ROL_2015-11-13_16k_Hr1-2.timecode

[00:00.000 --> 00:07.760]  The following newsflash is brought to you by the Lone Star Lowdown, providing the deli
[00:07.760 --> 00:15.440]  bulletins for the commodities market, today in history, news updates, and the inside scoop
[00:15.440 --> 00:23.280]  into the tides of the alternative.
[00:23.280 --> 00:29.600]  Markets for the 11th of November 2015 opened up with gold at $1,084.79 an ounce, silver
[00:29.600 --> 00:36.280]  at $14.30 an ounce, Texas crude at $44.21 a barrel, and Bitcoin is currently sitting
[00:36.280 --> 00:45.000]  at about $310 U.S. currency.
[00:45.000 --> 00:50.760]  Today in history, Friday November 11th, Memorial Day 1921, President Warren G. Harding officiated
[00:50.760 --> 00:55.400]  at the internment ceremonies at the Memorial Amphitheater at Arlington National Cemetery
[00:55.400 --> 00:59.640]  of one of the four caskets exhumed from American cemeteries in France.
[00:59.640 --> 01:07.440]  This was the commemoration of the unknown soldier of World War I.
[01:07.440 --> 01:13.000]  In recent news, the Chinese e-commerce company Alibaba broke records with $14.3 billion in
[01:13.000 --> 01:15.960]  sales on Singles Day, November 11th.
[01:15.960 --> 01:21.040]  11-11 is Singles Day in China because 11-11 looked like bare branches, a term used for
[01:21.040 --> 01:22.500]  bachelors in Chinese.
[01:22.500 --> 01:27.480]  The Alibaba Group holding limited said mobile sales loan made up about 70% of it, while
[01:27.480 --> 01:31.640]  Alibaba Jack Ma has said that he'd like to export Singles Day to the United States.
[01:31.640 --> 01:36.280]  It's not likely, say experts, since it would turn a solemn day of remembrance into a day
[01:36.280 --> 01:38.000]  of frivolous spending.
[01:38.000 --> 01:42.240]  You know, like Thanksgiving and Christmas, Alibaba was able to make 14-plus billion in
[01:42.240 --> 01:53.320]  sales in a single day in a country that spends a third of what we do on military armament.
[01:53.320 --> 01:57.920]  The world's most popular social media site, Facebook, will now be charged 250,000 euros
[01:57.920 --> 02:02.500]  a day if it doesn't change the way it uses tracking cookies after a lawsuit was raised
[02:02.500 --> 02:05.800]  in one by a Belgian privacy watchdog group.
[02:05.800 --> 02:09.500]  Frederic de Bouchière, the lawyer behind the case, has stated that he is anticipating
[02:09.500 --> 02:10.840]  other cases to follow.
[02:10.840 --> 02:14.640]  The Belgian privacy watchdog successfully argued that Facebook was infringing on the
[02:14.640 --> 02:18.240]  privacy rights of the country's citizens by tracking them around the internet, even
[02:18.240 --> 02:20.160]  if they hadn't signed up to the site.
[02:20.160 --> 02:24.320]  Apparently, Facebook had been enabling cookies which would load onto a user's browser if
[02:24.320 --> 02:28.560]  they went onto a Facebook page, even if they weren't logged in, and then used them to track
[02:28.560 --> 02:31.040]  them when they came back to the site.
[02:31.040 --> 02:36.000]  Facebook's defense is that it was only collecting computer IP addresses and other unique identifiers
[02:36.000 --> 02:37.000]  via these cookies.
[02:37.000 --> 02:41.880]  However, the court ruled that that information was personal data and should not be tracked.
[02:41.880 --> 02:47.120]  Facebook does plan to appeal the case, stating that only EU courts and not Belgian courts
[02:47.120 --> 02:49.600]  have the authority to make such rulings.
[02:49.600 --> 03:09.440]  This was your Lowdown for November 11, 2013.
[03:09.440 --> 03:33.600]  Okay, howdy, howdy, this is Randy Kelton, Google My Radio.
[03:33.600 --> 03:46.480]  On this Friday the 13th, November 2015, and thank you all for being here, we're going
[03:46.480 --> 03:55.640]  to keep the call-in lines open all night, our call-in number is 512-646-1984.
[03:55.640 --> 03:58.640]  If you have a question or a comment, give us a call.
[03:58.640 --> 04:08.800]  I want to start out by talking about something I spoke to yesterday, and I'm basically an
[04:08.800 --> 04:20.480]  engineer and I try to keep up on emerging technology, and of late it's been giving
[04:20.480 --> 04:26.680]  me some serious concern.
[04:26.680 --> 04:31.280]  We in the legal reform community have been addressing a number of issues, and most of
[04:31.280 --> 04:41.120]  those issues are issues that people like us have been addressing since we've had civilizations,
[04:41.120 --> 04:49.200]  since people have gathered together in groups and ordered themselves into a structured and
[04:49.200 --> 04:59.280]  orderly society, those people in positions of power and authority have always seemed
[04:59.280 --> 05:08.640]  to abuse that power and authority, and there was always a struggle between those in authority
[05:08.640 --> 05:17.360]  and those not in authority, so we're in the same place, same situation, and for the last
[05:17.360 --> 05:30.320]  so 15, 20 years we've been addressing concerns about privacy, more so in the last 10 years.
[05:30.320 --> 05:38.480]  Problem with that is, is we got started too late, by the time we began to notice that
[05:38.480 --> 05:46.520]  there was a problem with our privacy, we were already over the edge of the precipice, too
[05:46.520 --> 05:54.760]  late to fix it, that bell's already been rung, we're not going to unring it.
[05:54.760 --> 06:02.160]  There's something else on the horizon that's coming at us like a freight train.
[06:02.160 --> 06:15.320]  Technology is reaching a point to where we are very close to becoming as the gods, we're
[06:15.320 --> 06:21.000]  very close to creating our own replacements.
[06:21.000 --> 06:25.440]  We really need to start paying attention.
[06:25.440 --> 06:33.320]  One thing that on the one hand is encouraging by its structure and another on the other
[06:33.320 --> 06:37.100]  hand is terrifying is the internet.
[06:37.100 --> 06:44.360]  The old science fiction writers had no clue about something called the internet, George
[06:44.360 --> 06:55.400]  Orwell when he wrote 1984 did not have a clue, but the internet has emerged as the single
[06:55.400 --> 07:05.500]  most influential aspect of technology in the 21st century and it's about to take another
[07:05.500 --> 07:07.960]  giant leap.
[07:07.960 --> 07:16.840]  The internet is like something alive, most people don't know that it was created at
[07:16.840 --> 07:20.200]  the Pentagon.
[07:20.200 --> 07:28.900]  We had a lot of defense contractors and universities doing research and what the Pentagon found
[07:28.900 --> 07:35.720]  was that they were paying for redundant research, so the computers were beginning to come online
[07:35.720 --> 07:41.560]  pretty good by this time, they were still big as a house, filled up two or three rooms
[07:41.560 --> 07:53.400]  and cost millions of dollars, but we had them and they got their super geeks together and
[07:53.400 --> 07:59.640]  asked them if they could put together some method of networking all of these computers
[07:59.640 --> 08:10.920]  together so that the defense contractors could feed their data into the Pentagon and the
[08:10.920 --> 08:15.880]  colleges doing research which could feed their data in and everybody could stay coordinated,
[08:15.880 --> 08:25.720]  so they put together this interconnected network and the name internet developed from it.
[08:25.720 --> 08:31.160]  Well what they did was they used 800 trunk lines, they would release a dedicated line
[08:31.160 --> 08:37.880]  from a university to the Pentagon and then from the defense contractor to the Pentagon
[08:37.880 --> 08:43.120]  and they could use those lines to connect the computers and talk back and forth to one
[08:43.120 --> 08:44.120]  another.
[08:44.120 --> 08:49.400]  It worked out so good that the defense contractors decided that they would bring an 800 trunk
[08:49.400 --> 08:56.080]  line from their company to the college they were doing research with or to other companies
[08:56.080 --> 09:02.440]  they were doing research with and everybody started written these 800 trunk lines or taking
[09:02.440 --> 09:10.640]  the ones they already had and dedicating them to this network and the internet began to
[09:10.640 --> 09:15.320]  grow and at one point the Pentagon got real excited and decided this was getting out of
[09:15.320 --> 09:24.280]  hand and insisted that everybody route all their information through the Pentagon's hub
[09:24.280 --> 09:28.400]  and the defense contractors and the colleges told them heck with you we paid for these
[09:28.400 --> 09:32.440]  one 800 lines they're ours we'll use them how we want to.
[09:32.440 --> 09:40.000]  So the internet let me say internet the Pentagon threatened to pull their hub and everybody
[09:40.000 --> 09:45.920]  told them go ahead we don't care we got all these 800 lines we'll just route right around
[09:45.920 --> 09:50.960]  you that's exactly what happened the internet the Pentagon never pulled their hub because
[09:50.960 --> 09:58.240]  they realized the futility of it this thing by the time they realized there was an issue
[09:58.240 --> 10:05.280]  the gene was out of the bottle and they couldn't fix it and it's grown all over the planet
[10:05.280 --> 10:12.080]  you cannot shut down the internet you could rip the United States completely out of the
[10:12.080 --> 10:19.000]  system and it would the system would rattle around us and keep going so it's like something
[10:19.000 --> 10:31.960]  alive my concern is with some current innovations with the increases in speed and network speeds
[10:31.960 --> 10:42.880]  in processor speeds and storage space is we've reached a point now to where a good portion
[10:42.880 --> 10:50.280]  of our data is going up into the cloud and one thing that's going into the cloud are
[10:50.280 --> 10:58.520]  virtual machines right now we have millions of servers all over the world and these servers
[10:58.520 --> 11:04.080]  are serving certain areas of internet traffic but in order to be effective they have to
[11:04.080 --> 11:12.920]  maintain 50% redundancy 50% more capacity than they actually need in order to handle
[11:12.920 --> 11:19.680]  peak loads well what they're developing now are virtual machines in the cloud and the
[11:19.680 --> 11:29.280]  virtual machines can talk to these servers and act as a gateway and serve up this extra
[11:29.280 --> 11:35.400]  capacity where it's needed so these virtual machines can talk to the servers and they
[11:35.400 --> 11:42.560]  can talk to one another and negotiate pathways to give us the most efficient use of the available
[11:42.560 --> 11:51.320]  resources well that's pretty good I mean it's nice and efficient it increases our storage
[11:51.320 --> 12:04.000]  capacity it increases efficiency all around my concern now we have not just an internet
[12:04.000 --> 12:11.400]  the internet was essentially alive but it wasn't very smart it's made up of thousands
[12:11.400 --> 12:21.160]  of servers serviced by that's said thousands of millions of servers serviced by millions
[12:21.160 --> 12:30.880]  of technicians human technicians now with these virtual machines in the cloud beginning
[12:30.880 --> 12:40.440]  to take over a lot of the work of the technicians within five years the internet will not just
[12:40.440 --> 12:49.240]  be a worldwide network it'll all of a sudden start getting smart it's close to the point
[12:49.240 --> 12:59.400]  that while it may not come alive it will certainly have the appearance of that and right now
[12:59.400 --> 13:08.080]  I'm working on a technology to extract an expert's entire expertise in the form of
[13:08.080 --> 13:22.200]  a dynamic interactive questionnaire and then feed that expertise back to a ordinary unknowledgeable
[13:22.200 --> 13:32.080]  user in the form of a dynamic online questionnaire where it feeds him a question he answers it
[13:32.080 --> 13:40.240]  and based on his answer it feeds him the next question and we can take a very very complex
[13:40.240 --> 13:48.480]  set of data and walk right down through it for instance we have my bar grievance side
[13:48.480 --> 13:55.240]  is down at the moment but I have the bar grievance standards about the American Bar Association
[13:55.240 --> 14:02.120]  model standards we worked in the form of a questionnaire and for all of the standards
[14:02.120 --> 14:10.000]  that are there and for questions I can bring you to just about any standard mine right
[14:10.000 --> 14:16.880]  through all of that plethora of possibilities and take you right to the one you need now
[14:16.880 --> 14:25.080]  when someone uses this it has the appearance of being smarter than any living lawyer because
[14:25.080 --> 14:33.960]  the computer never ever forgets to ask the question that's been programmed in it and
[14:33.960 --> 14:40.560]  the more questions you program in it the smarter it appears to be however it has no intelligence
[14:40.560 --> 14:53.680]  whatsoever all it does is connect the dots it connects pieces of information together
[14:53.680 --> 15:01.680]  and for the most part that's what we do I was at a meeting of big data programmers in
[15:01.680 --> 15:09.680]  Dallas and we had programmers from IBM and Verizon and all of the big phone companies
[15:09.680 --> 15:15.600]  and the big cell phone companies and most of the major players had representatives there
[15:15.600 --> 15:24.280]  and they were complaining that artificial intelligence had not lived up to its hype
[15:24.280 --> 15:31.880]  and so I raised a question I told him about this expert engine and it will beat the pants
[15:31.880 --> 15:37.680]  off any living lawyer and it has no intelligence whatsoever and there's one guy in the group
[15:37.680 --> 15:42.140]  say hey man I'm a lawyer you're not to take offense to that I said well present company
[15:42.140 --> 15:47.920]  included this thing just connects the dots together you've been complaining that artificial
[15:47.920 --> 15:57.120]  intelligence hasn't lived up to its hype so my question to you what is artificial intelligence
[15:57.120 --> 16:11.080]  emulating what is intelligence where is that place between connecting the dots and this
[16:11.080 --> 16:18.280]  thing we think of as intelligence we have computers now that appear to be very very
[16:18.280 --> 16:23.400]  intelligent we have computers that will beat the snot out of any chess player on the planet
[16:23.400 --> 16:33.000]  and has no intelligence at all it just connects dots runs the possibilities and when the dots
[16:33.000 --> 16:43.760]  connect right then it's happy and has no intelligence so we have an internet that's going to start
[16:43.760 --> 16:49.440]  becoming intelligent and then that scares the pants off in the Randy Kelton rule of
[16:49.440 --> 16:55.000]  law radio are calling number five one two six four six nineteen eighty four we'll be
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[19:32.520 --> 19:46.960]  Okay, we are back, we're Henry Kelton, Wheel of Life Radio, and I'm sure we have some people
[19:46.960 --> 19:57.640]  out there who are a lot more knowledgeable about Internet technology than I am, and I
[19:57.640 --> 20:07.440]  would very much like someone to call in and demonstrate why I should not be concerned
[20:07.440 --> 20:16.160]  about an Internet with virtual machines, machines that really don't exist.
[20:16.160 --> 20:24.840]  They only exist in software, and who here has played computer games?
[20:24.840 --> 20:32.400]  These online computer games appear to be very intelligent, they create what is actually
[20:32.400 --> 20:44.000]  literally a virtual world, but it doesn't exist, it only exists in a computer algorithm.
[20:44.000 --> 20:54.700]  We are very close to developing what they talked about in Terminator, except in Terminator
[20:54.700 --> 21:00.720]  there was just one massive computer that took control of everything.
[21:00.720 --> 21:04.000]  That I don't see happening.
[21:04.000 --> 21:16.120]  I see one massive conglomeration of computers, and one of the upsides to the Internet is
[21:16.120 --> 21:22.800]  that it's composed of millions of servers all over the planet, serviced and maintained
[21:22.800 --> 21:27.600]  by millions of individual human beings.
[21:27.600 --> 21:35.000]  While we can't shut the Internet down, for one thing the world has become too interlaced
[21:35.000 --> 21:45.440]  with the Internet, our current technology absolutely depends on it, but the idea of
[21:45.440 --> 21:53.520]  the Internet taking over, that's not something that's very likely, because we have so many
[21:53.520 --> 22:02.120]  separate individuals that individually program different aspects in order for the machine
[22:02.120 --> 22:04.240]  to take over completely.
[22:04.240 --> 22:11.120]  We would have to get a bunch of these guys to all game together and overwhelm the rest
[22:11.120 --> 22:14.160]  of us, and I don't see that happening.
[22:14.160 --> 22:20.060]  But I don't see the Internet taking over our lives.
[22:20.060 --> 22:27.600]  What I am concerned about is that it will take over so much of the functions of our
[22:27.600 --> 22:38.840]  lives that we will begin to lose our identity, lose our perspective to the machines, and
[22:38.840 --> 22:49.000]  we're not that far from a machine that will at least have the appearance of being
[22:49.000 --> 22:57.200]  as intelligent and as self-directed, if not more so, than we are.
[22:57.200 --> 23:07.080]  We may well be developing our replacements, and it's not so far away.
[23:07.080 --> 23:12.400]  So be afraid, be very afraid.
[23:12.400 --> 23:19.960]  It's time we started paying real close attention to what's happening in the technology.
[23:19.960 --> 23:24.280]  Technology is coming at us like a firestorm.
[23:24.280 --> 23:30.680]  It's been building momentum for the last 20 years, and it's really gathered up a firewall,
[23:30.680 --> 23:32.880]  and it could roll right over us.
[23:32.880 --> 23:34.640]  We may already be too late.
[23:34.640 --> 23:37.360]  Okay, we have a couple callers on the board.
[23:37.360 --> 23:41.240]  I'm going to start out by going to Rob in New Mexico.
[23:41.240 --> 23:42.240]  Hello, Rob.
[23:42.240 --> 23:43.240]  Hey, Randy.
[23:43.240 --> 23:50.240]  Have you been studying the Uniform Commercial Code?
[23:50.240 --> 23:55.080]  Well, I was driving all day today.
[23:55.080 --> 24:03.120]  Okay, I was digging through it today, and anybody who has a mortgage, you should absolutely
[24:03.120 --> 24:06.520]  read the Uniform Commercial Code.
[24:06.520 --> 24:14.120]  One of the things that you need to do when you read it is have your computer up and working
[24:14.120 --> 24:27.160]  and have your browser open to a dictionary, because they use the language in a very specific
[24:27.160 --> 24:34.840]  way, and you need to look up terms, terms that you think you know, but they're used
[24:34.840 --> 24:40.960]  in a peculiar way, offer and acceptance.
[24:40.960 --> 24:43.480]  What is an offer?
[24:43.480 --> 24:45.080]  What is acceptance?
[24:45.080 --> 24:47.400]  What does it mean in UCC?
[24:47.400 --> 24:51.400]  What does identify mean in the UCC?
[24:51.400 --> 24:57.520]  These are terms that have very specific meanings in the context of UCC, and you should look
[24:57.520 --> 24:58.520]  them up.
[24:58.520 --> 25:07.160]  Once I've been through it a couple of times, then I want to find an annotated version of
[25:07.160 --> 25:08.160]  the UCC.
[25:08.160 --> 25:09.160]  I haven't found it yet.
[25:09.160 --> 25:13.320]  I mean, I found them online, but they're thousands of dollars.
[25:13.320 --> 25:15.840]  You can find hardcover books.
[25:15.840 --> 25:21.240]  Some were one of the, I'll find some online, and then we can start adding annotations to
[25:21.240 --> 25:22.760]  it.
[25:22.760 --> 25:31.680]  But in looking through the UCC, I'm finding everything that's in the consumer protection
[25:31.680 --> 25:40.600]  laws, except in the UCC to have more teeth, and they don't have the statute of limitations
[25:40.600 --> 25:44.520]  on the remedy that the consumer protection laws have.
[25:44.520 --> 25:47.160]  Okay, kind of a bushwhack to you, Rob.
[25:47.160 --> 25:49.160]  What do you have for us today?
[25:49.160 --> 25:54.720]  Well, have you had a chance to look at my pleadings?
[25:54.720 --> 25:57.240]  I haven't seen them.
[25:57.240 --> 26:02.040]  You've been sending them to me, but I'm not finding them in my emails.
[26:02.040 --> 26:04.680]  Let me check again.
[26:04.680 --> 26:05.680]  There's a check there.
[26:05.680 --> 26:06.680]  Oh, here it is.
[26:06.680 --> 26:07.680]  I didn't see them.
[26:07.680 --> 26:12.400]  I saw about 50 deals from Facebook.
[26:12.400 --> 26:20.400]  Facebook got real busy today, but I haven't seen one from you.
[26:20.400 --> 26:23.400]  Are you sure you're getting the right email address?
[26:23.400 --> 26:24.400]  Yeah.
[26:24.400 --> 26:25.400]  Yeah.
[26:25.400 --> 26:32.960]  Okay, what is your first part of your address again?
[26:32.960 --> 26:33.960]  San Patricio.
[26:33.960 --> 26:34.960]  Say it again.
[26:34.960 --> 26:35.960]  San Patricio.
[26:35.960 --> 26:46.840]  You kind of broke up there.
[26:46.840 --> 26:47.840]  San Patricio.
[26:47.840 --> 26:48.840]  Right.
[26:48.840 --> 26:49.840]  Okay, there it is.
[26:49.840 --> 26:50.840]  S-U-N or S-U-N, S-O-N?
[26:50.840 --> 26:51.840]  S-A-N-P-A-N.
[26:51.840 --> 26:52.840]  S-O-N-P.
[26:52.840 --> 27:04.600]  If it's in there, that'll get it.
[27:04.600 --> 27:07.480]  I have nothing.
[27:07.480 --> 27:09.800]  Are you sending through ruleoflawradio.com?
[27:09.800 --> 27:15.360]  Yeah, well, yeah.
[27:15.360 --> 27:16.360]  Something's wrong.
[27:16.360 --> 27:17.920]  I have nothing from S-O-N-P.
[27:17.920 --> 27:23.760]  S-A-N-A like Apple?
[27:23.760 --> 27:26.040]  Okay.
[27:26.040 --> 27:30.080]  With Sierra Oscar November Pop Alpha, correct?
[27:30.080 --> 27:33.160]  No, Sierra Alpha November.
[27:33.160 --> 27:35.280]  S-A-N?
[27:35.280 --> 27:36.880]  Yeah.
[27:36.880 --> 27:38.440]  Okay.
[27:38.440 --> 27:42.040]  Got it.
[27:42.040 --> 27:47.240]  I got one from you.
[27:47.240 --> 27:54.040]  Monday, 11, I've got two from you, 11, the second, 11, the fifth.
[27:54.040 --> 27:55.040]  Okay.
[27:55.040 --> 27:56.040]  I don't know why.
[27:56.040 --> 27:57.040]  That came up Rob Sartori.
[27:57.040 --> 28:01.720]  I don't know why I'm not seeing those.
[28:01.720 --> 28:02.720]  Okay.
[28:02.720 --> 28:04.920]  No, I haven't been through it.
[28:04.920 --> 28:08.080]  My apologies because I did not see it.
[28:08.080 --> 28:09.520]  I still don't see it.
[28:09.520 --> 28:15.160]  I didn't see it unless I looked it up, unless I searched for it.
[28:15.160 --> 28:16.160]  Tell me about it.
[28:16.160 --> 28:19.160]  I've got it up here.
[28:19.160 --> 28:20.160]  Okay.
[28:20.160 --> 28:23.080]  We've got two cases.
[28:23.080 --> 28:31.720]  The first one that I filed is the alleged servicer, the second servicer who appeared
[28:31.720 --> 28:35.600]  after I sent the notice of rescission.
[28:35.600 --> 28:43.600]  After I stopped paying, I got no notice from the original servicer or the seller that this
[28:43.600 --> 28:45.800]  was going to be the new servicer.
[28:45.800 --> 28:53.000]  I got a letter from the original servicer saying that they were quitting.
[28:53.000 --> 28:54.000]  That's it.
[28:54.000 --> 28:55.800]  And then these guys showed up.
[28:55.800 --> 28:59.200]  So I sent them validation demand along the way.
[28:59.200 --> 29:00.200]  Okay.
[29:00.200 --> 29:01.200]  Hold on.
[29:01.200 --> 29:02.200]  They didn't show up.
[29:02.200 --> 29:06.000]  Did he send you a letter telling you who he was?
[29:06.000 --> 29:12.800]  I got an unsigned letter saying, hi, we're the new service on your account and a new
[29:12.800 --> 29:17.480]  account number and a whole bunch of payment key bonds.
[29:17.480 --> 29:18.480]  Okay.
[29:18.480 --> 29:21.400]  Did they reference your old account number?
[29:21.400 --> 29:22.400]  No.
[29:22.400 --> 29:23.400]  Then?
[29:23.400 --> 29:28.320]  They did reference seller.
[29:28.320 --> 29:31.360]  They referenced who?
[29:31.360 --> 29:32.360]  The seller.
[29:32.360 --> 29:33.360]  The seller.
[29:33.360 --> 29:34.360]  Okay.
[29:34.360 --> 29:35.360]  Yeah.
[29:35.360 --> 29:38.360]  It's a real estate contract, not a mortgage.
[29:38.360 --> 29:39.360]  Okay.
[29:39.360 --> 29:40.360]  Hang on.
[29:40.360 --> 29:42.360]  We're about to go to break.
[29:42.360 --> 29:43.360]  Randy Kelton.
[29:43.360 --> 29:44.360]  Google our radio.
[29:44.360 --> 29:45.360]  I called it number 512-646-1984.
[29:45.360 --> 29:46.360]  Okay.
[29:46.360 --> 29:47.360]  We're going to the half hour breaks.
[29:47.360 --> 29:56.360]  It's a good time to go to check out our sponsors.
[29:56.360 --> 30:03.120]  Randy's beer fund is really, really pitiful, isn't it, Randy?
[30:03.120 --> 30:07.760]  When the census form arrives, plenty of people fill out silly things, but fictitious job
[30:07.760 --> 30:10.920]  titles like Jedi Knight are apparently nothing new.
[30:10.920 --> 30:15.360]  I'm Dr. Catherine Albrecht, and I'll be back to tell you about a 19th century pastor with
[30:15.360 --> 30:17.360]  a sense of humor.
[30:17.360 --> 30:18.960]  Privacy is under attack.
[30:18.960 --> 30:22.560]  When you give up data about yourself, you'll never get it back again.
[30:22.560 --> 30:27.320]  And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[30:27.320 --> 30:32.360]  So protect your rights, say no to surveillance, and keep your information to yourself.
[30:32.360 --> 30:35.080]  Privacy, it's worth hanging on to.
[30:35.080 --> 30:39.360]  This public service announcement is brought to you by Startpage.com, the private search
[30:39.360 --> 30:42.920]  engine alternative to Google, Yahoo, and Bing.
[30:42.920 --> 30:46.960]  Start over with Startpage.
[30:46.960 --> 30:52.160]  Historian Peter Kietzen studies antique census forms in church registers, looking for occupational
[30:52.160 --> 30:53.760]  facts that date back centuries.
[30:53.760 --> 30:59.520]  It can be a boring job, but when he found a parchment from 1819 by the very reverend
[30:59.520 --> 31:03.720]  Dr. Peter Scrimshire Wood, he actually laughed out loud.
[31:03.720 --> 31:08.600]  The reverend had enlightened his boring job with some very creative job titles, including
[31:08.600 --> 31:13.480]  Knight of the Needle for a Tailor, Beggar Maker for a Government Official, and Master
[31:13.480 --> 31:15.440]  of the Burnt Crust for a Baker.
[31:15.440 --> 31:18.880]  He even wrote Man Trap for a Woman of Questionable Morals.
[31:18.880 --> 31:22.520]  It's a 200-year-old joke that gets a laugh even today.
[31:22.520 --> 31:24.360]  I'm Dr. Catherine Albrecht.
[31:24.360 --> 31:52.920]  More news and information at CatherineAlbrecht.com.
[31:55.360 --> 32:01.120]  And see what our powder, seeds, and oil can do for you, only at FUSA.org.
[32:01.120 --> 32:05.840]  Rule of Law Radio is proud to offer the rule of law traffic seminar.
[32:05.840 --> 32:09.680]  In today's America, we live in an us-against-them society, and if we the people are ever going
[32:09.680 --> 32:13.600]  to have a free society, then we're going to have to stand and defend our own rights.
[32:13.600 --> 32:16.840]  Among those rights are the right to travel freely from place to place, the right to act
[32:16.840 --> 32:20.880]  in our own private capacity, and most importantly, the right to due process of law.
[32:20.880 --> 32:25.120]  The courts afford us the least expensive opportunity to learn how to enforce and preserve our rights
[32:25.120 --> 32:26.120]  through due process.
[32:26.120 --> 32:30.080]  Former Sheriff's Deputy A. Craig, in conjunction with Rule of Law Radio, has put together the
[32:30.080 --> 32:33.840]  most comprehensive teaching tool available that will help you understand what due process
[32:33.840 --> 32:36.240]  is and how to hold courts to the rule of law.
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[33:00.680 --> 33:10.200]  You're listening to the Logos Radio Network at logosradionetwork.com.
[33:10.200 --> 33:24.760]  Yeah, I got a warrant, and I'm going to solve them, to the head of government then, prosecute
[33:24.760 --> 33:25.760]  them.
[33:25.760 --> 33:26.760]  Okay.
[33:26.760 --> 33:27.760]  Okay.
[33:27.760 --> 33:48.760]  I'm not sure if I'm doing this right.
[33:48.760 --> 33:50.040]  I had a little delay in my...
[33:50.040 --> 33:57.240]  I'm running the board today, and I'm not sure if I just went online.
[33:57.240 --> 33:58.240]  I'm going to...
[33:58.240 --> 33:59.240]  Okay.
[33:59.240 --> 34:00.240]  Give me just a second.
[34:00.240 --> 34:01.240]  I'm going to go to work and come...
[34:01.240 --> 34:02.240]  Oh.
[34:02.240 --> 34:03.240]  Wait, wait, wait.
[34:03.240 --> 34:04.240]  I got it.
[34:04.240 --> 34:05.240]  I'm on.
[34:05.240 --> 34:06.240]  I'm on.
[34:06.240 --> 34:07.240]  I'm not screwing up today.
[34:07.240 --> 34:13.560]  This is Randy Kelton, ruleoflawradio, trying to be a producer, not doing a very good job
[34:13.560 --> 34:14.560]  of it.
[34:14.560 --> 34:15.560]  Okay.
[34:15.560 --> 34:22.040]  And we were talking to Rob in New Mexico, and as soon as I find the right page, Rob,
[34:22.040 --> 34:25.080]  I will bring you back up.
[34:25.080 --> 34:26.080]  There we go.
[34:26.080 --> 34:27.840]  Okay.
[34:27.840 --> 34:34.680]  And our call in line is open, 512-646-1984, we'll be taking you calls all night.
[34:34.680 --> 34:39.080]  Okay, Rob, go ahead.
[34:39.080 --> 34:40.080]  Okay.
[34:40.080 --> 34:49.040]  May 20th, 2015, I got a letter from this escrow company addressed to my wife and I, regarding
[34:49.040 --> 34:56.800]  the number, blah, blah, blah, blah, blah, payer, me and my wife, payee, the seller's
[34:56.800 --> 34:57.800]  on the property.
[34:57.800 --> 35:02.040]  Now, this is a real estate, New Mexico real estate contract, it's a seller finance deal,
[35:02.040 --> 35:05.040]  it is not a traditional mortgage with a note.
[35:05.040 --> 35:06.040]  Okay.
[35:06.040 --> 35:09.280]  The escrow contract is back in the county register.
[35:09.280 --> 35:10.280]  Okay.
[35:10.280 --> 35:20.160]  You mentioned earlier that because it's not a banking institution, it doesn't fall under
[35:20.160 --> 35:22.600]  the consumer protection laws.
[35:22.600 --> 35:28.400]  However, it does fall under the UCC.
[35:28.400 --> 35:35.320]  And all of the benefits you would have gotten from the consumer protection laws, you get
[35:35.320 --> 35:36.320]  from the UCC.
[35:36.320 --> 35:38.640]  Okay, go ahead.
[35:38.640 --> 35:44.040]  They gave you notice that they quit, and the new one gave you notice that they started.
[35:44.040 --> 35:49.960]  So those notices were correct, whether the notice was sufficient or not, will be a question
[35:49.960 --> 35:56.440]  that you would probably lose, you know, by claiming that their account numbers are different.
[35:56.440 --> 36:04.200]  If they refer to the same actors, then the court's going to say you got notice.
[36:04.200 --> 36:05.200]  Okay.
[36:05.200 --> 36:08.000]  I wanted to say that last time, but I didn't want to interrupt.
[36:08.000 --> 36:10.480]  Okay, go ahead.
[36:10.480 --> 36:18.640]  What I asked them in writing on June 15th, 2015, is I am in receipt of your letter dated
[36:18.640 --> 36:22.720]  May 20th, 2015 referencing account number blah, blah, blah, and demanding payment on
[36:22.720 --> 36:24.520]  the above referenced account.
[36:24.520 --> 36:28.120]  Never heard with or done business with your company and have no knowledge of any account
[36:28.120 --> 36:33.880]  number blah, blah, blah, except the hand that you validated this alleged debt.
[36:33.880 --> 36:38.920]  And then I go on to ask for a complete name and history that can be easily read and understood,
[36:38.920 --> 36:41.640]  including but not limited to dates and amounts.
[36:41.640 --> 36:46.640]  I asked for a breakdown of any amount claimed arrears or deficiencies.
[36:46.640 --> 36:52.680]  I asked for payment dates, purchase purpose of payments, and receipt recipient of all
[36:52.680 --> 36:57.480]  items charged on the alleged account since the inception of the alleged account.
[36:57.480 --> 36:59.720]  Then I asked for any and all insurance records.
[36:59.720 --> 37:04.480]  Now you remember that insurance was never put on this account.
[37:04.480 --> 37:05.480]  Yes.
[37:05.480 --> 37:06.720]  I asked for all tax necessities.
[37:06.720 --> 37:10.880]  I asked for a breakdown of current charges, asking how they're calculated and the reasons
[37:10.880 --> 37:12.440]  for any increase or decrease.
[37:12.440 --> 37:18.880]  I asked for a copy of any annual statements and notices or shortages.
[37:18.880 --> 37:23.720]  And okay, well, that's hidden in there somewhere, I can't find it.
[37:23.720 --> 37:29.600]  Okay, without going into all that, you asked for all of the information you would need
[37:29.600 --> 37:36.920]  so that you could calculate accurately the amount that you actually owed based on what
[37:36.920 --> 37:43.360]  was paid into principal interest, what was paid into escrow, what was paid out of escrow
[37:43.360 --> 37:44.920]  and what balance should be left.
[37:44.920 --> 37:55.280]  So you should be able to calculate your current principal and your current amount in escrow.
[37:55.280 --> 38:00.680]  Did you receive information sufficient to be able to do that?
[38:00.680 --> 38:05.520]  I also asked them to produce the documents for my viewing and inspection.
[38:05.520 --> 38:09.840]  I received no response whatsoever.
[38:09.840 --> 38:10.840]  Beautiful.
[38:10.840 --> 38:18.320]  Not even a way back saying your request is burdensome, nothing.
[38:18.320 --> 38:30.960]  Now let me read you this, New Mexico Escrow Company Act 58-22-18, New Mexico statutes,
[38:30.960 --> 38:36.880]  they have to respond within 14 days of a written request.
[38:36.880 --> 38:40.360]  What's the remedy if they don't?
[38:40.360 --> 38:47.000]  Well, the Escrow Company Act doesn't provide one, but the Unfair and Deceptive Practices
[38:47.000 --> 38:48.320]  Act does.
[38:48.320 --> 38:50.320]  Wait a minute, you broke up a bit there.
[38:50.320 --> 38:52.560]  Say that again.
[38:52.560 --> 38:56.040]  The Unfair Practices Act?
[38:56.040 --> 39:02.880]  No, you say the whole sentence.
[39:02.880 --> 39:11.080]  The Escrow Company Act does not provide a private remedy, but the Unfair Practices Act
[39:11.080 --> 39:13.800]  does provide a private remedy.
[39:13.800 --> 39:14.800]  Okay.
[39:14.800 --> 39:17.880]  And what is that remedy?
[39:17.880 --> 39:21.760]  A $100 penalty.
[39:21.760 --> 39:32.160]  Well, there's also another remedy, a remedy provided in the Uniform Commercial Code and
[39:32.160 --> 39:39.320]  almost certainly provided for in your contract.
[39:39.320 --> 39:47.200]  If the company is required to abide by all law, you almost certainly have a governing
[39:47.200 --> 39:56.160]  law and severability act, severability covenant, then they're subject to breach of contract
[39:56.160 --> 40:05.760]  which constitutes repudiation of the contract, which gives you grounds for rescission.
[40:05.760 --> 40:10.360]  So have you filed rescission yet?
[40:10.360 --> 40:15.360]  What was that?
[40:15.360 --> 40:16.360]  We broke up there.
[40:16.360 --> 40:17.360]  Okay.
[40:17.360 --> 40:18.360]  Okay.
[40:18.360 --> 40:19.360]  Okay.
[40:19.360 --> 40:20.360]  That wasn't clear.
[40:20.360 --> 40:22.360]  You need to enunciate.
[40:22.360 --> 40:23.360]  Okay.
[40:23.360 --> 40:25.480]  So you did file a rescission.
[40:25.480 --> 40:27.840]  How long ago?
[40:27.840 --> 40:32.840]  The rescission was filed in January before these people ever showed up.
[40:32.840 --> 40:33.840]  Okay.
[40:33.840 --> 40:39.800]  So you need to file an action to enforce rescission.
[40:39.800 --> 40:46.280]  Do that one first because in the order of things, that one is dispositive.
[40:46.280 --> 40:48.280]  Okay.
[40:48.280 --> 40:53.080]  That will dispose of the whole issue.
[40:53.080 --> 41:02.040]  And if you get blown out on the rescission, then we go back and file suit against them
[41:02.040 --> 41:14.040]  for breach of contract and essentially fraud here, they've taken your money and haven't
[41:14.040 --> 41:16.240]  accounted for it.
[41:16.240 --> 41:24.160]  And I know if Jeff Cedric is listening, he's going to get tense when we say fraud, but
[41:24.160 --> 41:29.120]  this one doesn't go to false and misleading.
[41:29.120 --> 41:38.360]  This goes to fraud per se, where they took money for a stated purpose, then did not use
[41:38.360 --> 41:43.200]  the money for that stated purpose and have not accounted for the money.
[41:43.200 --> 41:51.520]  That's fraud and you have enough there to prove up the fraud.
[41:51.520 --> 41:58.120]  So while Jeff is right, generally you don't want to go to fraud because it is so hard
[41:58.120 --> 42:02.960]  to prove, but in this case, this is pretty straightforward.
[42:02.960 --> 42:08.320]  Now rather they bought insurance or not, you don't care.
[42:08.320 --> 42:14.520]  You don't have notice that they bought insurance and you had a right to have notice.
[42:14.520 --> 42:25.200]  So you've got a good case and I'm looking at your document here and so far I like the
[42:25.200 --> 42:40.760]  way it's done, you do party's jurisdiction, you've got a nice long statement of facts.
[42:40.760 --> 42:48.720]  Primary purpose in the trial court, establish the facts in accordance with the rules of
[42:48.720 --> 42:55.800]  evidence and I'm sorry, your purpose in the court is to get the facts and the law before
[42:55.800 --> 42:57.720]  the court.
[42:57.720 --> 43:02.040]  The judge's duty is to determine the facts in accordance with the rules of evidence and
[43:02.040 --> 43:08.160]  apply the laws that comes to him to the facts in the case and when you get the facts and
[43:08.160 --> 43:12.600]  subsequently the law, I'm going to take it you have a points and authorities down here
[43:12.600 --> 43:25.400]  that show how these facts amount to specific causes of action, am I correct in that?
[43:25.400 --> 43:29.400]  I labeled it causes of action or well, I've got the...
[43:29.400 --> 43:35.320]  Here you have a statement of factual accusation, man, did you plagiarize my work?
[43:35.320 --> 43:36.320]  Yes.
[43:36.320 --> 43:37.320]  Good.
[43:37.320 --> 43:49.920]  Okay, this is Randy Kelton, we're by radio or call in number, 512-646-1984 and we're
[43:49.920 --> 43:57.400]  talking to this expert plagiarist, we'll be right back.
[43:57.400 --> 44:07.280]  Hello, my name is Stuart Smith from naturespureorganics.com and I would like to invite you to join me
[44:07.280 --> 44:12.240]  to invite you to come by our store at 1904 Guadalupe Street Sweet D here in Austin, Texas
[44:12.240 --> 44:16.240]  on Brave New Books and Chase County to see all our fantastic health and wellness products
[44:16.240 --> 44:18.240]  with your very own eyes.
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[44:30.360 --> 44:43.200]  Call 512-264-4043 or find us online at naturespureorganics.com, that's 512-264-4043, naturespureorganics.com.
[44:43.200 --> 45:01.240]  Don't forget to like us on Facebook for information on events and our products, naturespureorganics.com.
[45:01.240 --> 45:04.400]  Are you the plaintiff or defendant in a lawsuit?
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[45:49.800 --> 45:52.040]  pro se tactics and much more.
[45:52.040 --> 45:59.840]  Please visit ruleoflawradio.com and click on the banner or call toll free 866-LAW-EZ.
[45:59.840 --> 46:10.720]  Whoa, whoa, yeah.
[46:10.720 --> 46:28.900]  Always, I must be careful, what I'm wishing for.
[46:28.900 --> 46:37.900]  When I'm hungry I like to know just what I'm fishing for I ain't asking for much I ain't
[46:37.900 --> 46:38.900]  I ain't asking for much
[46:38.900 --> 46:46.420]  Okay, we are back, Randy Kelton, Rue of La Radio, and we're talking to Rob in New Mexico.
[46:46.420 --> 46:48.420]  Hello, Rob.
[46:48.420 --> 46:50.420]  Yes, sir.
[46:50.420 --> 47:02.420]  Okay, I just got an email from Leslie in Pennsylvania and you're going to like what I just got.
[47:02.420 --> 47:06.420]  It is a decision out of Texas.
[47:06.420 --> 47:12.420]  The jury, okay, let me read this to you real very quickly.
[47:12.420 --> 47:20.420]  So I have attached the jury award from the Wolf versus Wells Fargo trial. The jury concluded
[47:20.420 --> 47:26.420]  this deliberation on Tuesday afternoon, November 10th. It is my belief that this is the first
[47:26.420 --> 47:33.420]  jury verdict of its kind where the jury was asked to determine whether a robo-signed transfer
[47:33.420 --> 47:39.420]  of lien, assignment of mortgage was fraudulent, and on that basis award damages. The jury
[47:39.420 --> 47:46.420]  awarded the Wolfs $190,000 in actual and emotional distress damages, $190,000 in attorney fees,
[47:46.420 --> 47:51.420]  which is sufficient to take them through an appeal all the way up to the Texas Supreme
[47:51.420 --> 47:58.420]  Court, and $5 million in punitive damages to be paid equally by Wells Fargo and Carrington.
[47:58.420 --> 48:03.420]  Plaintiffs David, Mary Ellen Wolf testified on their own behalf and I testified as their
[48:03.420 --> 48:09.420]  expert witness. I explained to the jury the sequence of true sales that were necessary
[48:09.420 --> 48:17.420]  to properly, I'm going to pop up, properly securitize the Wolf's mortgage loan using
[48:17.420 --> 48:23.420]  my securitization flow charts, which I have attached below. Once the jury understood the
[48:23.420 --> 48:28.420]  requirements of the mortgage loan purchase agreement and the pooling and service agreement,
[48:28.420 --> 48:34.420]  they were able to see why the transfer of lien executed by Tom Croft was fraudulent
[48:34.420 --> 48:41.420]  on the face of the document. The defendants called robo-signer Tom Croft and Clayton Gordon
[48:41.420 --> 48:48.420]  as witnesses, both of whom are employed by Carrington Mortgages Services LLC. The jury
[48:48.420 --> 48:54.420]  also found that even though Wells Fargo Bank was in the physical possession of the original
[48:54.420 --> 49:00.420]  note, it did not own the mortgage loan because it was never securitized into the Carrington
[49:00.420 --> 49:08.420]  Mortgage Loan Trust Series 2006 NC3, over which Wells Fargo serves as trustee. The jury
[49:08.420 --> 49:14.420]  verdict and especially their finding that the transfer of lien was fraudulent supports
[49:14.420 --> 49:23.420]  my findings in all of the registry of deed audits I have conducted for John Kell O'Brien
[49:23.420 --> 49:28.420]  Unregistered Deeds, Essex, Southern District of Massachusetts. This is the woman in Massachusetts
[49:28.420 --> 49:35.420]  who is very well known for doing this. This may be the first time a jury has nailed a
[49:35.420 --> 49:42.420]  robo-signer. Awesome. Oh, this is good news. I hope Leslie calls the interview to talk
[49:42.420 --> 49:51.420]  to her about it. Okay. Back to yours. I Bushwhacked you again. And yours is a great fraud claim.
[49:51.420 --> 50:00.420]  This is just, this is just outright theft. They stole your money by false pretenses.
[50:00.420 --> 50:06.420]  Okay. I keep interrupting you. Okay. Take me where you're going. You're probably going
[50:06.420 --> 50:16.420]  to a place I'm not anticipating. Well, okay. The reason I sued the second alleged servicer
[50:16.420 --> 50:25.420]  first, I don't like to think that people are horrible. And I kept hoping that these
[50:25.420 --> 50:32.420]  sellers who run a local real estate company and have a reputation for being scoundrels,
[50:32.420 --> 50:36.420]  but I kept hoping that they would do the right thing and we could come to the table and make
[50:36.420 --> 50:43.420]  an agreement. But they refused to respond to me in writing. The lady would show up at
[50:43.420 --> 50:50.420]  my house or across from my wife in public and harass us verbally telling us, you need
[50:50.420 --> 50:55.420]  to get insurance. You need to get insurance. After I'd already sent her a letter asking
[50:55.420 --> 51:00.420]  her to put everything in writing. I don't trust her word, but I still kept hoping that
[51:00.420 --> 51:07.420]  she would do the right thing. So what I figured I'd do is sue this new escrow company for
[51:07.420 --> 51:14.420]  their violations of the escrow company act in the administrative code. And if they proved
[51:14.420 --> 51:21.420]  up who they were, fine. I could add them to the bigger suit as another defendant. And
[51:21.420 --> 51:24.420]  if they didn't prove up who they were, then I was going to sue them under the Fair Debt
[51:24.420 --> 51:29.420]  Collection Practices Act in federal court because at that point they are just a debt
[51:29.420 --> 51:30.420]  collector.
[51:30.420 --> 51:40.420]  Was there a debt collector anyway if they became the servicer after you had received
[51:40.420 --> 51:51.420]  the notice of default? If they receive the note while it's in default, they're a debt
[51:51.420 --> 51:52.420]  collector.
[51:52.420 --> 51:57.420]  Oh yeah. Well, I stopped paying in January. January is my last payment. That's when I
[51:57.420 --> 52:03.420]  sent my notice of rescission and they came along in, what did I say, May, April, something
[52:03.420 --> 52:13.420]  like that. May, they came along February, March, April, May, four months after I stopped
[52:13.420 --> 52:14.420]  paying.
[52:14.420 --> 52:20.420]  Did you receive a notice of default in the interim?
[52:20.420 --> 52:27.420]  They sent me all kinds of notices of default.
[52:27.420 --> 52:36.420]  This one's all you need. A notice of default or a notice of intent to accelerate, that
[52:36.420 --> 52:46.420]  starts the clock. So now you're officially in default. If a new servicer takes over while
[52:46.420 --> 52:53.420]  you're in default, he is not a representative for the creditor. He is a debt collector.
[52:53.420 --> 53:17.420]  I'm looking. I think I did. That's all the way to March. Here we go. December 10th, 2014,
[53:17.420 --> 53:24.420]  notice of default. This is from the lawyer for the original escrow company.
[53:24.420 --> 53:30.420]  Okay. That's enough. If you're never cured, then from that point on, whoever takes over
[53:30.420 --> 53:33.420]  becomes a debt collector.
[53:33.420 --> 53:41.420]  Yeah. And this is only about demanding that I get insurance. So.
[53:41.420 --> 53:44.420]  He's still a debt collector.
[53:44.420 --> 53:47.420]  Yeah.
[53:47.420 --> 53:52.420]  But demanding that you get insurance is not demanding that you pay him anything.
[53:52.420 --> 53:56.420]  No, that's just the notice of default.
[53:56.420 --> 53:57.420]  Okay.
[53:57.420 --> 53:58.420]  So.
[53:58.420 --> 53:59.420]  Okay. So.
[53:59.420 --> 54:00.420]  And that guy too.
[54:00.420 --> 54:03.420]  Okay. Where are we at this point?
[54:03.420 --> 54:11.420]  Both complaints have been filed. The escrow company has been served. I believe they were
[54:11.420 --> 54:18.420]  served around the fourth. So they've got to respond to that. I also filed a complaint
[54:18.420 --> 54:26.420]  with the regulation and licensing division for the same things that I'm suing them for
[54:26.420 --> 54:31.420]  and they're supposed to put together a response explaining to the regulation and licensing
[54:31.420 --> 54:39.420]  division why they ignored my information requests. So I thought that was kind of fun.
[54:39.420 --> 54:46.420]  So yeah, I've got to get the new one served. And there's a second debt collector attorney
[54:46.420 --> 54:54.420]  that started coming after me about two months ago. And I filed a suit against him in federal
[54:54.420 --> 55:00.420]  court for FDCPA. He hasn't been served yet either.
[55:00.420 --> 55:08.420]  Okay. So do you have a question or comment? Our cardboard is filling up and I'm not sure
[55:08.420 --> 55:13.420]  where we're going here other than that you're kicking their butt, which I'm really glad
[55:13.420 --> 55:16.420]  to hear.
[55:16.420 --> 55:22.420]  You pretty much answered it for me. I just wanted you to look over the mainly the Townsend
[55:22.420 --> 55:27.420]  suit, the longer one, and see if I've made any stupid mistakes in it.
[55:27.420 --> 55:32.420]  Okay. Okay. This is a big document. You're going to give me a headache going through
[55:32.420 --> 55:38.420]  all of this, but I've got it up. I'll have a look at it in the morning.
[55:38.420 --> 55:39.420]  Okay.
[55:39.420 --> 55:43.420]  So I've got it up on my computer so I won't lose it.
[55:43.420 --> 55:44.420]  Okay.
[55:44.420 --> 55:45.420]  All right.
[55:45.420 --> 55:48.420]  Okay. Thank you, Rob.
[55:48.420 --> 55:55.420]  Okay. Now we're going to go to Steve in Washington. Hello, Steve.
[55:55.420 --> 55:59.420]  Hi, Randy. How's it going now tonight?
[55:59.420 --> 56:05.420]  Things are going pretty well. What do you have for us today?
[56:05.420 --> 56:11.420]  I wanted to, I heard you talking about the artificial intelligence and I wanted to fill
[56:11.420 --> 56:21.420]  you in on a couple of devices I have seen today. One was an eight axis CNC machine that
[56:21.420 --> 56:29.420]  I watched machining a piece of metal and it looked like a praying mantis with arms, heads,
[56:29.420 --> 56:36.420]  and everything. And I'm really into that CNC technology, but when I watched this, this
[56:36.420 --> 56:44.420]  was scary because if this thing had legs, it could go places and do things.
[56:44.420 --> 56:52.420]  Yes. When I came back from Vietnam, before I went, I was working at a machine shop on
[56:52.420 --> 56:58.420]  the north side of Chicago. And when I came back from Vietnam, my brother was still working
[56:58.420 --> 57:06.420]  there and they had just brought in a CNC lathe. For those who don't know what that is, it's
[57:06.420 --> 57:11.420]  a computer controlled, a computer controlled lathe. And he was, they were experimenting
[57:11.420 --> 57:16.420]  with it, getting it set up and it just made a heck of a mess.
[57:16.420 --> 57:23.420]  And I had great fun at his expense, but the technology grew and my brother-in-law was
[57:23.420 --> 57:31.420]  a machinist and he was just obstinate. He just refused to learn this new CNC technology.
[57:31.420 --> 57:38.420]  And within 10 years, he couldn't get a job. He just became a dinosaur and the machines
[57:38.420 --> 57:45.420]  have pretty well taken over. You know, I say, well, they give me a mill and a lathe and
[57:45.420 --> 57:51.420]  I can make just about anything. Well, now they have a machine that is a mill and a lathe
[57:51.420 --> 57:56.420]  all in one. They can take the part out of one part of the machine and put it in another
[57:56.420 --> 58:03.420]  part of the machine, turn it in one, mill it in another. They can almost do the whole
[58:03.420 --> 58:14.420]  thing. My son worked for GE and they had lathes and mills that I could put my house in. They
[58:14.420 --> 58:20.420]  were so huge. Yeah, the machines are getting so big and so smart. It was scary.
[58:20.420 --> 58:28.420]  Hang on, about to go to break. Randy Kelton, Rue of La Radio. I call it number 512-646-1984.
[58:28.420 --> 58:33.420]  We're going to the top of the era break, so it's a good time to go look at our sponsors.
[58:33.420 --> 58:39.420]  And if you would like to learn more about the legal end of what we're doing and things
[58:39.420 --> 58:46.420]  we're talking about, go to Logos Radio Network and look at Juris Dictionary. It would be
[58:46.420 --> 58:49.420]  well worth your time. We'll be right back.
[58:49.420 --> 58:55.420]  Would you like to make more definite progress in your walk with God? Bibles for America
[58:55.420 --> 59:00.420]  is offering a free study Bible and a set of free Christian books that can really help.
[59:00.420 --> 59:05.420]  The New Testament Recovery Version is one of the most comprehensive study Bibles available
[59:05.420 --> 59:09.420]  today. It's an accurate translation and it contains thousands of footnotes that will
[59:09.420 --> 59:15.420]  help you to know God and to know the meaning of life. The free books are a three volume
[59:15.420 --> 59:20.420]  set called Basic Elements of the Christian Life. Chapter by chapter, Basic Elements of
[59:20.420 --> 59:25.420]  the Christian Life clearly presents God's plan of salvation, growing in Christ, and
[59:25.420 --> 59:31.420]  how to build up the church. To order your free New Testament Recovery Version and Basic
[59:31.420 --> 59:40.420]  Elements of the Christian Life, call Bibles for America toll free at 888-551-0102.
[59:40.420 --> 59:50.420]  That's 888-551-0102. Or visit us online at bfa.org.
[59:50.420 --> 01:00:02.420]  Live free speech radio, logosradionetwork.com.
[01:00:02.420 --> 01:00:07.420]  The following use flash is brought to you by the Lone Star Lowdown. Provided with daily
[01:00:07.420 --> 01:00:14.420]  bulletins for the commodities market. Today in history, news updates and the inside scoop
[01:00:14.420 --> 01:00:22.420]  into the tides of the alternative.
[01:00:22.420 --> 01:00:29.420]  Markets for the 11th of November, 2015 opened up with gold at $1084.79 an ounce, silver
[01:00:29.420 --> 01:00:36.420]  $14.30 an ounce, Texas crude $44.21 a barrel, and Bitcoin is currently sitting at about
[01:00:36.420 --> 01:00:44.420]  $310 U.S. currency.
[01:00:44.420 --> 01:00:50.420]  Today in history, Friday November 11th, Memorial Day 1921, President Warren G. Harding officiated
[01:00:50.420 --> 01:00:55.420]  at the internment ceremonies at the Memorial Amphitheater at Arlington National Cemetery
[01:00:55.420 --> 01:01:00.420]  of one of the four caskets exhumed from American cemeteries in France. This was the commemoration
[01:01:00.420 --> 01:01:07.420]  of the unknown soldier, World War I.
[01:01:07.420 --> 01:01:12.420]  In recent use, the Chinese e-commerce company Alibaba broke records with $14.3 billion in
[01:01:12.420 --> 01:01:18.420]  sales on Singles Day, November 11th. 11-11 is Singles Day in China because 11-11 looked
[01:01:18.420 --> 01:01:23.420]  like bare branches, a term used for bachelors in Chinese. The Alibaba Group holding limited
[01:01:23.420 --> 01:01:28.420]  said mobile sales alone made up about 70% of it, while Alibaba Jack Ma has said that
[01:01:28.420 --> 01:01:32.420]  he'd like to export Singles Day to the United States. It's not likely, say experts, since
[01:01:32.420 --> 01:01:37.420]  it would turn a solemn day of remembrance into a day of frivolous spending. You know,
[01:01:37.420 --> 01:01:42.420]  like Thanksgiving and Christmas, Alibaba was able to make 14-plus billion in sales in a
[01:01:42.420 --> 01:01:52.420]  single day in a country that spends a third of what we do on military armament.
[01:01:52.420 --> 01:01:57.420]  The world's most popular social media site, Facebook, will now be charged 250,000 euros
[01:01:57.420 --> 01:02:02.420]  a day if it doesn't change the way it uses tracking cookies after a lawsuit was raised
[01:02:02.420 --> 01:02:07.420]  in one by a Belgian's privacy watchdog group. Frederic de Bouchière, the lawyer behind
[01:02:07.420 --> 01:02:11.420]  the case, has stated that he is anticipating other cases to follow. The Belgian privacy
[01:02:11.420 --> 01:02:15.420]  watchdog successfully argued that Facebook was infringing on the privacy rights of the
[01:02:15.420 --> 01:02:18.420]  country's citizens by tracking them around the internet, even if they hadn't signed up
[01:02:18.420 --> 01:02:23.420]  to the site. Apparently, Facebook had been enabling cookies which would load onto a user's
[01:02:23.420 --> 01:02:27.420]  browser if they went onto a Facebook page, even if they weren't logged in, and then
[01:02:27.420 --> 01:02:31.420]  used them to track them when they came back to the site. Facebook's defense is that it
[01:02:31.420 --> 01:02:36.420]  was only collecting computers' IP addresses and other unique identifiers via these cookies.
[01:02:36.420 --> 01:02:41.420]  However, the court ruled that that information was personal data and should not be tracked.
[01:02:41.420 --> 01:02:46.420]  Facebook does plan to appeal the case stating that only EU courts and not Belgian courts
[01:02:46.420 --> 01:02:53.420]  have the authority to make such rulings.
[01:02:53.420 --> 01:03:20.420]  This was your Lowdown for November 11, 2013.
[01:03:20.420 --> 01:03:28.420]  Okay, we are back. Randy Kelton, Blue Blood Radio, on this Friday the 13th, November the
[01:03:28.420 --> 01:03:41.420]  13th, 2015, and we're talking to Steve in Washington. Okay, Steve, where were we? Oh,
[01:03:41.420 --> 01:03:44.420]  we were talking about Monster Machines.
[01:03:44.420 --> 01:03:51.420]  Yeah, and yeah, and this one, you know, I love the way, you know, I'm learning CNC and
[01:03:51.420 --> 01:03:58.420]  I'm doing my own mesh, I've got mesh cam and everything, and it's nice. But these machines
[01:03:58.420 --> 01:04:08.420]  are scary. And the big thing is, is the people that are making developing technology have
[01:04:08.420 --> 01:04:14.420]  a main customer, which is the government, you know, like Department of Defense, because
[01:04:14.420 --> 01:04:20.420]  they have the money to pay. And today I saw a camera that they can put out and it just
[01:04:20.420 --> 01:04:29.420]  scans the area and it can find all rifle scopes. And you know, it can find, you just put this
[01:04:29.420 --> 01:04:37.420]  camera out and it finds where it locates rifle scopes. And you can hook it up to face recognition
[01:04:37.420 --> 01:04:45.420]  or recognition software and you can just fire back with lasers. I mean, from this technology,
[01:04:45.420 --> 01:04:55.420]  I've seen rifles and everything are obsolete compared to what we have now. And my big fear
[01:04:55.420 --> 01:05:03.420]  is that if we have a war the next time, it's not going to be one, it's going to be one
[01:05:03.420 --> 01:05:11.420]  we're all going to have to hide. And that's what it's going to be like. And that's my
[01:05:11.420 --> 01:05:19.420]  fear. I'm concerned there won't be a place to hide. There won't be a place. That's right.
[01:05:19.420 --> 01:05:27.420]  There won't be a place to hide. Because the technology is getting too efficient at killing
[01:05:27.420 --> 01:05:37.420]  human beings. But then again, it will reach a point where killing human beings will not
[01:05:37.420 --> 01:05:45.420]  be important. Because it won't be human beings that will win or lose the war. We only kill
[01:05:45.420 --> 01:05:53.420]  human beings because they're dangerous. When the machines grow to the point that they eliminate
[01:05:53.420 --> 01:05:58.420]  us as a threat, there's no point in killing us anymore.
[01:05:58.420 --> 01:06:06.420]  No. Yeah, that's another concern is say like you have, you know, you need to go, you want
[01:06:06.420 --> 01:06:14.420]  to go to the store and you want to buy something that you like and your car decides that you
[01:06:14.420 --> 01:06:21.420]  only need so many calories. So now your car is not going to start because it decides that
[01:06:21.420 --> 01:06:26.420]  you don't need to eat this stuff. This is a good example right there. The car is not
[01:06:26.420 --> 01:06:31.420]  going to start because you're not going to go to the store. It doesn't want you to go
[01:06:31.420 --> 01:06:36.420]  to the store because it's not logical for you to eat more calories than you need. Now
[01:06:36.420 --> 01:06:38.420]  does that sound scary or what?
[01:06:38.420 --> 01:06:45.420]  Yeah, well, it sounds really farfetched. Well, I guess 10 years ago that would really sound
[01:06:45.420 --> 01:06:48.420]  farfetched. Today it doesn't.
[01:06:48.420 --> 01:06:51.420]  Farfetched. Yes, no.
[01:06:51.420 --> 01:06:58.420]  They would certainly have the capacity. Whether we would program them to do that or not, they'll
[01:06:58.420 --> 01:07:05.420]  probably program the car to crank up and not crank at the grocery store because you didn't
[01:07:05.420 --> 01:07:07.420]  buy enough.
[01:07:07.420 --> 01:07:14.420]  That's true. But you know, wait till the machine, like you said, all this technology is out
[01:07:14.420 --> 01:07:20.420]  there. Wait till it all comes together, but wait till it looks in the mirror and it recognizes
[01:07:20.420 --> 01:07:24.420]  itself. Then we're really in trouble.
[01:07:24.420 --> 01:07:38.420]  Well, they can already do that. One of the things that worries me is our military industrial
[01:07:38.420 --> 01:07:46.420]  complex. What we know about is probably five to 10 years behind what they really have out
[01:07:46.420 --> 01:08:02.420]  there. But I don't consider them the real threat. The real threat is that we are growing
[01:08:02.420 --> 01:08:13.420]  ourselves out of existence. We're evolving through technology in ways that we as human
[01:08:13.420 --> 01:08:22.420]  beings don't know how to handle. The whole paradigm of life is changing around us quickly.
[01:08:22.420 --> 01:08:32.420]  And human beings don't adapt as fast. When the machines no longer need to kill human
[01:08:32.420 --> 01:08:43.420]  beings because they're no longer a threat. When we get into a war-like situation where
[01:08:43.420 --> 01:08:50.420]  the machines on the other side are the real threat, not us. Now we're using drones to
[01:08:50.420 --> 01:09:04.420]  kill people in Iraq. They're likely to design something to kill the drones, so we're going
[01:09:04.420 --> 01:09:17.420]  to have a war of the machines. The machines themselves are eliminating our need to be
[01:09:17.420 --> 01:09:26.420]  out there being shot at and we're no value. I was in combat and in combat you don't get
[01:09:26.420 --> 01:09:33.420]  in a fight just because you can. You don't blow something up just because you can because
[01:09:33.420 --> 01:09:45.420]  it uses resources. You only expend your resources if you achieve a net gain. You don't get
[01:09:45.420 --> 01:09:50.420]  into a battle just because you can win it. You certainly don't want to get in one you
[01:09:50.420 --> 01:09:55.420]  can't win. If you do, you want to make sure you have an exit strategy. But you don't get
[01:09:55.420 --> 01:10:03.420]  into one just because you can win it. You get into one that if you win it, it makes
[01:10:03.420 --> 01:10:11.420]  a difference. And we as human beings, we're likely to become irrelevant and that's my
[01:10:11.420 --> 01:10:21.420]  biggest concern. We're advancing ourselves into irrelevance.
[01:10:21.420 --> 01:10:27.420]  Yes, and I believe these machines and I didn't even know they had eight and ten access machines
[01:10:27.420 --> 01:10:35.420]  out there, but these machines would be able to reproduce themselves.
[01:10:35.420 --> 01:10:41.420]  Yeah, that's not that's actually, I was reading an article about the automotive industry
[01:10:41.420 --> 01:10:51.420]  about the one of the only things they couldn't do with a machine was load and unload trucks
[01:10:51.420 --> 01:11:02.420]  because they didn't have the video technology to be able to look at something and recognize
[01:11:02.420 --> 01:11:08.420]  its shape compared to all the shapes around it so that it could reach into a stack of
[01:11:08.420 --> 01:11:14.420]  boxes and pull one box out without crushing it or without knocking the whole stack of
[01:11:14.420 --> 01:11:20.420]  boxes down and then be able to manipulate that box no matter where its center of gravity
[01:11:20.420 --> 01:11:25.420]  was and be able to move it to another place. And just in the last couple of years, they
[01:11:25.420 --> 01:11:32.420]  seem to have overcome that issue. So there's almost nothing that human beings need to do
[01:11:32.420 --> 01:11:39.420]  in building automobile. The movie The Minority Report where they're chasing him and he gets
[01:11:39.420 --> 01:11:46.420]  in an automotive production line. There are no people around there anywhere. The equipment's
[01:11:46.420 --> 01:11:52.420]  just cranking them out and we're moving in that direction very, very quickly.
[01:11:52.420 --> 01:11:58.420]  Well, it's like Schwarzenegger's movie, you know, like Terminator. You know, we don't
[01:11:58.420 --> 01:12:05.420]  think that could come true but remember Clint Eastwood's movies, you know, Jerry Harry.
[01:12:05.420 --> 01:12:11.420]  We didn't think that things were going to happen like, you know, the gauntlet and everything
[01:12:11.420 --> 01:12:16.420]  and today all these movies, I mean, these are all stuff we thought was science fiction
[01:12:16.420 --> 01:12:22.420]  so happening today, you know.
[01:12:22.420 --> 01:12:30.420]  My concern is that we're focused in the wrong place. We're focused on good and evil. And
[01:12:30.420 --> 01:12:37.420]  because we're focused on good and evil, we're looking for something to rise up as an evil
[01:12:37.420 --> 01:12:44.420]  force, something like ISIS. ISIS is something humans understand. It's a direct threat. We
[01:12:44.420 --> 01:12:55.420]  go out and attack a direct threat. I'm more concerned that the machines will not be malevolent,
[01:12:55.420 --> 01:13:02.420]  that the machines won't care about hurting us or eliminating us or taking our place.
[01:13:02.420 --> 01:13:10.420]  We're building these machines and designing them not to be malevolent but to be our aids
[01:13:10.420 --> 01:13:19.420]  and assistance. That may be the most dangerous thing of all is the machines will literally
[01:13:19.420 --> 01:13:28.420]  make us irrelevant. What happens when we have no more purpose? Frankly, I have no idea.
[01:13:28.420 --> 01:13:36.420]  Yeah, I like technology but I see that coming. I still have to agree with you. We'll be
[01:13:36.420 --> 01:13:44.420]  irrelevant, you know. That's a scary thought, really. I hope I'm not around.
[01:13:44.420 --> 01:13:51.420]  Okay, I want to hang around. So, only a few people need to hang around because they need
[01:13:51.420 --> 01:14:01.420]  our experience and wisdom. If we have a job in getting older, our job is to develop wisdom.
[01:14:01.420 --> 01:14:08.420]  In this culture, we've lost a lot of that. In most old cultures, they revere old people
[01:14:08.420 --> 01:14:14.420]  because old people have lived a long time, had a lot of experience, and they develop
[01:14:14.420 --> 01:14:23.420]  a lot of wisdom. It was expected that as you age, you would develop wisdom. So, people
[01:14:23.420 --> 01:14:27.420]  worked at learning and understanding how things work so they could impart that information
[01:14:27.420 --> 01:14:34.420]  to their children. We've lost a lot of that in the last couple of generations. But as
[01:14:34.420 --> 01:14:41.420]  we live longer, we hope that a lot of this comes back. Our children are moving into a
[01:14:41.420 --> 01:14:51.420]  new world that is totally without precedent. They're going to need a moderating force
[01:14:51.420 --> 01:14:57.420]  and it's our job to be that. Okay, I really need to move along. We've got a bunch of callers.
[01:14:57.420 --> 01:15:02.420]  Did you have a question on anything on law in specific, Steve?
[01:15:02.420 --> 01:15:08.420]  Yeah. Are you going to let me know where you're going to hide when the next war breaks out
[01:15:08.420 --> 01:15:11.420]  so I can move in with you?
[01:15:11.420 --> 01:15:17.420]  Well, one thing I'm not going to do is try to hide from what's coming.
[01:15:17.420 --> 01:15:19.420]  Yeah.
[01:15:19.420 --> 01:15:27.420]  I'll be right there in front of it. And what's coming, I don't expect to be the danger is
[01:15:27.420 --> 01:15:34.420]  not in a war. War, that's something humans do. That's something humans do to each other.
[01:15:34.420 --> 01:15:42.420]  In the rise of the machines, what we're doing is casting the machines in the roles of humans
[01:15:42.420 --> 01:15:48.420]  and they're not humans. They will be altogether different and if we're to understand what's
[01:15:48.420 --> 01:15:57.420]  coming, we have to back out of our petty prejudices and fears and look at these things
[01:15:57.420 --> 01:16:05.420]  for what they are. Try to predict where they will lead us and decide if that's a good place
[01:16:05.420 --> 01:16:13.420]  or a bad place and do what we can to make sure we don't let these things get out of control.
[01:16:13.420 --> 01:16:18.420]  I suspect they're going to get out of control no matter what we do, but so that if they
[01:16:18.420 --> 01:16:27.420]  do get out of control, they don't find us as irrelevant. We have to find a way to stay relevant.
[01:16:27.420 --> 01:16:28.420]  Sounds good.
[01:16:28.420 --> 01:16:32.420]  Okay. Thank you, Steve.
[01:16:32.420 --> 01:16:39.420]  Well, we're about to go to break. We're going to go to Miss Leslie.
[01:16:39.420 --> 01:16:46.420]  Miss Leslie has kind of become my mentor on how to write good legal documents.
[01:16:46.420 --> 01:16:50.420]  So, Miss Leslie, we'll see you on the other side. This is Randy Kelton,
[01:16:50.420 --> 01:16:57.420]  Rue of La Radio. I call it number 512-646-1984. We'll be right back.
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[01:19:27.420 --> 01:19:32.420]  Okay, we are back.
[01:19:32.420 --> 01:19:38.420]  Randy Felton, RuleOfLaw Radio, and we're going to Leslie in Pennsylvania.
[01:19:38.420 --> 01:19:40.420]  Hello, Ms. Leslie.
[01:19:40.420 --> 01:19:42.420]  Hello, Randy.
[01:19:42.420 --> 01:19:48.420]  That, where did you, where did you find all these great cases?
[01:19:48.420 --> 01:19:51.420]  All over the place.
[01:19:51.420 --> 01:19:58.420]  But this one is particularly interesting to me when you read the motion that I sent you,
[01:19:58.420 --> 01:20:01.420]  because it comes right to the same thing.
[01:20:01.420 --> 01:20:08.420]  When you look on page three of that, I call it a plea to the jurisdiction,
[01:20:08.420 --> 01:20:11.420]  but it's actually a motion to strike the complaint,
[01:20:11.420 --> 01:20:18.420]  because there was a fraudulent assignment of mortgage in my case, just like in that one.
[01:20:18.420 --> 01:20:32.420]  Yeah, and I've gotten to where, in trying to sort out of all the plethora of possibilities we're coming across,
[01:20:32.420 --> 01:20:41.420]  what do we do first, and then if that doesn't get us where we need to be, what do we do second?
[01:20:41.420 --> 01:20:46.420]  We need to have all of these issues, not just the issues lined out,
[01:20:46.420 --> 01:20:50.420]  but the order in which we should be addressing the issues.
[01:20:50.420 --> 01:20:54.420]  And in doing that, one thing stands out.
[01:20:54.420 --> 01:21:02.420]  In just about every case I look at, the first thing I want to do is a quiet title.
[01:21:02.420 --> 01:21:09.420]  Not a federal suit, not a wrongful foreclosure suit, but a quiet title action.
[01:21:09.420 --> 01:21:12.420]  It's a collateral attack.
[01:21:12.420 --> 01:21:19.420]  First thing we do is go in and undermine the documentation they would use to,
[01:21:19.420 --> 01:21:25.420]  the other side would use to establish agency standing or capacity.
[01:21:25.420 --> 01:21:27.420]  You know, that's how I got the information,
[01:21:27.420 --> 01:21:31.420]  and I guess the mere assignment of mortgage was the quiet title.
[01:21:31.420 --> 01:21:37.420]  Even though it was dismissed, I still got the testimony,
[01:21:37.420 --> 01:21:44.420]  because the assignment said they had nothing whatsoever to do with the assignment.
[01:21:44.420 --> 01:21:47.420]  The party's name that's on there says they had nothing whatsoever to do with it.
[01:21:47.420 --> 01:21:49.420]  They had no interest in the assignment.
[01:21:49.420 --> 01:21:58.420]  Right, they said, and this they said in court, so it becomes collateral estoppel.
[01:21:58.420 --> 01:22:00.420]  Exactly.
[01:22:00.420 --> 01:22:05.420]  Nobody can come in and say that this entity had something to do with it,
[01:22:05.420 --> 01:22:09.420]  because they've already stated in court under oath that they didn't.
[01:22:09.420 --> 01:22:11.420]  Exactly.
[01:22:11.420 --> 01:22:20.420]  So that was the argument, that there was a fraudulent assignment in my motion to strike the complaint.
[01:22:20.420 --> 01:22:23.420]  But I also added something a little bit different.
[01:22:23.420 --> 01:22:34.420]  Tell me, Randy, when someone rescinds their mortgage, who owns the mortgage in loans?
[01:22:34.420 --> 01:22:37.420]  Okay, you broke up just a little bit.
[01:22:37.420 --> 01:22:38.420]  Say that again.
[01:22:38.420 --> 01:22:39.420]  Who, what?
[01:22:39.420 --> 01:22:48.420]  When I rescinded my mortgage, they are required by law, state and federal,
[01:22:48.420 --> 01:22:53.420]  to return my mortgage and note canceled back to me.
[01:22:53.420 --> 01:22:56.420]  They did not, because they did not.
[01:22:56.420 --> 01:22:57.420]  That is a criminal offense.
[01:22:57.420 --> 01:23:14.420]  That is theft of movable property in Pennsylvania under 18, let me see, 183942, I think it is, but by operation of law.
[01:23:14.420 --> 01:23:19.420]  Okay, let's stop here and talk about criminal.
[01:23:19.420 --> 01:23:28.420]  What have you done to bring the criminal accusations to the court?
[01:23:28.420 --> 01:23:29.420]  I haven't done anything.
[01:23:29.420 --> 01:23:30.420]  Well, I have.
[01:23:30.420 --> 01:23:34.420]  I've talked to the district attorney and he told me to file a police report,
[01:23:34.420 --> 01:23:38.420]  which I have been hesitant to do right now.
[01:23:38.420 --> 01:23:41.420]  But I have filed with the FBI.
[01:23:41.420 --> 01:23:47.420]  Okay, you are in Pennsylvania and Pennsylvania is peculiar.
[01:23:47.420 --> 01:24:00.420]  In that, like England and Australia, when it comes to the filing of a criminal complaint, you have standing.
[01:24:00.420 --> 01:24:02.420]  I've already done that court too.
[01:24:02.420 --> 01:24:03.420]  I have done that.
[01:24:03.420 --> 01:24:04.420]  I'm in Texas.
[01:24:04.420 --> 01:24:06.420]  I have no standing.
[01:24:06.420 --> 01:24:11.420]  Now, I have a duty to give notice of crime, but that's all.
[01:24:11.420 --> 01:24:20.420]  I have no standing to enforce the criminal complaint.
[01:24:20.420 --> 01:24:27.420]  You, on the other hand, being in Pennsylvania, you have standing.
[01:24:27.420 --> 01:24:31.420]  It changes the whole dynamic.
[01:24:31.420 --> 01:24:44.420]  I filed one in the county court and the district attorney said that because at the time I was in a quiet title action
[01:24:44.420 --> 01:24:50.420]  and it was in the court of appeals that I should wait until the court of appeals is done with it.
[01:24:50.420 --> 01:24:56.420]  And when it was done with it, I went back to him and told him they had already filed foreclosure on me.
[01:24:56.420 --> 01:24:59.420]  He said, go and report to the police.
[01:24:59.420 --> 01:25:02.420]  He said, then we'll fix it now.
[01:25:02.420 --> 01:25:05.420]  Wait a minute, say that again.
[01:25:05.420 --> 01:25:10.420]  When we were in the court of appeals, he said to wait until the appeals were done.
[01:25:10.420 --> 01:25:11.420]  Okay, he got the appeal over.
[01:25:11.420 --> 01:25:13.420]  Then what did he say?
[01:25:13.420 --> 01:25:19.420]  They filed foreclosure before the appeal order came down.
[01:25:19.420 --> 01:25:23.420]  Okay, what did the prosecutor say?
[01:25:23.420 --> 01:25:27.420]  He said, go to the police and make a report and we'll take it from there.
[01:25:27.420 --> 01:25:30.420]  Crap, bola.
[01:25:30.420 --> 01:25:33.420]  Take it to the court of common, please.
[01:25:33.420 --> 01:25:37.420]  Well, I've already filed a RICO complaint.
[01:25:37.420 --> 01:25:40.420]  Okay, RICO is separate.
[01:25:40.420 --> 01:25:44.420]  RICO is only quasi-criminal.
[01:25:44.420 --> 01:25:46.420]  This is directly criminal.
[01:25:46.420 --> 01:25:50.420]  Take a complaint to the court of common, please.
[01:25:50.420 --> 01:25:53.420]  And let the court of common, please.
[01:25:53.420 --> 01:25:56.420]  See, the court of common, please.
[01:25:56.420 --> 01:25:59.420]  They're the actual place to take it to.
[01:25:59.420 --> 01:26:06.420]  But in Pennsylvania, the legislature has passed legislation that gives the
[01:26:06.420 --> 01:26:09.420]  prosecuting attorney first blush.
[01:26:09.420 --> 01:26:14.420]  The prosecutor should not get this from the police.
[01:26:14.420 --> 01:26:18.420]  The prosecutor normally gets complaints from the police.
[01:26:18.420 --> 01:26:22.420]  But those are complaints generated by police officers.
[01:26:22.420 --> 01:26:24.420]  Right.
[01:26:24.420 --> 01:26:28.420]  These complaints are generated by you.
[01:26:28.420 --> 01:26:35.420]  And complaints are directed to the court of common, please, in Pennsylvania.
[01:26:35.420 --> 01:26:37.420]  So you take it to the court of common, please.
[01:26:37.420 --> 01:26:44.420]  And the court of common, please can examine the deficiency of the complaint
[01:26:44.420 --> 01:26:50.420]  and make a determination of whether or not to pursue prosecution.
[01:26:50.420 --> 01:26:55.420]  What they will do, since the prosecutor has first blush, they'll send it to
[01:26:55.420 --> 01:26:58.420]  the prosecutor.
[01:26:58.420 --> 01:27:05.420]  And if the prosecutor refuses to prosecute or exercises his first blush
[01:27:05.420 --> 01:27:10.420]  discretion, then, I'm sorry, I started out wrong.
[01:27:10.420 --> 01:27:14.420]  You really do have to take it to the prosecutor first.
[01:27:14.420 --> 01:27:16.420]  Don't give it to the police.
[01:27:16.420 --> 01:27:20.420]  Give it to the prosecutor first because he has first blush.
[01:27:20.420 --> 01:27:25.420]  And when the prosecutor refuses to prosecute, then you can appeal his
[01:27:25.420 --> 01:27:29.420]  refusal to the court of common, please.
[01:27:29.420 --> 01:27:30.420]  Right.
[01:27:30.420 --> 01:27:35.420]  And what I suggested in looking at Pennsylvania law, since the attorney
[01:27:35.420 --> 01:27:42.420]  general of Pennsylvania has prosecutorial powers, you file a complaint
[01:27:42.420 --> 01:27:47.420]  against the prosecuting attorney for shielding these people from prosecution
[01:27:47.420 --> 01:27:49.420]  with the attorney general.
[01:27:49.420 --> 01:27:54.420]  And at the same time, file an appeal with the court of common, please.
[01:27:54.420 --> 01:27:59.420]  And then the attorney general is going to refuse to prosecute the prosecutor.
[01:27:59.420 --> 01:28:04.420]  And when he does, you take the prosecutor to the court of common, please.
[01:28:04.420 --> 01:28:08.420]  You can appeal this all the way up to the supreme.
[01:28:08.420 --> 01:28:10.420]  Oh, I know.
[01:28:10.420 --> 01:28:13.420]  This gives you direct access to the supreme.
[01:28:13.420 --> 01:28:17.420]  And I had a friend in Pennsylvania that appealed a traffic issue to the
[01:28:17.420 --> 01:28:19.420]  supreme.
[01:28:19.420 --> 01:28:28.420]  And I was astounded at how tolerant they were, how patient with him they
[01:28:28.420 --> 01:28:29.420]  were.
[01:28:29.420 --> 01:28:36.420]  They gave him a 30-page response telling him what was wrong with his appeal,
[01:28:36.420 --> 01:28:39.420]  telling him how to fix his appeal.
[01:28:39.420 --> 01:28:44.420]  It was amazing what I read in there.
[01:28:44.420 --> 01:28:51.420]  Your supreme court seems to take proceeds very serious.
[01:28:51.420 --> 01:28:57.420]  This is a good way to generate a lot of politics.
[01:28:57.420 --> 01:29:07.420]  But if you don't want to alienate the prosecuting attorney, then I'd have to
[01:29:07.420 --> 01:29:15.420]  look at how to do this without alienating him.
[01:29:15.420 --> 01:29:20.420]  But if you give it to the police, the police are just going to toss it.
[01:29:20.420 --> 01:29:21.420]  Oh, yeah.
[01:29:21.420 --> 01:29:25.420]  Right now, I want to get this thing kicked out of the court.
[01:29:25.420 --> 01:29:29.420]  And in order to do that, I filed this motion to strike.
[01:29:29.420 --> 01:29:34.420]  And I brought up the fraudulent assignment and mortgage first and foremost.
[01:29:34.420 --> 01:29:36.420]  And then I asked him...
[01:29:36.420 --> 01:29:38.420]  Okay, hold on.
[01:29:38.420 --> 01:29:43.420]  When we come back, motion to strike what?
[01:29:43.420 --> 01:29:44.420]  Okay.
[01:29:44.420 --> 01:29:45.420]  Hang on.
[01:29:45.420 --> 01:29:46.420]  Randy Kelton.
[01:29:46.420 --> 01:29:49.420]  I call it number 512-646-1984.
[01:29:49.420 --> 01:29:51.420]  Chris, I see you there.
[01:29:51.420 --> 01:29:52.420]  We'll get to you tonight.
[01:29:52.420 --> 01:30:01.420]  We'll be right back.
[01:30:01.420 --> 01:30:03.420]  All aboard.
[01:30:03.420 --> 01:30:06.420]  As the cold spread through the dorms of St. Mary's College in Maryland,
[01:30:06.420 --> 01:30:09.420]  the school relocated its students to a cruise ship.
[01:30:09.420 --> 01:30:15.420]  And Dr. Catherine Albrecht with an ocean tale of kids sailing through college next.
[01:30:15.420 --> 01:30:17.420]  Privacy is under attack.
[01:30:17.420 --> 01:30:20.420]  When you give up data about yourself, you'll never get it back again.
[01:30:20.420 --> 01:30:25.420]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:25.420 --> 01:30:30.420]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:30:30.420 --> 01:30:33.420]  Privacy, it's worth hanging on to.
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[01:30:44.420 --> 01:30:46.420]  After Tropical Storm Irene swept through Maryland,
[01:30:46.420 --> 01:30:51.420]  mold spread like wildfire through the dorms of St. Mary's College.
[01:30:51.420 --> 01:30:53.420]  250 students had to be relocated.
[01:30:53.420 --> 01:30:54.420]  But where?
[01:30:54.420 --> 01:30:55.420]  Hotels?
[01:30:55.420 --> 01:30:58.420]  Well, that cost a fortune, $20,000 a day.
[01:30:58.420 --> 01:31:01.420]  So St. Mary's President came up with a way with an idea.
[01:31:01.420 --> 01:31:03.420]  How about putting the students up on a cruise ship?
[01:31:03.420 --> 01:31:08.420]  It just so happened the Sea Voyager cruise ship was on its way down from Maine.
[01:31:08.420 --> 01:31:12.420]  Would the owners mind docking in Maryland and turning their vessel into a floating dorm?
[01:31:12.420 --> 01:31:13.420]  No problem.
[01:31:13.420 --> 01:31:18.420]  So now the students are enjoying fine onboard dining, sweet looking suites,
[01:31:18.420 --> 01:31:20.420]  and a breathtaking waterfront view.
[01:31:20.420 --> 01:31:22.420]  Talk about smooth sailing.
[01:31:22.420 --> 01:31:23.420]  I'm Dr. Catherine Albrecht.
[01:31:23.420 --> 01:31:30.420]  More news and information at CatherineAlbrecht.com.
[01:31:30.420 --> 01:31:35.420]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:35.420 --> 01:31:37.420]  The government says that fire brought it down.
[01:31:37.420 --> 01:31:42.420]  However, 1,500 architects and engineers have concluded it was a controlled demolition.
[01:31:42.420 --> 01:31:45.420]  Over 6,000 of my fellow service members have given their lives.
[01:31:45.420 --> 01:31:48.420]  Thousands of my fellow first responders are dying.
[01:31:48.420 --> 01:31:49.420]  I'm not a conspiracy theorist.
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[01:31:54.420 --> 01:31:57.420]  We're Americans, and we deserve the truth.
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[01:32:58.420 --> 01:33:02.420]  May not actually be kidding about chemtrails.
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[01:33:05.420 --> 01:33:27.420]  Logosradionetwork.com.
[01:33:27.420 --> 01:33:37.420]  Okay, we are back. Randy Kelton, Rue of La Radio, and we're talking to Leslie in Pennsylvania.
[01:33:37.420 --> 01:33:38.420]  I can get mails if you unmute it.
[01:33:38.420 --> 01:33:40.420]  Okay, there you are.
[01:33:40.420 --> 01:33:49.420]  Okay, I have a plaintiff's reply to defendant's reply to plaintiff's response to defendant's opposition
[01:33:49.420 --> 01:33:53.420]  to plaintiff's motion to withdraw a complaint without prejudice.
[01:33:53.420 --> 01:33:57.420]  I don't have the argument, but that's too big. He wants a smaller one.
[01:33:57.420 --> 01:34:01.420]  Oh, well, just reading that gives me a headache.
[01:34:01.420 --> 01:34:06.420]  Yeah. Let me see.
[01:34:06.420 --> 01:34:10.420]  I plead to the jurisdiction, because that's what it is, really.
[01:34:10.420 --> 01:34:14.420]  It goes straight to jurisdiction.
[01:34:14.420 --> 01:34:17.420]  And it's actually a motion to strike.
[01:34:17.420 --> 01:34:21.420]  I had it named two different things in my computer.
[01:34:21.420 --> 01:34:25.420]  Okay, jurisdiction, pleaded jurisdiction. That's the one you're talking about?
[01:34:25.420 --> 01:34:28.420]  Yes, on page three.
[01:34:28.420 --> 01:34:30.420]  Okay.
[01:34:30.420 --> 01:34:35.420]  Respondents Thomas A. Orman, Leslie E. Orman hereby file a respondent's motion to strike.
[01:34:35.420 --> 01:34:38.420]  Plaintiff's complaint as follows.
[01:34:38.420 --> 01:34:43.420]  In all civil actions, mortgage foreclosure action shall be prosecuted by
[01:34:43.420 --> 01:34:51.420]  and in the name of the real party in interest, Pennsylvania RPC RCP2002A.
[01:34:51.420 --> 01:34:57.420]  The Superior Court of Pennsylvania has recognized that a real party in interest
[01:34:57.420 --> 01:35:03.420]  is a person who will be entitled to the benefits of the action if successful.
[01:35:03.420 --> 01:35:10.420]  A party is a real party in interest if it has the legal right under the applicable substantive law
[01:35:10.420 --> 01:35:15.420]  to enforce the claim in question. This is your position.
[01:35:15.420 --> 01:35:16.420]  Right.
[01:35:16.420 --> 01:35:20.420]  And it's going to be your position that they are not that party.
[01:35:20.420 --> 01:35:24.420]  Exactly. I own the mortgage and note.
[01:35:24.420 --> 01:35:29.420]  They're mine. I rescinded them. The law says they're mine.
[01:35:29.420 --> 01:35:37.420]  TILA and the Unfair Trade Practices Act.
[01:35:37.420 --> 01:35:41.420]  Wait a minute.
[01:35:41.420 --> 01:35:45.420]  I lost reference to part of that.
[01:35:45.420 --> 01:35:51.420]  Okay. Under the Unfair Trade Practices and Consumer Protection Law of Pennsylvania,
[01:35:51.420 --> 01:35:59.420]  when you rescind a mortgage for any loan, they are to return the security instruments
[01:35:59.420 --> 01:36:04.420]  and the note to the borrower.
[01:36:04.420 --> 01:36:08.420]  Period. They don't have an option.
[01:36:08.420 --> 01:36:11.420]  They are commanded by law to cancel them and return them.
[01:36:11.420 --> 01:36:14.420]  And TILA says the same thing.
[01:36:14.420 --> 01:36:17.420]  So they're mine. The law says they're mine.
[01:36:17.420 --> 01:36:21.420]  So they can't claim they're theirs. It's rescinded.
[01:36:21.420 --> 01:36:29.420]  They have no order saying otherwise.
[01:36:29.420 --> 01:36:32.420]  That raises an interesting question.
[01:36:32.420 --> 01:36:36.420]  Now this goes to a property right.
[01:36:36.420 --> 01:36:38.420]  Exactly.
[01:36:38.420 --> 01:36:42.420]  They have absconded with your property.
[01:36:42.420 --> 01:36:45.420]  Exactly.
[01:36:45.420 --> 01:36:50.420]  Is that what this goes to?
[01:36:50.420 --> 01:36:54.420]  Partly. First, we have a fraudulent assignment of mortgage.
[01:36:54.420 --> 01:36:59.420]  That's part one of the argument.
[01:36:59.420 --> 01:37:07.420]  Have you filed a quiet title action to the assignment of mortgage?
[01:37:07.420 --> 01:37:10.420]  Not yet. No.
[01:37:10.420 --> 01:37:13.420]  Let me make a suggestion.
[01:37:13.420 --> 01:37:20.420]  File the quiet title and move for stay or move for an abatement.
[01:37:20.420 --> 01:37:26.420]  Debate these proceedings until the quiet title issue can be heard
[01:37:26.420 --> 01:37:32.420]  because the quiet title issue will act as res judicata in this case,
[01:37:32.420 --> 01:37:36.420]  will act to clarify this case.
[01:37:36.420 --> 01:37:40.420]  If you win that one, this case becomes nude.
[01:37:40.420 --> 01:37:42.420]  Right.
[01:37:42.420 --> 01:37:48.420]  Well, in this motion to strike, I argue that the assignment is fraudulent
[01:37:48.420 --> 01:37:53.420]  because the assigning party says they had nothing whatsoever to do with it.
[01:37:53.420 --> 01:37:58.420]  The place to really test that is in a quiet title action.
[01:37:58.420 --> 01:37:59.420]  Right.
[01:37:59.420 --> 01:38:05.420]  And the only thing you ask the court for is a declaratory judgment.
[01:38:05.420 --> 01:38:09.420]  Do not ask for any damages of any kind.
[01:38:09.420 --> 01:38:16.420]  All you want is a declaratory judgment that states whether or not this document
[01:38:16.420 --> 01:38:20.420]  meets the statutory filing requirements.
[01:38:20.420 --> 01:38:28.420]  And that should be relatively easy for the judge to make a definitive ruling on.
[01:38:28.420 --> 01:38:33.420]  And do not let the judge award you any damages
[01:38:33.420 --> 01:38:38.420]  because I'm not sure exactly how Pennsylvania works,
[01:38:38.420 --> 01:38:42.420]  but I've seen them in other states where when the judge grants anything
[01:38:42.420 --> 01:38:48.420]  other than a declaratory judgment, the court of appeals immediately tosses it.
[01:38:48.420 --> 01:38:53.420]  And the judges were deliberately doing that to get it tossed out on appeal.
[01:38:53.420 --> 01:38:54.420]  So.
[01:38:54.420 --> 01:38:55.420]  Okay.
[01:38:55.420 --> 01:39:02.420]  A real simple declaratory judgment based on this statement by this party
[01:39:02.420 --> 01:39:05.420]  that's already been made in court,
[01:39:05.420 --> 01:39:10.420]  and they're clatterily stopped from attacking the statement.
[01:39:10.420 --> 01:39:11.420]  Exactly.
[01:39:11.420 --> 01:39:14.420]  Because it is a matter of law.
[01:39:14.420 --> 01:39:21.420]  And your quiet title should be essentially a done deal.
[01:39:21.420 --> 01:39:26.420]  You should be able to file the quiet title and file for summary judgment.
[01:39:26.420 --> 01:39:31.420]  Because the statement has already been made in court,
[01:39:31.420 --> 01:39:33.420]  so it's a matter of public record.
[01:39:33.420 --> 01:39:36.420]  It cannot be refuted.
[01:39:36.420 --> 01:39:42.420]  So you don't think they would strike the complaint for having a fraudulent assignment?
[01:39:42.420 --> 01:39:53.420]  Well, they would do it a lot more quickly if the fraudulent nature of the assignment was no longer in question.
[01:39:53.420 --> 01:39:54.420]  Right.
[01:39:54.420 --> 01:40:01.420]  If it's fraud by Judicata and in a different court,
[01:40:01.420 --> 01:40:08.420]  this judge can't revisit the decision of the quiet title court.
[01:40:08.420 --> 01:40:15.420]  And if the quiet title court has this really tightly framed complaint,
[01:40:15.420 --> 01:40:18.420]  so it leaves the court no wiggle room,
[01:40:18.420 --> 01:40:23.420]  I'm going to suggest with the set of facts you've indicated,
[01:40:23.420 --> 01:40:34.420]  you can prepare a quiet title action and file with it a petition for declaratory judgment.
[01:40:34.420 --> 01:40:35.420]  Okay.
[01:40:35.420 --> 01:40:40.420]  Pull the record where they stated that in court.
[01:40:40.420 --> 01:40:42.420]  Attach the record to your complaint.
[01:40:42.420 --> 01:40:52.420]  And you have evidence that cannot be refuted that the court must take judicial notice of.
[01:40:52.420 --> 01:40:54.420]  Because it's public record.
[01:40:54.420 --> 01:41:07.420]  And there is sufficient evidence with this court statement in the court and the public record
[01:41:07.420 --> 01:41:14.420]  that the judge can make an irrefutable definitive judgment that can't be refuted.
[01:41:14.420 --> 01:41:17.420]  You should be able to get that with no argument.
[01:41:17.420 --> 01:41:21.420]  Do you want us to serve the other party or just do it on the paperwork?
[01:41:21.420 --> 01:41:23.420]  Don't serve the other party.
[01:41:23.420 --> 01:41:31.420]  You're claiming that not the party who's claiming to hold it,
[01:41:31.420 --> 01:41:34.420]  they're not the one that filed this document.
[01:41:34.420 --> 01:41:37.420]  So they don't have standing in this issue.
[01:41:37.420 --> 01:41:46.420]  The one who filed the document is the one who has standing to argue for the validity of the document.
[01:41:46.420 --> 01:41:50.420]  Not the one that was assigned to.
[01:41:50.420 --> 01:41:55.420]  That one doesn't get any standing until this document is validated.
[01:41:55.420 --> 01:41:57.420]  Okay.
[01:41:57.420 --> 01:42:00.420]  And so you want them in there.
[01:42:00.420 --> 01:42:02.420]  If they try to come in, you object.
[01:42:02.420 --> 01:42:05.420]  They have no standing here.
[01:42:05.420 --> 01:42:07.420]  Okay.
[01:42:07.420 --> 01:42:08.420]  This should be relative.
[01:42:08.420 --> 01:42:12.420]  Even if they do, who want to come?
[01:42:12.420 --> 01:42:16.420]  This is res judicata.
[01:42:16.420 --> 01:42:22.420]  They can't argue with what's already in the record.
[01:42:22.420 --> 01:42:27.420]  And they're not the one that made that statement in the record.
[01:42:27.420 --> 01:42:30.420]  Another party made that statement.
[01:42:30.420 --> 01:42:37.420]  So who is the one, okay, who did the assignment?
[01:42:37.420 --> 01:42:40.420]  Mortgage IT says that they did the assignment.
[01:42:40.420 --> 01:42:43.420]  That's who City Mortgage says did the assignment.
[01:42:43.420 --> 01:42:44.420]  Wait a minute.
[01:42:44.420 --> 01:42:47.420]  Merge did the assignment for who?
[01:42:47.420 --> 01:42:49.420]  Mortgage IT.
[01:42:49.420 --> 01:42:51.420]  And who?
[01:42:51.420 --> 01:42:57.420]  Where does Mortgage IT get standing to file something in the record?
[01:42:57.420 --> 01:43:00.420]  Well, they were the original lender.
[01:43:00.420 --> 01:43:01.420]  Oh, okay, good, good, good.
[01:43:01.420 --> 01:43:06.420]  And who is the party that said they had no interest?
[01:43:06.420 --> 01:43:07.420]  Mortgage IT.
[01:43:07.420 --> 01:43:09.420]  That's where I wanted to go.
[01:43:09.420 --> 01:43:13.420]  The only one you notice is Mortgage IT.
[01:43:13.420 --> 01:43:19.420]  So Merge did not act for a successor or a sign.
[01:43:19.420 --> 01:43:23.420]  Merge acted for Mortgage IT.
[01:43:23.420 --> 01:43:26.420]  So Merge is just an agent.
[01:43:26.420 --> 01:43:36.420]  You petition, when you file the quiet title, the only one who should get noticed is Mortgage IT.
[01:43:36.420 --> 01:43:42.420]  And they're going to stipulate that they have any interest.
[01:43:42.420 --> 01:43:43.420]  Right.
[01:43:43.420 --> 01:43:44.420]  They can't not.
[01:43:44.420 --> 01:43:47.420]  Hang on, about to go to break.
[01:43:47.420 --> 01:43:53.420]  Randy Kelton, Rue of La Radio, I'll call it a number, 501-2646-1984.
[01:43:53.420 --> 01:43:55.420]  We'll be right back.
[01:43:55.420 --> 01:43:59.420]  This is way too much fun, Leslie.
[01:43:59.420 --> 01:44:03.420]  Do you feel tired when talking about important topics like money and politics?
[01:44:03.420 --> 01:44:04.420]  Sorry.
[01:44:04.420 --> 01:44:07.420]  Are you confused by words like the Constitution or the Federal Reserve?
[01:44:07.420 --> 01:44:08.420]  What?
[01:44:08.420 --> 01:44:12.420]  So you may be diagnosed with the deadliest disease known today, stupidity.
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[01:46:23.420 --> 01:46:26.420]  Okay, we are back.
[01:46:26.420 --> 01:46:32.420]  Randy Kelton, rule of law radio, and we're talking to Leslie in Pennsylvania.
[01:46:32.420 --> 01:46:40.420]  So, and this is one of the things that I've been struggling with.
[01:46:40.420 --> 01:46:44.420]  Sometimes it's hard to figure out what the first thing we should do is,
[01:46:44.420 --> 01:46:48.420]  and what the second thing we should do is, and then the third thing,
[01:46:48.420 --> 01:46:56.420]  so that we work efficiently.
[01:46:56.420 --> 01:46:57.420]  Right.
[01:46:57.420 --> 01:47:04.420]  Well, when I was writing up the motion to strike the complaint, I was thinking, why do I want to do it?
[01:47:04.420 --> 01:47:06.420]  What right do I have to ask?
[01:47:06.420 --> 01:47:09.420]  And first of all, because the assignment is fraudulent.
[01:47:09.420 --> 01:47:13.420]  The second is because they stole my mortgage documents.
[01:47:13.420 --> 01:47:15.420]  They're mine.
[01:47:15.420 --> 01:47:20.420]  I rescinded the loan, and they're mine, and I'm the only one that has the right to bring any action against this property.
[01:47:20.420 --> 01:47:21.420]  Okay, okay.
[01:47:21.420 --> 01:47:24.420]  Hold on, hold on.
[01:47:24.420 --> 01:47:32.420]  Say you have a really nicely carved jack-o-lantern on your porch,
[01:47:32.420 --> 01:47:37.420]  and I steal your really nicely carved jack-o-lantern.
[01:47:37.420 --> 01:47:40.420]  What is your remedy?
[01:47:40.420 --> 01:47:43.420]  Report it to the police.
[01:47:43.420 --> 01:47:47.420]  Well, beyond, okay, there is the obvious criminal side,
[01:47:47.420 --> 01:47:52.420]  but this jack-o-lantern was really important to you,
[01:47:52.420 --> 01:48:00.420]  and it cost you a lot of money to get this thing carved so perfectly,
[01:48:00.420 --> 01:48:05.420]  and your grandkids didn't get to see it, so it caused you all sorts of emotional distress.
[01:48:05.420 --> 01:48:08.420]  What is your remedy?
[01:48:08.420 --> 01:48:10.420]  You mean for the jack-o-lantern?
[01:48:10.420 --> 01:48:16.420]  Yeah, yeah, what is your remedy for someone stealing your personal property?
[01:48:16.420 --> 01:48:18.420]  Throwing them in jail.
[01:48:18.420 --> 01:48:21.420]  Well, the civil remedy.
[01:48:21.420 --> 01:48:27.420]  What I'm doing is let's not mix issues together.
[01:48:27.420 --> 01:48:36.420]  If you read the rest of the thing, I go down after the rescission and the thing that they stole my documents,
[01:48:36.420 --> 01:48:41.420]  then I go down to the rescission settlement and say they didn't join a real party in interest to this action
[01:48:41.420 --> 01:48:46.420]  or prove any other interest, so how can I make a settlement on my rescission?
[01:48:46.420 --> 01:48:48.420]  How can I settle this account?
[01:48:48.420 --> 01:48:53.420]  I've paid so much money into the settlement sheet, it's a HUD-1,
[01:48:53.420 --> 01:48:58.420]  and I paid so much to the servicer over the series of years that I paid on my mortgage,
[01:48:58.420 --> 01:49:00.420]  and the house is only worth so much money.
[01:49:00.420 --> 01:49:05.420]  Okay, wait a minute, hold on.
[01:49:05.420 --> 01:49:09.420]  I've kind of got an issue here.
[01:49:09.420 --> 01:49:10.420]  What?
[01:49:10.420 --> 01:49:16.420]  Your original loan was with IT mortgage.
[01:49:16.420 --> 01:49:18.420]  Right, mortgage.
[01:49:18.420 --> 01:49:26.420]  And there is an assignment from IT mortgage in the record
[01:49:26.420 --> 01:49:35.420]  where someone purports to act for IT mortgage and assign the mortgage to somebody else.
[01:49:35.420 --> 01:49:45.420]  But IT mortgage will testify that that is fraudulent because at the time they didn't have anything to do with this note.
[01:49:45.420 --> 01:49:46.420]  Right.
[01:49:46.420 --> 01:49:57.420]  Okay, but IT mortgage, they're the ones who issued the note and if this assignment is bogus,
[01:49:57.420 --> 01:50:01.420]  you've only got one place to go.
[01:50:01.420 --> 01:50:04.420]  That's back to IT mortgage.
[01:50:04.420 --> 01:50:07.420]  But they said they had no interest.
[01:50:07.420 --> 01:50:09.420]  I don't care what they said.
[01:50:09.420 --> 01:50:20.420]  Let's go back to the UCC, they can transfer their interest, but they can't transfer their duty and their responsibility.
[01:50:20.420 --> 01:50:30.420]  If they transferred their interest, then they didn't give notice in the record that they transferred their interest.
[01:50:30.420 --> 01:50:38.420]  So, so far as you're concerned, they're the only party of interest.
[01:50:38.420 --> 01:50:39.420]  Exactly.
[01:50:39.420 --> 01:50:50.420]  If you go in and snooker them into agreeing that this assignment is fraudulent, get the fraudulent,
[01:50:50.420 --> 01:50:59.420]  get the assignment rendered void, everything that follows from the assignment isn't necessarily void as well.
[01:50:59.420 --> 01:51:00.420]  Right.
[01:51:00.420 --> 01:51:04.420]  Not the only one left is IT mortgage.
[01:51:04.420 --> 01:51:05.420]  Yes.
[01:51:05.420 --> 01:51:11.420]  So now everybody else is an interloper.
[01:51:11.420 --> 01:51:22.420]  In Texas, there used to be the criminal act of conversion and that was specific to real property.
[01:51:22.420 --> 01:51:29.420]  But they moved that into theft now and turned conversion into a cause of action.
[01:51:29.420 --> 01:51:42.420]  Very specific cause of action for improperly converting real property from the proper holder to another party.
[01:51:42.420 --> 01:51:49.420]  You're bound to have something similar in Pennsylvania.
[01:51:49.420 --> 01:51:55.420]  If we do this right, it becomes res judicata.
[01:51:55.420 --> 01:52:05.420]  If you can get that title declared void, then everything else becomes res judicata.
[01:52:05.420 --> 01:52:14.420]  When you accuse these guys of trying to steal your property, that's established by law that they have no standing.
[01:52:14.420 --> 01:52:15.420]  Right.
[01:52:15.420 --> 01:52:27.420]  The thieves and the only one that has responsibility under the rescission is IT mortgage.
[01:52:27.420 --> 01:52:37.420]  So you get them to come in and open the door so you can come back and sue them for enforcement of the rescission.
[01:52:37.420 --> 01:52:43.420]  Well, the court in the federal court has said that Sandy May owns the loan.
[01:52:43.420 --> 01:52:46.420]  You don't care who owns it.
[01:52:46.420 --> 01:52:49.420]  Who cares?
[01:52:49.420 --> 01:52:51.420]  You don't know anything about that.
[01:52:51.420 --> 01:53:00.420]  You go look in the public record and the public record says IT mortgage holds it.
[01:53:00.420 --> 01:53:02.420]  Randy, it gets funnier from there.
[01:53:02.420 --> 01:53:14.420]  When the court said that Sandy May owns the loan and that City Mortgage transferred it to Sandy May in 2007,
[01:53:14.420 --> 01:53:20.420]  if they didn't record it in six months, they can never transfer it to somebody else.
[01:53:20.420 --> 01:53:26.420]  That's apparently what occurred.
[01:53:26.420 --> 01:53:27.420]  Exactly.
[01:53:27.420 --> 01:53:35.420]  Okay, you said if they don't record it within six months, they can never transfer it to anyone else.
[01:53:35.420 --> 01:53:36.420]  Okay.
[01:53:36.420 --> 01:53:38.420]  Too many pronouns.
[01:53:38.420 --> 01:53:42.420]  I've got two days and I think they refer to different entities.
[01:53:42.420 --> 01:53:54.420]  If IT mortgage doesn't file within six months, then Sandy May can never transfer it?
[01:53:54.420 --> 01:54:03.420]  When mortgage IT transferred it to City Mortgage and two days later City Mortgage transferred it to Sandy May,
[01:54:03.420 --> 01:54:07.420]  that was all within a timeframe allowable by law.
[01:54:07.420 --> 01:54:15.420]  But because Sandy May did not record anything within six months of that transfer,
[01:54:15.420 --> 01:54:20.420]  they're never allowed to transfer it to somebody else.
[01:54:20.420 --> 01:54:28.420]  Well, if the court said they're still holding it, then that may become a new point.
[01:54:28.420 --> 01:54:32.420]  But I'm going back to rule of law.
[01:54:32.420 --> 01:54:36.420]  You don't care who actually holds it.
[01:54:36.420 --> 01:54:41.420]  You care who holds it by the public record.
[01:54:41.420 --> 01:54:43.420]  Right.
[01:54:43.420 --> 01:54:52.420]  If Pennsylvania law is the same as Texas law, and I'm sure it is, 13.001 Texas Property Code,
[01:54:52.420 --> 01:54:59.420]  the claim against real property not properly acknowledged or proven filed in the public record is voidish to the holder.
[01:54:59.420 --> 01:55:04.420]  So if it's not properly filed, you don't care who got it.
[01:55:04.420 --> 01:55:06.420]  Well, here it's a little different.
[01:55:06.420 --> 01:55:10.420]  Here it says, well, if it's not filed, then you can't transfer it.
[01:55:10.420 --> 01:55:12.420]  It doesn't say it's voidish to the holder.
[01:55:12.420 --> 01:55:15.420]  It says it's voidish where there's any transfer.
[01:55:15.420 --> 01:55:26.420]  But if they have an improperly transferred document, then under UCC,
[01:55:26.420 --> 01:55:33.420]  they repudiated the contract and cannot enforce the deed of trust.
[01:55:33.420 --> 01:55:36.420]  They may be able to come back and make a claim on the note,
[01:55:36.420 --> 01:55:42.420]  but even so, you file a recension on the note.
[01:55:42.420 --> 01:55:43.420]  Right.
[01:55:43.420 --> 01:55:50.420]  So in looking at this, I'd like to do the stealth things first.
[01:55:50.420 --> 01:55:55.420]  If you go for recension, you're going for the whole enchilada.
[01:55:55.420 --> 01:55:59.420]  And they got serious reason to fight you like a tiger.
[01:55:59.420 --> 01:56:09.420]  But if you go to the assignment, that IT will stipulate that that's fraudulent
[01:56:09.420 --> 01:56:12.420]  because we didn't have anything to do with it.
[01:56:12.420 --> 01:56:19.420]  And once that thing's done, now you've really thrown a cog in their works.
[01:56:19.420 --> 01:56:30.420]  If IT mortgage did not transfer to anyone else, to Citi mortgage or whoever,
[01:56:30.420 --> 01:56:35.420]  then Citi mortgage can't transfer it to Fannie Mae.
[01:56:35.420 --> 01:56:41.420]  So Fannie Mae may claim to hold it, but they didn't receive it properly.
[01:56:41.420 --> 01:56:43.420]  So that you can attack later.
[01:56:43.420 --> 01:56:51.420]  But right now, you can go back to IT and show that IT breached the deed of trust,
[01:56:51.420 --> 01:56:56.420]  even if they get past recision.
[01:56:56.420 --> 01:56:57.420]  Okay.
[01:56:57.420 --> 01:57:07.420]  How did the federal court determine that Fannie Mae held the note?
[01:57:07.420 --> 01:57:10.420]  We had testimony of all three parties there.
[01:57:10.420 --> 01:57:13.420]  Three were involved in the thing.
[01:57:13.420 --> 01:57:21.420]  And mortgage IT had put into the record the MERS Milestone Report and Min Summary.
[01:57:21.420 --> 01:57:28.420]  And that tells all the transfers that MERS has on that note.
[01:57:28.420 --> 01:57:29.420]  Okay.
[01:57:29.420 --> 01:57:34.420]  Let's give you a direct line to Fannie Mae.
[01:57:34.420 --> 01:57:36.420]  Yes.
[01:57:36.420 --> 01:57:40.420]  Okay. That we can't get around.
[01:57:40.420 --> 01:57:42.420]  Because your law is somewhat different than ours.
[01:57:42.420 --> 01:57:47.420]  So I would still go for that quiet title first.
[01:57:47.420 --> 01:57:50.420]  And once you have that quiet title, then go for recision,
[01:57:50.420 --> 01:57:54.420]  and you do the recision back to Fannie Mae.
[01:57:54.420 --> 01:57:58.420]  Right.
[01:57:58.420 --> 01:58:00.420]  But either way, it's a stolen document.
[01:58:00.420 --> 01:58:02.420]  I want people to really understand that.
[01:58:02.420 --> 01:58:05.420]  That's property rights.
[01:58:05.420 --> 01:58:06.420]  That's real property.
[01:58:06.420 --> 01:58:08.420]  Once you rescind it, that's yours.
[01:58:08.420 --> 01:58:09.420]  Okay.
[01:58:09.420 --> 01:58:14.420]  And then we talk about personal property rights.
[01:58:14.420 --> 01:58:15.420]  This is not real property.
[01:58:15.420 --> 01:58:17.420]  This is personal property.
[01:58:17.420 --> 01:58:18.420]  Right.
[01:58:18.420 --> 01:58:21.420]  And they stole it.
[01:58:21.420 --> 01:58:23.420]  Yeah.
[01:58:23.420 --> 01:58:24.420]  That ought to be fun.
[01:58:24.420 --> 01:58:25.420]  Hang on.
[01:58:25.420 --> 01:58:26.420]  Randy, my radio.
[01:58:26.420 --> 01:58:30.420]  I call it number 512-646-1984.
[01:58:30.420 --> 01:58:31.420]  Chris, hang on.
[01:58:31.420 --> 01:58:33.420]  We'll be done with Ms. Leslie here shortly.
[01:58:33.420 --> 01:58:35.420]  We'll get to you.
[01:58:35.420 --> 01:58:38.420]  We've only got two on the board, so we have to move on the boards.
[01:58:38.420 --> 01:58:40.420]  If you have a question or comment, give us a call.
[01:58:40.420 --> 01:58:43.420]  We'll be taking your calls all night.
[01:58:43.420 --> 01:58:50.420]  We'll be right back.
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