26:05.000]  So he has a secondary agenda.
[26:05.000 --> 26:12.000]  So when you claim the property is unsecured, the bank's going to run in there and say, oh, we hold a note.
[26:12.000 --> 26:20.000]  And then the trustee is going to say, OK, now we have to hold an evidentiary hearing.
[26:20.000 --> 26:27.000]  You must come into that hearing and prove up your claim.
[26:27.000 --> 26:34.000]  The only way they can prove up their claim is by the public record.
[26:34.000 --> 26:41.000]  If it hasn't been filed in the public record, they don't have a claim.
[26:41.000 --> 26:46.000]  And the bankruptcy court will discharge the debt.
[26:46.000 --> 26:54.000]  So I was hoping Chris was listening, hoping he would call in because that's exactly what he did.
[26:54.000 --> 26:57.000]  He filed bankruptcy Chapter 7.
[26:57.000 --> 27:00.000]  They discharge the debt.
[27:00.000 --> 27:01.000]  Go ahead.
[27:01.000 --> 27:07.000]  It's been transferred, I guess, six times since we've lived here in the house.
[27:07.000 --> 27:12.000]  And I'm wondering, did they have to stand out notice the last person?
[27:12.000 --> 27:14.000]  I can assure you.
[27:14.000 --> 27:23.000]  I can assure you it will be virtually impossible for them to prove up their claim.
[27:23.000 --> 27:28.000]  The banks have made a horrible mess of the public record.
[27:28.000 --> 27:34.000]  And this is more about understanding how things actually work.
[27:34.000 --> 27:40.000]  The banks have made a horrible mess of their records, but it saved them a whole lot of money.
[27:40.000 --> 27:46.000]  They didn't have to file all of these transfers in the public record.
[27:46.000 --> 27:49.000]  And it's really worse than that.
[27:49.000 --> 27:54.000]  When they securitized the note, the note went into a pool.
[27:54.000 --> 27:58.000]  And this pool would have up to 10,000 to 20,000 notes in it.
[27:58.000 --> 28:03.000]  And then they would sell tranches or slices off of this pool.
[28:03.000 --> 28:08.000]  They'd sell 10% of this pool to this one investor, 5% to another investor.
[28:08.000 --> 28:10.000]  They kind of cut it up this way.
[28:10.000 --> 28:23.000]  Well, the problem is the filing requirements require that any change in the holdership of the property has to be filed in the record.
[28:23.000 --> 28:27.000]  So they'd have two or three of these pools running at the same time.
[28:27.000 --> 28:31.000]  They've got one that's making too much profit.
[28:31.000 --> 28:32.000]  It's going to have to pay tax on it.
[28:32.000 --> 28:35.000]  They have one that's losing money.
[28:35.000 --> 28:48.000]  So they want to move the part of this profit-making pool into a second pool so they can adjust the incomes rate so they don't have to pay any taxes.
[28:48.000 --> 28:59.000]  Well, if they move 1% from one pool to another, according to the public records, the counties, they're supposed to file that change in equity with the public records.
[28:59.000 --> 29:03.000]  So they'd have to file 10,000 filings.
[29:03.000 --> 29:04.000]  Well, that was prohibitive.
[29:04.000 --> 29:09.000]  So they just quit filing and made a whole lot of money.
[29:09.000 --> 29:16.000]  Every once in a while, somebody would come along and call them on it and sting them good.
[29:16.000 --> 29:19.000]  Yeah, it cost a doing business.
[29:19.000 --> 29:25.000]  They could write off your hold note, and they still make a lot of money.
[29:25.000 --> 29:26.000]  They don't really care.
[29:26.000 --> 29:28.000]  They're just like the debt collectors.
[29:28.000 --> 29:29.000]  They do everything wrong.
[29:29.000 --> 29:32.000]  Every once in a while, they get stung.
[29:32.000 --> 29:34.000]  It's so rare they get stung.
[29:34.000 --> 29:35.000]  They don't care.
[29:35.000 --> 29:43.000]  What we on this show want to do is make you part of their cost of doing business.
[29:43.000 --> 29:44.000]  Hang on.
[29:44.000 --> 29:45.000]  About to go to break.
[29:45.000 --> 29:46.000]  Brandon Kelton.
[29:46.000 --> 29:47.000]  He was on radio.
[29:47.000 --> 29:51.000]  I called him number 512-646-1984.
[29:51.000 --> 29:52.000]  And call boards are open.
[29:52.000 --> 29:55.000]  That problem at the front must have lost us a lot.
[29:55.000 --> 29:57.000]  So if you have a question or comment, give us a call.
[29:57.000 --> 30:03.000]  We'll be right back.
[30:03.000 --> 30:05.000]  Quick, clench your fists.
[30:05.000 --> 30:10.000]  A military contractor has developed a scanner that can read your fingerprints from a distance.
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[30:17.000 --> 30:19.000]  Privacy is under attack.
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[30:28.000 --> 30:29.000]  So protect your rights.
[30:29.000 --> 30:33.000]  Say no to surveillance and keep your information to yourself.
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[33:26.000 --> 33:28.000]  Okay, we are back.
[33:28.000 --> 33:33.000]  Brandy Kelton, Rule of Law Radio, and we're talking to Dan from Pennsylvania.
[33:33.000 --> 33:40.000]  So, Dan, okay, you had your, was the 2008, was that a refinance?
[33:40.000 --> 33:45.000]  No, no, that's when they started the foreclosure again,
[33:45.000 --> 33:49.000]  but I'd say when they interim from 2008 until now,
[33:49.000 --> 33:52.000]  it has, they transferred the note to another company,
[33:52.000 --> 33:56.000]  and then they restarted the foreclosure again.
[33:56.000 --> 34:01.000]  I had an evidentiary hearing in April.
[34:01.000 --> 34:06.000]  Wait, hold on, hold, do you have a lawyer?
[34:06.000 --> 34:08.000]  No, I didn't for the evidentiary hearing.
[34:08.000 --> 34:12.000]  I just, after I lost it to New York County again at the foreclosure hearing,
[34:12.000 --> 34:15.000]  I, you know, went to check for 13, then I got a lawyer.
[34:15.000 --> 34:22.000]  Okay, hold on, I need to get you in touch with Ms. Leslie.
[34:22.000 --> 34:23.000]  Yes.
[34:23.000 --> 34:34.000]  If you first started into foreclosure in 2008, they're out of time.
[34:34.000 --> 34:38.000]  Once they give a notice of acceleration, the clock starts,
[34:38.000 --> 34:47.000]  and Pennsylvania has a statute of limitations on how long they have to exercise the claim.
[34:47.000 --> 34:49.000]  In Texas, it's four years.
[34:49.000 --> 34:55.000]  I'm not sure what it is in Pennsylvania, but the longest I've ever heard of was six years.
[34:55.000 --> 34:59.000]  I actually think it's four years in Pennsylvania.
[34:59.000 --> 35:06.000]  So, in 2012, they would have ran out of time to foreclose.
[35:06.000 --> 35:11.000]  Six years in 2014, they would have ran out of time.
[35:11.000 --> 35:17.000]  Yes, when it was transferred to this new company, they restarted another new foreclosure action.
[35:17.000 --> 35:20.000]  That, they knew they were running out of time,
[35:20.000 --> 35:24.000]  so they transferred it to another company trying to restart the clock.
[35:24.000 --> 35:29.000]  You need to file challenged subject matter jurisdiction.
[35:29.000 --> 35:33.000]  Challenged subject matter jurisdiction will say that
[35:33.000 --> 35:41.000]  the plaintiff lacks standing to invoke the subject matter jurisdiction of the court.
[35:41.000 --> 35:45.000]  In order to invoke the subject matter jurisdiction of the court,
[35:45.000 --> 35:51.000]  you must bring before the court a bona fide claim.
[35:51.000 --> 36:00.000]  Problem, their claim expired four or six years after the notice of acceleration.
[36:00.000 --> 36:09.000]  When you receive the first notice of intent to foreclose, then that starts the clock.
[36:09.000 --> 36:18.000]  Since that first notice of intent to foreclose, have you made any payments on the property?
[36:18.000 --> 36:23.000]  No, there hasn't been any payments for at least six or eight years.
[36:23.000 --> 36:27.000]  Good, good, good, good. That's what I wanted to hear. No payments?
[36:27.000 --> 36:31.000]  No payments.
[36:31.000 --> 36:37.000]  If they make payments, if they accept payments in between, that can reset the clock.
[36:37.000 --> 36:41.000]  So no payments, the clock's been running.
[36:41.000 --> 36:45.000]  Good chance the clock's ran out.
[36:45.000 --> 36:47.000]  They can't exercise their claim.
[36:47.000 --> 36:59.000]  There's no claim because at the expiration of the statute of limitation, the cause expired.
[36:59.000 --> 37:05.000]  Also at the evidentiary hearing, they don't give me any records before 98,
[37:05.000 --> 37:09.000]  the payment schedule of what I paid.
[37:09.000 --> 37:12.000]  They can't go back any further than that for some reason.
[37:12.000 --> 37:14.000]  They don't have any records.
[37:14.000 --> 37:17.000]  Well, how do they have records at all?
[37:17.000 --> 37:20.000]  Okay, wait a minute, that doesn't matter.
[37:20.000 --> 37:24.000]  Before they start showing payment records,
[37:24.000 --> 37:34.000]  the first thing they have to show is that they have the legal right to collect the income stream
[37:34.000 --> 37:39.000]  from this particular contract.
[37:39.000 --> 37:43.000]  You didn't enter into a contract with these people.
[37:43.000 --> 37:46.000]  You don't know anything about these people.
[37:46.000 --> 37:51.000]  Now, let's talk about what you know as to what you think you know.
[37:51.000 --> 37:56.000]  And this is from a legal perspective.
[37:56.000 --> 38:01.000]  What you know legally is what's in the public record.
[38:01.000 --> 38:07.000]  Now, you have had companies send you documents that make statements.
[38:07.000 --> 38:09.000]  You don't know if those statements are true or not.
[38:09.000 --> 38:11.000]  You don't know anything about those statements.
[38:11.000 --> 38:16.000]  What you find in the public record must be verified.
[38:16.000 --> 38:24.000]  And so long as it meets all the legal statutory requirements,
[38:24.000 --> 38:28.000]  you can pretty well accept that it's true.
[38:28.000 --> 38:37.000]  Unless you have reason to believe that some of the information in this document is incorrect,
[38:37.000 --> 38:39.000]  then you can accept that it's true.
[38:39.000 --> 38:44.000]  What you do know is that there is an original mortgage file in the record,
[38:44.000 --> 38:46.000]  because you can go in the record and see it.
[38:46.000 --> 38:54.000]  And you know that people or entities have sent you letters.
[38:54.000 --> 38:59.000]  And someone has sent you a lawsuit.
[38:59.000 --> 39:06.000]  And that lawsuit may say that I'm Recon Trust and I hold a claim to your property.
[39:06.000 --> 39:08.000]  You don't know if that's true or not.
[39:08.000 --> 39:13.000]  All you know is somebody sent you this document.
[39:13.000 --> 39:17.000]  And somebody signed this document.
[39:17.000 --> 39:20.000]  So she got his signature down at the bottom.
[39:20.000 --> 39:24.000]  But you don't know if any of that stuff he said is true.
[39:24.000 --> 39:28.000]  You only know that you got this document and this guy signed it.
[39:28.000 --> 39:36.000]  This guy who signed it made these proactive statements of law, of fact and law.
[39:36.000 --> 39:38.000]  And now you ask him to prove them up.
[39:38.000 --> 39:41.000]  You don't have to accept any of that stuff.
[39:41.000 --> 39:51.000]  You have to accept what you see filed in the public record for its face value.
[39:51.000 --> 39:58.000]  What I mean by that is you have to accept that this document has been filed in the public record.
[39:58.000 --> 40:02.000]  And that this person signed this document.
[40:02.000 --> 40:03.000]  But that's all.
[40:03.000 --> 40:05.000]  You don't have to accept the truth of the document.
[40:05.000 --> 40:08.000]  Just that it is there.
[40:08.000 --> 40:12.000]  What's filed in the public record, you know that.
[40:12.000 --> 40:19.000]  And documents you received, you know that you received these documents.
[40:19.000 --> 40:22.000]  And you know that certain people signed these documents.
[40:22.000 --> 40:26.000]  But you don't know anything else about those documents.
[40:26.000 --> 40:31.000]  You don't know if any of that stuff is true and you certainly don't have to accept it as true.
[40:31.000 --> 40:40.000]  So one of the things you have to go back and rethink this thing.
[40:40.000 --> 40:45.000]  What have you accepted without question?
[40:45.000 --> 40:50.000]  And from this purpose question everything.
[40:50.000 --> 40:56.000]  Every statement of supposed fact someone's given you, you ask yourself,
[40:56.000 --> 41:04.000]  what information do I have that establishes that that supposed fact is in fact true?
[41:04.000 --> 41:10.000]  If I don't have any evidence other than their say so, then it's not true.
[41:10.000 --> 41:22.000]  Because the evidence, a lawyer or let me see, I've lost exactly how to say this.
[41:22.000 --> 41:27.000]  The agency cannot be proven out of the mouth, the agents must be proven out of the mouth of the principal.
[41:27.000 --> 41:33.000]  This guy signs this document and he claims to be an agent for this company.
[41:33.000 --> 41:37.000]  And you don't know if he's an agent for this company or not.
[41:37.000 --> 41:40.000]  And he cannot prove it to you.
[41:40.000 --> 41:46.000]  His principal, whoever the company itself must prove it to you.
[41:46.000 --> 41:52.000]  One of the things I suggest you do while you're figuring out how to handle these guys,
[41:52.000 --> 42:00.000]  is go in every document that you've received, look who signed it,
[42:00.000 --> 42:07.000]  and send a letter to the entity they claim to be acting on the behalf of.
[42:07.000 --> 42:14.000]  And tell them that I have this letter from someone who claims to be an agent for your company.
[42:14.000 --> 42:25.000]  Please provide me with evidence of power of attorney for this person authorizing them to sign this document for your company.
[42:25.000 --> 42:29.000]  We've never got a response to those.
[42:29.000 --> 42:31.000]  Okay, you go to court.
[42:31.000 --> 42:32.000]  Yes.
[42:32.000 --> 42:41.000]  And they bring this document in and they make claims as to the veracity of the information in that document.
[42:41.000 --> 42:45.000]  Well, when a claim is made before the court,
[42:45.000 --> 42:54.000]  the court will accept the claim as true on its face, prima facie, until it's challenged.
[42:54.000 --> 43:00.000]  Once it's challenged, then the maker of the claim must prove it up.
[43:00.000 --> 43:06.000]  And in order to challenge it, you can't just say, well, I think that's garbage.
[43:06.000 --> 43:08.000]  That's not sufficient.
[43:08.000 --> 43:15.000]  You have to have prima facie evidence to indicate that it is not valid.
[43:15.000 --> 43:20.000]  So, Your Honor, I received this document from this company,
[43:20.000 --> 43:24.000]  and it was signed by this entity, this person who I didn't know.
[43:24.000 --> 43:30.000]  So I sent a request to the company for evidence of power of attorney for this person to sign for the company.
[43:30.000 --> 43:33.000]  And I didn't get back a response to that.
[43:33.000 --> 43:42.000]  So I have, based on that, I have reason to believe that this person does not have power of attorney to sign for the company.
[43:42.000 --> 43:46.000]  That's prima facie evidence to indicate that the document is not valid.
[43:46.000 --> 43:50.000]  Now, they have to overcome your prima facie evidence.
[43:50.000 --> 43:51.000]  Hang on.
[43:51.000 --> 43:53.000]  Randy Kelton, Real World Radio.
[43:53.000 --> 43:54.000]  I'll call his number.
[43:54.000 --> 43:56.000]  512-646-1984.
[43:56.000 --> 44:00.000]  We'll be right back.
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[44:37.000 --> 44:43.000]  That's 512-264-4043, naturespureorganics.com.
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[44:47.000 --> 45:01.000]  Naturespureorganics.com.
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[46:02.000 --> 46:25.000]  MUSIC
[46:25.000 --> 46:30.000]  Always I must be careful what I'm wishing for
[46:30.000 --> 46:33.000]  When I'm hungry, I like to know just what I want
[46:33.000 --> 46:40.000]  Okay, we are back. Randy Kelton, Rule of Law Radio, and we're talking to Dan in Pennsylvania.
[46:40.000 --> 46:45.000]  Dan, I think we've gotten past most of the details.
[46:45.000 --> 46:55.000]  Hardest thing for you to do is to step away from this thing and look at it from a different perspective.
[46:55.000 --> 47:04.000]  And what I'm going to suggest you do, first thing, is sit down and write out a timeline.
[47:04.000 --> 47:13.000]  Start out with, on this day, we entered into a mortgage agreement with this company.
[47:13.000 --> 47:18.000]  And then on this day, something else occurred. On this day, something else occurred.
[47:18.000 --> 47:23.000]  And put each one on a separate line.
[47:23.000 --> 47:29.000]  Get everything in time, in place.
[47:29.000 --> 47:39.000]  And this will organize everything that's going on in your mind in a way that you can address issues in context.
[47:39.000 --> 47:48.000]  When you're talking to us, you generally talk to things that stood out in your mind at the time.
[47:48.000 --> 47:56.000]  And you'll talk about this one, and it'll make an internal link to another one, and you'll jump to it.
[47:56.000 --> 48:02.000]  But you leave this space in between. You know it's there. But your listener doesn't.
[48:02.000 --> 48:10.000]  This is really important if you're either talking to a lawyer or writing pleadings.
[48:10.000 --> 48:15.000]  It's really important that you don't leave empty spaces.
[48:15.000 --> 48:22.000]  Because the first time you leave an empty space, your listener or your reader is mentally stopped.
[48:22.000 --> 48:30.000]  They got this question in your brain, and you're moving down the road, and they're back here trying to get this question answered.
[48:30.000 --> 48:37.000]  A timeline will help you to get everything in order.
[48:37.000 --> 48:48.000]  So when you're telling something and you jump over a place, you'll make reference to, well, this happened here, but three months later, this happened.
[48:48.000 --> 48:54.000]  So now your listener's not wondering what happened in those three months because you've referenced them.
[48:54.000 --> 49:01.000]  And they weren't important to the issue, so we can jump down this empty space. Does that make sense, Dan?
[49:01.000 --> 49:09.000]  Oh yeah, yeah. I got a question. The quiet title, can I do that at the same time I change from Chapter 13 to 7?
[49:09.000 --> 49:19.000]  Yeah, the quiet title is totally separate. A bankruptcy is in the federal court. Quiet title is in the state court.
[49:19.000 --> 49:21.000]  First thing, you need to...
[49:21.000 --> 49:23.000]  Should I do that at the same time as the bankruptcy?
[49:23.000 --> 49:27.000]  Yeah, same time. They're separate issues.
[49:27.000 --> 49:33.000]  If you win the quiet title, then the other becomes a done deal.
[49:33.000 --> 49:40.000]  But you may not have to do quiet title if the other side can't prove up their position.
[49:40.000 --> 49:49.000]  But first, get a timeline. It's really hard to know what is actually going on until you have a timeline.
[49:49.000 --> 49:55.000]  And that is much, much harder than it sounds.
[49:55.000 --> 50:06.000]  Part of the reason for me asking for a timeline is I've dealt with a lot of people who've been in these horrendous fights with banks.
[50:06.000 --> 50:11.000]  And it causes a serious emotional toll on people.
[50:11.000 --> 50:21.000]  The timeline will help you get that expelled. It will be much, much harder to write than you can imagine.
[50:21.000 --> 50:30.000]  Because all of these times that you've had emotional turmoil over this, this timeline will drag all that back up.
[50:30.000 --> 50:34.000]  It is extremely difficult to do this.
[50:34.000 --> 50:44.000]  But I find that people who don't have the discipline to do that will never be able to fight the case.
[50:44.000 --> 51:00.000]  So put together a timeline and then go to the county. Is it the Prothonotary in Pennsylvania who handles the county records or do you have a separate registrar of deeds?
[51:00.000 --> 51:04.000]  Prothonotary with the registrar of deeds is in the same.
[51:04.000 --> 51:09.000]  Okay, that's generally the way it is. So go to the Prothonotary.
[51:09.000 --> 51:19.000]  Tell the Prothonotary that you're an old guy and you're computer intolerant.
[51:19.000 --> 51:32.000]  Will you run a search on this property and give me a list of everything that's been filed on this property since I got a warranty deed audit on this date?
[51:32.000 --> 51:43.000]  They'll generally say, oh, sure. They'll run you off a list. When you've got that list in your hand, that's important.
[51:43.000 --> 51:48.000]  You have a right to trust what you see in the public record.
[51:48.000 --> 51:57.000]  But if you're like me, you're an older guy, we're used to everything being in hard copy. Now they've all went to computers.
[51:57.000 --> 52:03.000]  So we can pretend we don't know how to look all this up and get the clerk to do it for us.
[52:03.000 --> 52:11.000]  So we go down to the clerk's office and the clerk gives us this list. This is all you want to see.
[52:11.000 --> 52:23.000]  If there actually is something else filed in the record and they filed it in the wrong place, like a friend of mine owned this house before he got married, he gets married.
[52:23.000 --> 52:32.000]  He gets a home equity loan on the property and they filed the deed of trust in his wife's name.
[52:32.000 --> 52:37.000]  I ran his name. I came up with no deed of trust.
[52:37.000 --> 52:44.000]  So I only want to see what's filed, what's properly filed.
[52:44.000 --> 52:56.000]  If I know another document's there but the clerk can't find it, if the clerk can't find it, I can't be expected to find it.
[52:56.000 --> 53:02.000]  So you can go to the court and say, Your Honor, they claim this document's filed in the public record.
[53:02.000 --> 53:11.000]  On this day, at this time, I had the clerk run a search and this is what the clerk can find.
[53:11.000 --> 53:23.000]  And that document's not there. So even if they filed it, they filed it improperly such that it is not publicly available and therefore is void.
[53:23.000 --> 53:26.000]  Does that make sense?
[53:26.000 --> 53:29.000]  Yeah, they'll even certify it to York County.
[53:29.000 --> 53:37.000]  You don't need to certify it. They won't certify that search, but you don't care.
[53:37.000 --> 53:48.000]  I have never had a search itself questioned because when the county prints out the search, it's on their documents, on their paperwork, it's in their form.
[53:48.000 --> 53:55.000]  You can always go down and ask the clerk to come in and say, Does this look like your form? Does this look like something printed out of your computer?
[53:55.000 --> 54:03.000]  They'll verify all that. We've never had a lawyer argue that one of those was not valid.
[54:03.000 --> 54:12.000]  What they argue is, Oh, well, they had to do a search this way. Sorry, Bubba.
[54:12.000 --> 54:16.000]  If they have to search this way, it is not properly filed.
[54:16.000 --> 54:25.000]  So that will be all you need and get copies of every document. They don't have to be certified.
[54:25.000 --> 54:31.000]  Best if you can ask the clerk to email those documents to you.
[54:31.000 --> 54:42.000]  Generally, when I go to a registrar of deeds or a county clerk and I want copies of documents, they want to charge me for the copies.
[54:42.000 --> 54:52.000]  I ask them, Well, instead of you're going to have to scan that in or you already have it scanned in, can you just email those to me instead?
[54:52.000 --> 54:55.000]  Because I would really rather have them in electronic format.
[54:55.000 --> 55:03.000]  And they do say, Sure, no problem. They'll still charge you for the copies. And I never complained about that. Don't ask for certified. You don't need them.
[55:03.000 --> 55:10.000]  If you get to court and they question a certain document, you may have to get a certified document, a copy of that document.
[55:10.000 --> 55:16.000]  But if they don't question it, you don't need it. And I've never had my documents questioned.
[55:16.000 --> 55:25.000]  So you pay the 10 cents or 20 cents, whatever it is, a page instead of the dollar or $2.
[55:25.000 --> 55:38.000]  You want to have in your hand everything that's filed in the record so that you can say this is what is filed and nothing else.
[55:38.000 --> 55:40.000]  That's important.
[55:40.000 --> 55:57.000]  When I have people sending me the documentation, I need to know that I've got everything in the record so that I know for certain has not been filed in the record or what has not been properly filed.
[55:57.000 --> 56:03.000]  Once you have those, then you need to line them up in chronological order.
[56:03.000 --> 56:12.000]  And the way I do that is like I would put Dan, because I have a bunch of them, so I know who it goes to.
[56:12.000 --> 56:21.000]  I put the year dash the month in numerals, not in text and the day.
[56:21.000 --> 56:43.000]  So it would be like 2015 dash 7 dash 31, space what the document is. If you name them with that convention, when you save them and open up the folder they're in, they'll all align themselves in chronological order.
[56:43.000 --> 56:52.000]  It's very important that you have all these documents lined up in the order of the dates on the documents.
[56:52.000 --> 56:58.000]  Then you can go down the documents and see what has been filed and when.
[56:58.000 --> 57:07.000]  This is where I find most of my claims against the lenders when I line those documents up in order.
[57:07.000 --> 57:18.000]  And I see a filing in the record and above that filing there are no filings related to this.
[57:18.000 --> 57:27.000]  I would look at that and say Resolution Trust is transferring the property or the claim to somebody else.
[57:27.000 --> 57:37.000]  Then I'm going to back up and say is there anything above this that granted Resolution Trust a claim on the property.
[57:37.000 --> 57:44.000]  And if I don't find anything there, then I get to do a quiet title on that document.
[57:44.000 --> 57:50.000]  Because when you do quiet title, it's all about what's in the public record.
[57:50.000 --> 57:59.000]  I was in a foreclosure hearing, the lawyer for the other side, for the bank, came up and said, Your Honor, we have this deed of trust.
[57:59.000 --> 58:03.000]  We want to get the person from the property in objection, Your Honor.
[58:03.000 --> 58:05.000]  Now what's your objection, Mr. Kelton?
[58:05.000 --> 58:10.000]  Well I looked in the public record and I found no deed of trust in the public record.
[58:10.000 --> 58:14.000]  And the judge said, well, Mr. Kelton, he has one right here.
[58:14.000 --> 58:16.000]  Yes, Your Honor, he does.
[58:16.000 --> 58:20.000]  But that one has not been filed in the public record.
[58:20.000 --> 58:25.000]  Therefore, you cannot see it.
[58:25.000 --> 58:27.000]  This was a corrupt judge.
[58:27.000 --> 58:29.000]  I'm going to kick his behind.
[58:29.000 --> 58:31.000]  But he was really stuck on that one.
[58:31.000 --> 58:34.000]  Yeah, it may exist.
[58:34.000 --> 58:40.000]  But if it hasn't been filed in the public record, they cannot bring it before the court.
[58:40.000 --> 58:47.000]  Hang on, Randy Kelton, Rue de la Radio, I'll call it number 512-646-1984.
[58:47.000 --> 58:50.000]  Shane, I see you there. We'll get to you.
[58:50.000 --> 58:54.000]  Would you like to make more definite progress in your walk with God?
[58:54.000 --> 59:01.000]  Bibles for America is offering a free study Bible and a set of free Christian books that can really help.
[59:01.000 --> 59:06.000]  The New Testament Recovery Version is one of the most comprehensive study Bibles available today.
[59:06.000 --> 59:13.000]  It's an accurate translation, and it contains thousands of footnotes that will help you to know God and to know the meaning of life.
[59:13.000 --> 59:18.000]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:18.000 --> 59:24.000]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation,
[59:24.000 --> 59:28.000]  growing in Christ, and how to build up the Church.
[59:28.000 --> 59:34.000]  To order your free New Testament Recovery Version and Basic Elements of the Christian Life,
[59:34.000 --> 59:41.000]  call Bibles for America toll-free at 888-551-0102.
[59:41.000 --> 59:45.000]  That's 888-551-0102.
[59:45.000 --> 59:50.000]  Or visit us online at bfa.org.
[59:50.000 --> 01:00:01.000]  You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:01.000 --> 01:00:05.000]  We're following these flashes brought to you by the Lone Star Lowdown,
[01:00:05.000 --> 01:00:10.000]  providing your daily bulletins for the commodities market, Today in History,
[01:00:10.000 --> 01:00:21.000]  news updates, and the inside scoop into the tides of the alternative.
[01:00:21.000 --> 01:00:27.000]  Markets for the 31st of July, 2013, open up with gold at $1,094.65 an ounce,
[01:00:27.000 --> 01:00:32.000]  silver at $14.72 an ounce, Texas crude at $48.52 a barrel,
[01:00:32.000 --> 01:00:42.000]  and Bitcoin is currently sitting at about $285 U.S. currency.
[01:00:42.000 --> 01:00:47.000]  Today in History, Saturday, July 31, 1999, the Lunar Prospector Drone,
[01:00:47.000 --> 01:00:50.000]  part of NASA's Discovery Program, comes to a crashing end.
[01:00:50.000 --> 01:00:55.000]  The 19th-month-long mission was designed for a low-polar orbital analysis of the Moon,
[01:00:55.000 --> 01:00:59.000]  including mapping of a surface and detection of possible polar ice deposits,
[01:00:59.000 --> 01:01:04.000]  measurements in the magnetic and gravitational field, and the study of lunar outgassing.
[01:01:04.000 --> 01:01:07.000]  The orbiter was deliberately crashed into a crater near the South Pole
[01:01:07.000 --> 01:01:14.000]  after the presence of water ice was successfully detected.
[01:01:14.000 --> 01:01:18.000]  In recent news, Facebook is planning on using solar-powered drones
[01:01:18.000 --> 01:01:22.000]  with wingspans comparable to a Boeing 737, crisscrossing the planet
[01:01:22.000 --> 01:01:25.000]  for providing roughly 4 billion people across the world with Internet.
[01:01:25.000 --> 01:01:28.000]  Facebook announced yesterday that its first drone, the Aquila,
[01:01:28.000 --> 01:01:33.000]  is already in flight testing in the upper atmosphere as part of its Internet.org initiative.
[01:01:33.000 --> 01:01:37.000]  What's the goal? To have hundreds of drones floating upwards with the help of helium balloons,
[01:01:37.000 --> 01:01:41.000]  which would then circle the globe at roughly 60,000 to 90,000 feet
[01:01:41.000 --> 01:01:43.000]  way above commercial airliners and weather systems.
[01:01:43.000 --> 01:01:46.000]  It turns out that this is more valuable of a solution
[01:01:46.000 --> 01:01:49.000]  than building infrastructure in many remote places in Africa,
[01:01:49.000 --> 01:01:51.000]  which would be quantitatively much more expensive.
[01:01:51.000 --> 01:01:54.000]  The company still has plenty of work to do before this project becomes a reality.
[01:01:54.000 --> 01:01:57.000]  It needs to develop a longer-lasting battery and test its lasers,
[01:01:57.000 --> 01:02:02.000]  which it says already can send a signal to a target the size of a dime from 10 miles away.
[01:02:02.000 --> 01:02:09.000]  Google is also looking into similar solutions.
[01:02:09.000 --> 01:02:12.000]  The New York Police Department handed 54 participants body cameras
[01:02:12.000 --> 01:02:14.000]  when it started its pilot program last December.
[01:02:14.000 --> 01:02:18.000]  Today they released a 71-page report reviewing the program thus far.
[01:02:18.000 --> 01:02:21.000]  The report calls for stricter guidelines before the program expands
[01:02:21.000 --> 01:02:25.000]  and offers 23 suggestions that can both improve police-community relations
[01:02:25.000 --> 01:02:27.000]  and protect the safety of officers and the public,
[01:02:27.000 --> 01:02:32.000]  covering issues such as camera activation, protecting the anonymity of certain groups,
[01:02:32.000 --> 01:02:34.000]  retention periods, and footage access.
[01:02:34.000 --> 01:02:37.000]  A notable issue NYPD Inspector General Philip Uris said
[01:02:37.000 --> 01:02:41.000]  was that they found that officers generally don't know when it's appropriate to use the cameras.
[01:02:41.000 --> 01:02:46.000]  NYPD officers are trained to turn on their cameras only when there's reasonable suspicion
[01:02:46.000 --> 01:02:50.000]  of a crime happening during traffic stops and during incidents where forces use,
[01:02:50.000 --> 01:02:55.000]  but those limits are too restrictive to fully capture the wide range of police-community encounters.
[01:02:55.000 --> 01:03:01.000]  This is your Lowdown for July 31, 2013.
[01:03:01.000 --> 01:03:16.000]  Music
[01:03:16.000 --> 01:03:24.000]  Music
[01:03:24.000 --> 01:03:31.000]  Music
[01:03:31.000 --> 01:03:33.000]  Okay, we are back.
[01:03:33.000 --> 01:03:35.000]  Randy Kelton here with our radio.
[01:03:35.000 --> 01:03:37.000]  We're talking to Dan in Pennsylvania.
[01:03:37.000 --> 01:03:41.000]  And Dan, I know I may be sounding a little pedantic
[01:03:41.000 --> 01:03:47.000]  and I'm going over these seemingly simplistic details,
[01:03:47.000 --> 01:03:57.000]  but 95% of everything we do is buried in about 5% of what we need to know.
[01:03:57.000 --> 01:04:00.000]  Just some basic stuff on the front end.
[01:04:00.000 --> 01:04:06.000]  We get that down and that sets us up to really take these guys on.
[01:04:06.000 --> 01:04:10.000]  And this particular information, people who listen to my show a lot,
[01:04:10.000 --> 01:04:15.000]  they hear this over and over and they need to.
[01:04:15.000 --> 01:04:19.000]  The first thing is get all your facts in order
[01:04:19.000 --> 01:04:27.000]  and then find the law as it applies to your facts and you will be way ahead of the game.
[01:04:27.000 --> 01:04:32.000]  And here, the primary fact you need to know as concerns,
[01:04:32.000 --> 01:04:38.000]  someone coming to you making a claim that you owe them money.
[01:04:38.000 --> 01:04:41.000]  You owe them United States dollars.
[01:04:41.000 --> 01:04:47.000]  Someone comes to you and claims that you owe them money in United States dollars
[01:04:47.000 --> 01:04:51.000]  and you dispute their claim.
[01:04:51.000 --> 01:04:57.000]  They have a duty under the Uniform Commercial Code to prove up their claim.
[01:04:57.000 --> 01:05:00.000]  And here we have someone trying to foreclose
[01:05:00.000 --> 01:05:05.000]  and you don't know who in the heck these people are.
[01:05:05.000 --> 01:05:13.000]  Do they actually hold a claim against your property?
[01:05:13.000 --> 01:05:15.000]  You there, Dan?
[01:05:15.000 --> 01:05:17.000]  Yes, yes, I'm here.
[01:05:17.000 --> 01:05:21.000]  Do these people actually hold a claim against your property?
[01:05:21.000 --> 01:05:24.000]  They have all the mortgage transfers, you know,
[01:05:24.000 --> 01:05:27.000]  and it's always held in trust for us.
[01:05:27.000 --> 01:05:28.000]  Okay, wait a minute, wait a minute.
[01:05:28.000 --> 01:05:31.000]  You said they hold the mortgage.
[01:05:31.000 --> 01:05:34.000]  How do you know they hold the mortgage?
[01:05:34.000 --> 01:05:37.000]  Yes, they have to prove it up.
[01:05:37.000 --> 01:05:38.000]  Yeah.
[01:05:38.000 --> 01:05:42.000]  There's a document in the county.
[01:05:42.000 --> 01:05:52.000]  It's important that you exercise care in how you use your language
[01:05:52.000 --> 01:05:57.000]  because what you say goes out your mouth and comes back in years.
[01:05:57.000 --> 01:05:59.000]  And a lot of times, if we're not careful,
[01:05:59.000 --> 01:06:01.000]  we convince ourselves of things that aren't true.
[01:06:01.000 --> 01:06:03.000]  And here, be very careful.
[01:06:03.000 --> 01:06:13.000]  These guys have made a claim that they are the holder of an indebtedness.
[01:06:13.000 --> 01:06:16.000]  That's all you know.
[01:06:16.000 --> 01:06:18.000]  Prove it up, bubba.
[01:06:18.000 --> 01:06:23.000]  And best way to do that, you're already in bankruptcy.
[01:06:23.000 --> 01:06:29.000]  And there's a Schedule D where you list your unsecured debt.
[01:06:29.000 --> 01:06:34.000]  You should, even if you don't go to a seven, you can do this in Chapter 13,
[01:06:34.000 --> 01:06:44.000]  just move the mortgage claim to unsecured.
[01:06:44.000 --> 01:06:49.000]  So what you're saying, you're not saying there's not a mortgage.
[01:06:49.000 --> 01:06:56.000]  You're just saying, I don't know if this is the guy who has the right to collect on that mortgage
[01:06:56.000 --> 01:07:04.000]  because under the UCC, if I make payment on a debt to the wrong entity,
[01:07:04.000 --> 01:07:08.000]  the debt's not extinguished, so I have a duty of due diligence
[01:07:08.000 --> 01:07:15.000]  to ensure that when I send someone payment on a debt that they are the correct entity.
[01:07:15.000 --> 01:07:20.000]  And the banks cannot claim good faith in this matter
[01:07:20.000 --> 01:07:28.000]  because the banks have been found over and over again to be making a claim of holder status
[01:07:28.000 --> 01:07:33.000]  that they could not legally support.
[01:07:33.000 --> 01:07:37.000]  Now, we're not saying that they didn't have a claim.
[01:07:37.000 --> 01:07:43.000]  We're not saying that they weren't the true and bona fide holder,
[01:07:43.000 --> 01:07:47.000]  only that they can't prove it.
[01:07:47.000 --> 01:07:52.000]  If you stipulate to the debt, they don't have to prove it.
[01:07:52.000 --> 01:07:58.000]  But if you dispute the debt, call the debt unsecured, and in this case you're in bankruptcy.
[01:07:58.000 --> 01:08:04.000]  So you get the trustee essentially on your side
[01:08:04.000 --> 01:08:13.000]  because the trustee wants to make sure that all of the qualified debtors get paid.
[01:08:13.000 --> 01:08:19.000]  So he doesn't want to take part of the estate and give it to someone who doesn't have a right to it.
[01:08:19.000 --> 01:08:22.000]  Does that make sense?
[01:08:22.000 --> 01:08:24.000]  Oh yeah, yeah.
[01:08:24.000 --> 01:08:30.000]  When I asked her about it, she said that it was already proven in the county court of their claim,
[01:08:30.000 --> 01:08:35.000]  but I guess she didn't want to dispute it.
[01:08:35.000 --> 01:08:39.000]  Even under 13, I can have it moved to unsecured.
[01:08:39.000 --> 01:08:42.000]  Wait, who did you, when you asked who?
[01:08:42.000 --> 01:08:46.000]  My bankruptcy lawyer.
[01:08:46.000 --> 01:08:50.000]  I said, are we going to make and prove the debt?
[01:08:50.000 --> 01:08:54.000]  And she said no, it was already established in York County.
[01:08:54.000 --> 01:08:58.000]  Ask your lawyer how it was established.
[01:08:58.000 --> 01:09:00.000]  Okay.
[01:09:00.000 --> 01:09:04.000]  Yeah, already established in the county.
[01:09:04.000 --> 01:09:07.000]  Was there some kind of hearing in the county?
[01:09:07.000 --> 01:09:19.000]  I had a foreclosure hearing, so they came up with all these numbers of back payments and so forth.
[01:09:19.000 --> 01:09:25.000]  And it was already done by the servicing company.
[01:09:25.000 --> 01:09:34.000]  Okay, so you've already went through foreclosure and they got an order in their favor.
[01:09:34.000 --> 01:09:35.000]  Yes, yeah.
[01:09:35.000 --> 01:09:46.000]  Okay, when they moved to foreclose, did your lawyer challenge their agency standing and capacity?
[01:09:46.000 --> 01:09:49.000]  No.
[01:09:49.000 --> 01:09:55.000]  You should sue that lawyer for the value of the property.
[01:09:55.000 --> 01:09:58.000]  That's malpractice.
[01:09:58.000 --> 01:10:06.000]  If I came to you and said you owe me X amount of dollars on this property and you hire a lawyer,
[01:10:06.000 --> 01:10:12.000]  and he doesn't ask me to prove up my standing, he owes you the amount.
[01:10:12.000 --> 01:10:15.000]  This lawyer did not challenge these people.
[01:10:15.000 --> 01:10:19.000]  He owes you the amount of the property.
[01:10:19.000 --> 01:10:27.000]  Lawyers are incredibly incompetent, and they're incompetent because litigants allow them to be incompetent
[01:10:27.000 --> 01:10:29.000]  because they don't know any better.
[01:10:29.000 --> 01:10:34.000]  Litigants have been led to believe that these lawyers know what they're doing.
[01:10:34.000 --> 01:10:41.000]  I can tell you for certain they do not have a clue.
[01:10:41.000 --> 01:10:46.000]  Give me any lawyer who wants to talk to me about foreclosure.
[01:10:46.000 --> 01:10:52.000]  Give him ten minutes and I'll have him running like a rabbit wanting a way out of here
[01:10:52.000 --> 01:11:00.000]  because he's afraid he'll get sanctions just talking to me because he has no idea.
[01:11:00.000 --> 01:11:08.000]  Your lawyer, they specialize in certain areas, so they do the exact same thing over and over.
[01:11:08.000 --> 01:11:14.000]  You go to the lawyer, you have an issue, oh yeah, I'll have to have a $10,000 retainer,
[01:11:14.000 --> 01:11:21.000]  and he charges you $300 to write this motion, $500 to write this motion,
[01:11:21.000 --> 01:11:25.000]  but he goes over to his filing cabinet, opens the filing cabinet, takes out the blank motion,
[01:11:25.000 --> 01:11:32.000]  fills in the blank, drops it on the court and charges you $500 for it.
[01:11:32.000 --> 01:11:35.000]  He's probably filed that motion a hundred times.
[01:11:35.000 --> 01:11:43.000]  He only addresses the exact same issues all the time, makes no difference what your case is.
[01:11:43.000 --> 01:11:50.000]  He's not going to take up on something unusual because he's terrified of the courts.
[01:11:50.000 --> 01:11:59.000]  If he files a motion that misuses case law, that cites case law that's been overturned
[01:11:59.000 --> 01:12:04.000]  or gets the wrong case cited, he can be sanctioned.
[01:12:04.000 --> 01:12:08.000]  And under sanctions, a judge can sanction them anything they want to.
[01:12:08.000 --> 01:12:12.000]  There's no rules or guidelines.
[01:12:12.000 --> 01:12:18.000]  If he makes an argument that's already been adjudicated, he can be sanctioned.
[01:12:18.000 --> 01:12:25.000]  So lawyers are terrified about doing anything they haven't done, and that's why they hate procès.
[01:12:25.000 --> 01:12:29.000]  Because procès ask questions that haven't been asked before,
[01:12:29.000 --> 01:12:35.000]  and now the lawyers put in a position where he actually has to do new research,
[01:12:35.000 --> 01:12:39.000]  and because this is not something that's been done a hundred times,
[01:12:39.000 --> 01:12:44.000]  he can make a mistake and get zapped by the court.
[01:12:44.000 --> 01:12:48.000]  It's not so much an indictment of lawyers.
[01:12:48.000 --> 01:12:56.000]  Don't expect your lawyer to risk ruining his professional career to adjudicate your rights.
[01:12:56.000 --> 01:12:58.000]  He's in business.
[01:12:58.000 --> 01:13:05.000]  So he's going to weigh what he does against the potential blowback from the courts.
[01:13:05.000 --> 01:13:08.000]  He is not Perry Mason.
[01:13:08.000 --> 01:13:17.000]  So in order to get good adjudication, you have to learn how to handle your lawyer.
[01:13:17.000 --> 01:13:24.000]  Here, you need to go back and tell your lawyer that he needs to file a challenge
[01:13:24.000 --> 01:13:31.000]  subject matter jurisdiction in the foreclosure case.
[01:13:31.000 --> 01:13:38.000]  Subject matter jurisdiction can be challenged anytime, no matter how remote in history.
[01:13:38.000 --> 01:13:46.000]  Because if the plaintiff never had agency standing or capacity,
[01:13:46.000 --> 01:13:51.000]  agency as an agency to represent a principal,
[01:13:51.000 --> 01:13:57.000]  the principal must have had standing in form of a bona fide claim
[01:13:57.000 --> 01:14:00.000]  and the legal capacity to foreclose.
[01:14:00.000 --> 01:14:07.000]  When did this foreclosure occur, this latest one?
[01:14:07.000 --> 01:14:14.000]  March of 2014, the last evidence you're hearing, man.
[01:14:14.000 --> 01:14:17.000]  Okay, we need you to check.
[01:14:17.000 --> 01:14:25.000]  Send me an email to randy at ruleoflawradio.com.
[01:14:25.000 --> 01:14:32.000]  And I will forward it to let us ask Leslie about the statute of limitations.
[01:14:32.000 --> 01:14:37.000]  If your lawyer allowed these people to sue you for foreclosure
[01:14:37.000 --> 01:14:40.000]  after the statute of limitations has run,
[01:14:40.000 --> 01:14:45.000]  you need to sue the lawyer for the bad review of the property.
[01:14:45.000 --> 01:14:48.000]  That's about practice.
[01:14:48.000 --> 01:14:53.000]  That's a dead-bang easy claim.
[01:14:53.000 --> 01:14:57.000]  And the reason you can still make a subject matter jurisdiction challenge
[01:14:57.000 --> 01:15:02.000]  is if the court did not have subject matter jurisdiction,
[01:15:02.000 --> 01:15:06.000]  then they had no power to give a ruling.
[01:15:06.000 --> 01:15:09.000]  So any ruling they would have given is void.
[01:15:09.000 --> 01:15:12.000]  It's not voidable, it's void.
[01:15:12.000 --> 01:15:14.000]  Void, yeah.
[01:15:14.000 --> 01:15:19.000]  Example, you get a ticket and you don't trust the local judge.
[01:15:19.000 --> 01:15:24.000]  So I tell you, well, I tell you what, Dan, how about you make me the judge?
[01:15:24.000 --> 01:15:27.000]  And I'll do the hearing.
[01:15:27.000 --> 01:15:36.000]  What can you do to make me the judge and give me standing to adjudicate your ticket?
[01:15:36.000 --> 01:15:38.000]  Yeah, nothing.
[01:15:38.000 --> 01:15:40.000]  You can't make me a judge.
[01:15:40.000 --> 01:15:46.000]  And so we have a lot of people out here in the patriot mythology area who say,
[01:15:46.000 --> 01:15:50.000]  oh, you got to be careful what you do, you give the court jurisdiction.
[01:15:50.000 --> 01:15:56.000]  Now, you can give a court impersonal jurisdiction, jurisdiction over your person,
[01:15:56.000 --> 01:16:01.000]  but you cannot give a court subject matter jurisdiction.
[01:16:01.000 --> 01:16:06.000]  A court either has subject matter jurisdiction as a matter of law or he doesn't.
[01:16:06.000 --> 01:16:10.000]  There's nothing you can do that would give it to it.
[01:16:10.000 --> 01:16:16.000]  And what it takes to give the judge subject matter jurisdiction in this case,
[01:16:16.000 --> 01:16:23.000]  the part we're interested in, is the parties who brought the claim
[01:16:23.000 --> 01:16:29.000]  must have the legal capacity to invoke the subject matter jurisdiction of the court.
[01:16:29.000 --> 01:16:35.000]  Doesn't matter if they have standing, they must also have legal capacity.
[01:16:35.000 --> 01:16:41.000]  In this case, if the claimant was a bona fide holder of the note, according to the county record,
[01:16:41.000 --> 01:16:47.000]  they still don't have capacity because statute of limitations is right.
[01:16:47.000 --> 01:16:50.000]  Hang on, we'll be right back.
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[01:19:24.000 --> 01:19:31.000]  Okay, we are back.
[01:19:31.000 --> 01:19:33.000]  Ren Keltan, Blue Radio.
[01:19:33.000 --> 01:19:36.000]  We're talking to Dan in Pennsylvania.
[01:19:36.000 --> 01:19:39.000]  And I just got a Skype from Jeff Sedgwick.
[01:19:39.000 --> 01:19:43.000]  He calls in to show or not.
[01:19:43.000 --> 01:19:46.000]  About subject matter jurisdiction.
[01:19:46.000 --> 01:19:50.000]  A court of general limited or inferior jurisdiction.
[01:19:50.000 --> 01:19:55.000]  And inferior means like a justice of the peace or municipal court
[01:19:55.000 --> 01:19:58.000]  where the judge is not necessarily a lawyer.
[01:19:58.000 --> 01:20:02.000]  A court of general limited or inferior jurisdiction.
[01:20:02.000 --> 01:20:08.000]  Get their jurisdiction from one source and one source only.
[01:20:08.000 --> 01:20:10.000]  Sufficient pleadings.
[01:20:10.000 --> 01:20:15.000]  Someone before the court must tell the court what its jurisdiction is.
[01:20:15.000 --> 01:20:20.000]  Without pleading sufficient to empower the court to act,
[01:20:20.000 --> 01:20:24.000]  that court cannot have legal judicial capacity.
[01:20:24.000 --> 01:20:30.000]  No judge has the power to determine whether he has jurisdiction.
[01:20:30.000 --> 01:20:35.000]  Jurisdiction must be proven on the fourth, on the record.
[01:20:35.000 --> 01:20:40.000]  He does not have the duty to tell when he does not.
[01:20:40.000 --> 01:20:46.000]  I'm sorry. He does not have the duty to tell when he does not.
[01:20:46.000 --> 01:20:48.000]  That confused me.
[01:20:48.000 --> 01:20:55.000]  But the point is, jurisdiction, subject matter jurisdiction is presumed
[01:20:55.000 --> 01:20:57.000]  until it's challenged.
[01:20:57.000 --> 01:21:02.000]  Once it's challenged, the court has effectively lost jurisdiction.
[01:21:02.000 --> 01:21:06.000]  Now it must be proven by the pleadings.
[01:21:06.000 --> 01:21:13.000]  So go back and look at the original petition.
[01:21:13.000 --> 01:21:20.000]  How did the original petitioner establish jurisdiction?
[01:21:20.000 --> 01:21:25.000]  And then look at that and go back and look at the public record
[01:21:25.000 --> 01:21:28.000]  because the only place he can get it is in the public record.
[01:21:28.000 --> 01:21:33.000]  And if his claim of jurisdiction doesn't match what you find in the
[01:21:33.000 --> 01:21:39.000]  auditor's office, then you go back and develop a challenge
[01:21:39.000 --> 01:21:45.000]  subject matter jurisdiction and ask that the ruling be overturned
[01:21:45.000 --> 01:21:49.000]  and the case be dismissed because I'm sure you're going to be passed
[01:21:49.000 --> 01:21:53.000]  statute of limitations.
[01:21:53.000 --> 01:21:56.000]  And that's my story and I'm sticking to it.
[01:21:56.000 --> 01:22:01.000]  All right. I think we've covered most of the thing right now.
[01:22:01.000 --> 01:22:05.000]  I'll send you an email for your request for this information.
[01:22:05.000 --> 01:22:07.000]  Good, good.
[01:22:07.000 --> 01:22:11.000]  And I'll get that to Liz and to Chris and see if I can get them in touch
[01:22:11.000 --> 01:22:13.000]  with you because they fought this battle already.
[01:22:13.000 --> 01:22:16.000]  They'll be able to save you a lot of time.
[01:22:16.000 --> 01:22:18.000]  Yes, I appreciate it.
[01:22:18.000 --> 01:22:19.000]  Okay.
[01:22:19.000 --> 01:22:21.000]  Thank you very much, Dan.
[01:22:21.000 --> 01:22:22.000]  Okay.
[01:22:22.000 --> 01:22:24.000]  Now we're going to go to Shane in New York.
[01:22:24.000 --> 01:22:31.000]  Hello, Shane.
[01:22:31.000 --> 01:22:35.000]  Are you there?
[01:22:35.000 --> 01:22:36.000]  Hello, Shane.
[01:22:36.000 --> 01:22:38.000]  I think maybe we put Shane to sleep.
[01:22:38.000 --> 01:22:40.000]  I had you on mute there for a second.
[01:22:40.000 --> 01:22:43.000]  Okay.
[01:22:43.000 --> 01:22:44.000]  Okay.
[01:22:44.000 --> 01:22:46.000]  What do you have for us?
[01:22:46.000 --> 01:22:47.000]  Really quick.
[01:22:47.000 --> 01:22:53.000]  I want to let you know that we filed a lawsuit several months ago
[01:22:53.000 --> 01:22:58.000]  for a closure proceeding that moved forward with the lost note after David.
[01:22:58.000 --> 01:23:03.000]  They found out it wasn't lost from William McCaffrey and many other issues.
[01:23:03.000 --> 01:23:09.000]  But everything was executed by the marshals and it came back un-executed.
[01:23:09.000 --> 01:23:14.000]  They can't find the lead party for the suit, so it just came back like two weeks ago.
[01:23:14.000 --> 01:23:19.000]  And it's been un-executed, so we hired a private process server and he claims...
[01:23:19.000 --> 01:23:20.000]  Wait a minute.
[01:23:20.000 --> 01:23:23.000]  Hold on. Move the mic a little bit away from your mouth.
[01:23:23.000 --> 01:23:27.000]  You're getting a bit of distortion there.
[01:23:27.000 --> 01:23:32.000]  And you're obviously a foreigner.
[01:23:32.000 --> 01:23:35.000]  You're not from Texas.
[01:23:35.000 --> 01:23:36.000]  Right.
[01:23:36.000 --> 01:23:41.000]  Everybody who's not from Texas is a foreigner, at least if you're in Texas.
[01:23:41.000 --> 01:23:45.000]  You're talking faster than I can listen.
[01:23:45.000 --> 01:23:49.000]  So say that again a little bit slower so I can kind of keep up.
[01:23:49.000 --> 01:23:50.000]  Okay.
[01:23:50.000 --> 01:23:53.000]  Well, the marshals were trying to serve lead party.
[01:23:53.000 --> 01:23:57.000]  There's like nine parties involved in the lawsuit.
[01:23:57.000 --> 01:23:58.000]  Okay.
[01:23:58.000 --> 01:23:59.000]  Wait.
[01:23:59.000 --> 01:24:00.000]  Back up.
[01:24:00.000 --> 01:24:01.000]  Okay.
[01:24:01.000 --> 01:24:02.000]  This is...
[01:24:02.000 --> 01:24:03.000]  You filed a suit?
[01:24:03.000 --> 01:24:04.000]  Okay.
[01:24:04.000 --> 01:24:08.000]  This is foreclosure, so I'm trying to get who's doing what.
[01:24:08.000 --> 01:24:09.000]  Right.
[01:24:09.000 --> 01:24:15.000]  It's regarding an unlawful foreclosure proceeding and the execution that was supposed to be
[01:24:15.000 --> 01:24:21.000]  done when you serve, marshals actually serve the other side, and came back on pagers as
[01:24:21.000 --> 01:24:22.000]  an un-executed.
[01:24:22.000 --> 01:24:25.000]  They could not find the lead party.
[01:24:25.000 --> 01:24:26.000]  Interesting.
[01:24:26.000 --> 01:24:30.000]  Was the lead party a...
[01:24:30.000 --> 01:24:33.000]  Who was the lead party?
[01:24:33.000 --> 01:24:34.000]  Linder?
[01:24:34.000 --> 01:24:35.000]  Caspar Torrone.
[01:24:35.000 --> 01:24:36.000]  No.
[01:24:36.000 --> 01:24:37.000]  Caspar Torrone.
[01:24:37.000 --> 01:24:38.000]  He's a private lender.
[01:24:38.000 --> 01:24:42.000]  He lives down in Florida by Clearwater Beach and he refuses to answer his door and the
[01:24:42.000 --> 01:24:44.000]  marshals have been there several times.
[01:24:44.000 --> 01:24:45.000]  And he won't answer his door.
[01:24:45.000 --> 01:24:48.000]  And that's the reason why they can't serve.
[01:24:48.000 --> 01:24:49.000]  Okay.
[01:24:49.000 --> 01:24:54.000]  Move for alternative service.
[01:24:54.000 --> 01:25:01.000]  And the marshals will support your petition for alternative service.
[01:25:01.000 --> 01:25:04.000]  What's the term again called, Randy?
[01:25:04.000 --> 01:25:07.000]  Alternative service.
[01:25:07.000 --> 01:25:08.000]  Gotcha.
[01:25:08.000 --> 01:25:18.000]  And what you can do is they have rules and generally you have to publish this in a local
[01:25:18.000 --> 01:25:21.000]  publication for 30 days.
[01:25:21.000 --> 01:25:22.000]  Okay.
[01:25:22.000 --> 01:25:27.000]  See, it don't help you to not answer the door to the process server.
[01:25:27.000 --> 01:25:33.000]  If you were in Texas and they could show that you intentionally avoided service, that's
[01:25:33.000 --> 01:25:36.000]  a felony in Texas.
[01:25:36.000 --> 01:25:39.000]  It might be one in Florida.
[01:25:39.000 --> 01:25:43.000]  But if you didn't answer the door...
[01:25:43.000 --> 01:25:46.000]  You know, I tell people, accept the service.
[01:25:46.000 --> 01:25:53.000]  That's not a fight you want to have because you might wind up trying to overcome a default
[01:25:53.000 --> 01:25:54.000]  judgment.
[01:25:54.000 --> 01:25:55.000]  Mm-hmm.
[01:25:55.000 --> 01:25:58.000]  So you ask the...
[01:25:58.000 --> 01:26:02.000]  You know, the marshals will support that they were unable to serve.
[01:26:02.000 --> 01:26:09.000]  So you ask for alternative service and they'll almost certainly give it to you because the
[01:26:09.000 --> 01:26:12.000]  marshals are a part of their group.
[01:26:12.000 --> 01:26:17.000]  When the marshals say they can't serve, they'll accept that without question.
[01:26:17.000 --> 01:26:20.000]  They're not going to sting the marshals.
[01:26:20.000 --> 01:26:24.000]  So ask for alternative service, publish it.
[01:26:24.000 --> 01:26:30.000]  When he doesn't respond, move for default to no answer default.
[01:26:30.000 --> 01:26:31.000]  Now...
[01:26:31.000 --> 01:26:32.000]  Got you.
[01:26:32.000 --> 01:26:33.000]  All right.
[01:26:33.000 --> 01:26:37.000]  70% of all no answer defaults get overturned.
[01:26:37.000 --> 01:26:44.000]  And once you get no answer default, then this guy you're likely to get his attention.
[01:26:44.000 --> 01:26:45.000]  Mm-hmm.
[01:26:45.000 --> 01:26:51.000]  Then he's going to have to come back and first overcome the no answer default.
[01:26:51.000 --> 01:27:01.000]  But if you can show that he was in town and he wasn't in another country or something
[01:27:01.000 --> 01:27:09.000]  at the time, and the marshals went to his address a number of times and couldn't serve
[01:27:09.000 --> 01:27:15.000]  him at his normal residence, that's going to imply avoidance of service.
[01:27:15.000 --> 01:27:22.000]  And that won't be a good enough excuse to overturn default judgment.
[01:27:22.000 --> 01:27:27.000]  Now, if you're one of the big banks, the courts are ruling their favor no matter what.
[01:27:27.000 --> 01:27:32.000]  But if he's not one of the big banks and he's just an ordinary person, they'll kick his
[01:27:32.000 --> 01:27:38.000]  behind.
[01:27:38.000 --> 01:27:45.000]  So what was the nature of your claim?
[01:27:45.000 --> 01:27:53.000]  They moved forward with no capacity or standing, lacking the original documents.
[01:27:53.000 --> 01:27:56.000]  They never had any of them.
[01:27:56.000 --> 01:27:59.000]  Let me make a suggestion.
[01:27:59.000 --> 01:28:00.000]  Sure.
[01:28:00.000 --> 01:28:03.000]  Back up for the moment.
[01:28:03.000 --> 01:28:09.000]  Back up and get yourself set up for the case.
[01:28:09.000 --> 01:28:16.000]  If they...what does the public record look like?
[01:28:16.000 --> 01:28:18.000]  Well, it's interesting you brought that up.
[01:28:18.000 --> 01:28:22.000]  The public record, you mean like all the recordies or the county courthouse, right?
[01:28:22.000 --> 01:28:24.000]  Exactly.
[01:28:24.000 --> 01:28:25.000]  Okay.
[01:28:25.000 --> 01:28:26.000]  That's interesting you brought that up.
[01:28:26.000 --> 01:28:27.000]  They record it.
[01:28:27.000 --> 01:28:28.000]  Okay.
[01:28:28.000 --> 01:28:29.000]  Wait, wait.
[01:28:29.000 --> 01:28:30.000]  Let me be more specific.
[01:28:30.000 --> 01:28:35.000]  I'm talking about the filings with the Registrar of Deeds.
[01:28:35.000 --> 01:28:39.000]  That's exactly what I was ready to talk to you about.
[01:28:39.000 --> 01:28:44.000]  They re-recorded all the documents about three weeks before they filed the lawsuit.
[01:28:44.000 --> 01:28:48.000]  They re-recorded the mortgage, the note, the deed.
[01:28:48.000 --> 01:28:50.000]  They recorded everything.
[01:28:50.000 --> 01:28:51.000]  Wait a minute.
[01:28:51.000 --> 01:28:53.000]  You said they.
[01:28:53.000 --> 01:28:55.000]  Who re-recorded?
[01:28:55.000 --> 01:29:02.000]  The attorneys that represented the private lender.
[01:29:02.000 --> 01:29:08.000]  I bet they've been stung and I hope they got stung by one of our people.
[01:29:08.000 --> 01:29:11.000]  Okay.
[01:29:11.000 --> 01:29:15.000]  That brings a couple of questions.
[01:29:15.000 --> 01:29:23.000]  What power did the attorney have to file all these documents?
[01:29:23.000 --> 01:29:24.000]  He had none.
[01:29:24.000 --> 01:29:26.000]  There was no consent from us.
[01:29:26.000 --> 01:29:29.000]  In fact, William McAfee caught it when we showed it to him.
[01:29:29.000 --> 01:29:30.000]  He started laughing.
[01:29:30.000 --> 01:29:34.000]  He said, these guys re-recorded all the documents about three weeks before they filed it to claim.
[01:29:34.000 --> 01:29:37.000]  You can't do this without consent.
[01:29:37.000 --> 01:29:38.000]  Okay.
[01:29:38.000 --> 01:29:39.000]  Hold on.
[01:29:39.000 --> 01:29:44.000]  We're about to go to break, but when we come back, I want to talk about what had already
[01:29:44.000 --> 01:29:50.000]  been filed and was the current filing different from the original filing.
[01:29:50.000 --> 01:29:53.000]  This is Randy Kelton, the rule of law radio.
[01:29:53.000 --> 01:29:56.000]  I'll call you number 512-646-1984.
[01:29:56.000 --> 01:30:05.000]  We'll be right back.
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[01:33:12.000 --> 01:33:33.000]  Okay, we are back. Ben Kelton with our radio, and we're talking to Shane in New York.
[01:33:33.000 --> 01:33:41.000]  And where I'm going here, Shane, is, do you play chess?
[01:33:41.000 --> 01:33:43.000]  Are you there, Shane?
[01:33:43.000 --> 01:33:45.000]  Clear, Randy.
[01:33:45.000 --> 01:33:47.000]  Okay, do you play chess?
[01:33:47.000 --> 01:33:51.000]  Oh, you're asking me if I play chess. No, I do not play chess.
[01:33:51.000 --> 01:33:53.000]  You should play chess.
[01:33:53.000 --> 01:33:58.000]  As opposed to checkers. In checkers, you go right after your person.
[01:33:58.000 --> 01:34:01.000]  There's a little bit of strategy in checkers.
[01:34:01.000 --> 01:34:02.000]  Right.
[01:34:02.000 --> 01:34:12.000]  In chess, if you go after my king, I will destroy you.
[01:34:12.000 --> 01:34:18.000]  So in order to get to my king, what you have to do is get everything set up.
[01:34:18.000 --> 01:34:22.000]  And the most powerful pieces on the board are your pawns.
[01:34:22.000 --> 01:34:27.000]  You move these pawns out there and put them in strategic positions
[01:34:27.000 --> 01:34:33.000]  so that when you come after me with your bishop or your knight,
[01:34:33.000 --> 01:34:39.000]  you're going to drive my king into your pawns, and they're going to be stuck in there.
[01:34:39.000 --> 01:34:43.000]  But when you move in the pawns out there, it's not clear what you're doing.
[01:34:43.000 --> 01:34:49.000]  So what I suggest is before you go after them in the federal court,
[01:34:49.000 --> 01:34:59.000]  is you back up and ask yourself, what do I need in order to be able to get a summary judgment
[01:34:59.000 --> 01:35:03.000]  when I walk in the front door?
[01:35:03.000 --> 01:35:12.000]  And in foreclosure issues, everything is about what's in the public record.
[01:35:12.000 --> 01:35:19.000]  That's public. What's been filed in the record can never be unfiled.
[01:35:19.000 --> 01:35:25.000]  And what is in the record, everyone has imputed knowledge of.
[01:35:25.000 --> 01:35:28.000]  They can't say they didn't know it was there.
[01:35:28.000 --> 01:35:33.000]  Even if they didn't, they have imputed knowledge of what's in the public record.
[01:35:33.000 --> 01:35:36.000]  So let's go back and look at the public record.
[01:35:36.000 --> 01:35:41.000]  Who was the original lender?
[01:35:41.000 --> 01:35:44.000]  It was Casper A. Tarrone.
[01:35:44.000 --> 01:35:47.000]  Okay. So this is this individual.
[01:35:47.000 --> 01:35:51.000]  So this one doesn't fall under any of the consumer protection laws.
[01:35:51.000 --> 01:36:02.000]  Or is he himself a, does he do mortgages as a business?
[01:36:02.000 --> 01:36:05.000]  No, he was an unlicensed lender.
[01:36:05.000 --> 01:36:08.000]  But he only, I think he only did like four or five mortgages that year.
[01:36:08.000 --> 01:36:12.000]  I think he had to do five before it was mandatory to be elected to the state of New York.
[01:36:12.000 --> 01:36:17.000]  Oh, okay. This wasn't an owner finance.
[01:36:17.000 --> 01:36:20.000]  Did he own the property and finance it?
[01:36:20.000 --> 01:36:26.000]  Or did he loan the money to someone else to buy a property from a third party?
[01:36:26.000 --> 01:36:29.000]  No, private loan.
[01:36:29.000 --> 01:36:36.000]  No, no, no, no. What I'm saying is, did he own the property that you purchased?
[01:36:36.000 --> 01:36:38.000]  Yes.
[01:36:38.000 --> 01:36:43.000]  Oh, so he gave you essentially a contract loan on the property.
[01:36:43.000 --> 01:36:47.000]  Yeah, and a promissory note for, I think, $35.
[01:36:47.000 --> 01:36:55.000]  Okay. So in this case, we're not going to have, it's unlikely that he sold the note.
[01:36:55.000 --> 01:37:00.000]  He did. In the state record, he claims that they lost the note.
[01:37:00.000 --> 01:37:05.000]  When Casper came back, it was not lost. Wells Fargo's holding it.
[01:37:05.000 --> 01:37:08.000]  They lied within the state record.
[01:37:08.000 --> 01:37:11.000]  Oh, wonderful. So.
[01:37:11.000 --> 01:37:13.000]  And then secondly, yeah.
[01:37:13.000 --> 01:37:22.000]  Okay. What is, what does the Registrar of Deeds records show?
[01:37:22.000 --> 01:37:34.000]  According to the Registrar of Deeds, who is the current holder of the note, of the security agent?
[01:37:34.000 --> 01:37:40.000]  The current holder of the note, the Registrar of Deeds clearly shows Casper Terrone as the holder.
[01:37:40.000 --> 01:37:47.000]  Again, remember, Randy, those are just copies. The originals were sent back to the original lender.
[01:37:47.000 --> 01:37:49.000]  Okay. That's an irrelevant issue.
[01:37:49.000 --> 01:37:53.000]  What is in the record? This is what we want to deal with.
[01:37:53.000 --> 01:37:59.000]  There is another issue we have here in Texas. You may actually have it there.
[01:37:59.000 --> 01:38:08.000]  That document is presumed to be valid once it's filed, until it's been challenged.
[01:38:08.000 --> 01:38:15.000]  So the fact that it was a copy, that what you're seeing is a copy of the original, that's the way it has to be done.
[01:38:15.000 --> 01:38:21.000]  See, my originals belong to me, and I need those originals.
[01:38:21.000 --> 01:38:29.000]  So the first auditorium, if you're not in Pennsylvania, the clerk can't ask me for my originals.
[01:38:29.000 --> 01:38:38.000]  When I come down to file, I give him my original and he makes a copy of that original and gives the original back to me.
[01:38:38.000 --> 01:38:41.000]  That's important that I have that original.
[01:38:41.000 --> 01:38:53.000]  So the fact that it's a copy is okay, so long as the copy is a certified copy of the original.
[01:38:53.000 --> 01:38:56.000]  Certified copy of the original.
[01:38:56.000 --> 01:39:03.000]  We want to make it clear to you that all these documents were re-recorded three weeks before they filed suit.
[01:39:03.000 --> 01:39:08.000]  That don't make any difference. We don't care about those yet. We'll get to those.
[01:39:08.000 --> 01:39:11.000]  First, we want to talk about the originals.
[01:39:11.000 --> 01:39:16.000]  How old is the note? Is it after 2000?
[01:39:16.000 --> 01:39:20.000]  Yeah, it's 2000, and let me tell you the year real quick, Randy.
[01:39:20.000 --> 01:39:24.000]  It was signed in 2009, recorded in 2001.
[01:39:24.000 --> 01:39:28.000]  Okay. That's interesting.
[01:39:28.000 --> 01:39:30.000]  Tell me about it.
[01:39:30.000 --> 01:39:34.000]  Okay, it's a 2009 note.
[01:39:34.000 --> 01:39:45.000]  How are documents filed with the clerk in the county that you're in?
[01:39:45.000 --> 01:39:49.000]  Let me back up and give you some reference for that question.
[01:39:49.000 --> 01:39:54.000]  We have a lot of counties are instituting e-filing.
[01:39:54.000 --> 01:40:02.000]  So what I'm asking is did this person bring the original document down and put it in the hand of the clerk?
[01:40:02.000 --> 01:40:06.000]  The clerk made a copy and handed it back to the person.
[01:40:06.000 --> 01:40:14.000]  Or did they e-file?
[01:40:14.000 --> 01:40:16.000]  Check that. Let's see if you can find out.
[01:40:16.000 --> 01:40:19.000]  Go talk to the clerk and see how they do this.
[01:40:19.000 --> 01:40:21.000]  I went to the clerk in Tarrant County, Texas.
[01:40:21.000 --> 01:40:23.000]  That's Fort Worth.
[01:40:23.000 --> 01:40:32.000]  And I said, I want to see all of the documents you have in-house for filing today.
[01:40:32.000 --> 01:40:40.000]  Because what I wanted to see is are the documents that you have for filing originals?
[01:40:40.000 --> 01:40:48.000]  So I'm assuming they're going to take these documents, scan them in their system, and send the originals back to the holder.
[01:40:48.000 --> 01:40:51.000]  And they said, well, we don't have any.
[01:40:51.000 --> 01:40:54.000]  Well, then how do you file documents?
[01:40:54.000 --> 01:40:57.000]  Oh, we do all that by e-mail.
[01:40:57.000 --> 01:40:59.000]  Wait a minute.
[01:40:59.000 --> 01:41:04.000]  You're saying that these people filing documents with the county e-mail the documents to you?
[01:41:04.000 --> 01:41:06.000]  Well, they don't.
[01:41:06.000 --> 01:41:12.000]  We have a company set up for that purpose, and they file these documents with the company.
[01:41:12.000 --> 01:41:17.000]  And the company scans them and sends the e-mail to us.
[01:41:17.000 --> 01:41:27.000]  So how do you know that the document that you receive from this company is a bona fide copy of an original?
[01:41:27.000 --> 01:41:33.000]  Oh, well, we have a memorandum of understanding with this company.
[01:41:33.000 --> 01:41:37.000]  Oh, you have a memorandum of understanding.
[01:41:37.000 --> 01:41:38.000]  OK.
[01:41:38.000 --> 01:41:46.000]  So how does this company know that the documents that are filed with them are bona fide originals?
[01:41:46.000 --> 01:41:52.000]  Oh, well, they have a memorandum of understanding with the title companies where they get it from.
[01:41:52.000 --> 01:41:54.000]  Oh, OK.
[01:41:54.000 --> 01:41:59.000]  You have a memorandum of understanding with someone who has a memorandum of understanding.
[01:41:59.000 --> 01:42:09.000]  So how does the title company, how do you verify that the title company had originals that they made copies of?
[01:42:09.000 --> 01:42:12.000]  She said, I don't know.
[01:42:12.000 --> 01:42:14.000]  Duh.
[01:42:14.000 --> 01:42:24.000]  The state law requires, and this is consistent across the country, that documents filed for the public record.
[01:42:24.000 --> 01:42:30.000]  Specifically, this refers to property records, real property records.
[01:42:30.000 --> 01:42:34.000]  They must file originals.
[01:42:34.000 --> 01:42:42.000]  And the e-filing act, most states have adopted the e-filing act, as Texas has in total.
[01:42:42.000 --> 01:42:49.000]  It's 14 USC 7,000 or 7,001.
[01:42:49.000 --> 01:42:54.000]  What none of them reads is 7,003.
[01:42:54.000 --> 01:43:03.000]  7,003, the e-filing act, has a specific exclusion for real property records.
[01:43:03.000 --> 01:43:11.000]  They are forbidden to e-file real property records.
[01:43:11.000 --> 01:43:15.000]  They're doing it anyway, and I caught them.
[01:43:15.000 --> 01:43:23.000]  And in Fort Worth, see, what I think happened is it was the district clerk who set up the e-filing.
[01:43:23.000 --> 01:43:26.000]  And that's the way it's been around the state of Texas.
[01:43:26.000 --> 01:43:28.000]  District clerks set it up.
[01:43:28.000 --> 01:43:31.000]  But the district clerk doesn't have any real property records.
[01:43:31.000 --> 01:43:37.000]  So they have no records that fall under this exclusion, so they don't have to address it.
[01:43:37.000 --> 01:43:43.000]  And then the county clerks adopt the system that the district clerks put together.
[01:43:43.000 --> 01:43:46.000]  Now the county clerk has a problem.
[01:43:46.000 --> 01:43:48.000]  We need to look for that.
[01:43:48.000 --> 01:43:53.000]  Look up the e-filing act, and you'll find out how the documents are filed.
[01:43:53.000 --> 01:44:00.000]  That's one claim you can make, but there's another you'll address when you come back.
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[01:46:22.000 --> 01:46:27.000]  Okay, we are back.
[01:46:27.000 --> 01:46:29.000]  Randy Kelton here with our radio.
[01:46:29.000 --> 01:46:31.000]  I'm talking to Shane in New York.
[01:46:31.000 --> 01:46:35.000]  And, you know, I referenced Chess earlier.
[01:46:35.000 --> 01:46:44.000]  This is if your county is using an e-filing method to file your property records.
[01:46:44.000 --> 01:46:49.000]  This is like a major elephant in the corner.
[01:46:49.000 --> 01:47:00.000]  They would never let you in on this particular issue because it would invalidate all the documents filed in the public record since 2000.
[01:47:00.000 --> 01:47:14.000]  The reason you use this is because the only way they can keep this issue out of the court of appeals is to give you a positive ruling on something else.
[01:47:14.000 --> 01:47:19.000]  So then there's something else.
[01:47:19.000 --> 01:47:24.000]  What I'm looking for is look at what's filed in the public record.
[01:47:24.000 --> 01:47:25.000]  Look at this.
[01:47:25.000 --> 01:47:28.000]  Read every document carefully.
[01:47:28.000 --> 01:47:30.000]  Who filed it?
[01:47:30.000 --> 01:47:37.000]  What capacity did they have to act for the entity they acted for or what agency?
[01:47:37.000 --> 01:47:45.000]  And what capacity did their alleged principal have to file this document?
[01:47:45.000 --> 01:47:53.000]  So have you pulled the public record to see what's in there?
[01:47:53.000 --> 01:47:54.000]  Yes, Randy.
[01:47:54.000 --> 01:47:55.000]  We have everything.
[01:47:55.000 --> 01:47:57.000]  I'm going to go ahead and analyze it again here.
[01:47:57.000 --> 01:48:08.000]  Okay. Is there an assignment from the original lender to a subsequent successor or assigned?
[01:48:08.000 --> 01:48:15.000]  The assignment was actually sent back to him.
[01:48:15.000 --> 01:48:16.000]  Wait.
[01:48:16.000 --> 01:48:18.000]  It started with who?
[01:48:18.000 --> 01:48:19.000]  Right back to him.
[01:48:19.000 --> 01:48:22.000]  It was assigned back to him.
[01:48:22.000 --> 01:48:25.000]  Oh, okay.
[01:48:25.000 --> 01:48:27.000]  Actually, there's no signing.
[01:48:27.000 --> 01:48:32.000]  It's assigned back to him, which made no sense, but whatever.
[01:48:32.000 --> 01:48:34.000]  That is interesting.
[01:48:34.000 --> 01:48:43.000]  So there is no assignment from him to someone else, but there is an assignment from someone else back to him.
[01:48:43.000 --> 01:48:44.000]  You're right.
[01:48:44.000 --> 01:48:47.000]  Challenge that assignment.
[01:48:47.000 --> 01:48:53.000]  Now, all we care about is the face of the document.
[01:48:53.000 --> 01:49:10.000]  On its face, you have this entity who purports to be a holder of the indebtedness, and this entity is assigning the security instrument to the original lender.
[01:49:10.000 --> 01:49:24.000]  However, there's nothing in the record to show that this original lender ever assigned this note to a third party, to this third party who's assigning it back.
[01:49:24.000 --> 01:49:30.000]  So you challenge that document under a quiet title.
[01:49:30.000 --> 01:49:52.000]  And the fact that it is in there indicates that the original lender transferred the security instrument or the beneficial interest in note to a third party and the security instrument to a third party and did not file it within the public record.
[01:49:52.000 --> 01:50:13.000]  So we can infer that the original lender no longer holds the security instrument and that the third party who purports to hold it attempted to transfer it back to the original lender, but the filing was insufficient.
[01:50:13.000 --> 01:50:15.000]  That's correct.
[01:50:15.000 --> 01:50:19.000]  So I would go for quiet title on that document.
[01:50:19.000 --> 01:50:28.000]  You get a positive ruling on that, and when you do quiet title, don't ask for any damages, no sanctions, nothing.
[01:50:28.000 --> 01:50:32.000]  All you want is the declaratory judgment.
[01:50:32.000 --> 01:50:35.000]  You want to correct the record.
[01:50:35.000 --> 01:50:39.000]  This document has been filed in the real property records.
[01:50:39.000 --> 01:50:59.000]  It does not meet the statutory filing requirements in that it was not filed by a party who has authority to make claims against the property that is filed in the record.
[01:50:59.000 --> 01:51:13.000]  I'm sorry I didn't say that well. There's nothing filed in the record that shows that this party has capacity to file this assignment.
[01:51:13.000 --> 01:51:27.000]  And that's all you're doing is you're saying this party was never assigned this by the record, so they don't have any authority to file this reassignment.
[01:51:27.000 --> 01:51:31.000]  It didn't meet the statutory filing requirements.
[01:51:31.000 --> 01:51:34.000]  That's all you ask the judge to rule on, nothing else.
[01:51:34.000 --> 01:51:52.000]  If you ask him to rule on anything concerning any kind of monetary claim, he'll give you the monetary claim because he knows when it goes to the court of appeals, the court of appeals will throw it out.
[01:51:52.000 --> 01:51:55.000]  That's the dirty trick they ball.
[01:51:55.000 --> 01:51:57.000]  So ask for no damages.
[01:51:57.000 --> 01:52:09.000]  Just say this guy didn't have authority to file this document in the record and ask that this record be rendered for it.
[01:52:09.000 --> 01:52:20.000]  Now you got the guy by the short hairs because it's clear he transferred the security instrument but did not file it in the record.
[01:52:20.000 --> 01:52:30.000]  Now he can't claim that he holds it and the party that holds it can't give it back to him because he never filed the transfer in the first place.
[01:52:30.000 --> 01:52:47.000]  Now the stuff that the lawyer filed, was the lawyer smart enough to file a transfer from the original lender to the third party?
[01:52:47.000 --> 01:52:50.000]  No.
[01:52:50.000 --> 01:52:54.000]  They don't play chess.
[01:52:54.000 --> 01:53:03.000]  So he reaffirmed that there never was a transfer from the original lender to the third party.
[01:53:03.000 --> 01:53:04.000]  Correct.
[01:53:04.000 --> 01:53:11.000]  You got a good shot at a quiet title as to that document.
[01:53:11.000 --> 01:53:25.000]  So you only file quiet title as to that document, then when the original lender attempts to come to the court and invoke the power to foreclose,
[01:53:25.000 --> 01:53:38.000]  then you go to the court and challenge the legal capacity of the holder, the alleged holder to foreclose on the property.
[01:53:38.000 --> 01:53:41.000]  Does that make sense?
[01:53:41.000 --> 01:53:42.000]  Yes.
[01:53:42.000 --> 01:53:52.000]  So this is, a quiet title is a lot less obnoxious because you're not saying you don't owe money.
[01:53:52.000 --> 01:54:02.000]  You're not saying that the loan is invalid, you're not saying they're doing anything fraudulent, any of that stuff.
[01:54:02.000 --> 01:54:11.000]  And if you ever say fraudulent on my show, Jeff Sedgwick is going to call and he's going to abuse you unmercifully.
[01:54:11.000 --> 01:54:17.000]  Avoid fraud, falsely misleading in place of fraud.
[01:54:17.000 --> 01:54:32.000]  I'm thinking quiet title as to the assignment back. It absolutely makes no sense.
[01:54:32.000 --> 01:54:35.000]  Okay.
[01:54:35.000 --> 01:54:41.000]  Do you think I missed you?
[01:54:41.000 --> 01:54:44.000]  Was there something else you wanted to address?
[01:54:44.000 --> 01:54:47.000]  Randy, that's plenty for tonight.
[01:54:47.000 --> 01:54:48.000]  Thank you so much.
[01:54:48.000 --> 01:54:54.000]  I need to focus on this one thing here where you just said, I never even thought about it, but you just brought it up.
[01:54:54.000 --> 01:54:57.000]  That might be a bullseye.
[01:54:57.000 --> 01:54:58.000]  Thank you.
[01:54:58.000 --> 01:54:59.000]  Okay, good.
[01:54:59.000 --> 01:55:01.000]  I hope that works for you.
[01:55:01.000 --> 01:55:07.000]  Okay, I've got about three minutes left and there was something I was going to talk about when the show started, but we already had a caller.
[01:55:07.000 --> 01:55:16.000]  So I'm looking at a property here that I found something that I don't find often.
[01:55:16.000 --> 01:55:33.000]  Any of you out there, have you ever looked at the demand for payment from the bank or whoever is collecting for the bank?
[01:55:33.000 --> 01:55:36.000]  They send you a monthly statement.
[01:55:36.000 --> 01:55:42.000]  Everybody should take their monthly statement and look at it really close.
[01:55:42.000 --> 01:55:52.000]  Primarily look at what part of the payment is assigned to principal and what part is assigned to interest.
[01:55:52.000 --> 01:56:00.000]  And then go look at the note that you filed, the note that you signed and agreed to.
[01:56:00.000 --> 01:56:10.000]  What is the principal and interest on the note that you filed, the note that you signed?
[01:56:10.000 --> 01:56:19.000]  Most of the time when I do these calculations, I find that, but look at the truth in lending statement.
[01:56:19.000 --> 01:56:30.000]  The truth in lending statement is generally the document that stipulates what you will actually pay, but not always as in this case.
[01:56:30.000 --> 01:56:47.000]  In this case, on the note they agreed to pay $304,000 note at 9.875% interest.
[01:56:47.000 --> 01:56:57.000]  And I ran an amortization on it and it came up to a payment of $26,700.
[01:56:57.000 --> 01:57:02.000]  I'm sorry, $2,600 something dollars a month.
[01:57:02.000 --> 01:57:08.000]  I ran the truth in lending statement and the numbers are always different on the truth in lending statement.
[01:57:08.000 --> 01:57:16.000]  The principal is always less, the interest is always more and it was that way in this case.
[01:57:16.000 --> 01:57:24.000]  But when I ran the calculation, it came out to the same payment amount, $2,615.
[01:57:24.000 --> 01:57:30.000]  And then I got a statement from the bank that they had sent to the person.
[01:57:30.000 --> 01:57:39.000]  And escrow changes depending on taxes, insurance, all kinds of stuff.
[01:57:39.000 --> 01:57:50.000]  Principal and interest doesn't. Principal and interest on the payment that was demanded by the bank was $1,630 something dollars.
[01:57:50.000 --> 01:57:54.000]  $1,000 less than what they agreed to pay.
[01:57:54.000 --> 01:58:03.000]  So if you've got a mortgage and they're billing you less than you owe, you say great, not so great.
[01:58:03.000 --> 01:58:11.000]  You're being set up because what the bank is going to do is the first time you slow pay,
[01:58:11.000 --> 01:58:14.000]  they're going to wait until you slow pay for two or three payments.
[01:58:14.000 --> 01:58:19.000]  And they're going to say, oh my goodness, we made a mistake.
[01:58:19.000 --> 01:58:25.000]  You owe us $50,000. You've got to pay it by next month and we're going to fall close.
[01:58:25.000 --> 01:58:31.000]  Look closely at what you agreed to pay and what they're actually charging you.
[01:58:31.000 --> 01:58:37.000]  If they're charging you more, you can sue them. If they're charging you less, they are setting you up.
[01:58:37.000 --> 01:58:42.000]  This is Randy Kelton, Rule of Law Radio. We'll be back next Thursday.
[01:58:42.000 --> 01:58:50.000]  Thank you all for listening and good night.
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