ROL_2015-11-13_16k_Hr3-4.timecode

[00:00.000 --> 00:08.000]  The following use flash is brought to you by the Lone Star Lowdown, providing your daily
[00:08.000 --> 00:10.000]  bulletins for the commodities market.
[00:10.000 --> 00:23.000]  Today in history, news updates and the inside scoop into the tides of the alternative.
[00:23.000 --> 00:29.000]  Markets for the 11th of November, 2015 opened up with gold at $1,084.79 an ounce.
[00:29.000 --> 00:31.000]  Silver, $14.30 an ounce.
[00:31.000 --> 00:34.000]  Texas crude, $44.21 a barrel.
[00:34.000 --> 00:45.000]  And Bitcoin is currently sitting at about $310 U.S. currency.
[00:45.000 --> 00:50.000]  Today in history, Friday, November 11, Memorial Day, 1921, President Warren G. Harding officiated
[00:50.000 --> 00:55.000]  at the internment ceremonies at the Memorial Amphitheater at Arlington National Cemetery
[00:55.000 --> 00:59.000]  of one of the four caskets exhumed from American cemeteries in France.
[00:59.000 --> 01:07.000]  This was the commemoration of the unknown soldier, World War I.
[01:07.000 --> 01:13.000]  In recent use, the Chinese e-commerce company Alibaba broke records with $14.3 billion in sales
[01:13.000 --> 01:15.000]  on Singles Day, November 11.
[01:15.000 --> 01:20.000]  11-11 is Singles Day in China because 11-11 looked like bare branches,
[01:20.000 --> 01:22.000]  a term used for bachelors in Chinese.
[01:22.000 --> 01:27.000]  The Alibaba Group holding limited said mobile sales loan made up about 70% of it.
[01:27.000 --> 01:32.000]  While Alibaba Jack Ma has said that he'd like to export Singles Day to the United States,
[01:32.000 --> 01:36.000]  it's not likely, say experts, since it would turn a solemn day of remembrance
[01:36.000 --> 01:38.000]  into a day of frivolous spending.
[01:38.000 --> 01:40.000]  You know, like Thanksgiving and Christmas.
[01:40.000 --> 01:44.000]  Alibaba was able to make $14-plus billion in sales in a single day
[01:44.000 --> 01:53.000]  in a country that spends a third of what we do on military armament.
[01:53.000 --> 01:56.000]  The world's most popular social media site, Facebook,
[01:56.000 --> 02:01.000]  will now be charged 250,000 euros a day if it doesn't change the way it uses tracking cookies
[02:01.000 --> 02:06.000]  after a lawsuit was raised and won by a Belgian privacy watchdog group.
[02:06.000 --> 02:08.000]  Frederic de Bouchière, the lawyer behind the case,
[02:08.000 --> 02:11.000]  has stated that he is anticipating other cases to follow.
[02:11.000 --> 02:15.000]  The Belgian privacy watchdog successfully argued that Facebook was infringing
[02:15.000 --> 02:18.000]  on the privacy rights of the country's citizens by tracking them around the Internet
[02:18.000 --> 02:20.000]  even if they hadn't signed up to the site.
[02:20.000 --> 02:24.000]  Apparently, Facebook had been enabling cookies which would load onto a user's browser
[02:24.000 --> 02:27.000]  if they went onto a Facebook page even if they weren't logged in
[02:27.000 --> 02:31.000]  and then used them to track them when they came back to the site.
[02:31.000 --> 02:35.000]  Facebook's defense is that it was only collecting computers' IP addresses
[02:35.000 --> 02:37.000]  and other unique identifiers via these cookies.
[02:37.000 --> 02:42.000]  However, the court ruled that that information was personal data and should not be tracked.
[02:42.000 --> 02:47.000]  Facebook does plan to appeal the case stating that only EU courts and not Belgian courts
[02:47.000 --> 02:54.000]  have the authority to make such ruling.
[02:54.000 --> 03:17.000]  This was your Lowdown for November 11, 2015.
[03:17.000 --> 03:35.000]  Okay, we are back.
[03:35.000 --> 03:40.000]  Randy Kelton, Ula Radio, and we're talking to Leslie in Pennsylvania.
[03:40.000 --> 03:45.000]  Okay, Leslie, so where are we?
[03:45.000 --> 03:48.000]  I keep interrupting you.
[03:48.000 --> 03:55.000]  Okay, if you go down to line number 260 on paragraph 67,
[03:55.000 --> 04:01.000]  the conclusion is where I was going to with the, it's on page 10,
[04:01.000 --> 04:06.000]  with the arguments and what I demand of the court.
[04:06.000 --> 04:11.000]  And it goes to the same thing that those other people got in their decision they just got.
[04:11.000 --> 04:18.000]  Wait, I must be looking at the wrong document. I've only got 178.
[04:18.000 --> 04:22.000]  Am I looking at the subject matter jurisdiction?
[04:22.000 --> 04:24.000]  Yes.
[04:24.000 --> 04:29.000]  Okay, I've got paragraph 178, nine of nine.
[04:29.000 --> 04:33.000]  You're down to number 260 on page 10.
[04:33.000 --> 04:38.000]  Oh, I've got the wrong document and I've only got nine pages.
[04:38.000 --> 04:41.000]  Let's see, one of 10. Okay, here's the right one.
[04:41.000 --> 04:44.000]  No, that's Jasinowski.
[04:44.000 --> 04:47.000]  It says that, but that's not what it is.
[04:47.000 --> 04:49.000]  Oh, okay.
[04:49.000 --> 04:51.000]  Okay, that's just, okay, fighting name.
[04:51.000 --> 04:53.000]  Okay, let me go down to the bottom.
[04:53.000 --> 05:02.000]  Page 10, 242 is as high as I go.
[05:02.000 --> 05:04.000]  Oh.
[05:04.000 --> 05:06.000]  This is giving me, this is giving me a headache.
[05:06.000 --> 05:08.000]  I've got the wrong document.
[05:08.000 --> 05:10.000]  Let me see, this one is.
[05:10.000 --> 05:12.000]  The one I just sent you tonight.
[05:12.000 --> 05:21.000]  Defender 2nd PDF, 11 pages.
[05:21.000 --> 05:25.000]  And the paragraphs aren't numbered.
[05:25.000 --> 05:30.000]  No, no, no, what you do, just get to the thing that says.
[05:30.000 --> 05:31.000]  Okay, just go on.
[05:31.000 --> 05:34.000]  No, I'll follow along.
[05:34.000 --> 05:38.000]  Okay, so the plaintiff has no standing to invoke the jurisdiction of this court
[05:38.000 --> 05:43.000]  because of the forged and fraudulent assignment of mortgage, number one.
[05:43.000 --> 05:47.000]  Number two, the rescission and cancellation of the mortgage loan.
[05:47.000 --> 05:53.000]  Number three, failure of the plaintiff to arrange for a timely settlement of the account.
[05:53.000 --> 05:58.000]  Number four, the failure of plaintiff to timely file an objection to the rescission
[05:58.000 --> 06:05.000]  with an order voiding the rescission, a condition precedent to filing this action.
[06:05.000 --> 06:14.000]  That's important because they had 23 days to file for a order to void the rescission.
[06:14.000 --> 06:16.000]  And it is a condition precedent.
[06:16.000 --> 06:29.000]  Did I lose you?
[06:29.000 --> 06:35.000]  Leslie, I'm not hearing you.
[06:35.000 --> 06:45.000]  I'm not sure if it's you or me.
[06:45.000 --> 06:48.000]  Leslie, I think we've dropped you.
[06:48.000 --> 06:50.000]  I don't hear you.
[06:50.000 --> 06:52.000]  I hear you.
[06:52.000 --> 06:53.000]  Oh, there we go.
[06:53.000 --> 06:54.000]  You just came back.
[06:54.000 --> 06:55.000]  Okay.
[06:55.000 --> 06:56.000]  Go ahead.
[06:56.000 --> 06:57.000]  I'm sorry.
[06:57.000 --> 07:04.000]  The failure to file timely objection to the rescission, the reliance upon canceled and
[07:04.000 --> 07:09.000]  void documents, which are not the property of city mortgage, but the property, stolen
[07:09.000 --> 07:15.000]  property of respondents and the mortgage loan no longer exists.
[07:15.000 --> 07:21.000]  And then respondents demand this court dismiss the claim to the plaintiff with prejudice
[07:21.000 --> 07:24.000]  because the court has no jurisdiction.
[07:24.000 --> 07:26.000]  Wait, wait, wait, wait, wait.
[07:26.000 --> 07:34.000]  You can't ask the court to dismiss with prejudice and in the same time say they have no jurisdiction.
[07:34.000 --> 07:36.000]  Okay.
[07:36.000 --> 07:40.000]  Prejudice would be a substantive pleading and they can't do that.
[07:40.000 --> 07:42.000]  Oh, okay.
[07:42.000 --> 07:51.000]  But it'll be good enough because once it's dismissed based on these issues, in order
[07:51.000 --> 07:56.000]  to refile, they'd have to overcome these issues.
[07:56.000 --> 08:01.000]  In order the original note and mortgage be returned canceled to respondents, quiet the
[08:01.000 --> 08:06.000]  title to the subject property from this mortgage is requested in counterclaims.
[08:06.000 --> 08:14.000]  Award damages to respondents based on the damages and award trouble punitive damages
[08:14.000 --> 08:21.000]  to respondents for the claim of malicious civil procedure in the counterclaims of respondents
[08:21.000 --> 08:23.000]  and reasonable attorneys fees.
[08:23.000 --> 08:25.000]  How's that?
[08:25.000 --> 08:27.000]  That sounds great.
[08:27.000 --> 08:32.000]  Just that one little thing to take out.
[08:32.000 --> 08:36.000]  That ought to jerk a knot in there, which is.
[08:36.000 --> 08:37.000]  Yeah.
[08:37.000 --> 08:38.000]  Yeah.
[08:38.000 --> 08:40.000]  I think it will.
[08:40.000 --> 08:48.000]  This should be really hard for them to be hard to get around without just totally throwing
[08:48.000 --> 08:51.000]  out law.
[08:51.000 --> 08:52.000]  Yeah.
[08:52.000 --> 08:59.000]  In the other documents that I gave you, it also comes up as Jesenelski and it's got like
[08:59.000 --> 09:02.000]  a thousand lines in it.
[09:02.000 --> 09:09.000]  But the last paragraph is, respondents request this court consider the response counterclaims
[09:09.000 --> 09:13.000]  affirmative defenses while asking the following question.
[09:13.000 --> 09:19.000]  Under what operation and law and circumstance did the mortgage and note become resurrected,
[09:19.000 --> 09:23.000]  re-energized or uncancelled?
[09:23.000 --> 09:25.000]  How's that for a question for the court?
[09:25.000 --> 09:29.000]  That's a good question.
[09:29.000 --> 09:33.000]  The whole issue here is the mortgage doesn't exist.
[09:33.000 --> 09:40.000]  How can they purport to enforce a non-existent mortgage?
[09:40.000 --> 09:45.000]  Plaintiff has not referred to a single instance of a necessary claim finally filed to void
[09:45.000 --> 09:46.000]  the decision.
[09:46.000 --> 09:51.000]  Plaintiff has no standing to invoke the jurisdiction of the court because of the rescission and
[09:51.000 --> 09:52.000]  cancellation of this loan.
[09:52.000 --> 09:57.000]  The failure of plaintiff to timely file objection to the rescission with an order voiding the
[09:57.000 --> 10:02.000]  rescission, a conditioned precedent to the filing of this action and a fraudulent assignment
[10:02.000 --> 10:08.000]  of mortgage with subsequent reliance upon canceled mortgage documents, the stolen property
[10:08.000 --> 10:09.000]  of respondent's woman.
[10:09.000 --> 10:14.000]  Respondents demand this court order the production of the original note and mortgage be returned
[10:14.000 --> 10:19.000]  canceled with trouble damages and quiet title and dismissed the claim with precedent.
[10:19.000 --> 10:24.000]  I also put in this court is unnoticed.
[10:24.000 --> 10:27.000]  Did you sue the lawyers?
[10:27.000 --> 10:28.000]  Not yet.
[10:28.000 --> 10:31.000]  Oh yeah, in the RICO.
[10:31.000 --> 10:39.000]  Okay, well what I'm saying here is when you look at these documents, what do you really
[10:39.000 --> 10:42.000]  know?
[10:42.000 --> 10:52.000]  You're assuming that the company named in the document actually hired this agent and
[10:52.000 --> 10:54.000]  authorized him to perform this action.
[10:54.000 --> 10:58.000]  But do you know that?
[10:58.000 --> 11:00.000]  I wondered about that.
[11:00.000 --> 11:01.000]  I know that.
[11:01.000 --> 11:07.000]  All you know is this lawyer signed this document.
[11:07.000 --> 11:08.000]  Right.
[11:08.000 --> 11:12.000]  You might consider just suing the lawyer.
[11:12.000 --> 11:13.000]  Yeah.
[11:13.000 --> 11:18.000]  This court is on notice of the non-compliance of law by plaintiffs and the violation of
[11:18.000 --> 11:24.000]  criminal law on the theft of the note and mortgage under 18 PACS3921A, an attempted
[11:24.000 --> 11:31.000]  theft of the property of the armaments through fraudulent foreclosure under 18 PACS3921B.
[11:31.000 --> 11:35.000]  To ignore these transgressions can only jeopardize the integrity of the court by making it appear
[11:35.000 --> 11:38.000]  complicit with the fraud perpetrated here.
[11:38.000 --> 11:45.000]  You might consider moving the court to act in accordance with its duty as a magistrate
[11:45.000 --> 11:54.000]  since in the process of the prosecution of this civil action, evidence of criminal actions
[11:54.000 --> 11:58.000]  by the plaintiffs have become evident.
[11:58.000 --> 12:07.000]  It becomes the duty of the judge to hold an examining trial based on the crimes that are
[12:07.000 --> 12:16.000]  evident to the court and include criminal accusations in the record and ask this judge
[12:16.000 --> 12:19.000]  to hold an examining trial on them.
[12:19.000 --> 12:21.000]  Like a separate motion to them.
[12:21.000 --> 12:23.000]  Oh, okay.
[12:23.000 --> 12:34.000]  Or in the alternative, forward the complaints to another magistrate to hold an examining
[12:34.000 --> 12:35.000]  trial.
[12:35.000 --> 12:43.000]  This would be a good judge to do it because he's in the court and he personally saw or
[12:43.000 --> 12:45.000]  heard the offenses committed.
[12:45.000 --> 12:46.000]  Yeah.
[12:46.000 --> 12:50.000]  He has the power to order their arrest.
[12:50.000 --> 12:54.000]  And you might ask him to.
[12:54.000 --> 12:57.000]  I'm holding him accountable.
[12:57.000 --> 12:58.000]  Exactly.
[12:58.000 --> 12:59.000]  You know?
[12:59.000 --> 13:04.000]  This court is on notice of all this is bad is going on.
[13:04.000 --> 13:05.000]  They stole it.
[13:05.000 --> 13:08.000]  They're trying to steal my house too.
[13:08.000 --> 13:15.000]  Yours is an example of what happens when you just keep, you just stay in there and don't
[13:15.000 --> 13:17.000]  walk away from them.
[13:17.000 --> 13:23.000]  And every time they do this stuff, if you're paying attention, just about everything they
[13:23.000 --> 13:26.000]  do makes it worse for them.
[13:26.000 --> 13:28.000]  Yes.
[13:28.000 --> 13:32.000]  Everything comes back to haunt them if you hang on long enough.
[13:32.000 --> 13:38.000]  So it sounds like you may be at the point of winning this one.
[13:38.000 --> 13:40.000]  I'm hoping so.
[13:40.000 --> 13:45.000]  I was thinking, how am I going to get this, you know, they're trying to get my defenses
[13:45.000 --> 13:46.000]  thrown out.
[13:46.000 --> 13:48.000]  I mean, how ridiculous is that?
[13:48.000 --> 13:52.000]  Wait, they're trying to get you what?
[13:52.000 --> 13:59.000]  When they sent me to complaint and I put in my defenses and my affirmative defenses and
[13:59.000 --> 14:03.000]  my counterclaims, they're trying to get them all thrown out.
[14:03.000 --> 14:05.000]  Oh, of course.
[14:05.000 --> 14:10.000]  They need them all thrown out or they're going to lose.
[14:10.000 --> 14:11.000]  Yeah.
[14:11.000 --> 14:15.000]  And they think they've got the judge bought and paid for.
[14:15.000 --> 14:17.000]  Well, I got news for them.
[14:17.000 --> 14:23.000]  He's going to have a heart attack when he reads these two pleadings that he got today
[14:23.000 --> 14:25.000]  this week.
[14:25.000 --> 14:33.000]  Well, one of the things in Pennsylvania, you have standing as concerns to criminal complaints.
[14:33.000 --> 14:39.000]  So if you file those complaints with this judge in his capacity as a magistrate, it's been
[14:39.000 --> 14:48.000]  a long time since I went through the Pennsylvania criminal procedure code.
[14:48.000 --> 14:55.000]  But I believe the magistrate is required to forward the complaints to the prosecutor and
[14:55.000 --> 15:00.000]  the prosecutor has first blush.
[15:00.000 --> 15:05.000]  If the prosecutor doesn't prosecute it, then they come back to the magistrate and you ask
[15:05.000 --> 15:09.000]  the magistrate to hold an examining trial.
[15:09.000 --> 15:10.000]  Right.
[15:10.000 --> 15:19.000]  So this judge, by including criminal complaints in your documentation, becomes the magistrate
[15:19.000 --> 15:26.000]  and if he doesn't act on them the way he's required to, now you have standing to appeal
[15:26.000 --> 15:34.000]  that failure to act to the court of appeals and then to the Supreme.
[15:34.000 --> 15:38.000]  He is not going to be happy with that one.
[15:38.000 --> 15:50.000]  Well, I figured with this last response to the preliminary objections of plaintiff to
[15:50.000 --> 15:59.000]  my responses to his complaint that with that, I put him on notice and I figured, well, if
[15:59.000 --> 16:04.000]  he doesn't do anything with this and with this motion to strike, I'm going to file a
[16:04.000 --> 16:09.000]  judicial convoy complaint because it is so blatant.
[16:09.000 --> 16:18.000]  He's denying you your right to a fair and honest jurist in the first instance.
[16:18.000 --> 16:20.000]  Exactly.
[16:20.000 --> 16:27.000]  I mean, here you have a, it's a blatant forgery, blatant on its face.
[16:27.000 --> 16:31.000]  And I have the MERS men's summary in front of the judge.
[16:31.000 --> 16:34.000]  He's got it.
[16:34.000 --> 16:37.000]  Attached to the complaint to the responses.
[16:37.000 --> 16:41.000]  So I don't know what his problem would be if he denied me anything.
[16:41.000 --> 16:42.000]  Okay.
[16:42.000 --> 16:44.000]  It sounds like you're in a good position.
[16:44.000 --> 16:45.000]  Okay.
[16:45.000 --> 16:46.000]  Hang on.
[16:46.000 --> 16:48.000]  We're about done here with Leslie, Chris.
[16:48.000 --> 16:49.000]  Don't go away.
[16:49.000 --> 16:50.000]  We'll pick you up.
[16:50.000 --> 16:52.000]  We'll get to you in the next segment.
[16:52.000 --> 16:54.000]  Randy Kelton, Rue La Radio.
[16:54.000 --> 16:58.000]  I call it number 512-646-1984.
[16:58.000 --> 16:59.000]  We'll be right back.
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[20:12.000 --> 20:17.000]  Okay.
[20:17.000 --> 20:18.000]  We are back.
[20:18.000 --> 20:22.000]  Randy Kelton with Logos Radio and we're talking to Leslie in Pennsylvania.
[20:22.000 --> 20:26.000]  Okay, Leslie, it sounds like you're in a good position.
[20:26.000 --> 20:32.000]  You may have actually hung on long enough that you've got them boxed in a corner.
[20:32.000 --> 20:33.000]  Yeah.
[20:33.000 --> 20:37.000]  Let's see how that works.
[20:37.000 --> 20:42.000]  Yeah, and then like I said, we do have options, you know?
[20:42.000 --> 20:50.000]  I mean, I intend to appeal anything that comes out adverse to me.
[20:50.000 --> 20:56.000]  Number one, because I've learned in this court, you have to.
[20:56.000 --> 21:00.000]  Like you said, you're always setting it up for appeal.
[21:00.000 --> 21:08.000]  Yeah, all you're doing is setting the record for appeal and you have very effectively set the record.
[21:08.000 --> 21:17.000]  So, and besides that, like I said, if he rules against me, he's going to get it with a judicial conduct complaint.
[21:17.000 --> 21:18.000]  Good.
[21:18.000 --> 21:19.000]  That's what they need.
[21:19.000 --> 21:24.000]  A nice mark on their chart.
[21:24.000 --> 21:27.000]  Except this one won't be a gold star.
[21:27.000 --> 21:30.000]  Okay. Do you have anything else for us?
[21:30.000 --> 21:32.000]  Not tonight.
[21:32.000 --> 21:40.000]  I just thought that that case that I showed you was so close to mine and others that I have seen.
[21:40.000 --> 21:45.000]  I knew about three other people that can use this take and they're in Texas.
[21:45.000 --> 21:46.000]  Oh, good.
[21:46.000 --> 21:48.000]  I need to see those.
[21:48.000 --> 21:51.000]  I need help in Texas.
[21:51.000 --> 21:52.000]  Yeah.
[21:52.000 --> 21:53.000]  Okay.
[21:53.000 --> 21:56.000]  Thank you very much, Ms. Leslie.
[21:56.000 --> 21:57.000]  Okay.
[21:57.000 --> 22:01.000]  Now we're finally going to go to Chris from Florida.
[22:01.000 --> 22:04.000]  Hello, Chris.
[22:04.000 --> 22:05.000]  Hey, Randy.
[22:05.000 --> 22:06.000]  Good evening.
[22:06.000 --> 22:08.000]  Hope you can hear me fine tonight.
[22:08.000 --> 22:11.000]  Sorry to hold you up so long.
[22:11.000 --> 22:12.000]  No.
[22:12.000 --> 22:13.000]  Okay.
[22:13.000 --> 22:15.000]  What do you have for us tonight?
[22:15.000 --> 22:18.000]  You guys' conversation boosted my mind.
[22:18.000 --> 22:22.000]  So instead of going to the person that I had.
[22:22.000 --> 22:23.000]  Wait a minute.
[22:23.000 --> 22:26.000]  Hold on. We're having trouble with your sound.
[22:26.000 --> 22:30.000]  Can you move the mic a little away from your mouth?
[22:30.000 --> 22:31.000]  Okay.
[22:31.000 --> 22:32.000]  Is it better now?
[22:32.000 --> 22:34.000]  That's much better.
[22:34.000 --> 22:36.000]  Wonderful.
[22:36.000 --> 22:41.000]  So the conversation you guys had, Randy, was really helpful to us.
[22:41.000 --> 22:45.000]  I guess Ms. Leslie's case is not that different from mine.
[22:45.000 --> 22:53.000]  And here I am in front of my first ever federal lawsuit to be filed.
[22:53.000 --> 22:59.000]  But before I get to that, like I said, you guys boosted my mind to think outside of the box.
[22:59.000 --> 23:02.000]  And I had a few quick questions.
[23:02.000 --> 23:09.000]  The first one would be my note was also assigned to mortgage IT.
[23:09.000 --> 23:14.000]  But it was assigned to mortgage IT right at the signature line.
[23:14.000 --> 23:24.000]  So in other words, as if mortgage IT had been the original money lender to the note.
[23:24.000 --> 23:31.000]  My question is, if that's the case for the city record,
[23:31.000 --> 23:52.000]  who should be the party to have standing in assigning the mortgage to new entities or to the next person in the line?
[23:52.000 --> 24:03.000]  Okay. That's a little bit of a hard question to answer because it depends on what your state law says.
[24:03.000 --> 24:16.000]  It may be depending on what the state law says as concerns the perfection of a claim against real property.
[24:16.000 --> 24:21.000]  Texas law says that a claim against real property not properly acknowledged or proven
[24:21.000 --> 24:26.000]  and filed in the record is voidage to the holder.
[24:26.000 --> 24:29.000]  Do you have something similar in Texas?
[24:29.000 --> 24:32.000]  I mean, Texas and Florida?
[24:32.000 --> 24:34.000]  I think you do.
[24:34.000 --> 24:39.000]  I think I've had somebody look it up before.
[24:39.000 --> 24:40.000]  Okay.
[24:40.000 --> 24:48.000]  So if, so who is the holder?
[24:48.000 --> 24:55.000]  Well, who, I mean, who would have the authority to enforce the mortgage?
[24:55.000 --> 25:07.000]  Well, if there is a complete chain of title reflected in the county recorder's office,
[25:07.000 --> 25:16.000]  then whoever currently holds the beneficial interest would have authority to enforce the mortgage.
[25:16.000 --> 25:29.000]  Mr. Longwin says the security instrument moves with the note or essentially the beneficial interest.
[25:29.000 --> 25:35.000]  Whoever has a right to be paid, they're the ones that have the right to enforce the security instrument.
[25:35.000 --> 25:45.000]  Well, they only have that right if they have followed all of the law and perfected their claim in the public record.
[25:45.000 --> 25:51.000]  Now, let me back up and specify that a little more clearly.
[25:51.000 --> 25:52.000]  Yes.
[25:52.000 --> 25:58.000]  They have a right to enforce the obligation to pay,
[25:58.000 --> 26:08.000]  but they don't necessarily have a right to enforce the privilege granted in the mortgage.
[26:08.000 --> 26:15.000]  In Florida, it's a judicial state, so you're granted the privilege of a claim against the property,
[26:15.000 --> 26:20.000]  so they can do an in-rem suit against the property in the court.
[26:20.000 --> 26:25.000]  Otherwise, they would have to sue you, get a claim against you,
[26:25.000 --> 26:36.000]  and then petition the court for a judgment against your property so that they could then act on the property to recover their bosses.
[26:36.000 --> 26:43.000]  Okay. If they breach any tenant of the contract, of the mortgage contract,
[26:43.000 --> 26:51.000]  then they can't claim the benefits of the claim against the property.
[26:51.000 --> 27:06.000]  So, go back and look who was the original lender. Did the original lender file an assignment in the record to a third party?
[27:06.000 --> 27:09.000]  They did not, and that's what it is.
[27:09.000 --> 27:22.000]  Did MERS claim to file an assignment for the original lender as a nominee for the original lender to a third party?
[27:22.000 --> 27:31.000]  Yes, they did, but they did not receive the assignment from mortgage IT.
[27:31.000 --> 27:36.000]  They received it from Company A, which was the...
[27:36.000 --> 27:52.000]  Okay, I was going to get to that. Okay, so MERS purported to act for the original lender or its successors and assigns.
[27:52.000 --> 27:59.000]  Is that what it says? See, some of them say that MERS acts as a mortgagee.
[27:59.000 --> 28:12.000]  Some of them say, doesn't say, it says MERS acted as a nominee for the lender and lenders successors and assigns, but it doesn't name the lender.
[28:12.000 --> 28:16.000]  And they generally do that when the lender is out of business.
[28:16.000 --> 28:23.000]  And then some of them say they act as nominee for the named lender.
[28:23.000 --> 28:37.000]  So in this case, which was the option that was here? Did MERS claim to act for the named original lender?
[28:37.000 --> 28:53.000]  I'll tell you right now. MERS assignee, hearing assignee is successor and or assigns all its rights.
[28:53.000 --> 29:05.000]  So it's acting as an assignee for...
[29:05.000 --> 29:11.000]  So I'm just looking to see if it names the original lender.
[29:11.000 --> 29:19.000]  Yes, as a nominee. Here we go. MERS as a nominee for the Company A, which is the original lender.
[29:19.000 --> 29:27.000]  Okay, question. Was the original lender still in business at this time?
[29:27.000 --> 29:29.000]  At this time, yes, they were.
[29:29.000 --> 29:42.000]  Okay. Do you have evidence that the mortgage was transferred to someone else before that was with it?
[29:42.000 --> 29:49.000]  The original lender transferred it to someone else that wasn't filed in the record.
[29:49.000 --> 29:51.000]  Hang on. About to go to break.
[29:51.000 --> 30:03.000]  We'll be right back.
[30:03.000 --> 30:09.000]  Microchip scanners and cookies. Oh, my. Don't look now, but here comes the e-receipt.
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[33:25.000 --> 33:35.000]  Okay, we are back, Randy Kelton, Rule of Law Radio, and we're talking to Chris in Florida.
[33:35.000 --> 33:44.000]  And Chris, I know I sound like I'm being pedantic, but in order to develop our issues,
[33:44.000 --> 33:53.000]  and really what I'm trying to do is demonstrate to everybody else listening how we take apart an issue carefully
[33:53.000 --> 33:58.000]  so we make sure we come to the right conclusions and make the right arguments.
[33:58.000 --> 34:06.000]  Now, I took it from something you said earlier that you have reason to believe
[34:06.000 --> 34:21.000]  that this instrument was transferred to some other entities before there was a transfer filed in the record.
[34:21.000 --> 34:28.000]  What I'm getting at is I got it that you have reason to believe that when MERS claimed to act
[34:28.000 --> 34:39.000]  for the original lender or his successors and assigns, he was in fact acting for a successor or assign.
[34:39.000 --> 34:44.000]  Yes, I see where you're coming from, Randy, but there's another assignment before that
[34:44.000 --> 34:54.000]  where MERS gets assigned from Company A, and mortgage IT is nowhere in that line of assignments.
[34:54.000 --> 34:56.000]  Okay, hold on, I'm missing something.
[34:56.000 --> 34:57.000]  I was wondering.
[34:57.000 --> 35:00.000]  Okay, who was the original lender?
[35:00.000 --> 35:09.000]  The original lender was All Star, which I was calling Company A, and on the last line of the note,
[35:09.000 --> 35:17.000]  it says pay to the order of mortgage IT.
[35:17.000 --> 35:24.000]  Wait a minute, is that the note you received at closing?
[35:24.000 --> 35:26.000]  That is correct.
[35:26.000 --> 35:28.000]  That's the original note.
[35:28.000 --> 35:33.000]  Okay, so it transferred immediately to mortgage IT.
[35:33.000 --> 35:35.000]  That is correct.
[35:35.000 --> 35:41.000]  And from that point on, mortgage IT disappeared from the CD record.
[35:41.000 --> 35:50.000]  Only All Star shows on the CD record as assigning the mortgage to MERS.
[35:50.000 --> 35:58.000]  So if you have a note that was already endorsed to someone else,
[35:58.000 --> 36:05.000]  then MERS can't act for mortgage IT.
[36:05.000 --> 36:10.000]  Mortgage IT can't do anything.
[36:10.000 --> 36:12.000]  I'm sorry, not mortgage IT.
[36:12.000 --> 36:21.000]  Cold Star can't do anything because here's what happens here.
[36:21.000 --> 36:24.000]  Maybe they can.
[36:24.000 --> 36:36.000]  Cold Star, when you entered into the contractual agreement, did you say Cold Star?
[36:36.000 --> 36:37.000]  You really don't, ma'am.
[36:37.000 --> 36:38.000]  Let's say Lone Star.
[36:38.000 --> 36:39.000]  Lone Star is fine.
[36:39.000 --> 36:41.000]  Lone Star, okay.
[36:41.000 --> 36:50.000]  Whoever it is, they own the entire mortgage, and they also own the servicing rights.
[36:50.000 --> 36:57.000]  And what these companies are doing is they're transferring the beneficial interest to someone else.
[36:57.000 --> 37:04.000]  So they're no longer the holder, but they keep the servicing rights.
[37:04.000 --> 37:11.000]  So they keep servicing the note, and it looks like they're still the holder.
[37:11.000 --> 37:15.000]  They were the original holder, and it looks like they're still the holder, but they're not.
[37:15.000 --> 37:17.000]  They're a servicer.
[37:17.000 --> 37:31.000]  So as soon as that note was endorsed to mortgage IT, then Cold Star or Lone Star, whatever, became the servicer.
[37:31.000 --> 37:34.000]  But you didn't get notice of that.
[37:34.000 --> 37:36.000]  No, I did not.
[37:36.000 --> 37:44.000]  You should have gotten notice that Lone Star was the servicer and not the holder.
[37:44.000 --> 37:50.000]  The holder should have given you notice of the changing beneficial interest.
[37:50.000 --> 37:52.000]  That's a breach of the contract.
[37:52.000 --> 37:58.000]  I have objected to that already, but it doesn't go too far in Florida.
[37:58.000 --> 38:05.000]  But then, Randy, wouldn't the second company in the line, which is mortgage IT,
[38:05.000 --> 38:16.000]  wouldn't that company get any interest on this note automatically in order for mortgage IT to be the one to assign to Merge or not?
[38:16.000 --> 38:21.000]  Would Lone Star be the company to assign?
[38:21.000 --> 38:32.000]  The question here is when an assignment was done, what did mortgage IT have to assign?
[38:32.000 --> 38:37.000]  What they do with the servicing rights is they sell them.
[38:37.000 --> 38:44.000]  So that's why when you see an assignment, it says for $10 and other valuable considerations,
[38:44.000 --> 38:51.000]  because they actually sell the servicing rights between parties.
[38:51.000 --> 39:03.000]  So if mortgage IT has subsequently negotiated this note into a trust, which is most likely what's happened here,
[39:03.000 --> 39:06.000]  then mortgage IT did not hold it either.
[39:06.000 --> 39:11.000]  Have you done any kind of securities analysis to see who actually held the note?
[39:11.000 --> 39:14.000]  What happened to it?
[39:14.000 --> 39:22.000]  Yeah, it was actually done there in Texas from the guys in Texas.
[39:22.000 --> 39:32.000]  All that happened, but it's really hard to put that into court here, so I have that standing on the side right now.
[39:32.000 --> 39:37.000]  Okay, what all I'm interested in is the chain of title.
[39:37.000 --> 39:42.000]  Who got the note next?
[39:42.000 --> 39:44.000]  Who got the note next?
[39:44.000 --> 39:56.000]  Mortgage IT, they had a stamp assigned to another bonus company that has just a name out there and doesn't really show up anywhere else.
[39:56.000 --> 40:11.000]  And then from that point on, there's that company stamping, of course, no dates and no special notary to it, just a stamp and then blank.
[40:11.000 --> 40:12.000]  But that's it.
[40:12.000 --> 40:24.000]  As far as registering the CD records, there is only Lone Star, MERS, MERS, and the bank, current bank.
[40:24.000 --> 40:26.000]  Okay, the bank.
[40:26.000 --> 40:28.000]  The bank, yes.
[40:28.000 --> 40:30.000]  It's actually Los Fargo.
[40:30.000 --> 40:31.000]  Okay.
[40:31.000 --> 40:45.000]  And I was wondering if MERS did get it correctly from Mortgage IT, but I understand that Mortgage IT basically bought the servicing rights and not the actual...
[40:45.000 --> 40:46.000]  No.
[40:46.000 --> 40:51.000]  Well, Mortgage IT was, the note was endorsed to Mortgage IT.
[40:51.000 --> 40:53.000]  Correct.
[40:53.000 --> 41:03.000]  But when Mortgage IT endorsed it to somebody else, if Mortgage IT didn't become the servicer, then they had no more interest.
[41:03.000 --> 41:05.000]  That is correct.
[41:05.000 --> 41:11.000]  So what is the...
[41:11.000 --> 41:12.000]  Why did you call?
[41:12.000 --> 41:13.000]  What is your question?
[41:13.000 --> 41:17.000]  I'm not sure where we're going here.
[41:17.000 --> 41:18.000]  Sure.
[41:18.000 --> 41:34.000]  My question was on that first assignment from Lone Star to MERS, if it was correct that Lone Star assigned that to MERS, or it should have happened from Mortgage IT instead.
[41:34.000 --> 41:35.000]  Yeah.
[41:35.000 --> 41:43.000]  Lone Star, MERS can't take an assignment because the assignment would have made more of MERS a servicer.
[41:43.000 --> 41:49.000]  So you're saying there's an assignment from Lone Star to MERS or to Mortgage IT?
[41:49.000 --> 41:51.000]  For three months.
[41:51.000 --> 42:04.000]  For three months, MERS was the deported owner via note and mortgage.
[42:04.000 --> 42:10.000]  And then after that, the bank was the one who took over, who received an assignment from MERS.
[42:10.000 --> 42:22.000]  Okay, I'm thinking in terms of me being a judge sitting on the bench, and I'm going to say, so what?
[42:22.000 --> 42:24.000]  Correct.
[42:24.000 --> 42:32.000]  What does that indicate?
[42:32.000 --> 42:40.000]  Well, I have many ideas around this, Randy, and they're not as strong as four of those.
[42:40.000 --> 42:51.000]  So my question was basically based on the idea of Mortgage IT if they had received the right to be assigned that to someone else or not.
[42:51.000 --> 42:53.000]  But I guess you already answered that.
[42:53.000 --> 42:58.000]  Let me go to my actual question.
[42:58.000 --> 43:03.000]  From the beginning, like I explained, I'm actually starting my first federal lawsuit here.
[43:03.000 --> 43:07.000]  And I have the template here ready to go.
[43:07.000 --> 43:27.000]  And my question related to this federal lawsuit would be in order for me to bring my local case to the federal level with this suit,
[43:27.000 --> 43:32.000]  do I have to mention my case, my local case on the federal lawsuit?
[43:32.000 --> 43:36.000]  Because I have the regular strategy.
[43:36.000 --> 43:37.000]  Okay, hang on.
[43:37.000 --> 43:39.000]  We'll pick that up on the other side.
[43:39.000 --> 43:45.000]  It will depend on what was adjudicated in the local case.
[43:45.000 --> 43:47.000]  We'll address that on the other side.
[43:47.000 --> 43:49.000]  This is Randy Kelton, Wooderville Radio.
[43:49.000 --> 43:53.000]  Our caller number is 512-646-1984.
[43:53.000 --> 44:02.000]  Give us a call, we'll be right back.
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[46:15.000 --> 46:32.000]  Okay, we are back.
[46:32.000 --> 46:39.000]  Randy Kelton, Rule of Law Radio and we're talking to Chris in Florida.
[46:39.000 --> 46:42.000]  Okay, where were we Chris?
[46:42.000 --> 46:48.000]  Yes, so my case has not had any summary judgment yet.
[46:48.000 --> 46:55.000]  We were still on the way to that so there's not much in my case at all.
[46:55.000 --> 47:00.000]  Okay, so you don't really have any res judicata?
[47:00.000 --> 47:03.000]  To the best of my understanding, no.
[47:03.000 --> 47:13.000]  Okay, then you can take most any claim you want to the Fed.
[47:13.000 --> 47:21.000]  What is the claim that you intend to use to invoke the federal jurisdiction?
[47:21.000 --> 47:24.000]  I have that standard suit ready.
[47:24.000 --> 47:30.000]  The one that the main goal is to bring the opposing counsel to the table
[47:30.000 --> 47:36.000]  so they can sit down for the negotiation, the regular plaintiff request,
[47:36.000 --> 47:40.000]  the part that I'm presenting.
[47:40.000 --> 47:47.000]  Okay, what do you have in terms of leverage to give opposing counsel
[47:47.000 --> 47:57.000]  or to give the plaintiff cause to come to the table and make a deal?
[47:57.000 --> 48:02.000]  I have a lot of good leverage.
[48:02.000 --> 48:03.000]  Okay, hold on.
[48:03.000 --> 48:08.000]  Have you filed a qualified written request?
[48:08.000 --> 48:11.000]  Yes, I have that for a long time back.
[48:11.000 --> 48:17.000]  Okay, what was the nature of the accounting error that you claimed
[48:17.000 --> 48:26.000]  when you filed the qualified written request?
[48:26.000 --> 48:32.000]  As far as I understand, Randy, back then, it's been a while that I filed the written request.
[48:32.000 --> 48:44.000]  And as far as the accounting part, I believe you're going into the HUD settlement.
[48:44.000 --> 48:45.000]  Yes, okay.
[48:45.000 --> 48:53.000]  The reason I always ask that question is a qualified written request
[48:53.000 --> 49:01.000]  is a claim of an accounting error and a request that the lender correct the error.
[49:01.000 --> 49:05.000]  If you did not make a claim of an accounting error,
[49:05.000 --> 49:10.000]  then the document was not a qualified written request.
[49:10.000 --> 49:11.000]  Yes, right.
[49:11.000 --> 49:13.000]  I did that validation, actually.
[49:13.000 --> 49:15.000]  I remember correctly.
[49:15.000 --> 49:18.000]  Okay, so this is a debt validation.
[49:18.000 --> 49:28.000]  Did the lender or the current holder send you sufficient documentation
[49:28.000 --> 49:35.000]  so that you could accurately calculate the amount of principal you still owed
[49:35.000 --> 49:41.000]  and the amount that has been paid to escrow?
[49:41.000 --> 49:48.000]  Oh, no, by no means. And I've tried to bring attorneys to entertain those points,
[49:48.000 --> 49:52.000]  and it's a hassle. It just doesn't exist.
[49:52.000 --> 49:55.000]  Nobody wants to even touch it.
[49:55.000 --> 49:59.000]  And that's why I'm taking action now on a different level.
[49:59.000 --> 50:12.000]  And my trigger at this point in time is I have received a family assistance
[50:12.000 --> 50:18.000]  to be able to offer a bona fide refinancing on the form.
[50:18.000 --> 50:21.000]  Okay, well, you might try something else.
[50:21.000 --> 50:29.000]  This is something that Pastor Massad does, and it goes to an administrative remedy.
[50:29.000 --> 50:32.000]  He makes up a $1,010 check.
[50:32.000 --> 50:35.000]  I forgot to ask him, why $10?
[50:35.000 --> 50:42.000]  And he writes it out to the current lender
[50:42.000 --> 50:49.000]  and sends that as an offer to cure any claim that's against him
[50:49.000 --> 50:56.000]  on the condition that the true and bona fide holder stand for it.
[50:56.000 --> 50:58.000]  And this goes to UCC.
[50:58.000 --> 51:09.000]  When an offer to pay is made, if the officer is rejected under UCC, the bill is paid.
[51:09.000 --> 51:12.000]  So that's the claim he's going to make.
[51:12.000 --> 51:19.000]  So he sends this, you know, we've been filing these suits in the Fed asking them
[51:19.000 --> 51:23.000]  to prove agency standing and capacity.
[51:23.000 --> 51:26.000]  And the courts just blow it off.
[51:26.000 --> 51:29.000]  So this is kind of taking them down a different approach.
[51:29.000 --> 51:33.000]  It's taking them to the Uniform Commercial Code.
[51:33.000 --> 51:39.000]  Well, you make a bona fide offer to pay, and that's why you can include the $1,000 check.
[51:39.000 --> 51:45.000]  This is earnest money, just like if you entered into a contract to purchase a house,
[51:45.000 --> 51:47.000]  you put up earnest money.
[51:47.000 --> 51:54.000]  So you're making a bona fide offer, and you put up earnest money to show your intent
[51:54.000 --> 52:03.000]  on the condition that they prove up who the actual holder is.
[52:03.000 --> 52:07.000]  He's never had one proven up or even attempt to prove it up.
[52:07.000 --> 52:12.000]  He's rejected his offer, and then he can go back and sue under UCC
[52:12.000 --> 52:15.000]  and claim that the offer was made and the offer was rejected,
[52:15.000 --> 52:18.000]  so therefore the bill is paid.
[52:18.000 --> 52:25.000]  What I'm looking at here is how do you develop a number of claims that will give them
[52:25.000 --> 52:29.000]  reason to want you to go away and leave them alone?
[52:29.000 --> 52:39.000]  Have you sent a letter to every signatory on every document that has been filed in the record
[52:39.000 --> 52:45.000]  requesting evidence of power of attorney?
[52:45.000 --> 52:50.000]  Not the power of attorney, but I've requested basically what you just mentioned there
[52:50.000 --> 52:54.000]  based on Florida rules of evidence and the federal rules of evidence,
[52:54.000 --> 53:01.000]  where they, you know, I asked them to prove their standing for collect.
[53:01.000 --> 53:05.000]  No, no, that's not where I'm going.
[53:05.000 --> 53:09.000]  Okay, when a document is filed in the record, for instance,
[53:09.000 --> 53:13.000]  you have an assignment of the security instrument.
[53:13.000 --> 53:14.000]  Correct.
[53:14.000 --> 53:21.000]  What do you actually know about that document?
[53:21.000 --> 53:24.000]  I don't know where that person came from, so I just don't know.
[53:24.000 --> 53:30.000]  No, no, no, what do you know?
[53:30.000 --> 53:31.000]  I know somebody.
[53:31.000 --> 53:35.000]  You know that a document was filed in the record.
[53:35.000 --> 53:36.000]  Correct.
[53:36.000 --> 53:41.000]  And you know that that document makes some assertions and allegations,
[53:41.000 --> 53:44.000]  but you don't know if they're true or not, you just know they're in there.
[53:44.000 --> 53:53.000]  And you know that the document was signed and purportedly the signatory
[53:53.000 --> 53:57.000]  printed their name under the signature.
[53:57.000 --> 54:05.000]  So you know that this person made these proactive statements of law.
[54:05.000 --> 54:08.000]  You don't know if any of those are true.
[54:08.000 --> 54:12.000]  You don't know if he actually was an employee of MERS.
[54:12.000 --> 54:17.000]  We have evidence to indicate that people signing for MERS
[54:17.000 --> 54:22.000]  were not employees in MERS because MERS don't have any employees.
[54:22.000 --> 54:23.000]  That's correct.
[54:23.000 --> 54:30.000]  So ask for power of attorney for this person to sign for this company.
[54:30.000 --> 54:36.000]  When you don't get power of attorney, you sue that person.
[54:36.000 --> 54:44.000]  Request from the notary, evidence of acknowledgement.
[54:44.000 --> 54:47.000]  And every once in a while we get it.
[54:47.000 --> 54:50.000]  Sometimes we get stuff that proved it wasn't acknowledged right.
[54:50.000 --> 54:53.000]  Most of the times we get nothing.
[54:53.000 --> 54:59.000]  And that established is prima facie evidence that it was not properly acknowledged.
[54:59.000 --> 55:04.000]  You're looking for specific claims that you can make
[55:04.000 --> 55:10.000]  that they're going to have to adjudicate at $600 an hour.
[55:10.000 --> 55:18.000]  Brandy, can you guide me to get to the document that MERS declares to have no officers?
[55:18.000 --> 55:19.000]  How do I get there?
[55:19.000 --> 55:21.000]  Yes, send me a request for that.
[55:21.000 --> 55:23.000]  I have that transcript in my records.
[55:23.000 --> 55:26.000]  I'll pull it out and send it to you.
[55:26.000 --> 55:29.000]  You should have my email in there in five minutes.
[55:29.000 --> 55:34.000]  Just put the subject line in all caps.
[55:34.000 --> 55:35.000]  I'm more likely to see it.
[55:35.000 --> 55:38.000]  I get a lot of emails every day.
[55:38.000 --> 55:39.000]  I got you.
[55:39.000 --> 55:42.000]  I already know how to do that because I've sent you emails before.
[55:42.000 --> 55:45.000]  As far as the signatures in my case, Brandy,
[55:45.000 --> 55:51.000]  I have like three to four pages proving that they're all bogus signatures on there.
[55:51.000 --> 55:59.000]  I don't know if I have to. I'm thinking about contracting the signature specialist to put David along with it.
[55:59.000 --> 56:06.000]  But I have like at least four or five different signatures from each of the other persons in that case.
[56:06.000 --> 56:09.000]  As far as that goes, I haven't read it to the public.
[56:09.000 --> 56:17.000]  When you send me the email, if you'll scan those signatures and put them on one page and send them to me,
[56:17.000 --> 56:21.000]  I can pretty quickly tell you if they're the same hand or not.
[56:21.000 --> 56:23.000]  You'd be better at it.
[56:23.000 --> 56:27.000]  I sent to you and we had one of your shows you already went over.
[56:27.000 --> 56:28.000]  Oh, okay.
[56:28.000 --> 56:30.000]  Well, you sent me the two.
[56:30.000 --> 56:31.000]  I think I'd...
[56:31.000 --> 56:32.000]  Oh, okay.
[56:32.000 --> 56:36.000]  If you seek for my last name.
[56:36.000 --> 56:37.000]  Yeah.
[56:37.000 --> 56:38.000]  Some of them were the same.
[56:38.000 --> 56:44.000]  And then there were two specific samples that were different.
[56:44.000 --> 56:49.000]  So, yes, I agree that would take handwriting analysis.
[56:49.000 --> 56:50.000]  Okay.
[56:50.000 --> 56:53.000]  Leslie sent me a link to a document.
[56:53.000 --> 57:06.000]  When you send me the email asking for the transcript, also ask for the RoboSigner case.
[57:06.000 --> 57:14.000]  It sent me a link to a case in Texas.
[57:14.000 --> 57:18.000]  Did you hear me read that earlier?
[57:18.000 --> 57:22.000]  Well, I noticed that Ms. Leslie's case is very similar to mine.
[57:22.000 --> 57:26.000]  I mean, I wish I had her knowledge in the federal level.
[57:26.000 --> 57:31.000]  I'll send you a link to this article and you can get the case.
[57:31.000 --> 57:40.000]  It's a Texas case, but you can pull the Texas law and the case law and bounce off of that.
[57:40.000 --> 57:47.000]  You know, the way I do it is I'll put in the case citation and then space in Florida.
[57:47.000 --> 57:52.000]  And it'll give you Florida cases that cite that case.
[57:52.000 --> 58:02.000]  You can convert this argument to Florida law and you can actually use this as an advisory opinion for the court.
[58:02.000 --> 58:03.000]  Okay.
[58:03.000 --> 58:09.000]  I don't think I've ever seen one where the RoboSigner actually got nailed before.
[58:09.000 --> 58:11.000]  That is incredible.
[58:11.000 --> 58:13.000]  Okay, hang on, Randy Kelton.
[58:13.000 --> 58:14.000]  Okay.
[58:14.000 --> 58:24.000]  Radio, our call-in number, 512-646-1984, this is the top of the hour break, so we've got three minutes.
[58:24.000 --> 58:28.000]  You've got time to go look at our sponsor page.
[58:28.000 --> 58:31.000]  You know, we've got some gold carrots on there.
[58:31.000 --> 58:33.000]  You might go look at the gold carrots.
[58:33.000 --> 58:36.000]  That's one of the things that I have been looking for for a long time,
[58:36.000 --> 58:42.000]  where you can actually trade in gold and get outside the IRS systems.
[58:42.000 --> 58:48.000]  You might want to go look at gold carrots.
[58:48.000 --> 59:13.000]  I forgot to accept.
[59:13.000 --> 59:18.000]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:18.000 --> 59:24.000]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation,
[59:24.000 --> 59:28.000]  growing in Christ and how to build up the church.
[59:28.000 --> 59:34.000]  To order your free New Testament Recovery Version and Basic Elements of the Christian Life,
[59:34.000 --> 59:44.000]  call Bibles for America toll-free at 888-551-0102.
[59:44.000 --> 59:53.000]  That's 888-551-0102, or visit us online at bfa.org.
[59:53.000 --> 01:00:03.000]  You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:03.000 --> 01:00:23.000]  Today in history, news updates and the inside scoop into the tides of the alternatives.
[01:00:23.000 --> 01:00:29.000]  Markets for the 11th of November, 2015, opened up with gold at $1,084.79 an ounce,
[01:00:29.000 --> 01:00:35.000]  silver $14.30 an ounce, Texas crude $44.21 a barrel,
[01:00:35.000 --> 01:00:45.000]  and Bitcoin is currently sitting at about $310 U.S. currency.
[01:00:45.000 --> 01:00:49.000]  Today in history, Friday, November 11, Memorial Day 1921,
[01:00:49.000 --> 01:00:54.000]  President Warren G. Harding officiated at the internment ceremonies at the Memorial Amphitheater
[01:00:54.000 --> 01:01:00.000]  at the Arlington National Cemetery of one of the four caskets exhumed from American cemeteries in France.
[01:01:00.000 --> 01:01:08.000]  This was the commemoration of the unknown soldier of World War I.
[01:01:08.000 --> 01:01:16.000]  In recent news, the Chinese e-commerce company Alibaba broke records with $14.3 billion in sales on Singles Day, November 11.
[01:01:16.000 --> 01:01:23.000]  11-11 is Singles Day in China because 11-11 looked like bare branches, a term used for bachelors in Chinese.
[01:01:23.000 --> 01:01:28.000]  Alibaba Group Holding Limited said mobile sales loan made up about 70% of it.
[01:01:28.000 --> 01:01:32.000]  While Alibaba Jack Ma has said that he'd like to export Singles Day to the United States,
[01:01:32.000 --> 01:01:38.000]  it's not likely, say experts, since it would turn a solemn day of remembrance into a day of frivolous spending.
[01:01:38.000 --> 01:01:44.000]  You know, like Thanksgiving and Christmas, Alibaba was able to make $14-plus billion in sales in a single day
[01:01:44.000 --> 01:01:53.000]  in a country that spends a third of what we do on military armament.
[01:01:53.000 --> 01:01:59.000]  The world's most popular social media site, Facebook, will now be charged 250,000 euros a day
[01:01:59.000 --> 01:02:06.000]  if it doesn't change the way it uses tracking cookies after a lawsuit was raised in one by a Belgian privacy watchdog group.
[01:02:06.000 --> 01:02:11.000]  Frederic de Bouchière, the lawyer behind the case, has stated that he is anticipating other cases to follow.
[01:02:11.000 --> 01:02:16.000]  The Belgian privacy watchdog successfully argued that Facebook was infringing on the privacy rights of the country's citizens
[01:02:16.000 --> 01:02:20.000]  by tracking them around the Internet, even if they hadn't signed up to the site.
[01:02:20.000 --> 01:02:26.000]  Apparently, Facebook had been enabling cookies which would load onto a user's browser if they went onto the Facebook page,
[01:02:26.000 --> 01:02:31.000]  even if they weren't logged in, and then used them to track them when they came back to the site.
[01:02:31.000 --> 01:02:37.000]  Facebook's defense is that it was only collecting computers' IP addresses and other unique identifiers via these cookies.
[01:02:37.000 --> 01:02:42.000]  However, the court ruled that that information was personal data and should not be tracked.
[01:02:42.000 --> 01:02:54.000]  Facebook does plan to appeal the case, stating that only EU courts and not Belgian courts have the authority to make such rulings.
[01:02:54.000 --> 01:03:22.000]  Here's your lowdown for November 11, 2015.
[01:03:22.000 --> 01:03:33.000]  Okay, we are back. Randy Kelton with Real Blah Blah Radio, and we're talking to Chris in Florida.
[01:03:33.000 --> 01:03:41.000]  And Chris, I didn't ask, how far into this case are you?
[01:03:41.000 --> 01:03:50.000]  Very good. The reason why I'm trying to bring my case to the federal level is I have 60 days,
[01:03:50.000 --> 01:03:54.000]  a little less than 60 days for final summary judgment.
[01:03:54.000 --> 01:04:11.000]  And I'm trying to buy a little time just so I can get a couple things accomplished related to that Florida Rules of Procedure and the federal rules of...
[01:04:11.000 --> 01:04:18.000]  Okay. How old is your note?
[01:04:18.000 --> 01:04:26.000]  It will be five years old, two, three months from now.
[01:04:26.000 --> 01:04:34.000]  Okay. So it's a 2010, early 2011 note.
[01:04:34.000 --> 01:04:42.000]  Okay. What was the original principle?
[01:04:42.000 --> 01:04:49.000]  My note is actually 2006. I'm sorry, it's going to be five years from the day that they...
[01:04:49.000 --> 01:04:52.000]  Wait, no, no. What was the original principle amount?
[01:04:52.000 --> 01:04:59.000]  I apologize. The principle is 230, I'm sorry, 222.
[01:04:59.000 --> 01:05:10.000]  Okay. How much, what was the amount on line 1400 of the HUD-1 settlement statement?
[01:05:10.000 --> 01:05:17.000]  Let me open it.
[01:05:17.000 --> 01:05:21.000]  I'm looking at the reason I asked that. I'm looking at one now.
[01:05:21.000 --> 01:05:31.000]  That was a $114,000 note and the closing cost was $17,000.
[01:05:31.000 --> 01:05:39.000]  Almost 20%, like 17% of the entire principle.
[01:05:39.000 --> 01:05:48.000]  If that number is good and high, then you might want to run a RODASH claim against it.
[01:05:48.000 --> 01:05:54.000]  And RODASH comes out of Florida. It was a Florida case.
[01:05:54.000 --> 01:06:05.000]  Yes, you told me about it. I have it in front of me. It said 114. What line was that?
[01:06:05.000 --> 01:06:10.000]  Line 1400, yeah. Oh, 1400.
[01:06:10.000 --> 01:06:13.000]  1400 is right at the bottom. It's a total.
[01:06:13.000 --> 01:06:18.000]  Yes. Yeah, that's 18 something.
[01:06:18.000 --> 01:06:22.000]  18,000? Wow.
[01:06:22.000 --> 01:06:24.000]  I'm assuming that, yeah.
[01:06:24.000 --> 01:06:32.000]  Okay. That's a nice big number for a $230,000 note. That is an awful lot of closing costs.
[01:06:32.000 --> 01:06:37.000]  You should file a claim again. You should file the RODASH claim.
[01:06:37.000 --> 01:06:45.000]  Are you familiar with the claim that I make against the HUD-1 settlement statement?
[01:06:45.000 --> 01:07:03.000]  Yeah, I tried getting the calculations from David, but since he had that health issue, then we never got to that point. I've been in touch with them for many, many years.
[01:07:03.000 --> 01:07:12.000]  Okay. Send me an email and I will send you an email back telling you what I need in order to do that.
[01:07:12.000 --> 01:07:26.000]  I still need, I need principal interest payment amount from the note and I need principal interest payment amount from the truth in the next statement.
[01:07:26.000 --> 01:07:27.000]  Okay.
[01:07:27.000 --> 01:07:39.000]  And I'll run a calculation on that and give you some really nice numbers. This is what I'll do is I'll take the note values.
[01:07:39.000 --> 01:07:48.000]  That's the most important part. You agreed to pay X amount of dollars per month for Y amount of years.
[01:07:48.000 --> 01:08:01.000]  And that X amount of dollars was calculated based on a set principal and a set interest. Was your note an arm?
[01:08:01.000 --> 01:08:03.000]  It was not. This was a fixed.
[01:08:03.000 --> 01:08:19.000]  Fixed rate? Perfect. Makes it a lot, gives me a lot better calculation. So I'll put the numbers in there and see if the principal and interest and term comes up with the same payment that's on the note.
[01:08:19.000 --> 01:08:31.000]  And then I'll put in the amount on line 1400 of the HUD-1 as an overpayment.
[01:08:31.000 --> 01:08:35.000]  So I deduct that from the original principal and then run out that note.
[01:08:35.000 --> 01:08:44.000]  And what this tells me is that this is what the lender intended to collect from you over this time.
[01:08:44.000 --> 01:08:53.000]  And as compared to what you actually owe, first one I did this with was Steve Skidmore.
[01:08:53.000 --> 01:08:55.000]  He was the co-host on the show for a while.
[01:08:55.000 --> 01:09:05.000]  $116,000 note at 6% fixed. He had $12,000 on the HUD-1.
[01:09:05.000 --> 01:09:14.000]  I subtracted that from the original principal. His mortgage note went to zero at payment 240.
[01:09:14.000 --> 01:09:23.000]  That left 10 years that he would be paying on a note that was already paid off.
[01:09:23.000 --> 01:09:33.000]  So over the entire term of the note he would have overpaid the note by $50,043 in change.
[01:09:33.000 --> 01:09:38.000]  Almost half of the original principal he would pay extra.
[01:09:38.000 --> 01:09:42.000]  So we'll do a similar calculation with yours.
[01:09:42.000 --> 01:09:50.000]  You've got a nice high number so it will give you a relatively large number when we calculate it out.
[01:09:50.000 --> 01:09:55.000]  And we claim that all of the documents, okay let me back up a step.
[01:09:55.000 --> 01:10:02.000]  At closing, when you sat down in front of the trustee and the trustee put that HUD-1 settlement statement in front of you
[01:10:02.000 --> 01:10:08.000]  and said these are the charges for this note.
[01:10:08.000 --> 01:10:17.000]  Did the trustee provide you with documentation to show that the fees charged on the HUD-1 settlement statement
[01:10:17.000 --> 01:10:22.000]  were not otherwise forbidden to be charged by law?
[01:10:22.000 --> 01:10:29.000]  That the amounts that the services charged for were necessary?
[01:10:29.000 --> 01:10:32.000]  That they were actually performed?
[01:10:32.000 --> 01:10:39.000]  That the vendors were bona fide vendors and not front companies for your fiduciaries?
[01:10:39.000 --> 01:10:50.000]  That, I think did I say they were necessary, and that the lender did not take an undisclosed markup on the amounts charged?
[01:10:50.000 --> 01:10:54.000]  This is all right out of the Real Estate Seven Procedures Act.
[01:10:54.000 --> 01:11:01.000]  If you didn't get any invoices, if you didn't get any evidence that this money was actually paid,
[01:11:01.000 --> 01:11:04.000]  then you don't know if it's paid or not.
[01:11:04.000 --> 01:11:12.000]  So you ask them to prove it up and you calculate the full amount as an overpayment,
[01:11:12.000 --> 01:11:18.000]  you deduct it from the principal and run your note and you let them know,
[01:11:18.000 --> 01:11:24.000]  anyone you prove up will subtract it from the calculation and readjust the calculation.
[01:11:24.000 --> 01:11:31.000]  Well, we have about five or six hundred people file these claims.
[01:11:31.000 --> 01:11:36.000]  You got any idea how many of those fees were proven up?
[01:11:36.000 --> 01:11:41.000]  It's a real easy number.
[01:11:41.000 --> 01:11:45.000]  Zero.
[01:11:45.000 --> 01:11:49.000]  And there's a reason there was a zero.
[01:11:49.000 --> 01:11:57.000]  Because every person that I tried to help who had been a lender,
[01:11:57.000 --> 01:12:05.000]  when I mentioned these fees or not a lender loanbroker,
[01:12:05.000 --> 01:12:15.000]  they said, don't you dare put that on there because they were afraid to come back on them because they knew full well.
[01:12:15.000 --> 01:12:21.000]  Every time they put together a HUD-1 settlement statement, they added fraudulent fees on there.
[01:12:21.000 --> 01:12:30.000]  The last thing they wanted to do was raise an issue alleging someone did what they had been doing.
[01:12:30.000 --> 01:12:34.000]  So this is just an industry standard.
[01:12:34.000 --> 01:12:40.000]  So the problem is if they prove up one of those fees and don't prove up another,
[01:12:40.000 --> 01:12:47.000]  it creates the adverse inference that the one they didn't prove up is exactly what we said it was.
[01:12:47.000 --> 01:12:52.000]  That's by fraud. So they don't prove up any of them.
[01:12:52.000 --> 01:12:58.000]  So this gives you a very large claim to go in the door with.
[01:12:58.000 --> 01:13:04.000]  And right now, we like to use it for rescission.
[01:13:04.000 --> 01:13:09.000]  Have you had a change of servicers recently?
[01:13:09.000 --> 01:13:12.000]  No, not recently.
[01:13:12.000 --> 01:13:16.000]  When was the last time you had a change of service?
[01:13:16.000 --> 01:13:27.000]  It was at the very beginning when American Servicing Company became the servicer and that's it.
[01:13:27.000 --> 01:13:29.000]  They changed the...
[01:13:29.000 --> 01:13:35.000]  Okay, so you're too far away for a qualified request.
[01:13:35.000 --> 01:13:38.000]  What I'm looking for...
[01:13:38.000 --> 01:13:48.000]  Okay, what this will do for you is send another qualified written request.
[01:13:48.000 --> 01:13:52.000]  They don't have to treat you as a qualified written request. You don't care.
[01:13:52.000 --> 01:14:01.000]  But you make this claim and claim that based on these fees, they overcharged you.
[01:14:01.000 --> 01:14:11.000]  The very last thing in the Truth in Lending Act goes to rescission after foreclosure.
[01:14:11.000 --> 01:14:17.000]  Once you have received a notice of default, foreclosure begins.
[01:14:17.000 --> 01:14:27.000]  If you discover more than $35 in overcharges, the right to rescind the note is reanimated.
[01:14:27.000 --> 01:14:35.000]  So you use these numbers to indicate an overpayment, then you file a notice of rescission.
[01:14:35.000 --> 01:14:42.000]  I got this really sneaky, low down, dirty rotten way of doing it.
[01:14:42.000 --> 01:14:47.000]  I've got this really large qualified written request.
[01:14:47.000 --> 01:14:55.000]  And it makes all of these claims that are on the HUD-1 settlements, that's on the HUD-1.
[01:14:55.000 --> 01:15:02.000]  I do a calculation and I put all this in the qualified written request.
[01:15:02.000 --> 01:15:06.000]  And this is how I claim an accounting error.
[01:15:06.000 --> 01:15:13.000]  And then I ask for 10 pages of discovery.
[01:15:13.000 --> 01:15:16.000]  I ask them to prove up the amount owed.
[01:15:16.000 --> 01:15:18.000]  And these are all the ways I want them to prove it up.
[01:15:18.000 --> 01:15:20.000]  And the lawyer is going to look at that and say,
[01:15:20.000 --> 01:15:27.000]  that's discovery, that's nonsense, that's a bunch of patriot mythology crap.
[01:15:27.000 --> 01:15:34.000]  He just got this junk off the internet as he's going down through all this stuff and just glancing over.
[01:15:34.000 --> 01:15:39.000]  And he's going to miss the last paragraph.
[01:15:39.000 --> 01:15:43.000]  We do the same thing that they did to you at closing.
[01:15:43.000 --> 01:15:48.000]  You sat down at closing, they put all these junk documents in front of you,
[01:15:48.000 --> 01:15:51.000]  100 pages of garbage they want you to read.
[01:15:51.000 --> 01:15:55.000]  And by the time you get halfway through it, your brains turn into mush.
[01:15:55.000 --> 01:16:00.000]  And then they bring the real deal in front of you that they don't want you to read.
[01:16:00.000 --> 01:16:02.000]  So you miss that part.
[01:16:02.000 --> 01:16:04.000]  Well, we do the same thing to the lawyer.
[01:16:04.000 --> 01:16:12.000]  We're giving this long and boring and totally obnoxious and annoying qualified written request.
[01:16:12.000 --> 01:16:16.000]  Last paragraph.
[01:16:16.000 --> 01:16:21.000]  You have 30 days to prove up the validity of all these fees.
[01:16:21.000 --> 01:16:28.000]  If you fail to prove up these fees, you are hereby given notice that after 30 days this note is rescinded.
[01:16:28.000 --> 01:16:32.000]  And they won't see it.
[01:16:32.000 --> 01:16:36.000]  And they'll treat your qualified written request as a qualified written request.
[01:16:36.000 --> 01:16:41.000]  And you heard what Leslie was saying about that earlier.
[01:16:41.000 --> 01:16:44.000]  And we'll get to that part when we come back on the other side.
[01:16:44.000 --> 01:16:46.000]  When I see you there, we will get to you.
[01:16:46.000 --> 01:16:54.000]  This is Randy Kelton, Rue of La Radio, or call it number 512-646-1984.
[01:16:54.000 --> 01:17:00.000]  We'll be right back.
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[01:17:49.000 --> 01:17:57.000]  That's ruleoflawradio.com, or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com
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[01:19:00.000 --> 01:19:11.000]  This is the Logos Logos Radio Network.
[01:19:11.000 --> 01:19:23.000]  Oh, come on.
[01:19:23.000 --> 01:19:30.000]  Okay, we are back. Randy Kelton with our radio and we're talking to Chris in Florida.
[01:19:30.000 --> 01:19:40.000]  And Chris, the whole point of this is to get them in a position to where you have a good strong claim against them.
[01:19:40.000 --> 01:19:46.000]  Lawyers like to do what they call sharp practice.
[01:19:46.000 --> 01:19:49.000]  So we turn it back on them.
[01:19:49.000 --> 01:19:59.000]  Send them this, when you send me the email, I will send you an example of this thing.
[01:19:59.000 --> 01:20:11.000]  You send them this QWR and when they miss that last paragraph, then you wait your 30 days and then you got 20 days.
[01:20:11.000 --> 01:20:16.000]  30 days they have to answer the QWR.
[01:20:16.000 --> 01:20:27.000]  Then if they don't answer it in time, then from that day you got another 20 days that they have to respond to the rescission notice.
[01:20:27.000 --> 01:20:35.000]  Once that 20 days is up, now technically under law it's sudden death.
[01:20:35.000 --> 01:20:40.000]  You technically have a right to keep the property without further obligation.
[01:20:40.000 --> 01:20:42.000]  That's what the code says.
[01:20:42.000 --> 01:20:55.000]  If they fail to file an objection or begin the rescission process within that 20 day period, the borrower may retain the property without further obligation.
[01:20:55.000 --> 01:21:02.000]  Okay, courts are never going to rule in your favor because the courts are corrupt.
[01:21:02.000 --> 01:21:16.000]  But the problem the lender has, even though they bought and paid for our federal judges, the courts are so corrupt that they can't trust them.
[01:21:16.000 --> 01:21:24.000]  So you want them in a position that they're not going to want to risk going into court.
[01:21:24.000 --> 01:21:33.000]  We just had the Jezanowski decision and it changed everything.
[01:21:33.000 --> 01:21:36.000]  We just filed one recently with Wells Fargo.
[01:21:36.000 --> 01:21:45.000]  Wells Fargo treated it like a qualified written request and sent back an offer to do a short sale.
[01:21:45.000 --> 01:21:56.000]  Well, instead of taking them up on their offer to do a short sale, we filed a quiet title against the Deed of Trust claiming that based on the rescission,
[01:21:56.000 --> 01:22:02.000]  the note and Deed of Trust were void as a matter of law.
[01:22:02.000 --> 01:22:09.000]  Included in the copy we sent to Wells Fargo, we put a cover letter.
[01:22:09.000 --> 01:22:14.000]  In the cover letter we said that you guys screwed up.
[01:22:14.000 --> 01:22:16.000]  You didn't respond in time.
[01:22:16.000 --> 01:22:18.000]  This is over.
[01:22:18.000 --> 01:22:20.000]  You don't have a claim.
[01:22:20.000 --> 01:22:30.000]  However, if we try to press this issue, the courts are going to rule against us because the courts always rule against us out of hand at every turn.
[01:22:30.000 --> 01:22:32.000]  And we may or may not win on appeal.
[01:22:32.000 --> 01:22:36.000]  So my question to you is do you want to risk that?
[01:22:36.000 --> 01:22:41.000]  Frankly, I don't want to go to court and I'm sure you don't want to go to court.
[01:22:41.000 --> 01:22:46.000]  Let's sit down and make a deal.
[01:22:46.000 --> 01:22:52.000]  Your best option is to find some deal that they can come to.
[01:22:52.000 --> 01:22:56.000]  Otherwise, you'll stay in court for five or six years and then the courts will rule against you.
[01:22:56.000 --> 01:23:00.000]  That's been the standard way of doing things.
[01:23:00.000 --> 01:23:08.000]  So we need to find a way to deal this out and at an amount that you can live with.
[01:23:08.000 --> 01:23:09.000]  Chris.
[01:23:09.000 --> 01:23:11.000]  Randy.
[01:23:11.000 --> 01:23:18.000]  So when it comes to my federal suit, I like a couple ideas that you mentioned that I have not done yet.
[01:23:18.000 --> 01:23:20.000]  And I did send you the emails.
[01:23:20.000 --> 01:23:28.000]  So if you check your email right now, you should have a couple of them, those requests that you just told me.
[01:23:28.000 --> 01:23:36.000]  So in order for me to bring my current local suit to a federal level,
[01:23:36.000 --> 01:23:41.000]  there has been no...
[01:23:41.000 --> 01:23:49.000]  All you've got to do to bring it to the federal level is file an amended pleading and removal.
[01:23:49.000 --> 01:23:57.000]  An amended pleading to my current case and then I have to give you a copy of the federal suit.
[01:23:57.000 --> 01:24:08.000]  You file the federal suit in the state as an amended... I'm sorry, do you have a counterclaim filed?
[01:24:08.000 --> 01:24:11.000]  No, this isn't going to be it because this is done.
[01:24:11.000 --> 01:24:12.000]  Okay.
[01:24:12.000 --> 01:24:13.000]  Okay.
[01:24:13.000 --> 01:24:15.000]  There should always be a counterclaim.
[01:24:15.000 --> 01:24:23.000]  So yeah, file a counterclaim making federal claims and then give them notice of removal
[01:24:23.000 --> 01:24:32.000]  and file a motion for removal with the federal court showing how the federal court has jurisdiction.
[01:24:32.000 --> 01:24:35.000]  And that will get you out of the state court.
[01:24:35.000 --> 01:24:38.000]  And if you're trying to buy time, this should do it.
[01:24:38.000 --> 01:24:40.000]  Yes.
[01:24:40.000 --> 01:24:41.000]  Very nice.
[01:24:41.000 --> 01:24:48.000]  So notice of removal to the parties and then a motion to the federal level for removal.
[01:24:48.000 --> 01:24:53.000]  The notice does not need to contain any explanation.
[01:24:53.000 --> 01:24:58.000]  You're by giving notice this case is removed to the federal court.
[01:24:58.000 --> 01:25:08.000]  Then you file a motion for removal to the federal court explaining why the federal court has jurisdiction.
[01:25:08.000 --> 01:25:10.000]  That should be easy enough.
[01:25:10.000 --> 01:25:16.000]  But you do all of this in conjunction with the counterclaim.
[01:25:16.000 --> 01:25:17.000]  Understood.
[01:25:17.000 --> 01:25:24.000]  You want your counterclaim to be more than the original principal or more than the amount they claim is owed.
[01:25:24.000 --> 01:25:29.000]  And with the HUD-1 argument, I can get you that number easy.
[01:25:29.000 --> 01:25:30.000]  Yeah.
[01:25:30.000 --> 01:25:39.000]  That's all I'm missing because I did put a number in there what would be related to the actual regular payment of the mortgage within the 30 years.
[01:25:39.000 --> 01:25:44.000]  But I know that you get a higher value during the way you just told me.
[01:25:44.000 --> 01:26:00.000]  And what this does is we'll get you a number in excess of the amount of the original principal so that you can then file a rescission and claim tender by set off.
[01:26:00.000 --> 01:26:07.000]  Set off the tender that you would have to tender back to them against what the claim that you have against them.
[01:26:07.000 --> 01:26:11.000]  And this is all about poker.
[01:26:11.000 --> 01:26:21.000]  It's about building a negotiating position, not about what you can win at the end of the day.
[01:26:21.000 --> 01:26:25.000]  It's about the likelihood, the possibility that you might win.
[01:26:25.000 --> 01:26:28.000]  Nobody likes to play Russian roulette.
[01:26:28.000 --> 01:26:35.000]  And the fact that it's going to cost them a lot of money to fight you no matter what.
[01:26:35.000 --> 01:26:41.000]  So question.
[01:26:41.000 --> 01:26:45.000]  You just confirmed that I do not have to put any information in my case on the initial suit.
[01:26:45.000 --> 01:26:47.000]  Am I correct on the federal suit?
[01:26:47.000 --> 01:26:48.000]  Oh, no, no.
[01:26:48.000 --> 01:26:49.000]  No, no.
[01:26:49.000 --> 01:26:51.000]  You need to put the information in.
[01:26:51.000 --> 01:27:04.000]  When you write the amended pleading, write the pleading with a Rule 12E6 motion to dismiss for favor of the state of claim in mind.
[01:27:04.000 --> 01:27:10.000]  Because when it's removed to the federal court, they're going to hold you to a federal pleading standard.
[01:27:10.000 --> 01:27:13.000]  Don't make any fraud claims.
[01:27:13.000 --> 01:27:17.000]  Make claims of false and misleading.
[01:27:17.000 --> 01:27:21.000]  A fraud claim will get you a 12E6 immediately.
[01:27:21.000 --> 01:27:27.000]  A false and misleading will keep you under Rule 8.
[01:27:27.000 --> 01:27:41.000]  And state enough facts that based on these facts, if these facts are true and the court must, for this purpose, must treat your facts as true.
[01:27:41.000 --> 01:27:50.000]  If these facts were true, would the claimant have a viable claim in the federal court?
[01:27:50.000 --> 01:27:52.000]  That's the consideration.
[01:27:52.000 --> 01:27:59.000]  So you can no longer just give notice, oh, the dirty rotten rascal, he did this and he did that and he did the other.
[01:27:59.000 --> 01:28:01.000]  You can't do that anymore.
[01:28:01.000 --> 01:28:10.000]  Now you have to give enough evidence to show that there is at least a likelihood that you can win in the end.
[01:28:10.000 --> 01:28:12.000]  Otherwise, they're not going to let it in the court.
[01:28:12.000 --> 01:28:22.000]  So you have to argue a little, you know, put a little more of your arguments in your pleading to make sure it sticks in the fed.
[01:28:22.000 --> 01:28:25.000]  And you'll get tossed out on Rule 12E6.
[01:28:25.000 --> 01:28:30.000]  But all your argument goes in the counterclaim.
[01:28:30.000 --> 01:28:34.000]  No argument goes in the notice of removal.
[01:28:34.000 --> 01:28:37.000]  That's where nothing goes.
[01:28:37.000 --> 01:28:44.000]  The court, the clerk has no, they don't have any jurisdiction, any discretion here.
[01:28:44.000 --> 01:28:47.000]  So you just tell them it's removed, it's done.
[01:28:47.000 --> 01:28:51.000]  And then you put all your argument to the federal judge.
[01:28:51.000 --> 01:29:02.000]  And Wendy, so on my initial filing on the counterclaim at federal level, I do not mention any fraud?
[01:29:02.000 --> 01:29:07.000]  Or you later on as?
[01:29:07.000 --> 01:29:11.000]  Where you would say fraud, replace fraud with false and misleading.
[01:29:11.000 --> 01:29:13.000]  That's what I.
[01:29:13.000 --> 01:29:17.000]  Courtesy of Jeff Sedgwick.
[01:29:17.000 --> 01:29:18.000]  Okay.
[01:29:18.000 --> 01:29:25.000]  You chewed me out regular on that until I finally got it down and understood it.
[01:29:25.000 --> 01:29:27.000]  I got you.
[01:29:27.000 --> 01:29:33.000]  And my trick question for the night, and I'll let you go.
[01:29:33.000 --> 01:29:34.000]  Wait a minute.
[01:29:34.000 --> 01:29:38.000]  Are you fixing, are you about to stump the chump?
[01:29:38.000 --> 01:29:40.000]  Yeah, I guess.
[01:29:40.000 --> 01:29:41.000]  Okay.
[01:29:41.000 --> 01:29:42.000]  Hang on.
[01:29:42.000 --> 01:29:44.000]  You can stump this chump on the other side.
[01:29:44.000 --> 01:29:51.000]  This is Randy Kelton, Rule of the Radio, our call in number 512-646-1984.
[01:29:51.000 --> 01:30:01.000]  We'll be right back.
[01:30:01.000 --> 01:30:05.000]  You've heard of getting your shots, but have you heard of getting shot if you don't?
[01:30:05.000 --> 01:30:17.000]  I'm Dr. Catherine Albrecht, and I'll be back to tell you just how far some public health officials will go to vaccinate kids.
[01:30:17.000 --> 01:30:19.000]  Privacy is under attack.
[01:30:19.000 --> 01:30:22.000]  When you give up data about yourself, you'll never get it back again.
[01:30:22.000 --> 01:30:27.000]  And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[01:30:27.000 --> 01:30:32.000]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:30:32.000 --> 01:30:35.000]  Privacy, it's worth hanging on to.
[01:30:35.000 --> 01:30:42.000]  This public service announcement is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing.
[01:30:42.000 --> 01:30:49.000]  Around 10% of parents in the U.S. opt out of measles vaccines for their kids, according to the Centers for Disease Control.
[01:30:49.000 --> 01:30:53.000]  Some worry about side effects, and others have religious or medical objections.
[01:30:53.000 --> 01:30:57.000]  But in the African nation of Malawi, there are no exceptions.
[01:30:57.000 --> 01:31:06.000]  Members of the Zion and Itumi churches found this out the hard way when police rounded up over 100 of their children at gunpoint and forced them to be vaccinated.
[01:31:06.000 --> 01:31:09.000]  In Malawi, holdouts go to jail.
[01:31:09.000 --> 01:31:15.000]  One father was sentenced to prison and two years' hard labor because his religion forbids vaccines.
[01:31:15.000 --> 01:31:18.000]  Man, I'm glad to live in the land of the free.
[01:31:18.000 --> 01:31:30.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31:30.000 --> 01:31:36.000]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:36.000 --> 01:31:38.000]  The government says that fire brought it down.
[01:31:38.000 --> 01:31:43.000]  However, 1,500 architects and engineers have concluded it was a controlled demolition.
[01:31:43.000 --> 01:31:46.000]  Over 6,000 of my fellow service members have given their lives.
[01:31:46.000 --> 01:31:48.000]  Thousands of my fellow first responders are dying.
[01:31:48.000 --> 01:31:50.000]  I'm not a conspiracy theorist.
[01:31:50.000 --> 01:31:51.000]  I'm a structural engineer.
[01:31:51.000 --> 01:31:52.000]  I'm a New York City correction officer.
[01:31:52.000 --> 01:31:53.000]  I'm an Air Force pilot.
[01:31:53.000 --> 01:31:55.000]  I'm a father who lost his son.
[01:31:55.000 --> 01:31:58.000]  We're Americans, and we deserve the truth.
[01:31:58.000 --> 01:32:01.000]  Go to RememberBuilding7.org today.
[01:32:01.000 --> 01:32:03.000]  Hey, it's Danny here for Hill Country Home Improvements.
[01:32:03.000 --> 01:32:06.000]  Did your home receive hail or wind damage from the recent storms?
[01:32:06.000 --> 01:32:09.000]  Come on, we all know the government caused it with their chemtrails,
[01:32:09.000 --> 01:32:11.000]  but good luck getting them to pay for it.
[01:32:11.000 --> 01:32:14.000]  Okay, I might be kidding about the chemtrails, but I'm serious about your roof.
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[01:32:16.000 --> 01:32:21.000]  and Hill Country Home Improvements can handle the claim for you with little to no out-of-pocket expense.
[01:32:21.000 --> 01:32:27.000]  And we accept Bitcoin as a multiyear A-plus member of the Better Business Bureau with zero complaints.
[01:32:27.000 --> 01:32:32.000]  You can trust Hill Country Home Improvements to handle your claim and your roof right the first time.
[01:32:32.000 --> 01:32:38.000]  Just call 512-992-8745 or go to hillcountryhomeimprovements.com.
[01:32:38.000 --> 01:32:40.000]  Mention the crypto show and get $100 off,
[01:32:40.000 --> 01:32:45.000]  and we'll donate another $100 to the Logos Radio Network to help continue this programming.
[01:32:45.000 --> 01:32:50.000]  So if those out-of-town roofers come knocking, your door should be locking.
[01:32:50.000 --> 01:32:56.000]  That's 512-992-8745 or hillcountryhomeimprovements.com.
[01:32:56.000 --> 01:32:58.000]  Discounts are based on full roof replacement.
[01:32:58.000 --> 01:33:02.000]  May not actually be kidding about chemtrails.
[01:33:02.000 --> 01:33:28.000]  You are listening to the Logos Radio Network, logosradionetwork.com.
[01:33:28.000 --> 01:33:34.000]  Okay, we are back. Randy Kelton with our radio, and we're talking to Chris in Florida,
[01:33:34.000 --> 01:33:39.000]  and he's going to try to stomp the chomp.
[01:33:39.000 --> 01:33:41.000]  Okay, are you ready?
[01:33:41.000 --> 01:33:43.000]  I am ready.
[01:33:43.000 --> 01:33:46.000]  Okay, follow my train of thought.
[01:33:46.000 --> 01:33:53.000]  All the lawsuits, they're related to one thing and one thing only, money.
[01:33:53.000 --> 01:33:59.000]  We all understand and agree that the courts will rule against you no matter what.
[01:33:59.000 --> 01:34:02.000]  Okay, we're on the same page.
[01:34:02.000 --> 01:34:23.000]  Now, let's hypothesize that the beer fund was large enough so a defendant or a person who's training themselves against the bank
[01:34:23.000 --> 01:34:37.000]  is offering a beer fund money to cover their request upon the proper documents under the federal or state rule of evidence
[01:34:37.000 --> 01:34:51.000]  where they have to actually show complete trace of the lawful entitlement for interest on the loan.
[01:34:51.000 --> 01:35:02.000]  What holds the court back from ruling on, if not in your favor, but ruling on get out of my court
[01:35:02.000 --> 01:35:08.000]  and come up with a mutual agreement and then come back?
[01:35:08.000 --> 01:35:14.000]  That is very unlikely. There's nothing holding the court back from that.
[01:35:14.000 --> 01:35:26.000]  And one of the things I was remiss in not mentioning, when you file the counterclaim,
[01:35:26.000 --> 01:35:36.000]  include with it a motion requesting the judge to order remediation.
[01:35:36.000 --> 01:35:45.000]  The lawyer, when they're dealing with a pro se, they don't want to, the last thing they want to do is get beat out by,
[01:35:45.000 --> 01:35:51.000]  to quote Mike Maris, a pro se beach bum.
[01:35:51.000 --> 01:35:55.000]  So they don't want to negotiate with you. They don't want to talk to you.
[01:35:55.000 --> 01:36:00.000]  So let's give them plausible deniability. Let's ask the judge to order it.
[01:36:00.000 --> 01:36:09.000]  The judge may or may not order it, but by requesting it, you open the door for mediation.
[01:36:09.000 --> 01:36:19.000]  So it's a great idea. And the whole thing is, you're right, it's all about money and it's about politics.
[01:36:19.000 --> 01:36:22.000]  And I see so many years being cut off of this.
[01:36:22.000 --> 01:36:32.000]  I mean, and you said that the judge may not rule and force a plaintiff to sit down and discuss alternative.
[01:36:32.000 --> 01:36:43.000]  But the filing of the request will open the door for the lawyer to come in because he doesn't want the judge to order him.
[01:36:43.000 --> 01:36:49.000]  He'd rather do it on his own. So it's more likely you'll get the lawyer to the table
[01:36:49.000 --> 01:36:58.000]  and you're creating politics for the judge. This is all about relationships.
[01:36:58.000 --> 01:37:05.000]  You go into court, you sit down at the table. It's like sitting at a four-sided chessboard.
[01:37:05.000 --> 01:37:11.000]  To your right is your lawyer, to your left is opposing counsel, across from you is the judge.
[01:37:11.000 --> 01:37:16.000]  Your lawyer has a relationship with you.
[01:37:16.000 --> 01:37:21.000]  But your lawyer also has a relationship with opposing counsel because they deal with one another all the time.
[01:37:21.000 --> 01:37:27.000]  And he also has a relationship with the judge. Those three all have relationships.
[01:37:27.000 --> 01:37:35.000]  You're the odd man out. If you're going to win your case, you've got to get into that politics.
[01:37:35.000 --> 01:37:43.000]  So by asking for mediation, you're telling the judge, these two guys kind of want to come in here and use up all your time.
[01:37:43.000 --> 01:37:51.000]  I don't want to waste your time. I want to get this out of your court and get this thing handled so we can all go home.
[01:37:51.000 --> 01:38:00.000]  That helps create politics on your side. It also helps create plausible liability for the lawyer on the other side.
[01:38:00.000 --> 01:38:05.000]  So if you don't have counsel, you have even less relationships.
[01:38:05.000 --> 01:38:13.000]  So by asking the court to order mediation, you're more likely to pry them off the dime.
[01:38:13.000 --> 01:38:24.000]  And by raising your claim as high as you can, you know, nobody wants to get before a jury.
[01:38:24.000 --> 01:38:25.000]  Yes.
[01:38:25.000 --> 01:38:34.000]  They may have the courts bought, but they don't have that jury bought. And a jury is always a crap shoot.
[01:38:34.000 --> 01:38:46.000]  So if you can get your claim up high enough and right now is a good time for to play the rescission card because it's a relatively new decision.
[01:38:46.000 --> 01:38:50.000]  We haven't had any subsequent decisions on it.
[01:38:50.000 --> 01:39:02.000]  I don't know who was the moron who let this one get to the Supreme and let the courts, let the banks get this devastating ruling against them, but they're not going to want another one.
[01:39:02.000 --> 01:39:07.000]  So this is a real good time to take on the rescission issue.
[01:39:07.000 --> 01:39:20.000]  And the banks, in order to keep you from possibly getting another, getting a state ruling in your favor, they're going to make a deal with you.
[01:39:20.000 --> 01:39:24.000]  So in the end, it's all about politics and money.
[01:39:24.000 --> 01:39:43.000]  So if you expect to win the case in the end, you're dreaming. Question I didn't ask you is at the end of the day, what for you would be an equitable compromise when you could live with?
[01:39:43.000 --> 01:39:45.000]  Don't tell me. Write it down.
[01:39:45.000 --> 01:39:47.000]  No. Correct.
[01:39:47.000 --> 01:39:50.000]  That's the mark you're shooting for.
[01:39:50.000 --> 01:39:56.000]  You asked for a whole lot more. This will tell you when you went, when you won.
[01:39:56.000 --> 01:40:02.000]  And a lot of times we have people fighting issues they've already won.
[01:40:02.000 --> 01:40:10.000]  People in Pennsylvania, they've got a tax lien. They've been fighting for two years. A friend of mine was sent over to help them.
[01:40:10.000 --> 01:40:15.000]  They show him the tax lien and said, you want to get rid of these? And they said, sure. You ripped them up and threw them in the trash.
[01:40:15.000 --> 01:40:25.000]  Okay. They're gone. And they were aghast. And she said, folks, these liens expired two years ago.
[01:40:25.000 --> 01:40:34.000]  And they were furious. They wrote a letter to the IRS, a scathing letter to the IRS.
[01:40:34.000 --> 01:40:40.000]  And what did the IRS do? They reinstated the liens.
[01:40:40.000 --> 01:40:47.000]  See, they forgot what the prize was. They got caught up in the fight.
[01:40:47.000 --> 01:40:53.000]  And we're going to go to Mark in Texas. He's kind of got that problem too. We're going to work on him with that.
[01:40:53.000 --> 01:40:59.000]  He's got all these great things he can argue. He wants to argue.
[01:40:59.000 --> 01:41:06.000]  I'm picking on Mark. He'll get me back when I get to him. But anyway, have we pretty well covered everything?
[01:41:06.000 --> 01:41:13.000]  Basically it. I just need to know what we need to do in order to create a new beer farm.
[01:41:13.000 --> 01:41:19.000]  Okay. Go good. I need a beer farm. I'm down to where I can only drink half a beer. That's what happens when you get old.
[01:41:19.000 --> 01:41:28.000]  So the wife needed something to help her sleep. So she wanted me to get her some wine, white wine. She likes white wine. So I got to.
[01:41:28.000 --> 01:41:36.000]  Get the beer farm up to high value so we can use that for the right purpose as well. Very nice, Randy. Thank you so much.
[01:41:36.000 --> 01:41:43.000]  Okay. Thank you. Now we're going to go to Mark in Texas.
[01:41:43.000 --> 01:41:44.000]  Hi.
[01:41:44.000 --> 01:41:46.000]  Howdy, Mark.
[01:41:46.000 --> 01:41:56.000]  Man, I've been enjoying the discussion. I've got a lot that I could just talk about or go and talk about what we've talked about before to bring things up to speed.
[01:41:56.000 --> 01:42:11.000]  But I want to keep it nice and simple. I have a servicer that was a debt buyer, bought paper. They bought this paper. They then filed a lawsuit.
[01:42:11.000 --> 01:42:17.000]  Wait, did they buy this paper after it was in foreclosure or in default?
[01:42:17.000 --> 01:42:28.000]  Yes. It was in default for a long time. And so I'm thinking, okay, FDCPA might be a way to accomplish my grand goal here.
[01:42:28.000 --> 01:42:36.000]  But let me tell you what I'm thinking. And I want your advice for sure. The servicer bought it.
[01:42:36.000 --> 01:42:51.000]  The original lender from 2006 was out of business in 2008. The original lender within one year of 2006 actually sent me a letter.
[01:42:51.000 --> 01:42:59.000]  And I got a letter from another bank, in this case a big bank. And they said that they're now the servicer.
[01:42:59.000 --> 01:43:07.000]  And they're the ones that I dealt with over three failed workout attempts and all that stuff because, you know, they don't really want to do that.
[01:43:07.000 --> 01:43:18.000]  Anyway, this servicer was supposedly assigned by this bank to take over the servicing. Or I got a letter from them and a letter from the other.
[01:43:18.000 --> 01:43:32.000]  The servicer in 2013 files, like 13 days before the suit was filed, before the foreclosure suit was filed, they file a corporate assignment of mortgage.
[01:43:32.000 --> 01:43:36.000]  It says per – oh, here comes your moment.
[01:43:36.000 --> 01:43:44.000]  Hang on. We're about to go to break. This is Randy Kelton, Real Law Radio, call in number 512-646-1984.
[01:43:44.000 --> 01:43:48.000]  We might be a little late to call in. We're going to go into our last segment.
[01:43:48.000 --> 01:44:00.000]  And I'm sure Mark will take up that segment. But we'll be right back.
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[01:46:22.000 --> 01:46:31.000]  Okay, we are back. We're in the county of Rule of Law Radio, and we're talking to Mark in Texas.
[01:46:31.000 --> 01:46:33.000]  Okay, go ahead, Mark.
[01:46:33.000 --> 01:46:42.000]  Okay, so do. To formulate a question and get your insights, I have a servicer that prepared a corporate assignment of mortgage.
[01:46:42.000 --> 01:46:50.000]  It is signed by a known employee of the servicer. He's not a MERS employee. As we know, MERS doesn't have employees.
[01:46:50.000 --> 01:46:58.000]  It says something to the effect that this is being done by the original lender or MERS,
[01:46:58.000 --> 01:47:02.000]  which would be handling things for its successor and assigns.
[01:47:02.000 --> 01:47:10.000]  However, in this particular state, there's a Supreme Court ruling three years prior to this corporate assignment of mortgage that says
[01:47:10.000 --> 01:47:16.000]  MERS cannot act in the capacity of an assign or MERS can only record.
[01:47:16.000 --> 01:47:21.000]  MERS cannot do what they're doing in all the other states where they're bringing these things.
[01:47:21.000 --> 01:47:30.000]  So essentially what I have is a dead man filing a corporate assignment of mortgage through a servicer
[01:47:30.000 --> 01:47:36.000]  that is basically preparing the document and signing as though they have some authority to do it.
[01:47:36.000 --> 01:47:42.000]  There was, 13 days later, a suit filed past the statute of limitations.
[01:47:42.000 --> 01:47:49.000]  I won in 2014 with that argument, and then it was essentially turned back.
[01:47:49.000 --> 01:47:54.000]  They reopened the case, and then we went through some other shenanigans.
[01:47:54.000 --> 01:48:02.000]  And in June of this year, there was a judgment all the time. I had raised this issue of standing, and here we are.
[01:48:02.000 --> 01:48:13.000]  What I want to do, or this is where I sit, my judgment can be vacated at any time for a fraud upon the court.
[01:48:13.000 --> 01:48:17.000]  I had 90 days to make some kind of motion to reopen, and I missed that.
[01:48:17.000 --> 01:48:20.000]  But it can be vacated for a fraud upon the court.
[01:48:20.000 --> 01:48:31.000]  I think if I file an FDCPA suit, not attacking the plaintiff, but attacking the servicer for all these letters that they've sent me,
[01:48:31.000 --> 01:48:40.000]  $1,000 here, $1,000 there, I might, if I do that, have an opportunity to create some discovery
[01:48:40.000 --> 01:48:47.000]  that would bolster the idea that would literally prove that fraud exists here.
[01:48:47.000 --> 01:48:55.000]  I haven't done any kind of compliance audit, and it's pretty obvious on the face of the document that it's like that.
[01:48:55.000 --> 01:49:03.000]  Wait a minute. Have you considered a quiet tile action against the assignment?
[01:49:03.000 --> 01:49:11.000]  I don't think I can do it now, because based on the judgment, it has already, you're going to like this, isn't it?
[01:49:11.000 --> 01:49:17.000]  No, no, no. This is a document that's residing in the public record.
[01:49:17.000 --> 01:49:18.000]  Right.
[01:49:18.000 --> 01:49:22.000]  It's still residing in the public record.
[01:49:22.000 --> 01:49:24.000]  It is.
[01:49:24.000 --> 01:49:35.000]  And the only purpose of your suit is to correct the public record.
[01:49:35.000 --> 01:49:39.000]  Makes no difference what's happened later.
[01:49:39.000 --> 01:49:48.000]  This is in the public record, and you maintain that there's a document filed in the public record that's improperly filed.
[01:49:48.000 --> 01:49:49.000]  Okay.
[01:49:49.000 --> 01:49:53.000]  And you file a suit to correct the public record.
[01:49:53.000 --> 01:50:00.000]  Can I file a quiet title if I don't any longer have the property? It's not in my possession anymore.
[01:50:00.000 --> 01:50:16.000]  Yes. You just have to have, you had standing at the time, and as far as I know, you have standing based on the public record, the fact that it's public.
[01:50:16.000 --> 01:50:18.000]  Okay.
[01:50:18.000 --> 01:50:27.000]  You don't ask for any damages of any kind, strictly declaratory judgment just to correct the records.
[01:50:27.000 --> 01:50:44.000]  If I go in and look at a set of records and I find something wrong with them, I can file to have that corrected, because I have an interest in the validity of my public record.
[01:50:44.000 --> 01:50:48.000]  Okay. You're a good citizen. I love you, man.
[01:50:48.000 --> 01:50:50.000]  Such a guy. What a guy. What a guy.
[01:50:50.000 --> 01:51:15.000]  So you go in and file a very focused, very tightly focused quiet title action against that document and show that there is no chain of title between the original lender and this particular individual,
[01:51:15.000 --> 01:51:21.000]  because there's evidence that there were transfers that weren't filed in the record.
[01:51:21.000 --> 01:51:35.000]  And therefore, this person can't have, you just look at Arkansas law and write a real focused challenge to that particular document.
[01:51:35.000 --> 01:51:39.000]  I think I'd get an attorney if I heard you say you don't want to.
[01:51:39.000 --> 01:51:57.000]  It boxes the court in. If anybody brings any information outside that tightly focused argument objection, relevance, who holds squat or who has what interest, you don't care about any of that.
[01:51:57.000 --> 01:52:06.000]  You're just challenging the validity of this document based on the four corners of the document.
[01:52:06.000 --> 01:52:12.000]  Then let's say I win. It's a lot easier for the judge to rule.
[01:52:12.000 --> 01:52:30.000]  Yeah. And I'd have to see who, you know, what has been done. Is this the first assignment that's in the record?
[01:52:30.000 --> 01:52:36.000]  Yes, for the most part. I mean, the mortgage itself has MERS on it.
[01:52:36.000 --> 01:52:45.000]  Yeah, but was this assignment, this is the one that was filed after the original person died?
[01:52:45.000 --> 01:52:46.000]  Yes.
[01:52:46.000 --> 01:52:47.000]  Okay, so.
[01:52:47.000 --> 01:52:50.000]  In 2013, yeah.
[01:52:50.000 --> 01:53:00.000]  And so this one can't be valid because the original person is dead. And they'll say, well, the original person wasn't the holder. No, the original person has to be the holder.
[01:53:00.000 --> 01:53:07.000]  Because if the original person wasn't the holder, then the holder will be reflected in the record and they're not.
[01:53:07.000 --> 01:53:09.000]  That's right. Yes.
[01:53:09.000 --> 01:53:24.000]  So you maintain the court can't look past this record. And the reason for correcting this document is to keep the court from having to look outside this record to find who the true holder, the property is.
[01:53:24.000 --> 01:53:29.000]  Absent this, there's no point in having the county registrar at all.
[01:53:29.000 --> 01:53:30.000]  Question.
[01:53:30.000 --> 01:53:31.000]  Yes.
[01:53:31.000 --> 01:53:37.000]  If I file this now, will that overturn a void judgment then?
[01:53:37.000 --> 01:53:40.000]  No, no, it won't.
[01:53:40.000 --> 01:53:41.000]  Okay.
[01:53:41.000 --> 01:53:57.000]  But once you get the ruling, if you can get the judge to rule that this, yes, this is in fact void document, now you can go back, use that as res judicata.
[01:53:57.000 --> 01:54:04.000]  Once you got that ruling, when you go back into the court, the judge cannot revisit that ruling.
[01:54:04.000 --> 01:54:15.000]  That's a done deal. So you go in as res judicata, use that to, once you got the ruling, then you can go in and get that thing overturned.
[01:54:15.000 --> 01:54:19.000]  Or at least try to, it depends on how corrupt the courts are.
[01:54:19.000 --> 01:54:35.000]  Well, I'm concerned the courts could possibly say that it's already been ruled upon. I raised it as a defense and the plaintiff's attorney never affirmatively pled standing.
[01:54:35.000 --> 01:54:39.000]  They just said that I couldn't challenge that. I know there are other cases.
[01:54:39.000 --> 01:54:46.000]  Okay, that's good. There wasn't a ruling that the document was valid.
[01:54:46.000 --> 01:54:51.000]  There was merely a ruling that you couldn't challenge the document.
[01:54:51.000 --> 01:55:00.000]  There was an acceptance. The ruling is as nebulous as possible coming from the judge.
[01:55:00.000 --> 01:55:06.000]  And it was of course written by the plaintiff's attorneys themselves. But anyway.
[01:55:06.000 --> 01:55:13.000]  But if it doesn't clearly rule that the document is valid, then it's not res judicata.
[01:55:13.000 --> 01:55:14.000]  Okay.
[01:55:14.000 --> 01:55:18.000]  That would have had to have been done in a quiet title action anyway.
[01:55:18.000 --> 01:55:19.000]  Okay.
[01:55:19.000 --> 01:55:26.000]  To include the quiet title action in the suit, but it would have to be more specific to quiet title.
[01:55:26.000 --> 01:55:34.000]  Got it. Now I've got FDCPA violations and these are things that focus on the servicer.
[01:55:34.000 --> 01:55:40.000]  Do you think if I file an FDCPA lawsuit because the servicer sent me letters that they shouldn't have
[01:55:40.000 --> 01:55:48.000]  and they were using false and misleading information here in order to suggest that they could do that.
[01:55:48.000 --> 01:55:51.000]  Do you think that would help my quiet title suit?
[01:55:51.000 --> 01:55:55.000]  No, no, don't. I would not do that until I didn't.
[01:55:55.000 --> 01:55:59.000]  I wouldn't do anything else but the quiet title suit. You want it as low key as possible.
[01:55:59.000 --> 01:56:04.000]  More important than FDCPA. I was thinking if I filed FDCPA, I'd get a few thousand bucks.
[01:56:04.000 --> 01:56:10.000]  But I do discovery that allows me to come back and vacate. If I file FDCPA, I'd get actual damages too.
[01:56:10.000 --> 01:56:15.000]  Actual damages is over $200,000. That might be enough to be happy and walk away right there.
[01:56:15.000 --> 01:56:24.000]  If you get a ruling on quiet title, now your claims against the servicer are dead bang.
[01:56:24.000 --> 01:56:29.000]  I got it. Then I have fraud and treble damages, which is better.
[01:56:29.000 --> 01:56:36.000]  That gives you a really strong case. This is kind of a stealth move.
[01:56:36.000 --> 01:56:40.000]  You move in behind them and make a collateral attack on them.
[01:56:40.000 --> 01:56:46.000]  You attack what they will use to maintain their standing with.
[01:56:46.000 --> 01:57:01.000]  If there is no filing in the court after the original lender died, there's no one to notice.
[01:57:01.000 --> 01:57:15.000]  Because the person named in the quiet title, the only one who can be a party is the original holder.
[01:57:15.000 --> 01:57:23.000]  Because the person being appointed has nothing to do with filing in this document.
[01:57:23.000 --> 01:57:27.000]  So I don't need to notice the servicer?
[01:57:27.000 --> 01:57:36.000]  Just notice the company that filed it and they won't respond because they don't exist anymore.
[01:57:36.000 --> 01:57:44.000]  Okay. In that case, it makes sense. Although it says it was prepared by the servicer.
[01:57:44.000 --> 01:57:48.000]  It seems really crazy to me. I know we have just a couple more minutes.
[01:57:48.000 --> 01:57:57.000]  But on this issue, in my corporate assignment, it literally says prepared by servicer and it names the servicer.
[01:57:57.000 --> 01:58:04.000]  The person signing it. It doesn't identify them as a MERS VP or anything. They just do what they can.
[01:58:04.000 --> 01:58:09.000]  So the servicer is effectively assigning it to himself.
[01:58:09.000 --> 01:58:14.000]  Actually, the servicer assigned it to the plaintiff and the plaintiff supposedly brought the lawsuit.
[01:58:14.000 --> 01:58:18.000]  But there are documents online that say the plaintiff doesn't do this.
[01:58:18.000 --> 01:58:23.000]  And who bought it whenever there was a sale? The servicer.
[01:58:23.000 --> 01:58:25.000]  So here we are.
[01:58:25.000 --> 01:58:31.000]  Okay. I am sorry. We are out of time. This is Randy Kelton, Wheel of Law Radio.
[01:58:31.000 --> 01:58:38.000]  We'll be back next Thursday for our two-hour show and then Friday for our next four-hour in full marathon.
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