ROL_2015-08-21_16k_Hr1-2.timecode

[00:00.000 --> 00:07.840]  The following use flash is brought to you by the Lone Star Lowdown, providing the daily
[00:07.840 --> 00:15.440]  bulletins for the commodities market, today in history, news updates, and the inside scoop
[00:15.440 --> 00:23.520]  into the tides of the alternative.
[00:23.520 --> 00:29.880]  Investments for the 20th of August, 2015, opened up with gold at $1,154.76 an ounce,
[00:29.880 --> 00:35.960]  silver $15.54 an ounce, Texas crude $40.80 a barrel, and Bitcoin is currently sitting
[00:35.960 --> 00:44.120]  in about 235 U.S. currency.
[00:44.120 --> 00:49.620]  Today in history, Sunday, August 20, 1922, the world's first Women's Olympic Games are
[00:49.620 --> 00:53.680]  held in track and field competitions in Paris, France.
[00:53.680 --> 00:57.400]  The tournament was held on a single day and was in response to the International Olympics
[00:57.400 --> 01:02.560]  Committee refusal to include women's events in the 1924 Olympic Games.
[01:02.560 --> 01:05.840]  The Games were attended by an audience of roughly 20,000 spectators.
[01:05.840 --> 01:12.080]  18 world records were set.
[01:12.080 --> 01:16.760]  In recent news, Jared Fogel's wife, Katie, has officially filed for divorce from their
[01:16.760 --> 01:22.960]  five-year marriage yesterday as the ex-spokesman for Subway agreed to plead guilty to charges
[01:22.960 --> 01:27.480]  of sexual intercourse with at least two minors and possession of child pornography.
[01:27.480 --> 01:32.760]  He has agreed to pay out $1.4 million in total to the victims in restitution for counseling,
[01:32.760 --> 01:36.180]  support, treatment, or other assistance related to their abuse.
[01:36.180 --> 01:40.280]  He apparently wasn't doing this alone, as Russell Taylor, who was the executive director
[01:40.280 --> 01:44.920]  of Fogel's Childhood Obesity Charity, was also involved in these obscenities.
[01:44.920 --> 01:52.560]  They're both expected to do time.
[01:52.560 --> 01:56.520]  Federal scientists announced today that this last July was the all-time warmest month ever
[01:56.520 --> 02:01.400]  recorded since the 1880s, when modern temperature record-keeping first began.
[02:01.400 --> 02:04.640]  Scientists are predicting that as a result of this heat wave, the Pacific Ocean will
[02:04.640 --> 02:09.320]  continue to warm up, causing the ocean to release even more heat into the atmosphere,
[02:09.320 --> 02:12.560]  almost certainly making 2015 the hottest year ever recorded.
[02:12.560 --> 02:16.720]  The debate is expected to continue between whether these increases in temperatures are
[02:16.720 --> 02:26.640]  a result of man-made climate change or simply part of Earth's climate cycles.
[02:26.640 --> 02:31.040]  Women will be allowed to vote and run for office in Saudi Arabia's municipal elections
[02:31.040 --> 02:32.720]  for the first time ever.
[02:32.720 --> 02:39.400]  The Arab woman's suffrage comes four years after the late Saudi king Abdulaziz al-Assad
[02:39.400 --> 02:42.360]  approved the changes back in 2011.
[02:42.360 --> 02:46.720]  Only 70 women are looking to run as candidates, while another 80 have registered as campaign
[02:46.720 --> 02:47.720]  managers.
[02:47.720 --> 02:51.360]  Many are still questioning whether this really brings any substantial change to a country
[02:51.360 --> 02:54.440]  where women's activities and rights are heavily restricted.
[02:54.440 --> 03:01.440]  This is your lowdown for August 20, 2015.
[03:01.440 --> 03:22.440]  This is your lowdown for August 20, 2015, and this is your lowdown for August 21, 2015.
[03:22.440 --> 03:35.280]  Okay, Bad Boys are back, Randy Kelton, Rural Radio.
[03:35.280 --> 03:47.720]  On this, the 21st day of August 2015, we're here for our Friday four-hour info marathon.
[03:47.720 --> 03:53.400]  We have our phone lines open and we will keep them open all night to take your calls and
[03:53.400 --> 04:01.360]  questions and comments, but I'm going to start out with a lawsuit that Mr. Sedgwick brought
[04:01.360 --> 04:03.360]  to my attention.
[04:03.360 --> 04:15.120]  It is a class action lawsuit filed in Indiana against debt collectors, and it raises issues
[04:15.120 --> 04:19.400]  about the nature of the debt collection process.
[04:19.400 --> 04:26.560]  These are things Jeff has talked about for quite a while, claiming that the debt collectors
[04:26.560 --> 04:33.040]  do not actually have evidence of a debt.
[04:33.040 --> 04:38.640]  They merely have... I'm sorry, I shouldn't say that right.
[04:38.640 --> 04:43.440]  They don't own the actual debt.
[04:43.440 --> 04:49.480]  They only hold evidence that indicates that a debt exists.
[04:49.480 --> 05:00.400]  Well, I've heard this quite a bit, and in reading this introduction to the lawsuit and
[05:00.400 --> 05:13.000]  the subsequent claims made, I'm still not clear as reading this from a legal perspective.
[05:13.000 --> 05:21.280]  I'm looking at legalese and not ordinary English when I read it, and I've come across terms
[05:21.280 --> 05:30.240]  that I think I know what they mean, but because of the particular context in which they're
[05:30.240 --> 05:39.560]  used, it seems clear they have meanings that I am not aware of, because without meanings
[05:39.560 --> 05:46.840]  I'm not aware of, I can't find how they make a claim.
[05:46.840 --> 05:56.840]  Now I'm certain that Mr. Jeff is going to come on and beat me up big time, but in the
[05:56.840 --> 06:03.520]  meantime, until he gets to me and starts working me over, I'm going to go down through the
[06:03.520 --> 06:09.520]  introduction to this, and I'll show you what I mean by questions that I have.
[06:09.520 --> 06:21.720]  Part of this is a discipline that we develop for reading and evaluating legal documents.
[06:21.720 --> 06:28.360]  We have to be careful not to read documents proactively.
[06:28.360 --> 06:38.560]  It's very common for all of us to go to a particular pleading with a preconceived perspective
[06:38.560 --> 06:48.160]  or a personal bias, and then when we read a document, we attempt to extract from it
[06:48.160 --> 06:51.160]  what we want to find in it.
[06:51.160 --> 07:02.440]  If it's a document that's supporting our position, we look for portions of the document
[07:02.440 --> 07:06.240]  that support what we think and believe.
[07:06.240 --> 07:13.300]  If it's from an opponent, we look for the weaknesses in the document.
[07:13.300 --> 07:19.120]  We tend not to look for the strengths.
[07:19.120 --> 07:26.760]  If anyone out here plays chess, or even checkers, but more so chess, you should sit down sometime
[07:26.760 --> 07:36.040]  and play about six moves, and then both players get up and walk around to the other side of
[07:36.040 --> 07:43.600]  the table and take the other side's game.
[07:43.600 --> 07:50.160]  When you sit down and look at the chessboard from the other side, you will be surprised
[07:50.160 --> 07:56.840]  at the difference in the perspective that you have.
[07:56.840 --> 08:03.120]  The board will look totally different, so I suggest when you read legal documents, try
[08:03.120 --> 08:10.040]  to find a place in the middle to where you can see both sides, because that's where the
[08:10.040 --> 08:14.280]  judge is going to be, if the judge is doing his job right.
[08:14.280 --> 08:23.200]  He's going to be sitting in the middle, looking at both sides, essentially granting each litigant
[08:23.200 --> 08:32.140]  the same amount of initial credibility, so he will try to find the truth and legal standing
[08:32.140 --> 08:34.520]  in each argument.
[08:34.520 --> 08:40.320]  When you write a legal document, especially if it's a contentious legal document, you
[08:40.320 --> 08:44.280]  should be very careful to ensure that you do that.
[08:44.280 --> 08:48.080]  So I'm going to read this from a middle of the world perspective.
[08:48.080 --> 08:53.200]  This action arises out of asset acceptance.
[08:53.200 --> 08:58.460]  Asset acceptance is the name of the company, you'll see, they'll shorten it to asset as
[08:58.460 --> 09:06.000]  we go through the document, not to be confused with an asset, but we're using asset as a
[09:06.000 --> 09:09.600]  proper noun.
[09:09.600 --> 09:16.000]  This action arises out of asset acceptance improper conduct in a scheme to manipulate
[09:16.000 --> 09:22.100]  consumers to pay money on alleged debt obligations that are not owed to asset.
[09:22.100 --> 09:27.360]  Asset acceptance has wrongfully collected from the end consumer tens of millions of dollars.
[09:27.360 --> 09:35.320]  Asset acceptance continues to wrongfully collect to this day and the foreseeable future.
[09:35.320 --> 09:42.080]  Asset acceptance buys data reflecting plaintiff's past credit card activity and non-personal
[09:42.080 --> 09:43.960]  information.
[09:43.960 --> 09:51.720]  Asset acceptance does not acquire legal ownership of plaintiff's debt obligations.
[09:51.720 --> 10:03.720]  Now that was a legal conclusion and it raises the question, how do you get there?
[10:03.720 --> 10:13.160]  What specifically does asset buy, asset that buys data reflecting plaintiff's past credit
[10:13.160 --> 10:16.240]  card activity?
[10:16.240 --> 10:23.520]  Does asset purchase that credit card activity under a specific contract and I'd very much
[10:23.520 --> 10:26.280]  like to see what that contract says.
[10:26.280 --> 10:32.800]  So as we go down, I'll get to why I've raised that issue.
[10:32.800 --> 10:37.600]  Until recently, no asset entity was licensed or registered in the state of Indiana to do
[10:37.600 --> 10:39.640]  business or to collect debts.
[10:39.640 --> 10:47.160]  Prior to becoming licensed or registered, the asset entities engaged in their collection
[10:47.160 --> 10:54.840]  activities in the state of Indiana, that'll go to a specific complaint for acting without
[10:54.840 --> 11:01.440]  a license and I suspect the other side is going to say they're acting under the federal
[11:01.440 --> 11:07.640]  venue and they're not required to get any license to register in the state whether they
[11:07.640 --> 11:09.440]  are or not.
[11:09.440 --> 11:17.640]  Asset acceptance regularly purchases data about charged off consumer credit cards.
[11:17.640 --> 11:22.320]  Defendants through asset or assets agents didn't properly collect money from Indiana
[11:22.320 --> 11:30.480]  consumers on information contained in the data for a fee.
[11:30.480 --> 11:35.920]  Says they continue to collect money from Indiana consumers.
[11:35.920 --> 11:43.680]  So that raises the question, who do they collect money for?
[11:43.680 --> 11:50.200]  It just says they collected, it doesn't say who they collected for, they collected for
[11:50.200 --> 11:53.320]  the holder of the obligation.
[11:53.320 --> 11:59.000]  In his collection activities in Indiana, directly or through its collection agents, defendants
[11:59.000 --> 12:07.360]  falsely represent that asset has the absolute right to collect money including pre-purchase
[12:07.360 --> 12:09.400]  interest.
[12:09.400 --> 12:19.280]  Not sure what they mean by pre-purchase interest but I don't think that's critical to the issues
[12:19.280 --> 12:22.080]  before the court here.
[12:22.080 --> 12:26.460]  This class action seeks to recover the monies improperly collected from Indiana consumers
[12:26.460 --> 12:32.360]  by asset defendants through assets agents through fraudulent means and in violation
[12:32.360 --> 12:38.520]  of FDCPA and RICO and common law fraud.
[12:38.520 --> 12:48.120]  And it goes down to cite RICO and cite mail fraud and a few others.
[12:48.120 --> 12:53.240]  Plaintiffs further seek judgment ordering assets acceptance to discourage the ill-gotten
[12:53.240 --> 12:55.520]  monies under common law fraud.
[12:55.520 --> 13:00.600]  When I read that, it brought a question to mind.
[13:00.600 --> 13:05.000]  Do they have these monies?
[13:05.000 --> 13:15.920]  Because so far this document maintains that asset acceptance collected this money for
[13:15.920 --> 13:27.400]  themselves and in reading through on further down, it speaks to how the transfers are made.
[13:27.400 --> 13:38.280]  Get past jurisdiction back down to the factual allegations.
[13:38.280 --> 13:43.960]  Factual allegations, consumer awareness and the legal system have not fully comprehended
[13:43.960 --> 13:51.600]  the two game-changing evolutions that have greatly altered the world's financial landscape.
[13:51.600 --> 14:00.360]  Securitization and credit enhancements, originating bank through subsidiaries pulls the credit
[14:00.360 --> 14:06.960]  card receivables into a financial instrument that can be sold to outside investors, a process
[14:06.960 --> 14:12.920]  called securitization which results in the creation of an asset backed security.
[14:12.920 --> 14:17.920]  If you're familiar with our show or with the foreclosure industry, you understand that
[14:17.920 --> 14:20.880]  in real property they do the same thing.
[14:20.880 --> 14:28.080]  The asset backed security and prospectus are registered with the Securities and Stage Commission.
[14:28.080 --> 14:33.960]  These documents specifically state that the receivables are sold and transferred to the
[14:33.960 --> 14:34.960]  trust.
[14:34.960 --> 14:39.960]  However, the documents are not stamped or marked to reflect the transfer but instead
[14:39.960 --> 14:46.200]  the computer records are marked as evidence of the transfer.
[14:46.200 --> 14:55.560]  The main results of securitization are the originating bank is paid in full.
[14:55.560 --> 15:00.840]  The originating bank surrenders all control and ownership including all rights, title
[15:00.840 --> 15:05.400]  and interest over the receivables.
[15:05.400 --> 15:13.680]  The outside investors own the receivables as a result of a true sale.
[15:13.680 --> 15:17.960]  Evidence of indebtedness is delivered to the trustee.
[15:17.960 --> 15:24.760]  The originating bank transforms into the servicer for the asset backed securities.
[15:24.760 --> 15:27.360]  That I'll get back to.
[15:27.360 --> 15:34.840]  And the originating bank cannot get the receivables back without violating IRSA, SEC and accounting
[15:34.840 --> 15:38.600]  rules ASC topics 860 through 810.
[15:38.600 --> 15:50.240]  So what the saying is, is that the originating bank sold the right to the receivables to
[15:50.240 --> 16:01.480]  another party and under IRSA, SEC and ASC rules they're not allowed to purchase this
[16:01.480 --> 16:06.760]  debt back.
[16:06.760 --> 16:13.960]  This raises a question, this sounds exactly like what's done in real property.
[16:13.960 --> 16:19.960]  And they assert here the originating bank transforms into the servicer for the asset
[16:19.960 --> 16:21.520]  backed securities.
[16:21.520 --> 16:36.440]  Earlier, they read the part where the debt collector bought evidence of the debt.
[16:36.440 --> 16:42.960]  That raises a question, when they bought evidence of the debt, did they do it through a contract
[16:42.960 --> 16:47.840]  that made them the authorized servicer of the debt?
[16:47.840 --> 16:50.360]  Hang on, I'm going to talk to you on the radio.
[16:50.360 --> 17:00.760]  I'll call it number 512-646-1984.
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[18:58.920 --> 18:59.920]  collectors now.
[18:59.920 --> 19:12.520]  You are listening to the Logos Radio Network, logosradionetwork.com.
[19:12.520 --> 19:33.600]  Okay.
[19:33.600 --> 19:34.600]  We are back.
[19:34.600 --> 19:42.640]  Randy Kelton, your radio is here with a special guest, Mr. Jeff Sand, and Jeff is the one
[19:42.640 --> 19:43.640]  who sent me this document.
[19:43.640 --> 19:50.240]  If you listen to our show a lot, you've heard Jeff speak to the fact that these debt collectors
[19:50.240 --> 19:53.360]  don't actually hold the debt.
[19:53.360 --> 20:00.000]  They just hold a spreadsheet that gives evidence that a debt exists.
[20:00.000 --> 20:03.040]  So did I paraphrase that correctly, Jeff?
[20:03.040 --> 20:08.680]  Well, yes, but here's the thing that I want to do right off the bat.
[20:08.680 --> 20:14.960]  Let's make a distinction between debt collectors and debt buyers.
[20:14.960 --> 20:20.000]  Debt collector is actually collecting on behalf of a creditor.
[20:20.000 --> 20:29.160]  Debt buyer has purchased the spreadsheets and are collecting on behalf of themselves.
[20:29.160 --> 20:38.120]  Okay, that is not a distinction that I have came across before.
[20:38.120 --> 20:49.720]  When the debt buyer buys the evidence of the debt, and then is it the debt buyer that proceeds
[20:49.720 --> 20:57.880]  to try to act under an authority to collect the debt, does he become a debt collector?
[20:57.880 --> 21:05.400]  Yes, yes, but their actions are those of a debt collector.
[21:05.400 --> 21:12.560]  Okay, so they're a debt buyer that acts in the capacity of a debt collector.
[21:12.560 --> 21:13.560]  Right.
[21:13.560 --> 21:16.560]  Okay, that's a fine distinction to make.
[21:16.560 --> 21:26.360]  Now, wait a minute, if an entity is collecting for the original debtor, there's my understanding
[21:26.360 --> 21:31.960]  under the Credit Collections Practices Act that they are not considered a debt collector.
[21:31.960 --> 21:35.240]  Say that again, please.
[21:35.240 --> 21:45.040]  That if an entity is collecting for the originator of a note or of an obligation, is essentially
[21:45.040 --> 21:53.160]  an agent of the originator of the debt, then they are not debt collectors.
[21:53.160 --> 21:55.160]  Not accurate.
[21:55.160 --> 22:03.080]  Okay, he's a debt collector because he's attempting to collect a debt owed to another party.
[22:03.080 --> 22:14.600]  Well, I've had this come up in court where they claim that since they were an agent of
[22:14.600 --> 22:21.720]  the originator of the debt, that they were not a debt collector, and it was ruled that
[22:21.720 --> 22:22.720]  that was the case.
[22:22.720 --> 22:28.520]  Well, they're a debt collector because they're attempting to collect a debt prior to it.
[22:28.520 --> 22:29.520]  That was the problem.
[22:29.520 --> 22:33.000]  Wasn't that simple?
[22:33.000 --> 22:41.560]  What the court said was that when an entity is acting as an agent for the original debtor,
[22:41.560 --> 22:45.080]  he's not a debt collector, but once...
[22:45.080 --> 22:48.640]  That's not accurate either.
[22:48.640 --> 22:50.800]  I'm telling you what the court said.
[22:50.800 --> 22:51.800]  I'm not saying it's accurate.
[22:51.800 --> 22:52.800]  I don't care what the court said.
[22:52.800 --> 22:59.320]  If that statement was taken up on an appeal, the judge would get slapped for it.
[22:59.320 --> 23:05.560]  Well, we've never had a judge get slapped for anything.
[23:05.560 --> 23:06.560]  We've seen it done.
[23:06.560 --> 23:10.560]  We've seen it done literally, but it's done.
[23:10.560 --> 23:11.560]  Okay.
[23:11.560 --> 23:20.520]  There's something I'm trying to get to in reading this document.
[23:20.520 --> 23:26.800]  Can I interrupt you, because I want to handle two points right off the bat that came up
[23:26.800 --> 23:29.720]  during your original discussion.
[23:29.720 --> 23:39.120]  I can send you copies of actual bill of sales for debts that were sold, and one of the things
[23:39.120 --> 23:48.880]  you'll find in there is that this evidence of debt that was sold is sold as is, whereas
[23:48.880 --> 23:54.920]  with no warranties as to accuracy and without recourse.
[23:54.920 --> 24:00.720]  That answered the next question I was going to ask.
[24:00.720 --> 24:07.640]  In reading paragraph 43 of this document, the main results of securitization are, one,
[24:07.640 --> 24:13.200]  the originating bank gets paid in full, two, the originating bank surrenders all control
[24:13.200 --> 24:18.680]  and ownership, including all rights, title, and interest over the receivables, three, the
[24:18.680 --> 24:26.560]  outside investors own the receivables as a result of a true sale, four, evidence of indebtedness
[24:26.560 --> 24:33.840]  is delivered to the trustee, five, the originating bank transforms into the servicer for the
[24:33.840 --> 24:36.320]  asset-backed security.
[24:36.320 --> 24:38.520]  That's where my question arose.
[24:38.520 --> 24:39.520]  Okay.
[24:39.520 --> 24:50.880]  So, if I've got a loan with Wells Fargo on residential real estate, and Wells Fargo sells
[24:50.880 --> 25:00.040]  their indebtedness, it sells their right to be paid on the indebtedness into a pool, then
[25:00.040 --> 25:04.200]  they become the servicer for the debt.
[25:04.200 --> 25:09.920]  It is Wells Fargo now, a debt collector.
[25:09.920 --> 25:16.280]  Yes, but only if they took the servicing when it was in default.
[25:16.280 --> 25:17.280]  Okay.
[25:17.280 --> 25:28.920]  So, if they sold the asset immediately and it was not in default, they don't own the
[25:28.920 --> 25:34.880]  debt anymore, somebody else does, rather a servicer collecting for somebody else.
[25:34.880 --> 25:35.880]  Right.
[25:35.880 --> 25:37.680]  How are they not a debt collector?
[25:37.680 --> 25:44.440]  One of the things you'll find is that in a lot of cases, the servicer that you just mentioned,
[25:44.440 --> 25:50.480]  when that debt goes into default, they sell the servicing off to someone like Aquin or
[25:50.480 --> 25:52.680]  Green Tree or U.S. Bank.
[25:52.680 --> 25:54.080]  You understand that.
[25:54.080 --> 26:01.520]  I know they do that, and that would seem to fit the argument that was made by these lawyers
[26:01.520 --> 26:10.920]  that their client was the servicer prior to the debt going into default, and they were
[26:10.920 --> 26:15.120]  collecting for the holder and therefore weren't debt collectors.
[26:15.120 --> 26:16.120]  Right.
[26:16.120 --> 26:26.480]  And so, that's the distinction I'm trying to make here, when these entities purchased
[26:26.480 --> 26:36.720]  evidence of the debt, did they also secure a contract with the seller of the debt that
[26:36.720 --> 26:42.680]  gave them power of attorney to act for the seller of the debt to collect, seller of the
[26:42.680 --> 26:45.680]  evidence of debt to collect the original debt?
[26:45.680 --> 26:46.680]  No.
[26:46.680 --> 26:47.680]  No.
[26:47.680 --> 26:53.680]  And that was, your prior statement answered that question, that they didn't get a contract.
[26:53.680 --> 26:54.680]  No.
[26:54.680 --> 27:01.080]  See, and that's where, that's where that, you know, what they call the purchase of interest
[27:01.080 --> 27:12.640]  comes to bear, they don't, the servicer that sold, basically sold the debt on behalf of
[27:12.640 --> 27:23.720]  the trust, sold the debt and can't charge interest on it, it's been called in full.
[27:23.720 --> 27:29.480]  And the debt buyer can't charge interest because there's no contract with the debtor to charge
[27:29.480 --> 27:30.480]  interest.
[27:30.480 --> 27:38.120]  So, what asset did is start saying, hey, I want you to include all the interest from
[27:38.120 --> 27:48.160]  date of default till time of purchase, because asset saw that a number of cases where debt
[27:48.160 --> 27:58.040]  buyers were attempting to charge interest got slammed down under FDCPA, okay?
[27:58.040 --> 27:59.200]  Okay.
[27:59.200 --> 28:08.400]  So, they were actually purchasing, you know, the pre-purchase interest that they couldn't charge.
[28:08.400 --> 28:13.800]  And that way we're attempting to find a way around being sued overcharging interest that
[28:13.800 --> 28:23.080]  there was no contract to charge interest on, isn't that slick?
[28:23.080 --> 28:29.320]  I'm not sure I understand the second what's going on here.
[28:29.320 --> 28:34.480]  They can't sell the account because that's been sold and they can't get it back to sell
[28:34.480 --> 28:35.480]  it.
[28:35.480 --> 28:39.680]  Okay, wait a minute, too many pronouns, I'm losing track.
[28:39.680 --> 28:49.880]  All right, the, the original debtor, the credit card debt to the trust, can't get it back,
[28:49.880 --> 28:57.040]  can't get the credit card account back, the account, and this is important, the account
[28:57.040 --> 28:59.160]  has been sold.
[28:59.160 --> 29:02.960]  That's the one, the account is what has the contract.
[29:02.960 --> 29:05.640]  It's been sold, they can't get it back.
[29:05.640 --> 29:08.840]  It stays in the trust no matter what.
[29:08.840 --> 29:17.400]  So, when they go to sell this, there's no additional interest added on beyond the point
[29:17.400 --> 29:18.400]  of default.
[29:18.400 --> 29:22.680]  It's kind of like the acceleration notice.
[29:22.680 --> 29:23.680]  Right.
[29:23.680 --> 29:24.680]  Right.
[29:24.680 --> 29:25.680]  Once the...
[29:25.680 --> 29:26.680]  Right.
[29:26.680 --> 29:30.400]  Once they enter default, the contract is essentially terminated.
[29:30.400 --> 29:31.400]  Right.
[29:31.400 --> 29:41.760]  So, so, what Asset was doing is, we're going to buy this evidence of debt and we want you
[29:41.760 --> 29:44.600]  to calculate the interest in their force in our purchase.
[29:44.600 --> 29:47.600]  Okay, hold on Jeff, we're about to go to break.
[29:47.600 --> 29:48.600]  Ready to call.
[29:48.600 --> 29:49.600]  Okay.
[29:49.600 --> 29:55.600]  We'll have our radio, our call in number 512-646-1984, give us a call, we'll keep the call, the lines
[29:55.600 --> 30:02.560]  open all night, we'll be right back.
[30:02.560 --> 30:06.520]  Radio frequency microchips are often used to track products as they make their way to
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[33:01.040 --> 33:10.240]  You're listening to the Logos Radio Network at logosradionetwork.com.
[33:10.240 --> 33:26.400]  Yeah, I got a warrant, and I'm going to solve them, to the government them, prosecute them.
[33:26.400 --> 33:27.400]  Okay.
[33:27.400 --> 33:53.000]  We are back, Randy Kelton, Rule of Law Radio, here with Jeff Sedgwick, and when we went
[33:53.000 --> 34:03.320]  out, Jeff, you were talking about how the debt actually, what actually gets transferred,
[34:03.320 --> 34:08.720]  that it's not actually the debt because the bank or the originator of the debt doesn't
[34:08.720 --> 34:14.000]  own any more and they can't get it back.
[34:14.000 --> 34:15.000]  You kind of-
[34:15.000 --> 34:18.880]  They can't sell the account as opposed to the debt.
[34:18.880 --> 34:21.120]  They can't sell the account.
[34:21.120 --> 34:27.360]  So whoever purchases the debt is actually purchasing the evidence of debt, because nothing
[34:27.360 --> 34:29.080]  about that account can be transferred.
[34:29.080 --> 34:30.080]  Okay, wait.
[34:30.080 --> 34:42.560]  When you say they, the originator of the debt sells the account to the pool, so that entity
[34:42.560 --> 34:47.360]  gets the account and the originator of the debt can't get it back.
[34:47.360 --> 34:49.360]  Can't get it back.
[34:49.360 --> 34:51.240]  The account stays there.
[34:51.240 --> 34:58.160]  So yeah, to take it that once it goes to the pool, they don't sell the account, either
[34:58.160 --> 35:01.480]  don't or can't sell the account to anyone.
[35:01.480 --> 35:03.140]  Right.
[35:03.140 --> 35:10.680]  So it stays where it's at, and whatever they sell is not the account, but just evidence
[35:10.680 --> 35:11.680]  of the debt.
[35:11.680 --> 35:19.840]  When I was reading this, I'm thinking, okay, if I was being hired to collect a debt for
[35:19.840 --> 35:24.560]  this company, they would have to give me evidence of the debt, but they wouldn't have to actually
[35:24.560 --> 35:26.160]  give me the debt.
[35:26.160 --> 35:35.560]  And that's why I was wondering, is there also an agency contract that the buyer gets when
[35:35.560 --> 35:37.000]  he buys the evidence of the debt?
[35:37.000 --> 35:44.360]  And you answered that question, that he buys the debt without any warranty.
[35:44.360 --> 35:52.800]  Let me show you how, or tell you rather, how one particular debt buyer does that, and that's
[35:52.800 --> 35:55.800]  Encore Capital.
[35:55.800 --> 35:59.920]  Encore Capital owns Midland Funding.
[35:59.920 --> 36:07.240]  Midland Funding buys those spreadsheets of evidence of debt.
[36:07.240 --> 36:14.520]  On the other hand, Encore also owns Midland Credit Management, and Midland Credit Management
[36:14.520 --> 36:21.320]  takes the information from Midland Funding and goes out and collects, so they can say
[36:21.320 --> 36:28.360]  that they're attempting to collect a debt for another party.
[36:28.360 --> 36:36.960]  And the other party is Midland Funding, because Midland Funding is the one that owns the spreadsheets
[36:36.960 --> 36:41.920]  with the evidence of debt.
[36:41.920 --> 36:42.920]  But Midland Funding-
[36:42.920 --> 36:49.040]  Same thing with Asset.
[36:49.040 --> 36:55.080]  So they're just spreading a lot of entities around, and nobody really owns, none of these
[36:55.080 --> 36:58.560]  entities own the debt, so the question-
[36:58.560 --> 37:01.920]  They don't own the debt, they just own evidence of the debt.
[37:01.920 --> 37:06.640]  So when they collect on it, they keep all the money.
[37:06.640 --> 37:07.680]  That's right.
[37:07.680 --> 37:14.960]  So they're not collecting for the secured pool, they're collecting for themselves.
[37:14.960 --> 37:21.360]  Well, they're collecting, in the case of Midland Credit Management, Midland Credit Management
[37:21.360 --> 37:27.320]  is collecting on behalf of Midland Funding.
[37:27.320 --> 37:32.640]  Which essentially, while legally they're not all the same entity, they're all the debt
[37:32.640 --> 37:37.760]  collector for the debt buyer.
[37:37.760 --> 37:41.080]  And they're all owned by Encore Capital.
[37:41.080 --> 37:47.720]  They're all the debt buyer, and they're not the entity that actually holds the debt.
[37:47.720 --> 37:57.160]  Now it talks about the holder of the debt, writing off the debt, and that's why-
[37:57.160 --> 38:03.680]  Here's where I have some difficulty, and it came up while I was reading this case.
[38:03.680 --> 38:15.800]  If Asset or Midland Funding or Midland Credit Management do not own the debt, where is the
[38:15.800 --> 38:22.800]  legal authority for them to file a 1099 for having forgiven the debt when they do not
[38:22.800 --> 38:25.400]  own the debt?
[38:25.400 --> 38:33.960]  So that's a really nice way of taking a company that's producing taxable profit in one area.
[38:33.960 --> 38:41.360]  You go out and buy a whole bunch of evidence of debt, and then write it off and take a
[38:41.360 --> 38:44.360]  1099 on it.
[38:44.360 --> 38:56.360]  Do you think, I hate to use the word, but do you think there might be some fraud there?
[38:56.360 --> 39:07.240]  Well that's what's claimed here, and I certainly hope that they can pull this one off.
[39:07.240 --> 39:13.960]  This is the first treatment of this kind of issue that has actually made sense to me.
[39:13.960 --> 39:14.960]  Okay.
[39:14.960 --> 39:15.960]  Well here's the thing.
[39:15.960 --> 39:20.560]  Once you get into that document a little bit further, if you haven't gotten there yet,
[39:20.560 --> 39:27.800]  you will find that this particular lawsuit is all predicated upon a preceding lawsuit
[39:27.800 --> 39:37.400]  by the FTC against this group, and the FTC got a consent order.
[39:37.400 --> 39:41.760]  They agreed not to do this anymore.
[39:41.760 --> 39:43.760]  Did you hear that, Randy?
[39:43.760 --> 39:49.440]  They agreed not to behave this way anymore.
[39:49.440 --> 39:57.560]  So they're essentially subject to collateral estoppel from claiming that their behavior
[39:57.560 --> 40:02.000]  was anything other than knowingly wrongful.
[40:02.000 --> 40:19.800]  Well, if you remember back a couple, three years ago, HFBC got fined $1.9 billion because
[40:19.800 --> 40:26.280]  they were money laundering into mortgage-backed securities monies for the drug cartels.
[40:26.280 --> 40:27.280]  Yes.
[40:27.280 --> 40:35.240]  I'm surprised they didn't get put out of business the way Washington Mutual and Wachovia did.
[40:35.240 --> 40:37.920]  That's exactly what happened to those two.
[40:37.920 --> 40:45.200]  $1.9 billion to that size of bank is a day's revenue.
[40:45.200 --> 40:51.000]  One day didn't hurt them a bit.
[40:51.000 --> 40:55.720]  Just cost of doing business.
[40:55.720 --> 41:01.040]  And that's pretty much what I tell people about going after the credit card company
[41:01.040 --> 41:03.080]  about the debt collectors.
[41:03.080 --> 41:04.080]  They do everything wrong.
[41:04.080 --> 41:07.800]  They know they're doing everything wrong, but they don't care and make a lot of money
[41:07.800 --> 41:08.800]  doing it.
[41:08.800 --> 41:13.520]  And every once in a while somebody comes along and stings them, well, it's cost of doing
[41:13.520 --> 41:14.520]  business.
[41:14.520 --> 41:15.520]  Right.
[41:15.520 --> 41:16.520]  Right.
[41:16.520 --> 41:29.560]  And was it last year that one particular individual got a judgment, a court judgment for, I think
[41:29.560 --> 41:30.560]  it was $81 million?
[41:30.560 --> 41:33.560]  Yeah, a woman out of Kansas City, Missouri.
[41:33.560 --> 41:34.560]  Uh-huh.
[41:34.560 --> 41:43.560]  Because of the credit and the debt she never owed in the first place.
[41:43.560 --> 41:44.560]  Yeah.
[41:44.560 --> 41:50.800]  One of the things about this particular case that you were talking about this evening,
[41:50.800 --> 42:00.600]  if you look down about the fourth plaintiff, this is a lady who has joined the lawsuit,
[42:00.600 --> 42:16.320]  who had paid off her debt in 2004 and still has that, got a judgment against her.
[42:16.320 --> 42:21.200]  By using false evidence.
[42:21.200 --> 42:23.200]  It doesn't say how they did it.
[42:23.200 --> 42:28.520]  And I haven't read into it enough to know yet how it was they did it.
[42:28.520 --> 42:35.120]  But it's not the least bit uncommon, Randy, is you go and check out the CFPB, that's the
[42:35.120 --> 42:40.960]  Consumer Financial Protection Bureau, that was created out of the Dodd-Frank Act, you'll
[42:40.960 --> 42:51.280]  find that 40% of their complaints are people who do not owe their debt.
[42:51.280 --> 42:54.640]  That is almost half of them.
[42:54.640 --> 42:58.300]  Oh my goodness.
[42:58.300 --> 42:59.760]  We need more people suing.
[42:59.760 --> 43:00.760]  Uh-huh.
[43:00.760 --> 43:01.760]  We do.
[43:01.760 --> 43:02.760]  We need more people suing.
[43:02.760 --> 43:03.760]  Uh-huh.
[43:03.760 --> 43:04.760]  We do.
[43:04.760 --> 43:05.760]  We do.
[43:05.760 --> 43:06.760]  We need a lot of people out there suing.
[43:06.760 --> 43:16.200]  Okay, hang on, we're about to go the, it's not the top of the hour break, okay, I'm getting
[43:16.200 --> 43:25.600]  the bumper music way ahead of time, I'm sorry, Jeff, go ahead, we've got 30 seconds.
[43:25.600 --> 43:35.800]  The thing that can be reassuring to the listening public is under the FTCPA, there is fee shifting,
[43:35.800 --> 43:40.960]  that is, the other side has to pay your legal fees.
[43:40.960 --> 43:45.600]  So if you are unwilling to do it yourself...
[43:45.600 --> 43:50.400]  Okay, wait, we're out of time now, hang on, Randy Kelton, we have our radio, I'll call
[43:50.400 --> 43:57.400]  it number 512-646-1984, we'll be right back.
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[46:20.680 --> 46:48.840]  Okay.
[46:48.840 --> 46:49.840]  We are back.
[46:49.840 --> 46:55.120]  I'm Randy Kelton, Rule of Law Radio, and I want to talk a little more about this.
[46:55.120 --> 46:57.880]  Mark, I see you there.
[46:57.880 --> 47:00.600]  Be patient with us.
[47:00.600 --> 47:08.520]  This is a subject that I've been trying to better understand in detail for a long time
[47:08.520 --> 47:19.400]  and this particular document was the first reading of the issue where the writers structured
[47:19.400 --> 47:26.840]  their complaint in a way that it actually made sense to me.
[47:26.840 --> 47:31.120]  So you're supposed to write a legal document so an eighth grader can read it.
[47:31.120 --> 47:34.960]  I think this guy wrote it so a fifth grader could read it and understand it because I
[47:34.960 --> 47:39.400]  actually seem to get it.
[47:39.400 --> 47:47.000]  I understood it well enough to be able to ask questions and that seldom happens when
[47:47.000 --> 47:53.160]  I read a lot of these legal documents that just don't make sense to me.
[47:53.160 --> 47:55.280]  This one did.
[47:55.280 --> 48:05.600]  So if I get this right, the original creditor sells the accounts receivable, the account
[48:05.600 --> 48:16.760]  itself to another entity, generally a pool, and once it's sold to them, this entity
[48:16.760 --> 48:23.880]  can't get it back for whatever reason all these rules are prevented.
[48:23.880 --> 48:33.240]  But this entity can buy back the evidence of that debt and then pretend to be the original
[48:33.240 --> 48:39.760]  creditor while he's actually just a debt collector.
[48:39.760 --> 48:44.880]  He pretends to be collecting it for the purpose of extinguishing the debt but he's doing no
[48:44.880 --> 48:47.280]  such thing.
[48:47.280 --> 48:50.560]  He's collecting it to put his hands on the pocket.
[48:50.560 --> 49:00.240]  Now how does the buyer of the debt get paid in full on default?
[49:00.240 --> 49:03.240]  That I didn't understand.
[49:03.240 --> 49:06.640]  You mean buyer of the account?
[49:06.640 --> 49:07.640]  Yes.
[49:07.640 --> 49:10.760]  Insurance policies?
[49:10.760 --> 49:16.960]  So that was like the, because that wasn't clear in here how they do it.
[49:16.960 --> 49:21.280]  Well it's not part of the case.
[49:21.280 --> 49:27.320]  Okay, I understand that, it's just that when I read it, it wasn't clear to me what they
[49:27.320 --> 49:28.320]  were talking about.
[49:28.320 --> 49:29.320]  I understand.
[49:29.320 --> 49:33.520]  But all that would do is open up doors they don't want to open up so they're not going
[49:33.520 --> 49:35.040]  to talk about that.
[49:35.040 --> 49:38.040]  They're talking about derivatives.
[49:38.040 --> 49:40.040]  Yeah, credit swaps.
[49:40.040 --> 49:49.480]  Okay, so it wasn't, I wasn't sure if the original seller or the original creditor paid that
[49:49.480 --> 49:55.720]  off or how that got paid off but if the original creditor doesn't pay it off then he's been
[49:55.720 --> 50:00.560]  paid in full so he has no claim in his own right.
[50:00.560 --> 50:08.680]  Then if he goes back and buys the evidence of debt of those that are bounced out of the
[50:08.680 --> 50:14.160]  pool because, I take it these are, all of that, these that are so old are the ones that
[50:14.160 --> 50:17.200]  are kicked out of the pool because they're non-performing.
[50:17.200 --> 50:23.160]  So then he goes back and collects that for himself because the investor don't care because
[50:23.160 --> 50:28.620]  he got the insurance policy to pay off.
[50:28.620 --> 50:37.540]  So it's the insurance companies and the consumer are the ones that offer the cost while everybody
[50:37.540 --> 50:40.320]  in between is making a serious fortune.
[50:40.320 --> 50:46.840]  Well there's another side to keep in mind too and I don't know that this is indeed true
[50:46.840 --> 50:55.440]  but since the trusts are a pass-through organization wouldn't a defaulted amount pass through as
[50:55.440 --> 51:01.320]  a tax deduction to the investors?
[51:01.320 --> 51:10.280]  Well as I understand the way they use these securities is they use it to adjust their
[51:10.280 --> 51:14.840]  tax burdens but I would suspect it would almost have to.
[51:14.840 --> 51:21.880]  They purchase the debt and if the debt doesn't get paid back then they have a direct loss.
[51:21.880 --> 51:31.400]  Well say I can remember a time and this was back in the 90s where if you had more tax
[51:31.400 --> 51:39.520]  deduction than you could use you could sell what you had.
[51:39.520 --> 51:50.760]  But you know that's pretty much the end of that one but it used to be you could do that.
[51:50.760 --> 51:59.640]  So now they can't do that now they just have to take it as a loss and they can carry it
[51:59.640 --> 52:00.640]  over.
[52:00.640 --> 52:08.960]  These pools are basically pass-through organizations you know it would seem reasonable to me that
[52:08.960 --> 52:15.240]  you know a defaulted account that deduction would pass right on through to the investors
[52:15.240 --> 52:16.240]  as well.
[52:16.240 --> 52:24.600]  I do not know that okay that I'm not stating the fact that it's pure conjecture on my part
[52:24.600 --> 52:28.320]  and I could be mistaken.
[52:28.320 --> 52:33.120]  I can't comment on that because it's beyond definitely beyond my scope.
[52:33.120 --> 52:39.200]  Okay were there any other questions that you had Randy?
[52:39.200 --> 52:46.280]  Not until I read it more thoroughly but I am getting a better understanding of the claims
[52:46.280 --> 52:53.560]  that are being made against the debt collector.
[52:53.560 --> 52:59.000]  More technically how it works so that was I really appreciated this particular document
[52:59.000 --> 53:01.720]  I thought it was very well.
[53:01.720 --> 53:04.600]  Well I've come up with a couple of gifs for you lately.
[53:04.600 --> 53:11.440]  Yes you did that's why we keep you around even though you're old and decrepit.
[53:11.440 --> 53:14.160]  Well I don't know about the decrepit part.
[53:14.160 --> 53:15.160]  We'll take the old.
[53:15.160 --> 53:19.000]  I know old I can speak to old.
[53:19.000 --> 53:25.080]  Yeah now did Mark have a question for me or is he calling in on a different topic?
[53:25.080 --> 53:27.240]  Let's find out hello Mr. Mark.
[53:27.240 --> 53:29.240]  Hi there Jim.
[53:29.240 --> 53:33.040]  I got to take my speaker phone off.
[53:33.040 --> 53:39.760]  I am actually very interested in asking you a little bit about FTCPA issues and I'll be
[53:39.760 --> 53:46.600]  on your call on Tuesday I think it's your call but in any event I'm very curious about
[53:46.600 --> 53:51.320]  something in that I have a I've talked about it a few times on the radio here but I have
[53:51.320 --> 53:56.800]  a lawsuit that was filed I have a judgment after two years and we're looking at doing
[53:56.800 --> 54:07.320]  a writ of certiorari I think it will be ultimately and the situation for me is one where I have
[54:07.320 --> 54:14.840]  a very clearly fraudulent assignment it is absolutely a debt buyer that is here I'm aware
[54:14.840 --> 54:21.200]  now but I didn't know then but this is a plaintiff that probably can't show harm I would suspect
[54:21.200 --> 54:28.400]  and so that may be yet one other thing to touch on but what I'm curious about FTCPA
[54:28.400 --> 54:35.120]  I understand has a one year statute of limitations so I can't sue for the for them having filed
[54:35.120 --> 54:39.160]  the suit when they have no standing to do it but I've been getting dunning letters
[54:39.160 --> 54:45.880]  every month from these guys and ironically it says you're exactly you know three thousand
[54:45.880 --> 54:51.800]  something you know days you know past due on this which shows that the essential limitations
[54:51.800 --> 54:58.520]  is told according to that but and then that's one of the things I had brought up can I sue
[54:58.520 --> 55:08.720]  for those let's back up for just a moment here you got a first dunning letter correct
[55:08.720 --> 55:16.800]  I have a first letter maybe two years ago sure okay did you dispute demand validation
[55:16.800 --> 55:24.480]  within the first 30 days of having received that letter no I missed all that then then
[55:24.480 --> 55:35.120]  your answer is no oh so I'm out of luck huh on that on that issue alone there may be others
[55:35.120 --> 55:45.920]  well here's the thing if you had and let's say you didn't file an action against them
[55:45.920 --> 55:57.120]  until the eighth or ninth letter that's fine that's a new offense okay so I would have
[55:57.120 --> 56:02.360]  had to have done it in a timely manner and I'm certainly not timely because I was ignorant
[56:02.360 --> 56:10.360]  but well we've all been there sure isn't it amazing how much you learn while you're going
[56:10.360 --> 56:18.360]  down the gurgler oh no kidding the joy of helping really really is great for me it's
[56:18.360 --> 56:24.200]  becoming greater and greater and greater all the time the more time I invest trying to
[56:24.200 --> 56:30.040]  learn what's going on and dig in on this so one way or another it's going to make my life
[56:30.040 --> 56:35.640]  richer one way or another anyway I'm still looking for tcpa arrest button some of these
[56:35.640 --> 56:41.440]  other issues but I think and definitely there's possibility of fraud I have a three-year statute
[56:41.440 --> 56:47.200]  limitations on that I'm not done with that I've got one lawyer that seems to have some
[56:47.200 --> 56:55.360]  sense and it's been very I would strongly suggest to you sir that you avoid fraud okay
[56:55.360 --> 57:04.680]  I'm interested in knowing why well because the pleading standard is radically different
[57:04.680 --> 57:10.720]  you have to plead with particularity and specificity we basically have to have a 10-wheeled dump
[57:10.720 --> 57:17.560]  truck full of evidence to show intent and if you can't show intent then you can't you
[57:17.560 --> 57:26.320]  can't prevail and one of the things you have to do with the escalated pleading standards
[57:26.320 --> 57:34.040]  you have to show intent right and how are you going to show what somebody intended to
[57:34.040 --> 57:40.920]  do that's very difficult it's not almost impossible that's right up there with pushing
[57:40.920 --> 57:51.880]  a rope and proving a negative well I have an idea shoot me down if you can I'm not trying
[57:51.880 --> 57:58.520]  to get you down oh no no I'm not really I'm not no no I don't believe that at all but
[57:58.520 --> 58:05.360]  I hear the music well you believe I am hang on this is a video and still got we still
[58:05.360 --> 58:13.120]  got 45 seconds no okay oh no no I'm not saying that I want to ask a question and see what
[58:13.120 --> 58:17.960]  you thought about it but as we've got the music playing we can wait until after we come
[58:17.960 --> 58:24.240]  back if that makes sense okay okay yeah we're about to go to break we'll pick this up on
[58:24.240 --> 58:30.040]  the other side this is Randy Kelton we'll go radio I call it number five one two six
[58:30.040 --> 58:35.760]  full six 1984 this is the top of the hour break so it's a good time to go to logos radio
[58:35.760 --> 58:42.280]  network dot com and visit our sponsors and help support the station thank you all for
[58:42.280 --> 58:53.240]  listening we'll be right back would you like to make more definite progress in your walk
[58:53.240 --> 58:59.640]  with God Bibles for America is offering a free study Bible and a set of free Christian books
[58:59.640 --> 59:04.520]  that can really help the New Testament recovery version is one of the most comprehensive study
[59:04.520 --> 59:09.960]  Bibles available today it's an accurate translation and it contains thousands of footnotes that
[59:09.960 --> 59:14.800]  will help you to know God and to know the meaning of life the free books are a three
[59:14.800 --> 59:20.600]  volume set called basic elements of the Christian life chapter by chapter basic elements of
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[59:26.200 --> 59:32.400]  to build up the church to order your free New Testament recovery version and basic elements
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[59:45.920 --> 01:00:03.200]  online at BFA dot o RG live free speech radio logos radio network dot com the following
[01:00:03.200 --> 01:00:08.800]  these flashes brought to you by the Lone Star Lowdown providing the deli gullisons for the
[01:00:08.800 --> 01:00:16.560]  commodities market today in history news updates and the inside scoop into the tides of the
[01:00:16.560 --> 01:00:27.480]  alternative markets for the 20th of August 2015 opened up with gold at one thousand one
[01:00:27.480 --> 01:00:31.080]  hundred fifty four dollars and seventy six cents an ounce silver fifteen dollars and
[01:00:31.080 --> 01:00:35.480]  fifty four cents an ounce texas crude forty dollars and eighty cents a barrel and bitcoin
[01:00:35.480 --> 01:00:44.840]  is currently sitting in about two hundred and thirty five U.S. currency today in history
[01:00:44.840 --> 01:00:50.880]  Sunday August 20th 1922 the world's first women's Olympic Games are held in track and
[01:00:50.880 --> 01:00:56.440]  field competitions in Paris France the tournament was held on a single day and was in response
[01:00:56.440 --> 01:01:02.000]  to the International Olympics Committee refusal to include women's events and the 1924 Olympic
[01:01:02.000 --> 01:01:07.440]  Games the games were attended by an audience of roughly 20,000 spectators 18 world records
[01:01:07.440 --> 01:01:16.800]  were set in recent news Jared Fogel's wife Katie has officially filed for divorce from
[01:01:16.800 --> 01:01:22.560]  their five-year marriage yesterday as the ex-spokesman for Subway agreed to plead guilty
[01:01:22.560 --> 01:01:27.520]  to charges of sexual intercourse with at least two minors and possession of child pornography
[01:01:27.520 --> 01:01:32.240]  he has agreed to pay out 1.4 million dollars in total to the victims in restitution for
[01:01:32.240 --> 01:01:37.040]  counseling support treatment or other assistance related to their abuse he apparently wasn't
[01:01:37.040 --> 01:01:41.600]  doing this alone as Russell Taylor who was the executive director of Fogel's childhood
[01:01:41.600 --> 01:01:52.440]  obesity charity was also involved in these obscenities they are both expected to do time
[01:01:52.440 --> 01:01:56.680]  federal scientists announced today that this last July was the all-time warmest month ever
[01:01:56.680 --> 01:02:02.200]  recorded since the 1880s when modern temperature record-keeping first began scientists are predicting
[01:02:02.200 --> 01:02:06.480]  that as a result of this heat wave the Pacific Ocean will continue to warm up causing the
[01:02:06.480 --> 01:02:11.680]  ocean to release even more heat into the atmosphere almost certainly making 2015 the hottest year
[01:02:11.680 --> 01:02:16.760]  ever recorded the debate is expected to continue between whether these increases in temperatures
[01:02:16.760 --> 01:02:26.800]  are a result of man-made climate change or simply part of Earth's climate cycles women
[01:02:26.800 --> 01:02:31.360]  will be allowed to vote and run for office in Saudi Arabia's municipal elections for
[01:02:31.360 --> 01:02:36.400]  the first time ever the Arab woman's suffrage comes four years after the late Saudi King
[01:02:36.400 --> 01:02:43.320]  Abdullah bin Abdulaziz al-Assad approved the changes back in 2011 apparently 70 women are
[01:02:43.320 --> 01:02:47.880]  looking to run as candidates while another 80 have registered as campaign managers many
[01:02:47.880 --> 01:02:51.480]  are still questioning whether this really brings any substantial change to a country
[01:02:51.480 --> 01:02:56.640]  where women's activities and rights are heavily restricted this is your lowdown for August
[01:02:56.640 --> 01:03:15.800]  20th 2013
[01:03:15.800 --> 01:03:35.400]  We are back, Randy Kelton with La Radio, here with Jeff Sedgwick, and we're talking to Mark
[01:03:35.400 --> 01:03:36.400]  in Texas.
[01:03:36.400 --> 01:03:41.400]  Okay, Mark, where were we when we went up?
[01:03:41.400 --> 01:03:42.400]  Mark?
[01:03:42.400 --> 01:03:47.400]  I want to, I'd like to clear something up with you, if I may.
[01:03:47.400 --> 01:03:48.400]  Sure.
[01:03:48.400 --> 01:03:55.280]  Now that I sucked the sails, the wind out of your sails with fraud, I'd like to offer
[01:03:55.280 --> 01:03:56.880]  to you a replacement.
[01:03:56.880 --> 01:04:01.160]  Oh, I'm listening, yeah, sure.
[01:04:01.160 --> 01:04:03.760]  Faults and misleading.
[01:04:03.760 --> 01:04:08.920]  Okay, that sounds, that sounds very good to me.
[01:04:08.920 --> 01:04:09.920]  That you can prove.
[01:04:09.920 --> 01:04:13.960]  I'll tell you why it sounds even better to me.
[01:04:13.960 --> 01:04:17.240]  I called the attorney general's office and I spoke to someone there.
[01:04:17.240 --> 01:04:21.360]  He was very interested in what I had to say, but in the end, that's kind of what he said,
[01:04:21.360 --> 01:04:26.280]  you know, until you've got a case on the record, it's not anything we can really look at.
[01:04:26.280 --> 01:04:30.040]  And then as we get into false and misleading, it changes everything.
[01:04:30.040 --> 01:04:37.360]  In my case, I have a, I want to bounce this off of you and let you elaborate on false
[01:04:37.360 --> 01:04:41.880]  and misleading as much as you would care to, if I may, and I want to clear something up
[01:04:41.880 --> 01:04:42.880]  with you.
[01:04:42.880 --> 01:04:46.400]  I didn't think that you were trying to shoot me down, break my heart, hurt me.
[01:04:46.400 --> 01:04:50.280]  You're just telling me how it is, and I appreciate it.
[01:04:50.280 --> 01:04:51.280]  That was my intent.
[01:04:51.280 --> 01:04:56.040]  Yeah, you bet, I'm learning and growing, no doubt about it.
[01:04:56.040 --> 01:05:03.400]  The situation with me is I have a original lender, Fremont, that filed bankruptcy in
[01:05:03.400 --> 01:05:04.720]  2008.
[01:05:04.720 --> 01:05:10.000]  Their assets were sold, I believe ultimately, maybe even today, to AQUIN, whom you just
[01:05:10.000 --> 01:05:13.840]  mentioned, that name I know.
[01:05:13.840 --> 01:05:18.340]  There's a servicer, and they have been nailed in other instances for false and misleading
[01:05:18.340 --> 01:05:21.320]  issues in other states, SPS.
[01:05:21.320 --> 01:05:27.280]  And just as you guys were saying, there's not enough damage from them losing anything
[01:05:27.280 --> 01:05:30.680]  that they care to stop, so there they are, I think.
[01:05:30.680 --> 01:05:35.920]  But in my case, they filed a suit, passed statute of limitations.
[01:05:35.920 --> 01:05:39.280]  Judge heard all that, and they just went in one ear and went out the other.
[01:05:39.280 --> 01:05:46.640]  I told the judge in the hearing that in the state of Arkansas, there's a law, there's
[01:05:46.640 --> 01:05:52.120]  a Supreme Court ruling for Southwest Homes, the MERS, that says that MERS can only act
[01:05:52.120 --> 01:05:53.240]  as an agent.
[01:05:53.240 --> 01:05:58.160]  They cannot act in of their own capacity to make assignments.
[01:05:58.160 --> 01:06:03.000]  And in the document that I have that they call a corporate assignment and mortgage,
[01:06:03.000 --> 01:06:07.200]  I've got an employee of the servicer actually signing this.
[01:06:07.200 --> 01:06:12.240]  He's not a MERS employee, as we all know, and they don't have employees other than
[01:06:12.240 --> 01:06:15.480]  the executives, or maybe two or three, I don't know.
[01:06:15.480 --> 01:06:22.960]  But anyways, as far as that goes, I understand from doing a little research that I can take
[01:06:22.960 --> 01:06:29.960]  affidavits from other cases, and as long as I get certified affidavits from the courts
[01:06:29.960 --> 01:06:34.600]  where those affidavits were filed, I can put those in front of the judge in my case, or
[01:06:34.600 --> 01:06:38.120]  put them in with something.
[01:06:38.120 --> 01:06:40.160]  And that's one thing I intend to do.
[01:06:40.160 --> 01:06:42.520]  But as far as false and misleading...
[01:06:42.520 --> 01:06:45.400]  Let me stop you right there for just a moment.
[01:06:45.400 --> 01:06:46.400]  Sure.
[01:06:46.400 --> 01:06:51.600]  The way you do that is you put it in front of the judge as a motion for the court to
[01:06:51.600 --> 01:07:01.800]  take judicial notice, and then you put that motion and an affidavit on top of the judicial
[01:07:01.800 --> 01:07:02.800]  notice.
[01:07:02.800 --> 01:07:03.800]  Got it.
[01:07:03.800 --> 01:07:04.800]  Okay.
[01:07:04.800 --> 01:07:10.840]  And it's appropriate at any time.
[01:07:10.840 --> 01:07:13.280]  Okay, got it.
[01:07:13.280 --> 01:07:19.160]  Putting it on the record or appeal, yeah.
[01:07:19.160 --> 01:07:20.160]  I got it.
[01:07:20.160 --> 01:07:26.000]  Well, as I've read about the... I've been doing a lot of research, and I'm not really
[01:07:26.000 --> 01:07:27.000]  certain what to do.
[01:07:27.000 --> 01:07:31.320]  But as I've read about RITs, they're a tricky business.
[01:07:31.320 --> 01:07:35.360]  There are instances where people have sought them, and the court shoots them down saying
[01:07:35.360 --> 01:07:38.120]  that appeal would have been the proper channel.
[01:07:38.120 --> 01:07:43.800]  But from what I read about the RIT of certiorari, they look at the record.
[01:07:43.800 --> 01:07:49.800]  And in this case, on the face value of the complaint, as we discussed I guess last week
[01:07:49.800 --> 01:07:54.640]  and you cleared this up for me, Randy, they filed this past the statute of limitations.
[01:07:54.640 --> 01:07:59.680]  They didn't have any records of anything else of any other payments to even allege would
[01:07:59.680 --> 01:08:01.680]  have told the statute.
[01:08:01.680 --> 01:08:11.040]  So my plan is to either make a motion to reopen and then appeal after that, or maybe both
[01:08:11.040 --> 01:08:14.040]  have to, or just seek this RIT of certiorari.
[01:08:14.040 --> 01:08:21.880]  As far as preparing the record for some kind of claim and then making the claim for something
[01:08:21.880 --> 01:08:28.120]  that's false and misleading, can you elaborate a little bit on how one would go about doing
[01:08:28.120 --> 01:08:32.680]  that, where we have someone saying they have standing, saying they have a right, saying
[01:08:32.680 --> 01:08:37.880]  they own a debt, saying they've been harmed when it's really not true at all.
[01:08:37.880 --> 01:08:38.880]  They just-
[01:08:38.880 --> 01:08:39.880]  Okay.
[01:08:39.880 --> 01:08:40.880]  They're trying-
[01:08:40.880 --> 01:08:44.240]  I'm going to give you an indication of what false and misleading looks like.
[01:08:44.240 --> 01:08:45.240]  Okay.
[01:08:45.240 --> 01:08:54.640]  You're in a court and let's say you're the alleged debtor and the judge is sitting up
[01:08:54.640 --> 01:09:03.320]  there on his throne and in comes running the debt collecting attorney and he's got an eight
[01:09:03.320 --> 01:09:16.840]  by 10 glossy in his hand and he says to the judge, your honor, my client owns this Ferrari.
[01:09:16.840 --> 01:09:23.240]  What conclusion do you arrive at from that?
[01:09:23.240 --> 01:09:26.960]  That the client owns a Ferrari?
[01:09:26.960 --> 01:09:35.560]  He holds up this eight by 10 glossy and he says to the judge, my client owns this Ferrari.
[01:09:35.560 --> 01:09:38.400]  What conclusion would you draw from that?
[01:09:38.400 --> 01:09:44.560]  Personally, I would say that's not a Ferrari, it's a picture of a Ferrari.
[01:09:44.560 --> 01:09:45.560]  Okay.
[01:09:45.560 --> 01:09:55.120]  I would draw a conclusion that there is a Ferrari in existence and that this person
[01:09:55.120 --> 01:10:04.160]  client, this person's client owns that Ferrari that exists, evidenced by this photograph.
[01:10:04.160 --> 01:10:05.160]  Right.
[01:10:05.160 --> 01:10:06.160]  Okay.
[01:10:06.160 --> 01:10:09.160]  But that's not what he said.
[01:10:09.160 --> 01:10:16.360]  He said, my client owns this Ferrari, this eight by 10 photograph of a Ferrari.
[01:10:16.360 --> 01:10:18.000]  That's what he owns.
[01:10:18.000 --> 01:10:22.040]  That's false and misleading, isn't it?
[01:10:22.040 --> 01:10:25.680]  They're saying they own something, but all they own is paper.
[01:10:25.680 --> 01:10:26.680]  Right?
[01:10:26.680 --> 01:10:27.680]  Yeah.
[01:10:27.680 --> 01:10:34.240]  But the conclusion is what he's really saying is his client owns a Ferrari and this is a
[01:10:34.240 --> 01:10:42.640]  picture of it and the judge may rely on that to arrive at an unjust decision.
[01:10:42.640 --> 01:10:46.320]  It's false and misleading and that's how they do it.
[01:10:46.320 --> 01:10:47.320]  Right.
[01:10:47.320 --> 01:10:48.320]  Okay.
[01:10:48.320 --> 01:10:56.480]  Now, I'm trying to keep it as basic and as fundamental as I possibly can, but you're
[01:10:56.480 --> 01:11:02.880]  going to have to sort of look at this, if you go to an affidavit that they put in on
[01:11:02.880 --> 01:11:08.680]  an affidavit of indebtedness for a psychic credit card, if you start taking that affidavit
[01:11:08.680 --> 01:11:18.280]  apart, writing that copy in that affidavit by hand with a pencil and paper, line by line,
[01:11:18.280 --> 01:11:25.360]  word by word, you'll begin and you have this frame of reference of what is false and misleading,
[01:11:25.360 --> 01:11:31.000]  you will start to discover that the entire document is false and misleading.
[01:11:31.000 --> 01:11:33.000]  Sure.
[01:11:33.000 --> 01:11:37.440]  I'm already there for the most part, but I'm sure there's more I would discover.
[01:11:37.440 --> 01:11:43.120]  Now, I'm at a point where I need to figure out how to make a case or at least get a clue
[01:11:43.120 --> 01:11:48.440]  and then hopefully, you know, confer with an attorney who can help me since I think they
[01:11:48.440 --> 01:11:49.440]  have to...
[01:11:49.440 --> 01:11:53.640]  Are you by any chance getting monthly statements from the mortgage company?
[01:11:53.640 --> 01:11:54.640]  I am.
[01:11:54.640 --> 01:11:56.640]  They're not a mortgage company.
[01:11:56.640 --> 01:11:59.160]  They're just a servicer.
[01:11:59.160 --> 01:12:00.680]  Okay.
[01:12:00.680 --> 01:12:04.520]  And did they take over servicing after it was in default?
[01:12:04.520 --> 01:12:05.680]  Yes.
[01:12:05.680 --> 01:12:06.680]  They bought a debt.
[01:12:06.680 --> 01:12:07.680]  They actually...
[01:12:07.680 --> 01:12:08.680]  All right.
[01:12:08.680 --> 01:12:16.760]  Does that monthly statement show interest in late payments?
[01:12:16.760 --> 01:12:19.120]  I'm not sure about that, interestingly.
[01:12:19.120 --> 01:12:24.920]  It shows them out the cure default and then it says, you know, it's been referred to an
[01:12:24.920 --> 01:12:25.920]  attorney for collection.
[01:12:25.920 --> 01:12:28.920]  They've already gotten the judgments, ridiculously, it keeps saying that.
[01:12:28.920 --> 01:12:29.920]  Yeah.
[01:12:29.920 --> 01:12:34.440]  We'd look to see if it has interest and late payments in it.
[01:12:34.440 --> 01:12:35.440]  Okay.
[01:12:35.440 --> 01:12:39.440]  If it does, sue them.
[01:12:39.440 --> 01:12:40.440]  Okay.
[01:12:40.440 --> 01:12:41.440]  Why?
[01:12:41.440 --> 01:12:43.840]  Because it has something about...
[01:12:43.840 --> 01:12:49.800]  If it's been accelerated, then the only thing that's due and only is the amount that was
[01:12:49.800 --> 01:12:50.800]  accelerated.
[01:12:50.800 --> 01:12:51.800]  Ah, got it.
[01:12:51.800 --> 01:12:52.800]  Yeah.
[01:12:52.800 --> 01:12:53.800]  That's...
[01:12:53.800 --> 01:12:54.800]  No other payments are due.
[01:12:54.800 --> 01:12:55.800]  No more interest is due.
[01:12:55.800 --> 01:12:56.800]  No late payments are due.
[01:12:56.800 --> 01:12:57.800]  It's the amount that was accelerated.
[01:12:57.800 --> 01:12:58.800]  That's it.
[01:12:58.800 --> 01:13:07.840]  So they're using false interceptive means to collect a debt.
[01:13:07.840 --> 01:13:08.840]  That's an FDCPA violation.
[01:13:08.840 --> 01:13:09.840]  No, no kidding.
[01:13:09.840 --> 01:13:10.840]  Okay.
[01:13:10.840 --> 01:13:18.040]  That brings to mind a question.
[01:13:18.040 --> 01:13:29.440]  I was just looking at a bill on a property that had been accelerated and they included
[01:13:29.440 --> 01:13:33.000]  escrow amounts.
[01:13:33.000 --> 01:13:42.640]  Once they've accelerated debt, is the contract essentially rendered no?
[01:13:42.640 --> 01:13:48.440]  I do not know about the escrow amount due.
[01:13:48.440 --> 01:13:53.840]  Well, to this company, this particular property has been in default for five years.
[01:13:53.840 --> 01:14:00.360]  It's been sitting empty and the bank has been maintaining the property and paying the taxes
[01:14:00.360 --> 01:14:01.360]  on it.
[01:14:01.360 --> 01:14:02.360]  Oh, they have?
[01:14:02.360 --> 01:14:03.360]  Yep.
[01:14:03.360 --> 01:14:04.360]  Oh, then yeah.
[01:14:04.360 --> 01:14:05.360]  Chase has.
[01:14:05.360 --> 01:14:11.360]  If they've been paying it, then I'd go in for them.
[01:14:11.360 --> 01:14:15.520]  Well, they're trying to collect it back in the foreclosure.
[01:14:15.520 --> 01:14:19.920]  Well, I'd sure go after them.
[01:14:19.920 --> 01:14:23.280]  Let them prove it up in court.
[01:14:23.280 --> 01:14:28.800]  Do they have a claim on that escrow they paid?
[01:14:28.800 --> 01:14:29.800]  Good question.
[01:14:29.800 --> 01:14:30.800]  Don't know the answer to that.
[01:14:30.800 --> 01:14:31.800]  Let them prove it up in court.
[01:14:31.800 --> 01:14:32.800]  Yeah.
[01:14:32.800 --> 01:14:33.800]  Okay.
[01:14:33.800 --> 01:14:38.600]  Well, even if they... If I'm the homeowner, I didn't tell them to pay this if they want
[01:14:38.600 --> 01:14:40.600]  to pay taxes soon.
[01:14:40.600 --> 01:14:42.280]  Knock yourself out.
[01:14:42.280 --> 01:14:43.280]  Appreciate it.
[01:14:43.280 --> 01:14:44.280]  It's a nice gift.
[01:14:44.280 --> 01:14:50.040]  They're going to say that they're protecting their collateral interest.
[01:14:50.040 --> 01:14:55.040]  I'm going to say, well, I don't have a contract.
[01:14:55.040 --> 01:14:56.040]  Okay.
[01:14:56.040 --> 01:14:59.840]  Anyway, that was a question I had when I saw this.
[01:14:59.840 --> 01:15:00.840]  Yeah.
[01:15:00.840 --> 01:15:01.840]  I don't know.
[01:15:01.840 --> 01:15:02.840]  It's interesting.
[01:15:02.840 --> 01:15:13.600]  There are class-section lawsuits where Chase Bank, for example, has been nailed for paying
[01:15:13.600 --> 01:15:20.440]  insurance on lots of homes, and they're paying massive amounts far beyond what they should.
[01:15:20.440 --> 01:15:23.720]  They haven't negotiated to try to get something reasonable or something.
[01:15:23.720 --> 01:15:26.640]  I don't know if the end is announced, but it sounds like that.
[01:15:26.640 --> 01:15:27.640]  You're talking about forced-placed insurance.
[01:15:27.640 --> 01:15:28.640]  No.
[01:15:28.640 --> 01:15:29.640]  That's not entirely accurate.
[01:15:29.640 --> 01:15:30.640]  Yeah.
[01:15:30.640 --> 01:15:35.080]  No insurance company wants to insure an abandoned house.
[01:15:35.080 --> 01:15:43.640]  In fact, if you abandon your house right now, and an insurance company discovers it tomorrow,
[01:15:43.640 --> 01:15:49.880]  guaranteed that in 30 days, your insurance policy will be canceled.
[01:15:49.880 --> 01:15:50.880]  Okay.
[01:15:50.880 --> 01:15:51.880]  Okay.
[01:15:51.880 --> 01:16:03.240]  Well, a lot of times, if you don't have insurance, or sometimes they just put forced-placed insurance
[01:16:03.240 --> 01:16:07.200]  on it because they choose to, and they're forced-placed insurance, it's generally two
[01:16:07.200 --> 01:16:15.440]  to three times what your normal insurance would be, and there's reason to believe they
[01:16:15.440 --> 01:16:20.920]  don't insure it at all, that they self-insure, so they just send you these bills when it's
[01:16:20.920 --> 01:16:24.120]  not insured, not actually insured at all.
[01:16:24.120 --> 01:16:25.120]  Hang on.
[01:16:25.120 --> 01:16:26.120]  Well, never mind.
[01:16:26.120 --> 01:16:27.120]  They get a commission for the insurance policy.
[01:16:27.120 --> 01:16:34.120]  If we can talk about insurance policies, maybe Christian Pennsylvania can call in and talk
[01:16:34.120 --> 01:16:36.560]  about that when we come back on the other side.
[01:16:36.560 --> 01:16:39.560]  This is Randy Kelton, Wheel of Law Radio, our caller number, 512-646-1984.
[01:16:39.560 --> 01:16:40.560]  Give us a call.
[01:16:40.560 --> 01:16:41.560]  We've been taking the calls all night.
[01:16:41.560 --> 01:16:42.560]  Hang on.
[01:16:42.560 --> 01:16:43.560]  We're going to break.
[01:16:43.560 --> 01:16:44.560]  We'll be right back.
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[01:19:24.360 --> 01:19:28.360]  Okay, we are back.
[01:19:28.360 --> 01:19:30.360]  Randy Kelton, Bluebell Radio.
[01:19:30.360 --> 01:19:39.360]  We're here with Jeff Sedgwick, and we're talking to Mark in Texas about his property in Arkansas.
[01:19:39.360 --> 01:19:43.360]  I've got another question, if I might.
[01:19:43.360 --> 01:19:45.360]  A couple of them.
[01:19:45.360 --> 01:19:57.360]  Mark, before you go down the road, I am not anything that closely resembles an expert on
[01:19:57.360 --> 01:19:59.360]  real estate foreclosures.
[01:19:59.360 --> 01:20:04.360]  That's why you would be better off with a Tuesday call that we have.
[01:20:04.360 --> 01:20:09.360]  You said you were going to be attending with Jesse, because Jesse's the one that's been
[01:20:09.360 --> 01:20:12.360]  very successful and extremely well versed in foreclosure.
[01:20:12.360 --> 01:20:14.360]  Got it.
[01:20:14.360 --> 01:20:16.360]  We'll definitely do that, okay?
[01:20:16.360 --> 01:20:24.360]  This is an FDCPA question also, and maybe it's both, but in my case, there was a motion
[01:20:24.360 --> 01:20:29.360]  made to reopen the case after it had already been closed originally because it was filed
[01:20:29.360 --> 01:20:31.360]  past sexual pretensions.
[01:20:31.360 --> 01:20:38.360]  The plaintiff's attorneys, or the plaintiffs in this case, argues that the first date of
[01:20:38.360 --> 01:20:44.360]  acceleration was not in 2006, which is in the court records, and I put it there, but
[01:20:44.360 --> 01:20:46.360]  they argue that it was in 2010.
[01:20:46.360 --> 01:20:51.360]  This is aggravated perjury, and we talked about this a few times.
[01:20:51.360 --> 01:20:56.360]  I've dug much deeper on this and find that according to the rules of civil procedure
[01:20:56.360 --> 01:21:01.360]  there, and probably here in Texas too, the situation ends up being that an attorney has
[01:21:01.360 --> 01:21:02.360]  a responsibility.
[01:21:02.360 --> 01:21:07.360]  They can't just say, my client told me this, and they have a responsibility to make certain
[01:21:07.360 --> 01:21:12.360]  that what they're putting in front of the court is correct.
[01:21:12.360 --> 01:21:18.360]  In this case, I have dialogue between me, the judge, and the plaintiff's attorneys when
[01:21:18.360 --> 01:21:25.360]  I'm making objections prior to the signing of the final order that the plaintiff's
[01:21:25.360 --> 01:21:32.360]  attorney's prepared, and I simply yet again reiterated they're at odds with themselves
[01:21:32.360 --> 01:21:36.360]  saying this versus this, and definitely versus the record of the court.
[01:21:36.360 --> 01:21:42.360]  I'm looking for an attorney that can help me sue them for malpractice in this case,
[01:21:42.360 --> 01:21:48.360]  but is it false and misleading under FDCPA, would you think, that they're making a statement
[01:21:48.360 --> 01:21:57.360]  here which gives them some kind of a foothold in a case where they really shouldn't?
[01:21:57.360 --> 01:22:01.360]  Are you a member of Jesse's group?
[01:22:01.360 --> 01:22:03.360]  No, I'm not.
[01:22:03.360 --> 01:22:06.360]  I think maybe I'm here to be.
[01:22:06.360 --> 01:22:17.360]  There is a sheet that he provides called Frequently Violated FDCPA Guidelines, and I think you
[01:22:17.360 --> 01:22:24.360]  will probably want to take a look at 1692E and F and the various subsections that are
[01:22:24.360 --> 01:22:31.360]  under there, because I think you will find that they will fit using false and deceptive
[01:22:31.360 --> 01:22:34.360]  means in an attempt to collect a debt.
[01:22:34.360 --> 01:22:36.360]  Got it.
[01:22:36.360 --> 01:22:37.360]  Okay.
[01:22:37.360 --> 01:22:42.360]  I have one percent of limitations from the time they actually do it.
[01:22:42.360 --> 01:22:45.360]  Yeah, right.
[01:22:45.360 --> 01:22:53.360]  Right, but if they did it within the past year, you can nail them for it.
[01:22:53.360 --> 01:22:56.360]  You better believe it's the only right thing to do.
[01:22:56.360 --> 01:22:59.360]  I've got to do that.
[01:22:59.360 --> 01:23:03.360]  Well, have you gotten your federal lawsuit prepared yet?
[01:23:03.360 --> 01:23:07.360]  No, I don't know how to do it.
[01:23:07.360 --> 01:23:08.360]  Okay.
[01:23:08.360 --> 01:23:16.360]  I've looked very hard for an attorney and done most of what I've done on my own.
[01:23:16.360 --> 01:23:20.360]  I've had the help of a friend of mine who's an attorney that really doesn't know anything
[01:23:20.360 --> 01:23:24.360]  about this and hasn't really had much interest in going and doing it, but from time to time
[01:23:24.360 --> 01:23:25.360]  he's been helpful.
[01:23:25.360 --> 01:23:28.360]  Then I've got you guys on this radio show.
[01:23:28.360 --> 01:23:33.360]  Randy and Steve have actually helped me get to the point where I am now.
[01:23:33.360 --> 01:23:34.360]  Thank you all.
[01:23:34.360 --> 01:23:36.360]  God bless you for that.
[01:23:36.360 --> 01:23:43.360]  You do know that there are calls on Monday and Wednesday as well?
[01:23:43.360 --> 01:23:47.360]  No.
[01:23:47.360 --> 01:23:52.360]  As far as it goes, I found a really good website because I was digging around for the term
[01:23:52.360 --> 01:23:59.360]  nullity and void judgment and things like that and I realized, oh, that's part of your
[01:23:59.360 --> 01:24:01.360]  outfit.
[01:24:01.360 --> 01:24:07.360]  I remember the very first time you called in one night when I was on the show and you
[01:24:07.360 --> 01:24:11.360]  asked point blank, whenever this happened, were you already in default?
[01:24:11.360 --> 01:24:16.360]  I had been in default since 2006 and I filed it in 2013.
[01:24:16.360 --> 01:24:19.360]  I never, never cured that default.
[01:24:19.360 --> 01:24:22.360]  I've got something here.
[01:24:22.360 --> 01:24:26.360]  I just don't want to screw it up and I'm either making a motion or leaving the case.
[01:24:26.360 --> 01:24:33.360]  If you can go back to the voidjudgments.net or voidjudgments.com website, send me an email
[01:24:33.360 --> 01:24:37.360]  down at the bottom that will say contact us.
[01:24:37.360 --> 01:24:42.360]  You can use a form that I've got up in that mail page and I will send you the frequently
[01:24:42.360 --> 01:24:46.360]  violated FTCPA guidelines.
[01:24:46.360 --> 01:24:53.360]  Along with that, I will send to you a schedule for our calls because they do occur Monday,
[01:24:53.360 --> 01:24:55.360]  Tuesday, and Wednesday.
[01:24:55.360 --> 01:25:02.360]  Tuesday, it's every other Tuesday and generally speaking because on the opposite Tuesday,
[01:25:02.360 --> 01:25:05.360]  we have webinars for members.
[01:25:05.360 --> 01:25:07.360]  Okay.
[01:25:07.360 --> 01:25:09.360]  I thought about joining.
[01:25:09.360 --> 01:25:12.360]  I just didn't know that it would be beneficial.
[01:25:12.360 --> 01:25:18.360]  I thought with the one-year statute of limitations on FTCPA, I thought I had missed my opportunity.
[01:25:18.360 --> 01:25:25.360]  But if relative to this case, I have some federal capacity, some capacity to seek relief
[01:25:25.360 --> 01:25:29.360]  under this, then I think that's something I have to do.
[01:25:29.360 --> 01:25:33.360]  I got one last thing to ask and I may provide this to you guys if you don't already have it.
[01:25:33.360 --> 01:25:40.360]  But I have a document that was an internal, not really internal, it's like a pamphlet or
[01:25:40.360 --> 01:25:48.360]  sure that was used for investors that in this case, U.S. Bank has that says something to
[01:25:48.360 --> 01:25:51.360]  the effect that they don't initiate the foreclosure.
[01:25:51.360 --> 01:25:52.360]  They don't hold it.
[01:25:52.360 --> 01:25:53.360]  They don't do this.
[01:25:53.360 --> 01:25:57.360]  They're basically trying to say they have completely clean hands and is completely at
[01:25:57.360 --> 01:26:02.360]  odds with what's going on in my case because they are supposedly the plaintiff.
[01:26:02.360 --> 01:26:08.360]  I think the real plaintiff here is actually the servicer itself.
[01:26:08.360 --> 01:26:12.360]  I think it's SPS and that is a big interesting thing.
[01:26:12.360 --> 01:26:20.360]  But as far as this document itself is concerned, how, if there is a way, I can find it online,
[01:26:20.360 --> 01:26:23.360]  I can tell the judge where to go, but that doesn't make it admissible.
[01:26:23.360 --> 01:26:30.360]  Is there a way that this might be something that I could get the court to take judicial notice of?
[01:26:30.360 --> 01:26:35.360]  How would you go about it or do I have to go affidavit somebody?
[01:26:35.360 --> 01:26:45.360]  I don't know because how are you going to certify to the content?
[01:26:45.360 --> 01:26:46.360]  Yeah.
[01:26:46.360 --> 01:26:48.360]  I mean, I'm no expert.
[01:26:48.360 --> 01:26:55.360]  I wasn't there when it was written and nobody told me this, so I don't know.
[01:26:55.360 --> 01:27:00.360]  That's a good question to bring up during the phone call because I bet you John can give you an answer.
[01:27:00.360 --> 01:27:01.360]  Yeah.
[01:27:01.360 --> 01:27:02.360]  Okay.
[01:27:02.360 --> 01:27:07.360]  I would ask, this would be very, very interesting material for my case.
[01:27:07.360 --> 01:27:12.360]  I'm still not 100% sure if I have something.
[01:27:12.360 --> 01:27:14.360]  Maybe Randy can speak to this.
[01:27:14.360 --> 01:27:20.360]  There's not a lot of case law in Arkansas and they seem to do different things at times.
[01:27:20.360 --> 01:27:26.360]  I mean, I've even seen cases where they're saying there's no subject matter jurisdiction for lack of standing
[01:27:26.360 --> 01:27:33.360]  and there's other cases where at least in Arkansas they say standing is not an aspect of subject matter jurisdiction.
[01:27:33.360 --> 01:27:35.360]  Yes, it is.
[01:27:35.360 --> 01:27:36.360]  I'm confused.
[01:27:36.360 --> 01:27:39.360]  I mean, it is in just about every other state, I guess.
[01:27:39.360 --> 01:27:41.360]  It's in federal stuff.
[01:27:41.360 --> 01:27:42.360]  It is.
[01:27:42.360 --> 01:27:52.360]  That's just them uttering nonsense and muddying the water so that you will stop.
[01:27:52.360 --> 01:27:53.360]  Don't do anything?
[01:27:53.360 --> 01:27:54.360]  Got it.
[01:27:54.360 --> 01:27:59.360]  From what you're saying, I need to make that argument because I can.
[01:27:59.360 --> 01:28:02.360]  And then I have a very clear argument.
[01:28:02.360 --> 01:28:07.360]  Face value of the complaint, they say last payment made 2007.
[01:28:07.360 --> 01:28:09.360]  They're filing it in 2013.
[01:28:09.360 --> 01:28:11.360]  That's more than five years.
[01:28:11.360 --> 01:28:19.360]  It doesn't matter that in my response I said I made payments, which I made to a third party, not to the lender.
[01:28:19.360 --> 01:28:24.360]  And then they just tried to say that I admitted that I made payments, which were told with statute of limitations,
[01:28:24.360 --> 01:28:26.360]  never addressed my legal argument.
[01:28:26.360 --> 01:28:29.360]  And here we are.
[01:28:29.360 --> 01:28:33.360]  Am I correct, Randy, still?
[01:28:33.360 --> 01:28:34.360]  I'm sorry.
[01:28:34.360 --> 01:28:36.360]  I may be asking you this for the second time.
[01:28:36.360 --> 01:28:44.360]  But that complaint has to be valid on its face in order to invoke the subject matter jurisdiction of the court, right?
[01:28:44.360 --> 01:28:51.360]  Yes, the original document would have to be sufficient on its face.
[01:28:51.360 --> 01:29:02.360]  The four corners of the document would have to be sufficient to establish standing of the party to invoke the subject matter jurisdiction of the court.
[01:29:02.360 --> 01:29:03.360]  Got it.
[01:29:03.360 --> 01:29:05.360]  It can't be fixed.
[01:29:05.360 --> 01:29:11.360]  If it wasn't sufficient the first day, it can't be fixed.
[01:29:11.360 --> 01:29:13.360]  They have to start all over.
[01:29:13.360 --> 01:29:16.360]  There are some errors you can make that can be fixed.
[01:29:16.360 --> 01:29:17.360]  That's not one of them.
[01:29:17.360 --> 01:29:19.360]  Yeah, they can toss it out.
[01:29:19.360 --> 01:29:21.360]  They can let them file a new complaint.
[01:29:21.360 --> 01:29:25.360]  However, in this case, I can't do that under any circumstances.
[01:29:25.360 --> 01:29:27.360]  Yeah, here's the deal.
[01:29:27.360 --> 01:29:33.360]  When they toss it out, it's as if it was never filed.
[01:29:33.360 --> 01:29:34.360]  Right.
[01:29:34.360 --> 01:29:37.360]  And it's judgment's boy.
[01:29:37.360 --> 01:29:39.360]  Right.
[01:29:39.360 --> 01:29:44.360]  So now when I make this argument, which I will...
[01:29:44.360 --> 01:29:45.360]  Hold on.
[01:29:45.360 --> 01:29:48.360]  You'll have to make the argument on the other side.
[01:29:48.360 --> 01:29:51.360]  This is Randy Kelton, ULA Radio.
[01:29:51.360 --> 01:29:54.360]  I call it number 512-646-1984.
[01:29:54.360 --> 01:30:00.360]  We'll be right back.
[01:30:00.360 --> 01:30:06.360]  There's a new breed of pickpockets on the loose, and you could be their next victim if you have a recently issued credit or debit card.
[01:30:06.360 --> 01:30:12.360]  I'm Dr. Catherine Albrecht, and I'll be back in a moment with tips for protecting yourself from high-tech thieves.
[01:30:36.360 --> 01:30:39.360]  With StartPage, great search results and total privacy.
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[01:30:48.360 --> 01:30:53.360]  but they also give thieves the ability to secretly capture your card information right through your wallet.
[01:30:53.360 --> 01:30:59.360]  Radio frequency identification is a technology that uses radio waves to scan unique numbers from items.
[01:30:59.360 --> 01:31:02.360]  Like the waves that let you listen to your favorite radio station,
[01:31:02.360 --> 01:31:07.360]  RFID radio waves travel through solid objects like walls and purses.
[01:31:07.360 --> 01:31:11.360]  A savvy crook with the right RFID card reading device can walk through a crowd,
[01:31:11.360 --> 01:31:14.360]  siphon numbers, and use them to make purchases.
[01:31:14.360 --> 01:31:17.360]  And you might never be the wiser until the bill arrives.
[01:31:17.360 --> 01:31:22.360]  Protect yourself, refuse cards with RFID inside, and demand a replacement card.
[01:31:22.360 --> 01:31:34.360]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31:34.360 --> 01:31:40.360]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:40.360 --> 01:31:42.360]  The government says that fire brought it down.
[01:31:42.360 --> 01:31:47.360]  However, 1,500 architects and engineers concluded it was a controlled demolition.
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[01:31:52.360 --> 01:31:53.360]  Thousands of my fellow first responders are dying.
[01:31:53.360 --> 01:31:54.360]  I'm not a conspiracy theorist.
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[01:31:59.360 --> 01:32:02.360]  We're Americans, and we deserve the truth.
[01:32:02.360 --> 01:32:05.360]  Go to RememberBuilding7.org today.
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[01:32:49.360 --> 01:32:54.360]  So if those out-of-town roofers come knocking, your door should be locking.
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[01:33:03.360 --> 01:33:05.360]  May not actually be kidding about chemtrails.
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[01:33:15.360 --> 01:33:33.360]  Okay, we are back.
[01:33:33.360 --> 01:33:42.360]  Randy Kelton, Jula Radio, here with Mr. Jeff Cedric, and we're talking to Mark in Texas.
[01:33:42.360 --> 01:33:45.360]  Okay, Mark, I kind of cut you off there for you.
[01:33:45.360 --> 01:33:48.360]  No, you were fine, and I appreciate it.
[01:33:48.360 --> 01:33:53.360]  Tell me this, because I'm having a hard time.
[01:33:53.360 --> 01:33:59.360]  I'm looking at case law and going through what's available and taking notes
[01:33:59.360 --> 01:34:06.360]  as far as trying to just really make this case before the court.
[01:34:06.360 --> 01:34:08.360]  I'm basically trying to write something up.
[01:34:08.360 --> 01:34:12.360]  I'm going to ask an attorney to do it, but I'm going to put it in front of him
[01:34:12.360 --> 01:34:17.360]  just in case he doesn't really know what's going on, and that might save me some money.
[01:34:17.360 --> 01:34:23.360]  But as far as it goes, would something to the effect of the rules,
[01:34:23.360 --> 01:34:29.360]  the guidelines governing a complaint's necessity to establish subject matter jurisdiction,
[01:34:29.360 --> 01:34:32.360]  would that be in the rules of civil procedure?
[01:34:32.360 --> 01:34:36.360]  I haven't read anything in there that gave me much on that.
[01:34:36.360 --> 01:34:40.360]  Any suggestions as to where to look?
[01:34:40.360 --> 01:34:42.360]  12B.
[01:34:42.360 --> 01:34:43.360]  In federal?
[01:34:43.360 --> 01:34:48.360]  12B in federal, yeah.
[01:34:48.360 --> 01:34:51.360]  It's a little bit vague, but it's definitely in place.
[01:34:51.360 --> 01:34:56.360]  But you're looking at Arkansas code, right?
[01:34:56.360 --> 01:34:57.360]  Yeah.
[01:34:57.360 --> 01:35:04.360]  If federal code is, well, maybe I should make federal and state arguments.
[01:35:04.360 --> 01:35:05.360]  Why not?
[01:35:05.360 --> 01:35:11.360]  It's a function of if you find it in the federal,
[01:35:11.360 --> 01:35:15.360]  then it'll make it easier for you to find it in your search in the state,
[01:35:15.360 --> 01:35:19.360]  because then you'll know it when you see it.
[01:35:19.360 --> 01:35:24.360]  Take the federal case law and go on the search engine.
[01:35:24.360 --> 01:35:34.360]  Put in the federal case law that you're trying to find state law that's equivalent.
[01:35:34.360 --> 01:35:40.360]  Put in the case law citation and then behind it put Arkansas.
[01:35:40.360 --> 01:35:47.360]  You should get Arkansas cases that cite this law, this case.
[01:35:47.360 --> 01:35:49.360]  Okay, perfect.
[01:35:49.360 --> 01:35:54.360]  That I can do with Google or I don't need LexisNexis for any of that.
[01:35:54.360 --> 01:36:05.360]  I find that just Google or StartPage or any of these search engines do much better than Lexis.
[01:36:05.360 --> 01:36:06.360]  Yeah.
[01:36:06.360 --> 01:36:10.360]  I got on Lexis, you have to have a full account.
[01:36:10.360 --> 01:36:14.360]  If you have a student account, you get briefs and pleadings.
[01:36:14.360 --> 01:36:20.360]  If you go to the library, you get very little, because they don't want to pay a lot of money.
[01:36:20.360 --> 01:36:25.360]  If you go online and just do an internet search,
[01:36:25.360 --> 01:36:32.360]  you've got a lot of lawyers out there that specialize in these different areas.
[01:36:32.360 --> 01:36:36.360]  Lawyers are learning counsel.
[01:36:36.360 --> 01:36:38.360]  They can't make mistakes.
[01:36:38.360 --> 01:36:44.360]  You and I, we can make mistakes, but lawyers can't.
[01:36:44.360 --> 01:36:49.360]  And their biggest fear is sanctions.
[01:36:49.360 --> 01:36:53.360]  A judge can sanction them for anything he wants to.
[01:36:53.360 --> 01:36:59.360]  And one of the primary things that will get them sanctioned is bringing bad law to the table
[01:36:59.360 --> 01:37:05.360]  or bringing a bad argument to the table, argument issue that's already been adjudicated
[01:37:05.360 --> 01:37:15.360]  in opposition to your position without you distinguishing the argument for new law.
[01:37:15.360 --> 01:37:21.360]  So lawyers tend to stay focused in a tiny little area.
[01:37:21.360 --> 01:37:24.360]  They get something that's a little out of their area.
[01:37:24.360 --> 01:37:30.360]  They want to go out and find another lawyer who's familiar with that and get him to do it.
[01:37:30.360 --> 01:37:35.360]  So the reason I'm going there is in order to be able to be found,
[01:37:35.360 --> 01:37:42.360]  we have lawyers posting all of these treatises and arguments and supportive issues.
[01:37:42.360 --> 01:37:45.360]  And they post their documentation.
[01:37:45.360 --> 01:37:50.360]  You run a search and you'll find a whole lot more just on the internet
[01:37:50.360 --> 01:37:55.360]  than you'll find in LexisNexis or Westlaw.
[01:37:55.360 --> 01:38:00.360]  You'll find briefs and pleadings and treatises as well.
[01:38:00.360 --> 01:38:03.360]  Here's a rule.
[01:38:03.360 --> 01:38:13.360]  If you're writing up a motion as opposed to taking something somebody else has written
[01:38:13.360 --> 01:38:19.360]  and adding and adjusting for case and putting in your connections and conjunctions,
[01:38:19.360 --> 01:38:24.360]  then you haven't done enough research.
[01:38:24.360 --> 01:38:32.360]  If you're going to produce a good quality document, don't write it yourself.
[01:38:32.360 --> 01:38:34.360]  Find it in the case law.
[01:38:34.360 --> 01:38:35.360]  Cut it out of the case law.
[01:38:35.360 --> 01:38:37.360]  Drop it in your document.
[01:38:37.360 --> 01:38:42.360]  Change the transitions in the case so it reads right.
[01:38:42.360 --> 01:38:44.360]  The judge will look at it.
[01:38:44.360 --> 01:38:47.360]  He'll know exactly what you've done.
[01:38:47.360 --> 01:38:50.360]  It will give your writing much more authority.
[01:38:50.360 --> 01:38:52.360]  Go ahead.
[01:38:52.360 --> 01:38:55.360]  I was just saying I've already discovered that.
[01:38:55.360 --> 01:39:00.360]  As I read through documents, I'm like, wow, I need this.
[01:39:00.360 --> 01:39:01.360]  This is perfect.
[01:39:01.360 --> 01:39:02.360]  This is excellent language.
[01:39:02.360 --> 01:39:04.360]  I've learned a lot through this experience.
[01:39:04.360 --> 01:39:08.360]  Anybody who's listening who's got to do this for themselves is going to do the same.
[01:39:08.360 --> 01:39:11.360]  Hopefully, if you're in a situation like mine,
[01:39:11.360 --> 01:39:14.360]  you're in a state where there are attorneys who know what the heck's going on
[01:39:14.360 --> 01:39:19.360]  because there's certainly none in the state of Arkansas.
[01:39:19.360 --> 01:39:28.360]  If you can't find it in Arkansas, under full faith and credit,
[01:39:28.360 --> 01:39:32.360]  if you can find the issue addressed somewhere else,
[01:39:32.360 --> 01:39:39.360]  you can provide that as advisory law.
[01:39:39.360 --> 01:39:46.360]  If you're searching for a particular issue and you can't find it in Arkansas law,
[01:39:46.360 --> 01:39:54.360]  all of the courts in all of the states trust the legislatures of other states
[01:39:54.360 --> 01:39:57.360]  and trust the courts in other states.
[01:39:57.360 --> 01:40:04.360]  If Arkansas has not addressed a particular issue, but another state has,
[01:40:04.360 --> 01:40:10.360]  then you can pull that issue into Arkansas and say,
[01:40:10.360 --> 01:40:16.360]  you haven't addressed this, but this state has, and this is how they ruled on it.
[01:40:16.360 --> 01:40:22.360]  Therefore, in terms of equity, under law, this is how you should rule.
[01:40:22.360 --> 01:40:24.360]  Does that make sense?
[01:40:24.360 --> 01:40:26.360]  That makes all the sense in the world.
[01:40:26.360 --> 01:40:30.360]  Another case is a reflection of my case in many ways.
[01:40:30.360 --> 01:40:35.360]  You know, Fremont, out of business in 2008, no standing to take any action,
[01:40:35.360 --> 01:40:39.360]  and I've got that going on here where they're trying to say that's what's going on.
[01:40:39.360 --> 01:40:42.360]  I have a case that is so simple.
[01:40:42.360 --> 01:40:46.360]  I could write a paragraph, and if someone would read it and they cared,
[01:40:46.360 --> 01:40:51.360]  I'd win right there, but it's not how the system works.
[01:40:51.360 --> 01:40:57.360]  Anyway, we're having more fun than we want to, but it's certainly an education.
[01:40:57.360 --> 01:41:01.360]  And I'll absolutely try to get some judicial notice.
[01:41:01.360 --> 01:41:06.360]  There are loads of affidavits online that note this SPS robo-signer
[01:41:06.360 --> 01:41:11.360]  that's involved in this document and other things of that sort.
[01:41:11.360 --> 01:41:12.360]  But let's see.
[01:41:12.360 --> 01:41:15.360]  I think I have one more question, but it's not coming up.
[01:41:15.360 --> 01:41:18.360]  You guys have helped me immensely.
[01:41:18.360 --> 01:41:23.360]  And Jeff, if you're still there, I'll go to the VOID site,
[01:41:23.360 --> 01:41:29.360]  and I'll email you and absolutely be grateful for anything that you can suggest.
[01:41:29.360 --> 01:41:32.360]  And I'll be on the call on Tuesday.
[01:41:32.360 --> 01:41:37.360]  I'm looking more or less to find out how I might not miss the boat
[01:41:37.360 --> 01:41:39.360]  with respect to suing them.
[01:41:39.360 --> 01:41:42.360]  Oh, and this is one other thing I wanted to ask.
[01:41:42.360 --> 01:41:45.360]  A VOID judgment can be attacked collaterally.
[01:41:45.360 --> 01:41:47.360]  It's as though it never happened.
[01:41:47.360 --> 01:41:49.360]  I very clearly heard you just say that earlier.
[01:41:49.360 --> 01:41:54.360]  And before, once, Randy, you were saying that it might make sense strategically
[01:41:54.360 --> 01:41:58.360]  if I have a fraudulent assignment where a dead man,
[01:41:58.360 --> 01:42:01.360]  essentially part of the document, made the assignment,
[01:42:01.360 --> 01:42:07.360]  then I might file quiet title, which I'd have to do if I win one way or another.
[01:42:07.360 --> 01:42:10.360]  But I might file some type of a quiet title lawsuit.
[01:42:10.360 --> 01:42:14.360]  As long as I have, I believe, possession of the property, I'm able to do that.
[01:42:14.360 --> 01:42:19.360]  And if I don't have possession, then I don't think I can from what I've read,
[01:42:19.360 --> 01:42:20.360]  which is very little.
[01:42:20.360 --> 01:42:28.360]  But would it make sense, do you think, to try to file motion to reopen,
[01:42:28.360 --> 01:42:33.360]  as that seems safe, rid of certiorari afterward?
[01:42:33.360 --> 01:42:36.360]  There's no statute of limitations on it.
[01:42:36.360 --> 01:42:39.360]  Hold on, hold on, rid of certiorari.
[01:42:39.360 --> 01:42:43.360]  That is an appeal to the Supreme.
[01:42:43.360 --> 01:42:44.360]  Okay.
[01:42:44.360 --> 01:42:46.360]  First, we want to go to the appellate court.
[01:42:46.360 --> 01:42:47.360]  Right.
[01:42:47.360 --> 01:42:50.360]  Rid of mandamus or rid of prohibition.
[01:42:50.360 --> 01:42:54.360]  You can't pass the appellate court to go straight to the Supreme,
[01:42:54.360 --> 01:43:01.360]  except in rare circumstances on certain very specifically stipulated things.
[01:43:01.360 --> 01:43:02.360]  Yeah.
[01:43:02.360 --> 01:43:06.360]  The only thing I'm going to be asking her to do, and it's rid of mandamus,
[01:43:06.360 --> 01:43:12.360]  is to simply look at the complaint and notice that it's filed past the statute of limitations.
[01:43:12.360 --> 01:43:14.360]  It's a nullity on its face.
[01:43:14.360 --> 01:43:16.360]  This case never should have been heard.
[01:43:16.360 --> 01:43:21.360]  I told the judge, and he had no idea what I was talking about,
[01:43:21.360 --> 01:43:23.360]  or he was thinking that whenever his career is over,
[01:43:23.360 --> 01:43:26.360]  he can go work for the largest firm in the state.
[01:43:26.360 --> 01:43:29.360]  But that seems more likely.
[01:43:29.360 --> 01:43:32.360]  And ironically, it's almost funny,
[01:43:32.360 --> 01:43:36.360]  but there was a rid of mandamus issued against this same judge.
[01:43:36.360 --> 01:43:40.360]  So for overstepping his authority, I think that's what I need here.
[01:43:40.360 --> 01:43:42.360]  I hear your music.
[01:43:42.360 --> 01:43:43.360]  Okay.
[01:43:43.360 --> 01:43:47.360]  So are you done, Mark?
[01:43:47.360 --> 01:43:48.360]  Yeah.
[01:43:48.360 --> 01:43:49.360]  For the most part, yeah.
[01:43:49.360 --> 01:43:50.360]  Thank you both very much.
[01:43:50.360 --> 01:43:51.360]  Okay.
[01:43:51.360 --> 01:43:52.360]  Thank you very much.
[01:43:52.360 --> 01:43:54.360]  And Nathan, we'll pick you up on the other side.
[01:43:54.360 --> 01:44:00.360]  We'll be right back.
[01:44:00.360 --> 01:44:04.360]  You feel tired when talking about important topics like money and politics?
[01:44:04.360 --> 01:44:07.360]  Are you confused by words like the Constitution or the Federal Reserve?
[01:44:07.360 --> 01:44:08.360]  What?
[01:44:08.360 --> 01:44:12.360]  No, you may be diagnosed with the deadliest disease known today, stupidity.
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[01:44:22.360 --> 01:44:25.360]  in almost every home in America, the television.
[01:44:25.360 --> 01:44:29.360]  Unfortunately, that puts most Americans at risk of catching stupidity.
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[01:44:38.360 --> 01:44:42.360]  and watching educational documentaries without feeling tired or uninterested.
[01:44:42.360 --> 01:44:45.360]  So if you or anybody you know suffers from stupidity,
[01:44:45.360 --> 01:44:51.360]  then you need to call 512-480-2503 or visit them in 1904
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[01:45:00.360 --> 01:45:03.360]  Are you the plaintiff or defendant in a lawsuit?
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[01:46:01.360 --> 01:46:22.360]  MUSIC
[01:46:22.360 --> 01:46:25.360]  Okay, we are back. Randy Kelton, Rule of Law Radio,
[01:46:25.360 --> 01:46:30.360]  and we're going to go to Nathan in New York.
[01:46:30.360 --> 01:46:34.360]  Hello, Nathan. Hello.
[01:46:34.360 --> 01:46:40.360]  What do you have for us tonight?
[01:46:40.360 --> 01:46:44.360]  Well, it's nothing like the prior conversation.
[01:46:44.360 --> 01:46:49.360]  Hold on, Nathan. I'm getting a lot of distortion in your mic.
[01:46:49.360 --> 01:46:53.360]  Can you move the mic away from your mouth a little bit?
[01:46:53.360 --> 01:46:55.360]  Is that better?
[01:46:55.360 --> 01:46:58.360]  That's a little better. You might move it down by your chin
[01:46:58.360 --> 01:47:03.360]  so it's not in front of your breath projection.
[01:47:03.360 --> 01:47:06.360]  Yeah, okay. That better is.
[01:47:06.360 --> 01:47:09.360]  Okay. I'm still having a problem. It must just be the connection.
[01:47:09.360 --> 01:47:14.360]  Go ahead. I'll try to make it out. I may have to ask you to repeat something.
[01:47:14.360 --> 01:47:22.360]  Okay. I just got your name and number from a friend of mine,
[01:47:22.360 --> 01:47:28.360]  and I've recently been through a sea-real estate transaction,
[01:47:28.360 --> 01:47:31.360]  and I've not been happy with the results.
[01:47:31.360 --> 01:47:35.360]  The first one was in the purchase of a property,
[01:47:35.360 --> 01:47:40.360]  and the second one was in the sale of a property.
[01:47:40.360 --> 01:47:45.360]  Basically, I purchased a property,
[01:47:45.360 --> 01:47:50.360]  and then I sold the other property that I had.
[01:47:50.360 --> 01:47:57.360]  Now, in both cases,
[01:47:57.360 --> 01:48:06.360]  in both cases, the purchase of the property and the sale of the property,
[01:48:06.360 --> 01:48:11.360]  the HUD was not made.
[01:48:11.360 --> 01:48:16.360]  I was not able to see the HUD or the results of it
[01:48:16.360 --> 01:48:20.360]  until very shortly before closing.
[01:48:20.360 --> 01:48:30.360]  And since then, I've been trying not to sign these documents
[01:48:30.360 --> 01:48:38.360]  because I had some sort of dispute with something that was on these documents.
[01:48:38.360 --> 01:48:42.360]  Wait a minute. I'm having a terrible time understanding this.
[01:48:42.360 --> 01:48:45.360]  Can you hang up and call right back in?
[01:48:45.360 --> 01:48:49.360]  Yes, that's fine.
[01:48:49.360 --> 01:48:51.360]  Maybe we'll get a better connection.
[01:48:51.360 --> 01:48:56.360]  I'm not able to understand much of anything you're saying.
[01:48:56.360 --> 01:49:00.360]  Okay. I will hang up and call right back in.
[01:49:00.360 --> 01:49:02.360]  Okay. Thank you.
[01:49:02.360 --> 01:49:06.360]  Okay. Now we're going to go to Mark in Wisconsin.
[01:49:06.360 --> 01:49:10.360]  Mark, what kind of trouble have you been causing?
[01:49:10.360 --> 01:49:15.360]  Oh, pretty much the same as in the past.
[01:49:15.360 --> 01:49:18.360]  Did want a little bit of fleshing out from you.
[01:49:18.360 --> 01:49:20.360]  I was listening to an archive,
[01:49:20.360 --> 01:49:26.360]  and you were discussing I believe with Mark from Texas about lawyer misconduct,
[01:49:26.360 --> 01:49:32.360]  and it was stated that there was a recent federal lawsuit that had happened,
[01:49:32.360 --> 01:49:35.360]  and you two discussed it,
[01:49:35.360 --> 01:49:38.360]  but gave no pointers as to the federal case,
[01:49:38.360 --> 01:49:46.360]  so I could go look it up and see how I can move my state-based misconduct straight to the feds.
[01:49:46.360 --> 01:49:52.360]  Okay. I got your email on that subject,
[01:49:52.360 --> 01:49:58.360]  and if we're talking about lawyer misconduct,
[01:49:58.360 --> 01:50:03.360]  it was probably a state case that we were talking about.
[01:50:03.360 --> 01:50:11.360]  The recent case on lawyer misconduct was a case, Santiago v. Mackie.
[01:50:11.360 --> 01:50:13.360]  Okay.
[01:50:13.360 --> 01:50:18.360]  And that's most likely the one we were speaking to, Santiago v. Mackie,
[01:50:18.360 --> 01:50:28.360]  a borrower who is being sued for foreclosure or somehow is in foreclosure.
[01:50:28.360 --> 01:50:36.360]  A request of Mackie, Mackie is, Mackie Wolf is about the second largest foreclosure mill in Texas,
[01:50:36.360 --> 01:50:41.360]  next to Barrett, Daffin, Frappin, and Kissmy behind.
[01:50:41.360 --> 01:50:51.360]  Well, the guy requested that the borrower produce the original instrument under UCC 3-501,
[01:50:51.360 --> 01:50:57.360]  and in Texas the UCC has been adopted into Chapter 41,
[01:50:57.360 --> 01:51:03.360]  the property code or business code, business commerce code, I believe.
[01:51:03.360 --> 01:51:06.360]  So we do have it, and it has the same designation.
[01:51:06.360 --> 01:51:13.360]  So under 3-501, it requires that if the debtor,
[01:51:13.360 --> 01:51:21.360]  when a creditor makes a presentment to a debtor and a presentment to demand for payment in the United States dollars,
[01:51:21.360 --> 01:51:27.360]  and the debtor demands production of the original security instrument,
[01:51:27.360 --> 01:51:31.360]  the creditor must produce the original security instrument for inspection,
[01:51:31.360 --> 01:51:36.360]  does not have to give it to the person, he just has to let them inspect it.
[01:51:36.360 --> 01:51:39.360]  So he requested it under that.
[01:51:39.360 --> 01:51:43.360]  And Mackie said, oh, no problem, come on down, got it right here in my office.
[01:51:43.360 --> 01:51:47.360]  They came down to the office, he showed them a copy.
[01:51:47.360 --> 01:51:56.360]  Well, the guy walked and then filed suit against Mackie for presenting a fraudulent document.
[01:51:56.360 --> 01:52:08.360]  Mackie argued that he was acting as a lawyer for a client and therefore had immunity.
[01:52:08.360 --> 01:52:12.360]  He didn't argue anything else.
[01:52:12.360 --> 01:52:20.360]  He should have argued some secondary issue so that the court would have another way to go just in case.
[01:52:20.360 --> 01:52:25.360]  But he only argued the one issue, and the court said no.
[01:52:25.360 --> 01:52:36.360]  Well, the trial court dismissed the claim against Mackie, and the individual appealed.
[01:52:36.360 --> 01:52:51.360]  And the appeals court said that no, presenting a false document is not a duty of a lawyer to his client.
[01:52:51.360 --> 01:52:56.360]  That when the lawyer presented a fraudulent document, he was on his own.
[01:52:56.360 --> 01:53:09.360]  And it kind of went to what we said earlier about the lawyer making sure that he tests the veracity of his client because he's responsible for what he does.
[01:53:09.360 --> 01:53:21.360]  So the judge said, the appeals court said no, presenting fraudulent documentation is not a duty of a lawyer, and they hammered him for it.
[01:53:21.360 --> 01:53:33.360]  So while this is Texas State, you could probably bounce off of this and find something from Wisconsin.
[01:53:33.360 --> 01:53:39.360]  This is pretty straightforward and it would probably be the same everywhere.
[01:53:39.360 --> 01:53:51.360]  Have you looked up the bar standards for Wisconsin concerning the duty to speak with candor to the court?
[01:53:51.360 --> 01:53:55.360]  I have looked it up so much and know it so well.
[01:53:55.360 --> 01:54:01.360]  I have lawyers dropping their customer on client three days after they talk to me.
[01:54:01.360 --> 01:54:09.360]  I have lawyers dropping five days in federal court after talking to me and then getting different lawyers.
[01:54:09.360 --> 01:54:18.360]  In my particular case for this little gem, you may remember back and we'll bring the listeners up to speed.
[01:54:18.360 --> 01:54:30.360]  It started off where the lawyers said, oh, the person that we're representing has no knowledge of who could possibly be the owners of this business.
[01:54:30.360 --> 01:54:33.360]  You can't set off red flags right there for me.
[01:54:33.360 --> 01:54:46.360]  This then went further and further and further and ultimately has come back around where the real owners of the business sued the general manager
[01:54:46.360 --> 01:55:01.360]  and the lawyers who were representing against me who did the original lying backdoored looking at the case of the business versus the ex-general manager problem.
[01:55:01.360 --> 01:55:11.360]  They also had represented the very same business in a different manner.
[01:55:11.360 --> 01:55:14.360]  Okay, hold on.
[01:55:14.360 --> 01:55:19.360]  They're representing the business or the manager?
[01:55:19.360 --> 01:55:24.360]  No, they represented both the business and the manager.
[01:55:24.360 --> 01:55:27.360]  In my case, they represented the manager.
[01:55:27.360 --> 01:55:31.360]  In a different case, they represented the business.
[01:55:31.360 --> 01:55:45.360]  Now, because of bankruptcy and my computer skills, I ended up with all of the person who I originally sued and started this whole thing off computers.
[01:55:45.360 --> 01:56:00.360]  I have 30 gigs worth of his emails and basically every bit of electronic flotsam and jetsam that had crossed his life for two decades.
[01:56:00.360 --> 01:56:05.360]  You can well imagine the kinds of wonderful things that you can find.
[01:56:05.360 --> 01:56:16.360]  In there, I found that he was negotiating with the law firm to try and take the business bankrupt that he was otherwise the general manager of.
[01:56:16.360 --> 01:56:21.360]  Ultimately, that attorney, when I bargained the law firm with my first bar agreements,
[01:56:21.360 --> 01:56:30.360]  that attorney who was a shareholder quit the law firm, left and went to a different law firm.
[01:56:30.360 --> 01:56:39.360]  He's the only honest lawyer I've seen in this whole mess because the duty is you can't rat out your customer,
[01:56:39.360 --> 01:56:44.360]  but your duty is to run away as fast and as hard as you can.
[01:56:44.360 --> 01:56:54.360]  So he did. He left the law firm where he was a shareholder.
[01:56:54.360 --> 01:57:02.360]  Okay. What is the issue now with this law firm?
[01:57:02.360 --> 01:57:16.360]  Well, I'd like to get ultimately either a matter in which I will not speak of it ever again for some form of consideration or,
[01:57:16.360 --> 01:57:29.360]  and really I'd much rather have the or, is get the entire state bar lawyer evaluation and grievance system reevaluated
[01:57:29.360 --> 01:57:37.360]  and get it out of the hands of the lawyers evaluating themselves because they obviously are failing.
[01:57:37.360 --> 01:57:41.360]  Yes. This is the same problem we're having here in Texas.
[01:57:41.360 --> 01:57:45.360]  Fox garden hen house.
[01:57:45.360 --> 01:57:48.360]  Actually, it seems like every horse this way.
[01:57:48.360 --> 01:57:52.360]  When I was in Australia, it was essentially the same.
[01:57:52.360 --> 01:57:57.360]  It's the lawyers, police, the lawyers.
[01:57:57.360 --> 01:58:05.360]  And they say that's because they're all highly trained and honorable professionals.
[01:58:05.360 --> 01:58:08.360]  Okay. We didn't laugh at that.
[01:58:08.360 --> 01:58:13.360]  Maybe highly trained. Highly trained, I'd laugh at that. And honorable, that's ludicrous.
[01:58:13.360 --> 01:58:19.360]  So, but yeah, consistently these are the, this is the only profession that police itself.
[01:58:19.360 --> 01:58:22.360]  The very one that shouldn't hang on.
[01:58:22.360 --> 01:58:30.360]  This is Randy Kelton with our radio, a call in number 512-646-1984.
[01:58:30.360 --> 01:58:35.360]  Give us a call. We're going to top of our break. So this will be a three minute break.
[01:58:35.360 --> 01:58:43.360]  It's a good time to go check out our sponsors on logos from radio network dot com and help support the network.
[01:58:43.360 --> 01:58:50.360]  We'll be right back.
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