ROL_2015-09-11_16k_Hr1-2.timecode

[00:00.000 --> 00:08.000]  The following use flash is brought to you by the Lone Star Lowdown, providing the jelly
[00:08.000 --> 00:10.000]  bulletins for the commodity market.
[00:10.000 --> 00:23.000]  Today in history, news updates and the inside scoop into the tides of the alternatives.
[00:23.000 --> 00:29.000]  Markets for the 11th of September, 2013 opened up with gold at $1,110.50 an ounce.
[00:29.000 --> 00:31.000]  Silver, $14.69 an ounce.
[00:31.000 --> 00:34.000]  Texas crude, $45.92 a barrel.
[00:34.000 --> 00:44.000]  And Bitcoin is currently sitting at about $239 U.S. currency.
[00:44.000 --> 00:49.000]  Today in history, Tuesday, September 11, 2001, the World Trade Center complex in downtown
[00:49.000 --> 00:52.000]  Manhattan, New York is attacked by terrorists.
[00:52.000 --> 00:56.000]  19 Saudi hijackers managed to crash two commercial airlines into the World Trade Center Twin
[00:56.000 --> 01:01.000]  Towers, a third into the Pentagon, and the last fourth hijacked plane was debris scattered
[01:01.000 --> 01:04.000]  over miles near Shanksville, Pennsylvania.
[01:04.000 --> 01:09.000]  In total, 2,996 people lost their lives, including the hijackers.
[01:09.000 --> 01:14.000]  Over 220 senior military intelligence service members, law enforcement, government officials,
[01:14.000 --> 01:20.000]  1,500 engineers and architects, 250 pilots and aviation professionals, 400 professors,
[01:20.000 --> 01:26.000]  300 survivors and family members, 200 artists, entertainers and media professionals, and
[01:26.000 --> 01:31.000]  over 400 medical professionals have all come out and labeled these attacks as false flags.
[01:31.000 --> 01:37.000]  They are calling for a new investigation.
[01:37.000 --> 01:41.000]  In recent news, New York's Governor Andrew Cuomo's administration formally approved a
[01:41.000 --> 01:44.000]  $15 minimum wage for fast food employees yesterday.
[01:44.000 --> 01:48.000]  The state plans to gradually implement the mandate over a three-year period for New York
[01:48.000 --> 01:51.000]  City and a six-year period for the rest of the state.
[01:51.000 --> 01:55.000]  Republicans also held a hearing into the process behind the fast food wage increase, which
[01:55.000 --> 01:58.000]  some restaurant owners have said they may challenge in court.
[01:58.000 --> 02:02.000]  Franchise owners say that the increase singles them out and gives an unfair advantage to
[02:02.000 --> 02:03.000]  mom and pop competitors.
[02:03.000 --> 02:07.000]  They are warning that many franchises may be forced to raise prices or cut positions
[02:07.000 --> 02:10.000]  in order to absorb the higher mandated labor costs.
[02:10.000 --> 02:19.000]  The pay increase is expected to affect some 200,000 employees.
[02:19.000 --> 02:23.000]  White House Press Secretary Josh Earnest said in a briefing yesterday that while the administration
[02:23.000 --> 02:27.000]  was continuing to examine responses to refugee crisis, which has overwhelmed Europe in the
[02:27.000 --> 02:31.000]  recent days, the president has decided to raise the number of Syrian refugees admitted
[02:31.000 --> 02:36.000]  into the United States to at least 10,000 for the fiscal year beginning in October.
[02:36.000 --> 02:40.000]  Since the beginning of the conflict in Syria in 2011, the U.S. has taken in less than 1,500
[02:40.000 --> 02:41.000]  Syrian refugees.
[02:41.000 --> 02:45.000]  Officials have said that the U.S. may accept an additional 30,000 refugees from across
[02:45.000 --> 02:49.000]  the world next year, up from the current figure of 70,000.
[02:49.000 --> 02:55.000]  More than half of them are children, officials say.
[02:55.000 --> 03:09.000]  The U.S. is expected to increase the number of Syrian refugees admitted into the United
[03:09.000 --> 03:14.000]  States to at least 10,000.
[03:14.000 --> 03:29.000]  The U.S. is expected to increase the number of Syrian refugees admitted into the United
[03:29.000 --> 03:34.000]  States to at least 10,000.
[03:34.000 --> 03:44.000]  The U.S. is expected to increase the number of Syrian refugees admitted into the United
[03:44.000 --> 03:47.000]  States to at least 10,000.
[03:47.000 --> 03:55.000]  The U.S. is expected to increase the number of Syrian refugees admitted into the United
[03:55.000 --> 03:58.000]  States to at least 10,000.
[03:58.000 --> 04:08.000]  The U.S. is expected to increase the number of Syrian refugees admitted into the United
[04:08.000 --> 04:12.000]  States to at least 10,000.
[04:12.000 --> 04:19.000]  The U.S. is expected to increase the number of Syrian refugees admitted into the United
[04:19.000 --> 04:21.000]  States to at least 10,000.
[04:21.000 --> 04:26.360]  But then again, remember the Maine.
[04:26.360 --> 04:31.680]  Most of us are not old enough to actually remember the name, the Maine, and as old as
[04:31.680 --> 04:35.000]  I am, I'm not even old enough.
[04:35.000 --> 04:45.040]  But before the Spanish-American War, our government wanted to go to war with Spain to take Cuba.
[04:45.040 --> 04:50.480]  And the public wouldn't have anything to do with it.
[04:50.480 --> 04:59.960]  So as was evidenced in documentation released by President Reagan, documents that had been
[04:59.960 --> 05:08.720]  kept secret for nearly 100 years, or at the time it had been 70-something years, he released
[05:08.720 --> 05:17.760]  documents that indicated that it was an American ship that fired the torpedo that sunk the
[05:17.760 --> 05:22.560]  Maine and killed 1,300 of our Marines.
[05:22.560 --> 05:29.640]  And they did that for the express purpose of inflaming public opinion against the Spanish
[05:29.640 --> 05:39.000]  so that we could go to war against Spain, and that is exactly what happened.
[05:39.000 --> 05:51.120]  So that was 1,300 Marines our government murdered in order to, so that we could, so that our
[05:51.120 --> 05:55.360]  politicians could go to war to serve their political expediency.
[05:55.360 --> 06:09.240]  9-11 by comparison, relative to the population, was not as great a tragedy as the 1,300 Marines,
[06:09.240 --> 06:13.360]  because some 3,000 killed in 9-11.
[06:13.360 --> 06:19.440]  So this is not new, this is not unprecedented.
[06:19.440 --> 06:25.600]  I don't know if there's anyone who's paid attention who can believe our government, so
[06:25.600 --> 06:26.600]  I'm not going to go there.
[06:26.600 --> 06:29.600]  I'm going to go to something else.
[06:29.600 --> 06:38.000]  I have a friend who's taken over Truth Radio Network and he's trying to upgrade the technology,
[06:38.000 --> 06:45.400]  so I was doing a little research to find a way to upgrade his technology here at Radio.
[06:45.400 --> 06:53.160]  We have several computers going at one time, or Deborah does, to keep the network up and
[06:53.160 --> 06:54.160]  going.
[06:54.160 --> 07:02.960]  Well, Mr. Massey wasn't in a position to purchase that kind of hardware, so I was looking for
[07:02.960 --> 07:03.960]  some alternatives.
[07:03.960 --> 07:11.360]  And what I found was a virtual machine in the cloud.
[07:11.360 --> 07:19.480]  Now, three or four years ago, I researched into a virtual machine on the cloud because
[07:19.480 --> 07:25.520]  I had some sophisticated programs I was working with, and they would only run on my desktop.
[07:25.520 --> 07:33.360]  I couldn't get them to run on a server on the web, so I've been doing a couple of years
[07:33.360 --> 07:39.120]  trying to find a way to convert the output of these programs I'm using into a format
[07:39.120 --> 07:42.480]  that I could embed in a website.
[07:42.480 --> 07:44.480]  Gave me major headaches.
[07:44.480 --> 07:54.400]  Well, when I went back to researching, at the time I researched putting a virtual machine
[07:54.400 --> 08:01.320]  on a server, and that wasn't something they could do, but the cloud was coming online
[08:01.320 --> 08:07.600]  and there was indication that that kind of capability would be enabled by the cloud.
[08:07.600 --> 08:16.360]  Well, it has been enabled by the cloud, and frankly, it terrifies me.
[08:16.360 --> 08:24.480]  Anyone who's familiar with how the internet came about will realize that the internet
[08:24.480 --> 08:27.680]  is like something that is alive.
[08:27.680 --> 08:37.120]  It started out when the government realized that they had a number of different universities
[08:37.120 --> 08:43.080]  and defense contractors getting money from the government to do research, and they wound
[08:43.080 --> 08:45.640]  up doing redundant research.
[08:45.640 --> 08:52.040]  So they're paying for the same thing more than once, and they look for a solution.
[08:52.040 --> 08:59.480]  So computers were just really coming online at the time, and they went to their program
[08:59.480 --> 09:05.680]  and asked them if they could set up some kind of way to connect these computers together.
[09:05.680 --> 09:17.080]  They set up the Pentagon as a network hub, and universities and defense contractors would
[09:17.080 --> 09:26.880]  rent 1-800 trunk lines to feed data back and forth from the Pentagon to these researchers.
[09:26.880 --> 09:33.480]  Well, they had universities and they had defense contractors working on the same project, so
[09:33.480 --> 09:39.640]  they decided that was pretty cool, so they went in a line between the university and
[09:39.640 --> 09:42.240]  the defense contractor.
[09:42.240 --> 09:46.480]  And then others did the same thing, and the defense department came along and they saw
[09:46.480 --> 09:51.800]  what was going on and said, oh, Lord, guys, see, we don't have control of this anymore.
[09:51.800 --> 09:58.720]  You guys are sending secret information back and forth between yourselves, and we need
[09:58.720 --> 10:04.440]  all that to come through our hub, and the universities and the contractors told them,
[10:04.440 --> 10:05.440]  go scratch.
[10:05.440 --> 10:11.400]  We paid for those 800 lines, they're ours, you're everything set by us.
[10:11.400 --> 10:15.920]  And the Pentagon said, well, we'll pull our hub, and they told them, go ahead, we'll just
[10:15.920 --> 10:18.880]  route right around you.
[10:18.880 --> 10:24.120]  And that's essentially what happened, and then one university connected to another,
[10:24.120 --> 10:30.440]  a defense contractor connected to its suppliers and its suppliers to other suppliers, and
[10:30.440 --> 10:38.360]  this network just grew, and finally they needed lines across the ocean.
[10:38.360 --> 10:44.600]  Well, companies had dedicated lines that ran across the ocean.
[10:44.600 --> 10:48.880]  They didn't use them all the time, so they started making deals with one another.
[10:48.880 --> 10:54.640]  I tell you what, I'm going to take this line that I'm not using during this time period
[10:54.640 --> 11:00.960]  and I'm going to turn it over to this network so you guys can use it, if you turn your lines
[11:00.960 --> 11:04.520]  over to us in places where we don't have lines.
[11:04.520 --> 11:15.280]  So in the interest of efficiency, they started sharing resources, and this created something
[11:15.280 --> 11:20.240]  that we think of as alive, nobody owns it.
[11:20.240 --> 11:26.760]  It grows and adjusts and changes, you can go in and take a big section out and the rest
[11:26.760 --> 11:30.920]  of it will just route around it and keep going.
[11:30.920 --> 11:40.960]  Well, with virtual machines in the cloud, we take another giant step forward.
[11:40.960 --> 11:50.080]  Right now, most people are using servers, and servers tend to need more capacity than
[11:50.080 --> 11:59.520]  their normal usage, because they have peak usage that can be as much as 50% higher than
[11:59.520 --> 12:05.800]  normal usage, so they have to keep all of this hardware in place running all the time
[12:05.800 --> 12:07.600]  in case they get peak demand.
[12:07.600 --> 12:11.520]  Well, it's somewhat inefficient.
[12:11.520 --> 12:22.040]  So what the virtual machine in the cloud does is it takes the machine they would be running
[12:22.040 --> 12:25.120]  on the server and they move it up to the cloud.
[12:25.120 --> 12:34.360]  It's not really a physical machine, it's a virtual machine inside running in another
[12:34.360 --> 12:42.760]  physical machine somewhere, but these virtual machines, like the internet when it was originally
[12:42.760 --> 12:47.000]  created, they have access to one another.
[12:47.000 --> 12:49.040]  So they can allocate resources.
[12:49.040 --> 12:55.520]  So we have these servers here that have virtual machines on, and if they need more resources,
[12:55.520 --> 12:59.760]  they can contact another server and use part of their resources.
[12:59.760 --> 13:06.560]  So any one of the servers doesn't have to have so much redundant resources in case of
[13:06.560 --> 13:07.560]  peak usage.
[13:07.560 --> 13:12.640]  So this all makes sense, this is all so efficient.
[13:12.640 --> 13:21.720]  The problem is, the problem I see is when the internet came about, it was a lot more
[13:21.720 --> 13:22.720]  hands-on.
[13:22.720 --> 13:29.880]  We could route around, but we pretty much had to route around.
[13:29.880 --> 13:37.920]  These virtual machines in the cloud, they do this routing themselves.
[13:37.920 --> 13:47.840]  We're creating a neural net, we're creating a worldwide network that essentially has the
[13:47.840 --> 13:54.680]  capacity to run itself.
[13:54.680 --> 14:00.800]  I've talked about this privacy issue, we heard a lot of stuff about protecting our privacy
[14:00.800 --> 14:05.480]  and people want to be off the grid.
[14:05.480 --> 14:12.040]  And my opinion on that is, if this is something we should have dealt with 20 years ago, that
[14:12.040 --> 14:17.240]  horse is already out of that barn and we're not going to get it back.
[14:17.240 --> 14:26.680]  She is a juggernaut, and it's moving ahead toward efficiency and greater capability.
[14:26.680 --> 14:33.560]  We are developing these machines to do more and more of our workforce.
[14:33.560 --> 14:43.080]  And we have reached a point to where the machines are able to do things that even 20 years ago
[14:43.080 --> 14:47.360]  we never even imagined.
[14:47.360 --> 14:56.680]  A lot of people are concerned about some bad guys hiding in the woodwork.
[14:56.680 --> 15:02.040]  About this group that's trying to depopulate the United States because of some PhD thesis
[15:02.040 --> 15:09.880]  30 years ago that was based on flawed data and even more flawed premises.
[15:09.880 --> 15:20.920]  And we're always looking for some individual or entity that we can demonize beyond all
[15:20.920 --> 15:24.040]  rehabilitation and then rail at righteous indignation.
[15:24.040 --> 15:37.080]  My concern is, is the real problem, the real threat to all of us is not some evil characteristic
[15:37.080 --> 15:51.480]  of the human nature, but is the natural evolution of humans trying to make machines more efficient
[15:51.480 --> 16:01.200]  and more capable of handling more work for them in 5 to 10 years we'll be looking at
[16:01.200 --> 16:10.240]  a worldwide network of computers that while they may not be intelligent, they're likely
[16:10.240 --> 16:13.280]  to give the appearance of intelligence.
[16:13.280 --> 16:20.560]  I've developed a tool where I can extract an expert's entire expertise and then deliver
[16:20.560 --> 16:25.360]  it back in the form of a dynamic interactive questionnaire.
[16:25.360 --> 16:32.800]  So when I develop it on certain own legal issues, it will kick any living loyals behind
[16:32.800 --> 16:36.800]  and it does not have one ounce of intelligence.
[16:36.800 --> 17:00.640]  The question, where does connecting dots stop this thing we call intelligence again?
[17:00.640 --> 17:04.720]  Through advances in technology, our lives have greatly improved.
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[18:49.320 --> 18:58.600]  That's RuleOfLawRadio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop
[18:58.600 --> 18:59.600]  debt collectors next.
[18:59.600 --> 19:29.520]  You are listening to the Logos Radio Network, the LogosRadioNetwork.com.
[19:29.520 --> 19:45.280]  Okay.
[19:45.280 --> 19:46.280]  We are back.
[19:46.280 --> 19:51.040]  Randy Kelton, Rule of Law Radio, and when I was coming out, I turned on the phone lines
[19:51.040 --> 19:52.040]  except I hit the wrong button.
[19:52.040 --> 19:56.280]  I turned off the phone lines, but I hit the right button this time and turned on the phone
[19:56.280 --> 19:59.960]  lines, so phone lines are open.
[19:59.960 --> 20:05.320]  We take in your questions and I don't know if what I'm talking about makes sense, but
[20:05.320 --> 20:06.720]  it frightened me.
[20:06.720 --> 20:15.040]  What frightens me more than a bad guy out there are problems that we have when there
[20:15.040 --> 20:17.920]  are no bad guys.
[20:17.920 --> 20:23.480]  The same problem I see when I look at criminal justice system.
[20:23.480 --> 20:29.480]  There wasn't some bad guy who came in and screwed up the system.
[20:29.480 --> 20:40.640]  The system became screwed up when through a series of seemingly minor adjustments toward
[20:40.640 --> 20:50.600]  adjudicated expediency and administrative convenience, we made one little step outside
[20:50.600 --> 20:57.560]  the lines and another little step and another little step, and nobody ran anything up the
[20:57.560 --> 20:58.560]  flagpole.
[20:58.560 --> 21:03.960]  Nobody screamed and railed in righteous indignation, and all of a sudden we look around and we're
[21:03.960 --> 21:10.840]  in a country where the average conviction rate is 99.6 for all crimes across the board.
[21:10.840 --> 21:20.240]  We live in a country that has approximately 3% of the world's population, yet we house
[21:20.240 --> 21:27.680]  approximately 50% of the world's population of inmates, and this happened not because
[21:27.680 --> 21:31.760]  of any evil influence.
[21:31.760 --> 21:38.320]  It happened because we simply were not paying attention.
[21:38.320 --> 21:46.920]  We pretty well lost our ability to be anonymous because when the groundwork was being laid,
[21:46.920 --> 21:50.020]  we were not paying attention.
[21:50.020 --> 21:55.800]  We didn't pay attention until all of a sudden it landed on us like a ton of bricks and then
[21:55.800 --> 21:59.120]  now it's pretty much too late.
[21:59.120 --> 22:08.800]  We have a worldwide neural net coming, and my concern is not that some hacker will get
[22:08.800 --> 22:13.040]  in there and take over the net.
[22:13.040 --> 22:15.600]  Not going to happen that way.
[22:15.600 --> 22:24.920]  The net is far too complex for that, far too many different technologies, far too many
[22:24.920 --> 22:27.200]  ins and outs and ups and downs.
[22:27.200 --> 22:28.480]  Nobody's going to be able to take it over.
[22:28.480 --> 22:40.600]  My concern is it will take over itself, and not in a malevolent way, but we are looking
[22:40.600 --> 22:50.240]  toward asking it to do things that we should not be asking it to do, and once we open the
[22:50.240 --> 22:59.720]  door, I don't think we'll be able to close it, and it's not a world government we have
[22:59.720 --> 23:00.720]  to worry about.
[23:00.720 --> 23:06.440]  I believe it's a worldwide net we have to worry about.
[23:06.440 --> 23:14.800]  Not necessarily a living net, but it looks like it, a living, I mean, sentient, intelligent,
[23:14.800 --> 23:17.480]  and that's what I was talking about going out.
[23:17.480 --> 23:22.920]  What is intelligence?
[23:22.920 --> 23:33.680]  Where does that thing we call intelligence start, and that thing we call paying attention
[23:33.680 --> 23:39.800]  to the details at a greater and greater level of abstraction end?
[23:39.800 --> 23:50.800]  This tool I put together, it can take legal issues and organize them in a very straightforward
[23:50.800 --> 23:58.920]  way down to really fine detail, and when it operates, it gives the appearance of being
[23:58.920 --> 24:01.960]  smarter than the smartest lawyer out there.
[24:01.960 --> 24:06.440]  But it's not smart at all.
[24:06.440 --> 24:15.320]  So I was at a meeting of programmers for big data, it's a Hadoop meeting, that's a special
[24:15.320 --> 24:25.960]  type of big data program, and we had programmers there from IBM, Verizon, AT&T, and one of
[24:25.960 --> 24:31.880]  the things they complained about is that artificial intelligence hasn't lived up to its heart
[24:31.880 --> 24:41.880]  type, and I raised this issue about this artificial expertise, and I asked them, how are you going
[24:41.880 --> 24:49.520]  to create artificial intelligence if you haven't yet defined what organic intelligence is?
[24:49.520 --> 24:54.360]  Does anybody out there know what it is?
[24:54.360 --> 24:57.200]  I don't, and I've been looking a long time.
[24:57.200 --> 25:02.560]  I've been looking for that, that little line we draw, you know, scientists draw a line
[25:02.560 --> 25:07.560]  between living and not living, and they draw it between clay and viruses.
[25:07.560 --> 25:15.960]  Clay, if you seed clay with a crystal, when it hardens, it'll harden into crystals just
[25:15.960 --> 25:21.840]  like the one you seeded it with, so it replicates itself.
[25:21.840 --> 25:26.880]  Viruses are very similar, they replicate themselves with very little change.
[25:26.880 --> 25:32.400]  But they can essentially seed themselves, so it's a real fine line they draw between
[25:32.400 --> 25:35.880]  what they consider to be alive and not alive.
[25:35.880 --> 25:46.880]  Where do we draw the line between just standard logic, reason, and assembling the details
[25:46.880 --> 25:51.360]  and this ethereal concept of intelligence?
[25:51.360 --> 25:56.280]  That's my question for today, the lines are picking up, so I'm going to go ahead and go
[25:56.280 --> 25:57.560]  to a caller.
[25:57.560 --> 26:04.280]  We're going to start out with, look, James was up here, but he just dropped off.
[26:04.280 --> 26:10.160]  James, if you'll call back in, I'll take you out of line.
[26:10.160 --> 26:14.880]  I guess you thought I was going to wax on this all night, but I won't.
[26:14.880 --> 26:18.280]  Okay, now we're going to go to Chris in Pennsylvania.
[26:18.280 --> 26:20.280]  I think that's Pennsylvania.
[26:20.280 --> 26:24.480]  Chris, is that you in Pennsylvania?
[26:24.480 --> 26:26.480]  I'm in Pennsylvania, Randy.
[26:26.480 --> 26:28.480]  Okay, it's the right one then.
[26:28.480 --> 26:31.480]  They've got PS, it's due to PA.
[26:31.480 --> 26:35.480]  Okay, what do you have for us tonight?
[26:35.480 --> 26:42.480]  Well, I was just going to little dig on what you were just commenting about on artificial
[26:42.480 --> 26:44.480]  intelligence, how do you determine.
[26:44.480 --> 26:47.480]  Have you seen the movie El Machina?
[26:47.480 --> 26:49.480]  No.
[26:49.480 --> 26:55.480]  It's a sneaker film that really kind of didn't make a big play in the box office, but it's
[26:55.480 --> 27:01.480]  out there to be rented, and I think that movie will answer all your questions.
[27:01.480 --> 27:04.480]  El Machina, spell it?
[27:04.480 --> 27:06.480]  Yeah.
[27:06.480 --> 27:10.480]  It's EL, it's the machine in Spanish.
[27:10.480 --> 27:12.480]  Oh, okay.
[27:12.480 --> 27:16.480]  El Machina, okay.
[27:16.480 --> 27:21.480]  It's a really good movie, and when you're done watching it, you'll figure out how you
[27:21.480 --> 27:28.480]  figure out when artificial intelligence, where that line is drawn.
[27:28.480 --> 27:31.480]  Good, I need that line.
[27:31.480 --> 27:41.480]  I can't complain about the sophistication of these systems, and I can't fear them becoming
[27:41.480 --> 27:48.480]  transient until I can define what it is.
[27:48.480 --> 27:52.480]  So I will look for El Machina.
[27:52.480 --> 27:57.480]  It'll sum it up for you, but it was very well done on that aspect.
[27:57.480 --> 28:02.480]  Can you give us a brief synopsis?
[28:02.480 --> 28:10.480]  It's about a gentleman who develops a search engine on his own, hypothetically like Google
[28:10.480 --> 28:16.480]  or Firefox, and he becomes a multi-billionaire, and he was a child prodigy who learned how
[28:16.480 --> 28:25.480]  to code at 12 and 13, and he decided to build artificial intelligence.
[28:25.480 --> 28:32.480]  So he buys about 2,000 acres of land in South Dakota, Canada somewhere.
[28:32.480 --> 28:40.480]  I'm not really sure where this picture was filmed, but he has this little lab, and he
[28:40.480 --> 28:48.480]  takes his search engine, and he has a contest to see who could win this all-exclusive paid
[28:48.480 --> 28:57.480]  trip to his little laboratory, and he put it up to his coders, and his coders competed
[28:57.480 --> 29:03.480]  in this contest, and he was looking for the brightest coder he had, and this gentleman
[29:03.480 --> 29:11.480]  won and was offered a trip to see his lab and or his home, and didn't know it was a
[29:11.480 --> 29:16.480]  lab at the time, but his home, and that's kind of where the movie takes off, and there
[29:16.480 --> 29:24.480]  are a lot of theories that they play on of how do you determine artificial intelligence
[29:24.480 --> 29:35.480]  from a real human, and he uses his brightest coder as an experiment on the robot that he
[29:35.480 --> 29:38.480]  built and how they determine that.
[29:38.480 --> 29:43.480]  Okay, hang on, we're back to Go To Break.
[29:43.480 --> 29:53.480]  Randy Kelton, rule of our radio, our call in number, 512-646-1984 on this 9-11-2015
[29:53.480 --> 29:57.480]  we'll be right back.
[29:57.480 --> 30:08.480]  Every inbox is plagued by scam emails offering big bucks in exchange for a small upfront
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[30:22.480 --> 30:26.480]  is gone, you'll find your freedoms will start to vanish too.
[30:26.480 --> 30:31.480]  So protect your rights, say no to surveillance, and keep your information to yourself.
[30:31.480 --> 30:34.480]  Privacy, it's worth hanging on to.
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[31:13.480 --> 31:14.480]  for fraud?
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[32:13.480 --> 32:16.480]  Among those rights are the right to travel freely from place to place, the right to act
[32:16.480 --> 32:20.480]  in our own private capacity, and most importantly, the right to due process of law.
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[33:04.480 --> 33:15.480]  You're listening to the Logos Radio Network at logosradionetwork.com.
[33:15.480 --> 33:18.480]  Yes, I got a warrant.
[33:18.480 --> 33:26.480]  I'm going to solve them to the head government then prosecute them.
[33:26.480 --> 33:29.480]  Okay.
[33:29.480 --> 33:30.480]  Okay, we are back.
[33:30.480 --> 33:35.480]  Randy Kelton, the rule of law radio and the Targons of Chris in Pennsylvania.
[33:35.480 --> 33:42.480]  And to lift your movie up on the break, it's Ex Machina, E-X Machina.
[33:42.480 --> 33:47.480]  Yes, I'm sorry, not at all.
[33:47.480 --> 33:51.480]  It sounds interesting, and I will definitely have a look at it.
[33:51.480 --> 33:56.480]  I keep looking for new ways of thinking about things.
[33:56.480 --> 34:00.480]  And it's funny that you had this conversation tonight because I was just sitting watching
[34:00.480 --> 34:06.480]  iRobot with Will Smith, and that is another.
[34:06.480 --> 34:11.480]  Yes, Asimov was way ahead of his time when he wrote that.
[34:11.480 --> 34:20.480]  He was obviously spent his whole career writing about robots, but he was well ahead of his time.
[34:20.480 --> 34:28.480]  And his was kind of on that order of what worries me now.
[34:28.480 --> 34:36.480]  This machine in iRobot that took over wasn't malevolent.
[34:36.480 --> 34:43.480]  It took over for the purpose of helping humanity.
[34:43.480 --> 34:52.480]  It's just that it was decided to give us a kind of help that we preferred not to have.
[34:52.480 --> 35:00.480]  I see that something of that nature coming, and I'm worried about it.
[35:00.480 --> 35:04.480]  I don't see it coming in the far distant future.
[35:04.480 --> 35:08.480]  I see it coming in the very near future.
[35:08.480 --> 35:12.480]  Yeah, I think when it comes, I don't think we're going to know it's coming.
[35:12.480 --> 35:21.480]  I think grandkids will look back and say, how did things change so much?
[35:21.480 --> 35:30.480]  I don't think they will see it as a disaster the way we perceive it to be.
[35:30.480 --> 35:38.480]  They will simply see it as a different way of living and doing things.
[35:38.480 --> 35:47.480]  You know, the Industrial Revolution, it dramatically changed everything before it.
[35:47.480 --> 35:50.480]  And this revolution is going to do the same thing.
[35:50.480 --> 35:56.480]  But we don't look back on it, the Industrial Revolution, for all its problems as a disaster.
[35:56.480 --> 36:01.480]  And a good chance we won't look at this as a disaster.
[36:01.480 --> 36:11.480]  But our children will look back and they won't understand the kinds of freedoms we take for granted.
[36:11.480 --> 36:12.480]  Right.
[36:12.480 --> 36:18.480]  You know, they've got cars that pretty soon are going to be able to drive themselves.
[36:18.480 --> 36:20.480]  Mercedes has repealed.
[36:20.480 --> 36:23.480]  Yes, I've thought about that.
[36:23.480 --> 36:31.480]  I am really going to have a hard time turning loose of that wheel.
[36:31.480 --> 36:36.480]  I don't think our generation will be able to.
[36:36.480 --> 36:41.480]  We're just not going to be able to trust the machines.
[36:41.480 --> 36:54.480]  But our children, our children's children, they'll grow up not having all these near-death experiences that you and I have had in automobiles.
[36:54.480 --> 36:56.480]  Yeah.
[36:56.480 --> 37:05.480]  Where we had to act in a split second and we were a hair's breadth from getting cremated.
[37:05.480 --> 37:09.480]  And we've got not a lot, all of us, to drive.
[37:09.480 --> 37:17.480]  We have those opportunities to get killed and only fractions of seconds to avoid it.
[37:17.480 --> 37:24.480]  And how are we going to trust a machine to do that?
[37:24.480 --> 37:25.480]  In effect.
[37:25.480 --> 37:31.480]  In effect, the machines won't get us into those positions in the first place.
[37:31.480 --> 37:42.480]  But our grandchildren, they won't even understand, I suspect, the freedoms that we simply take for granted.
[37:42.480 --> 37:43.480]  Okay.
[37:43.480 --> 37:46.480]  Did you have something else you wanted to discuss today?
[37:46.480 --> 37:47.480]  Yes.
[37:47.480 --> 37:59.480]  I wanted your thoughts on, I had a mortgage scenario I wanted to play out for you and try to get some feedback on.
[37:59.480 --> 38:20.480]  I'm wondering if, in my case, if there is a glimmer of resolution here using what we've been trying to base our motives on,
[38:20.480 --> 38:35.480]  with no note and only a mortgage being transferred, what part of the interest is actually transferred if the note never transfers?
[38:35.480 --> 38:42.480]  Do you understand the concept of factoring?
[38:42.480 --> 38:44.480]  Yes.
[38:44.480 --> 38:45.480]  That's all this is.
[38:45.480 --> 38:48.480]  They factor the note.
[38:48.480 --> 38:50.480]  You have your own business.
[38:50.480 --> 38:52.480]  You have accounts payable.
[38:52.480 --> 38:53.480]  I'm sorry.
[38:53.480 --> 38:55.480]  You have accounts receivable.
[38:55.480 --> 38:58.480]  But you're not receiving the accounts receivable.
[38:58.480 --> 38:59.480]  Right.
[38:59.480 --> 39:04.480]  You've got all your money put out and your labor put out, but you're not receiving.
[39:04.480 --> 39:11.480]  So you take your accounts receivable down to the bank and you sell the right-to-be-paid note.
[39:11.480 --> 39:13.480]  That's exactly what the bank did.
[39:13.480 --> 39:21.480]  They treat your note as an account receivable, and they sell the receivable to somebody else.
[39:21.480 --> 39:23.480]  So they don't sell the note.
[39:23.480 --> 39:26.480]  They still hold it.
[39:26.480 --> 39:28.480]  The document custodian has it.
[39:28.480 --> 39:44.480]  The document custodian is the servicer, or at least if he is a legitimate servicer, he holds it, because Fannie Mae requires that he hold it.
[39:44.480 --> 39:55.480]  If he doesn't have it, then that's a reasonable cause to believe that he is not a legitimate servicer, because if he was, he'd have that note,
[39:55.480 --> 40:01.480]  because Fannie Mae absolutely requires it.
[40:01.480 --> 40:03.480]  Right.
[40:03.480 --> 40:09.480]  So that's basically, it's really not hard to understand securitization of the note.
[40:09.480 --> 40:12.480]  It's just factoring.
[40:12.480 --> 40:13.480]  Right.
[40:13.480 --> 40:17.480]  Does that make it clear what they actually sell?
[40:17.480 --> 40:20.480]  Oh, yes, yes.
[40:20.480 --> 40:25.480]  There was this confusion about security instruments.
[40:25.480 --> 40:33.480]  The note is a security for the factored income stream.
[40:33.480 --> 40:42.480]  The factored income stream itself becomes a security, and the note itself is secured by a security instrument.
[40:42.480 --> 40:50.480]  So you've got a security instrument securing a security instrument securing a security, so it gets real confusing.
[40:50.480 --> 40:51.480]  Right.
[40:51.480 --> 41:06.480]  So if we, in our bankruptcy, had the debt discharged, so there is no note, there is no debt, then what type of interest transfers with a mortgage only?
[41:06.480 --> 41:08.480]  It doesn't.
[41:08.480 --> 41:14.480]  And the lender is forbidden by statute to try to collect on mortgage.
[41:14.480 --> 41:24.480]  Well, when you say mortgage, the mortgage is the warranty deed, no deed of trust or security instrument.
[41:24.480 --> 41:26.480]  We're talking about the security instrument.
[41:26.480 --> 41:34.480]  Now, if you're in a judicial state, that security instrument is called a mortgage document.
[41:34.480 --> 41:38.480]  In a non-judicial state, it's called a deed of trust.
[41:38.480 --> 41:48.480]  So the deed of trust or the mortgage document, it becomes unenforceable by statute.
[41:48.480 --> 41:49.480]  What is it?
[41:49.480 --> 41:50.480]  14 U.S. code.
[41:50.480 --> 41:55.480]  What's the 11 U.S. code is the bankruptcy code, right?
[41:55.480 --> 41:58.480]  I think it's 256.
[41:58.480 --> 42:03.480]  Just look up effect of discharge in bankruptcy.
[42:03.480 --> 42:06.480]  You get a hit right on it.
[42:06.480 --> 42:15.480]  Have you challenged, are the lenders still trying to collect using the security instrument, mortgage document?
[42:15.480 --> 42:17.480]  Yeah, the servicer is.
[42:17.480 --> 42:24.480]  Have you challenged that based on the prohibition against collecting?
[42:24.480 --> 42:26.480]  Yes.
[42:26.480 --> 42:28.480]  How did the bank respond to it?
[42:28.480 --> 42:31.480]  I mean, the court responded.
[42:31.480 --> 42:34.480]  We're still waiting on that.
[42:34.480 --> 42:35.480]  Okay.
[42:35.480 --> 42:49.480]  We were served, well, the bank decided to put in a summary and judgment based on the fact that we were putting together in our discovery some admissions,
[42:49.480 --> 42:58.480]  and we were waiting for them to file a response based on our interrogatories.
[42:58.480 --> 43:05.480]  And they didn't respond to them, so we filed a motion to compel them to file.
[43:05.480 --> 43:17.480]  And we heard nothing until they filed a summary judgment claiming there was no evidence to prove that they were not the owner of the mortgage.
[43:17.480 --> 43:28.480]  Okay, so their position is they can enforce the mortgage as long as there is no evidence to prove that they're not the owner.
[43:28.480 --> 43:30.480]  Correct.
[43:30.480 --> 43:33.480]  That sounds backwards.
[43:33.480 --> 43:37.480]  It sounds totally backwards to all previous law.
[43:37.480 --> 43:41.480]  They're making a total back mistake and a fact.
[43:41.480 --> 43:43.480]  You don't have to prove it's false.
[43:43.480 --> 43:45.480]  They have to prove it's true.
[43:45.480 --> 43:48.480]  All right.
[43:48.480 --> 43:52.480]  I'm calling number 512-646-1984.
[43:52.480 --> 44:02.480]  We'll be right back.
[44:02.480 --> 44:03.480]  Hello.
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[44:46.480 --> 45:00.480]  naturesfureorganics.com.
[45:00.480 --> 45:03.480]  Are you the plaintiff or defendant in a lawsuit?
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[46:01.480 --> 46:30.480]  Okay, we are back.
[46:30.480 --> 46:32.480]  We're back on the Calvin Rule Law Radio.
[46:32.480 --> 46:41.480]  And our producer, he's just saying he can't trust these cars to drive themselves.
[46:41.480 --> 46:50.480]  And all I have to say to him is, this is the 21st century, you old buzzard.
[46:50.480 --> 46:54.480]  I think that's what our grandkids are going to be telling us.
[46:54.480 --> 47:07.480]  Okay, Chris, you never did really get framed, your particular issue.
[47:07.480 --> 47:08.480]  I'm sorry?
[47:08.480 --> 47:12.480]  Okay, you were framing an issue and I kind of sidetracked you on that.
[47:12.480 --> 47:13.480]  Oh, no.
[47:13.480 --> 47:19.480]  What we were looking at was the issue of the bankruptcy and the mortgage being the only thing
[47:19.480 --> 47:23.480]  the bank is saying that they have an assignment to.
[47:23.480 --> 47:31.480]  And our question is, does that transfer, does that give them any interest in the mortgage?
[47:31.480 --> 47:36.480]  Okay, this brings a question for me.
[47:36.480 --> 47:43.480]  I've just prepared a quiet title that we're going to shake in front of the bank when I'm going to file it.
[47:43.480 --> 47:50.480]  We're going to send it to them along with a cover letter making an offer to cure.
[47:50.480 --> 48:04.480]  But what it essentially says is, doesn't make any difference what the claimant actually holds.
[48:04.480 --> 48:10.480]  The only thing that makes a difference is what is filed in the public record.
[48:10.480 --> 48:24.480]  And does the claimant in this instance have a direct chain of title to himself in the public record?
[48:24.480 --> 48:26.480]  No, it does not.
[48:26.480 --> 48:38.480]  So the real question should be, have you looked at Pennsylvania law concerning the effect of filing documentation in the public record?
[48:38.480 --> 48:43.480]  Yes, I think it's Title 18.
[48:43.480 --> 48:47.480]  And what does it say?
[48:47.480 --> 48:52.480]  It says if it's not recorded in the public record, no interest is transferred.
[48:52.480 --> 49:02.480]  Well, the statute is quite long and it gives several indications why this is not transferring interest
[49:02.480 --> 49:12.480]  because you're given so long to do that and then if it's not done within 120 days, a new assignment has to be done.
[49:12.480 --> 49:18.480]  And if it's not done within six months, no interest can ever be transferred.
[49:18.480 --> 49:23.480]  So have these issues been addressed by the court?
[49:23.480 --> 49:32.480]  Well, this is what we put in our response as to why the summary judgment should not go through.
[49:32.480 --> 49:40.480]  Did you do a countermove for summary judgment?
[49:40.480 --> 49:42.480]  Yes.
[49:42.480 --> 49:46.480]  So now you're sitting waiting on them to rule on it.
[49:46.480 --> 49:48.480]  Correct.
[49:48.480 --> 49:51.480]  It'll be interesting to see how they do that.
[49:51.480 --> 49:57.480]  In Texas, it's one sentence.
[49:57.480 --> 50:08.480]  It says, any claim not properly acknowledged or proven and filed in the record is void as to the holder.
[50:08.480 --> 50:11.480]  And that's real clear and easy to understand.
[50:11.480 --> 50:19.480]  So if the claim is not properly filed, I don't care what they hold.
[50:19.480 --> 50:27.480]  I don't care if they are the proper bona fide holder of the note.
[50:27.480 --> 50:32.480]  What they say to the court is, it makes no difference.
[50:32.480 --> 50:38.480]  If they don't have it in the record, they don't have capacity to make the claim.
[50:38.480 --> 50:42.480]  Actually, they don't have standing to make the claim.
[50:42.480 --> 50:52.480]  If they don't have standing to invoke the subject matter jurisdiction of the court because they cannot bring a controversy.
[50:52.480 --> 50:56.480]  I lost my story and I'm sticking to it.
[50:56.480 --> 51:06.480]  I think the banks have deliberately tried to lead us past those particular issues.
[51:06.480 --> 51:11.480]  Those should always be the first places we go because they're the easiest to understand
[51:11.480 --> 51:18.480]  and the code in every state is really clear about that kind of stuff.
[51:18.480 --> 51:20.480]  Right.
[51:20.480 --> 51:22.480]  Especially Pennsylvania.
[51:22.480 --> 51:26.480]  Their recording statute is very strict.
[51:26.480 --> 51:33.480]  Your law is the only one that I know of that makes it criminal not to file.
[51:33.480 --> 51:36.480]  So that's pretty remarkable.
[51:36.480 --> 51:41.480]  They didn't file an assignment while we were in bankruptcy,
[51:41.480 --> 51:51.480]  but they filed an assignment as the company they merged with years prior to the assignment.
[51:51.480 --> 52:01.480]  They merged with Wachovia and they used Wachovia as the person making the assignment.
[52:01.480 --> 52:05.480]  Wachovia no longer existed at that time.
[52:05.480 --> 52:06.480]  Right.
[52:06.480 --> 52:10.480]  Well, it didn't because it became Wells Fargo.
[52:10.480 --> 52:19.480]  So in this instance, what we're discovering is that Wells Fargo made an assignment to itself
[52:19.480 --> 52:23.480]  because they are now Wachovia Mortgage Corporation.
[52:23.480 --> 52:30.480]  Well, I think they had to do that because actually they are not Wachovia.
[52:30.480 --> 52:37.480]  Wachovia ceased to exist and Wells Fargo took over their assets.
[52:37.480 --> 52:48.480]  We have, I can't find it right now, a magistrate Judge Austin out of Austin, Texas,
[52:48.480 --> 52:55.480]  addressing the issue of Chase Bank NA and Chase Home Loans.
[52:55.480 --> 52:59.480]  Chase Home Loans is a fully owned subsidiary of Chase Bank.
[52:59.480 --> 53:08.480]  Well, Chase Bank made a claim that was actually held by Chase Home Loans.
[53:08.480 --> 53:17.480]  And the other side raised the issue and Chase Bank said it was the same issue, the same entity.
[53:17.480 --> 53:21.480]  And the court said, no, it's not.
[53:21.480 --> 53:28.480]  It doesn't matter that Chase Home Mortgage is a fully owned subsidiary of Chase Bank NA.
[53:28.480 --> 53:32.480]  Chase Home Mortgage is not Chase Bank NA.
[53:32.480 --> 53:37.480]  Wachovia is not Wells Fargo.
[53:37.480 --> 53:44.480]  But that does bring me to one issue that I haven't found good law on.
[53:44.480 --> 53:48.480]  And that is the effect of a mortgage.
[53:48.480 --> 53:57.480]  If I have a deed of trust in the record or a mortgage filed in the public record
[53:57.480 --> 54:08.480]  and it grants a claim to Wachovia and there is no entity Wachovia,
[54:08.480 --> 54:16.480]  how does that claim give me public notice?
[54:16.480 --> 54:23.480]  I'm just an ordinary guy. I'm a carpenter. You want me to do some work on your house.
[54:23.480 --> 54:31.480]  And you don't have the money to pay me, so you want me to issue your loan.
[54:31.480 --> 54:33.480]  You want to be able to pay it out in time.
[54:33.480 --> 54:37.480]  I said, OK, but I want to take a lien against the property before I do that.
[54:37.480 --> 54:42.480]  So the first thing I'm going to do is go down and look in the public record.
[54:42.480 --> 54:50.480]  And I see a lien against your property by Wachovia, Washington Mutual,
[54:50.480 --> 54:56.480]  one of these other companies that's no longer in business.
[54:56.480 --> 55:03.480]  Now, I know this company is no longer in existence.
[55:03.480 --> 55:12.480]  Do I have to go find the history of how Wachovia ceased to exist
[55:12.480 --> 55:26.480]  and determine that Wachovia wound up being absorbed into another company?
[55:26.480 --> 55:35.480]  Or do they need to file the change in name with the county court?
[55:35.480 --> 55:44.480]  Have you seen any case law on that? Are you there, Chris?
[55:44.480 --> 55:46.480]  Yes.
[55:46.480 --> 55:49.480]  Oh, OK. Have you seen any case law on that?
[55:49.480 --> 55:55.480]  I have not. I've been trying to find something that gives me a clear understanding
[55:55.480 --> 56:06.480]  as to how, once the merger took place, how the company who's taking the assignment
[56:06.480 --> 56:13.480]  can take an assignment from literally itself because it merged with that company.
[56:13.480 --> 56:22.480]  So if Wachovia becomes Wells Fargo, Wells Fargo would naturally have to lose its banking charter
[56:22.480 --> 56:28.480]  and not be able to do business under the name Wachovia.
[56:28.480 --> 56:36.480]  It can only do business under the name Wells Fargo, otherwise known as Wachovia.
[56:36.480 --> 56:40.480]  But not known as Wachovia.
[56:40.480 --> 56:47.480]  So 10 years from now or 15 years from now, if I look at the public record
[56:47.480 --> 56:55.480]  and I see Wachovia and I try to find Wachovia, Wachovia doesn't exist.
[56:55.480 --> 57:02.480]  Am I supposed to know that it merged with Bank of America umpteen years ago?
[57:02.480 --> 57:03.480]  Right.
[57:03.480 --> 57:09.480]  Or would Bank of America reasonably have to get notice in the record?
[57:09.480 --> 57:17.480]  I don't remember seeing any law on it, but I would think there's case law.
[57:17.480 --> 57:22.480]  Right. Somewhere. I'm hoping that...
[57:22.480 --> 57:25.480]  One of those issues needs to be researched.
[57:25.480 --> 57:33.480]  Right. I'm hoping just to figure the fact that Wells Fargo through the merger
[57:33.480 --> 57:39.480]  makes the claim that it is now doing business.
[57:39.480 --> 57:51.480]  When Wachovia merged with Wells Fargo, was your note an asset of Wachovia?
[57:51.480 --> 57:57.480]  Well, that we don't know.
[57:57.480 --> 58:00.480]  Okay.
[58:00.480 --> 58:04.480]  We're about to get another break. Do you have anything else for us, Chris?
[58:04.480 --> 58:06.480]  No, that was it.
[58:06.480 --> 58:09.480]  Okay. Thank you very much. And keep us up to date.
[58:09.480 --> 58:14.480]  Let us know if something happens on one of these Sundays.
[58:14.480 --> 58:16.480]  I'll be looking forward to that one.
[58:16.480 --> 58:18.480]  Okay. Hang on. We're about to go to break.
[58:18.480 --> 58:21.480]  This is our top of the hour break.
[58:21.480 --> 58:26.480]  So we really would appreciate if you'd go look at our advertisers.
[58:26.480 --> 58:30.480]  We have a couple of new advertisers on Logos Radio Network.
[58:30.480 --> 58:37.480]  Go have a look at them, patronize our advertisers and help us support this network.
[58:37.480 --> 58:40.480]  Certainly, you are the hell we can begin.
[58:40.480 --> 58:45.480]  Randy Kelton, you are radio. I call it number 512-646-1984.
[58:45.480 --> 58:49.480]  We'll be right back.
[58:49.480 --> 58:53.480]  Would you like to make more definite progress in your walk with God?
[58:53.480 --> 59:00.480]  Bibles for America is offering a free study Bible and a set of free Christian books that can really help.
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[59:12.480 --> 59:17.480]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:17.480 --> 59:23.480]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation,
[59:23.480 --> 59:27.480]  growing in Christ and how to build up the church.
[59:27.480 --> 59:33.480]  To order your free New Testament Recovery Version and Basic Elements of the Christian Life,
[59:33.480 --> 59:40.480]  call Bibles for America toll free at 888-551-0102.
[59:40.480 --> 59:44.480]  That's 888-551-0102.
[59:44.480 --> 59:49.480]  Or visit us online at bfa.org.
[01:00:14.480 --> 01:00:23.480]  And the inside scoop into the tides of the alternative.
[01:00:23.480 --> 01:00:29.480]  Markets for the 11th of September, 2013 opened up with gold at $1,110.50 an ounce,
[01:00:29.480 --> 01:00:43.480]  silver $14.69 an ounce, Texas crude $45.92 a barrel, and Bitcoin is currently sitting at about $239 U.S. currency.
[01:00:43.480 --> 01:00:51.480]  Today in history, Tuesday, September 11, 2001, the World Trade Center complex in downtown Manhattan, New York is attacked by terrorists.
[01:00:51.480 --> 01:00:56.480]  19 Saudi hijackers managed to crash two commercial airlines into the World Trade Center Twin Towers,
[01:00:56.480 --> 01:01:03.480]  a third into the Pentagon, and the last fourth hijacked plane was debris scattered over miles near Shanksville, Pennsylvania.
[01:01:03.480 --> 01:01:08.480]  In total 2,996 people lost their lives, including the hijackers.
[01:01:08.480 --> 01:01:14.480]  Over 220 senior military intelligence service members, law enforcement, government officials,
[01:01:14.480 --> 01:01:22.480]  1,500 engineers and architects, 250 pilots and aviation professionals, 400 professors, 300 survivors and family members,
[01:01:22.480 --> 01:01:30.480]  200 artists, entertainers, and media professionals, and over 400 medical professionals have all come out and labeled these attacks as false flags.
[01:01:30.480 --> 01:01:36.480]  They are calling for an investigation.
[01:01:36.480 --> 01:01:43.480]  In recent news, New York's Governor Andrew Cuomo's administration formally approved a $15 minimum wage for fast food employees yesterday.
[01:01:43.480 --> 01:01:50.480]  The state plans to gradually implement the mandate over a three-year period for New York City and a six-year period for the rest of the state.
[01:01:50.480 --> 01:01:57.480]  Republicans also held a hearing into the process behind the fast food wage increase, which some restaurant owners have said they may challenge in court.
[01:01:57.480 --> 01:02:03.480]  Franchise owners said that the increase singles them out and gives an unfair advantage to mom-and-pop competitors.
[01:02:03.480 --> 01:02:10.480]  They are warning that many franchises may be forced to raise prices or cut positions in order to absorb the higher mandated labor costs.
[01:02:10.480 --> 01:02:18.480]  The pay increase is expected to affect some 200,000 employees.
[01:02:18.480 --> 01:02:25.480]  White House Press Secretary Josh Earnest said in a briefing yesterday that while the administration was continuing to examine responses to refugee crisis,
[01:02:25.480 --> 01:02:35.480]  which has overwhelmed Europe in recent days, the president has decided to raise the number of Syrian refugees admitted into the United States to at least 10,000 for the fiscal year beginning in October.
[01:02:35.480 --> 01:02:41.480]  Since the beginning of the conflict in Syria in 2011, the U.S. has taken in less than 1,500 Syrian refugees.
[01:02:41.480 --> 01:02:48.480]  Officials have said that the U.S. may accept an additional 30,000 refugees from across the world next year, up from the current figure of 70,000.
[01:02:48.480 --> 01:02:54.480]  More than half of them are children, officials say.
[01:02:54.480 --> 01:02:58.480]  This was your Lowdown for September 11, 2015.
[01:03:25.480 --> 01:03:27.480]  Okay, we are back.
[01:03:27.480 --> 01:03:30.480]  Randy Kelton with UR Radio.
[01:03:30.480 --> 01:03:35.480]  And we're talking to Chris in Pennsylvania.
[01:03:35.480 --> 01:03:40.480]  We have Jeff Sedgwick on the line, and he wanted to talk to Chris.
[01:03:40.480 --> 01:03:41.480]  Chris, you there?
[01:03:41.480 --> 01:03:43.480]  I'm here.
[01:03:43.480 --> 01:03:44.480]  Okay.
[01:03:44.480 --> 01:03:46.480]  Okay, I have some questions for you.
[01:03:46.480 --> 01:03:48.480]  I have some questions for you, Chris.
[01:03:48.480 --> 01:03:52.480]  Have they accelerated the note?
[01:03:52.480 --> 01:03:54.480]  I'm sorry?
[01:03:54.480 --> 01:03:58.480]  Have they accelerated the mortgage note?
[01:03:58.480 --> 01:04:00.480]  Accelerated it?
[01:04:00.480 --> 01:04:01.480]  Yes.
[01:04:01.480 --> 01:04:02.480]  Is that what you said?
[01:04:02.480 --> 01:04:03.480]  Yes.
[01:04:03.480 --> 01:04:05.480]  That I'm aware of.
[01:04:05.480 --> 01:04:06.480]  Say again?
[01:04:06.480 --> 01:04:07.480]  That I'm aware of.
[01:04:07.480 --> 01:04:10.480]  Are you actually in a foreclosure case at the moment?
[01:04:10.480 --> 01:04:12.480]  Yes.
[01:04:12.480 --> 01:04:19.480]  How did they get you into a foreclosure case without accelerating the note?
[01:04:19.480 --> 01:04:21.480]  I'm not sure.
[01:04:21.480 --> 01:04:25.480]  Did they give you a notice of intent to foreclose?
[01:04:25.480 --> 01:04:27.480]  Yes.
[01:04:27.480 --> 01:04:30.480]  That was back in 2011.
[01:04:30.480 --> 01:04:34.480]  Okay, did that say that they wanted the whole amount?
[01:04:34.480 --> 01:04:36.480]  Yes.
[01:04:36.480 --> 01:04:41.480]  All right, that's the acceleration of the note.
[01:04:41.480 --> 01:04:43.480]  Okay.
[01:04:43.480 --> 01:04:44.480]  Okay.
[01:04:44.480 --> 01:04:47.480]  Are you getting monthly statements?
[01:04:47.480 --> 01:04:49.480]  Yes.
[01:04:49.480 --> 01:04:53.480]  Did they include late fees and additional interest?
[01:04:53.480 --> 01:04:57.480]  They do, even after the bankruptcy.
[01:04:57.480 --> 01:05:00.480]  All right, sit tight for just a moment.
[01:05:00.480 --> 01:05:02.480]  Okay.
[01:05:02.480 --> 01:05:11.480]  Who asserts that they are the current holder of the note?
[01:05:11.480 --> 01:05:14.480]  That would be Wells Fargo.
[01:05:14.480 --> 01:05:20.480]  Did they come into possession of that note after it was in default?
[01:05:20.480 --> 01:05:22.480]  Yes, they did.
[01:05:22.480 --> 01:05:23.480]  Okay.
[01:05:23.480 --> 01:05:29.480]  You need to get yourself an FDCPA action going and get it going immediately.
[01:05:29.480 --> 01:05:32.480]  I'm sorry you broke up there a little bit.
[01:05:32.480 --> 01:05:40.480]  I'm going to say you need to get yourself an FDCPA action going in federal court and you need to get it going immediately.
[01:05:40.480 --> 01:05:42.480]  FDCPA?
[01:05:42.480 --> 01:05:49.480]  Fair Debt Collection and Practices Act, FDCPA.
[01:05:49.480 --> 01:05:51.480]  Correct, yes.
[01:05:51.480 --> 01:05:53.480]  Okay.
[01:05:53.480 --> 01:06:00.480]  One of the things that will do for you is it will open up discovery.
[01:06:00.480 --> 01:06:02.480]  Okay.
[01:06:02.480 --> 01:06:07.480]  If you go into the FDCPA books, and there are a number of them,
[01:06:07.480 --> 01:06:15.480]  you should be able to find violations under 1692E, 1 through 10,
[01:06:15.480 --> 01:06:25.480]  and 1692F, as in Frank, 1 through 10, as well as attempting to collect a debt not due annoying.
[01:06:25.480 --> 01:06:33.480]  Because once that note's been accelerated, they cannot charge you additional interest, nor can they charge you late fees.
[01:06:33.480 --> 01:06:35.480]  Okay.
[01:06:35.480 --> 01:06:39.480]  So that would be the basis for the FDCPA.
[01:06:39.480 --> 01:06:40.480]  Okay.
[01:06:40.480 --> 01:06:44.480]  It would take, if you're not experienced in doing a federal case,
[01:06:44.480 --> 01:06:47.480]  it would probably take you two to three hours to put the case together,
[01:06:47.480 --> 01:06:54.480]  and it would probably consist of about eight, maybe nine pages.
[01:06:54.480 --> 01:06:56.480]  Okay.
[01:06:56.480 --> 01:06:57.480]  Okay.
[01:06:57.480 --> 01:07:00.480]  And you immediately move into, you find out what the rules are,
[01:07:00.480 --> 01:07:09.480]  and you're for your local court for the 26F, which is basically setting up the schedule for discovery
[01:07:09.480 --> 01:07:14.480]  and dispositive motions and amendments and that sort of thing.
[01:07:14.480 --> 01:07:19.480]  And you want to get the discovery open and started as soon as you can,
[01:07:19.480 --> 01:07:23.480]  and then you can start going for some of the questions you've not been able to get answered on,
[01:07:23.480 --> 01:07:32.480]  and federal court is no place for them to resist giving you answers to your discovery.
[01:07:32.480 --> 01:07:37.480]  If you have to file a motion for a motion to compel, and they still fail to so do,
[01:07:37.480 --> 01:07:44.480]  you can seek sanctions under rule 37C.
[01:07:44.480 --> 01:07:48.480]  And since you can't get lawyer's fees in the way of sanctions,
[01:07:48.480 --> 01:07:59.480]  you can ask the court to give a declaratory judgment in your favor.
[01:07:59.480 --> 01:08:00.480]  Okay.
[01:08:00.480 --> 01:08:04.480]  And they fail to answer discovery.
[01:08:04.480 --> 01:08:06.480]  Okay.
[01:08:06.480 --> 01:08:11.480]  You can use that down in the state court to beat the snot out of them.
[01:08:11.480 --> 01:08:13.480]  Okay.
[01:08:13.480 --> 01:08:25.480]  And they fail to establish that they had standing in which to bring suit to foreclose.
[01:08:25.480 --> 01:08:26.480]  Okay.
[01:08:26.480 --> 01:08:29.480]  They're refusing to answer discovery.
[01:08:29.480 --> 01:08:30.480]  Right.
[01:08:30.480 --> 01:08:33.480]  The bank has come forward.
[01:08:33.480 --> 01:08:39.480]  Not the bank, but their attorneys have come forward with a note endorsed in blank,
[01:08:39.480 --> 01:08:41.480]  even though the mortgage...
[01:08:41.480 --> 01:08:42.480]  I don't care.
[01:08:42.480 --> 01:08:43.480]  Right.
[01:08:43.480 --> 01:08:44.480]  I don't care.
[01:08:44.480 --> 01:08:45.480]  How'd they get it?
[01:08:45.480 --> 01:08:46.480]  Yeah.
[01:08:46.480 --> 01:08:47.480]  Yeah, exactly.
[01:08:47.480 --> 01:08:49.480]  Who did they pay for that?
[01:08:49.480 --> 01:08:54.480]  See, if I find a note blowing in the wind down the street and picking up,
[01:08:54.480 --> 01:08:58.480]  do I have the authority to foreclose on it?
[01:08:58.480 --> 01:09:00.480]  No.
[01:09:00.480 --> 01:09:01.480]  No.
[01:09:01.480 --> 01:09:03.480]  I don't, do I?
[01:09:03.480 --> 01:09:10.480]  Is the note that they have the original wedding signature note?
[01:09:10.480 --> 01:09:12.480]  No, it's not.
[01:09:12.480 --> 01:09:13.480]  It's a copy.
[01:09:13.480 --> 01:09:16.480]  Well, then they don't have a note.
[01:09:16.480 --> 01:09:17.480]  Right.
[01:09:17.480 --> 01:09:19.480]  And we're aware of that.
[01:09:19.480 --> 01:09:24.480]  What we're also aware of is the fact that what we've made in our pleadings was the fact
[01:09:24.480 --> 01:09:30.480]  that the note has been assigned to World Savings and Indy Mack,
[01:09:30.480 --> 01:09:34.480]  both of whom securitized all of their loans.
[01:09:34.480 --> 01:09:39.480]  Our mortgage was even being held by Indy Mack when they were indicted by the FDIC
[01:09:39.480 --> 01:09:43.480]  for changing loan numbers in an attempt to securitize them again.
[01:09:43.480 --> 01:09:44.480]  Right.
[01:09:44.480 --> 01:09:45.480]  And we have proof of that.
[01:09:45.480 --> 01:09:48.480]  We have proof of that through our homeowners insurance.
[01:09:48.480 --> 01:09:53.480]  Well, see, all of that you can get into with the discovery in your FDCPA case.
[01:09:53.480 --> 01:09:54.480]  Okay.
[01:09:54.480 --> 01:09:55.480]  Okay.
[01:09:55.480 --> 01:10:00.480]  Because that will all go into 1692 E&F.
[01:10:00.480 --> 01:10:03.480]  Chris, explain what you did with the insurance company.
[01:10:03.480 --> 01:10:06.480]  That was interesting.
[01:10:06.480 --> 01:10:12.480]  Well, we took – we were having a difficult time trying to understand how the bank became
[01:10:12.480 --> 01:10:18.480]  in possession of interest in this mortgage when they were not the recorded person
[01:10:18.480 --> 01:10:22.480]  in the recorder of deeds office holding our mortgage and note
[01:10:22.480 --> 01:10:25.480]  when they filed a default against us.
[01:10:25.480 --> 01:10:32.480]  So when we looked at that, we went back and we were caught up in all of this hoopla
[01:10:32.480 --> 01:10:36.480]  with everybody telling you your MERS milestone will tell you all that
[01:10:36.480 --> 01:10:40.480]  because it's all been hidden and trying to get that was like pulling teeth.
[01:10:40.480 --> 01:10:47.480]  So we looked at the other alternative to how do we have a record of who our mortgagee was.
[01:10:47.480 --> 01:10:50.480]  And our homeowners insurance provided us with that.
[01:10:50.480 --> 01:10:56.480]  Every statement we got for our homeowners provided us with who the mortgagee was
[01:10:56.480 --> 01:11:00.480]  at that time or claims to be at that time.
[01:11:00.480 --> 01:11:06.480]  Now the bank calls the insurance company and tells them they purchased the mortgage.
[01:11:06.480 --> 01:11:13.480]  We found out that through that Fannie Mae was somehow has a tie
[01:11:13.480 --> 01:11:21.480]  because we had to look up to Fannie Mae that they sold the note to investors
[01:11:21.480 --> 01:11:24.480]  the day our first payment was due.
[01:11:24.480 --> 01:11:32.480]  And then we found out that World Savings bought the mortgage for $188,000 a year later.
[01:11:32.480 --> 01:11:37.480]  And then we found out a year later it was transferred to Indy Mac.
[01:11:37.480 --> 01:11:43.480]  And when we looked at the loan number under Indy Mac it was a totally different loan number.
[01:11:43.480 --> 01:11:47.480]  And that's exactly what Indy Mac was indicted by the FDIC for
[01:11:47.480 --> 01:11:55.480]  having mortgages on their books without assignment.
[01:11:55.480 --> 01:11:56.480]  Okay.
[01:11:56.480 --> 01:11:57.480]  So we used our...
[01:11:57.480 --> 01:12:01.480]  So all of that can be brought up in discovery.
[01:12:01.480 --> 01:12:06.480]  Right. And that's what we're attempting to do right now once we've filed our...
[01:12:06.480 --> 01:12:11.480]  Yeah, but this way you're doing it on two fronts.
[01:12:11.480 --> 01:12:15.480]  And they do not want to screw with federal court.
[01:12:15.480 --> 01:12:20.480]  Right. Right. Okay.
[01:12:20.480 --> 01:12:26.480]  Okay. And it's a lot easier than what you're doing in state anyway.
[01:12:26.480 --> 01:12:29.480]  Right. That's what it sounds like.
[01:12:29.480 --> 01:12:35.480]  It is. State's a better one compared to the Fed.
[01:12:35.480 --> 01:12:37.480]  Okay.
[01:12:37.480 --> 01:12:45.480]  Anyway, if you would please send an email off to Randy with your contact information.
[01:12:45.480 --> 01:12:49.480]  He'll send it to me and I'll put you wise on some phone calls,
[01:12:49.480 --> 01:12:53.480]  free conference calls you can attend to get some of your questions answered.
[01:12:53.480 --> 01:12:55.480]  Okay. That'd be great.
[01:12:55.480 --> 01:12:59.480]  Especially when it comes to filing an FDCPA action.
[01:12:59.480 --> 01:13:01.480]  Okay.
[01:13:01.480 --> 01:13:02.480]  Okay.
[01:13:02.480 --> 01:13:05.480]  I appreciate it. Thank you so much.
[01:13:05.480 --> 01:13:06.480]  You're welcome.
[01:13:06.480 --> 01:13:10.480]  Thank you, Randy.
[01:13:10.480 --> 01:13:14.480]  Are you there, Randy, or are you muted?
[01:13:14.480 --> 01:13:17.480]  Somebody snuck in when I wasn't looking.
[01:13:17.480 --> 01:13:22.480]  I bet you wear both suspenders and a belt, don't you?
[01:13:22.480 --> 01:13:26.480]  Yes. And who was it? W.C. Fields said,
[01:13:26.480 --> 01:13:32.480]  never trust a man who wears suspenders and a belt.
[01:13:32.480 --> 01:13:35.480]  He doesn't trust anything.
[01:13:35.480 --> 01:13:38.480]  Okay. Thank you very much, Chris.
[01:13:38.480 --> 01:13:42.480]  And we look forward to hearing how yours works out.
[01:13:42.480 --> 01:13:44.480]  All right. Thank you, Randy.
[01:13:44.480 --> 01:13:47.480]  All righty. Now we're going to go to...
[01:13:47.480 --> 01:13:52.480]  Oh, our phones have shifted around.
[01:13:52.480 --> 01:13:57.480]  Looks like the newest, oldest one is James in Texas.
[01:13:57.480 --> 01:13:59.480]  Hello, James.
[01:13:59.480 --> 01:14:03.480]  Good evening, Randy. Good evening, Jeff.
[01:14:03.480 --> 01:14:06.480]  Good evening.
[01:14:06.480 --> 01:14:10.480]  So what words of wisdom do you have for us today?
[01:14:10.480 --> 01:14:14.480]  I've got a couple of interesting scenarios to look at.
[01:14:14.480 --> 01:14:19.480]  Since he said Fannie Mae, go to the Fannie Mae purchasing guidelines
[01:14:19.480 --> 01:14:24.480]  and it will tell them that they're going to buy the interest in the note
[01:14:24.480 --> 01:14:28.480]  and that they will get the note and the mortgage
[01:14:28.480 --> 01:14:33.480]  with the mortgage being in recordable form.
[01:14:33.480 --> 01:14:39.480]  Did that mortgage ever get out of recordable form into public records?
[01:14:39.480 --> 01:14:41.480]  I doubt it.
[01:14:41.480 --> 01:14:44.480]  And like Jeff said, that will go right straight to discovery.
[01:14:44.480 --> 01:14:47.480]  Now we'll go back to the mortgage itself.
[01:14:47.480 --> 01:14:53.480]  Usually somewhere in Covenant 15 to 18 in there,
[01:14:53.480 --> 01:14:55.480]  and I've read a lot of them,
[01:14:55.480 --> 01:15:00.480]  they come back and say the note and the mortgage are severable.
[01:15:00.480 --> 01:15:06.480]  Well, under common law with carpenter versus log, that's impossible.
[01:15:06.480 --> 01:15:12.480]  And under statutory law under UCC for the note, that's impossible.
[01:15:12.480 --> 01:15:16.480]  So you've got common law and you've got statutory law.
[01:15:16.480 --> 01:15:21.480]  Now with common law, do you have due process of law and all of that
[01:15:21.480 --> 01:15:26.480]  as suggested by the 800th celebration of the Magna Carta?
[01:15:26.480 --> 01:15:27.480]  No, you do not.
[01:15:27.480 --> 01:15:31.480]  But under constitutional law, you do have a right to due process of law.
[01:15:31.480 --> 01:15:34.480]  Keep it to constitutional statutory law,
[01:15:34.480 --> 01:15:37.480]  and that's where Jeff is going with the FDCPA.
[01:15:37.480 --> 01:15:41.480]  He's keeping it under constitutional law.
[01:15:41.480 --> 01:15:45.480]  There can be issues there.
[01:15:45.480 --> 01:15:48.480]  Now the other thing is when you look at the note itself,
[01:15:48.480 --> 01:15:51.480]  the note sits there and defines presentment,
[01:15:51.480 --> 01:15:58.480]  and its definition is different than the UCC-1 or Uniform Commercial Code
[01:15:58.480 --> 01:16:03.480]  and the state's adopted versions, Article 3 in Section 1.
[01:16:03.480 --> 01:16:05.480]  3-501.
[01:16:05.480 --> 01:16:11.480]  And if you look further into UCC Article 3,
[01:16:11.480 --> 01:16:16.480]  you'll find out that you cannot contract around good faith and fair dealings.
[01:16:16.480 --> 01:16:24.480]  Are they doing that with their interest and their late fees and so forth?
[01:16:24.480 --> 01:16:28.480]  And I know it was a lot said real fast, Randy.
[01:16:28.480 --> 01:16:31.480]  There were five things that I had.
[01:16:31.480 --> 01:16:33.480]  Recordable form.
[01:16:33.480 --> 01:16:37.480]  Switch over to another thing as to your intangible.
[01:16:37.480 --> 01:16:38.480]  Hang on, hang on.
[01:16:38.480 --> 01:16:39.480]  We're about to go to break.
[01:16:39.480 --> 01:16:41.480]  Randy Kelton, Google Law Radio.
[01:16:41.480 --> 01:16:45.480]  I'll call you number 512-646-1984.
[01:16:45.480 --> 01:16:46.480]  Give us a call.
[01:16:46.480 --> 01:16:48.480]  We'll keep the phone lines open all night.
[01:16:48.480 --> 01:17:00.480]  We'll be right back.
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[01:19:00.480 --> 01:19:11.480]  This is the Logos Radio Network.
[01:19:11.480 --> 01:19:40.480]  Okay, we are back.
[01:19:40.480 --> 01:19:48.480]  That was a mouthful, James.
[01:19:48.480 --> 01:19:51.480]  I hate using analogies, but I don't know any other way to do it.
[01:19:51.480 --> 01:19:58.480]  But let's just, for example, a hard analogy of a police badge being of gold.
[01:19:58.480 --> 01:20:05.480]  Now, the police officer can pledge that gold badge for its value of gold,
[01:20:05.480 --> 01:20:11.480]  but that pledge does not carry the rights for another party to use that badge
[01:20:11.480 --> 01:20:18.480]  unless he complies with all applicable laws to have the rights to wear that badge.
[01:20:18.480 --> 01:20:23.480]  Now, that same analogy with the sub-analogy would be equivalent to a driver's license,
[01:20:23.480 --> 01:20:26.480]  Social Security number, or military ID.
[01:20:26.480 --> 01:20:30.480]  Just because you possess one of those and you use it as collateral to somebody
[01:20:30.480 --> 01:20:35.480]  doesn't give that party a right to use those instruments without compliance
[01:20:35.480 --> 01:20:38.480]  with all applicable law.
[01:20:38.480 --> 01:20:41.480]  They don't do that.
[01:20:41.480 --> 01:20:47.480]  Okay, you're saying just because I'm holding that badge,
[01:20:47.480 --> 01:20:51.480]  that doesn't mean I can do anything that I want to.
[01:20:51.480 --> 01:20:53.480]  That would be correct.
[01:20:53.480 --> 01:21:04.480]  You can pledge that badge for the gold value of it, which would be an intangible obligation
[01:21:04.480 --> 01:21:09.480]  that you're going to get a payment stream from it that you pledged to somebody,
[01:21:09.480 --> 01:21:16.480]  but you cannot pledge the rights within that badge to an intangible obligee.
[01:21:16.480 --> 01:21:19.480]  You don't have the right to do that.
[01:21:19.480 --> 01:21:27.480]  Constitutional law determines who has the rights to exercise the power of a badge.
[01:21:27.480 --> 01:21:34.480]  Okay, how does that apply to a mortgage?
[01:21:34.480 --> 01:21:41.480]  Here, I'm not sure if you're speaking to the covenants of the deed of trust
[01:21:41.480 --> 01:21:45.480]  or you're speaking to the income stream.
[01:21:45.480 --> 01:21:51.480]  I'm speaking to the mortgage deed of trust itself, which is nothing but a lien.
[01:21:51.480 --> 01:22:00.480]  You can pledge a lien all day long to the intangible obligee,
[01:22:00.480 --> 01:22:05.480]  who then switches hat becomes an account debtor or the intangible obligor,
[01:22:05.480 --> 01:22:11.480]  and he pledges that mortgage as personal property to the intangible obligee.
[01:22:11.480 --> 01:22:19.480]  He did not pledge the rights within the mortgage itself,
[01:22:19.480 --> 01:22:24.480]  and that's where if you look at it as the police officer with a gold badge,
[01:22:24.480 --> 01:22:28.480]  he can sell the gold badge to whoever he wants to,
[01:22:28.480 --> 01:22:32.480]  and they can sit there and pledge that as collateral for the value of the gold,
[01:22:32.480 --> 01:22:35.480]  but not for the rights the badge carries.
[01:22:35.480 --> 01:22:36.480]  He can't do it.
[01:22:36.480 --> 01:22:46.480]  How is the holder of the income stream restricted in what he can do?
[01:22:46.480 --> 01:22:54.480]  The holder of the income stream is restricted by he doesn't have rights to the documents
[01:22:54.480 --> 01:22:59.480]  unless there is compliance with all applicable law to give him rights
[01:22:59.480 --> 01:23:05.480]  to have that capability to use that analogy any way he wants to.
[01:23:05.480 --> 01:23:12.480]  So if you do some work for me or say I do some work for you
[01:23:12.480 --> 01:23:19.480]  and I have these accounts receivables from you and I go sell them to the bank,
[01:23:19.480 --> 01:23:23.480]  what duty do you have to deal with the bank?
[01:23:23.480 --> 01:23:25.480]  I don't have anything to do with the bank.
[01:23:25.480 --> 01:23:26.480]  Nothing.
[01:23:26.480 --> 01:23:28.480]  That's your pledge to the bank.
[01:23:28.480 --> 01:23:30.480]  That's your legal obligation.
[01:23:30.480 --> 01:23:36.480]  So what power does the bank then have to come to you and collect your debt from you
[01:23:36.480 --> 01:23:38.480]  that you actually owe to me?
[01:23:38.480 --> 01:23:40.480]  They can't do that.
[01:23:40.480 --> 01:23:45.480]  I mean, you also have to look at these mortgages are nothing but liens.
[01:23:45.480 --> 01:23:48.480]  Consider a material man's lien.
[01:23:48.480 --> 01:23:55.480]  Just because some herky-jerky out there bought the rights or bought the paper to the lien
[01:23:55.480 --> 01:23:59.480]  doesn't mean he bought the rights to the lien.
[01:23:59.480 --> 01:24:01.480]  He bought the rights.
[01:24:01.480 --> 01:24:06.480]  Essentially we're always talking about factoring here.
[01:24:06.480 --> 01:24:09.480]  He bought the rights to...
[01:24:09.480 --> 01:24:13.480]  It's your purchase money security obligation.
[01:24:13.480 --> 01:24:17.480]  He bought the right to receive the income.
[01:24:17.480 --> 01:24:20.480]  But then this has been my question before.
[01:24:20.480 --> 01:24:23.480]  Just because he bought the right to receive the income,
[01:24:23.480 --> 01:24:27.480]  when I contracted, I didn't contract with this guy.
[01:24:27.480 --> 01:24:30.480]  I didn't agree to do business with this guy.
[01:24:30.480 --> 01:24:36.480]  So how do I get leveraged into doing business with this third party?
[01:24:36.480 --> 01:24:44.480]  You don't get leveraged to be dealing with a party that you don't have a contractual issue with
[01:24:44.480 --> 01:24:49.480]  unless you followed all applicable laws to give you that right.
[01:24:49.480 --> 01:24:53.480]  They didn't follow all applicable laws to obtain a right.
[01:24:53.480 --> 01:25:00.480]  As the intangible obligee, the purchaser of the payment stream,
[01:25:00.480 --> 01:25:09.480]  to go after the original restaurant that pledged the food fees.
[01:25:09.480 --> 01:25:14.480]  Somebody else in the middle sit there and says, I want to sit there.
[01:25:14.480 --> 01:25:18.480]  You got to remember there is three parties here.
[01:25:18.480 --> 01:25:22.480]  The obligor, which is the homeowner.
[01:25:22.480 --> 01:25:27.480]  The tangible obligee, who can switch hats to the account debtor,
[01:25:27.480 --> 01:25:30.480]  which is the tangible obligor.
[01:25:30.480 --> 01:25:32.480]  Then when he switches hats, he becomes the...
[01:25:32.480 --> 01:25:34.480]  Excuse me.
[01:25:34.480 --> 01:25:36.480]  He's the tangible obligee.
[01:25:36.480 --> 01:25:38.480]  When he switches hats, he becomes the account debtor.
[01:25:38.480 --> 01:25:40.480]  The intangible obligor.
[01:25:40.480 --> 01:25:44.480]  He's the one that sells to the intangible obligee,
[01:25:44.480 --> 01:25:49.480]  that securitizes everything.
[01:25:49.480 --> 01:25:52.480]  So there's another contract there.
[01:25:52.480 --> 01:25:59.480]  But my duty to pay stays with the original obligee.
[01:25:59.480 --> 01:26:05.480]  I didn't contract with this third party unless that goes to the right to sell.
[01:26:05.480 --> 01:26:09.480]  Now if you've got an intangible obligee coming straight for you
[01:26:09.480 --> 01:26:12.480]  without support of all applicable laws,
[01:26:12.480 --> 01:26:15.480]  he's got no right to come after you whatsoever.
[01:26:15.480 --> 01:26:18.480]  He could go after the account debtor, the intangible obligor,
[01:26:18.480 --> 01:26:23.480]  because he's the one that pledged the paper and the payment stream.
[01:26:23.480 --> 01:26:31.480]  And if the intangible obligee cannot just go straight through the intangible obligee
[01:26:31.480 --> 01:26:34.480]  to get to the tangible obligor, can't happen.
[01:26:34.480 --> 01:26:42.480]  So I sell your debt to the bank if you don't pay...
[01:26:42.480 --> 01:26:44.480]  No, you don't sell my debt to the bank.
[01:26:44.480 --> 01:26:46.480]  You sell an intangible obligor.
[01:26:46.480 --> 01:26:48.480]  Let's not be pedantic.
[01:26:48.480 --> 01:26:52.480]  I factor my accounts receivable to the bank.
[01:26:52.480 --> 01:26:54.480]  Okay, it's an account receivable.
[01:26:54.480 --> 01:26:57.480]  You're selling your account receivable to a bank.
[01:26:57.480 --> 01:27:01.480]  The bank does...hold on, hold on.
[01:27:01.480 --> 01:27:08.480]  The bank, because I sold my accounts receivable to the bank,
[01:27:08.480 --> 01:27:15.480]  how did I obligate you to deal with the bank if you're not paying the note?
[01:27:15.480 --> 01:27:18.480]  You would think that the bank would have to come to me and say,
[01:27:18.480 --> 01:27:20.480]  I'm not getting paid on the note.
[01:27:20.480 --> 01:27:22.480]  You need to go do something.
[01:27:22.480 --> 01:27:24.480]  The bank has no problem with me.
[01:27:24.480 --> 01:27:28.480]  The bank has a problem with you, and you have a problem with me.
[01:27:28.480 --> 01:27:31.480]  But the bank cannot come directly to me.
[01:27:31.480 --> 01:27:35.480]  It has to go through the proper chain of channels.
[01:27:35.480 --> 01:27:40.480]  And that's why we're challenging standing.
[01:27:40.480 --> 01:27:43.480]  Yeah, they don't have standing.
[01:27:43.480 --> 01:27:49.480]  I'm seeing capacity as an intangible obligee to come after the tangible obligor.
[01:27:49.480 --> 01:27:51.480]  That's just stretching it too far.
[01:27:51.480 --> 01:27:52.480]  There's a middleman in there.
[01:27:52.480 --> 01:27:56.480]  They're leaving out the obligated tool.
[01:27:56.480 --> 01:28:00.480]  Yes, I have a note I looked at today.
[01:28:00.480 --> 01:28:05.480]  They got a HELOC, a home equity loan with Bank of America.
[01:28:05.480 --> 01:28:17.480]  And they have some other company filing suit in the state court to enforce the home equity loan.
[01:28:17.480 --> 01:28:20.480]  And we're saying, who are you guys?
[01:28:20.480 --> 01:28:27.480]  Well, the borrower has all of these letters where they gave them notice
[01:28:27.480 --> 01:28:31.480]  that they were changing servicers and all this other stuff.
[01:28:31.480 --> 01:28:33.480]  So what?
[01:28:33.480 --> 01:28:40.480]  The only thing I can hear about is what's in the public record.
[01:28:40.480 --> 01:28:42.480]  Back to 13.001.
[01:28:42.480 --> 01:28:47.480]  They're to be compliant with all applicable law.
[01:28:47.480 --> 01:28:50.480]  Well, we don't even have to get there.
[01:28:50.480 --> 01:28:56.480]  When I go look in the record in this case, I see a HELOC loan by Bank of America,
[01:28:56.480 --> 01:28:59.480]  and I don't see anything else.
[01:28:59.480 --> 01:29:09.480]  So according to 13.001, the only entity that has any claim against this property, Bank of America.
[01:29:09.480 --> 01:29:13.480]  Bank of America is not the one filing that action.
[01:29:13.480 --> 01:29:19.480]  Now, you've got to also take into account if they misfiled an instrument
[01:29:19.480 --> 01:29:26.480]  that was not eligible for recording for unjust enrichment or to protect their own ass.
[01:29:26.480 --> 01:29:29.480]  What kind of document was that?
[01:29:29.480 --> 01:29:32.480]  Was it eligible to be filed?
[01:29:32.480 --> 01:29:34.480]  I mean, you've got to go back and look at it.
[01:29:34.480 --> 01:29:37.480]  What does that mean? What does that mean?
[01:29:37.480 --> 01:29:42.480]  Okay. Since Fannie Mae was addressed in this last phone call, Fannie Mae...
[01:29:42.480 --> 01:29:45.480]  Wait a minute. Hang on. Hang on. We're about to go to break.
[01:29:45.480 --> 01:29:47.480] ...will be mortgage and...
[01:29:47.480 --> 01:29:50.480]  Okay. This is Randy Kelton, Wheelbar Radio.
[01:29:50.480 --> 01:29:53.480]  I call the number 512-646-1984.
[01:29:53.480 --> 01:29:56.480]  We'll be right back.
[01:30:01.480 --> 01:30:03.480]  For the first time in a thousand years,
[01:30:03.480 --> 01:30:08.480]  an ancient British university has changed its dress code in a very bizarre way.
[01:30:08.480 --> 01:30:10.480]  I'm Dr. Catherine Albrecht.
[01:30:10.480 --> 01:30:16.480]  Back to tell how Oxford University is rewriting the rules for school attire in a moment.
[01:30:16.480 --> 01:30:18.480]  Privacy is under attack.
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[01:30:28.480 --> 01:30:32.480]  Say no to surveillance and keep your information to yourself.
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[01:30:41.480 --> 01:30:45.480]  Start over with StartPage.
[01:30:45.480 --> 01:30:49.480]  For centuries, Oxford students have worn distinctive academic uniforms,
[01:30:49.480 --> 01:30:54.480]  but now the university has rewritten its dress code to accommodate cross-dressing.
[01:30:54.480 --> 01:30:59.480]  The dress code is serious business at Oxford, which expels students who violate it.
[01:30:59.480 --> 01:31:03.480]  For a thousand years, male students have worn dark suits and socks,
[01:31:03.480 --> 01:31:06.480]  white bow ties, and collars beneath black gowns.
[01:31:06.480 --> 01:31:12.480]  Women have worn dark skirts or trousers, white blouses, black hair ribbons, and black stockings.
[01:31:12.480 --> 01:31:18.480]  But now, men can don those skirts and stockings, and women can sport suits and white bow ties.
[01:31:18.480 --> 01:31:23.480]  But somehow, I don't think that's what the Oxford dress code founders had in mind.
[01:31:23.480 --> 01:31:30.480]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[01:31:30.480 --> 01:31:36.480]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:36.480 --> 01:31:38.480]  The government says that fire brought it down.
[01:31:38.480 --> 01:31:43.480]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[01:31:43.480 --> 01:31:46.480]  Over 6,000 of my fellow service members have given their lives.
[01:31:46.480 --> 01:31:49.480]  Thousands of my fellow first responders are dying.
[01:31:49.480 --> 01:31:50.480]  I'm not a conspiracy theorist.
[01:31:50.480 --> 01:31:51.480]  I'm a structural engineer.
[01:31:51.480 --> 01:31:52.480]  I'm a New York City correction office.
[01:31:52.480 --> 01:31:53.480]  I'm an Air Force pilot.
[01:31:53.480 --> 01:31:55.480]  I'm a father who lost his son.
[01:31:55.480 --> 01:31:58.480]  We're Americans, and we deserve the truth.
[01:31:58.480 --> 01:32:01.480]  Go to RememberBuilding7.org today.
[01:32:01.480 --> 01:32:03.480]  Hey, it's Danny here for Hill Country Home Improvements.
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[01:32:09.480 --> 01:32:11.480]  but good luck getting them to pay for it.
[01:32:11.480 --> 01:32:14.480]  Okay, I might be kidding about the chemtrails, but I'm serious about your roof.
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[01:32:44.480 --> 01:32:46.480]  to help continue this programming.
[01:32:46.480 --> 01:32:51.480]  So if those out-of-town roofers come knocking, your door should be locking.
[01:32:51.480 --> 01:32:57.480]  That's 512-992-8745 or hillcountryhomeimprovements.com.
[01:32:57.480 --> 01:32:59.480]  Discounts are based on full roof replacement.
[01:32:59.480 --> 01:33:03.480]  May not actually be kidding about chemtrails.
[01:33:03.480 --> 01:33:05.480]  Looking for some truth?
[01:33:05.480 --> 01:33:11.480]  You found it, logosradionetwork.com.
[01:33:36.480 --> 01:33:38.480]  Okay, we are back.
[01:33:38.480 --> 01:33:40.480]  Randy Chilton, Google Our Radio.
[01:33:40.480 --> 01:33:43.480]  We're talking to James in Texas.
[01:33:43.480 --> 01:33:46.480]  Okay, James, we're kind of going over...
[01:33:46.480 --> 01:33:52.480]  Okay, I'm going to get back to Fannie Mae's purchasing guidelines.
[01:33:52.480 --> 01:33:56.480]  They said, they point blank in those purchasing guidelines,
[01:33:56.480 --> 01:33:59.480]  said that they are going to buy an interest in the note,
[01:33:59.480 --> 01:34:01.480]  or they're going to buy the note,
[01:34:01.480 --> 01:34:06.480]  and they want the mortgage in recordable form.
[01:34:06.480 --> 01:34:08.480]  Okay, now...
[01:34:08.480 --> 01:34:12.480]  That was a question I had that I didn't get to ask.
[01:34:12.480 --> 01:34:16.480]  What does recordable form mean?
[01:34:16.480 --> 01:34:23.480]  Under common law, that contract is viable between the parties.
[01:34:23.480 --> 01:34:27.480]  That's between the account debtor and the intangible obligate,
[01:34:27.480 --> 01:34:31.480]  the one that's sitting there and pledged the personal property...
[01:34:31.480 --> 01:34:32.480]  Okay, hold on, hold on.
[01:34:32.480 --> 01:34:35.480]  You're using a pro now.
[01:34:35.480 --> 01:34:40.480]  That contract, are you talking about the deed of trust or some other contract?
[01:34:40.480 --> 01:34:43.480]  I'm talking about the deed of trust, the mortgage, the lien.
[01:34:43.480 --> 01:34:46.480]  It doesn't matter.
[01:34:46.480 --> 01:34:50.480]  And my question is, what does recordable form mean?
[01:34:50.480 --> 01:34:56.480]  Recordable form means it's filled out, ready to be sent to the recorder
[01:34:56.480 --> 01:34:59.480]  to perfect your lien rights.
[01:34:59.480 --> 01:35:03.480]  Okay, so you're talking about an assignment.
[01:35:03.480 --> 01:35:08.480]  An assignment is in recordable form.
[01:35:08.480 --> 01:35:10.480]  It's not filed of record.
[01:35:10.480 --> 01:35:14.480]  Under common law, it's valid between the parties,
[01:35:14.480 --> 01:35:18.480]  between the account debtor and the intangible obligate.
[01:35:18.480 --> 01:35:21.480]  Without compliance with other applicable laws,
[01:35:21.480 --> 01:35:26.480]  it is not binding between the intangible obligate and the tangible obligor,
[01:35:26.480 --> 01:35:32.480]  which is the homeowner, or the trust, or the bank, or anybody else.
[01:35:32.480 --> 01:35:41.480]  So as far as the seller of the guy who factored the accounts receivable
[01:35:41.480 --> 01:35:47.480]  or the guy who bought it, the contract is valid between those two.
[01:35:47.480 --> 01:35:52.480]  But until it's filed in the public record, he does not become a successor
[01:35:52.480 --> 01:35:58.480]  or a side that would transfer some obligation back to the original borrower.
[01:35:58.480 --> 01:36:02.480]  Is that essentially correct?
[01:36:02.480 --> 01:36:10.480]  That factorer then sits there and sells the accounts receivable to a purchaser.
[01:36:10.480 --> 01:36:18.480]  Okay, for that purchaser to perfect his rights to me who contracted with you
[01:36:18.480 --> 01:36:22.480]  on the accounts receivable, for him to have a secured claim against me,
[01:36:22.480 --> 01:36:27.480]  he needs to file of record to give constructive notice.
[01:36:27.480 --> 01:36:33.480]  He has a contract between, the purchaser has a contract between him and you,
[01:36:33.480 --> 01:36:36.480]  which you granted him, but he doesn't have a right to me
[01:36:36.480 --> 01:36:40.480]  without compliance with all applicable laws.
[01:36:40.480 --> 01:36:43.480]  I was trying to get to understand recordable forms.
[01:36:43.480 --> 01:36:56.480]  So recordable form is the one who sells the tangible, the right to be paid,
[01:36:56.480 --> 01:37:04.480]  he must provide the other party with a document that he can record in the record.
[01:37:04.480 --> 01:37:11.480]  An assignment of mortgage that is filled out in recordable form.
[01:37:11.480 --> 01:37:14.480]  Okay, that was the problem I had because we're talking about deed of trust
[01:37:14.480 --> 01:37:18.480]  and recordable form, I was trying to get what that meant.
[01:37:18.480 --> 01:37:22.480]  That means an assignment of the deed of trust.
[01:37:22.480 --> 01:37:30.480]  Correct, is given to the purchaser, the intangible purchaser in recordable form.
[01:37:30.480 --> 01:37:37.480]  So Fannie Mae got it, but I've never seen where they filed it.
[01:37:37.480 --> 01:37:43.480]  Not Fannie Mae, I've never seen Fannie Mae, an assignment to Fannie Mae in the record.
[01:37:43.480 --> 01:37:47.480]  No, you never will either, because like one of the professors told me,
[01:37:47.480 --> 01:37:56.480]  this was designed to be so complex that nobody was to understand it.
[01:37:56.480 --> 01:37:59.480]  Well, I feel better now.
[01:37:59.480 --> 01:38:05.480]  Fannie Mae bought the rights to the payment stream and the rights to personal property
[01:38:05.480 --> 01:38:12.480]  and that personal property included an assignment of the mortgage in recordable form.
[01:38:12.480 --> 01:38:16.480]  Now you go back to look at Uniform Commercial Code Article 3.
[01:38:16.480 --> 01:38:22.480]  If Fannie Mae's already bought the interest, the payment stream from that note,
[01:38:22.480 --> 01:38:30.480]  under UCC Article 3, 3203D, how do you negotiate the note for less than full value?
[01:38:30.480 --> 01:38:35.480]  You can't do it.
[01:38:35.480 --> 01:38:39.480]  Okay, 332D.
[01:38:39.480 --> 01:38:42.480]  3203 Delta.
[01:38:42.480 --> 01:38:46.480]  3203 Delta.
[01:38:46.480 --> 01:38:51.480]  This is one, okay.
[01:38:51.480 --> 01:38:54.480]  Joe Esquivel talks about it all the time.
[01:38:54.480 --> 01:39:04.480]  Okay, for the most part, when I work with these, I never get that far.
[01:39:04.480 --> 01:39:06.480]  No, and I agree with Jeff.
[01:39:06.480 --> 01:39:10.480]  Just hit him with an FDCPA complaint and just nail him there,
[01:39:10.480 --> 01:39:14.480]  and that's not my area of expertise or my beta wig.
[01:39:14.480 --> 01:39:16.480]  I'll leave that to the experts in that area.
[01:39:16.480 --> 01:39:22.480]  My area is complicated enough.
[01:39:22.480 --> 01:39:26.480]  Well, we're trying to uncomplicate things here.
[01:39:26.480 --> 01:39:28.480]  Too many areas of law.
[01:39:28.480 --> 01:39:31.480]  It's been too compartmentalized.
[01:39:31.480 --> 01:39:40.480]  We're working on some technologies to take that apart and make it less compartmentalized.
[01:39:40.480 --> 01:39:43.480]  Okay, now he also said something about bankruptcy.
[01:39:43.480 --> 01:39:49.480]  Now you need to look at Rule 3001, Subsection Delta, and the bankruptcy code.
[01:39:49.480 --> 01:39:52.480]  If they sit there and say it's a secured claim,
[01:39:52.480 --> 01:40:02.480]  where is there proof that it's a secured claim under Rule 3001, Subsection Delta?
[01:40:02.480 --> 01:40:04.480]  Do you have that in front of you?
[01:40:04.480 --> 01:40:09.480]  Can you read that to me?
[01:40:09.480 --> 01:40:11.480]  Randy, I'll let some other callers come in.
[01:40:11.480 --> 01:40:14.480]  I've given you enough to think about tonight.
[01:40:14.480 --> 01:40:16.480]  Okay, thank you very much.
[01:40:16.480 --> 01:40:18.480]  I'll talk to you later. Bye.
[01:40:18.480 --> 01:40:21.480]  Okay, we're going to go to Terry in Missouri.
[01:40:21.480 --> 01:40:23.480]  Hello, Terry.
[01:40:23.480 --> 01:40:27.480]  Yeah, good evening, Randy, and thanks for taking my call.
[01:40:27.480 --> 01:40:32.480]  I don't believe I've talked to you for now in about a month on the American Credit Reporting Act case.
[01:40:32.480 --> 01:40:36.480]  I want to bring you up to speed here, and I've got some questions for you.
[01:40:36.480 --> 01:40:39.480]  I've got my motion to vacate done.
[01:40:39.480 --> 01:40:43.480]  I also have the motion to get the judge disqualified done.
[01:40:43.480 --> 01:40:51.480]  I also have the complaint, nearly the criminal misconduct complaint against the judge.
[01:40:51.480 --> 01:40:52.480]  That's nearly done.
[01:40:52.480 --> 01:40:56.480]  That will be filed with the magistrate judge in St. Louis, Missouri,
[01:40:56.480 --> 01:41:00.480]  under a cannons complaint against this judge.
[01:41:00.480 --> 01:41:09.480]  And here's what happened on this 16-page order from this judge who dismissed my complaint.
[01:41:09.480 --> 01:41:17.480]  From every angle that I've looked at the evidence, he lied and made up an order.
[01:41:17.480 --> 01:41:25.480]  And, excuse me, what I want to know here is I'm on my second amended complaint.
[01:41:25.480 --> 01:41:34.480]  Once this order is vacated for fraud on the court, I'm going after him and the lawyer.
[01:41:34.480 --> 01:41:40.480]  They've met every one of the five elements under Rule 60D3,
[01:41:40.480 --> 01:41:52.480]  and the attorney and the judge, again, have met all the elements under Rule 60B2 through B6 for...
[01:41:52.480 --> 01:42:02.480]  Oh, my God, due process, rule violations, not showing up at mediation, you name it.
[01:42:02.480 --> 01:42:05.480]  Then they both have met the elements.
[01:42:05.480 --> 01:42:07.480]  The judge fabricated an order.
[01:42:07.480 --> 01:42:19.480]  So my question is that after I've also found out that this credit card application is a counterfeit,
[01:42:19.480 --> 01:42:25.480]  I have right here in my hot little hands three affidavits from the Missouri Secretary of State
[01:42:25.480 --> 01:42:32.480]  declaring that that company on the first page does not exist.
[01:42:32.480 --> 01:42:37.480]  It has not been chartered since 1971.
[01:42:37.480 --> 01:42:43.480]  Then on page seven and eight of the same identical credit card application,
[01:42:43.480 --> 01:42:48.480]  in the bold print, it has another company.
[01:42:48.480 --> 01:42:58.480]  Now, the Missouri Division of Finance won't answer any of the Missouri Sunshine Law requests pertaining to this.
[01:42:58.480 --> 01:43:01.480]  And me and three other people have sent them similar requests.
[01:43:01.480 --> 01:43:04.480]  They will not answer them.
[01:43:04.480 --> 01:43:05.480]  So they know all about it.
[01:43:05.480 --> 01:43:07.480]  They obviously must be involved in it.
[01:43:07.480 --> 01:43:08.480]  I don't know...
[01:43:08.480 --> 01:43:10.480]  Wait a minute, hold on.
[01:43:10.480 --> 01:43:17.480]  What duty do they have to answer?
[01:43:17.480 --> 01:43:22.480]  Well, I'm inquiring from them if this company exists in their...
[01:43:22.480 --> 01:43:23.480]  Hold on, hold on.
[01:43:23.480 --> 01:43:25.480]  You didn't answer my question.
[01:43:25.480 --> 01:43:26.480]  I don't know.
[01:43:26.480 --> 01:43:29.480]  I had a good reason to go here.
[01:43:29.480 --> 01:43:32.480]  What duty do they have to respond?
[01:43:32.480 --> 01:43:38.480]  So under what authority would you make a request?
[01:43:38.480 --> 01:43:39.480]  Hang on.
[01:43:39.480 --> 01:43:40.480]  We're about to go to break.
[01:43:40.480 --> 01:43:46.480]  Randy Kellett, Helton Blue Bar Radio, here with our special guest, Mr. Jeff Sedgwick.
[01:43:46.480 --> 01:43:48.480]  You'll be right back.
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[01:44:29.480 --> 01:44:30.480]  But there is hope.
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[01:44:43.480 --> 01:44:54.480]  If you or anybody you know suffers from stupidity, then you need to call 512-480-2503 or visit them at 1904guadalupe or bravenewbookstore.com.
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[01:45:00.480 --> 01:45:03.480]  Are you the plaintiff or defendant in a lawsuit?
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[01:46:04.480 --> 01:46:21.480]  Thank you very much.
[01:46:34.480 --> 01:46:37.480]  So, shall we read?
[01:46:37.480 --> 01:46:42.480]  The words of literature from so many schools, so much skill put on.
[01:46:42.480 --> 01:46:46.480]  Oh, how we read.
[01:46:46.480 --> 01:46:51.480]  Try as we slip, turn small steps to try and read.
[01:46:51.480 --> 01:46:55.480]  The number one course around points around the world.
[01:46:55.480 --> 01:47:18.480]  Oh, so shall we read.
[01:47:18.480 --> 01:47:29.480]  Okay, we are back.
[01:47:29.480 --> 01:47:31.480]  Randy Kelton, Rule of Law Radio.
[01:47:31.480 --> 01:47:36.480]  And we heard what Jeff said, but then on the break, we were talking some more about recordable form.
[01:47:36.480 --> 01:47:42.480]  Right there, you made a statement about recordable form.
[01:47:42.480 --> 01:47:46.480]  Signed, dated, notarized.
[01:47:46.480 --> 01:47:54.480]  Will you go back to that?
[01:47:54.480 --> 01:47:56.480]  You there, Jeff?
[01:47:56.480 --> 01:47:57.480]  I am.
[01:47:57.480 --> 01:48:00.480]  I didn't realize you were talking to me.
[01:48:00.480 --> 01:48:08.480]  Yeah, I was talking to you about we're trying to figure out what recordable form could mean.
[01:48:08.480 --> 01:48:10.480]  What else would be required?
[01:48:10.480 --> 01:48:12.480]  I don't know.
[01:48:12.480 --> 01:48:16.480]  What does Fannie Mae require?
[01:48:16.480 --> 01:48:18.480]  We need some definitions here.
[01:48:18.480 --> 01:48:20.480]  Yeah, that was my issue with that.
[01:48:20.480 --> 01:48:23.480]  That's a term of art, clearly.
[01:48:23.480 --> 01:48:28.480]  It certainly means something to Fannie Mae, and I would expect in their contract somewhere,
[01:48:28.480 --> 01:48:34.480]  they would have a definition of what the recordable form means.
[01:48:34.480 --> 01:48:49.480]  Because if it's not defined and it is a term of art, the contract is unconscionable or unenforceable due to ambiguity.
[01:48:49.480 --> 01:48:50.480]  They have no idea what that means.
[01:48:50.480 --> 01:48:53.480]  You don't know how to meet that requirement of the contract.
[01:48:53.480 --> 01:48:55.480]  You don't know what it means.
[01:48:55.480 --> 01:48:59.480]  And we've been speculating as to what it means.
[01:48:59.480 --> 01:49:01.480]  That's what we're doing right now.
[01:49:01.480 --> 01:49:07.480]  Yeah, kind of the point is when you're reading a contract and you come across a term,
[01:49:07.480 --> 01:49:13.480]  even if it's a common term, but it's used in an unusual way, and there's one in particular,
[01:49:13.480 --> 01:49:22.480]  almost everybody who listens to the show will recognize, and that's nominee.
[01:49:22.480 --> 01:49:31.480]  Now, the sentence says Merge is a nominee for the lender.
[01:49:31.480 --> 01:49:42.480]  But if I look up nominee in Webster's and then I look up nominee in Blacks, I get the same definition.
[01:49:42.480 --> 01:49:52.480]  And that's someone who has been named as a person being considered for a position.
[01:49:52.480 --> 01:50:04.480]  But nothing in the contract indicates that Merge is being considered for a position.
[01:50:04.480 --> 01:50:15.480]  And by the verbiage of the contract, they can't mean either the Webster's or the Blacks' definition of the term.
[01:50:15.480 --> 01:50:21.480]  So they clearly are using this as a term of large.
[01:50:21.480 --> 01:50:24.480]  It's not defined in the mortgage either, is it?
[01:50:24.480 --> 01:50:27.480]  Right. Exactly. It is not.
[01:50:27.480 --> 01:50:39.480]  And in the definition section, they used a term that was used as a term of art and was not defined.
[01:50:39.480 --> 01:50:49.480]  So in a definition where you're defining something, you use a word that's ambiguous so that something is never defined.
[01:50:49.480 --> 01:51:01.480]  When you read a contract, pay attention to words that generally a word is a term of art will kind of give you notice that it's a word.
[01:51:01.480 --> 01:51:06.480]  It's a term of art. And that's why I jumped on recordable form.
[01:51:06.480 --> 01:51:13.480]  That is clearly a term of art. You've got to be real careful with those terms.
[01:51:13.480 --> 01:51:21.480]  You think you know what we're talking about. We're both speaking what sounds like English.
[01:51:21.480 --> 01:51:27.480]  But it's really not English. It's legalese.
[01:51:27.480 --> 01:51:40.480]  And in legalese, when you use a term out of a normal context, or if you use a term for which you have a specific meaning, you must define that meaning.
[01:51:40.480 --> 01:51:45.480]  Otherwise, the contract is unconscionable because it's ambiguous.
[01:51:45.480 --> 01:51:59.480]  If two reasonable persons could come to a different understanding of the meaning of the term, then the contract is ambiguous and unenforceable.
[01:51:59.480 --> 01:52:01.480]  And that's the story of sticking to it.
[01:52:01.480 --> 01:52:08.480]  That's just so everybody knows why we kind of jumped on recordable form so we find out what it means.
[01:52:08.480 --> 01:52:13.480]  Now I'm going to go back to Terry. Where were we, Terry?
[01:52:13.480 --> 01:52:19.480]  You had a question for us, but you kind of got away from it.
[01:52:19.480 --> 01:52:25.480]  Yeah. Well, you'd ask me if the Division of Finance here has a duty to answer my…
[01:52:25.480 --> 01:52:30.480]  Oh, yeah. Okay. Here's where I was going with that.
[01:52:30.480 --> 01:52:31.480]  Yeah?
[01:52:31.480 --> 01:52:37.480]  Open Records Act. You have an Open Records Act in Missouri?
[01:52:37.480 --> 01:52:40.480]  Yes.
[01:52:40.480 --> 01:52:44.480]  Is the Open Records Act a civil statute or criminal?
[01:52:44.480 --> 01:52:46.480]  I didn't hear you, Randy. Repeat.
[01:52:46.480 --> 01:52:48.480]  Yes.
[01:52:48.480 --> 01:52:56.480]  Is the Open Records Act in Missouri a civil statute or a criminal statute?
[01:52:56.480 --> 01:52:59.480]  Okay. Where I'm going here is I'm going to remedy.
[01:52:59.480 --> 01:53:00.480]  Yeah. No.
[01:53:00.480 --> 01:53:12.480]  In the Open Government Act in Texas, right at the very end it says a violation of this act is an act of official misconduct.
[01:53:12.480 --> 01:53:16.480]  An official misconduct in Texas is a Class A misdemeanor.
[01:53:16.480 --> 01:53:21.480]  So does your act have a remedy?
[01:53:21.480 --> 01:53:27.480]  First I was going to go to the duty and then the remedy when they didn't perform the duty.
[01:53:27.480 --> 01:53:28.480]  Right.
[01:53:28.480 --> 01:53:32.480]  Okay. What duty do they have to respond?
[01:53:32.480 --> 01:53:40.480]  It's my understanding that any Missouri bank goes through them and they have to be chartered.
[01:53:40.480 --> 01:53:47.480]  That didn't answer my question. That was an answer, but an answer to a different question.
[01:53:47.480 --> 01:53:48.480]  Okay.
[01:53:48.480 --> 01:54:03.480]  What duty is there in Open Records? Wait. Okay. Hold on. I thought you were making this request of a governmental agency in Missouri.
[01:54:03.480 --> 01:54:07.480]  Yes. It is going to a government agency in Missouri.
[01:54:07.480 --> 01:54:12.480]  Do you have an Open Records Act or an Open Government Act in Missouri?
[01:54:12.480 --> 01:54:14.480]  Yes.
[01:54:14.480 --> 01:54:23.480]  What does it say about the duty of the custodian of the record to produce records?
[01:54:23.480 --> 01:54:31.480]  I'd have to go back to the book in that particular section, but I don't know it by heart right now.
[01:54:31.480 --> 01:54:47.480]  You don't have to know all of it, but there's a certain portion of it, the portion that tells the custodian what he must do when he receives a request.
[01:54:47.480 --> 01:54:59.480]  In Texas, once a custodian has received a request for information, he may make no inquiry of the requester other than to determine his name and the records sought.
[01:54:59.480 --> 01:55:10.480]  He must produce the records within 15 business days unless he has reason to believe that the records are restricted from public disclosure,
[01:55:10.480 --> 01:55:20.480]  in which case he must, within that 15-day period, file a request for an opinion with the Texas State Attorney General.
[01:55:20.480 --> 01:55:27.480]  This is what he must do. He either must release the records or file a request.
[01:55:27.480 --> 01:55:39.480]  He'll look in the Open Records Act for Missouri, first read what his duty is, what time limits he has to perform that duty,
[01:55:39.480 --> 01:55:46.480]  and then go down to the end of it, and it'll tell you if it's a civil or criminal statute.
[01:55:46.480 --> 01:55:51.480]  Okay. Well, I will do that, and that leads me to my next question.
[01:55:51.480 --> 01:55:57.480]  You already know in Missouri that this company is a front. They're not answering,
[01:55:57.480 --> 01:56:03.480]  and the Secretary of State has told me three times that that company has never been in their records.
[01:56:03.480 --> 01:56:06.480]  Okay. Hold on. That brings another question.
[01:56:06.480 --> 01:56:08.480]  Yes.
[01:56:08.480 --> 01:56:17.480]  If a company that has business in the state of Missouri and they're not a national association,
[01:56:17.480 --> 01:56:31.480]  they're not sanctioned by the federal government, what is the remedy for you when you discover that you're dealing with such a company?
[01:56:31.480 --> 01:56:36.480]  I can't hear you again, Randy. You cut out. I'm sorry.
[01:56:36.480 --> 01:56:41.480]  If a company is doing business illegally in the state of Missouri,
[01:56:41.480 --> 01:56:54.480]  and you do business with that company not knowing that they're not authorized to do business in Missouri, what is your remedy?
[01:56:54.480 --> 01:57:00.480]  From what I understand at this point, it could be possibly a recal suit.
[01:57:00.480 --> 01:57:12.480]  No, no, no, no, no. There's going to be a statutory remedy. You need to know what that is.
[01:57:12.480 --> 01:57:25.480]  If they have a requirement to file to do business with the state, they're going to have a consequence for when they don't. You need to find that.
[01:57:25.480 --> 01:57:40.480]  These are some really basic issues you need to get down at because you're doing something here that is absolutely a no-no.
[01:57:40.480 --> 01:57:48.480]  That's the legal term for that. Never make a proactive statement of law out of your own mouth.
[01:57:48.480 --> 01:57:55.480]  Always make it out of the mouth of the legislature or the courts.
[01:57:55.480 --> 01:58:02.480]  When you say you sent them a request for records and they didn't answer it,
[01:58:02.480 --> 01:58:10.480]  what you need to do is say you sent them a request for records under authority of the statute.
[01:58:10.480 --> 01:58:17.480]  They fail to answer it in accordance with this provision of the statute.
[01:58:17.480 --> 01:58:25.480]  There's not as much here you need to know about as you think, but you really need to get that part down.
[01:58:25.480 --> 01:58:28.480]  Especially when we're trying to explain what we're doing.
[01:58:28.480 --> 01:58:33.480]  Then we understand the grounds on which you're basing everything you're doing.
[01:58:33.480 --> 01:58:35.480]  You better understand what we're doing.
[01:58:35.480 --> 01:58:39.480]  We'll pick this up when we come back. This is Graham Kelton here with our radio.
[01:58:39.480 --> 01:58:47.480]  I'll call it number 512-606-1984 and we'll be right back.
[01:59:09.480 --> 01:59:13.480]  First, this new translation is extremely faithful and accurate,
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