ROL_2015-11-05_16k.timecode

[00:00.000 --> 00:05.840]  The following newsflash is brought to you by the Lone Star Lowdown, providing the daily
[00:05.840 --> 00:08.360]  bulletins for the commodities market.
[00:08.360 --> 00:21.320]  Today in history, news updates and the inside scoop into the tides of the alternative.
[00:21.320 --> 00:27.760]  Markets for the 4th of November, 2015, opened up with a gold at $1,107.90 an ounce, silver
[00:27.760 --> 00:35.640]  at $15.11 an ounce, Texas crude $47.90 a barrel, and Bitcoin is up $100 from the 1st of November,
[00:35.640 --> 00:44.720]  currently sitting at about $471 U.S. currency.
[00:44.720 --> 00:50.720]  Today in history, Tuesday, November 4th, 1862, Dr. Richard Gatling patents the Gatling machine
[00:50.720 --> 00:52.120]  gun in Indianapolis.
[00:52.120 --> 00:55.920]  Gatling wrote that he created it to reduce the size of armies and so reduce the number
[00:55.920 --> 01:00.640]  of deaths by combat and disease and to show how futile war is.
[01:00.640 --> 01:04.880]  Richard's Gatling gun was first used in battle by the Union forces against the Confederates
[01:04.880 --> 01:10.360]  during the American Civil War.
[01:10.360 --> 01:15.400]  In recent news, North Carolina Supreme Court State Judge Arnold Jones II was arrested today
[01:15.400 --> 01:20.400]  on charges that he tried to bribe an FBI officer to gather text messages between two phone
[01:20.400 --> 01:22.640]  numbers for a personal family matter.
[01:22.640 --> 01:26.120]  The bribe included cash, money, and a couple cases of beer.
[01:26.120 --> 01:35.520]  He is facing a maximum of 37 years in federal prison if convicted on all charges.
[01:35.520 --> 01:39.200]  A government watchdog group for Reconstruction in Afghanistan announced Monday of this week
[01:39.200 --> 01:44.960]  that U.S. taxpayers got the tab for a $43 million natural gas filling station in Afghanistan,
[01:44.960 --> 01:47.480]  which should have only cost around $500,000.
[01:47.480 --> 01:51.200]  That insult to injury, the multi-million dollar gas station has virtually no value to the
[01:51.200 --> 01:52.200]  average Afghan.
[01:52.200 --> 01:56.680]  A Pentagon task force apparently awarded a $3 million contract to build the station in
[01:56.680 --> 02:01.360]  Shevardgan, Afghanistan, but ended up spending $12 million in construction costs and a whopping
[02:01.360 --> 02:06.200]  $30 million in overhead costs alone between 2011 and 2014.
[02:06.200 --> 02:10.240]  Similar gas stations built in neighboring Pakistan cost a fraction of that, roughly
[02:10.240 --> 02:16.640]  only $500,000 on average.
[02:16.640 --> 02:20.640]  A U.S. infrared satellite detected a mid-air heat flash over the Sinai Peninsula at the
[02:20.640 --> 02:25.440]  same time the Russian Metrojet Flight 9268 crashed in the area this weekend.
[02:25.440 --> 02:28.920]  U.S. intelligence analysis believed that the heat flash could have been from an explosion
[02:28.920 --> 02:33.440]  inside the aircraft, most likely caused from a fuel tank eruption or a bomb.
[02:33.440 --> 02:37.520]  Egyptian forensic experts have also reported that the burns and other injuries on the victims
[02:37.520 --> 02:41.000]  indicated the mid-air explosion might have taken place within the plane itself.
[02:41.000 --> 02:44.560]  And even though the insurgents affiliated with the Islamic State claimed responsibility
[02:44.560 --> 02:48.200]  for the incident, the aircraft's tail, which fell to the ground miles from the rest of
[02:48.200 --> 02:52.200]  the jet, did strike a runway during a landing in Cairo in 2001.
[03:18.800 --> 03:26.800]  Tell me, whatcha gonna do, whatcha gonna do?
[03:26.800 --> 03:32.200]  Bad boys, bad boys, whatcha gonna do, whatcha gonna do when they come for you?
[03:32.200 --> 03:38.000]  Bad boys, bad boys, whatcha gonna do, whatcha gonna do when they come for you?
[03:38.000 --> 03:43.400]  When you were eight and you had bad traits, you'd go to school and learn the golden rules.
[03:43.400 --> 03:48.800]  So why are you acting like a bloody fool?
[03:48.800 --> 03:54.200]  Bad boys, bad boys, whatcha gonna do, whatcha gonna do when they come for you?
[03:54.200 --> 03:59.800]  Bad boys, bad boys, whatcha gonna do, whatcha gonna do when they come for you?
[03:59.800 --> 04:02.600]  You took it on that one, you took it on this one.
[04:02.600 --> 04:17.600]  Okay, howdy, howdy, this is Randy Kelton, Deborah Stevens, Root of Law Radio, on this Thursday, the fifth day of November 2015.
[04:17.600 --> 04:22.800]  And we have the call boards up, gonna keep them up all night.
[04:22.800 --> 04:29.600]  Actually, I'm so anxious to have calls, I've got my call board up twice.
[04:29.600 --> 04:34.000]  So Deborah, does that mean I can take twice as many calls?
[04:34.000 --> 04:35.400]  I guess not.
[04:35.400 --> 04:47.200]  Okay, call board's gonna be open all night, but I'm gonna start talking about what I consider to be another conspiracy.
[04:47.200 --> 05:00.000]  You know, for quite a while I've said that it was my belief that the legislature passed the Consumer Protection Laws,
[05:00.000 --> 05:11.000]  the Real Estate Settlement Procedures Act, Fair Debt Collections Practices Act, and Truthful Inning Act, as song and dance themselves are down your pants.
[05:11.000 --> 05:23.600]  They pretended to give us all of these consumer protections and created a remedy for us.
[05:23.600 --> 05:34.200]  But they set the statute of limitations to exercise those remedies so short that at least in the case of real estate mortgage transactions,
[05:34.200 --> 05:45.800]  the Consumer Protection Laws are almost worthless, that they did a song and dance in front of us waving their arms
[05:45.800 --> 05:57.200]  and telling us what a great thing they were doing for us while they were crafting a remedy for their financial backers, the banksters,
[05:57.200 --> 06:00.800]  that would lead us down the wrong path.
[06:00.800 --> 06:04.400]  I've been researching uniform commercial code.
[06:04.400 --> 06:11.200]  We've had a lot of people talk about UCC and common law and these common law remedies.
[06:11.200 --> 06:18.000]  And if you listen to my show very much, you'll know that when people start talking about common law, I start to tell them,
[06:18.000 --> 06:24.400]  okay, but I am a creature of statute.
[06:24.400 --> 06:27.200]  I don't know what the common law is.
[06:27.200 --> 06:31.400]  They want to show me what it is and nobody's been able to show it to me.
[06:31.400 --> 06:38.000]  They say, well, that's the old English law that was just common knowledge.
[06:38.000 --> 06:44.400]  And I said, no, it's not just common knowledge.
[06:44.400 --> 06:46.800]  It's ruled by judges.
[06:46.800 --> 06:49.000]  That's what common law is.
[06:49.000 --> 06:56.600]  I did a presentment to the Republic of Texas several years ago and they were talking about common law.
[06:56.600 --> 06:58.200]  They were wanting to bring them back to common law.
[06:58.200 --> 07:01.400]  And I asked them, okay, guys, where can I find the common law?
[07:01.400 --> 07:03.400]  Well, it's not written down.
[07:03.400 --> 07:04.000]  What is it?
[07:04.000 --> 07:06.400]  Just something somebody makes up?
[07:06.400 --> 07:14.000]  I said, well, in the common law, the judges ruled on what was right and fair.
[07:14.000 --> 07:17.600]  Give me a break.
[07:17.600 --> 07:26.400]  You've got judges now that won't follow the statute and do whatever the heck they want to and they rule for whoever pays them the most.
[07:26.400 --> 07:35.200]  And you want to get rid of the statutes that we have to hold them to and go back to common law so they can do anything they want to.
[07:35.200 --> 07:38.600]  Well, this has always been my argument about it.
[07:38.600 --> 07:44.000]  And the common law seemed to always closely connected to the UCC.
[07:44.000 --> 07:48.800]  And I had a number of people tell me I should read the UCC.
[07:48.800 --> 07:53.000]  Well, so 900 pages is what the UCC is.
[07:53.000 --> 07:54.800]  I'm sorry, not 900 pages.
[07:54.800 --> 08:01.400]  I downloaded the Texas Business Commerce Code.
[08:01.400 --> 08:02.600]  It was 900 pages.
[08:02.600 --> 08:06.600]  It turned out only 500 pages of that was UCC.
[08:06.600 --> 08:09.600]  The 500 pages is enough.
[08:09.600 --> 08:11.400]  That's a lot.
[08:11.400 --> 08:23.800]  So I did start researching it because I had someone else who brought me a plea thing that wasn't well done.
[08:23.800 --> 08:34.800]  But it went to the singular position that this is my property.
[08:34.800 --> 08:37.600]  It belongs to me.
[08:37.600 --> 08:43.600]  Someone else is making a claim against my property.
[08:43.600 --> 08:46.200]  Prove up your claim against my property.
[08:46.200 --> 08:47.800]  He didn't talk about bifurcation.
[08:47.800 --> 08:51.600]  He didn't talk about, show me the note, any of that.
[08:51.600 --> 08:58.000]  Prove up your claim against my property because you're trying to take my property away from me.
[08:58.000 --> 09:05.600]  And that seemed like a much cleaner issue, way to go about this.
[09:05.600 --> 09:13.400]  I know we've had Dr. Beath on the show and he talked about property rights, how it's the most basic of rights.
[09:13.400 --> 09:18.200]  And in the Constitution and laws, yeah, it is.
[09:18.200 --> 09:19.800]  It's the most basic of rights.
[09:19.800 --> 09:21.200]  It's the right to property.
[09:21.200 --> 09:26.400]  So I began to look into it.
[09:26.400 --> 09:33.800]  And what I found was more than a little bit annoying.
[09:33.800 --> 09:49.600]  What I found in the UCC was everything that I find in Hope at Healer Respondent and all these consumer protection laws.
[09:49.600 --> 09:51.400]  Everything is in the UCC.
[09:51.400 --> 10:04.800]  Everything that's in there, every right the legislature pretended to grant us in the consumer protection laws, it's all in the UCC.
[10:04.800 --> 10:10.200]  Big difference between the UCC and the consumer protection laws.
[10:10.200 --> 10:18.400]  You're not shackled with the set of limitations the way you are with the consumer protection laws.
[10:18.400 --> 10:26.200]  I'm beginning to think that what's really going on here is they're playing by a rabbit.
[10:26.200 --> 10:36.600]  They passed these consumer protection laws because they're federal and they have the federal judges bought and paid for.
[10:36.600 --> 10:42.200]  And the statutory limitations, they got set so short we can't use them.
[10:42.200 --> 10:50.000]  And they're doing all of this to keep us from looking in the Uniform Commercial Code
[10:50.000 --> 10:59.400]  because the Uniform Commercial Code holds their feet to the fire in a way that the consumer protection laws do not.
[10:59.400 --> 11:02.400]  It's a conspiracy, I tell you.
[11:02.400 --> 11:04.800]  I think they set us up.
[11:04.800 --> 11:12.000]  They fed this to us just like they fed MERS to us, just like they fed the show me the note argument to us.
[11:12.000 --> 11:15.400]  Oh, please don't throw me in that bribe hatch.
[11:15.400 --> 11:27.400]  The last thing they want you to do is read the contract, then compare the contract to contract law.
[11:27.400 --> 11:31.200]  I'm suggesting anyone with a foreclosure or issue.
[11:31.200 --> 11:38.800]  Before you start going down these roads with these esoteric, all-encompassing arguments,
[11:38.800 --> 11:43.200]  MERS, bifurcation, show me the note.
[11:43.200 --> 11:58.000]  Before you go there, read your contract and then go read the first three sections of the Uniform Commercial Code.
[11:58.000 --> 12:00.400]  All right, section one, two, and three.
[12:00.400 --> 12:05.200]  They will give you most of what you need in those sections.
[12:05.200 --> 12:09.000]  There are some things that refer to some of the others, but for the most part,
[12:09.000 --> 12:16.000]  most of the protections we find in the consumer protection laws, they're all right there.
[12:16.000 --> 12:17.400]  Right there in the code.
[12:17.400 --> 12:24.800]  Some of them you have to read the code carefully to get it, but it's clear, it's all in there.
[12:24.800 --> 12:27.400]  Recision is in there.
[12:27.400 --> 12:34.600]  The right to challenge the assignment is right there in the Uniform Commercial Code.
[12:34.600 --> 12:43.400]  And when there's a change of beneficial interest, then the Uniform Commercial Code
[12:43.400 --> 12:55.000]  specifically states that the lender and all other parties have standing to challenge
[12:55.000 --> 13:00.400]  and assign a change in beneficial interest.
[13:00.400 --> 13:06.600]  The exact wording they use is peculiar to the UCC and I don't have it quite memorized yet,
[13:06.600 --> 13:08.400]  but they have special terms for it.
[13:08.400 --> 13:11.800]  They're really kind of cool terms.
[13:11.800 --> 13:12.800]  But it's all in there.
[13:12.800 --> 13:16.400]  This whole thing is, prove up your position.
[13:16.400 --> 13:20.200]  It's right there in the Uniform Commercial Code.
[13:20.200 --> 13:23.200]  And every state has a version of the Uniform Commercial Code.
[13:23.200 --> 13:26.400]  It's a contract law.
[13:26.400 --> 13:35.000]  And that's where you should go first because we're going before the court, asking the court
[13:35.000 --> 13:46.100]  to rule that in this particular case, based on this individual set of facts that are unique
[13:46.100 --> 13:59.700]  to this borrower and this lender, this lender violated this code of the UCC and breached
[13:59.700 --> 14:01.400]  this covenant of the contract.
[14:01.400 --> 14:07.200]  So he's only ruling on this one contract.
[14:07.200 --> 14:12.200]  He's not rendering a ruling that's going to change the world as he knows it.
[14:12.200 --> 14:16.200]  He's not rendering a ruling that's going to become very controversial and his name's going
[14:16.200 --> 14:19.200]  to get slug around all over.
[14:19.200 --> 14:21.000]  Judges don't like that.
[14:21.000 --> 14:24.500]  They like to be really conservative.
[14:24.500 --> 14:30.300]  And they like less complex issues.
[14:30.300 --> 14:32.800]  So we decode.
[14:32.800 --> 14:37.400]  We have the consumer protection laws, but you know, your statute of limitations runs
[14:37.400 --> 14:40.000]  out and it looks like you can't use it.
[14:40.000 --> 14:43.200]  Oh, yeah, you can.
[14:43.200 --> 14:49.600]  Forget about the remedy that the legislature pretended to provide for us when they enacted
[14:49.600 --> 14:51.900]  the consumer protection laws.
[14:51.900 --> 14:56.400]  You can use the consumer protection law for something else.
[14:56.400 --> 14:59.600]  Use it as breach of contract.
[14:59.600 --> 15:07.400]  The Fannie Mae Fremont Uniform Instrument has a clause in it.
[15:07.400 --> 15:17.000]  It's generally clause 16, if it's an FHA loan, it may be 15 or 14, but there's always a severability
[15:17.000 --> 15:20.000]  and standing law clause.
[15:20.000 --> 15:25.000]  The severability says that if any part of this contract is found to be in violation
[15:25.000 --> 15:30.600]  of any law and that portion of the contract can be nullified without avoiding the whole
[15:30.600 --> 15:38.400]  contract, then all of the other provisions of the contract stand and are valid.
[15:38.400 --> 15:47.800]  The governing law section, both parties agree to abide by all law.
[15:47.800 --> 15:56.400]  So you use the consumer protection laws, but you don't claim the remedy that your legislatures,
[15:56.400 --> 16:00.900]  legislators pretended to make available to you.
[16:00.900 --> 16:07.200]  You claim your remedy under breach of contract, which has the effect of repudiation of the
[16:07.200 --> 16:15.000]  contract, which gives you ground under the UCC to rescind the contract.
[16:15.000 --> 16:27.400]  That's a lot more effective and less all-encompassing than all of these more complex arguments.
[16:27.400 --> 16:28.400]  That's my story.
[16:28.400 --> 16:29.400]  I'm sticking to it.
[16:29.400 --> 16:34.200]  We do have, we had two callers on the line, one dropped off, but if you call back this
[16:34.200 --> 16:37.200]  next segment, I'll start taking calls.
[16:37.200 --> 16:43.000]  We've got Rob in New Mexico, he's probably sitting somewhere in his truck, snuck, or
[16:43.000 --> 16:47.200]  some nasal fumes, so we need to hurry up and get to him before he loses it.
[16:47.200 --> 17:00.800]  Randy Kelton, Rue La Radio, I call you number 512-646-1984, we'll be right back.
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[19:08.320 --> 19:34.200]  Look what we've got, we are the Christians, don't know what I don't have the answer.
[19:34.200 --> 20:03.960]  Okay, we are back, Randy Felton with Logos Radio, and our call-in number is 512-646-99.
[20:03.960 --> 20:08.120]  We're going to go to Rob in New Mexico.
[20:08.120 --> 20:09.720]  Hello, Rob.
[20:09.720 --> 20:10.720]  Hey, Randy.
[20:10.720 --> 20:14.600]  You mentioned something about reading a garbage pleading.
[20:14.600 --> 20:17.480]  Does that mean you got my email?
[20:17.480 --> 20:20.400]  Yeah, that must have been yours.
[20:20.400 --> 20:24.040]  Rob was really nice to me the other day.
[20:24.040 --> 20:35.920]  He called up and he warned me that Eddie Craig accused me of being a horse suppository.
[20:35.920 --> 20:38.600]  And he stuck up for me, and Rob stuck up for me.
[20:38.600 --> 20:47.000]  He assured Eddie that that was not true, that I more resembled the repository for the suppository.
[20:47.000 --> 20:49.360]  What a guy.
[20:49.360 --> 20:52.160]  So I owe you a couple of truck driver jokes.
[20:52.160 --> 20:53.800]  Okay.
[20:53.800 --> 21:00.680]  I did not read your document if I got it.
[21:00.680 --> 21:08.120]  I don't, I kind of remember an email from you, but had some really busy days and I haven't
[21:08.120 --> 21:09.680]  had time to go through it.
[21:09.680 --> 21:16.680]  Will you give us a brief on where you're at in the overall scheme of things and what the
[21:16.680 --> 21:18.680]  nature of the document is?
[21:18.680 --> 21:24.680]  Okay, let me try and go back briefly to the beginning.
[21:24.680 --> 21:27.360]  In November of 2011.
[21:27.360 --> 21:28.360]  Hold on, hold on.
[21:28.360 --> 21:34.960]  You have a horrible reverb in your mic.
[21:34.960 --> 21:37.800]  You want to move it away from your mouth a little bit?
[21:37.800 --> 21:39.520]  Is that better?
[21:39.520 --> 21:42.000]  Yeah, get your head out of the toilet.
[21:42.000 --> 21:43.000]  You won't get as much echo.
[21:43.000 --> 21:48.000]  Now I can't hear you, though.
[21:48.000 --> 21:54.920]  November 2011, I approached a real estate broker to try to purchase a house.
[21:54.920 --> 22:00.440]  He directed me to a couple of houses, one in particular that I did like.
[22:00.440 --> 22:03.520]  He recommended that I purchase it through a mortgage.
[22:03.520 --> 22:08.320]  I was unable to obtain a mortgage due to my bad credit, but in the process of trying to
[22:08.320 --> 22:13.000]  get that mortgage, I purchased an insurance policy.
[22:13.000 --> 22:18.440]  After I was unable to get the mortgage, the insurance policy expired.
[22:18.440 --> 22:27.840]  In May of 2012, the seller of the house entered into a real estate contract with me to purchase
[22:27.840 --> 22:30.520]  the house.
[22:30.520 --> 22:35.400]  One of the terms of the real estate contract was that insurance had to be in place.
[22:35.400 --> 22:41.160]  I was unable to get insurance prior to settlement due to my job work as an over the road truck
[22:41.160 --> 22:47.080]  driver, so I arranged with the seller to pay for the insurance, and the seller would purchase
[22:47.080 --> 22:48.080]  the insurance.
[22:48.080 --> 22:54.720]  I have a purchaser's settlement statement that evidences that I did pay for the insurance
[22:54.720 --> 22:57.880]  at settlement.
[22:57.880 --> 23:03.760]  In April of 2012, I received a letter from the escrow company informing me that the insurance
[23:03.760 --> 23:11.800]  policy was defective and announcing an adjustment to the insurance and tax escrow charges.
[23:11.800 --> 23:17.920]  On May 10th of 2012, I wrote back to the escrow company with a copy to the seller stating
[23:17.920 --> 23:21.880]  that the seller had made the insurance arrangements and they needed to talk to the seller about
[23:21.880 --> 23:27.440]  that and asking for an accounting for the changes in the escrow charges.
[23:27.440 --> 23:30.440]  I received no response to that letter.
[23:30.440 --> 23:36.560]  Two and a half years later, September of 2014, I received a letter from the escrow company
[23:36.560 --> 23:40.880]  stating that there was no insurance on the property and if I didn't fix that, they were
[23:40.880 --> 23:49.600]  going to quit as my escrow company and that I may lose the contract.
[23:49.600 --> 23:58.960]  I wrote back to them, referenced my May 2012 letter, and demanded validation of all charges
[23:58.960 --> 24:02.080]  and a full accounting of everything.
[24:02.080 --> 24:12.680]  They sent me a copy of the first page of the real estate contract and a payment history.
[24:12.680 --> 24:15.000]  Was it a complete payment history?
[24:15.000 --> 24:22.720]  The reason I ask that is a lot of times when we put in a debt validation letter, what we
[24:22.720 --> 24:29.320]  get back is a payment history from the current servicer and nothing more.
[24:29.320 --> 24:35.400]  Well, they're the only servicer up to that point, but all the payment history showed
[24:35.400 --> 24:44.160]  was what I had paid and what they had paid out to the seller and showed the interest
[24:44.160 --> 24:45.640]  charges.
[24:45.640 --> 24:51.000]  It did not show a full accounting of the tax and insurance escrow, which is what I was
[24:51.000 --> 24:55.020]  looking for because of the changes that they had made and the fact that they had just told
[24:55.020 --> 24:58.480]  me that there was no insurance.
[24:58.480 --> 25:04.000]  I wrote back to them again demanding to know what they had been doing with the insurance
[25:04.000 --> 25:10.040]  escrow that I had been paying if it wasn't going to an insurance policy and had they
[25:10.040 --> 25:12.760]  credited it to the principal?
[25:12.760 --> 25:16.000]  Was it accumulating interest somewhere?
[25:16.000 --> 25:18.520]  Were they just taking it and keeping it?
[25:18.520 --> 25:21.680]  What was going on?
[25:21.680 --> 25:30.680]  They sent me back a partial offer of rebate on it without any kind of accounting.
[25:30.680 --> 25:36.000]  I believe they offered me roughly one-third of the almost $3,000 that they were holding
[25:36.000 --> 25:42.520]  at that point, but no explanation of why they were offering that part back, why they were
[25:42.520 --> 25:46.600]  holding the rest of it, and what was to be done with it considering that there was no
[25:46.600 --> 25:48.640]  insurance policy.
[25:48.640 --> 25:56.520]  Meanwhile, I received a copy of a letter they had sent to the seller telling them that they
[25:56.520 --> 26:03.000]  were unable to use the insurance policy that the seller had provided because it did not
[26:03.000 --> 26:07.920]  name me as a party.
[26:07.920 --> 26:14.120]  Then I received a copy of a letter from the seller to the escrow company stating that
[26:14.120 --> 26:23.560]  they had been unable to put me on the policy, but that, what did they say, they were unable
[26:23.560 --> 26:29.560]  to put me on the policy and they demanded that I get insurance, but they didn't provide
[26:29.560 --> 26:32.000]  any information about the insurance policy.
[26:32.000 --> 26:38.000]  They never attempted to contact me to have me help them get me on the policy.
[26:38.000 --> 26:39.000]  Nothing.
[26:39.000 --> 26:47.800]  About a month after that, I received a letter from the escrow company's attorney who is
[26:47.800 --> 26:57.600]  an in-house attorney at the same address operating under a fake law firm name, and he demanded
[26:57.600 --> 27:00.200]  that I obtain insurance.
[27:00.200 --> 27:10.920]  So I sent him validation demand, and he sent me back a copy of the contract.
[27:10.920 --> 27:15.480]  Also I had previously in my letter to the escrow servicer demanding accounting, I had
[27:15.480 --> 27:20.000]  demanded that they produce the original instrument for my viewing and inspection.
[27:20.000 --> 27:21.000]  They ignored that.
[27:21.000 --> 27:27.840]  This went back and forth for a little while, and then finally in February of this year,
[27:27.840 --> 27:34.960]  I sent a notice of rescission to the escrow company, to their attorney, to the seller,
[27:34.960 --> 27:45.560]  and to the broker who is the son of the seller and co-owner of the real estate company.
[27:45.560 --> 27:54.880]  Nobody, the broker, the seller did not respond to my notice of rescission.
[27:54.880 --> 28:00.960]  The escrow company responded, telling me that rescission was not in my contract.
[28:00.960 --> 28:07.640]  I ceased making payments when I sent the notice of rescission.
[28:07.640 --> 28:12.800]  The escrow company notified me that they would no longer be servicing the account and that
[28:12.800 --> 28:14.480]  they were resigning.
[28:14.480 --> 28:16.920]  They did not name a successor.
[28:16.920 --> 28:20.280]  The seller never named a successor.
[28:20.280 --> 28:28.560]  In April, I received a letter from a new escrow company purporting to be the escrow servicer.
[28:28.560 --> 28:33.240]  I sent them a validation demand and a request for accounting and received no response from
[28:33.240 --> 28:36.800]  them whatsoever.
[28:36.800 --> 28:42.320]  About two months after that, I started getting letters from a new attorney demanding that
[28:42.320 --> 28:43.800]  I do this, that, and the other thing.
[28:43.800 --> 28:46.520]  I sent him validation demands.
[28:46.520 --> 28:53.040]  He responded without validation and continuing collection notices.
[28:53.040 --> 29:00.040]  That brings us up to Saturday when he had us served with a three-day notice to pay the
[29:00.040 --> 29:08.400]  full amount or quit and notifying us that the contract was now void.
[29:08.400 --> 29:11.640]  Good.
[29:11.640 --> 29:16.720]  You knew it was void because you rendered it void by rescission.
[29:16.720 --> 29:18.400]  Yeah.
[29:18.400 --> 29:23.280]  Seven days before he had us served with that notice, I had a notice of seller's default
[29:23.280 --> 29:25.680]  recorded in the county records.
[29:25.680 --> 29:26.680]  Wonderful.
[29:26.680 --> 29:32.720]  Do you hear the first part, me talking about UCC?
[29:32.720 --> 29:34.720]  Yes, sir.
[29:34.720 --> 29:42.480]  You really need to read the first three sections to the Uniform Commercial Code.
[29:42.480 --> 29:46.280]  You will be surprised what you find in there.
[29:46.280 --> 29:53.520]  Primarily, what you'll find in there is where the lawyer said it's time to go to break.
[29:53.520 --> 29:55.720]  Okay, time to go to break.
[29:55.720 --> 29:58.720]  We'll be right back.
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[33:07.080 --> 33:28.080]  Mr. Officer, you're taking the right hand Won't you follow the law of the land?
[33:28.080 --> 33:52.080]  Okay, we are back, Randy Charlton, Rule of Law Radio, with Debra Stevens, and speaking
[33:52.080 --> 33:59.480]  of Debra Stevens, she's got Amazon up and working on our website.
[33:59.480 --> 34:07.000]  And if you're thinking of buying something online, it would help us greatly if you went
[34:07.000 --> 34:12.680]  to Amazon on our website and use that, we'll get a little bit of a commission and help
[34:12.680 --> 34:16.320]  to support this radio.
[34:16.320 --> 34:23.540]  We were talking to Rob in New Mexico, and he said that the lawyer told you that rescission
[34:23.540 --> 34:28.480]  was not in your contract.
[34:28.480 --> 34:34.240]  When you read the Uniform Commercial Code, what you'll find it says is that rescission
[34:34.240 --> 34:43.080]  is a contractual right under the UCC, but that rescission can be specifically waived
[34:43.080 --> 34:45.160]  in the contract.
[34:45.160 --> 34:52.760]  So my question is, is there a reference to a waiver of rescission in the contract?
[34:52.760 --> 34:53.760]  No.
[34:53.760 --> 34:59.240]  The lawyer probably hasn't read the UCC either.
[34:59.240 --> 35:04.120]  They haven't even read the contract, Randy.
[35:04.120 --> 35:06.480]  Wait, say that again?
[35:06.480 --> 35:09.960]  You need to get your head back out of the toilet.
[35:09.960 --> 35:11.600]  They haven't even read the contract.
[35:11.600 --> 35:14.600]  Oh, I'm sure they haven't.
[35:14.600 --> 35:30.120]  I am amazed at how ignorant lawyers are of the laws surrounding what they do.
[35:30.120 --> 35:36.360]  It's not the way I was told in high school that it was.
[35:36.360 --> 35:43.480]  And this thing of calling lawyers learned in counsel, that is absolutely a misnomer
[35:43.480 --> 35:45.080]  because they are not learning.
[35:45.080 --> 35:50.000]  They may be learning in some things, but I don't know what that is.
[35:50.000 --> 35:53.280]  It doesn't appear to be law.
[35:53.280 --> 35:58.960]  They learn what a process, they learn a process.
[35:58.960 --> 36:02.200]  These are the things we do in every case.
[36:02.200 --> 36:09.680]  We got these set of motions that we file and this is how we generate a billing to our client.
[36:09.680 --> 36:13.960]  And we don't get outside the scope of these few little motions.
[36:13.960 --> 36:19.720]  They hate pro-says because we drag them outside what the lawyers do.
[36:19.720 --> 36:24.480]  You see, it's not really adversarial like you think it is.
[36:24.480 --> 36:28.400]  These lawyers know each other and they deal with each other all the time.
[36:28.400 --> 36:32.800]  The one lawyer does something to lead into the other lawyer so he can bill his client
[36:32.800 --> 36:34.280]  and do something back.
[36:34.280 --> 36:38.560]  And they bounce back and forth so they can bill their client when they get to a certain
[36:38.560 --> 36:44.440]  point, always at that point, they throw the client under the bus because they're not going
[36:44.440 --> 36:50.640]  to do any more because now they have to do legal research, they have to figure things
[36:50.640 --> 36:52.400]  out and learn the law.
[36:52.400 --> 37:01.920]  I hate to be that critical of lawyers because it's not my position, my intent to vilify
[37:01.920 --> 37:05.800]  anybody or to villainize lawyers.
[37:05.800 --> 37:13.160]  But don't go on it, they are so surprisingly inept, it's frustrating.
[37:13.160 --> 37:16.600]  So yeah, I'm not surprised you didn't read it.
[37:16.600 --> 37:22.320]  So now we have the latest document you wanted me to read.
[37:22.320 --> 37:27.320]  I tried to find it on the break but I get so many emails, I couldn't find it in there.
[37:27.320 --> 37:29.880]  So tell us what this latest document says.
[37:29.880 --> 37:34.080]  Okay, well the first one, I've got three lawsuits right now.
[37:34.080 --> 37:43.080]  The first one is against the new alleged servicer for their failure to respond under the escrow
[37:43.080 --> 37:49.920]  company act and the administrative code regulating escrow companies.
[37:49.920 --> 37:56.320]  They are A, required to respond to any written request within 14 days.
[37:56.320 --> 38:03.920]  They are required to provide accounting to anybody that asks for it as a party and they
[38:03.920 --> 38:10.880]  are prohibited from withholding account information from any party to the account.
[38:10.880 --> 38:17.280]  So I'm suing them for three counts under the Unfair Practice Act in New Mexico for failing
[38:17.280 --> 38:21.360]  to respond to my request.
[38:21.360 --> 38:30.240]  If they prove of agency, I will amend my big complaint and add them as a defendant.
[38:30.240 --> 38:35.280]  If they don't prove of agency, I'm also going to sue them in federal court under the Fair
[38:35.280 --> 38:39.040]  Debt Collection Practices Act.
[38:39.040 --> 38:46.280]  The second suit, which I didn't send you yet, is my first of at least five suits against
[38:46.280 --> 38:48.760]  the new attorney.
[38:48.760 --> 38:50.480]  This one is for overshadowing.
[38:50.480 --> 38:58.880]  He demanded in his first collection letter that I pay the debt within 30 days from the
[38:58.880 --> 39:06.520]  date the letter was sent, which clearly contradicts the ability to dispute within 30 days of receipt
[39:06.520 --> 39:07.520]  of the letter.
[39:07.520 --> 39:13.560]  Then I have several more suits for mistaking the nature and amount of illegal status of
[39:13.560 --> 39:17.520]  the debt continuing collection after an event for validation and threatening to take action
[39:17.520 --> 39:19.600]  that he is not legally able to take.
[39:19.600 --> 39:25.480]  I'm going to do those all separately because you can only collect $1,000 per defendant
[39:25.480 --> 39:29.200]  to pursue no matter how many violations you have.
[39:29.200 --> 39:31.560]  I don't think they'll allow you to do that.
[39:31.560 --> 39:39.200]  When you try to file the second one, they're going to tell you that you had a duty to join
[39:39.200 --> 39:45.000]  all issues and claims against this party in your initial suit.
[39:45.000 --> 39:50.080]  By failing to claim them in your initial suit, you waive them because you're not allowed
[39:50.080 --> 40:00.000]  to file separate suits for each issue.
[40:00.000 --> 40:01.000]  Be careful with that.
[40:01.000 --> 40:05.200]  That may cost you the whole length of the letter.
[40:05.200 --> 40:12.440]  If he approves of agency, then I will also add him as a defendant to the big suit, which
[40:12.440 --> 40:17.680]  I have demanded proof of agency from him and he has failed to provide that.
[40:17.680 --> 40:25.400]  I want to go back to your ESCO for a moment.
[40:25.400 --> 40:27.440]  Did you have a fixed rate note?
[40:27.440 --> 40:28.440]  Yes.
[40:28.440 --> 40:35.680]  What was the principle and interest on the note?
[40:35.680 --> 40:38.720]  Let me back up a little bit.
[40:38.720 --> 40:39.720]  There's no note.
[40:39.720 --> 40:40.720]  There's no mortgage.
[40:40.720 --> 40:43.760]  This is a real estate contract in New Mexico.
[40:43.760 --> 40:46.080]  It is not a statutory contract.
[40:46.080 --> 40:50.480]  It's governed by common law, which is interesting that you were talking about that.
[40:50.480 --> 40:57.440]  It'll be governed by contract law, not necessarily common law.
[40:57.440 --> 41:06.440]  You see, it did have a principle and an interest, didn't it?
[41:06.440 --> 41:10.600]  The base payment was $775.
[41:10.600 --> 41:15.640]  What was the original principle?
[41:15.640 --> 41:18.120]  The full amount of the loan?
[41:18.120 --> 41:19.120]  Yes.
[41:19.120 --> 41:27.320]  I believe it's $89,000, but I'm not exactly sure of the full dollar amount right now.
[41:27.320 --> 41:28.320]  Okay.
[41:28.320 --> 41:29.320]  $89,000.
[41:29.320 --> 41:34.320]  Somehow my system is off.
[41:34.320 --> 41:35.320]  $89,000.
[41:35.320 --> 41:38.320]  What was the interest?
[41:38.320 --> 41:39.320]  7%.
[41:39.320 --> 41:47.680]  $89,000 at seven.
[41:47.680 --> 41:56.840]  That should be a payment of five... Let me check my schedule.
[41:56.840 --> 42:06.160]  This says your payment should have been $592.12 a month principle and interest.
[42:06.160 --> 42:09.040]  What were you actually paying?
[42:09.040 --> 42:17.680]  We were paying $775 plus tax and insurance.
[42:17.680 --> 42:20.360]  Tax and insurance.
[42:20.360 --> 42:25.280]  That insurance was distributed by the escrow agent?
[42:25.280 --> 42:27.360]  It was intended to be, yes.
[42:27.360 --> 42:28.360]  Okay.
[42:28.360 --> 42:31.560]  What was it with tax and insurance?
[42:31.560 --> 42:39.160]  I believe the full amount was about $932, $938, something like that.
[42:39.160 --> 42:40.160]  Okay.
[42:40.160 --> 42:43.160]  I'll say $932.
[42:43.160 --> 42:49.160]  Let me go over here and put a number in for you.
[42:49.160 --> 42:50.160]  Okay.
[42:50.160 --> 42:51.160]  Go ahead.
[42:51.160 --> 42:55.240]  While you're talking, I'm going to run a little amortization here.
[42:55.240 --> 43:04.800]  If you're paying $592.12, what this calculates that based on what you told me, it may be
[43:04.800 --> 43:09.080]  off a little bit, but it's not going to be off a whole lot.
[43:09.080 --> 43:11.520]  You're paying almost double.
[43:11.520 --> 43:19.440]  You're paying almost as much to escrow as you are to principle and interest.
[43:19.440 --> 43:25.560]  It'd be interesting to see where all that money went to.
[43:25.560 --> 43:29.280]  It went to the seller.
[43:29.280 --> 43:33.280]  The seller received $775 a month.
[43:33.280 --> 43:34.280]  Okay.
[43:34.280 --> 43:35.280]  Hold on.
[43:35.280 --> 43:36.280]  Okay.
[43:36.280 --> 43:44.240]  Yeah, but that went to principle and interest, but we'll see how that amortizes out.
[43:44.240 --> 43:45.240]  Hang on.
[43:45.240 --> 43:52.160]  Andy Kelton, Wheel of the Radio, I called it number 512-646-1984, and have a look at
[43:52.160 --> 43:55.160]  our sponsors.
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[45:01.280 --> 45:04.480]  Are you the plaintiff or defendant in a lawsuit?
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[45:49.800 --> 45:52.160]  pro se tactics, and much more.
[45:52.160 --> 45:59.920]  Please visit ruleoflawradio.com and click on the banner, or call toll-free, 866-LAW-EZ.
[45:59.920 --> 46:20.560]  Give me this night's high problem, where you gonna look for one?
[46:20.560 --> 46:38.040]  If you could not reach any bouts of love, would your purpose have to die?
[46:38.040 --> 47:03.760]  If you could not reach any bouts of love, would your purpose have to die?
[47:03.760 --> 47:31.480]  If you could not reach any bouts of love, would your purpose have to die?
[47:31.480 --> 47:59.280]  If you could not reach any bouts of love, would your purpose have to die?
[47:59.280 --> 48:23.840]  If you could not reach any bouts of love, would your purpose have to die?
[48:23.840 --> 48:51.640]  If you could not reach any bouts of love, would your purpose have to die?
[48:51.640 --> 49:16.200]  If you could not reach any bouts of love, would your purpose have to die?
[49:16.200 --> 49:36.280]  If you could not reach any bouts of love, would your purpose have to die?
[49:36.280 --> 49:47.800]  You need to look at that contract, if you're not paying the full, you're not paying apparently
[49:47.800 --> 49:52.200]  what you think you're paying.
[49:52.200 --> 50:01.720]  So you're paying, you loaned the money at 7%, but they have you pay an amount in excess
[50:01.720 --> 50:10.640]  of 7%, and you don't know what that amount is.
[50:10.640 --> 50:17.720]  No, and I've been unable to figure out how to amortize a five-year real estate contract
[50:17.720 --> 50:21.320]  with an undisclosed balloon payment at the end.
[50:21.320 --> 50:25.160]  Yeah, I think this is going to be an unconscionable contract.
[50:25.160 --> 50:30.480]  I think it's likely to be an illegal contract.
[50:30.480 --> 50:32.680]  Can I offer a suggestion?
[50:32.680 --> 50:34.280]  Absolutely.
[50:34.280 --> 50:41.440]  Go ahead and calculate out the amortization schedule for it, or a 30-year note, and then
[50:41.440 --> 50:46.240]  change the number of payments.
[50:46.240 --> 50:47.240]  See what the difference is.
[50:47.240 --> 50:52.240]  Change the number to what?
[50:52.240 --> 50:55.080]  To five years?
[50:55.080 --> 50:56.080]  Yeah.
[50:56.080 --> 51:00.760]  Which is what, 120?
[51:00.760 --> 51:05.520]  Yeah, I think so.
[51:05.520 --> 51:08.960]  Five times 12 is what, 80, 90?
[51:08.960 --> 51:09.960]  I can't think right now.
[51:09.960 --> 51:10.960]  60, I think.
[51:10.960 --> 51:18.320]  And then calculate what your future value would be.
[51:18.320 --> 51:19.320]  It's 60.
[51:19.320 --> 51:20.320]  60, right.
[51:20.320 --> 51:21.320]  God, I'm bad.
[51:21.320 --> 51:27.520]  Here, I know these things.
[51:27.520 --> 51:28.840]  It only took me two minutes.
[51:28.840 --> 51:34.480]  I should know my multiplication tables, my gosh.
[51:34.480 --> 51:40.880]  I have pictures now of Barbara, I mean Barbara, but Deborah slapping me soundly around the
[51:40.880 --> 51:45.200]  neck and shoulders with a two-by-four.
[51:45.200 --> 51:46.200]  Come on, Jeff.
[51:46.200 --> 51:47.200]  You can do better than that.
[51:47.200 --> 51:48.200]  Geez.
[51:48.200 --> 51:56.280]  Calculate your future value, and that should give you what your balloon payment would be
[51:56.280 --> 51:59.280]  at the end of the five years.
[51:59.280 --> 52:00.280]  Okay.
[52:00.280 --> 52:01.280]  Okay.
[52:01.280 --> 52:08.760]  Get out your contract and get precise values.
[52:08.760 --> 52:09.760]  Right.
[52:09.760 --> 52:14.840]  But here's the thing, what prompted me to call in.
[52:14.840 --> 52:22.960]  I like your attitude about going after the attorney for overshadowing, but what I want
[52:22.960 --> 52:33.280]  to suggest to you is that you do not use just one FDCPA complaint or infraction, but you
[52:33.280 --> 52:36.960]  use as many as they actually perpetrated.
[52:36.960 --> 52:37.960]  Okay.
[52:37.960 --> 52:47.400]  What's underneath that is, if you get defeated on all of them but one, then your case stands.
[52:47.400 --> 52:53.200]  But if you only have one and that gets defeated, your case is gone.
[52:53.200 --> 52:56.960]  Okay?
[52:56.960 --> 52:59.760]  I guess you could call it stacking the deck.
[52:59.760 --> 53:10.960]  Granted, you can only get the penalties for one, that is, you can only get a $1,000 penalty.
[53:10.960 --> 53:23.200]  But unless I'm mistaken, you have in the wings, perspective, actual damages.
[53:23.200 --> 53:28.520]  So I would suggest that you not overlook that, because if you file a suit against the attorney
[53:28.520 --> 53:36.160]  for his bad behavior as a debt collector, whatever actual damages you have, you'd be
[53:36.160 --> 53:45.800]  able to tag him for, and I would start looking at the note and the fruit of the note.
[53:45.800 --> 53:48.800]  Let me ask you this.
[53:48.800 --> 53:56.800]  Even if the contract is void of an issue, which obviously is for numerous reasons, since
[53:56.800 --> 54:13.360]  he sent me that letter canceling the contract, does that go to actual damages?
[54:13.360 --> 54:17.520]  Where would you suppose your actual damages would be?
[54:17.520 --> 54:22.560]  Well, the alleged loss of the house.
[54:22.560 --> 54:23.560]  Okay.
[54:23.560 --> 54:27.520]  So what do you got in the house?
[54:27.520 --> 54:37.440]  Well, so far, aside from time, labor- Why are you putting those aside?
[54:37.440 --> 54:41.880]  Are you just asking for the money that I have in the house?
[54:41.880 --> 54:43.920]  No, I'm not asking you.
[54:43.920 --> 54:45.560]  I didn't say how much money you got in the house.
[54:45.560 --> 54:48.480]  I asked you what you got in the house.
[54:48.480 --> 54:49.480]  Everything.
[54:49.480 --> 54:51.480]  You got repairs?
[54:51.480 --> 54:53.480]  Oh, yeah.
[54:53.480 --> 54:55.480]  Maintenance?
[54:55.480 --> 54:57.480]  Mm-hmm.
[54:57.480 --> 55:01.480]  Cost of the mortgage?
[55:01.480 --> 55:03.480]  Mm-hmm.
[55:03.480 --> 55:05.480]  What else?
[55:05.480 --> 55:07.480]  My wife and kids.
[55:07.480 --> 55:14.480]  I don't think that they're going to count as actual damages unless, of course, you could
[55:14.480 --> 55:21.480]  possibly make the case for actual damages because a threat of foreclosure got up and
[55:21.480 --> 55:23.480]  down.
[55:23.480 --> 55:26.480]  Even that might be a little bit hard-pressed just to stick.
[55:26.480 --> 55:31.480]  But one of the suggestions I would like to make to you is that you start doing some research
[55:31.480 --> 55:35.480]  in the form of actual damages on Google.
[55:35.480 --> 55:37.480]  Okay.
[55:37.480 --> 55:45.480]  Perhaps even Google Scholar so that you can get a context of what actual damages are.
[55:45.480 --> 55:47.480]  Gotcha.
[55:47.480 --> 55:56.480]  Yeah, because in a particular case that I am aware of, the lawyer was sent a Dunning
[55:56.480 --> 55:57.480]  notice.
[55:57.480 --> 56:00.480]  They sent a dispute and demand for validation.
[56:00.480 --> 56:02.480]  He filed suit.
[56:02.480 --> 56:08.480]  They challenged the suit based on failure to state a claim.
[56:08.480 --> 56:13.480]  They didn't have any kind of account-level documentation, didn't have any of things like
[56:13.480 --> 56:14.480]  that.
[56:14.480 --> 56:18.480]  Which is the customary practice, it seems, in state courts.
[56:18.480 --> 56:20.480]  He got the judgment anyway.
[56:20.480 --> 56:24.480]  Well, guess what gets transferred over to the actual damages?
[56:24.480 --> 56:29.480]  Guess who's liable for it?
[56:29.480 --> 56:35.480]  The judgment and the attorney.
[56:35.480 --> 56:37.480]  Why?
[56:37.480 --> 56:41.480]  Because he violated federal law in getting the judgment.
[56:41.480 --> 56:48.480]  It became fruit of the poisonous tree.
[56:48.480 --> 56:52.480]  Okay, I'm confused.
[56:52.480 --> 56:58.480]  How did we get, what became, the judgment itself was fruit of the poison tree?
[56:58.480 --> 57:02.480]  Yes, because he had violated federal law in getting the judgment.
[57:02.480 --> 57:06.480]  He violated the FDCPA.
[57:06.480 --> 57:11.480]  That became an actual damage.
[57:11.480 --> 57:15.480]  Yeah, but isn't there a statutory amount for that particular?
[57:15.480 --> 57:19.480]  Not actual damage, statutory damage there is.
[57:19.480 --> 57:21.480]  Okay.
[57:21.480 --> 57:25.480]  So you got to read the damages straight there, guys.
[57:25.480 --> 57:28.480]  And by the way, correct me if I'm wrong.
[57:28.480 --> 57:33.480]  Did you sit down and copy that deed of trust and mortgage by hand?
[57:33.480 --> 57:38.480]  Because it sure sounded like you did in your monologue.
[57:38.480 --> 57:42.480]  No, actually I didn't, but I did read it carefully.
[57:42.480 --> 57:44.480]  Okay.
[57:44.480 --> 57:47.480]  Were you surprised, what you found in there?
[57:47.480 --> 57:49.480]  No, I've read it a number of times.
[57:49.480 --> 57:50.480]  But you weren't.
[57:50.480 --> 57:54.480]  So I wasn't, I didn't find anything yet that surprised me.
[57:54.480 --> 57:55.480]  Okay.
[57:55.480 --> 57:58.480]  I'm an engineer in my nature.
[57:58.480 --> 58:02.480]  I tend to read things very carefully, especially when they're reading documents.
[58:02.480 --> 58:03.480]  Okay.
[58:03.480 --> 58:05.480]  I don't just skim over it.
[58:05.480 --> 58:12.480]  I look at every word and analyze what that word is doing there and what weight it's carrying.
[58:12.480 --> 58:14.480]  And what that whole sentence means.
[58:14.480 --> 58:27.480]  And when I did that with the Fannie Mae Freddie Mac uniform instrument, I came out of it confused.
[58:27.480 --> 58:37.480]  Because when you read it carefully and don't assume an intent before you've read the intent,
[58:37.480 --> 58:40.480]  I don't find intent.
[58:40.480 --> 58:44.480]  I'm convinced that whoever wrote it was high on coke.
[58:44.480 --> 58:46.480]  Hang on, Randy Kelton.
[58:46.480 --> 58:47.480]  We'll use our radio.
[58:47.480 --> 58:50.480]  I'll call it number 512-6469.
[58:50.480 --> 58:54.480]  The Bible remains the most popular book in the world.
[58:54.480 --> 58:58.480]  Countless readers are frustrated because they struggle to understand it.
[58:58.480 --> 59:02.480]  Some new translations try to help by simplifying the text,
[59:02.480 --> 59:06.480]  but in the process can compromise the profound meaning of the scripture.
[59:06.480 --> 59:09.480]  Enter the recovery version.
[59:09.480 --> 59:13.480]  First, this new translation is extremely faithful and accurate,
[59:13.480 --> 59:18.480]  but the real story is the more than 9,000 explanatory footnotes.
[59:18.480 --> 59:22.480]  Difficult and profound passages are opened up in a marvelous way,
[59:22.480 --> 59:28.480]  providing an entrance into the riches of the Word beyond which you've ever experienced before.
[59:28.480 --> 59:33.480]  Bibles for America would like to give you a free recovery version simply for the asking.
[59:33.480 --> 59:43.480]  This comprehensive yet compact study Bible is yours just by calling us toll free at 1-888-551-0102
[59:43.480 --> 59:47.480]  or by ordering online at freestudybible.com.
[59:47.480 --> 59:52.480]  That's freestudybible.com.
[59:52.480 --> 01:00:00.480]  You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:00.480 --> 01:00:05.480]  The following use flash is brought to you by the Lone Star Lowdown,
[01:00:05.480 --> 01:00:08.480]  providing the daily bulletins for the commodity market,
[01:00:08.480 --> 01:00:10.480]  Today in History,
[01:00:10.480 --> 01:00:12.480]  News Updates,
[01:00:12.480 --> 01:00:20.480]  and the Inside Scoop into the tides of the alternatives.
[01:00:20.480 --> 01:00:23.480]  Markets for the 4th of November, 2015,
[01:00:23.480 --> 01:00:27.480]  opened up with gold at $1,107.90 an ounce,
[01:00:27.480 --> 01:00:29.480]  silver $15.11 an ounce,
[01:00:29.480 --> 01:00:32.480]  Texas crude $47.90 a barrel,
[01:00:32.480 --> 01:00:35.480]  and bitcoin is up $100 from the 1st of November,
[01:00:35.480 --> 01:00:44.480]  currently sitting at about $471 U.S. currency.
[01:00:44.480 --> 01:00:45.480]  Today in History,
[01:00:45.480 --> 01:00:48.480]  Tuesday, November 4, 1862,
[01:00:48.480 --> 01:00:52.480]  Dr. Richard Gatling patents the Gatling machine gun in Indianapolis.
[01:00:52.480 --> 01:00:55.480]  Gatling wrote that he created it to reduce the size of armies
[01:00:55.480 --> 01:00:58.480]  and so reduce the number of deaths by combat and disease
[01:00:58.480 --> 01:01:00.480]  and to show how futile war is.
[01:01:00.480 --> 01:01:03.480]  Richard's Gatling gun was first used in battle by the Union forces
[01:01:03.480 --> 01:01:10.480]  against the Confederates during the American Civil War.
[01:01:10.480 --> 01:01:11.480]  In recent news,
[01:01:11.480 --> 01:01:14.480]  North Carolina Supreme Court State Judge Arnold Jones II
[01:01:14.480 --> 01:01:17.480]  was arrested today on charges that he tried to bribe an FBI officer
[01:01:17.480 --> 01:01:20.480]  to gather text messages between two phone numbers
[01:01:20.480 --> 01:01:22.480]  for a personal family matter.
[01:01:22.480 --> 01:01:25.480]  The bribe included cash money and a couple cases of beer.
[01:01:25.480 --> 01:01:29.480]  He is facing a maximum of 37 years in federal prison
[01:01:29.480 --> 01:01:35.480]  if convicted on all charges.
[01:01:35.480 --> 01:01:37.480]  A government watchdog group for reconstruction in Afghanistan
[01:01:37.480 --> 01:01:40.480]  announced Monday of this week that U.S. taxpayers got the tab
[01:01:40.480 --> 01:01:44.480]  for a $43 million natural gas filling station in Afghanistan,
[01:01:44.480 --> 01:01:47.480]  which should have only cost around $500,000.
[01:01:47.480 --> 01:01:48.480]  To add insult to injury,
[01:01:48.480 --> 01:01:52.480]  the multi-million dollar gas station has virtually no value to the average Afghan.
[01:01:52.480 --> 01:01:55.480]  A Pentagon task force apparently awarded a $3 million contract
[01:01:55.480 --> 01:01:58.480]  to build the station in Shebergan, Afghanistan,
[01:01:58.480 --> 01:02:00.480]  but ended up spending $12 million in construction costs
[01:02:00.480 --> 01:02:05.480]  and a whopping $30 million in overhead costs alone between 2011 and 2014.
[01:02:05.480 --> 01:02:09.480]  Similar gas stations built in neighboring Pakistan cost a fraction of that,
[01:02:09.480 --> 01:02:16.480]  roughly only $500,000 on average.
[01:02:16.480 --> 01:02:20.480]  A U.S. infrared satellite detected a mid-air heat flash over the Sinai Peninsula
[01:02:20.480 --> 01:02:25.480]  at the same time the Russian Metrojet Flight 9268 crashed in the area this weekend.
[01:02:25.480 --> 01:02:28.480]  U.S. intelligence analysis believed that the heat flash could have been from an explosion
[01:02:28.480 --> 01:02:33.480]  inside the aircraft, most likely caused from a fuel tank eruption or a bomb.
[01:02:33.480 --> 01:02:37.480]  Egyptian forensic experts have also reported that the burns and other injuries on the victims
[01:02:37.480 --> 01:02:40.480]  indicated the mid-air explosion might have taken place within the plane itself.
[01:02:40.480 --> 01:02:43.480]  And even though the insurgents affiliated with the Islamic State
[01:02:43.480 --> 01:02:45.480]  claimed responsibility for the incident,
[01:02:45.480 --> 01:02:48.480]  the aircraft's tail, which fell to the ground miles from the Russian jet,
[01:02:48.480 --> 01:02:58.480]  did strike a runway during a landing in Cairo in 2001.
[01:03:48.480 --> 01:03:52.480]  Okay, we are back.
[01:03:52.480 --> 01:03:58.480]  Randy Kelton, we're here with our special guest, Jeff Cedric,
[01:03:58.480 --> 01:04:02.480]  and we're talking to Rob in New Mexico.
[01:04:02.480 --> 01:04:06.480]  So, Rob, as we last left it, I want to make sure that you're clear
[01:04:06.480 --> 01:04:11.480]  that I am praising you for using the FDCPA,
[01:04:11.480 --> 01:04:15.480]  even though Randy kind of conspiracized it.
[01:04:15.480 --> 01:04:22.480]  It's a very powerful tool.
[01:04:22.480 --> 01:04:25.480]  You've got quite a few violations under it.
[01:04:25.480 --> 01:04:30.480]  I'm kind of bummed about having to bring them all at once,
[01:04:30.480 --> 01:04:33.480]  because I was looking for the camera.
[01:04:33.480 --> 01:04:36.480]  Randy's right, but what will happen is if you file them in separately,
[01:04:36.480 --> 01:04:40.480]  the court will require that you combine them.
[01:04:40.480 --> 01:04:44.480]  If you file them in separately, when you go to settle them,
[01:04:44.480 --> 01:04:50.480]  they'll require that you relieve them of all liability
[01:04:50.480 --> 01:04:54.480]  from that point forward to the end of the earth,
[01:04:54.480 --> 01:04:57.480]  and that basically will destroy your other suits.
[01:04:57.480 --> 01:04:59.480]  Okay.
[01:04:59.480 --> 01:05:06.480]  So it's, you know, one way or the other, you're not going to prevail on that.
[01:05:06.480 --> 01:05:08.480]  Okay.
[01:05:08.480 --> 01:05:13.480]  There is an exception to that, but that's not going to apply here,
[01:05:13.480 --> 01:05:20.480]  because you have a common nucleus of operative fact, you know,
[01:05:20.480 --> 01:05:26.480]  as opposed to if they were calling you about a debt that wasn't your debt,
[01:05:26.480 --> 01:05:30.480]  so each call would be a separate action, okay,
[01:05:30.480 --> 01:05:34.480]  because you don't know the debt, there's no common nucleus of operative fact.
[01:05:34.480 --> 01:05:39.480]  So anyway, congratulations, and thank you for doing that.
[01:05:39.480 --> 01:05:43.480]  Thank you. You're welcome.
[01:05:43.480 --> 01:05:48.480]  Now, what about the fact that he has failed to prove up agency
[01:05:48.480 --> 01:05:51.480]  in spite of my demand that he do so?
[01:05:51.480 --> 01:05:55.480]  Does he have a duty to do that?
[01:05:55.480 --> 01:06:01.480]  You know, everything, I mean everything comes back to duty,
[01:06:01.480 --> 01:06:05.480]  and if you can't get a hold of a black swan, look up duty.
[01:06:05.480 --> 01:06:08.480]  Extremely powerful word.
[01:06:08.480 --> 01:06:12.480]  The real estate contract that he's attempting to collect on
[01:06:12.480 --> 01:06:14.480]  is a matter of public record.
[01:06:14.480 --> 01:06:18.480]  That doesn't make it his duty.
[01:06:18.480 --> 01:06:21.480]  Okay, but anybody could go down to the county records,
[01:06:21.480 --> 01:06:24.480]  pull that out and say, hey, pay me for this.
[01:06:24.480 --> 01:06:30.480]  Well, once he makes a proactive statement of fact,
[01:06:30.480 --> 01:06:38.480]  that proactive statement of fact will be considered regular until challenged,
[01:06:38.480 --> 01:06:40.480]  but once challenged,
[01:06:40.480 --> 01:06:47.480]  the court can no longer accept his proactive statement of fact as fact.
[01:06:47.480 --> 01:06:49.480]  Then he must prove it up.
[01:06:49.480 --> 01:06:51.480]  So yes, he does have a duty.
[01:06:51.480 --> 01:06:52.480]  Okay.
[01:06:52.480 --> 01:06:54.480]  When his agency is challenged.
[01:06:54.480 --> 01:06:55.480]  I don't know.
[01:06:55.480 --> 01:06:56.480]  I don't know.
[01:06:56.480 --> 01:06:58.480]  It's just a question that needs to be answered.
[01:06:58.480 --> 01:07:01.480]  I've got a big section on agency.
[01:07:01.480 --> 01:07:03.480]  Agency cannot be proven out of the mouth of the agent.
[01:07:03.480 --> 01:07:04.480]  Right.
[01:07:04.480 --> 01:07:06.480]  It must be proven out of the mouth of the principal.
[01:07:06.480 --> 01:07:09.480]  However, I found in uniform commercial code where it said
[01:07:09.480 --> 01:07:14.480]  it can be proven out of the mouth of the agent,
[01:07:14.480 --> 01:07:17.480]  but I haven't done any case law study on that yet,
[01:07:17.480 --> 01:07:20.480]  so there are some contradictions as concerns agency.
[01:07:20.480 --> 01:07:23.480]  Yeah.
[01:07:23.480 --> 01:07:30.480]  But he does have to produce enough facts that can be corroborated
[01:07:30.480 --> 01:07:34.480]  to establish his agency standing capacity.
[01:07:34.480 --> 01:07:36.480]  Those three always have to go together.
[01:07:36.480 --> 01:07:38.480]  Right.
[01:07:38.480 --> 01:07:42.480]  Agency to represent a principal who has standing
[01:07:42.480 --> 01:07:45.480]  and the legal capacity to act on that standing.
[01:07:45.480 --> 01:07:47.480]  Right.
[01:07:47.480 --> 01:07:49.480]  That's my story, and I'm sticking to it.
[01:07:49.480 --> 01:07:52.480]  Well, you may do that.
[01:07:52.480 --> 01:07:53.480]  Okay.
[01:07:53.480 --> 01:07:58.480]  All of a sudden we have got a board full of callers.
[01:07:58.480 --> 01:08:01.480]  Do we have any more, Rob?
[01:08:01.480 --> 01:08:05.480]  Well, I was just going to say his failure to provide any evidence of agency
[01:08:05.480 --> 01:08:08.480]  creates the adverse inference that he has not.
[01:08:08.480 --> 01:08:12.480]  Exactly.
[01:08:12.480 --> 01:08:16.480]  That should get him a bar grievance just for yucks.
[01:08:16.480 --> 01:08:17.480]  Oh, yeah.
[01:08:17.480 --> 01:08:19.480]  Of course.
[01:08:19.480 --> 01:08:23.480]  If he fails to do what he has a duty to do,
[01:08:23.480 --> 01:08:28.480]  then at the very least he's a representative of the court.
[01:08:28.480 --> 01:08:31.480]  He's a quasi-public official.
[01:08:31.480 --> 01:08:40.480]  He's not an officer, but he is a public official.
[01:08:40.480 --> 01:08:44.480]  I'm sorry, he's not an official, but he is an officer of the court,
[01:08:44.480 --> 01:08:48.480]  and he has a duty to act with candor to the court.
[01:08:48.480 --> 01:08:54.480]  And I'm back working on the bar grievance site, trying to get it back up.
[01:08:54.480 --> 01:08:56.480]  That and Judiciconda.
[01:08:56.480 --> 01:09:03.480]  As a matter of fact, I just built a Texas bar grievance input form.
[01:09:03.480 --> 01:09:12.480]  I took the form off of the State Bar's website and turned it into an input.
[01:09:12.480 --> 01:09:17.480]  It just had a PDF document, and I turned it into a fill-in-the-blanks document.
[01:09:17.480 --> 01:09:22.480]  But I also put notations on it, and I'll try to get to that tomorrow
[01:09:22.480 --> 01:09:26.480]  and load it up on jurisimprudence.com.
[01:09:26.480 --> 01:09:28.480]  I've got notations.
[01:09:28.480 --> 01:09:41.480]  The very first piece of information the Texas State Bar Association standard form asks for,
[01:09:41.480 --> 01:09:45.480]  the first two pieces of information.
[01:09:45.480 --> 01:09:54.480]  The first one is your Texas Department of Justice inmate number.
[01:09:54.480 --> 01:10:02.480]  The second is your immigration, some kind of immigration stand number.
[01:10:02.480 --> 01:10:12.480]  Before they even ask your name, so I put notations in there for people filling these out.
[01:10:12.480 --> 01:10:18.480]  Why on earth would the State Bar ask you for that information?
[01:10:18.480 --> 01:10:29.480]  What does that have to do with whether a lawyer violated a standard?
[01:10:29.480 --> 01:10:31.480]  Doesn't.
[01:10:31.480 --> 01:10:39.480]  It just tells them who they can ignore and who they can jerk around easily
[01:10:39.480 --> 01:10:45.480]  because they're either in jail or they're a wet-backed immigrant
[01:10:45.480 --> 01:10:47.480]  that we don't have to pay any attention to.
[01:10:47.480 --> 01:10:49.480]  I put in notes in there.
[01:10:49.480 --> 01:10:52.480]  Do not fill that in.
[01:10:52.480 --> 01:10:55.480]  Even if you are an inmate, don't put anything in there.
[01:10:55.480 --> 01:10:58.480]  None of their business.
[01:10:58.480 --> 01:11:04.480]  And I went on down the form and noted where information they're asking for
[01:11:04.480 --> 01:11:07.480]  is only information they can use against you.
[01:11:07.480 --> 01:11:11.480]  Do not tell them who your employer is.
[01:11:11.480 --> 01:11:15.480]  They get a section, they want to know who your employer is and what his phone number is.
[01:11:15.480 --> 01:11:18.480]  Now, why would they do that, Jeff?
[01:11:18.480 --> 01:11:21.480]  So they can call him up.
[01:11:21.480 --> 01:11:28.480]  And ask him, is this guy some kind of flake or they want to know if he's a public official.
[01:11:28.480 --> 01:11:30.480]  Does he drink on the job?
[01:11:30.480 --> 01:11:33.480]  Yeah. When did he stop drinking on the job?
[01:11:33.480 --> 01:11:34.480]  Right.
[01:11:34.480 --> 01:11:36.480]  Has he stopped beating his wife?
[01:11:36.480 --> 01:11:39.480]  Has he stopped beating Randy's wife?
[01:11:39.480 --> 01:11:43.480]  No. I'd like to see him try that.
[01:11:43.480 --> 01:11:45.480]  Good luck.
[01:11:45.480 --> 01:11:47.480]  I want to sell tickets.
[01:11:47.480 --> 01:11:51.480]  Yes. I've heard from Debbie that you come in to work sometimes.
[01:11:51.480 --> 01:11:53.480]  We remember bumps all over.
[01:11:53.480 --> 01:11:59.480]  She learned her strategies from her mother
[01:11:59.480 --> 01:12:08.480]  when her mother found out that guano was not female for bowana.
[01:12:08.480 --> 01:12:14.480]  We were watching this program where they're mining bat poop in Arizona.
[01:12:14.480 --> 01:12:21.480]  And when they called it guano, she just kind of froze and turned toward me real slow
[01:12:21.480 --> 01:12:26.480]  and made up this new pet name for me, which I will repeat.
[01:12:26.480 --> 01:12:29.480]  And don't provide them with ammunition.
[01:12:29.480 --> 01:12:33.480]  Women just don't find us as funny as we do.
[01:12:33.480 --> 01:12:36.480]  Anyway, enough of the funny stuff.
[01:12:36.480 --> 01:12:39.480]  I do miss my mother-in-law. She was a hoot.
[01:12:39.480 --> 01:12:43.480]  She took abuse well.
[01:12:43.480 --> 01:12:45.480]  That's why you loved her, huh?
[01:12:45.480 --> 01:12:51.480]  Yeah. She was great. She really was great.
[01:12:51.480 --> 01:12:53.480]  If mother-in-laws go.
[01:12:53.480 --> 01:12:57.480]  The lawyers.
[01:12:57.480 --> 01:13:04.480]  I work with someone here who is really hammering lawyers.
[01:13:04.480 --> 01:13:07.480]  If we can get more people doing this.
[01:13:07.480 --> 01:13:13.480]  We filed a removal in an eviction case to the federal court,
[01:13:13.480 --> 01:13:20.480]  and the lawyer filed a motion for remand claiming that the federal court
[01:13:20.480 --> 01:13:27.480]  lacked subject matter jurisdiction and asked the court to grant $2,000 in attorney fees.
[01:13:27.480 --> 01:13:34.480]  Rob, what is wrong with that picture?
[01:13:34.480 --> 01:13:38.480]  I don't know. Tell me.
[01:13:38.480 --> 01:13:46.480]  If the judge does not have subject matter jurisdiction, which he ruled that he did not,
[01:13:46.480 --> 01:13:50.480]  there's only one thing he can do.
[01:13:50.480 --> 01:13:52.480]  Remand.
[01:13:52.480 --> 01:13:56.480]  In this case, it wasn't in his court, so he could remand it back.
[01:13:56.480 --> 01:13:58.480]  That's all he could do.
[01:13:58.480 --> 01:14:02.480]  And the lawyer asked for $2,000 in attorney fees.
[01:14:02.480 --> 01:14:06.480]  So David's going to burn him the second time.
[01:14:06.480 --> 01:14:11.480]  Has David sent him a dispute and demand for validation letter?
[01:14:11.480 --> 01:14:14.480]  Oh, yeah. And also sent a...
[01:14:14.480 --> 01:14:18.480]  He was attempting to collect the debt before it was due.
[01:14:18.480 --> 01:14:22.480]  David is really working these guys over.
[01:14:22.480 --> 01:14:25.480]  They have a lawyer and a bankruptcy proceeding.
[01:14:25.480 --> 01:14:30.480]  David and me are putting together pleadings,
[01:14:30.480 --> 01:14:34.480]  and the client is giving them to the lawyer to file.
[01:14:34.480 --> 01:14:38.480]  He's refusing to file them, so she filed them herself.
[01:14:38.480 --> 01:14:41.480]  The lawyer put in a motion to withdraw,
[01:14:41.480 --> 01:14:47.480]  she filed in the Northern District of Texas an objection to the motion to withdraw,
[01:14:47.480 --> 01:14:54.480]  and the clerk said, I have never seen one of these before.
[01:14:54.480 --> 01:14:59.480]  They get in court and the judge said, well, why do you, Ms. Ortiz,
[01:14:59.480 --> 01:15:02.480]  why do you not want him to withdraw?
[01:15:02.480 --> 01:15:06.480]  It's because I paid him. He's under contract.
[01:15:06.480 --> 01:15:10.480]  This woman follows directions well.
[01:15:10.480 --> 01:15:12.480]  Yet you can't get along with him.
[01:15:12.480 --> 01:15:14.480]  Doesn't matter if I get along with him.
[01:15:14.480 --> 01:15:16.480]  I paid him. He's got my money.
[01:15:16.480 --> 01:15:19.480]  He owes it to me to do to get this case.
[01:15:19.480 --> 01:15:26.480]  And the judge said, well, counselor, you're just going to have to work this out.
[01:15:26.480 --> 01:15:31.480]  They have been working this lawyer over, and the lawyers,
[01:15:31.480 --> 01:15:38.480]  that's why I say they are not the sharpest knives in the drawer.
[01:15:38.480 --> 01:15:42.480]  I had one lawyer talking, he did not practice,
[01:15:42.480 --> 01:15:49.480]  and he said that he loves to examine lawyers on the stand.
[01:15:49.480 --> 01:15:54.480]  They make absolutely horrible witnesses say the stupidest things.
[01:15:54.480 --> 01:16:00.480]  Well, I'm looking at the emails this lawyer is sending his client,
[01:16:00.480 --> 01:16:04.480]  and he is unbelievably stupid.
[01:16:04.480 --> 01:16:10.480]  He is setting himself up to be for a malpractice suit.
[01:16:10.480 --> 01:16:21.480]  They got in court, and the judge asked the client if she knew David.
[01:16:21.480 --> 01:16:28.480]  And David was in the courtroom, and he's shocked.
[01:16:28.480 --> 01:16:31.480]  This is a new judge, only been on the bench a week.
[01:16:31.480 --> 01:16:36.480]  How did he know David's name?
[01:16:36.480 --> 01:16:42.480]  David only interacted with the lawyer.
[01:16:42.480 --> 01:16:45.480]  Oops.
[01:16:45.480 --> 01:16:49.480]  This lawyer is, I'm telling you, they're not the sharpest,
[01:16:49.480 --> 01:16:53.480]  I don't know if he said they're not the sharpest knives in the drawer.
[01:16:53.480 --> 01:16:57.480]  They're just so incredibly arrogant.
[01:16:57.480 --> 01:17:00.480]  Hang on, we'll be right back.
[01:17:00.480 --> 01:17:02.480]  Are you being harassed by debt collectors
[01:17:02.480 --> 01:17:05.480]  with phone calls, letters, or even lawsuits?
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[01:17:44.480 --> 01:17:46.480]  and click on the blue Michael Mears banner,
[01:17:46.480 --> 01:17:49.480]  or email michaelmears at yahoo.com.
[01:17:49.480 --> 01:17:57.480]  That's ruleoflawradio.com, or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com.
[01:17:57.480 --> 01:18:01.480]  You'll learn how to stop debt collectors now.
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[01:19:25.480 --> 01:19:35.480]  Well, ain't gonna fool me with that same old trick again.
[01:19:35.480 --> 01:19:40.480]  I was blindsided but now I can see your plan.
[01:19:40.480 --> 01:19:46.480]  You put the fear in my pocket, took the money from my ass.
[01:19:46.480 --> 01:19:55.480]  Ain't gonna fool me with that same old trick again.
[01:19:55.480 --> 01:20:05.480]  Ain't gonna fool me.
[01:20:05.480 --> 01:20:10.480]  I'm just blabbing away and somebody snuck in here and muted my mic again.
[01:20:10.480 --> 01:20:12.480]  This is Randy Kelton, Debra Stevens.
[01:20:12.480 --> 01:20:18.480]  I did a great intro that time and I think Jeff Sedgwick remotely muted my mic.
[01:20:18.480 --> 01:20:21.480]  I need somebody to blame it on.
[01:20:21.480 --> 01:20:22.480]  Wait, you there, Jeff?
[01:20:22.480 --> 01:20:23.480]  You there, Rob?
[01:20:23.480 --> 01:20:27.480]  I will be as soon as I can stop laughing.
[01:20:27.480 --> 01:20:28.480]  Okay, Rob.
[01:20:28.480 --> 01:20:29.480]  Blame it on me.
[01:20:29.480 --> 01:20:31.480]  Have we pretty well handled yours?
[01:20:31.480 --> 01:20:32.480]  We got a full board.
[01:20:32.480 --> 01:20:34.480]  We do need to get moving.
[01:20:34.480 --> 01:20:36.480]  Yeah, real quick.
[01:20:36.480 --> 01:20:41.480]  How much weight does my notice of seller's default in the county records carry
[01:20:41.480 --> 01:20:44.480]  and what is the effect thereof?
[01:20:44.480 --> 01:20:52.480]  Okay, I've been reading the UCC and it appears it may carry a lot of weight.
[01:20:52.480 --> 01:20:53.480]  Good.
[01:20:53.480 --> 01:21:02.480]  Your notice of default accuses the borrower of repudiating the contract.
[01:21:02.480 --> 01:21:08.480]  And there's a lot about repudiation in the UCC.
[01:21:08.480 --> 01:21:14.480]  Read the first three chapters of the UCC and then let's talk about this next Friday.
[01:21:14.480 --> 01:21:19.480]  I want to get a lot deeper into the specifics of the UCC.
[01:21:19.480 --> 01:21:24.480]  You'll be surprised at the nature of the remedy you have in there.
[01:21:24.480 --> 01:21:27.480]  Now, understand that when you read this, for the most part,
[01:21:27.480 --> 01:21:32.480]  it's talking about buying and selling goods or services.
[01:21:32.480 --> 01:21:37.480]  Well, in this case, your property are the goods that were sold.
[01:21:37.480 --> 01:21:40.480]  So this applies to it.
[01:21:40.480 --> 01:21:45.480]  You will find it extremely interesting and informative.
[01:21:45.480 --> 01:21:46.480]  Okay.
[01:21:46.480 --> 01:21:51.480]  And it's black letter law that we get to rely on.
[01:21:51.480 --> 01:21:58.480]  And it's very well seasoned black letter law.
[01:21:58.480 --> 01:22:01.480]  And what about the...
[01:22:01.480 --> 01:22:04.480]  Go ahead.
[01:22:04.480 --> 01:22:07.480]  Okay. What about the what?
[01:22:07.480 --> 01:22:12.480]  What about the alleged assignment of the servicing of the real estate contract
[01:22:12.480 --> 01:22:18.480]  to the new servicer without any kind of notice or assignment that I've ever seen?
[01:22:18.480 --> 01:22:21.480]  Look at the UCC. It's in there.
[01:22:21.480 --> 01:22:25.480]  Okay. I'm looking at that section now.
[01:22:25.480 --> 01:22:34.480]  The section says the buyers breach a repudiation before seller identifies.
[01:22:34.480 --> 01:22:39.480]  If before the seller has identified existing goods to the contract,
[01:22:39.480 --> 01:22:42.480]  the buyer breaches by failing to pay when the contract...
[01:22:42.480 --> 01:22:44.480]  I'm sorry. This is the wrong section.
[01:22:44.480 --> 01:22:46.480]  I'll have to study this a little bit more.
[01:22:46.480 --> 01:22:53.480]  But there's a section in here about when they change,
[01:22:53.480 --> 01:22:59.480]  they can transfer the debt or the contract.
[01:22:59.480 --> 01:23:00.480]  It doesn't say debt.
[01:23:00.480 --> 01:23:03.480]  It says the contract can be transferred.
[01:23:03.480 --> 01:23:08.480]  It appears as though either side can transfer the contract.
[01:23:08.480 --> 01:23:11.480]  But it doesn't here that if they transfer the contract,
[01:23:11.480 --> 01:23:21.480]  the original creditor cannot transfer the responsibility for the contract.
[01:23:21.480 --> 01:23:24.480]  That's the Holder rule.
[01:23:24.480 --> 01:23:32.480]  That makes the original buyer always responsible.
[01:23:32.480 --> 01:23:35.480]  He can't transfer away his responsibility.
[01:23:35.480 --> 01:23:38.480]  And that's what the Holder rule was about.
[01:23:38.480 --> 01:23:51.480]  It says when a transfer is made, then the buyer doesn't say validate the contract,
[01:23:51.480 --> 01:24:03.480]  but he can challenge the validity of the transfer because he is a party to the transaction.
[01:24:03.480 --> 01:24:10.480]  All this stuff they're arguing about right now, we've got some cases going on right now
[01:24:10.480 --> 01:24:17.480]  where the banks are trying to get the courts to say that you're not a party to that assignment.
[01:24:17.480 --> 01:24:20.480]  And the UCC says, yes, you are.
[01:24:20.480 --> 01:24:30.480]  So you had an assignment to an escrow.
[01:24:30.480 --> 01:24:35.480]  You said an escrow agent, you didn't say a servicer.
[01:24:35.480 --> 01:24:39.480]  Yeah, it's an escrow company, escrow servicer.
[01:24:39.480 --> 01:24:40.480]  Hold on, hold on.
[01:24:40.480 --> 01:24:44.480]  Are they acting, are they simply, they're not the ones,
[01:24:44.480 --> 01:24:50.480]  are they the ones collecting the payments or are they merely the ones handling the escrow?
[01:24:50.480 --> 01:24:54.480]  I thought the servicer did both of those.
[01:24:54.480 --> 01:24:59.480]  They collect the payments and then they disperse the payments to the supplier.
[01:24:59.480 --> 01:25:02.480]  Okay, they're the servicer.
[01:25:02.480 --> 01:25:06.480]  And they would disperse the insurance payments if there was insurance.
[01:25:06.480 --> 01:25:14.480]  Okay, you're using the term escrow agent, but that defines what we would call a servicer.
[01:25:14.480 --> 01:25:17.480]  Yeah, I'm sorry, it is escrow servicer.
[01:25:17.480 --> 01:25:24.480]  The escrow agent would be the one that handled the settlement at the time of purchase.
[01:25:24.480 --> 01:25:25.480]  That's what they call it.
[01:25:25.480 --> 01:25:36.480]  I would consider the fact that the escrow company resigned from the contract rather than give you information.
[01:25:36.480 --> 01:25:39.480]  What does that tell you?
[01:25:39.480 --> 01:25:42.480]  Yeah, no, they didn't want to handle my information request
[01:25:42.480 --> 01:25:46.480]  and I don't believe that they have the escrow documents filed with them.
[01:25:46.480 --> 01:25:56.480]  I'm going to bet you they do have the escrow documents and they don't want you to see them.
[01:25:56.480 --> 01:26:05.480]  Everybody that knows the business tells me most of the thieving is done in escrow.
[01:26:05.480 --> 01:26:09.480]  You have no idea what's being paid out.
[01:26:09.480 --> 01:26:25.480]  And it is not unreasonable to expect that the person in the profession of handling your money
[01:26:25.480 --> 01:26:31.480]  can tell you where every penny went to.
[01:26:31.480 --> 01:26:38.480]  To have these learning professionals just for that purpose and they're called accountants
[01:26:38.480 --> 01:26:42.480]  and they do accounting.
[01:26:42.480 --> 01:26:47.480]  In an escrow company, it's an accounting firm.
[01:26:47.480 --> 01:26:51.480]  And to consider that they can't tell you where every dime went to,
[01:26:51.480 --> 01:26:55.480]  of course they can tell you where every dime went to.
[01:26:55.480 --> 01:27:01.480]  They just don't intend to because very good chance they'll go to prison if they do.
[01:27:01.480 --> 01:27:04.480]  So I would certainly go after that one.
[01:27:04.480 --> 01:27:09.480]  But I've got to get going. We've got a whole board full of callers.
[01:27:09.480 --> 01:27:12.480]  Read the UCC and then call us next Friday.
[01:27:12.480 --> 01:27:16.480]  I think we'll have an interesting conversation.
[01:27:16.480 --> 01:27:18.480]  All right. Thanks a lot.
[01:27:18.480 --> 01:27:22.480]  Just section one, two, and three and it'll refer a little bit to some of the others.
[01:27:22.480 --> 01:27:25.480]  But basically that's it.
[01:27:25.480 --> 01:27:29.480]  And I think you'll find it really interesting.
[01:27:29.480 --> 01:27:31.480]  Okay. Thank you, Rob.
[01:27:31.480 --> 01:27:34.480]  Now we're going to go to Mr. Jeff in Mississippi.
[01:27:34.480 --> 01:27:38.480]  And where have you been, young man?
[01:27:38.480 --> 01:27:39.480]  Hey, Randy.
[01:27:39.480 --> 01:27:43.480]  I've called in the last couple of weeks and I just couldn't get through.
[01:27:43.480 --> 01:27:47.480]  I'm not sure what was going on.
[01:27:47.480 --> 01:27:51.480]  Well, our call board will only hold four callers.
[01:27:51.480 --> 01:27:55.480]  So if anybody's trying to call in and they can't get through,
[01:27:55.480 --> 01:28:02.480]  when you finish a call, drop off the line.
[01:28:02.480 --> 01:28:06.480]  Don't stay on and listen because we can only hold four at a time.
[01:28:06.480 --> 01:28:11.480]  So after we've finished with one caller, if you've been trying to get in,
[01:28:11.480 --> 01:28:13.480]  that's a good time to call in.
[01:28:13.480 --> 01:28:19.480]  And I apologize for the congestion, but we've been having a lot of caller slavery.
[01:28:19.480 --> 01:28:20.480]  Not a problem.
[01:28:20.480 --> 01:28:26.480]  I have got something very interesting going on with my case, but I'm kind of lost.
[01:28:26.480 --> 01:28:28.480]  I don't know where to go.
[01:28:28.480 --> 01:28:38.480]  My motion to have a new trial after my trial was denied on June the 15th.
[01:28:38.480 --> 01:28:43.480]  And according to the rules, Mississippi rules,
[01:28:43.480 --> 01:28:49.480]  the court reporter has 60 days and then she has a 90-day extension.
[01:28:49.480 --> 01:28:55.480]  Or I'm sorry, a 30-day extension, which gives her a total of 90 days.
[01:28:55.480 --> 01:28:57.480]  And she is shot way past that.
[01:28:57.480 --> 01:29:03.480]  She's now on five and a half months and has not given me...
[01:29:03.480 --> 01:29:06.480]  She hasn't given me one.
[01:29:06.480 --> 01:29:10.480]  Have you sued her?
[01:29:10.480 --> 01:29:11.480]  No, I haven't.
[01:29:11.480 --> 01:29:16.480]  I filed a complaint against her about a month ago and I'm ready to file another one.
[01:29:16.480 --> 01:29:21.480]  I also emailed my attorney to telling him to file an objection
[01:29:21.480 --> 01:29:28.480]  and he was dumb enough to write me back and to say, I will not.
[01:29:28.480 --> 01:29:30.480]  So I think I can hang these people.
[01:29:30.480 --> 01:29:33.480]  I just don't know where to go.
[01:29:33.480 --> 01:29:35.480]  Sue her.
[01:29:35.480 --> 01:29:37.480]  Okay.
[01:29:37.480 --> 01:29:38.480]  Hang on.
[01:29:38.480 --> 01:29:40.480]  We're at the count of the rule already.
[01:29:40.480 --> 01:29:46.480]  I call it number 512-646-1984.
[01:29:46.480 --> 01:29:48.480]  On the break, go look at our sponsors.
[01:29:48.480 --> 01:29:51.480]  And this is a little longer break, so have a little more time
[01:29:51.480 --> 01:29:56.480]  and spend a whole lot of money because Randy's Beer Fund is in terrible shape.
[01:29:56.480 --> 01:30:01.480]  We'll be right back.
[01:30:01.480 --> 01:30:05.480]  A lot of people are down on their luck these days, going hungry and homeless.
[01:30:05.480 --> 01:30:10.480]  But groups that try to feed them face a surprising enemy, their own governments.
[01:30:10.480 --> 01:30:13.480]  Apparently, no good deed goes unpunished.
[01:30:13.480 --> 01:30:16.480]  I'm Dr. Catherine Albrecht and I'll be back with details.
[01:30:16.480 --> 01:30:18.480]  Privacy is under attack.
[01:30:18.480 --> 01:30:22.480]  When you give up data about yourself, you'll never get it back again.
[01:30:22.480 --> 01:30:27.480]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:27.480 --> 01:30:28.480]  So protect your rights.
[01:30:28.480 --> 01:30:32.480]  Say no to surveillance and keep your information to yourself.
[01:30:32.480 --> 01:30:34.480]  Privacy, it's worth hanging on to.
[01:30:34.480 --> 01:30:38.480]  This public service announcement is brought to you by StartPage.com,
[01:30:38.480 --> 01:30:42.480]  the private search engine alternative to Google, Yahoo, and Bing.
[01:30:42.480 --> 01:30:45.480]  Start over with StartPage.
[01:30:45.480 --> 01:30:48.480]  Warm-hearted heroes or cold-blooded criminals.
[01:30:48.480 --> 01:30:53.480]  Three members of a group called Food Not Bombs, including 24-year-old Jessica Cross,
[01:30:53.480 --> 01:30:57.480]  brought healthy meals to an Orlando park to feed the homeless.
[01:30:57.480 --> 01:31:00.480]  Despite a city ordinance that allows feeding just 25 people,
[01:31:00.480 --> 01:31:04.480]  Cross's group fed all 40 hungry souls who arrived.
[01:31:04.480 --> 01:31:08.480]  The police used their excellent counting skills to detect the crime
[01:31:08.480 --> 01:31:10.480]  and nabbed the hardened lawbreakers.
[01:31:10.480 --> 01:31:12.480]  Of course, there's a historical precedent.
[01:31:12.480 --> 01:31:15.480]  Jesus served thousands with loaves and fishes,
[01:31:15.480 --> 01:31:18.480]  and he wasn't popular with the local authorities either.
[01:31:18.480 --> 01:31:20.480]  He was crucified for his kindness,
[01:31:20.480 --> 01:31:24.480]  while Jessica Cross and her friends face up to 60 days in jail.
[01:31:24.480 --> 01:31:25.480]  I'm Dr. Catherine Albrecht.
[01:31:25.480 --> 01:31:30.480]  More news and information at CatherineAlbrecht.com.
[01:31:30.480 --> 01:31:35.480]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:35.480 --> 01:31:37.480]  The government says that fire brought it down.
[01:31:37.480 --> 01:31:42.480]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[01:31:42.480 --> 01:31:45.480]  Over 6,000 of my fellow service members have given their lives.
[01:31:45.480 --> 01:31:48.480]  Thousands of my fellow first responders are dying.
[01:31:48.480 --> 01:31:49.480]  I'm not a conspiracy theorist.
[01:31:49.480 --> 01:31:50.480]  I'm a structural engineer.
[01:31:50.480 --> 01:31:52.480]  I'm a New York City correction officer.
[01:31:52.480 --> 01:31:53.480]  I'm an Air Force pilot.
[01:31:53.480 --> 01:31:54.480]  I'm a father who lost his son.
[01:31:54.480 --> 01:31:57.480]  We're Americans, and we deserve the truth.
[01:31:57.480 --> 01:32:25.480]  Go to rememberbuilding7.org today.
[01:32:27.480 --> 01:32:28.480]  Thank you.
[01:32:27.480 --> 01:32:28.480]  Thank you.
[01:32:28.480 --> 01:32:56.480]  Thank you.
[01:32:56.480 --> 01:32:59.480]  Thank you.
[01:32:59.480 --> 01:33:27.480]  Thank you.
[01:33:27.480 --> 01:33:49.080]  Okay, we are back, Randy Kelton, Deborah Stevens, Blue strand Radio, here with Jeff
[01:33:49.080 --> 01:33:53.480]  Cedrick and we're talking to Jeff in Mississippi.
[01:33:53.480 --> 01:34:02.560]  Sue the court reporter, she is not a public official, she is a contractor, she
[01:34:02.560 --> 01:34:10.760]  doesn't have any immunity. So you've been stuck here with this cloud hanging
[01:34:10.760 --> 01:34:16.480]  over your head, you're unable to relieve the cloud that's hanging over your head
[01:34:16.480 --> 01:34:23.680]  because she failed to produce a transcript. So what you might do is ask
[01:34:23.680 --> 01:34:30.360]  her for the actual note she took and you'll take them to another court
[01:34:30.360 --> 01:34:37.560]  reporter. Do they do a voice recording as well?
[01:34:37.560 --> 01:34:46.840]  I don't know. Most court reporters nowadays do. You might check that and
[01:34:46.840 --> 01:34:51.360]  request the voice recording so that you can make your own transcript. You can
[01:34:51.360 --> 01:34:56.160]  give it to another court reporter and they can make a transcript for you.
[01:34:56.160 --> 01:35:09.600]  Okay. The rules of this situation is after 90 days the court reporter has to
[01:35:09.600 --> 01:35:16.200]  request further extensions from the Supreme Court and she has to submit in
[01:35:16.200 --> 01:35:23.240]  writing why she wasn't able to finish her job. And the only piece of paper that
[01:35:23.240 --> 01:35:30.760]  I have is a letter from the Supreme Court clerk granting her another extension
[01:35:30.760 --> 01:35:37.400]  but it's not signed by a judge and no one has turned over any paperwork that
[01:35:37.400 --> 01:35:43.840]  you know shows cause for her to be late with her job. Have you made a specific
[01:35:43.840 --> 01:35:54.080]  request for that? No. Let me make a suggestion. I'm learning more about how
[01:35:54.080 --> 01:36:02.080]  to play politics. You might look in Alabama or Mississippi law for
[01:36:02.080 --> 01:36:11.000]  pre-litigation discovery. Most states have it in one form or another but you
[01:36:11.000 --> 01:36:17.960]  might want to do pre-litigation discovery to subpoena the court reporter
[01:36:17.960 --> 01:36:27.840]  and question her about these procedures she was required to follow. That'll
[01:36:27.840 --> 01:36:33.760]  get everybody unhappy. Look in your rules of civil procedure for preservation of
[01:36:33.760 --> 01:36:43.480]  evidence. Because this type of procedure is about preserving evidence.
[01:36:43.480 --> 01:36:53.240]  Yes I think in the Fed it's rule 70. I think it's question 9. But in the Fed most
[01:36:53.240 --> 01:37:02.520]  states follow the Fed and the Fed allows you to do depositions. Texas and the Fed
[01:37:02.520 --> 01:37:07.920]  only allows you to do deposition to preserve evidence and your whole suits
[01:37:07.920 --> 01:37:15.440]  about preserving evidence. Right. So that tells the court reporter and everybody
[01:37:15.440 --> 01:37:19.760]  else that you're fixing to file a civil suit against them. And they also know
[01:37:19.760 --> 01:37:28.320]  that just federal courts have a jaundiced eye towards the state courts. Yeah the rule
[01:37:28.320 --> 01:37:37.800]  is take this date to the Fed and the Fed to the state. All right. So if you make
[01:37:37.800 --> 01:37:44.720]  your request under the federal pre-litigation discovery act that'll
[01:37:44.720 --> 01:37:48.980]  kind of say I'm fixing to do a federal suit against you guys without you
[01:37:48.980 --> 01:37:56.200]  actually having to say it. It's always better if somebody else figures out what
[01:37:56.200 --> 01:37:59.800]  they think you're trying to do. It's always worse than what you're actually
[01:37:59.800 --> 01:38:12.040]  trying to do. Yeah it's kind of like the theme song from Music Man. 76 trombones
[01:38:12.040 --> 01:38:19.320]  led the big parade with a hundred and ten cornets right behind. Yep. You'll be
[01:38:19.320 --> 01:38:30.360]  announced. I like it when they think what you're doing rather than you say it.
[01:38:30.360 --> 01:38:34.080]  When I went into Williamson County and looked through their records and
[01:38:34.080 --> 01:38:40.000]  wouldn't tell anybody why I was there. I went and sat in a courtroom and one of
[01:38:40.000 --> 01:38:44.720]  these little assistant district attorneys came over and said sir, sir and
[01:38:44.720 --> 01:38:50.240]  I looked up and I'm sitting here taking notes. Do you have a case in this court
[01:38:50.240 --> 01:38:55.040]  today? Oh no no no nothing like that. I go back to writing. Sir, sir and I look up
[01:38:55.040 --> 01:39:00.760]  yes. Do you have a civil case in this court? No no no nothing like that. I go
[01:39:00.760 --> 01:39:05.040]  back to writing. Stands there a minute. Sir, sir and I look up and hold up both
[01:39:05.040 --> 01:39:10.960]  hands with my palms out. No more questions. And you thought I hit him with
[01:39:10.960 --> 01:39:16.680]  a brick. By the time I got out of that courtroom, the guy I had come down there
[01:39:16.680 --> 01:39:24.160]  about and looked at his folder, they arrested him for two prescription pills
[01:39:24.160 --> 01:39:28.160]  and an aspirin bottle. He brought him the prescriptions for both pills. They're
[01:39:28.160 --> 01:39:32.720]  still trying to prosecute. They dismissed the case, took him to the judge, got the
[01:39:32.720 --> 01:39:36.700]  judge to sign the order, took him to the clerk, filled out the paperwork. He got
[01:39:36.700 --> 01:39:42.880]  his bail money back the next day. And that's because the more corrupt they
[01:39:42.880 --> 01:39:48.640]  are, the more and you come in there and they don't know who you are, the more
[01:39:48.640 --> 01:39:52.680]  frightened they get. They all run home and they crack the door open on their
[01:39:52.680 --> 01:39:57.560]  deepest darkest closet and look at those skeletons in there and they're sure
[01:39:57.560 --> 01:40:08.440]  you're there because of them. So politics works. So have fun with it, Jeff. Do you
[01:40:08.440 --> 01:40:17.280]  have anything else for us? No, I will call you next week. Okay, stay after them.
[01:40:17.280 --> 01:40:23.880]  Okay, thank you, Jeff. Now we're going to go to Sonny in Georgia. Hello, Sonny. Hello,
[01:40:23.880 --> 01:40:32.040]  Randy. How are you doing? I'm doing good. What do you have for us today? Well, I had
[01:40:32.040 --> 01:40:41.400]  a TRO hearing a couple days ago and I just got the... I was denied. I just got
[01:40:41.400 --> 01:40:51.200]  the order back and the judge pulled a switcheroo on me in court. Can you
[01:40:51.200 --> 01:40:59.560]  imagine? No, I wouldn't think judges would do things like that. What did he do?
[01:40:59.560 --> 01:41:11.920]  He misapplied the statute. He said that I did not... Well, what I was doing, I was
[01:41:11.920 --> 01:41:19.760]  filing a quiet title action to remove a fraudulent document from the record and
[01:41:19.760 --> 01:41:27.920]  it was an assignment of the security deed and I was trying to get a temporary
[01:41:27.920 --> 01:41:38.800]  restraining order to stop the foreclosure sale. The attorney for the... at the
[01:41:38.800 --> 01:41:44.840]  hearing, the morning of the sale, the attorney for the servicer, they
[01:41:44.840 --> 01:41:50.800]  represent the SPS, Bank of America, Deutsche Bank, but they said they do not
[01:41:50.800 --> 01:41:55.880]  represent MERS. They came in and they said, oh, we don't represent MERS. I filed
[01:41:55.880 --> 01:42:03.120]  a suit. I'd only listed MERS because they're the ones who transferred the... or
[01:42:03.120 --> 01:42:12.040]  claimed to assign the security deed. Whoa, hold on, stop. You filed a quiet
[01:42:12.040 --> 01:42:21.960]  title. You're named as a defendant MERS. Yes. And no one else? No one else. Did
[01:42:21.960 --> 01:42:29.440]  these attorneys present themselves to the court? Yes. Did you object to them?
[01:42:29.440 --> 01:42:38.680]  Yes. Yes, I did. And the court heard them anyway? Yes. He said, no, just hold on.
[01:42:38.680 --> 01:42:45.000]  He said, you know, you know, I get to hear them, you know, let me hear and just
[01:42:45.000 --> 01:42:49.800]  hold on. You'll get your chance to speak. That's what he was trying to say. And I
[01:42:49.800 --> 01:42:54.200]  would say, you know, look, I object to this. And he said, you know, you'll get
[01:42:54.200 --> 01:43:06.040]  your chance in a minute. So did he... in his order, did he give indication that
[01:43:06.040 --> 01:43:19.000]  the defendant had appeared in the court? No, they... Did the defendant file an
[01:43:19.000 --> 01:43:31.240]  answer? No, there was no answer. Oh, so there was no evidence of any kind before
[01:43:31.240 --> 01:43:41.480]  the court to oppose your motion to your court title? Not from their side. Not any
[01:43:41.480 --> 01:43:46.320]  real evidence. Nothing entered. No, no, no, no, no, no, wait. You're missing my
[01:43:46.320 --> 01:43:51.560]  point. If MERS didn't show up in the court, it doesn't make any difference what
[01:43:51.560 --> 01:43:56.600]  these other lawyers said. And you should bar Grieve and both of those lawyers and
[01:43:56.600 --> 01:44:02.280]  ask the court for sanctions. Hang on. You feel tired when talking about important
[01:44:02.280 --> 01:44:06.600]  topics like money and politics? Are you confused by words like the Constitution
[01:44:06.600 --> 01:44:10.680]  or the Federal Reserve? If so, you may be diagnosed with the deadliest disease
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[01:46:26.120 --> 01:46:37.000]  Okay, Randy Kelton back from falling off the cliff again.
[01:46:37.000 --> 01:46:43.880]  Debra Stevens here with Jeff Cedric and Sonny, something's missing.
[01:46:43.880 --> 01:46:47.320]  How did these guys get in the court route? How did they get in front of the
[01:46:47.320 --> 01:46:49.480]  bar?
[01:46:49.960 --> 01:46:55.320]  What did they tell the court they were doing there?
[01:46:55.320 --> 01:47:03.080]  I didn't hear them say anything until after the hearing started.
[01:47:03.080 --> 01:47:08.200]  They were there. Okay, hold on. When the hearing starts,
[01:47:08.200 --> 01:47:14.760]  the court will generally identify the participants. How did
[01:47:14.760 --> 01:47:18.600]  these lawyers identify themselves?
[01:47:18.600 --> 01:47:24.760]  He said that he was not there representing MERS, but he was there
[01:47:24.760 --> 01:47:31.880]  representing the trustee Deutsche Bank. He was saying that he had an
[01:47:31.880 --> 01:47:38.760]  interest in the hearing, in the suits.
[01:47:38.760 --> 01:47:43.240]  Okay, this is a quiet title action. He can do that.
[01:47:43.240 --> 01:47:50.520]  Well, technically, he doesn't. Okay. No, what I'm saying is,
[01:47:50.520 --> 01:47:57.160]  you're challenging the public record,
[01:47:57.160 --> 01:48:00.280]  and it is his public record and it belongs to everybody.
[01:48:00.280 --> 01:48:05.240]  So, anyone who claims an interest can be heard.
[01:48:05.640 --> 01:48:10.120]  Now, whether they actually have an interest or not,
[01:48:10.120 --> 01:48:15.480]  that you can challenge, and you did. You objected to them,
[01:48:15.480 --> 01:48:22.440]  but they claimed an interest. Did you refer the judge to the public record
[01:48:22.440 --> 01:48:26.360]  in order to establish their interest?
[01:48:27.000 --> 01:48:34.920]  Yes, I did. As I tried to explain to the judge
[01:48:34.920 --> 01:48:42.520]  how he kept cutting me off. He would not
[01:48:42.520 --> 01:48:48.280]  let me show, because I was ready to show that
[01:48:48.280 --> 01:48:52.520]  Deutsche Bank did not have an interest because
[01:48:52.520 --> 01:48:59.560]  it was on its face clear to the court
[01:48:59.560 --> 01:49:04.200]  that Deutsche Bank, they were never the trustee
[01:49:04.200 --> 01:49:08.440]  because it was never transferred. It was transferred six years after
[01:49:08.440 --> 01:49:11.720]  the pooling and service agreement cut off date.
[01:49:11.720 --> 01:49:14.680]  So...
[01:49:15.560 --> 01:49:19.160]  Well, I can, you know, just under what you got through saying to us,
[01:49:19.160 --> 01:49:22.440]  just now, I can understand the judge cutting you off.
[01:49:22.440 --> 01:49:25.560]  It doesn't make any sense. Okay.
[01:49:27.080 --> 01:49:30.760]  Yeah, I never even got that far. I just made some pooling and service agreement,
[01:49:30.760 --> 01:49:32.840]  and he just said... Yeah, and it said, you know, as far as
[01:49:32.840 --> 01:49:36.600]  they're concerned, pooling and service agreement is none of your business.
[01:49:36.600 --> 01:49:41.960]  What's on the record that shows it was transferred into the dress?
[01:49:43.960 --> 01:49:48.920]  Well, yeah, that's why I was saying public record because
[01:49:49.320 --> 01:49:54.520]  the question should have been, where is there evidence in the public
[01:49:54.520 --> 01:49:59.560]  record that Deutsche Bank has any claim to this property?
[01:49:59.560 --> 01:50:04.840]  Right. Yeah, that's all it matters.
[01:50:04.840 --> 01:50:08.600]  The pooling and service agreement, Jeff is right, don't mean anything.
[01:50:08.600 --> 01:50:12.120]  It's not in the public record. The only thing the judge can
[01:50:12.120 --> 01:50:15.400]  see or hear is he can see what's in the record,
[01:50:15.400 --> 01:50:20.040]  it can hear something said about what's in the record.
[01:50:20.040 --> 01:50:24.040]  I stood in an eviction hearing. The lawyer brought up a
[01:50:24.040 --> 01:50:27.560]  substitute trustees deed objection, your honor.
[01:50:27.560 --> 01:50:32.520]  I have here a printout from the County Clerk's Office where I had the
[01:50:32.520 --> 01:50:37.800]  clerk do a search in the record for this property.
[01:50:37.800 --> 01:50:41.080]  You'll see that a trustee's deed is not listed there,
[01:50:41.080 --> 01:50:44.680]  and the trustee deed he's offering to this court does not have a
[01:50:44.680 --> 01:50:48.120]  court stamp on it. Well, Mr. Kalkin, he has one.
[01:50:48.120 --> 01:50:52.840]  Yes, he does, your honor, but you can't see it.
[01:50:53.560 --> 01:50:56.680]  He decided he could anyway and ruled against you with the I have filed
[01:50:56.680 --> 01:51:00.680]  criminal charges against him. But the point is it's not in the record
[01:51:00.680 --> 01:51:03.240]  so the judge can't see it, it's not before the court.
[01:51:03.240 --> 01:51:07.320]  The pooling and servicing agreement is never going to be before this court,
[01:51:07.320 --> 01:51:10.360]  not this court, because this court is about
[01:51:10.360 --> 01:51:15.080]  public record. So the objection should have been
[01:51:15.080 --> 01:51:18.600]  there's nothing in the public record that shows that the
[01:51:18.600 --> 01:51:23.720]  that Deutsche Bank has any interest in this matter.
[01:51:23.720 --> 01:51:29.240]  They claimed that that the assignment was
[01:51:29.240 --> 01:51:33.000]  was was proof as they were the proposed holder.
[01:51:33.000 --> 01:51:37.400]  Sir, your challenge is the public record, as Randy said.
[01:51:37.400 --> 01:51:40.920]  You did not mention the public record's absence of that.
[01:51:40.920 --> 01:51:43.400]  You lose.
[01:51:44.120 --> 01:51:49.560]  Hold on. Who assigned what to who?
[01:51:49.560 --> 01:51:58.040]  Southern Lenders Mortgage through their nominee MERS
[01:51:58.040 --> 01:52:06.120]  transferred the security deed to the trust and Deutsche Bank is trustee.
[01:52:06.120 --> 01:52:08.840]  They had standing.
[01:52:10.600 --> 01:52:14.280]  Because they had standing based on the on the
[01:52:14.280 --> 01:52:18.440]  face of the document. They're named in the document.
[01:52:18.440 --> 01:52:22.200]  Now you're saying the document's not valid and they're coming to say oh yeah
[01:52:22.200 --> 01:52:26.920]  it is valid. And it's got my name on it so I have a
[01:52:26.920 --> 01:52:31.720]  right to to stand before the court and raise the issue.
[01:52:31.880 --> 01:52:36.360]  So they were right. They did have standing. Okay.
[01:52:36.840 --> 01:52:40.040]  But it still is not in the public record? No, no, no, yeah it is.
[01:52:40.040 --> 01:52:44.520]  Yeah this is what he he's challenging an assignment that's in the public record.
[01:52:44.520 --> 01:52:47.720]  Oh okay. I thought it was just a MERS which is not recorded.
[01:52:47.720 --> 01:52:51.800]  My mistake? Yeah this one's in the record so since
[01:52:51.800 --> 01:52:55.240]  they were named in that document in the record that gave them standing.
[01:52:55.240 --> 01:53:02.520]  Okay. I was talking to to Sonny.
[01:53:04.600 --> 01:53:07.720]  Does that make sense Sonny?
[01:53:10.440 --> 01:53:16.760]  Sonny did we lose you? Oh well looks like we lost Sonny.
[01:53:16.760 --> 01:53:21.560]  Okay we're going to Charles in Georgia. We got five minutes
[01:53:21.560 --> 01:53:25.560]  left. Hello Charles. What do you have for us today?
[01:53:25.560 --> 01:53:29.880]  How's it going Randy? I was following up with what we talked about last week
[01:53:29.880 --> 01:53:35.240]  about the rule 12b6 filing.
[01:53:35.240 --> 01:53:39.640]  Yes you got just the right guy here.
[01:53:39.640 --> 01:53:44.280]  You were putting in you we were talking about how
[01:53:44.280 --> 01:53:50.280]  rule 12b6 if you claim fraud it's going to get you to rule 12b6.
[01:53:50.280 --> 01:53:53.320]  Oh wait a minute wait a minute hold on I'm thinking somebody else. You already
[01:53:53.320 --> 01:53:58.520]  have a rule 12b6 that's right? No I don't have it in yet.
[01:53:58.520 --> 01:54:03.640]  No I've just gotten the um I've just gotten my my
[01:54:03.640 --> 01:54:07.800]  my notes back from the appeals. Okay hold on let's back up.
[01:54:07.800 --> 01:54:11.320]  We've only got five minutes so very quickly what's your situation? I'm
[01:54:11.320 --> 01:54:14.760]  mixing you up with someone else.
[01:54:16.920 --> 01:54:22.680]  Now I'm drawing a blank on my situation. You need to talk to Jeff
[01:54:22.680 --> 01:54:25.240]  Sedgwick.
[01:54:27.240 --> 01:54:31.880]  No um what has happened I'm I'm the one with the um
[01:54:31.880 --> 01:54:38.200]  the paternity issue. Oh my. Georgia Michigan paternity. I've had the
[01:54:38.200 --> 01:54:44.440]  case removed from the county court to a federal court.
[01:54:44.440 --> 01:54:49.080]  Okay we couldn't hear you you need to keep the mic close to your mouth.
[01:54:49.080 --> 01:54:52.600]  Okay can you hear me now is this a little bit better? Yeah yeah it sounds
[01:54:52.600 --> 01:54:55.880]  like you turned your head away from the mic or something.
[01:54:55.880 --> 01:55:00.840]  Okay go ahead um what what has happened is um I've had the case
[01:55:00.840 --> 01:55:03.960]  uh I'm having the case removed from the county court
[01:55:03.960 --> 01:55:08.760]  to the federal court. County court being in Michigan?
[01:55:08.760 --> 01:55:14.440]  Yes. Okay I thought I remembered. Yeah and now you you were going to file a
[01:55:14.440 --> 01:55:17.320]  12b6.
[01:55:17.400 --> 01:55:22.520]  Yes that's what we discussed last week is um I need to read up on what a 12b6 is
[01:55:22.520 --> 01:55:25.080]  and I'm looking at the Stanford Law Review and it looks
[01:55:25.080 --> 01:55:30.520]  just this this Stanford Law Review is 27 pages and it looks like I'm going to
[01:55:30.520 --> 01:55:33.480]  have to read this about seven times to actually understand what the hell is
[01:55:33.480 --> 01:55:37.240]  going on. Well I suggest you serve the name if you
[01:55:37.240 --> 01:55:40.600]  get two or three maybe even four or five articles on
[01:55:40.600 --> 01:55:46.760]  failure to state a claim which is what 12b6 is.
[01:55:46.760 --> 01:55:52.760]  Yes and read up as much as you possibly can on it. It's not an
[01:55:52.760 --> 01:55:57.880]  it's not an easy topic it can be a very difficult topic
[01:55:57.880 --> 01:56:02.440]  and it basically goes to court lacks subject matter jurisdiction
[01:56:02.440 --> 01:56:07.480]  but they don't like hearing that they much rather hear 12b6
[01:56:07.480 --> 01:56:15.480]  failure to state a claim. Right Randy? Exactly if you fail to state a claim
[01:56:15.480 --> 01:56:19.000]  that for which the court can grant remedy
[01:56:19.000 --> 01:56:25.240]  now you can state the claim but if if it's not a claim for which the
[01:56:25.240 --> 01:56:31.800]  court can grant remedy then you you have been failed to
[01:56:31.800 --> 01:56:36.040]  invoke the subject matter jurisdiction in the court. Right.
[01:56:36.040 --> 01:56:40.040]  That's the argument. See Jaddy made claims
[01:56:40.040 --> 01:56:46.440]  but they're not claims that this court can hear. Your claims are insufficient.
[01:56:48.440 --> 01:56:54.200]  Well this come after Ashcroft Twombly
[01:56:54.200 --> 01:57:03.560]  Ashcroft Tongue-Tightly Lee. How about Ashcroft the
[01:57:03.560 --> 01:57:10.360]  Ickball? Ickball. Might be easier to say. Yeah Ickball is a little easier
[01:57:10.360 --> 01:57:15.320]  but you you can't just give notice pleadings anymore
[01:57:15.320 --> 01:57:18.920]  and when they passed these they said it wasn't their intention to
[01:57:18.920 --> 01:57:23.960]  to raise the pleading standard but they raised the pleading standard to an
[01:57:23.960 --> 01:57:28.680]  almost impossible standard. You almost literally have to
[01:57:28.680 --> 01:57:32.120]  adjudicate your case in the original pleading
[01:57:32.120 --> 01:57:35.480]  but then on the other hand I can understand
[01:57:35.480 --> 01:57:42.120]  why it's better that way because the other side gets notice of what your
[01:57:42.120 --> 01:57:45.160]  claims really are.
[01:57:45.560 --> 01:57:48.920]  But it makes it more difficult it's unsettled.
[01:57:48.920 --> 01:57:54.680]  What the Supreme Court did is raise the bar to the complaint
[01:57:54.680 --> 01:58:00.520]  has to be plausible without a definition of plausible.
[01:58:00.520 --> 01:58:06.760]  So it's just whatever the judge as you decide suits you at the
[01:58:06.760 --> 01:58:13.080]  moment. Very much so. So do your reading
[01:58:13.080 --> 01:58:17.560]  and then call back in next week and kind of give us a synopsis of what you
[01:58:17.560 --> 01:58:21.560]  found out. We are out of time this is Randy
[01:58:21.560 --> 01:58:25.640]  Kelton, Debra Stevens, Radio,
[01:58:25.640 --> 01:58:28.840]  and here with Jeff Sedgert. Thank you Jeff for your
[01:58:28.840 --> 01:58:36.040]  valuable input and your comedy second.
[01:58:36.040 --> 01:58:40.040]  I hope I didn't take the other caller away.
[01:58:40.040 --> 01:58:44.760]  Mississippi or Georgia? Georgia.
[01:58:44.760 --> 01:58:50.360]  Okay hang on we're out of time.
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