ROL_2015-08-28_16k_Hr3-4.timecode

[00:00.000 --> 00:08.000]  The following newsflash is brought to you by the Lone Star Lowdown, providing you deli bulletins for the commodities market.
[00:08.000 --> 00:21.000]  Today in history, news updates and the inside scoop into the tides of the alternatives.
[00:21.000 --> 00:43.000]  Markets for the 28th of August, 2015 open up with gold at $1,131.16 an ounce, silver $14.55 an ounce, Texas crude $42.56 a barrel, and Bitcoin is currently sitting at about 225 U.S. currency.
[00:43.000 --> 00:58.000]  Today in history, Wednesday, August 28, 1963, Martin Luther King Jr. delivers his I Have a Dream speech before a civil rights march at the Lincoln Memorial in Washington, D.C.
[00:58.000 --> 01:09.000]  In recent news, McDonald's and Tyson Foods have both cut business ties with the Tennessee farmer where workers were captured brutally stabbing, clubbing, and stomping on chickens by an undercover video obtained by animal rights activists.
[01:09.000 --> 01:16.000]  Today, Tyson spokesperson stated that animal well-being is a priority at our company and we will not tolerate the unacceptable animal treatment shown in this video.
[01:16.000 --> 01:26.000]  McDonald's stated that we are committed to working with animal welfare and industry experts to inform our policies that promote better management, strong employee education, and verifications of practices.
[01:26.000 --> 01:31.000]  The Weekly County Sheriff's Office also stated that it had opened an investigation into the farm.
[01:31.000 --> 01:41.000]  Uncle, President of Mercy for Animals, said at a news conference to remember for the last five years in a row, Tyson awarded Grower of the Year to this facility, so it's too little, too late.
[01:41.000 --> 01:53.000]  One does have to wonder if investigations into the treatment of animals by the other contracted farmers and ranchers ever take place.
[01:53.000 --> 02:09.000]  The Texas Civil Rights Project and the Texas Rio Grande Legal Aid are representing 17 Mexican and Central American families in a lawsuit against the Lone Star State because the Texas County's registrar's office has been refusing to accept parents who present foreign national passports as a valid form of identification.
[02:09.000 --> 02:12.000]  Subsequently, they are being denied birth certificates to their children.
[02:12.000 --> 02:19.000]  The families are claiming that the registrars are violating the 14th Amendment's Equal Protection Clause as well as violating the Supremacy Clause.
[02:19.000 --> 02:30.000]  The Texas Attorney General's Office has apparently asked the court to dismiss the lawsuit, saying the agency is protected from litigation by the 11th Amendment and that the state cannot be taken to federal court under its sovereign immunity provisions.
[02:30.000 --> 02:39.000]  Legal experts, however, are saying that the case is likely to go forward to court.
[02:39.000 --> 02:49.000]  Tonight, August 29th, will host the first supermoon of the three expected this fall. What does this mean? Well, the full moon cycle coincides with the moon's closest approach to Earth during its orbit.
[02:49.000 --> 02:55.000]  The moon appears slightly larger than usual and usually makes for a spectacular view.
[02:55.000 --> 03:16.000]  This was your lowdown for August 28th, 2015.
[03:16.000 --> 03:32.000]  Well, I received my remedy today. It came in a box just like they say. I accepted it for value right away. It's not too young, not later.
[03:32.000 --> 03:52.000]  Okay, we are back. Randy Kelton with La Radio. And talking about breach of contract, as far as foreclosure and pairing suits against them in foreclosure, that's really my favorite place to go because we find more meat there than anywhere else.
[03:52.000 --> 04:09.000]  Now, the popular arguments that we hear about on the Internet all the time, I don't find those as effective. And that's why I've come to the conclusion that the banks put those out there for us because those were the fights the bank wanted to have.
[04:09.000 --> 04:18.000]  The bank wants us to stay away from that contract because generally they violate the contract the first day.
[04:18.000 --> 04:33.000]  And, you know, start at the beginning, if you read the contract, one of the things you might look at, Sonny, is read the deed of trust and take notes and write down what it means.
[04:33.000 --> 04:37.000]  And I'm talking about reading it in detail.
[04:37.000 --> 04:45.000]  Keep in mind that this is a legal document. This is not common English that you're reading.
[04:45.000 --> 04:49.000]  You're reading an English dialect, legalese.
[04:49.000 --> 05:02.000]  So, read the document and look at the terms that are used in the document and define the terms.
[05:02.000 --> 05:09.000]  Some specific terms to define the beneficiary, nominee.
[05:09.000 --> 05:12.000]  What does that mean?
[05:12.000 --> 05:15.000]  Trustee. What does it mean?
[05:15.000 --> 05:30.000]  Read the document and MERS is named as nominee or beneficiary for the lender. Sometimes MERS is named as mortgagee.
[05:30.000 --> 05:34.000]  What does that mean?
[05:34.000 --> 05:41.000]  The reason I'm saying this is I'm going to ambiguity.
[05:41.000 --> 05:56.000]  If an ordinary, if a reasonable person of ordinary prudence cannot read that document and understand what it means, then the document is too ambiguous to be enforceable.
[05:56.000 --> 06:01.000]  These are arguments that I haven't heard made.
[06:01.000 --> 06:14.000]  And at first I was surprised that we're not hearing these arguments made, but as I came to understand more about lawyers and the lawyer profession, I understand why these haven't been made.
[06:14.000 --> 06:23.000]  Because the complex arguments and the arguments that haven't been made every day by other lawyers, they're not well adjudicated.
[06:23.000 --> 06:29.000]  Lawyers don't want to touch anything that's not well adjudicated.
[06:29.000 --> 06:33.000]  So, read that first. See if you can make sense of it.
[06:33.000 --> 06:35.000]  There's a point I'm going to.
[06:35.000 --> 06:42.000]  There's a place where I expect you to trip big time.
[06:42.000 --> 06:48.000]  And that is you look at the Fannie Mae Freddie Mac uniform instrument.
[06:48.000 --> 06:56.000]  The first section is not actually a part of the contract itself.
[06:56.000 --> 07:00.000]  The first sections are just definitions.
[07:00.000 --> 07:10.000]  The borrower is defined, the lender is defined, the trustee is defined, and MERS is defined.
[07:10.000 --> 07:12.000]  The note is defined.
[07:12.000 --> 07:15.000]  The applicable law is defined.
[07:15.000 --> 07:19.000]  That's all a set of definitions.
[07:19.000 --> 07:33.000]  The first paragraph of the contract itself is the paragraph where the property is conveyed to the trustee.
[07:33.000 --> 07:40.000]  So, what is conveyed to the trustee?
[07:40.000 --> 07:45.000]  In a contract, there are two things of value here.
[07:45.000 --> 07:49.000]  There are actually two types of title.
[07:49.000 --> 07:52.000]  There's equitable title and there's legal title.
[07:52.000 --> 07:55.000]  Someone can hold one and not the other.
[07:55.000 --> 08:04.000]  And in this case, where you are in a deed of trust state,
[08:04.000 --> 08:14.000]  generally in a deed of trust state, the lender is not allowed to require that the borrower transfer the property to the lender.
[08:14.000 --> 08:18.000]  That's what happens in a mortgage state.
[08:18.000 --> 08:25.000]  In a judicial mortgage, the property is literally conveyed to the lender.
[08:25.000 --> 08:28.000]  The lender holds the property as collateral.
[08:28.000 --> 08:34.000]  But in a deed of trust state, the property is not conveyed to the lender,
[08:34.000 --> 08:39.000]  but rather is conveyed to a third party trustee.
[08:39.000 --> 08:42.000]  The legal title to the property.
[08:42.000 --> 08:47.000]  Now, the equitable title is held by the beneficiary.
[08:47.000 --> 08:54.000]  And the equitable portion of the title is that part that involves the money.
[08:54.000 --> 09:00.000]  Whoever the beneficiary is, is the person who has a right to be paid.
[09:00.000 --> 09:12.000]  Whoever the holder of the legal title is, is the one who has the right and power to make determinations that affect title.
[09:12.000 --> 09:19.000]  So that first paragraph transfers the property to the trustee.
[09:19.000 --> 09:31.000]  The very next paragraph, and I'm talking about I'm going to a deed of trust that contain murals because one of the places,
[09:31.000 --> 09:38.000]  when I do an evaluation of this document, one of the first things I look at is the footer.
[09:38.000 --> 09:48.000]  On your header, does the footer say Fannie Mae Freddie Mac uniformed instrument and give you a number?
[09:48.000 --> 09:55.000]  Does it say Fannie Mae Freddie Mac uniformed instrument with murals?
[09:55.000 --> 09:58.000]  I find some that says it, some that doesn't.
[09:58.000 --> 10:07.000]  Now, if the document says Fannie Mae Freddie Mac uniformed instrument and does not say with murals,
[10:07.000 --> 10:13.000]  then when you read the paragraph that starts with together with.
[10:13.000 --> 10:17.000]  The first paragraph conveys legal title to the trustee.
[10:17.000 --> 10:26.000]  The second paragraph adds to legal title together with all improvements, additions.
[10:26.000 --> 10:33.000]  Anything that would be added to the property is included in the legal transfer to the trustee.
[10:33.000 --> 10:36.000]  Okay, that's fair enough. Makes sense.
[10:36.000 --> 10:42.000]  But right in the middle of that paragraph, somebody stuck something in there.
[10:42.000 --> 10:47.000]  And I think whoever did that must have been high on coke or something.
[10:47.000 --> 10:54.000]  Because right in the middle of a paragraph that goes to the transfer,
[10:54.000 --> 11:01.000]  the inclusion of future improvements of the property in the transfer to the trustee,
[11:01.000 --> 11:15.000]  it says you understand that murals is not the beneficiary, but merely holds legal title.
[11:15.000 --> 11:21.000]  So Sonny, what is wrong with that picture?
[11:21.000 --> 11:27.000]  It's only two titles, equitable and legal.
[11:27.000 --> 11:32.000]  And I'm not sure about Georgia, but I know that in Texas,
[11:32.000 --> 11:36.000]  the Texas Business and Commerce Code, I think it's 2201,
[11:36.000 --> 11:48.000]  specifically forbids the lender from requiring that the borrower transfer the property to the lender.
[11:48.000 --> 11:54.000]  But that's exactly what that sentence does.
[11:54.000 --> 11:59.000]  The paragraph before it purported to transfer the property to the trustee,
[11:59.000 --> 12:05.000]  the very next paragraph says you understand that murals holds legal title.
[12:05.000 --> 12:08.000]  Well, trustee was supposed to hold legal title.
[12:08.000 --> 12:14.000]  What's murals doing with it?
[12:14.000 --> 12:19.000]  Doesn't make sense to me and I've read it a hundred times at least.
[12:19.000 --> 12:33.000]  I can't find a way to read that, that doesn't say at least that the contract is too ambiguous to be enforceable.
[12:33.000 --> 12:45.000]  Because if that sentence, that addition means what it says, then this is not a deed of trust, it's a mortgage.
[12:45.000 --> 12:55.000]  That in most deed of trust states, it'll be in violation of code that would forbid it to be transferred to the,
[12:55.000 --> 13:01.000]  either to the lender or the lender's agent, transferring it to the lender's agent.
[13:01.000 --> 13:12.000]  That is, if you define nominee as agent, we go back to the definition, nominee for the lender.
[13:12.000 --> 13:15.000]  What does that mean?
[13:15.000 --> 13:24.000]  Nominee, if you look up nominee in Webster and you look up nominee in Blacks, they both say essentially the same thing.
[13:24.000 --> 13:31.000]  So the term nominee means the same in common English as it does in the Greece.
[13:31.000 --> 13:41.000]  It means that someone who has been, who is subject to appointment to a position,
[13:41.000 --> 13:49.000]  someone who has been designated as subject to appointment for a position, who's been nominated.
[13:49.000 --> 13:52.000]  So MERS has been nominated for something.
[13:52.000 --> 13:59.000]  Now, the guys who put in nominee knew what the word agent meant.
[13:59.000 --> 14:05.000]  So if they met agent, they would have put agent, but they didn't mean agent.
[14:05.000 --> 14:16.000]  So I read the term and I look at the common law, the common English definition, and that means someone who's nominated.
[14:16.000 --> 14:20.000]  I look at the legal definition as someone who's nominated.
[14:20.000 --> 14:29.000]  Clearly, the meaning intended by that term in the deed of trust matches neither of these definitions.
[14:29.000 --> 14:34.000]  So I have no idea what that means.
[14:34.000 --> 14:37.000]  You can't presume it means agent or that it said agent.
[14:37.000 --> 14:40.000]  So it obviously does not mean agent.
[14:40.000 --> 14:45.000]  So what does it mean?
[14:45.000 --> 14:48.000]  Do you know, Sonny?
[14:48.000 --> 14:50.000]  Sounds ambiguous to me.
[14:50.000 --> 14:57.000]  Yeah, if you don't know, then the contract is unenforceable.
[14:57.000 --> 15:03.000]  And the mention on the reference to the footnote, the footer.
[15:03.000 --> 15:11.000]  If I have a document that says Fannie Mae Freddie Mac Uniform Instrument, and then it has MERS listed in it,
[15:11.000 --> 15:18.000]  then I take out, I go to the Fannie Mae site and I pull down the Fannie Mae Freddie Mac Uniform Instrument,
[15:18.000 --> 15:22.000]  the one that's listed in the footer to the document.
[15:22.000 --> 15:29.000]  And then I compare it to the one that has MERS in it.
[15:29.000 --> 15:39.000]  And I challenge that this was false and misleading as it is labeled as a uniform instrument.
[15:39.000 --> 15:46.000]  But on examining the wording of the document, it is clearly not a uniform instrument
[15:46.000 --> 15:59.000]  because it has a non-uniform provision in there that is not noted anywhere as a non-uniform provision.
[15:59.000 --> 16:08.000]  That section in the together with paragraph where it transfers the property to MERS instead of the trustee.
[16:08.000 --> 16:10.000]  And that's just one of them.
[16:10.000 --> 16:16.000]  When we come back, we'll go to 21, the sale of the note.
[16:16.000 --> 16:22.000]  When we had Joe Esquivel on, he spoke to this one quite a bit.
[16:22.000 --> 16:31.000]  In that, Covenant 21 creates a virtual impossibility.
[16:31.000 --> 16:33.000]  We'll talk about that when we come back.
[16:33.000 --> 16:34.000]  This is Brady Kelvin.
[16:34.000 --> 16:40.000]  This is our radio, our calling number, 512-646-1984. The board's pretty well open.
[16:40.000 --> 16:43.000]  And the call is due a little toward the end.
[16:43.000 --> 16:47.000]  So if you have a question or a comment, give us a call or get in line.
[16:47.000 --> 17:00.000]  We'll be right back.
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[19:01.000 --> 19:11.000]  You are listening to the Logos Radio Network, the LogosRadioNetwork.com.
[19:11.000 --> 19:36.000]  Well, don't let nothing get to you. Only the Father can deliver you. But don't let bad-minded people hurt you. Until Satan gets behind you. Norman, my friend, and all of your children.
[19:36.000 --> 19:48.000]  Okay, we are back at rule of law radio and talking to Sonny Morgan. Sonny, are we getting you some claims you can make?
[19:48.000 --> 19:51.000]  Yes, sir. This is good stuff.
[19:51.000 --> 20:11.000]  We've got more. Go to Covenant 21, and Covenant 21 authorizes the lender to sell a portion of the note or the entire note together with this security instrument.
[20:11.000 --> 20:31.000]  Now, the note is made up, the mortgage is made up of three documents. The note itself, the security instrument, and the warranty deed.
[20:31.000 --> 20:49.000]  So, when it says this instrument, it's speaking to the security instrument portion of the mortgage. It's saying that they can sell a note or a portion of the note together with this security instrument.
[20:49.000 --> 21:00.000]  It doesn't reference the warranty deed because they can't sell the warranty deed. That they trade to the buyer in return for the promissory note and the security instrument.
[21:00.000 --> 21:09.000]  So, how do you sell a portion of the note together with this security instrument?
[21:09.000 --> 21:18.000]  Because it says a portion of the note or the entire note. I think I've got it backwards. A portion of the note or the entire note.
[21:18.000 --> 21:30.000]  So, you can do one or the other. So, you can take or out of there and what follows it and say you can sell a portion of the note together with this security instrument.
[21:30.000 --> 21:48.000]  So, how do you do that? If you sell a portion of the note, say I sell 10% of the note, do I give the purchaser the security instrument as well?
[21:48.000 --> 22:02.000]  How do I sell a portion of the security instrument? You can sell a portion of the note. I'm sorry, let me back up.
[22:02.000 --> 22:19.000]  That is even more confusing because in fact they don't sell the note. And I think this particular covenant has created a lot of the confusion.
[22:19.000 --> 22:25.000]  Sunny, are you familiar with factoring?
[22:25.000 --> 22:27.000]  Factoring.
[22:27.000 --> 22:32.000]  Yes, factoring accounts receivable.
[22:32.000 --> 22:33.000]  No.
[22:33.000 --> 22:45.000]  Okay, I have a company and I am doing this work. I'm buying product, I'm paying employees and I'm producing this work and I'm invoicing the work.
[22:45.000 --> 22:55.000]  But I'm not getting paid. My vendors, my clients are dragging their feet and paying me. So, I have all these funds out.
[22:55.000 --> 23:03.000]  I have all this billing out but I don't have any money in my pocket. So, I go to the bank and I say I've got all these accounts receivable.
[23:03.000 --> 23:14.000]  I want to sell the accounts receivable to you. So that when a payment comes in on this accounts receivable, instead of coming to me, it goes to you.
[23:14.000 --> 23:30.000]  And I'll sell it to you at 80% of its face value. That is precisely, my bad, sorry I dropped something. That is precisely what the banks do.
[23:30.000 --> 23:38.000]  They do not sell the note. They sell the right to be paid on the note. They factor it.
[23:38.000 --> 23:53.000]  So, we talk about the security. The note is not sold as a security. The right to be paid, that's what becomes the security.
[23:53.000 --> 24:05.000]  So, you read this covenant. It authorizes the lender to sell the note or a portion of the note together with the security instrument.
[24:05.000 --> 24:21.000]  Okay, so let's say they sell a portion of the note, the right to be paid, because that is the only part of the whole contract that has any value.
[24:21.000 --> 24:36.000]  A contract is not a contract until something of value changes hands. At closing, the promise to pay is traded to the borrower in return for the warranty deed.
[24:36.000 --> 24:45.000]  The warranty deed is the property, so it has value. The promise to pay creates a stream of income. It has value.
[24:45.000 --> 24:59.000]  The security instrument does not have any value, no intrinsic value. It just gives someone the right to enforce the recovery of the collateral.
[24:59.000 --> 25:06.000]  So, the only two things that are of value are the right to be paid on the note and the warranty deed.
[25:06.000 --> 25:16.000]  So, if they sell a portion, say they sell the right to be paid, who holds the security instrument?
[25:16.000 --> 25:23.000]  How do they break the security instrument into two pieces? Maybe they can.
[25:23.000 --> 25:25.000]  Correct.
[25:25.000 --> 25:39.000]  I don't know. How would they do that? The real question is not how they do it. The question is why is it not clear in the contract?
[25:39.000 --> 25:48.000]  Once the seller enters into this transaction, it's no longer clear what is going on here.
[25:48.000 --> 26:00.000]  So, you no longer have clear notice of who the payment goes to.
[26:00.000 --> 26:15.000]  So, whether it's accurate or not, a reasonable person of ordinary prudence can hardly make sense of it. Does that make sense?
[26:15.000 --> 26:19.000]  It makes sense that it doesn't make sense.
[26:19.000 --> 26:25.000]  This is one other thing. That's kind of the point is that it doesn't make sense.
[26:25.000 --> 26:36.000]  So, it renders the contract unenforceable because it's too ambiguous to enforce.
[26:36.000 --> 26:51.000]  Okay, one other thing. We've heard people claim that the Deed of Trust was not valid because it was only signed by one party.
[26:51.000 --> 27:12.000]  And if it were the Fannie Mae Freddie Mac uniform instrument, then it would be sufficient if it were only signed by one party because it is not the written contract that creates the contract.
[27:12.000 --> 27:21.000]  What creates a contract is when something of value changes hands. That creates the contract.
[27:21.000 --> 27:37.000]  So, in a Deed of Trust, the borrower creates the Deed of Trust and the note and trades that to the lender in return for the warranty deed.
[27:37.000 --> 27:55.000]  So, the borrower created that Deed of Trust. And in the Fannie Mae Freddie Mac uniform instrument, the security instrument only contains concessions by the borrower.
[27:55.000 --> 28:00.000]  The borrower is agreeing to give certain concessions to the lender.
[28:00.000 --> 28:24.000]  However, if MERS is included in the contract and MERS is named in the contract as a nominee where nominee purports to give some sort of power of attorney to MERS,
[28:24.000 --> 28:39.000]  then the borrower has no power to do that. I'm sorry, gives power of attorney to MERS to act in the name of and at the behest of the lender.
[28:39.000 --> 28:54.000]  The borrower cannot assign an agent or nominee or whatever he is. The borrower cannot grant power of attorney to any entity for the lender. Only the lender can do that.
[28:54.000 --> 29:09.000]  So, in order for the Deed of Trust to be valid, if MERS is included in it, then the lender would have had to assign it to affirm the appointment of MERS.
[29:09.000 --> 29:18.000]  But they never signed it. This is not an issue that I've ever, I've made the issue, but we've never got any of these before the court.
[29:18.000 --> 29:34.000]  Now, we're about to go to break again, but when I come back, we're going to talk about the other one, the big one, the ones that I think this is probably the real thing they don't ever want us to go through the bank stuff.
[29:34.000 --> 29:41.000]  Those are the fees that are charged at closing. That's where you can really drop a bomb on them.
[29:41.000 --> 29:50.000]  Okay, we're about to go to break. This is Randy Kelton, Wheel of Law Radio. I call it number 512-646-1984.
[29:50.000 --> 30:00.000]  We're into our last hour and a half, so if you have a question or comment, give us a call and we'll be right back.
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[33:23.000 --> 33:41.000]  Okay, we are back, Randy Kelton, Rule of Law Radio, and we're talking to Sonny in Georgia. Now, those arguments were probably the most esoteric and way out there arguments that I make.
[33:41.000 --> 34:10.000]  There's also another argument alleging that the lack of full and proper disclosure goes to a problem with money laundering because, you know, Washington Mutual, Wachovia, and HSBC have all been, not HSBC, I'm sorry, Deutsche Bank, have all been, Wachovia and Washington Mutual were shut down specifically
[34:10.000 --> 34:22.000]  because they were laundering money for the drug cartels and using residential mortgages to do it. That's one of the arguments that I make.
[34:22.000 --> 34:48.000]  And then these two are kind of the off the wall. These other ones are not. I think that road ash fees is probably the one the bank fears having to deal with the most because it's the least esoteric, it's the most straightforward, and potentially one that will get them all put in jail.
[34:48.000 --> 34:56.000]  Sonny, do you have your HUD-1 settlement statement?
[34:56.000 --> 34:58.000]  Not in front of me.
[34:58.000 --> 35:14.000]  Okay. While I'm talking, see if you can find it. And then look at the second page of the HUD-1. For those who are not familiar, the HUD-1 settlement statement, that's the statement that contains all the fees that you charge to closing.
[35:14.000 --> 35:26.000]  And the fees can be from five to 15 or 20,000, depending on the size of the note and how bad they're trying to gig you.
[35:26.000 --> 35:37.000]  But always on the HUD-1 settlement statement, there are fraudulent charges. And it's easy to understand why.
[35:37.000 --> 35:48.000]  I mean, how many people have sat down at a closing table and looked at that HUD-1 and had any idea what all those fees were?
[35:48.000 --> 35:53.000]  You've got a whole raft of different fees on there.
[35:53.000 --> 36:05.000]  And under the Real Estate Sentimental Procedures Act, there are only certain fees that the lender can charge to you at closing.
[36:05.000 --> 36:27.000]  Those fees that are the normal part of doing business and that are for services provided by the lender or those costs that are incurred by the lender for the normal part of doing business are intended to be taken out of the interest that you pay.
[36:27.000 --> 36:33.000]  They're to be paid back for that part of their business by charging disinterest.
[36:33.000 --> 36:46.000]  But what they actually do is take those costs and add them to the head of the note by including them on the HUD-1 settlement statement and then charge your interest on them for 30 years.
[36:46.000 --> 37:04.000]  Almost every single HUD-1 I've looked at had fees that were highly questionable. Document preparation fees, processing fees, warehousing fees.
[37:04.000 --> 37:11.000]  They're charging you a warehousing fee for storing your documents. Well, this is the normal part of doing business.
[37:11.000 --> 37:19.000]  Document preparation is the normal part of doing business. That's why they collect all this interest to pay for that stuff.
[37:19.000 --> 37:21.000]  But instead they add it to the head of the note.
[37:21.000 --> 37:43.000]  So my question to you, Sonny, is when you sat down at the closing table, do you remember that the closing trustee provided documentation to show that the fees which were charged to you at closing were not otherwise forbidden to be charged by law?
[37:43.000 --> 37:52.000]  That the fees were for services actually rendered. That the services were necessary.
[37:52.000 --> 38:01.000]  That the amounts charged were reasonable and that the lender did not take an undisclosed mark upon the amounts charged.
[38:01.000 --> 38:08.000]  This walks right down prohibitions in the Real Estate Standard Procedures Act.
[38:08.000 --> 38:23.000]  If you did not receive that documentation, then you have reason to believe that at least some of these fees are improper, but you don't know which ones.
[38:23.000 --> 38:39.000]  So since you're relatively certain that some are improper and others may not have been, but you didn't receive documentation on any of them, then we claim they're all bogus.
[38:39.000 --> 38:50.000]  Every one of them. So go online and pull down a spreadsheet type amortization schedule.
[38:50.000 --> 38:58.000]  And you can find them online free where you put in your principal interest term and the date of the note.
[38:58.000 --> 39:07.000]  And it'll create a spreadsheet that will show each payment that you should make and how much it should be.
[39:07.000 --> 39:16.000]  It'll show you how much of your payment goes to interest and how much goes to principal and what your running balance is.
[39:16.000 --> 39:24.000]  And once you have that, check the note against these numbers.
[39:24.000 --> 39:32.000]  You take an amortization, put in the principal, put in the interest, and it will come up with a monthly payment.
[39:32.000 --> 39:37.000]  That monthly payment that this comes up with will be for principal and interest.
[39:37.000 --> 39:46.000]  And then go look on your note. Your note will have a principal and interest and a payment.
[39:46.000 --> 39:58.000]  See if that payment amount matches the amount calculated by the amortization schedule and most of the time it does.
[39:58.000 --> 40:12.000]  Then take the full amount charged on line 1400 of the headwind settlement statement. It doesn't make any difference if the fee was charged to you or to the seller.
[40:12.000 --> 40:18.000]  Because in the end, you're the buyer. You pay it all. The seller didn't have to pay this amount.
[40:18.000 --> 40:23.000]  He either took that off the head of the note and your principal would have been less. So you pay it all.
[40:23.000 --> 40:33.000]  So take the full amount, both columns, and subtract it from the principal as an overpayment on the first note.
[40:33.000 --> 40:42.000]  And then go down your running balance and see when it goes to zero, you will be surprised.
[40:42.000 --> 40:51.000]  I put in some extra columns and did some extra calculations in mind to calculate how much you would overpay.
[40:51.000 --> 41:03.000]  And actually you can read that from the sheet because when you take that full amount off of the principal on the first payment, you're not paying interest on that amount.
[41:03.000 --> 41:10.000]  You'll be amazed how quickly it drops down. The first one I did this with was Steve Skidmore.
[41:10.000 --> 41:18.000]  $116,000 note at 6%. $12,000 in closing fees.
[41:18.000 --> 41:26.000]  I took the $12,000 off the head of the note. His payments would have zeroed out at payment 240.
[41:26.000 --> 41:32.000]  So the last 10 years of his mortgage, he would be paying extra.
[41:32.000 --> 41:41.000]  So we do this calculation and determine how much you would overpay the note.
[41:41.000 --> 41:54.000]  And we want to know how much you'd overpay the note over the life of the note because in a claim of fraud, you do not claim the amount that you were actually defrauded of.
[41:54.000 --> 42:01.000]  In his case, it would have been $50,043 in change.
[42:01.000 --> 42:09.000]  So almost half overpayment on a $116,000 note.
[42:09.000 --> 42:15.000]  But his note was only five years old, so they hadn't defrauded him of that much.
[42:15.000 --> 42:18.000]  You do not claim the amount they actually defrauded you of.
[42:18.000 --> 42:24.000]  You claim the amount they would have defrauded you of had their plan ran to fruition, and that's the $50,000.
[42:24.000 --> 42:29.000]  But you don't sue for that amount. You sue for triple.
[42:29.000 --> 42:45.000]  And the beauty of this, Sonny, is you don't go in and claim $10 million, or like these guys in North Carolina over a traffic ticket filed a lien for $11 trillion,
[42:45.000 --> 42:48.000]  so that the court says, well, where the heck did you get that?
[42:48.000 --> 43:05.000]  You go in there, and like in Steve's case, you ask for $150,120-something dollars and 51 cents.
[43:05.000 --> 43:08.000]  And they say, well, where'd you come up with that?
[43:08.000 --> 43:14.000]  I will show them how I got that number to the penny.
[43:14.000 --> 43:17.000]  And they may disagree with how I got it.
[43:17.000 --> 43:20.000]  Who cares?
[43:20.000 --> 43:25.000]  Because in the end, the jury is going to remember one number.
[43:25.000 --> 43:29.000]  We know it. The other side knows it.
[43:29.000 --> 43:36.000]  You can whittle it down all you want to, but the jury's going to remember the number you walked in the door with.
[43:36.000 --> 43:38.000]  This is all politics.
[43:38.000 --> 43:42.000]  Politics to lead these guys to the table and make the jury take that sum.
[43:42.000 --> 43:47.000]  Hang on. Randy Kelton, you live on radio. Mark, I see you there. We'll get to you.
[43:47.000 --> 43:51.000]  I'll call it number 512-646-1984.
[43:51.000 --> 44:02.000]  We'll be right back.
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[46:21.000 --> 46:23.000]  Okay, we are back.
[46:23.000 --> 46:27.000]  Brandon Kelton, Rule of Law Radio, talking to Sonny in Georgia.
[46:27.000 --> 46:37.000]  So Sonny, get your HUD 1, get your note, get your Truth in Lending Statement.
[46:37.000 --> 46:40.000]  Truth in Lending Statement.
[46:40.000 --> 46:45.000]  If you look at this Truth in Lending Statement, it has four boxes across the middle of it.
[46:45.000 --> 46:51.000]  The first box is the interest amount, APR.
[46:51.000 --> 46:56.000]  The third box is the principal.
[46:56.000 --> 47:03.000]  But if you look at that APR and the principal, I think the second box is the amount of interest you'll pay.
[47:03.000 --> 47:06.000]  The last box is the total amount you'll pay.
[47:06.000 --> 47:11.000]  But what you're interested in is the principal and interest.
[47:11.000 --> 47:17.000]  You look at your note, you look at the Truth in Lending Statement, they're always different.
[47:17.000 --> 47:23.000]  The principal on the Truth in Lending Statement will be less than what's on the note.
[47:23.000 --> 47:26.000]  The interest will be more.
[47:26.000 --> 47:35.000]  About three times the numbers matched, and all of the hundreds I've looked at.
[47:35.000 --> 47:41.000]  About 75% of the time, the payment amounts don't match.
[47:41.000 --> 47:46.000]  Now I talked to some brokers and asked them how they get this number.
[47:46.000 --> 47:50.000]  And for the most part, they have a computer program that spits out the numbers.
[47:50.000 --> 47:54.000]  So the individuals don't know how this number is calculated.
[47:54.000 --> 48:03.000]  But I had one person state why, and it seems relatively accurate.
[48:03.000 --> 48:12.000]  What he's saying they do is they subtract the private mortgage insurance from the principal.
[48:12.000 --> 48:24.000]  And then they increase the interest amount so that you wind up paying off both.
[48:24.000 --> 48:27.000]  Well, that does not make sense.
[48:27.000 --> 48:31.000]  Why on earth would they do something like that?
[48:31.000 --> 48:43.000]  And without great regard to why, how do they manage to legally charge you something different
[48:43.000 --> 48:47.000]  than you agreed to pay on the note itself?
[48:47.000 --> 48:54.000]  Because on the note, you agreed to pay this amount of principal over this amount of time
[48:54.000 --> 49:00.000]  at this amount of interest with payments of this specified amount.
[49:00.000 --> 49:04.000]  And you get the hard one, it's got a different payment amount on it.
[49:04.000 --> 49:10.000]  Now sometimes when I look at the statements that people get,
[49:10.000 --> 49:16.000]  sometimes the principal and interest portion of the statement matches the note.
[49:16.000 --> 49:20.000]  Sometimes it matches the truth in lending statement.
[49:20.000 --> 49:23.000]  It's never consistent.
[49:23.000 --> 49:29.000]  So this is a good place to look to get you some good numbers.
[49:29.000 --> 49:34.000]  Look at the statement that you're getting from the bank.
[49:34.000 --> 49:38.000]  Look at the principal and interest on the statement.
[49:38.000 --> 49:43.000]  The whole payment is going to be higher than the note because the note doesn't include escrow.
[49:43.000 --> 49:47.000]  So look at the principal and interest on the statement.
[49:47.000 --> 49:52.000]  Compare that to the principal and interest on the note.
[49:52.000 --> 49:59.000]  If they're charging you less than you should be paying, that is a problem.
[49:59.000 --> 50:04.000]  If they're charging you more than you should be paying, that's also a problem.
[50:04.000 --> 50:08.000]  If they're charging you more, they're stealing money from you.
[50:08.000 --> 50:16.000]  If they're charging you less, you can be sure they're setting you up to force you into foreclosure.
[50:16.000 --> 50:27.000]  Because what they will do is they will go along and then they'll watch until you're slow paid for a couple of payments.
[50:27.000 --> 50:30.000]  That indicates you're struggling financially.
[50:30.000 --> 50:35.000]  And then they come in and say, oh my goodness, we made a mistake.
[50:35.000 --> 50:37.000]  Bank error.
[50:37.000 --> 50:40.000]  You owe us $30,000.
[50:40.000 --> 50:43.000]  Pay up or we foreclose.
[50:43.000 --> 50:46.000]  Now, this is not something I came up with.
[50:46.000 --> 50:49.000]  This is something callers brought to me.
[50:49.000 --> 50:59.000]  They're foreclosing on me and I made all my payments, but they claimed that I wasn't paying enough.
[50:59.000 --> 51:01.000]  But I paid what they told me to.
[51:01.000 --> 51:14.000]  So you want to run a calculation to make sure that what they're charging you on the statement is what you agreed to pay on the note.
[51:14.000 --> 51:20.000]  Sonny, I think that would be easy enough for you to figure out how to go after them for that one.
[51:20.000 --> 51:22.000]  Yes.
[51:22.000 --> 51:27.000]  Now there's more.
[51:27.000 --> 51:36.000]  What they're saying they do to get the truth and ending statement is they subtract private mortgage insurance from the principal
[51:36.000 --> 51:39.000]  and then they increase the interest to make up the difference so it pays off.
[51:39.000 --> 51:41.000]  I don't know why they would do a thing like that.
[51:41.000 --> 51:50.000]  But regardless, private mortgage insurance is only paid for the first 15% of the principal.
[51:50.000 --> 51:57.000]  Once the principal is paid down 15%, you don't have to have private mortgage insurance anymore by statute.
[51:57.000 --> 52:04.000]  So even if they're doing that, if they're subtracting the private mortgage from the principal
[52:04.000 --> 52:14.000]  and then increasing the interest rate to make up for it, they should only do that for 12 years, 12 or 14 years, depending on the interest rate.
[52:14.000 --> 52:21.000]  But I was just going over one with Philip who calls in on occasion.
[52:21.000 --> 52:34.000]  And what he found and what something I hadn't caught before is on the HUD-1 settlement statement, you have a private mortgage insurance cost.
[52:34.000 --> 52:37.000]  It's right there on the front of it. So you paid that private mortgage insurance.
[52:37.000 --> 52:49.000]  Well, when he ran the numbers, it turned out that from the truth and ending statement calculation, he was paying 40 bucks extra a month.
[52:49.000 --> 52:54.000]  So that left him paying the private mortgage insurance twice.
[52:54.000 --> 53:01.000]  Actually, from $1,700 it went to $6,800 is what he actually paid.
[53:01.000 --> 53:08.000]  The point of all this is look at the numbers carefully. You don't have to be an accountant.
[53:08.000 --> 53:12.000]  You don't have to be a rocket scientist to figure this one out.
[53:12.000 --> 53:19.000]  The note, that contains the amount you signed and agreed to pay.
[53:19.000 --> 53:25.000]  If any of this varies from the note, and I'm amazed at how much it varies,
[53:25.000 --> 53:33.000]  but if any of it varies from the note, then you have a problem. More or less is both a problem.
[53:33.000 --> 53:45.000]  I've been getting these statements where one of them, the note said $891.91 payment, principal and interest.
[53:45.000 --> 54:02.000]  I get the statement and the statement's got $238 principal, $250 something interest, and then $500 something for escrow.
[54:02.000 --> 54:11.000]  And I'm looking at this. I ran the amortization and it had, it should have been like $100 something for interest
[54:11.000 --> 54:21.000]  and a principal and $700 something for interest. But this is two and two.
[54:21.000 --> 54:27.000]  I have no idea where they're coming up with these numbers.
[54:27.000 --> 54:34.000]  And if you're looking at your statement and it doesn't match what you agreed to on the note,
[54:34.000 --> 54:41.000]  then you can't figure out where they're coming up with these numbers. You really need to take a hard look at that.
[54:41.000 --> 54:53.000]  Great place to make a claim. And it's a really fertile place for fraud because for the most part people get their statement and they pay it.
[54:53.000 --> 54:56.000]  And don't pay much attention to it.
[54:56.000 --> 55:04.000]  And then down toward the end of the note, after they paid for 25 years, then all of this stuff comes back to haunt them.
[55:04.000 --> 55:20.000]  So have a look at all your numbers. And then the last thing you want to do, Sonny, is go pull all the documents that have been filed with the public county recorder.
[55:20.000 --> 55:30.000]  Any state that has a county recorder is going to have a statute saying that in order for a claim against real property to be valid,
[55:30.000 --> 55:39.000]  it must be filed in the public record. Now most states don't require you to file in the public record.
[55:39.000 --> 55:43.000]  It's a free country. You're free to screw yourself if you want to.
[55:43.000 --> 55:52.000]  If you have a claim against real property and you don't file it, then you can't enforce it. The reason being is Sonny say you come to me
[55:52.000 --> 55:56.000]  and you want me to do some work on your house, but I don't have the money to pay you.
[55:56.000 --> 56:03.000]  I want to pay you out over time. And I say, okay, I can do that, but I'm going to want to take out a lien against your property.
[56:03.000 --> 56:14.000]  So the first thing I'm going to do is I'm going to go look in the public record and see if there's already a set of liens against your property that exceed the value of the property.
[56:14.000 --> 56:26.000]  Because if it does, my lien won't be worth anything. So I go down there and look in the record. I have a right to trust what I find there.
[56:26.000 --> 56:37.000]  So if I don't find a claim because somebody had a claim and didn't file it, then I act in good faith and I put my claim in.
[56:37.000 --> 56:44.000]  You can't come back later and pass mine. Yours now falls behind mine.
[56:44.000 --> 56:57.000]  So look in the record for who filed what and when. Everyone who files has to have had power to file.
[56:57.000 --> 57:05.000]  The first one who has power to file is the lender that you named in the HUD-1 settlement statement.
[57:05.000 --> 57:14.000]  If there's a filing, for instance, Washington Mutual Note, Washington Mutual goes out of business, they don't file any assignments.
[57:14.000 --> 57:19.000]  Five years later, Chase comes in and files an assignment of substitute trustee.
[57:19.000 --> 57:28.000]  Will you look at the record and say, how did Chase get authority to file anything in the record?
[57:28.000 --> 57:37.000]  And you can't look outside the record. Chase will do this, song and dance, it sells you down your pants.
[57:37.000 --> 57:42.000]  How they got all of the claim, all of the assets of Washington Mutual, so what?
[57:42.000 --> 57:49.000]  We don't know if this particular contract was an asset of Washington Mutual when they went out of business.
[57:49.000 --> 57:55.000]  What we do know is that Washington Mutual had a claim and they didn't transfer their claim to you.
[57:55.000 --> 58:01.000]  They went out of business, so they abandoned their claim. They don't have one.
[58:01.000 --> 58:07.000]  There's an assignment in there by someone who's not named anywhere. That's void on its face.
[58:07.000 --> 58:13.000]  Look at the documents. It doesn't take a rocket scientist. Just look at them logically.
[58:13.000 --> 58:18.000]  Who filed what, when, and what authority did they have to file?
[58:18.000 --> 58:26.000]  If you can't find authority in the record, they don't get to look somewhere else, then you file a quiet title action against those documents.
[58:26.000 --> 58:31.000]  We could break out one of those documents. The lender loses his standing to foreclose.
[58:31.000 --> 58:50.000]  Hang on, Randy Kelton, we have our radio. I call it number 512-646-1984. We'll be right back.
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[59:27.000 --> 59:40.000]  To order your free New Testament Recovery Version and Basic Elements of the Christian Life, call Bibles for America toll free at 888-551-0102.
[59:40.000 --> 59:50.000]  That's 888-551-0102 or visit us online at bfa.org.
[59:50.000 --> 01:00:00.000]  You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:00.000 --> 01:00:21.000]  The following newsflash is brought to you by the Lone Star Lowdown, providing the daily bulletins for the commodities market, today in history, news updates, and the inside scoop into the tides of the alternative.
[01:00:21.000 --> 01:00:43.000]  Markets for the 28th of August, 2015 open up with gold at $1,131.16 an ounce, silver $14.55 an ounce, Texas crude $42.56 a barrel, and Bitcoin is currently sitting at about 225 U.S. currency.
[01:00:43.000 --> 01:00:58.000]  Today in history, Wednesday, August 28, 1963, Martin Luther King Jr. delivers his I Have a Dream speech before a civil rights march at the Lincoln Memorial in Washington, D.C.
[01:00:58.000 --> 01:01:13.000]  In recent news, McDonald's and Tyson Foods have both cut business ties with the Tennessee farmer where workers were captured brutally stabbing, clubbing, and stomping on chickens by an undercover video obtained by animal rights activists.
[01:01:13.000 --> 01:01:16.000]  A Tyson spokesperson stated that animal well-being is a priority at our company and we will not tolerate the unacceptable animal treatment shown in this video.
[01:01:16.000 --> 01:01:26.000]  McDonald's stated that we are committed to working with animal welfare and industry experts to inform our policies that promote better management, strong employee education, and verifications of practices.
[01:01:26.000 --> 01:01:30.000]  The weekly county sheriff's office also stated that it had opened an investigation into the farm.
[01:01:30.000 --> 01:01:41.000]  Nathan Runkle, president of Mercy for Animals, said at a news conference to remember for the last five years in a row Tyson awarded Grower of the Year to this facility, so it's too little, too late.
[01:01:41.000 --> 01:01:53.000]  One does have to wonder if investigations into the treatment of animals by the other contracted farmers and ranchers ever take place.
[01:01:53.000 --> 01:02:09.000]  The Texas Civil Rights Project and the Texas Rio Grande Legal Aid are representing 17 Mexican and Central American families in a lawsuit against the Lone Star State because the Texas County's registrar's office has been refusing to accept parents who present foreign national passports as a valid form of identification.
[01:02:09.000 --> 01:02:12.000]  Subsequently, they are being denied birth certificates to their children.
[01:02:12.000 --> 01:02:19.000]  The families are claiming that the registrars are violating the 14th Amendment's Equal Protection Clause as well as violating the Supremacy Clause.
[01:02:19.000 --> 01:02:30.000]  The Texas Attorney General's office has apparently asked the court to dismiss the lawsuit, saying the agency is protected from litigation by the 11th Amendment and that the state cannot be taken to federal court under its sovereign immunity provisions.
[01:02:30.000 --> 01:02:38.000]  Legal experts, however, are saying that the case is likely to go forward to court.
[01:02:38.000 --> 01:02:43.000]  Tomorrow night, August 29th, will host the first supermoon of the three expected this fall.
[01:02:43.000 --> 01:02:44.000]  What does this mean?
[01:02:44.000 --> 01:02:49.000]  Well, the full moon cycle coincides with the moon's closest approach to Earth during its orbit.
[01:02:49.000 --> 01:02:55.000]  The moon appears slightly larger than usual and usually makes for a spectacular view.
[01:02:55.000 --> 01:03:22.000]  This was your Lowdown for August 28th, 2015.
[01:03:22.000 --> 01:03:25.000]  Okay.
[01:03:25.000 --> 01:03:26.000]  We are back.
[01:03:26.000 --> 01:03:27.000]  Randy Kelton.
[01:03:27.000 --> 01:03:30.000]  I'm talking to Sonny in Georgia.
[01:03:30.000 --> 01:03:39.000]  Sonny, that's kind of an hour and a half overview of about an eight hour seminar.
[01:03:39.000 --> 01:03:43.000]  Did that give you some things to work on?
[01:03:43.000 --> 01:03:47.000]  Yes, sir.
[01:03:47.000 --> 01:03:51.000]  So do you have any questions?
[01:03:51.000 --> 01:03:59.000]  I'm going to throw too much at you so you don't even have room left for questions.
[01:03:59.000 --> 01:04:08.000]  Well, that is a lot and I do thank you for that.
[01:04:08.000 --> 01:04:14.000]  The first thing that will make this easier is start out with the documents.
[01:04:14.000 --> 01:04:18.000]  Start out by going to the clerk and getting all the documents that are in there
[01:04:18.000 --> 01:04:24.000]  and just go through one document after another and see who followed what when
[01:04:24.000 --> 01:04:28.000]  and see what kind of anomalies you can find there.
[01:04:28.000 --> 01:04:35.000]  And then you get your note and your bank statements and look for a little anomalies there.
[01:04:35.000 --> 01:04:40.000]  The things about the taking on the deed of trust is a little more sophisticated
[01:04:40.000 --> 01:04:44.000]  and generally you don't need to get there.
[01:04:44.000 --> 01:04:47.000]  You'll find a few anomalies here.
[01:04:47.000 --> 01:04:55.000]  This is all about money and the banks, all they care about is the money
[01:04:55.000 --> 01:04:59.000]  and you bring things they have to adjudicate.
[01:04:59.000 --> 01:05:02.000]  It don't matter if they can win it or not.
[01:05:02.000 --> 01:05:06.000]  They're going to lose because of their attorney fees.
[01:05:06.000 --> 01:05:13.000]  And while the judges tend to pick on the procedure, at least we feel like they do,
[01:05:13.000 --> 01:05:21.000]  what they tend not to do so long as the pro se doesn't act ignorant
[01:05:21.000 --> 01:05:26.000]  or be too obnoxious is they don't charge them much in attorneys fees.
[01:05:26.000 --> 01:05:34.000]  So the bank has to look at bearing the cost of fighting one of these issues.
[01:05:34.000 --> 01:05:38.000]  And that's where the real leverage is.
[01:05:38.000 --> 01:05:41.000]  They're paying six, eight hundred bucks an hour for attorneys who are doing nothing
[01:05:41.000 --> 01:05:47.000]  but padding the bills, seeing how much money they can pull out of the bank.
[01:05:47.000 --> 01:05:56.000]  So my suggestion is not that you think in terms of suing the bank,
[01:05:56.000 --> 01:06:02.000]  but you think in terms of claims that you can make against the bank
[01:06:02.000 --> 01:06:08.000]  that you can then use to negotiate a settlement with them.
[01:06:08.000 --> 01:06:15.000]  Danny, have you tried at any time to negotiate a settlement with the bank?
[01:06:15.000 --> 01:06:20.000]  Not, no.
[01:06:20.000 --> 01:06:25.000]  How long have you been in this fight with them?
[01:06:25.000 --> 01:06:32.000]  Since at least 2011, maybe 2010.
[01:06:32.000 --> 01:06:36.000]  Okay, there is a danger here.
[01:06:36.000 --> 01:06:42.000]  When we get in a long protracted fight, if we're not careful,
[01:06:42.000 --> 01:06:49.000]  it stops being about an outcome and starts being about the fight.
[01:06:49.000 --> 01:06:59.000]  So that brings the question, what for you would be an acceptable outcome?
[01:06:59.000 --> 01:07:04.000]  End result.
[01:07:04.000 --> 01:07:08.000]  Well, I think you hit the nail pretty much on the head.
[01:07:08.000 --> 01:07:12.000]  I think I've seen enough evidence of fraud and everything else
[01:07:12.000 --> 01:07:21.000]  that I want to fight to the end.
[01:07:21.000 --> 01:07:28.000]  If I can win something, get something in Georgia that other people can use,
[01:07:28.000 --> 01:07:34.000]  then that would be wonderful.
[01:07:34.000 --> 01:07:40.000]  Okay, then it's important that we carefully define what we're doing.
[01:07:40.000 --> 01:07:45.000]  Martin Luther King talking about keep your eye on the prize.
[01:07:45.000 --> 01:07:50.000]  You need to know what it is you're here to do.
[01:07:50.000 --> 01:07:55.000]  Are you trying to stop the foreclosure and get your property for free?
[01:07:55.000 --> 01:08:03.000]  Are you trying to bring issues that other people can use to gain remedy for themselves?
[01:08:03.000 --> 01:08:07.000]  What is it that you're trying to achieve?
[01:08:07.000 --> 01:08:13.000]  If you haven't defined it, then you're kind of like the guy
[01:08:13.000 --> 01:08:17.000]  where if he doesn't know where he's going, he's probably going to wind up somewhere else.
[01:08:17.000 --> 01:08:28.000]  So have you carefully defined what it is you're trying to accomplish?
[01:08:28.000 --> 01:08:33.000]  Well, first and foremost, I want to stay in my house.
[01:08:33.000 --> 01:08:38.000]  I've already paid them well over $100,000.
[01:08:38.000 --> 01:08:41.000]  I don't think I should have to pay them anymore.
[01:08:41.000 --> 01:08:48.000]  I think they've committed enough fraud and defrauded enough people.
[01:08:48.000 --> 01:08:58.000]  Have you attempted to adjudicate or to mediate a settlement to that effect?
[01:08:58.000 --> 01:09:05.000]  No, I haven't, but I think that's a really good idea.
[01:09:05.000 --> 01:09:12.000]  They're going to try it again on Tuesday.
[01:09:12.000 --> 01:09:16.000]  You have to consider that, especially if you're pro se,
[01:09:16.000 --> 01:09:22.000]  you've got to expect them to rule against you out of hand at every turn.
[01:09:22.000 --> 01:09:23.000]  It's just the reality.
[01:09:23.000 --> 01:09:25.000]  Now, maybe they won't.
[01:09:25.000 --> 01:09:27.000]  If they don't, so much the better.
[01:09:27.000 --> 01:09:31.000]  But you should always assume they're going to rule against you out of hand at every turn.
[01:09:31.000 --> 01:09:37.000]  So how do you conduct yourself in a way to lead you to your outcome?
[01:09:37.000 --> 01:09:42.000]  Here, if you can construct some really well-placed arguments
[01:09:42.000 --> 01:09:48.000]  that makes it look like the bank is going to be stuck with you for a long time,
[01:09:48.000 --> 01:09:54.000]  they know they'll win in the end, but they also know it's going to cost them a fortune.
[01:09:54.000 --> 01:09:59.000]  So we stop thinking in terms of rule of law.
[01:09:59.000 --> 01:10:03.000]  I mean, we have to work with rule of law to get things structured,
[01:10:03.000 --> 01:10:07.000]  but in the end, that's not what's going to carry the day.
[01:10:07.000 --> 01:10:12.000]  What's going to carry the day is the money.
[01:10:12.000 --> 01:10:18.000]  So if you want to stay in your house and don't want to have to pay them anymore,
[01:10:18.000 --> 01:10:22.000]  go to them and say, let's make a deal.
[01:10:22.000 --> 01:10:25.000]  You stop trying to foreclose, I'll stop suing you.
[01:10:25.000 --> 01:10:37.000]  Well, what can you do to get them to want you to go away and leave them alone?
[01:10:37.000 --> 01:10:45.000]  Have you filed any bar grievances, judicial conduct complaints or criminal complaints?
[01:10:45.000 --> 01:10:50.000]  Yeah, they've been hit up with over a dozen bar grievances.
[01:10:50.000 --> 01:10:52.000]  Oh, good, good, good.
[01:10:52.000 --> 01:10:54.000]  So that increases the cost.
[01:10:54.000 --> 01:10:57.000]  Have you filed judicial conduct complaints?
[01:10:57.000 --> 01:10:59.000]  I have not.
[01:10:59.000 --> 01:11:11.000]  Has the judge acted in a way that you perceive to be improper?
[01:11:11.000 --> 01:11:14.000]  Not that I can just...
[01:11:14.000 --> 01:11:16.000]  Okay, good, good.
[01:11:16.000 --> 01:11:18.000]  Not that I can readily see.
[01:11:18.000 --> 01:11:24.000]  He hasn't been obviously major biased and by all means leave him alone
[01:11:24.000 --> 01:11:30.000]  because there are so few that are not obviously biased
[01:11:30.000 --> 01:11:36.000]  that we need to appreciate the ones that at least try to follow law.
[01:11:36.000 --> 01:11:47.000]  So what can you do now to make them want to come to the table?
[01:11:47.000 --> 01:11:49.000]  That's what I'm leading to, what I'm thinking.
[01:11:49.000 --> 01:11:53.000]  Have you filed any criminal charges against them?
[01:11:53.000 --> 01:11:55.000]  I have not.
[01:11:55.000 --> 01:11:59.000]  You mean like something along the lines of RICO or...?
[01:11:59.000 --> 01:12:02.000]  Or tampering with a government document
[01:12:02.000 --> 01:12:07.000]  if they filed a document with the court that's fraudulent or false?
[01:12:07.000 --> 01:12:09.000]  Mail fraud?
[01:12:09.000 --> 01:12:12.000]  Mail fraud.
[01:12:12.000 --> 01:12:14.000]  They've raised the bar a little bit.
[01:12:14.000 --> 01:12:18.000]  They're trying to throw you out on the street, so they don't mind.
[01:12:18.000 --> 01:12:22.000]  They cause you major grief, so look at what they filed.
[01:12:22.000 --> 01:12:26.000]  If they filed an affidavit, that's probably untrue.
[01:12:26.000 --> 01:12:33.000]  That's not only grounds for a civil claim, it's also criminal.
[01:12:33.000 --> 01:12:41.000]  You might take them to task criminally, give them a reason to come to the table.
[01:12:41.000 --> 01:12:47.000]  But before you think about this, let's talk next week.
[01:12:47.000 --> 01:12:56.000]  First, put some time in deciding what you would most like to achieve
[01:12:56.000 --> 01:13:01.000]  and what would be an acceptable outcome.
[01:13:01.000 --> 01:13:06.000]  If I can't get everything I want at the end of the day,
[01:13:06.000 --> 01:13:15.000]  what would be something I could go home with and feel like I had done okay?
[01:13:15.000 --> 01:13:19.000]  Once you know what you're shooting for,
[01:13:19.000 --> 01:13:26.000]  now you can more strategically plan your moves to get you to that outcome.
[01:13:26.000 --> 01:13:29.000]  If you haven't decided on an outcome,
[01:13:29.000 --> 01:13:37.000]  you're just shooting wild and hoping something hits.
[01:13:37.000 --> 01:13:43.000]  Once you define a specific outcome, then you'll start playing chess with it.
[01:13:43.000 --> 01:13:48.000]  It gets a lot more interesting.
[01:13:48.000 --> 01:13:51.000]  Yeah, I want my house.
[01:13:51.000 --> 01:13:54.000]  Okay, write it down.
[01:13:54.000 --> 01:13:57.000]  It's not real until you've written it down.
[01:13:57.000 --> 01:14:00.000]  Set a goal.
[01:14:00.000 --> 01:14:04.000]  In the church, they call it prayer.
[01:14:04.000 --> 01:14:10.000]  Before you pray about something, you've got to decide what is it that you want.
[01:14:10.000 --> 01:14:12.000]  Specify it, align it, define it.
[01:14:12.000 --> 01:14:15.000]  What do you want in this regard?
[01:14:15.000 --> 01:14:18.000]  What do you want to achieve at the end of the day?
[01:14:18.000 --> 01:14:20.000]  Write it down.
[01:14:20.000 --> 01:14:27.000]  In Harvard School of Business, they call it setting specific goals.
[01:14:27.000 --> 01:14:29.000]  But it takes us to the same place.
[01:14:29.000 --> 01:14:34.000]  It focuses the mind so that everything you do,
[01:14:34.000 --> 01:14:40.000]  every step you take will filter through that intended ultimate outcome.
[01:14:40.000 --> 01:14:44.000]  Your inner mind will say, if I do this thing,
[01:14:44.000 --> 01:14:49.000]  will it lead me toward my intended outcome or will it lead me away from it?
[01:14:49.000 --> 01:14:52.000]  Or will it have no effect?
[01:14:52.000 --> 01:14:57.000]  If it has no effect and I use up resources, it's a waste.
[01:14:57.000 --> 01:15:01.000]  If it leads me away from my outcome, it's worse than a waste.
[01:15:01.000 --> 01:15:07.000]  Only do things that lead me toward my intended outcome.
[01:15:07.000 --> 01:15:09.000]  That's what goal setting is.
[01:15:09.000 --> 01:15:14.000]  You deliver a message to the inner mind to filter every action,
[01:15:14.000 --> 01:15:19.000]  every reaction toward this outcome.
[01:15:19.000 --> 01:15:25.000]  Then you'll find yourself far more directed and far more effective.
[01:15:25.000 --> 01:15:31.000]  Did you hear me read the quiet title at the beginning of the show?
[01:15:31.000 --> 01:15:33.000]  I did not.
[01:15:33.000 --> 01:15:39.000]  Okay, I've constructed this 20-something page quiet title action
[01:15:39.000 --> 01:15:43.000]  that I don't want to file.
[01:15:43.000 --> 01:15:48.000]  I got it and I'm going to waive it at them.
[01:15:48.000 --> 01:15:51.000]  Actually, I've waived it at them and they hadn't responded to me at all,
[01:15:51.000 --> 01:15:52.000]  so I'm going to sue them.
[01:15:52.000 --> 01:15:54.000]  I'm going to file this in the court,
[01:15:54.000 --> 01:15:58.000]  but I do not want to adjudicate anything that's in it.
[01:15:58.000 --> 01:16:02.000]  The whole purpose of this thing is to bring them to the table
[01:16:02.000 --> 01:16:05.000]  and make a deal with me that I can live with.
[01:16:05.000 --> 01:16:12.000]  They have a $80,000 home equity loan that's paid down to 72.
[01:16:12.000 --> 01:16:15.000]  They've got a $72,000 claim.
[01:16:15.000 --> 01:16:21.000]  The day they say they'll sell me that claim for 35 grand, we are done.
[01:16:21.000 --> 01:16:25.000]  Now, I've got them in a position where I can take the whole thing, guys.
[01:16:25.000 --> 01:16:26.000]  The law is against you.
[01:16:26.000 --> 01:16:27.000]  It's dead bang.
[01:16:27.000 --> 01:16:28.000]  You don't have a chance.
[01:16:28.000 --> 01:16:32.000]  That's what I tell them.
[01:16:32.000 --> 01:16:36.000]  As soon as they tell me they'll do 35 grand, we are finished here.
[01:16:36.000 --> 01:16:39.000]  We're going to the house.
[01:16:39.000 --> 01:16:46.000]  Everything I'm doing is to give them reason to agree to half of what's owed.
[01:16:46.000 --> 01:16:49.000]  When they do that, I'm gone.
[01:16:49.000 --> 01:16:56.000]  You need to know when you want to die.
[01:16:56.000 --> 01:17:01.000]  Okay, call next week and let's talk.
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[01:19:00.000 --> 01:19:11.000]  This is the Logos Radio Network.
[01:19:11.000 --> 01:19:23.000]  Oh, come on.
[01:19:23.000 --> 01:19:25.000]  Okay, we are back.
[01:19:25.000 --> 01:19:28.000]  Randy Kelton, Wheelbarrow Radio and we're going to Mark in Texas.
[01:19:28.000 --> 01:19:31.000]  Hello, Mark.
[01:19:31.000 --> 01:19:33.000]  Hello, Randy.
[01:19:33.000 --> 01:19:36.000]  Hey, what do you have for us today?
[01:19:36.000 --> 01:19:38.000]  Well, I'll tell you this.
[01:19:38.000 --> 01:19:44.000]  This is something for all the listeners who are off in the dark the way I've been for too damn long.
[01:19:44.000 --> 01:19:47.000]  But I'll tell you, I printed up the FDCPA.
[01:19:47.000 --> 01:19:52.000]  It's 10 pages in 12-point Times New Roman font.
[01:19:52.000 --> 01:19:58.000]  I have massive violations in the case that I'm dealing with here.
[01:19:58.000 --> 01:20:05.000]  And I was concerned as I started looking into it, as Jeff would call in and you would talk about this stuff too.
[01:20:05.000 --> 01:20:12.000]  By the way, your discussion just earlier with the caller just previous to me clarified things.
[01:20:12.000 --> 01:20:15.000]  I've heard you say those things before, but it clarified it in a really fabulous way.
[01:20:15.000 --> 01:20:17.000]  So thank you for that.
[01:20:17.000 --> 01:20:24.000]  But I had to say it's very interesting to note that in my case where I have a fraudulent assignment
[01:20:24.000 --> 01:20:35.000]  that they have essentially sent me dunning letters every month since the time they filed their initial complaint two years ago.
[01:20:35.000 --> 01:20:37.000]  I can't ding them for that.
[01:20:37.000 --> 01:20:41.000]  There's a one-year statute of limitations on FDCPA is my understanding.
[01:20:41.000 --> 01:20:46.000]  But I got a dunning letter on the 20th of this month just passed.
[01:20:46.000 --> 01:20:52.000]  It says my debt's 2,900-something days past due.
[01:20:52.000 --> 01:20:55.000]  It's clearly passed the statute of limitations right there.
[01:20:55.000 --> 01:21:04.000]  And they are essentially the servicer in this case sending me something where they're not the original creditor.
[01:21:04.000 --> 01:21:08.000]  According to FDCPA, they would have to be the original creditor
[01:21:08.000 --> 01:21:14.000]  or they would have to be collecting on behalf of the original creditor in order for that form not to be deceptive.
[01:21:14.000 --> 01:21:17.000]  This is fabulous.
[01:21:17.000 --> 01:21:23.000]  Anyway, I want to ask you your thoughts on a couple things.
[01:21:23.000 --> 01:21:27.000]  We were speaking before about a writ of mandamus.
[01:21:27.000 --> 01:21:29.000]  I'm still a little scared.
[01:21:29.000 --> 01:21:36.000]  I've talked to an attorney that I think is smart, but he's not as well-versed on this type of thing as you
[01:21:36.000 --> 01:21:39.000]  or others on this show that call in.
[01:21:39.000 --> 01:21:45.000]  And I think I may be able to not suffer some prejudice if I work with this guy,
[01:21:45.000 --> 01:21:49.000]  but I want to be sure that we're doing the right thing, as you always talk about.
[01:21:49.000 --> 01:21:53.000]  So, anyway, man, I'm taking a long time to get to my point.
[01:21:53.000 --> 01:21:58.000]  All I wanted to say was...
[01:21:58.000 --> 01:22:00.000]  Just kidding, just kidding.
[01:22:00.000 --> 01:22:05.000]  You know, this is the most interesting thing going on in America today.
[01:22:05.000 --> 01:22:09.000]  But anyway, your ratings are better than Howard Stern's.
[01:22:09.000 --> 01:22:18.000]  But anyway, as far as things go, I wanted to ask if Mark in Wisconsin could get in touch with Randy
[01:22:18.000 --> 01:22:22.000]  and get in touch with me, because apparently you had something about the writ of mandamus
[01:22:22.000 --> 01:22:25.000]  that might have been valuable.
[01:22:25.000 --> 01:22:31.000]  And to that effect, relative to the writ of mandamus versus...
[01:22:31.000 --> 01:22:37.000]  Wait a minute, Mark sent me something on that, and I thought I forwarded that to you.
[01:22:37.000 --> 01:22:39.000]  I don't think so.
[01:22:39.000 --> 01:22:43.000]  I'll go back and recheck, because I believe he did send me something.
[01:22:43.000 --> 01:22:47.000]  I'd love to be in touch with him. He seems like he's pretty sharp.
[01:22:47.000 --> 01:22:52.000]  He is, and I like the way he goes about this.
[01:22:52.000 --> 01:22:55.000]  He doesn't take it too serious.
[01:22:55.000 --> 01:23:04.000]  I mean, personally serious, so it keeps him at arm's length from the emotional part of this.
[01:23:04.000 --> 01:23:07.000]  And that's what I was talking about, Sonny.
[01:23:07.000 --> 01:23:15.000]  With Sonny, after you've been in the fight a while, you tend to become too emotionally involved in the fight.
[01:23:15.000 --> 01:23:19.000]  But Mark seemed to have avoided that very nicely.
[01:23:19.000 --> 01:23:21.000]  As a matter of fact, you have too.
[01:23:21.000 --> 01:23:25.000]  I'm glad he can. I'm able to do it in my case.
[01:23:25.000 --> 01:23:28.000]  I bought a home to save it for family.
[01:23:28.000 --> 01:23:30.000]  They don't live there any longer.
[01:23:30.000 --> 01:23:36.000]  No one's taking my house, and my child is sleeping safe and happy in a home tonight
[01:23:36.000 --> 01:23:40.000]  that's got a low interest rate and is going to be paid for in a few years.
[01:23:40.000 --> 01:23:45.000]  But as far as things go, there are loads of people who can't say that.
[01:23:45.000 --> 01:23:52.000]  And what criminals essentially do to these people is so incredibly wrong.
[01:23:52.000 --> 01:23:59.000]  I'm going to do a lot more as I become more wise to stand up and help people.
[01:23:59.000 --> 01:24:06.000]  But anyway, with respect to things, you've helped me understand that since my suit was filed
[01:24:06.000 --> 01:24:14.000]  past the statute of limitations on its face value in just about every jurisdiction in this country,
[01:24:14.000 --> 01:24:19.000]  that is enough to say that the complaint is tainted, it's void, it's null,
[01:24:19.000 --> 01:24:25.000]  and it will not be something that can be referred back to by any future complaint.
[01:24:25.000 --> 01:24:28.000]  They simply have to file another one.
[01:24:28.000 --> 01:24:33.000]  And in the case law that I find in the state of Arkansas,
[01:24:33.000 --> 01:24:37.000]  there's more ambiguity on that particular issue than I like.
[01:24:37.000 --> 01:24:40.000]  And so it's got me a little bit scared.
[01:24:40.000 --> 01:24:41.000]  I know that's right.
[01:24:41.000 --> 01:24:45.000]  I know that it's applied in some instances.
[01:24:45.000 --> 01:24:52.000]  But in others, they are adamant about saying that in some instances,
[01:24:52.000 --> 01:24:56.000]  issues should have been dealt with by the appeals court, et cetera.
[01:24:56.000 --> 01:25:01.000]  So I think what I'm going to do is I'm probably going to make a motion to reopen.
[01:25:01.000 --> 01:25:03.000]  I'm just going to unload everything I've got.
[01:25:03.000 --> 01:25:08.000]  I'll probably have written it all before I put it in front of this attorney
[01:25:08.000 --> 01:25:11.000]  and ask him to jazz it up if he's got anything to do.
[01:25:11.000 --> 01:25:14.000]  But I'm ready to do it.
[01:25:14.000 --> 01:25:20.000]  And anyway, the point I was getting at is if anyone has any further information
[01:25:20.000 --> 01:25:23.000]  on the writ of mandamus or writ of certiorari,
[01:25:23.000 --> 01:25:28.000]  many of the attorneys I reached out to trying to find out if they could help me,
[01:25:28.000 --> 01:25:30.000]  many of them just said they know nothing about it.
[01:25:30.000 --> 01:25:31.000]  They've never done it.
[01:25:31.000 --> 01:25:37.000]  Maybe it's not in fashion to tell the judge that he's wrong in some official document.
[01:25:37.000 --> 01:25:41.000]  Certiorari is always just an appeal to the Supreme Court.
[01:25:41.000 --> 01:25:42.000]  Okay.
[01:25:42.000 --> 01:25:44.000]  So it would follow the mandamus, I'm guessing.
[01:25:44.000 --> 01:25:53.000]  So yeah, the mandamus now is strictly asking a judge to give a mandate to a lower court.
[01:25:53.000 --> 01:25:59.000]  And generally, it's to order the lower court to do what the law requires them to do.
[01:25:59.000 --> 01:26:03.000]  But in your case, it was related to appeal.
[01:26:03.000 --> 01:26:08.000]  About the only thing I see that goes to mandamus is subject matter jurisdiction challenge.
[01:26:08.000 --> 01:26:13.000]  But then that is kind of the primary basis of your suit
[01:26:13.000 --> 01:26:19.000]  is they don't have any standing to invoke subject matter jurisdiction in the court.
[01:26:19.000 --> 01:26:22.000]  But I will check my email.
[01:26:22.000 --> 01:26:26.000]  I know Mark sent me something or he was going to send me something.
[01:26:26.000 --> 01:26:29.000]  He did send me an email about that issue.
[01:26:29.000 --> 01:26:37.000]  And I will forward his email or send me an email and I'll forward it to Mark.
[01:26:37.000 --> 01:26:38.000]  Okay, I will.
[01:26:38.000 --> 01:26:40.000]  I'm just reaching out to him.
[01:26:40.000 --> 01:26:42.000]  I'm welcoming of anyone's wisdom.
[01:26:42.000 --> 01:26:43.000]  I'm not an attorney.
[01:26:43.000 --> 01:26:48.000]  I'm a guy that's sometimes too smart for his own good and way too ignorant.
[01:26:48.000 --> 01:26:54.000]  And as far as the situation goes here, I'm really, really at a little bit...
[01:26:54.000 --> 01:27:00.000]  My problem is I never was very smart about how ignorant I am.
[01:27:00.000 --> 01:27:06.000]  So I wind up always thinking I'm smarter than I am.
[01:27:06.000 --> 01:27:10.000]  Well, you've clearly gained from your knowledge.
[01:27:10.000 --> 01:27:14.000]  It might have taken you a while, but hey, I don't feel that way.
[01:27:14.000 --> 01:27:22.000]  Just in this last two months, I really took a beating on thinking I was smarter than I am.
[01:27:22.000 --> 01:27:30.000]  About the time you think you got it down, life has a way of reminding you you don't know squat.
[01:27:30.000 --> 01:27:32.000]  No kidding.
[01:27:32.000 --> 01:27:37.000]  Well, I mean, I guess in those instances, it's like you've got to let go of your ego.
[01:27:37.000 --> 01:27:41.000]  But to hold on to yourself, you've got to realize that your intentions were always good.
[01:27:41.000 --> 01:27:44.000]  And I'm pretty sure that's true with you.
[01:27:44.000 --> 01:27:48.000]  Oh, this one just really drugged my nose in the dirt.
[01:27:48.000 --> 01:27:51.000]  I'm not accustomed to failing this badly.
[01:27:51.000 --> 01:27:52.000]  So it was good for me.
[01:27:52.000 --> 01:27:55.000]  I knew that on occasion.
[01:27:55.000 --> 01:27:58.000]  Oh, well, I would have...
[01:27:58.000 --> 01:28:05.000]  I've definitely failed quite a bit with respect to this whole case, but I'm still there.
[01:28:05.000 --> 01:28:11.000]  And I want to definitely say if anyone's listening, if anyone is in pain and jeopardy,
[01:28:11.000 --> 01:28:13.000]  you need to go and look at the FDCPA.
[01:28:13.000 --> 01:28:15.000]  It is beautiful.
[01:28:15.000 --> 01:28:20.000]  As I had used the word fraud, I think it was either with you or it was with Jeff
[01:28:20.000 --> 01:28:23.000]  who calls in sometimes, that I had said the word fraud.
[01:28:23.000 --> 01:28:25.000]  He said, I would suggest...
[01:28:25.000 --> 01:28:26.000]  I think it was him.
[01:28:26.000 --> 01:28:29.000]  He says, I would suggest that you don't use the word fraud.
[01:28:29.000 --> 01:28:33.000]  You need to use the term false and misleading.
[01:28:33.000 --> 01:28:39.000]  And in the end, you know, fraud is fraud, but you have to show it and have to prove it
[01:28:39.000 --> 01:28:42.000]  as I know I can or when I know I can.
[01:28:42.000 --> 01:28:45.000]  Then I'll definitely get to it.
[01:28:45.000 --> 01:28:49.000]  You know, like as you were talking about the fraud relative to the HUD-1 settlement statement,
[01:28:49.000 --> 01:28:51.000]  the Truth of Lending Act issues stuff.
[01:28:51.000 --> 01:28:57.000]  I know I've got that stuff, but I'm just digging in on that stuff tomorrow
[01:28:57.000 --> 01:29:02.000]  and trying to make sure that whenever I do have an attorney in the near future
[01:29:02.000 --> 01:29:09.000]  who might help me with this in some way so that it helps me move in and get it done,
[01:29:09.000 --> 01:29:14.000]  I'll make sure that he knows what that is doing.
[01:29:14.000 --> 01:29:17.000]  Anyway, I'm sorry I've had a hard time articulating questions.
[01:29:17.000 --> 01:29:19.000]  If you want to do anything, you can share.
[01:29:19.000 --> 01:29:23.000]  But more or less, I wanted a little more info on the writ of mandamus
[01:29:23.000 --> 01:29:25.000]  as Mark in Wisconsin can share.
[01:29:25.000 --> 01:29:29.000]  And I appreciate you being the intermediary there.
[01:29:29.000 --> 01:29:32.000]  And Ms. FDCPA's stuff looks good.
[01:29:32.000 --> 01:29:34.000]  Appreciate everything you've always done.
[01:29:34.000 --> 01:29:40.000]  I really like what you said about the FDCPA because I tell people to read these codes
[01:29:40.000 --> 01:29:45.000]  and I tell them that it will read like a comic book
[01:29:45.000 --> 01:29:50.000]  because you'll read it and you'll get tickled at all the stuff you can do.
[01:29:50.000 --> 01:29:52.000]  Yeah, it is that way.
[01:29:52.000 --> 01:29:55.000]  It is so easy and it's so clear.
[01:29:55.000 --> 01:29:58.000]  I love this document.
[01:29:58.000 --> 01:30:02.000]  The Truth of Lending is...
[01:30:02.000 --> 01:30:06.000]  Let Samaritans help out others without expecting a reward.
[01:30:06.000 --> 01:30:10.000]  But what do you call a guy who helps out this same total stranger twice?
[01:30:10.000 --> 01:30:14.000]  I'm Dr. Catherine Albrecht, back with the tale of the double do-gooder
[01:30:14.000 --> 01:30:16.000]  Rape Samaritan, next.
[01:30:45.000 --> 01:30:49.000]  An Ohio man named Gerald Grunowski has had a few close calls.
[01:30:49.000 --> 01:30:54.000]  Twice, he got help from a good Samaritan who was in the right place at the right time.
[01:30:54.000 --> 01:30:58.000]  Recently, he was changing a flat tire when a helpful man named Christopher Minacci
[01:30:58.000 --> 01:30:59.000]  pulled over to help.
[01:30:59.000 --> 01:31:03.000]  While the men worked out of nowhere, a drunk driver careened towards them
[01:31:03.000 --> 01:31:08.000]  but crashed into Minacci's parked car instead, saving Grunowski's life.
[01:31:08.000 --> 01:31:12.000]  As Grunowski helped the thankful stranger, he told him of another time
[01:31:12.000 --> 01:31:15.000]  a guy helped him remove a triple fish hook from his hand.
[01:31:15.000 --> 01:31:18.000]  Minacci smiled and said, that was me, too.
[01:31:18.000 --> 01:31:22.000]  Good Samaritan? He sounds more like a guardian angel.
[01:31:22.000 --> 01:31:27.000]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[01:31:31.000 --> 01:31:36.000]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:36.000 --> 01:31:38.000]  The government says that fire brought it down.
[01:31:38.000 --> 01:31:43.000]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[01:31:43.000 --> 01:31:46.000]  Over 6,000 of my fellow service members have given their lives.
[01:31:46.000 --> 01:31:49.000]  Thousands of my fellow first responders are dying.
[01:31:49.000 --> 01:31:50.000]  I'm not a conspiracy theorist.
[01:31:50.000 --> 01:31:51.000]  I'm a structural engineer.
[01:31:51.000 --> 01:31:52.000]  I'm a New York City correction officer.
[01:31:52.000 --> 01:31:53.000]  I'm an Air Force pilot.
[01:31:53.000 --> 01:31:55.000]  I'm a father who lost his son.
[01:31:55.000 --> 01:31:58.000]  We're Americans and we deserve the truth.
[01:31:58.000 --> 01:32:01.000]  Go to RememberBuilding7.org today.
[01:32:01.000 --> 01:32:03.000]  Hey, it's Danny here for Hill Country Home Improvements.
[01:32:03.000 --> 01:32:06.000]  Did your home receive hail or wind damage from the recent storms?
[01:32:06.000 --> 01:32:09.000]  Come on, we all know the government caused it with their chemtrails,
[01:32:09.000 --> 01:32:11.000]  but good luck getting them to pay for it.
[01:32:11.000 --> 01:32:14.000]  Okay, I might be kidding about the chemtrails, but I'm serious about your roof.
[01:32:14.000 --> 01:32:16.000]  That's why you have insurance,
[01:32:16.000 --> 01:32:21.000]  and Hill Country Home Improvements can handle the claim for you with little to no out-of-pocket expense.
[01:32:21.000 --> 01:32:27.000]  And we accept Bitcoin as a multi-year A-plus member of the Better Business Bureau with zero complaints.
[01:32:27.000 --> 01:32:32.000]  You can trust Hill Country Home Improvements to handle your claim and your roof right the first time.
[01:32:32.000 --> 01:32:38.000]  Just call 512-992-8745 or go to hillcountryhomeimprovements.com.
[01:32:38.000 --> 01:32:41.000]  Mention the crypto show and get $100 off,
[01:32:41.000 --> 01:32:45.000]  and we'll donate another $100 to the Logos Radio Network to help continue this programming.
[01:32:45.000 --> 01:32:50.000]  So if those out-of-town roofers come knocking, your door should be locking.
[01:32:50.000 --> 01:32:56.000]  That's 512-992-8745 or hillcountryhomeimprovements.com.
[01:32:56.000 --> 01:32:59.000]  Discounts are based on full roof replacement.
[01:32:59.000 --> 01:33:02.000]  That may not actually be kidding about chemtrails.
[01:33:02.000 --> 01:33:05.000]  You are listening to the Logos Radio Network,
[01:33:05.000 --> 01:33:12.000]  logosradionetwork.com.
[01:33:12.000 --> 01:33:29.000]  We are back, Randy Kelton, Google Radio, talking Mark in Texas.
[01:33:29.000 --> 01:33:36.000]  I enjoy reading those because lawyers seem not to read them.
[01:33:36.000 --> 01:33:40.000]  I almost never come across a lawyer who knows the code.
[01:33:40.000 --> 01:33:44.000]  Even the coaches working with it don't know them.
[01:33:44.000 --> 01:33:49.000]  Well, I can understand in some instances, but this is so incredibly clear.
[01:33:49.000 --> 01:33:52.000]  You just really can't mistake much of it.
[01:33:52.000 --> 01:34:00.000]  I was just reading this part of it maybe about 10 minutes ago about furnishing certain deceptive forms,
[01:34:00.000 --> 01:34:03.000]  and I'm thinking that the dunning letters that I'm getting every month,
[01:34:03.000 --> 01:34:09.000]  especially since I have an assignment that essentially came from a company out of business,
[01:34:09.000 --> 01:34:13.000]  and it has to be fraudulent in that instance or false and misleading,
[01:34:13.000 --> 01:34:16.000]  I'm thinking that's a violation right there.
[01:34:16.000 --> 01:34:19.000]  In fact, here's the question.
[01:34:19.000 --> 01:34:21.000]  This was what I wanted to ask you.
[01:34:21.000 --> 01:34:27.000]  If I get a dunning letter from a servicer on the 20th of this month,
[01:34:27.000 --> 01:34:30.000]  that's certainly within the one-year statute of limitations,
[01:34:30.000 --> 01:34:33.000]  and it would be something I might take some action on,
[01:34:33.000 --> 01:34:38.000]  and then I could do it for all of the other letters over the last 12 months conceivably.
[01:34:38.000 --> 01:34:45.000]  Well, do you have a HUD-1 settlement statement on this law?
[01:34:45.000 --> 01:34:49.000]  You know, I don't think I ever got one.
[01:34:49.000 --> 01:34:52.000]  I don't think I have a HUD-1 settlement statement.
[01:34:52.000 --> 01:34:55.000]  Do I have a HUD-1 settlement statement?
[01:34:55.000 --> 01:34:58.000]  Yeah, I do have one actually, yes.
[01:34:58.000 --> 01:35:08.000]  You might consider doing a not-ice-just-for-yucks RODASH fee sued against them.
[01:35:08.000 --> 01:35:10.000]  RODASH fee?
[01:35:10.000 --> 01:35:12.000]  Yes, RODASH.
[01:35:12.000 --> 01:35:14.000]  That's a Florida case.
[01:35:14.000 --> 01:35:21.000]  They sued claiming $50 in false fees,
[01:35:21.000 --> 01:35:26.000]  and well, that's what the opinion referenced.
[01:35:26.000 --> 01:35:28.000]  They probably sued for a lot more than that,
[01:35:28.000 --> 01:35:30.000]  but that's what the opinion granted them.
[01:35:30.000 --> 01:35:34.000]  But these went to false fees on the HUD-1 settlement statement.
[01:35:34.000 --> 01:35:41.000]  We have helped over 600 people file federal lawsuits with these claims in there,
[01:35:41.000 --> 01:35:44.000]  and man, when you put those claims in there,
[01:35:44.000 --> 01:35:48.000]  they do everything they can to never, ever get to discovery,
[01:35:48.000 --> 01:35:51.000]  never get past Rule 12.
[01:35:51.000 --> 01:35:54.000]  They fight like tigers.
[01:35:54.000 --> 01:35:59.000]  We have never, ever had a bank prove up a single fee.
[01:35:59.000 --> 01:36:00.000]  Right.
[01:36:00.000 --> 01:36:01.000]  This scares them.
[01:36:01.000 --> 01:36:07.000]  I have had people who had been brokers and they were in foreclosure,
[01:36:07.000 --> 01:36:09.000]  and when I mention these false fees, they say,
[01:36:09.000 --> 01:36:15.000]  don't you dare put that in there, because they know.
[01:36:15.000 --> 01:36:20.000]  They've done the same thing, and they're afraid to come back on them.
[01:36:20.000 --> 01:36:22.000]  Oh, I get it.
[01:36:22.000 --> 01:36:26.000]  Every one of these has false fees in it, and they all know it.
[01:36:26.000 --> 01:36:31.000]  It's just become a part of the industry.
[01:36:31.000 --> 01:36:36.000]  If they want to make a little more profit, they just stick a fee on there,
[01:36:36.000 --> 01:36:41.000]  and for the most part, nobody comes back and challenges them.
[01:36:41.000 --> 01:36:45.000]  So you might look at that.
[01:36:45.000 --> 01:36:46.000]  Wait a minute.
[01:36:46.000 --> 01:36:55.000]  On your case, have they already foreclosed or they're trying to foreclose?
[01:36:55.000 --> 01:36:57.000]  Well, this is the next thing I wanted to ask.
[01:36:57.000 --> 01:37:01.000]  There's a judgment that was entered on June 22,
[01:37:01.000 --> 01:37:05.000]  so I missed the 30-day window to appeal that,
[01:37:05.000 --> 01:37:08.000]  but I have 90 days to make a motion to reopen,
[01:37:08.000 --> 01:37:12.000]  and I'm somewhat familiar with that because they made a motion to reopen their case
[01:37:12.000 --> 01:37:18.000]  saying there had been a miscarriage of justice after I had the judge sign my summary judgment
[01:37:18.000 --> 01:37:21.000]  for this case having been filed past statute of limitations.
[01:37:21.000 --> 01:37:23.000]  No one opposed that at all.
[01:37:23.000 --> 01:37:28.000]  No one responded to it, and anyway, it was kind of odd,
[01:37:28.000 --> 01:37:34.000]  but I'm coming up on that time, around the 20th, I guess, of this month, the 20th, 22nd,
[01:37:34.000 --> 01:37:41.000]  and they have a sale date this month, the 23rd,
[01:37:41.000 --> 01:37:44.000]  and I wanted to ask you what the...
[01:37:44.000 --> 01:37:47.000]  I'm sorry, next month, September,
[01:37:47.000 --> 01:37:54.000]  but I wanted to ask you is that something where I need to try to seek some kind of injunction,
[01:37:54.000 --> 01:38:03.000]  or what typically does one do if they are not finished with the judicial process?
[01:38:03.000 --> 01:38:06.000]  Motion for restraining order.
[01:38:06.000 --> 01:38:08.000]  Okay.
[01:38:08.000 --> 01:38:12.000]  And if you'll send me an email asking for it,
[01:38:12.000 --> 01:38:17.000]  I will send you an example of some that we had made up.
[01:38:17.000 --> 01:38:18.000]  All right.
[01:38:18.000 --> 01:38:23.000]  Well, I would figure I probably need to do that as soon as possible since there's a sale date set,
[01:38:23.000 --> 01:38:28.000]  and then just note that I intend to make a motion to reopen,
[01:38:28.000 --> 01:38:34.000]  and I will do this at a later date, but before the deadline, something to that effect.
[01:38:34.000 --> 01:38:35.000]  Is that appropriate?
[01:38:35.000 --> 01:38:37.000]  That's appropriate.
[01:38:37.000 --> 01:38:42.000]  And it's a very good chance that they will delay the sale date.
[01:38:42.000 --> 01:38:52.000]  Just when you give them notice, they'll probably delay it without the judicial process,
[01:38:52.000 --> 01:38:58.000]  because the last thing they want to do is sell the property and then have to un-sell.
[01:38:58.000 --> 01:38:59.000]  Makes sense to me.
[01:38:59.000 --> 01:39:04.000]  It makes sense to every reasonable human being, although we know they don't always do that, I'm guessing.
[01:39:04.000 --> 01:39:05.000]  That's true.
[01:39:05.000 --> 01:39:14.000]  They told me that they wanted to work out a non-digital solution because litigation was really expensive,
[01:39:14.000 --> 01:39:16.000]  but they didn't really want to do that.
[01:39:16.000 --> 01:39:25.000]  I gave them the forms early on in this process for a deed in lieu of foreclosure, the things they asked for.
[01:39:25.000 --> 01:39:31.000]  I never admitted the debt or whatever, but I gave them the information that they wanted,
[01:39:31.000 --> 01:39:36.000]  and they didn't really want me to do that, I think, which is odd.
[01:39:36.000 --> 01:39:40.000]  But as far as it all goes, I gave them everything.
[01:39:40.000 --> 01:39:47.000]  And then they didn't end up processing it, and they say the reason they didn't do it is that there were liens on the property.
[01:39:47.000 --> 01:39:52.000]  And it turns out there are other documents in the county record relative to the property,
[01:39:52.000 --> 01:39:56.000]  but there really aren't other liens on the property.
[01:39:56.000 --> 01:40:01.000]  They're just too stupid to go and look, too lazy, too uninterested.
[01:40:01.000 --> 01:40:05.000]  This perhaps illustrates what's really going on.
[01:40:05.000 --> 01:40:08.000]  They're never really interested in doing that in the first place.
[01:40:08.000 --> 01:40:12.000]  And at least I suspect that's true most of the time.
[01:40:12.000 --> 01:40:17.000]  As you talk about bringing them to the table, they're not coming to the table unless they're scared of something.
[01:40:17.000 --> 01:40:22.000]  And that brings me to another thing I wanted to ask you about.
[01:40:22.000 --> 01:40:32.000]  I had spoken to someone recently, and I said it's my understanding that I could probably file a motion for quiet title
[01:40:32.000 --> 01:40:35.000]  so long as I have possession of the property.
[01:40:35.000 --> 01:40:39.000]  So prior to this sale date, I'm feeling like maybe I need to hurry up with that.
[01:40:39.000 --> 01:40:42.000]  Others have said that's not really going to get you anywhere.
[01:40:42.000 --> 01:40:47.000]  But then it was suggested that you may not need a full-blown quiet title,
[01:40:47.000 --> 01:40:54.000]  but maybe you have something relative to a slander of title or something that's relative that achieves the same result.
[01:40:54.000 --> 01:40:58.000]  I wanted to ask you if you had any thoughts on that, considering there's a sale date here.
[01:40:58.000 --> 01:41:01.000]  I know I definitely should look for the restraining order.
[01:41:01.000 --> 01:41:08.000]  But is that a practical thing here, since per my assignment I have a dead man and MERS,
[01:41:08.000 --> 01:41:14.000]  and then the servicer signing as though they're not even a MERS employee, they're just signing it.
[01:41:14.000 --> 01:41:20.000]  But the issue you'd have to deal with is res judicata.
[01:41:20.000 --> 01:41:23.000]  It's what's already been adjudicated in the court.
[01:41:23.000 --> 01:41:32.000]  If you raise these issues in a court and had them ruled against you, you can't re-raise them.
[01:41:32.000 --> 01:41:35.000]  This is an interesting thing.
[01:41:35.000 --> 01:41:37.000]  Let me make a suggestion.
[01:41:37.000 --> 01:41:40.000]  This was all in the state court?
[01:41:40.000 --> 01:41:42.000]  It's all in the state court.
[01:41:42.000 --> 01:41:44.000]  It's the circuit court.
[01:41:44.000 --> 01:41:49.000]  You might consider taking them to the Fed?
[01:41:49.000 --> 01:41:52.000]  For the full quiet title?
[01:41:52.000 --> 01:41:53.000]  What do you mean?
[01:41:53.000 --> 01:41:56.000]  The FDCPA.
[01:41:56.000 --> 01:42:02.000]  Once you've got them back in the Fed, then you can look for more issues that you can bring in the Fed court.
[01:42:02.000 --> 01:42:06.000]  But you can use the FDCPA to bring them in.
[01:42:06.000 --> 01:42:11.000]  Now that I want to ask you about then, because I've never done this before.
[01:42:11.000 --> 01:42:14.000]  I should file an FDCPA lawsuit.
[01:42:14.000 --> 01:42:15.000]  It's not a counterclaim.
[01:42:15.000 --> 01:42:17.000]  It's simply relative to FDCPA.
[01:42:17.000 --> 01:42:20.000]  And it would be relevant to this case?
[01:42:20.000 --> 01:42:22.000]  And I could mention it in this case?
[01:42:22.000 --> 01:42:26.000]  It would create a less pendence in this case.
[01:42:26.000 --> 01:42:27.000]  No, not in this case.
[01:42:27.000 --> 01:42:35.000]  It would create a less pendence as concerns the property and put the brakes on a proposal.
[01:42:35.000 --> 01:42:36.000]  Ah, okay.
[01:42:36.000 --> 01:42:40.000]  So I need to file this FDCPA suit quick.
[01:42:40.000 --> 01:42:42.000]  I've heard that these settle pretty quick.
[01:42:42.000 --> 01:42:43.000]  Jeff says that.
[01:42:43.000 --> 01:42:48.000]  And if they do, I stand to win some money.
[01:42:48.000 --> 01:42:52.000]  They've run my credit during this process on three credit reports.
[01:42:52.000 --> 01:42:54.000]  I heard that just the other day.
[01:42:54.000 --> 01:42:57.000]  Oh, they did run your credit?
[01:42:57.000 --> 01:42:58.000]  They did.
[01:42:58.000 --> 01:42:59.000]  I did.
[01:42:59.000 --> 01:43:01.000]  That's a felony.
[01:43:01.000 --> 01:43:04.000]  Oh, it makes me happy.
[01:43:04.000 --> 01:43:11.000]  But it's just like we were talking about the aggravated perjury that the attorneys had committed.
[01:43:11.000 --> 01:43:14.000]  I get different messages from different people.
[01:43:14.000 --> 01:43:18.000]  I certainly love your messages most because you're the person who would say,
[01:43:18.000 --> 01:43:21.000]  hey, you need to suck it to these people.
[01:43:21.000 --> 01:43:22.000]  And I think everyone should.
[01:43:22.000 --> 01:43:27.000]  Some have said to me, if this attorney is not your attorney,
[01:43:27.000 --> 01:43:30.000]  then you're not able to sue them for malpractice.
[01:43:30.000 --> 01:43:35.000]  And I'm wondering about that.
[01:43:35.000 --> 01:43:37.000]  That is not true.
[01:43:37.000 --> 01:43:38.000]  Okay.
[01:43:38.000 --> 01:43:40.000]  I like the sound of that.
[01:43:40.000 --> 01:43:45.000]  Can I sue them for malpractice even if they're not your attorney?
[01:43:45.000 --> 01:43:46.000]  Yeah.
[01:43:46.000 --> 01:43:48.000]  But you don't have to call it malpractice.
[01:43:48.000 --> 01:43:50.000]  You just sue them for the harm they cause.
[01:43:50.000 --> 01:43:52.000]  You sue them directly.
[01:43:52.000 --> 01:43:56.000]  Hope you have immunity when you're properly, hold on, about to go break.
[01:43:56.000 --> 01:44:00.000]  Radio, we'll be right back.
[01:44:00.000 --> 01:44:04.000]  You feel tired when talking about important topics like money and politics?
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[01:46:23.000 --> 01:46:27.000]  Okay.
[01:46:27.000 --> 01:46:28.000]  We are back.
[01:46:28.000 --> 01:46:30.000]  Randy Kelton, Rule of Law Radio.
[01:46:30.000 --> 01:46:33.000]  We're talking about the Texas.
[01:46:33.000 --> 01:46:41.000]  And the reason I mentioned the federal suit, because that'll get you a less pindex and should stop the foreclosure.
[01:46:41.000 --> 01:46:42.000]  Ah, nice.
[01:46:42.000 --> 01:46:43.000]  Okay.
[01:46:43.000 --> 01:46:55.000]  Well, so for a little clarity, I cannot bring FDCPA actions against them past the one-year statute of limitations.
[01:46:55.000 --> 01:47:02.000]  But I can do this, I guess, relative to the dunning letters that I've gotten over the last year.
[01:47:02.000 --> 01:47:06.000]  And as far as this goes, this is beautiful.
[01:47:06.000 --> 01:47:16.000]  When you look at FDCPA 813, it says, except as otherwise provided by this section, any debt collector who fails to comply with any provision of this title
[01:47:16.000 --> 01:47:26.000]  with respect to the person is liable to the person for any actual damage sustained by such person as a result of such failure.
[01:47:26.000 --> 01:47:37.000]  I would say that very well seems to me that they're liable to me for the judgment for the $200,000 that they were awarded.
[01:47:37.000 --> 01:47:46.000]  And then $1,000 a pop for actual instances over the last year where they have done this.
[01:47:46.000 --> 01:47:50.000]  That would make a nice calculation.
[01:47:50.000 --> 01:47:52.000]  Oh, yeah, it sure will.
[01:47:52.000 --> 01:48:02.000]  But and if I were to win this FDCPA suit, which I should if everybody's paying attention and had their coffee that day,
[01:48:02.000 --> 01:48:13.000]  not like the judge in my case, but if I win that and then I go back and I have a counter suit, do I win that again?
[01:48:13.000 --> 01:48:15.000]  Can I win it twice?
[01:48:15.000 --> 01:48:18.000]  Can I win it twin treble damages in state court?
[01:48:18.000 --> 01:48:26.000]  No, you won't be able to win it a second time, but you may be able to take other issues back to the state court.
[01:48:26.000 --> 01:48:28.000]  Got it.
[01:48:28.000 --> 01:48:33.000]  Well, like, you know, attorney malpractice, there's a thing.
[01:48:33.000 --> 01:48:46.000]  If I sue for malpractice, I'm definitely going to need, I assume, a really rock solid attorney or some kind of awesome intercessor who knows his stuff.
[01:48:46.000 --> 01:48:48.000]  I don't think you can do that in Arkansas.
[01:48:48.000 --> 01:48:50.000]  Otherwise, I'd love to do it.
[01:48:50.000 --> 01:48:58.000]  But as far as it all goes, if I sue them because they have absolutely made statements themselves probably,
[01:48:58.000 --> 01:49:02.000]  or they have just stood by while their clients made statements,
[01:49:02.000 --> 01:49:07.000]  which were completely at odds with other statements that their clients have made,
[01:49:07.000 --> 01:49:12.000]  and it's just clear and obvious, you know, perjury under those circumstances,
[01:49:12.000 --> 01:49:17.000]  they're in big trouble because that has caused me great harm in this case.
[01:49:17.000 --> 01:49:20.000]  And am I due damages or are they just...
[01:49:20.000 --> 01:49:23.000]  Absolutely, you're due damages.
[01:49:23.000 --> 01:49:30.000]  And if they stood by while their client perjured themselves, that's the born-in perjury.
[01:49:30.000 --> 01:49:32.000]  Oh, they did.
[01:49:32.000 --> 01:49:34.000]  They're not allowed to testify, as we all know.
[01:49:34.000 --> 01:49:37.000]  But I think they pretty much did.
[01:49:37.000 --> 01:49:42.000]  In the hearing, the plaintiff's attorney, there was no one representing the plaintiff there,
[01:49:42.000 --> 01:49:45.000]  just the dragon lady attorney there.
[01:49:45.000 --> 01:49:48.000]  And she basically had said to the judge,
[01:49:48.000 --> 01:49:58.000]  I believe it's in the amount of $25 extra per day and whatever, and no accounting whatsoever.
[01:49:58.000 --> 01:50:01.000]  It's a ridiculous joke.
[01:50:01.000 --> 01:50:06.000]  And if people don't object to it, they're just going to get steamrolled by morons.
[01:50:06.000 --> 01:50:08.000]  It's amazing.
[01:50:08.000 --> 01:50:11.000]  I did a pretty decent job in some instances.
[01:50:11.000 --> 01:50:15.000]  I think I screwed up in others because I was blindsided on that day.
[01:50:15.000 --> 01:50:18.000]  But I definitely felt good whenever her...
[01:50:18.000 --> 01:50:22.000]  I don't know what they were officially calling it, a record of payment,
[01:50:22.000 --> 01:50:26.000]  whenever she handed me that as I objected to it and didn't even begin to give it to the judge
[01:50:26.000 --> 01:50:29.000]  because she knew it was just a bunch of crap.
[01:50:29.000 --> 01:50:32.000]  And it was satisfying.
[01:50:32.000 --> 01:50:36.000]  It also essentially represents the reality of my case.
[01:50:36.000 --> 01:50:41.000]  In my case, I have a debt collector, not the original creditor in any way.
[01:50:41.000 --> 01:50:45.000]  And FTCPA makes a clear distinction between those things.
[01:50:45.000 --> 01:50:49.000]  I went and looked up that definition when I saw this and got excited.
[01:50:49.000 --> 01:50:52.000]  And it's totally on my side.
[01:50:52.000 --> 01:50:54.000]  Good.
[01:50:54.000 --> 01:50:57.000]  They may control the state court.
[01:50:57.000 --> 01:51:00.000]  They figured they got the state court in their pocket.
[01:51:00.000 --> 01:51:04.000]  Are you going to be that confident with the federal court?
[01:51:04.000 --> 01:51:06.000]  Yeah, that's kind of interesting.
[01:51:06.000 --> 01:51:11.000]  I've run across lawyers that I think were respectable, honest, straight shooter guys in the state of Arkansas
[01:51:11.000 --> 01:51:15.000]  who told me, I'm not going to take anything to the state court.
[01:51:15.000 --> 01:51:20.000]  If you want to do it in federal, if there's something you can take to federal, then I've got it.
[01:51:20.000 --> 01:51:23.000]  And I wondered about that.
[01:51:23.000 --> 01:51:25.000]  Now I have a little more insight.
[01:51:25.000 --> 01:51:36.000]  Question, if I sue both, in fact, of the attorneys and their respective firms, I guess, for perjury in this case,
[01:51:36.000 --> 01:51:39.000]  then under those circumstances...
[01:51:39.000 --> 01:51:43.000]  Let me suggest, don't call who you're suing malpractice.
[01:51:43.000 --> 01:51:47.000]  Just sue them for perjury or suborning perjury.
[01:51:47.000 --> 01:51:51.000]  Just sue them for the torts they committed against you.
[01:51:51.000 --> 01:51:53.000]  Okay, got it.
[01:51:53.000 --> 01:51:58.000]  They want to call it malpractice, let them, but there's no reason for you to say malpractice.
[01:51:58.000 --> 01:52:01.000]  You just sue them for the harm they caused.
[01:52:01.000 --> 01:52:02.000]  Got it.
[01:52:02.000 --> 01:52:05.000]  If I say malpractice to a judge, it's going to make him cringe.
[01:52:05.000 --> 01:52:08.000]  If I say perjury, he goes, yeah, I know what to do about that.
[01:52:08.000 --> 01:52:11.000]  We'll just get those evil people.
[01:52:11.000 --> 01:52:13.000]  Is that what you mean, go sort it?
[01:52:13.000 --> 01:52:15.000]  Try to sort it.
[01:52:15.000 --> 01:52:20.000]  You're going to be subjecting yourself to prejudice using those words in front of people
[01:52:20.000 --> 01:52:23.000]  who are very sensitive to them, so don't do that.
[01:52:23.000 --> 01:52:24.000]  Exactly.
[01:52:24.000 --> 01:52:31.000]  But as far as the damages would be concerned, do we see treble damages in terms of the judgment
[01:52:31.000 --> 01:52:35.000]  that they've managed to secure by perjuring themselves
[01:52:35.000 --> 01:52:38.000]  or by allowing those statements to go right under the nose?
[01:52:38.000 --> 01:52:40.000]  What's appropriate there?
[01:52:40.000 --> 01:52:45.000]  Where they've committed fraud, where they've acted knowingly and wrongfully,
[01:52:45.000 --> 01:52:48.000]  then yes, you go for treble.
[01:52:48.000 --> 01:52:50.000]  That'll be great.
[01:52:50.000 --> 01:52:54.000]  I'm going to be a rich man, dude.
[01:52:54.000 --> 01:52:57.000]  It'd be nice.
[01:52:57.000 --> 01:53:01.000]  It would be nice considering how many people are getting kicked around
[01:53:01.000 --> 01:53:05.000]  and have absolutely no leg to stand on.
[01:53:05.000 --> 01:53:10.000]  In my case, it's crazy.
[01:53:10.000 --> 01:53:16.000]  I thought about as far as the writ of mandamus, where could it apply in the whole case?
[01:53:16.000 --> 01:53:23.000]  I thought, okay, the original complaint, it can apply to that because it says last payment made, 2007.
[01:53:23.000 --> 01:53:26.000]  They're responsible for having good records and proving their case.
[01:53:26.000 --> 01:53:29.000]  They filed it in 2013, six years later.
[01:53:29.000 --> 01:53:30.000]  Can't do that.
[01:53:30.000 --> 01:53:37.000]  Then interestingly, it's even more apparent, and there are no subsequent pleadings
[01:53:37.000 --> 01:53:43.000]  that might somehow refer back or diminish my case.
[01:53:43.000 --> 01:53:50.000]  When they made a motion to reopen, they literally just said the first state of acceleration was in 2010.
[01:53:50.000 --> 01:53:52.000]  Not true.
[01:53:52.000 --> 01:53:53.000]  Prove that.
[01:53:53.000 --> 01:53:56.000]  Then they cite that they have three exhibits included.
[01:53:56.000 --> 01:53:58.000]  None of the exhibits were included.
[01:53:58.000 --> 01:54:00.000]  Judge signed it within two days.
[01:54:00.000 --> 01:54:01.000]  There I am.
[01:54:01.000 --> 01:54:06.000]  That's something where the judge acted outside of statute.
[01:54:06.000 --> 01:54:10.000]  That could get a federal due process claim.
[01:54:10.000 --> 01:54:12.000]  Now, that would be interesting.
[01:54:12.000 --> 01:54:14.000]  That's a claim against the judge, right?
[01:54:14.000 --> 01:54:18.000]  Yes, actually against the state.
[01:54:18.000 --> 01:54:23.000]  You see the state of Arkansas in the federal court.
[01:54:23.000 --> 01:54:24.000]  Wow.
[01:54:24.000 --> 01:54:32.000]  This sounds huge, the federal due process claim.
[01:54:32.000 --> 01:54:33.000]  It makes sense.
[01:54:33.000 --> 01:54:35.000]  I'm denied due process.
[01:54:35.000 --> 01:54:45.000]  This judge is supposed to make sure that if he reopens this case, that there is a prima facie valid cause of action.
[01:54:45.000 --> 01:54:52.000]  Their cause of action, as stated, wouldn't have been valid if it was past the statute of limitations, I think.
[01:54:52.000 --> 01:54:58.000]  This is a case, that kind of claim, you might get a better read in the Fed.
[01:54:58.000 --> 01:55:00.000]  Yeah.
[01:55:00.000 --> 01:55:02.000]  I've got a guy that I've talked to.
[01:55:02.000 --> 01:55:03.000]  He went to Vanderbilt.
[01:55:03.000 --> 01:55:05.000]  He's pretty sharp.
[01:55:05.000 --> 01:55:13.000]  He's not an expert on this stuff, but if I just share with him what I know, I'll bet he's going to have a lot to add to it.
[01:55:13.000 --> 01:55:19.000]  I'm getting more excited all the time, but right now I know my next step.
[01:55:19.000 --> 01:55:29.000]  What I'm going to be doing in this next week is we're going to be looking at an absolute requirement of a motion for restraining order.
[01:55:29.000 --> 01:55:30.000]  We'll do that.
[01:55:30.000 --> 01:55:39.000]  Then I will put this FDCPA lawsuit together pronto and either do it myself or I'll get him to do it.
[01:55:39.000 --> 01:55:51.000]  I don't mind letting him have a little money now because in the end, if I don't end up getting it reopened, if I don't win, I'm going to win FDCPA.
[01:55:51.000 --> 01:55:58.000]  If it doesn't get reopened, I'm going to need him probably for either an appeal or the writ of mandamus.
[01:55:58.000 --> 01:56:03.000]  Both of which I think are going to be pretty expensive.
[01:56:03.000 --> 01:56:15.000]  I think you'll find in the end that just what you learn in your confidence in dealing with the system will be well worth what it costs you.
[01:56:15.000 --> 01:56:17.000]  Oh, no doubt.
[01:56:17.000 --> 01:56:34.000]  If I win, tell me if I'm dreaming because I'm still thinking, wow, per this FDCPA, if I read this clear plain language that's unusual in anything,
[01:56:34.000 --> 01:56:39.000]  it's pretty much saying there's been a judgment in my case.
[01:56:39.000 --> 01:56:45.000]  This judgment award has been somewhere in the near realm of $225,000.
[01:56:45.000 --> 01:56:56.000]  If I can show that there has been a violation here and that violation has resulted in that judgment, I'm due actual damages,
[01:56:56.000 --> 01:57:03.000]  and then I'm due an award for each and every instance within the statute of limitations that applies.
[01:57:03.000 --> 01:57:09.000]  I'm not 100% clear on this, but I'd be real curious to know what you think.
[01:57:09.000 --> 01:57:18.000]  The assignment, the document that they gave is a corporate assignment, which gives them their supposed standing to bring the lawsuit,
[01:57:18.000 --> 01:57:20.000]  which they would rely on for that.
[01:57:20.000 --> 01:57:28.000]  Whenever we had the hearing, they said or the plaintiff's attorney said, but I wasn't a party to that and I couldn't challenge that.
[01:57:28.000 --> 01:57:37.000]  I know they've done that in a lot of instances, but in this case, I didn't really make any argument as she said that.
[01:57:37.000 --> 01:57:42.000]  The judge is just nodding his head, but I didn't make the argument, so I know it's been made.
[01:57:42.000 --> 01:57:44.000]  It's on the record.
[01:57:44.000 --> 01:57:53.000]  That's all I have to do, but as far as it all goes, could I, if I make an FDCPA suit,
[01:57:53.000 --> 01:58:00.000]  can I make reference to things that are beyond the statute of limitations and have those have bearing on the case?
[01:58:00.000 --> 01:58:04.000]  Yes, in showing a pattern of misconduct.
[01:58:04.000 --> 01:58:06.000]  Okay, got it.
[01:58:06.000 --> 01:58:13.000]  You can't get awards for those, but you can use those in support of your claim of the pattern of misconduct.
[01:58:13.000 --> 01:58:15.000]  Okay.
[01:58:15.000 --> 01:58:17.000]  It will apply to my case in the end, too.
[01:58:17.000 --> 01:58:19.000]  That's good.
[01:58:19.000 --> 01:58:22.000]  Okay, I am sorry we are out of time.
[01:58:22.000 --> 01:58:25.000]  David, I'm sorry we didn't get to you.
[01:58:25.000 --> 01:58:27.000]  I think you have my home number.
[01:58:27.000 --> 01:58:28.000]  Give me a call.
[01:58:28.000 --> 01:58:29.000]  We'll talk tomorrow.
[01:58:29.000 --> 01:58:40.000]  This is Randy Teltin, The Rule of Law Radio. Thank you all for listening. We'll be back next week, Thursday at 8 to 10 and Friday 8 to midnight.
[01:58:40.000 --> 01:58:45.000]  Also listen to Eddie Craig on Mondays on his two-hour traffic show.
[01:58:45.000 --> 01:58:50.000]  Thank you all for listening and good night.
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