ROL_2016-04-01_16k_Hr3-4.timecode
[00:00.000 --> 00:05.840] The following newsflash is brought to you by the Lone Star Lowdown, providing your jelly
[00:05.840 --> 00:13.440] bulletins for the commodities market, today in history, news updates, and the inside scoop
[00:13.440 --> 00:21.280] into the tides of the alternative.
[00:21.280 --> 00:26.600] Markets for Wednesday, March 30, 2016, are currently treading with gold at $1,227.66
[00:26.600 --> 00:34.040] an ounce, silver $15.20 an ounce, Texas crude $38.28 a barrel, and Bitcoin is currently
[00:34.040 --> 00:43.160] sitting at about $412 U.S. currency.
[00:43.160 --> 00:49.280] Today in history, the year 1870, Texas becomes the last Confederate state remitted to the
[00:49.280 --> 00:50.280] Union.
[00:50.280 --> 00:55.400] Though the new state constitution wasn't approved until 1876, Texas formerly part of the Confederacy
[00:55.400 --> 01:02.080] was admitted into the Union, today in history.
[01:02.080 --> 01:05.320] In recent news, the Federal Trade Commission announced today its efforts to crack down
[01:05.320 --> 01:06.840] on fake cancer charities.
[01:06.840 --> 01:11.240] The Cancer Fund of America, Cancer Support Services, and their leader, James Reynolds,
[01:11.240 --> 01:15.840] including Reynolds Sr., will have to surrender an undisclosed amount of their personal assets
[01:15.840 --> 01:18.560] as part of a settlement with the FTC and states.
[01:18.560 --> 01:22.960] These reported nonprofits agreed to be permanently dissolved and their assets liquidated.
[01:22.960 --> 01:27.680] This is also prohibited for life from managing charitable assets or being part of a charity's
[01:27.680 --> 01:30.120] board or a trustee.
[01:30.120 --> 01:35.320] Apparently according to the FTC, of more than the $75 million the charities raised, a vast
[01:35.320 --> 01:39.320] majority of these funds were going to the charity's organizers and their friends with
[01:39.320 --> 01:44.060] a measly percentage, less than five, going to actual patients and research.
[01:44.060 --> 01:49.040] To make matters worse, an estimated 85% of the millions were spent on fundraising for
[01:49.040 --> 01:50.360] the scheme itself.
[01:50.360 --> 01:54.660] The charity's remaining assets will first go to pay the state's litigation fees, afterward
[01:54.660 --> 01:59.880] to actual legitimate charities the state selects, though an FTC spokesman did state in an email
[01:59.880 --> 02:08.480] that if there's any money left, it would probably be a very small amount.
[02:08.480 --> 02:12.620] After more than six years in development, IBM's TrueNorth brain-inspired processor
[02:12.620 --> 02:16.460] will be put to the test at the Lawrence Livermore National Lab.
[02:16.460 --> 02:21.420] They purchased IBM's Neuromorphic System, a brain-inspired program based on the TrueNorth
[02:21.420 --> 02:22.420] chip.
[02:22.420 --> 02:26.760] The California Research Lab is set to use it to help the National Nuclear Security Administration
[02:26.760 --> 02:28.840] battle cybersecurity issues.
[02:28.840 --> 02:34.360] Consuming just 2.5 watts of power, the same as a tablet computer, the Neuromorphic System
[02:34.360 --> 02:40.320] can process the equivalent of 16 million neurons and 4 billion synapses, containing only 16
[02:40.320 --> 02:42.000] of these TrueNorth chips.
[02:42.000 --> 02:47.200] IBM Chief Scientist Dharmendra Modha stated that the delivery of this advanced computing
[02:47.200 --> 02:52.920] platform represents a major milestone as we enter the next era of cognitive computing.
[02:52.920 --> 03:12.760] This is Rick Rode with your Lowdown for March 30, 2016.
[03:12.760 --> 03:32.160] Okay, we are back, Randy Kelton, we were already here and we're talking to Chris in Pennsylvania.
[03:32.160 --> 03:35.920] Okay, Chris, we were about done here.
[03:35.920 --> 03:36.920] Where were we?
[03:36.920 --> 03:43.360] We were talking, I had another flash of...
[03:43.360 --> 03:48.960] We were talking about the FDCPA, if that was even a formidable thing, if they have to start
[03:48.960 --> 03:56.200] this over again, do we make that statement to the judge that this, you know, no assignment
[03:56.200 --> 04:02.400] is possible since they're a servicer or a debt collector attempting to take assignment
[04:02.400 --> 04:05.480] of mortgage while in default?
[04:05.480 --> 04:08.160] Well, they can do that.
[04:08.160 --> 04:09.160] Okay.
[04:09.160 --> 04:16.920] They can, but when they do, then you need to send a qualified written request.
[04:16.920 --> 04:17.920] We've already done that.
[04:17.920 --> 04:26.840] Oh, wait, you got a new servicer, a new servicer, a new qualified written request.
[04:26.840 --> 04:30.080] Okay, so we get a new servicer?
[04:30.080 --> 04:36.960] Yeah, if they change servicers, you get to file another qualified written request.
[04:36.960 --> 04:40.080] Okay, well, they wouldn't change servicers, would they?
[04:40.080 --> 04:41.760] It would still be Wells Fargo.
[04:41.760 --> 04:43.120] Oh, no.
[04:43.120 --> 04:47.400] See, Wells Fargo now is not the servicer and that's the whole point.
[04:47.400 --> 04:51.960] They're the servicer for a different loan.
[04:51.960 --> 05:00.480] So now they would have to be assigned as the servicer for the deed of trust, for the loan
[05:00.480 --> 05:05.280] that the deed of trust is securing.
[05:05.280 --> 05:09.600] Right now they're the servicer for the construction loan that doesn't exist.
[05:09.600 --> 05:10.600] Right.
[05:10.600 --> 05:14.760] So who would they get that servicing right from?
[05:14.760 --> 05:15.760] Good question.
[05:15.760 --> 05:20.560] That's why we send them a qualified written request and debt validation letter.
[05:20.560 --> 05:23.360] Okay, another one.
[05:23.360 --> 05:31.280] And I just happen to have one that includes a notice of rescission.
[05:31.280 --> 05:34.400] Okay.
[05:34.400 --> 05:45.000] Just for the heck of it, but see now if the judge rules that they're the servicer for
[05:45.000 --> 05:50.960] this construction loan and the construction loan has been paid off, then they're not the
[05:50.960 --> 05:53.640] servicer for the active loan.
[05:53.640 --> 05:54.640] Right.
[05:54.640 --> 05:59.600] Nor is there a lender for the active loan that's been charged into bankruptcy.
[05:59.600 --> 06:03.960] So they would have to be appointed as servicer.
[06:03.960 --> 06:07.680] So when they come back and say, oh, I was appointed as servicer, you're going to say,
[06:07.680 --> 06:13.480] hold on, guys, here's my debt validation letter.
[06:13.480 --> 06:16.520] Show me that you are the servicer.
[06:16.520 --> 06:21.480] Show me how you got appointed as servicer by a dead guy.
[06:21.480 --> 06:23.520] Right.
[06:23.520 --> 06:33.000] I have an, send me an email, I'll send you an argument, I just filed, a friend of mine,
[06:33.000 --> 06:37.920] we filed it in the San Diego court.
[06:37.920 --> 06:45.840] This case exactly mirrors Enova, and Enova is a California case that just said that you
[06:45.840 --> 06:49.280] have a right to challenge the assignment.
[06:49.280 --> 06:56.560] His mirrored the Enova case except for a minor issue on that.
[06:56.560 --> 07:04.960] But the claim Enova made was the assignment was void and not voidable, it was void on
[07:04.960 --> 07:12.120] its face because the assignment was made by MERS purportedly for a company that wasn't
[07:12.120 --> 07:15.280] in business.
[07:15.280 --> 07:24.000] And we made the argument, the same argument in ours saying that in 2007, American Brokers
[07:24.000 --> 07:31.800] conduit was a person under law, they're legally defined as a person.
[07:31.800 --> 07:36.400] So in 2008, that person died.
[07:36.400 --> 07:42.240] But since the person was a legal fiction, when this person dies, their assets don't
[07:42.240 --> 07:45.520] go into probate.
[07:45.520 --> 07:51.920] So if a person is a legal fiction and they're going to die, they have to transfer their
[07:51.920 --> 07:56.760] assets to someone else before they die.
[07:56.760 --> 08:00.240] But American Brokers conduit didn't do that.
[08:00.240 --> 08:10.600] So how does American Brokers conduit get resurrected from the dead five years later
[08:10.600 --> 08:18.200] in order to direct MERS to dispose of its assets?
[08:18.200 --> 08:27.480] A claim is that when the legal person died without transferring its claim to someone
[08:27.480 --> 08:33.520] else, the claim was abandoned.
[08:33.520 --> 08:34.520] Does that make sense?
[08:34.520 --> 08:36.520] That makes total sense.
[08:36.520 --> 08:43.320] I will send you that argument because we have that in front of the Court of Appeals in California
[08:43.320 --> 08:46.000] right now.
[08:46.000 --> 08:51.200] The argument we're making is we're trying to get them to distinguish Enova.
[08:51.200 --> 08:52.200] Right.
[08:52.200 --> 08:58.680] And Enova said that after foreclosure, you can challenge this.
[08:58.680 --> 08:59.680] You have standing.
[08:59.680 --> 09:10.640] And we're saying that after foreclosure should be read to mean after the initiation of foreclosure,
[09:10.640 --> 09:20.800] not after the person's been evicted because when there's an assignment and there's no
[09:20.800 --> 09:26.960] action concerning the borrower, the borrower hasn't been harmed by the assignment.
[09:26.960 --> 09:33.760] But when the assignee files a notice of default and notice of acceleration in the public record,
[09:33.760 --> 09:38.080] now the borrower has been harmed.
[09:38.080 --> 09:44.440] Now he has standing concerning that transaction because the party transferred to just harmed
[09:44.440 --> 09:48.520] him by filing a notice of acceleration in the court.
[09:48.520 --> 09:57.320] So the question to the court is, how does my legal standing change from the time they
[09:57.320 --> 10:03.720] file a notice of acceleration until the time they sell the property?
[10:03.720 --> 10:08.600] What Enova is read to mean is after they sell the property, my right accrues.
[10:08.600 --> 10:13.880] Well, we're saying we're harmed with the notice of acceleration because every lawyer in the
[10:13.880 --> 10:16.800] country is sending us deadbeat letters.
[10:16.800 --> 10:22.680] So we can help you save money, you're absolutely broke, we can tell that.
[10:22.680 --> 10:24.720] So we need to help you file for bankruptcy.
[10:24.720 --> 10:28.560] Well, that's slander or liable.
[10:28.560 --> 10:33.000] So we've been liable if this was an improper filing.
[10:33.000 --> 10:35.320] Now we should have standing to fight this thing.
[10:35.320 --> 10:43.760] And we're trying to get them to say after foreclosure means after the foreclosure begins.
[10:43.760 --> 10:46.960] That's my story and I'm sticking to it.
[10:46.960 --> 10:47.960] Okay.
[10:47.960 --> 10:48.960] It's a little off subject.
[10:48.960 --> 10:57.160] No, that's perfectly on the subject because the more people you get to put into that being
[10:57.160 --> 11:04.240] case law, the more it can be used and it's something that should be fought.
[11:04.240 --> 11:13.680] In your case, right now, if the judge rules that they have the wrong mortgage, then there
[11:13.680 --> 11:16.960] is no servicer for the correct mortgage.
[11:16.960 --> 11:17.960] Correct.
[11:17.960 --> 11:24.240] And in Pennsylvania, Pennsylvania is a race state and I have no servicer and I have no
[11:24.240 --> 11:29.640] mortgagee and that's the only thing standing because the debt was discharged in bankruptcy
[11:29.640 --> 11:34.880] and I go down to the prothonotary's office with the trust deed to the property that we
[11:34.880 --> 11:41.760] own and make a claim to the property since there is no one else there to make a claim
[11:41.760 --> 11:49.960] at that point and I'm first to the prothonotary's office, would my claim stick?
[11:49.960 --> 11:50.960] You don't need to.
[11:50.960 --> 11:53.920] You already have a warranty deed.
[11:53.920 --> 11:55.200] Right.
[11:55.200 --> 11:56.200] We own the property.
[11:56.200 --> 11:57.200] Yeah.
[11:57.200 --> 11:58.200] We have the deed to the property.
[11:58.200 --> 11:59.200] You own the property.
[11:59.200 --> 12:00.200] Right.
[12:00.200 --> 12:05.760] Somebody else is going to have to step forward with standing to enforce a claim against the
[12:05.760 --> 12:06.760] property.
[12:06.760 --> 12:07.760] Correct.
[12:07.760 --> 12:14.400] If these guys fall short in this regard and it sounds like the court's calling them to
[12:14.400 --> 12:22.600] task on it, then there's no way they can get an assignment at this point.
[12:22.600 --> 12:24.640] Right.
[12:24.640 --> 12:33.400] I would suggest you file a, have you filed a quiet title action against this mortgage?
[12:33.400 --> 12:39.480] I'm almost finished with writing it and we're going to file it by the end of the week.
[12:39.480 --> 12:40.480] Wonderful.
[12:40.480 --> 12:46.080] I would, who are you going to name?
[12:46.080 --> 12:52.040] Well, if I have to name every party who's taken or who's been, I've been told is a
[12:52.040 --> 12:53.040] party to this.
[12:53.040 --> 12:56.320] No, no, no, hold on, hold on.
[12:56.320 --> 13:05.200] Hey, just, just for the record, I'm also a party and, and, and, and so is my producer
[13:05.200 --> 13:06.400] over here, Robert.
[13:06.400 --> 13:10.480] He's a party too.
[13:10.480 --> 13:17.680] How am I less a party than the person who's trying to foreclose right now?
[13:17.680 --> 13:18.680] Right.
[13:18.680 --> 13:28.960] Who, as far as I can tell, there's only one party to the contract and that's the party
[13:28.960 --> 13:33.120] whose name is on the contract.
[13:33.120 --> 13:37.840] I would name only the party who's on the contract.
[13:37.840 --> 13:46.000] And if somebody else wants to exert a claim, then you ask for a proof of hearing.
[13:46.000 --> 13:52.760] I certainly would not stipulate that anyone is a party other than the original lender.
[13:52.760 --> 13:56.920] Well, the original lender would be Wachovia.
[13:56.920 --> 14:09.240] Or a party to whom Wachovia legitimately assigned the security instrument.
[14:09.240 --> 14:10.640] Is there such a party?
[14:10.640 --> 14:16.360] Well, there isn't anyone that we can think of because no one's been assigned the mortgage.
[14:16.360 --> 14:19.640] They've been assigned a continuity construction loan.
[14:19.640 --> 14:25.760] So there is no other interested party.
[14:25.760 --> 14:34.000] If somebody wants to come along and intervene, then good luck with that, guys, you know,
[14:34.000 --> 14:39.080] you're going to legally tell them, butt out of my business or prove up your position.
[14:39.080 --> 14:42.000] You've got them in the exact position you want them in.
[14:42.000 --> 14:43.000] Right.
[14:43.000 --> 14:46.840] Now, my only worry with that is that, you know, the judge may look at this as though
[14:46.840 --> 14:53.280] we're trying to prolong the foreclosure case and may rule against the quiet title for that
[14:53.280 --> 14:54.280] reason.
[14:54.280 --> 15:00.560] No, no, that's none of the... foreclosure is none of the judge's business.
[15:00.560 --> 15:01.560] Okay.
[15:01.560 --> 15:03.560] It's not relevant.
[15:03.560 --> 15:04.560] Okay.
[15:04.560 --> 15:10.040] This only goes to the validity of that document.
[15:10.040 --> 15:11.040] Okay.
[15:11.040 --> 15:17.560] So then we don't claim anyone in the quiet title and just open it up for anyone to come
[15:17.560 --> 15:20.560] to claim.
[15:20.560 --> 15:27.520] Well, you send a public notice, you file a public notice to Wachovia, but Wachovia doesn't
[15:27.520 --> 15:28.520] exist anymore.
[15:28.520 --> 15:29.520] Right.
[15:29.520 --> 15:36.840] And Wachovia, when they went out of business, they didn't assign their interest to anyone
[15:36.840 --> 15:50.280] and your... the claim of the quiet title is, is that the claim of Wachovia became void
[15:50.280 --> 15:55.280] when Wachovia ceased to exist without assigning the claim to someone else.
[15:55.280 --> 15:56.280] Okay.
[15:56.280 --> 16:02.760] That someone... then it's up to someone else to come forward and show that there was an
[16:02.760 --> 16:12.400] assignment and as I understand in Pennsylvania, it's statutory that they must file it.
[16:12.400 --> 16:14.520] Correct.
[16:14.520 --> 16:15.520] But with...
[16:15.520 --> 16:16.520] And you...
[16:16.520 --> 16:22.400] What just happened with Nancy Becker's case was that those assignments are not unlawful
[16:22.400 --> 16:28.120] to not record, but that they just don't record interest in the loan.
[16:28.120 --> 16:29.600] Now, wait a minute.
[16:29.600 --> 16:30.600] I was...
[16:30.600 --> 16:31.600] Okay.
[16:31.600 --> 16:32.600] They're saying that...
[16:32.600 --> 16:42.000] I understood from Ms. Leslie that there were statutory required to them to file their claim.
[16:42.000 --> 16:43.000] They are.
[16:43.000 --> 16:44.000] But the...
[16:44.000 --> 16:45.000] Then...
[16:45.000 --> 16:46.000] Okay.
[16:46.000 --> 16:51.840] Then the issue is, is they violated the law relating to the contract, repudiated it.
[16:51.840 --> 17:01.560] Hang on, Randy Kelton, Rue of Law Radio, we'll be right back.
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[19:00.360 --> 19:18.080] Well, don't let nothing get to you, only the father can deliver you, don't let bad
[19:18.080 --> 19:27.200] mind people hurt you, until Satan get behind you, you know what I mean, my friend, now
[19:27.200 --> 19:36.280] you're a good father, you know what I mean.
[19:36.280 --> 19:52.320] My friend, now you're a good father, you know what I mean, my friend, now you're a good
[19:52.320 --> 19:58.620] Is there a legal requirement to file a claim against real property?
[19:58.620 --> 20:02.740] Okay, it's required.
[20:02.740 --> 20:04.400] Is it statutory?
[20:04.400 --> 20:05.400] Yes.
[20:05.400 --> 20:13.000] I mean, unlike Texas, in Texas you don't have to file if you don't want to.
[20:13.000 --> 20:16.960] Are you required statutorily to file in Pennsylvania?
[20:16.960 --> 20:22.000] Yes, under the statutes of fraud.
[20:22.000 --> 20:23.680] Okay, good.
[20:23.680 --> 20:32.840] So Chris, the claim you make is one of breach of contract.
[20:32.840 --> 20:44.560] The mortgage is probably covenant 15, 14 or 15, is the severability and controlling law
[20:44.560 --> 20:50.720] clause, where both parties agree to abide by all relevant law.
[20:50.720 --> 21:01.440] And you have a law that requires them to file a notice of claim with the county recorder.
[21:01.440 --> 21:06.800] You claim that by failing to file that notice of claim, they breach the contract, even if
[21:06.800 --> 21:09.680] they could show they had standing.
[21:09.680 --> 21:14.840] The security instruments avoid in any case.
[21:14.840 --> 21:15.840] Okay.
[21:15.840 --> 21:18.840] Does that make sense?
[21:18.840 --> 21:19.840] Right.
[21:19.840 --> 21:26.960] It's one place I don't see a lot of people going is breach of contract.
[21:26.960 --> 21:29.520] And that's a really simple argument.
[21:29.520 --> 21:33.760] So you agreed to do this thing.
[21:33.760 --> 21:39.880] We granted you this privilege of a claim against the property on the condition that you abide
[21:39.880 --> 21:44.680] by these covenants where you defaulted on the covenant.
[21:44.680 --> 21:49.720] And now you want to come to us and say, we defaulted on a covenant after you had already
[21:49.720 --> 21:50.720] defaulted.
[21:50.720 --> 21:55.720] Your default effected a repudiation of the contract.
[21:55.720 --> 22:01.200] You cannot now come and claim the privilege granted on the condition of a covenant that
[22:01.200 --> 22:02.200] you violated.
[22:02.200 --> 22:10.560] That should be pretty simple for a judge to wrap his head around.
[22:10.560 --> 22:20.080] And the ruling does not extend beyond the limits of this particular case.
[22:20.080 --> 22:24.040] It's not a ruling that changes the world as he knows it.
[22:24.040 --> 22:31.600] It's a fact-based ruling on this particular case, a lot easier for the judge to make.
[22:31.600 --> 22:32.600] Randy?
[22:32.600 --> 22:33.600] Yes, ma'am.
[22:33.600 --> 22:34.600] Okay.
[22:34.600 --> 22:43.440] Under 18 of the Pennsylvania statutes, it's the criminal code of 4911.
[22:43.440 --> 22:49.160] It means that what it does is if you put in a false instrument or an instrument that does
[22:49.160 --> 22:55.920] not relay what actually happened, it means if it misses in their reading assignments,
[22:55.920 --> 22:57.960] that's a falsehood.
[22:57.960 --> 23:00.200] And that's what's illegal there.
[23:00.200 --> 23:04.240] Oh, so- You get seven years in prison.
[23:04.240 --> 23:08.600] Well, what if they don't file anything at all?
[23:08.600 --> 23:16.160] If they don't file any assignments, then it comes under 625, which it says that the Recruiter
[23:16.160 --> 23:27.520] of Deeds has to have an updated record of all parties interested in the mortgage itself.
[23:27.520 --> 23:29.080] Oh, okay.
[23:29.080 --> 23:37.520] So Pennsylvania law doesn't statutorily require them to file the update.
[23:37.520 --> 23:42.600] It just limits their rights if they don't file the update, is that correct?
[23:42.600 --> 23:43.600] Yes.
[23:43.600 --> 23:44.600] Okay.
[23:44.600 --> 23:47.560] I was- That's why I was raising this question.
[23:47.560 --> 23:51.800] I was under the impression that they were required to make the filing.
[23:51.800 --> 23:58.280] Well, if they don't do it within six months, they cannot transfer it to another party.
[23:58.280 --> 24:05.400] And if they don't record it within 90 days, anybody else that has a claim doesn't have
[24:05.400 --> 24:07.520] to include them.
[24:07.520 --> 24:11.280] It means that- Did you get that, Chris?
[24:11.280 --> 24:13.280] Their claim over anybody else.
[24:13.280 --> 24:14.280] Yep.
[24:14.280 --> 24:15.280] Yep.
[24:15.280 --> 24:16.280] Okay.
[24:16.280 --> 24:17.760] That was- Thank you, Ms. Leslie.
[24:17.760 --> 24:20.160] That's exactly what Chris needed.
[24:20.160 --> 24:21.160] Yep.
[24:21.160 --> 24:22.160] I've spoken with Leslie.
[24:22.160 --> 24:23.160] Title 21.
[24:23.160 --> 24:24.160] Yep.
[24:24.160 --> 24:31.680] Leslie and I have spoken about this for quite some time, and we were looking at this.
[24:31.680 --> 24:42.200] Now, my question is to when, how do you determine, in the Novo case in California, how do you
[24:42.200 --> 24:46.240] determine that a bank is no longer in business?
[24:46.240 --> 24:52.920] What is it that sets it apart from just saying that they went bankrupt, whatever?
[24:52.920 --> 24:59.000] Is there a charter- Yes, you check that they are registered to
[24:59.000 --> 25:00.000] do business.
[25:00.000 --> 25:06.400] Either they are a national association and they'll be registered with the federal government
[25:06.400 --> 25:11.480] to do business, or they must be registered with the state to do business.
[25:11.480 --> 25:19.080] Generally, the way I tell, like with American Brokers Conduit, is I did a search form online
[25:19.080 --> 25:23.800] and I found an article where they were dissolved in bankruptcy in 2008.
[25:23.800 --> 25:24.800] Right.
[25:24.800 --> 25:34.200] The bankruptcy court, you know, put them out of business, they got another article about
[25:34.200 --> 25:45.400] where they tried to retain part of their servicing, but they had to shut it all down and laid
[25:45.400 --> 25:51.040] off all of their employees, and some of the executives were trying to find their employees
[25:51.040 --> 25:53.240] new places to work.
[25:53.240 --> 25:59.280] That was enough to establish that the company is out of business, and I can't find them
[25:59.280 --> 26:05.520] registered to do business anywhere, and like in this case, you don't have to establish
[26:05.520 --> 26:12.560] that Wachovia was out of business, I mean the government shut them down.
[26:12.560 --> 26:22.760] Right, well in their trial against the laundering drug money, they paid a heavy fine, and along
[26:22.760 --> 26:28.400] with that, they lost their banking charter, so that put them...
[26:28.400 --> 26:32.280] They may still be in business somehow, but they're not in the banking business anymore.
[26:32.280 --> 26:38.400] Right, so they can't do mortgages, they're not allowed to do investments, I mean the
[26:38.400 --> 26:40.800] banking business dictates a charter.
[26:40.800 --> 26:45.480] But that doesn't mean they can't retain their assets.
[26:45.480 --> 26:48.760] Right, right, okay.
[26:48.760 --> 26:49.760] Does Wachovia...
[26:49.760 --> 27:05.600] Okay, Wachovia, apparently all of its assets were transferred to Wells Fargo, but like
[27:05.600 --> 27:14.880] Ms. Leslie said, they had six months to file notice of that transfer in the public record,
[27:14.880 --> 27:18.680] and they didn't.
[27:18.680 --> 27:24.000] So you don't really have to establish that Wachovia is not in business, nobody's going
[27:24.000 --> 27:33.080] to challenge that, and then when Wells Fargo tries to step forward and say, well we hold
[27:33.080 --> 27:36.320] the assets, well maybe you do.
[27:36.320 --> 27:46.560] But to quote Judge Shipman in Denton County, when I quoted an attorney general's opinion
[27:46.560 --> 27:51.200] to him, he said, quite frankly, Mr. Kelton, as far as this court is concerned, you can
[27:51.200 --> 27:54.280] use that for toilet paper.
[27:54.280 --> 28:00.160] So if Wells Fargo actually has, actually holds the security instrument, they didn't file
[28:00.160 --> 28:04.840] it with the clerk within six months, so they can use it for toilet paper.
[28:04.840 --> 28:05.840] Randy?
[28:05.840 --> 28:06.840] Yes ma'am?
[28:06.840 --> 28:07.840] Am I correct there?
[28:07.840 --> 28:17.840] Yes, you are correct, because they can hold the instrument, and they can collect on the
[28:17.840 --> 28:21.560] instrument, but they cannot use it in court, because what they want to do is foreclose
[28:21.560 --> 28:26.520] and transfer it, and under the law, if they haven't recorded it in six months, they cannot
[28:26.520 --> 28:30.680] transfer it to anybody else.
[28:30.680 --> 28:34.120] You see the catch there?
[28:34.120 --> 28:40.120] Oh, so they have, okay, this creates a conundrum for them.
[28:40.120 --> 28:46.240] They have a claim they can't collect, but because they didn't record it, they can't
[28:46.240 --> 28:47.920] sell their claim to somebody else.
[28:47.920 --> 28:48.920] They can't...
[28:48.920 --> 28:49.920] Exactly.
[28:49.920 --> 28:58.160] They can't come to the court, and foreclose on the property, and then dispose of it.
[28:58.160 --> 28:59.160] No.
[28:59.160 --> 29:05.520] So all they can do is sit there and wait until their statute of limitation runs out, and
[29:05.520 --> 29:08.520] then go home.
[29:08.520 --> 29:13.840] Does that sound cool, Chris?
[29:13.840 --> 29:16.920] The best thing I've heard all day.
[29:16.920 --> 29:21.280] Okay, I think we're in good shape.
[29:21.280 --> 29:22.720] Yeah.
[29:22.720 --> 29:29.640] Just to let the court know that Ms. Leslie is helping you, and they will run for the
[29:29.640 --> 29:30.640] hills.
[29:30.640 --> 29:31.640] Okay, hang on.
[29:31.640 --> 29:32.640] We're about to go for a break.
[29:32.640 --> 29:33.640] Do you have anything else, Chris?
[29:33.640 --> 29:34.640] No, that was it.
[29:34.640 --> 29:35.640] Thank you very much, Randy.
[29:35.640 --> 29:36.640] Thank you, Leslie.
[29:36.640 --> 29:37.640] Okay.
[29:37.640 --> 29:38.640] Thank you, Chris.
[29:38.640 --> 29:39.640] Okay.
[29:39.640 --> 29:40.640] We will pick this back up again.
[29:40.640 --> 29:54.160] Randy Kelton, Reel's Law Radio, our call-in number, 512-646-1984, we'll be right back.
[29:54.160 --> 30:05.840] Put down that soda and back away.
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[33:24.760 --> 33:25.760] Okay.
[33:25.760 --> 33:26.760] We are back.
[33:26.760 --> 33:30.800] Randy Kelton, Rule of Law Radio, and we're talking to Leslie in Pennsylvania.
[33:30.800 --> 33:36.760] Leslie, did you just call in to comment on Chris's issue or did you have a question or
[33:36.760 --> 33:37.760] comment?
[33:37.760 --> 33:38.760] Oops.
[33:38.760 --> 33:39.760] Try that again.
[33:39.760 --> 33:40.760] Okay.
[33:40.760 --> 33:41.760] Now you're un-muted.
[33:41.760 --> 33:48.000] Somehow my un-mute button is not working too good.
[33:48.000 --> 33:50.480] We have other stuff going on here.
[33:50.480 --> 33:58.160] We have gotten an opinion from the court after we sent in our statement of errors for our
[33:58.160 --> 33:59.160] appeal.
[33:59.160 --> 34:05.920] And it's funny, it's actually laughable, believe it or not.
[34:05.920 --> 34:10.960] And then when I discussed this judge with my attorney, he said that he's really under
[34:10.960 --> 34:17.840] the ball because he's corrupt, to put it mildly.
[34:17.840 --> 34:23.160] We said that there was an error because they didn't, they failed to include Fannie Mae
[34:23.160 --> 34:30.840] as the owner of the note, who isn't involved in the, what do you call it, the foreclosure.
[34:30.840 --> 34:35.520] And he didn't address that at all in his order and opinion.
[34:35.520 --> 34:39.320] That's a denial of due process.
[34:39.320 --> 34:40.320] Okay.
[34:40.320 --> 34:41.320] Yes.
[34:41.320 --> 34:46.680] Then it says the court committed an error of law by allowing the plaintiff to use an
[34:46.680 --> 34:51.240] assignment of mortgage that's a statutory forgery, that the lender did not have, the
[34:51.240 --> 34:55.280] assigning lender did not have any participation in the assignment of mortgage and approved
[34:55.280 --> 35:00.840] it by their own mouth and mortgage electronic registration system.
[35:00.840 --> 35:06.320] And they're saying that it's a, it's not, it doesn't matter that it's a forgery because
[35:06.320 --> 35:11.880] it's not a statutory forgery since it was executed five years after the loan, even though
[35:11.880 --> 35:19.080] it says it's 2012 and it transferred in 2007, they said this argument is maritalist, but
[35:19.080 --> 35:24.640] they did not address the assigning lender having no participation.
[35:24.640 --> 35:30.960] And we've got documentation on that because they said in court they had nothing whatsoever
[35:30.960 --> 35:34.120] to do with the assignment of mortgage.
[35:34.120 --> 35:41.760] So then we put in that the court committed a, what do you call it, an error?
[35:41.760 --> 35:43.360] Percival error?
[35:43.360 --> 35:44.360] Yeah.
[35:44.360 --> 35:50.240] Because they, the defendants, that's us, owned the mortgage and note by operation of law
[35:50.240 --> 35:53.200] because it was rescinded in 2010.
[35:53.200 --> 36:01.960] And they're saying that violations of TILA is not, Pennsylvania courts hold that a violation
[36:01.960 --> 36:09.120] of TILA is not permissible counterclaim in a mortgage foreclosure suit.
[36:09.120 --> 36:16.880] And we rescinded not only under TILA, but under the Pennsylvania, what do you call it,
[36:16.880 --> 36:20.000] rescission statute.
[36:20.000 --> 36:25.080] And we said the court committed error by plaintiffs proceeding without standing and we said they
[36:25.080 --> 36:36.080] had, we had no standing to challenge the standing of the assignee.
[36:36.080 --> 36:41.440] Is there any ruling similar to ENOVA in Pennsylvania?
[36:41.440 --> 36:44.320] I wish there was, I don't know.
[36:44.320 --> 36:48.680] If there's not one under full facing credit, you should be able to bring it in.
[36:48.680 --> 36:49.680] Yeah.
[36:49.680 --> 36:58.920] Because it's just, it's so goofy, you know, he didn't address the other one because the
[36:58.920 --> 37:05.000] lawyer said we could get them by default, the one about Fannie Mae because they didn't
[37:05.000 --> 37:11.680] include the lender, you know, the owner of the mortgage loan and because of the forgery
[37:11.680 --> 37:20.160] that mortgage IT stated that they had no participation in the mortgage assignment.
[37:20.160 --> 37:25.560] Regardless of that, it was five years out of time and the statute specifically says
[37:25.560 --> 37:31.280] that if it says that it happened at one date and it happened at another, it's a forgery.
[37:31.280 --> 37:34.560] That's in the law.
[37:34.560 --> 37:37.000] So it's a statutory forgery.
[37:37.000 --> 37:44.160] Yeah, under two counts, but he forgot to mention the other count where it's by a party that
[37:44.160 --> 37:48.640] had no interest to transfer.
[37:48.640 --> 37:52.520] You should move to disqualify the judge.
[37:52.520 --> 37:53.520] I think so.
[37:53.520 --> 37:59.080] The judge, he may be disqualified in the end anyway because he may be on the bench longer
[37:59.080 --> 38:00.080] according to my attorney.
[38:00.080 --> 38:02.080] He said he's in real hot water.
[38:02.080 --> 38:03.080] Oh, good.
[38:03.080 --> 38:07.760] See if you can heat it up for him.
[38:07.760 --> 38:11.800] Okay, okay.
[38:11.800 --> 38:17.200] If you have your opponent down on the ropes, he's stuck in the corner with his arms over
[38:17.200 --> 38:23.240] the ropes and his legs sproutled out in front of him, what do you do?
[38:23.240 --> 38:25.200] Kick him where it hurts.
[38:25.200 --> 38:26.200] No quarter.
[38:26.200 --> 38:27.200] Yeah.
[38:27.200 --> 38:28.200] So here's hoping.
[38:28.200 --> 38:37.280] And of course, as always, I've got a couple of issues in the hole that we haven't played
[38:37.280 --> 38:38.280] yet.
[38:38.280 --> 38:39.280] Okay.
[38:39.280 --> 38:42.280] Now you got my attention.
[38:42.280 --> 38:50.440] Well, it seems there's another mortgage that was entered into after the rescission, after
[38:50.440 --> 38:57.240] the respocation of mortgage, because after we rescinded, we allowed for a year and then
[38:57.240 --> 39:02.280] we put in a revocation of mortgage, that we revoke the mortgage, we had rescinded it,
[39:02.280 --> 39:03.280] et cetera.
[39:03.280 --> 39:04.760] Then we got another mortgage.
[39:04.760 --> 39:11.280] So what's going to happen is we're going to have the other mortgage file a quiet title
[39:11.280 --> 39:15.000] action against the foreclosing.
[39:15.000 --> 39:18.000] The first one.
[39:18.000 --> 39:25.800] Now, okay, this is a subsequent mortgage holder.
[39:25.800 --> 39:27.400] That should be interesting.
[39:27.400 --> 39:35.960] Yeah, that's what the lawyer loves, he says, oh, this is getting better.
[39:35.960 --> 39:44.960] So either way, because if worse comes to worse, we'll just assign it to the other lender.
[39:44.960 --> 39:47.960] Let's screw it all.
[39:47.960 --> 39:54.240] We can run it from them.
[39:54.240 --> 39:59.080] We were intended to give it to him anyway.
[39:59.080 --> 40:08.640] That's an interesting conundrum.
[40:08.640 --> 40:15.280] You rescinded the original mortgage, so the original mortgage should have disappeared.
[40:15.280 --> 40:16.280] Right.
[40:16.280 --> 40:24.200] We gave it a year before we got another one.
[40:24.200 --> 40:35.680] And after you rescinded, did the lender with whom you rescinded file an opposition to the
[40:35.680 --> 40:36.680] rescindion?
[40:36.680 --> 40:37.680] No.
[40:37.680 --> 40:38.680] No.
[40:38.680 --> 40:43.320] Then according to Jasnowski, that's a done deal.
[40:43.320 --> 40:45.680] Exactly.
[40:45.680 --> 40:50.520] So wouldn't you have a direct remedy there?
[40:50.520 --> 40:54.560] Yeah, a quiet title to the second mortgage holder.
[40:54.560 --> 40:58.120] And you've done that already, correct?
[40:58.120 --> 40:59.120] Not yet.
[40:59.120 --> 41:00.120] Not yet.
[41:00.120 --> 41:04.640] No, the second mortgage holder is going to file for a quiet title shortly.
[41:04.640 --> 41:09.840] So that'll make the whole foreclosure.
[41:09.840 --> 41:10.840] Okay.
[41:10.840 --> 41:11.840] Okay.
[41:11.840 --> 41:18.680] How does the second mortgage holder have standing to move to quiet the original title?
[41:18.680 --> 41:23.600] As the first learned mortgage holder.
[41:23.600 --> 41:25.920] The rescission was three parts.
[41:25.920 --> 41:32.400] We sent in a notice of intent, we sent in a cease and desist, and then we sent in notice
[41:32.400 --> 41:34.600] to cancel.
[41:34.600 --> 41:41.480] And of those three, the first and the last were recorded in the county, and there was
[41:41.480 --> 41:43.880] nothing to counter them.
[41:43.880 --> 41:52.000] I mean, there was no opposition filed in the court of anything.
[41:52.000 --> 41:56.480] So a year later, because it should have been done within a year, I mean, they have only
[41:56.480 --> 42:01.320] 20 days, but we should have been notified within six months and given a year to be on
[42:01.320 --> 42:05.280] the safe side before we even consider getting another mortgage.
[42:05.280 --> 42:11.240] So when we gave the other mortgage, it was with the understanding that was rescinded
[42:11.240 --> 42:13.600] and nobody's objected.
[42:13.600 --> 42:23.880] So yeah, and now because you got a second mortgage, now the original mortgagee is subject
[42:23.880 --> 42:24.880] to latches.
[42:24.880 --> 42:25.880] Yes.
[42:25.880 --> 42:37.640] Even if they had a right, they didn't assert the right and subsequently your position materially
[42:37.640 --> 42:40.400] changed.
[42:40.400 --> 42:45.080] So the subject to latches, they can't bring the claim anyway.
[42:45.080 --> 42:46.080] Right.
[42:46.080 --> 42:52.960] The sign wasn't recorded until three or four years after we got the second mortgage.
[42:52.960 --> 43:00.280] So, okay, and you're still having all this trouble fighting it?
[43:00.280 --> 43:01.280] Yeah.
[43:01.280 --> 43:06.160] So you really need to go after this judge.
[43:06.160 --> 43:12.960] Yeah, we tried to go quiet title, but because I didn't put my husband on the quiet title
[43:12.960 --> 43:15.160] complaint, they threw the complaint out.
[43:15.160 --> 43:17.280] Just refiled it.
[43:17.280 --> 43:23.040] Well, that's what we tried to do, but then they said, no, you're coming because before
[43:23.040 --> 43:28.960] we got an order in the quiet title action, they filed the foreclosure action so that
[43:28.960 --> 43:37.200] when I filed for the quiet title, they said that, you know, we're just trying to interfere
[43:37.200 --> 43:38.200] with the foreclosure.
[43:38.200 --> 43:42.080] And I got this move.
[43:42.080 --> 43:43.080] Hmm.
[43:43.080 --> 43:44.080] Okay.
[43:44.080 --> 43:45.080] Hang on.
[43:45.080 --> 43:48.440] I have to go to break Randy Kelton with the radio.
[43:48.440 --> 43:52.000] I call it number 512-646-1984.
[43:52.000 --> 43:59.360] You'll be right back.
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[46:20.760 --> 46:36.800] Okay, we are back, Randy Kelton, Rule of Law Radio, and we're talking to Leslie in Pennsylvania.
[46:36.800 --> 46:43.840] Okay, so they threw out your quiet title, so you're kind of stuck on you doing quiet
[46:43.840 --> 46:44.840] title.
[46:44.840 --> 46:52.320] So, now you have the second lender that will come in and attempt to move his second position
[46:52.320 --> 46:57.840] lien to first position by quieting the title of the first position lien.
[46:57.840 --> 47:00.840] Is that accurate?
[47:00.840 --> 47:05.480] Yes, that's accurate.
[47:05.480 --> 47:13.920] That'll make for an interesting situation because now you have two lenders working against
[47:13.920 --> 47:22.560] one another, so the prejudice against the borrower won't be in play.
[47:22.560 --> 47:31.320] So, that should be an interesting match up, would be sure be glad to hear how that works
[47:31.320 --> 47:32.840] out.
[47:32.840 --> 47:37.640] So, what do you have working now?
[47:37.640 --> 47:47.880] Well, right now we have to kill the 11th of May to file our brief for our appeal.
[47:47.880 --> 47:57.040] Okay, it sounds like the judge screwed up enough that you have a good shot at appeal.
[47:57.040 --> 48:02.120] Is the second lender going to wait for the appellate decision before they go for quiet
[48:02.120 --> 48:03.120] title?
[48:03.120 --> 48:05.120] Yes, they will.
[48:05.120 --> 48:14.720] Okay, because if the second lender went for quiet title and got it, then this case would
[48:14.720 --> 48:15.720] become moot.
[48:15.720 --> 48:16.720] Yeah.
[48:16.720 --> 48:24.000] No, I want to see what the decision is, especially with the decisions because there's one decision
[48:24.000 --> 48:28.720] but it's under two statutes, federal and state.
[48:28.720 --> 48:36.680] So in the appeals court, how would it affect law if the court of appeals rules against
[48:36.680 --> 48:42.840] you?
[48:42.840 --> 48:44.840] I'm not sure.
[48:44.840 --> 48:47.840] It's always an important consideration.
[48:47.840 --> 48:54.440] You always want to put the court of appeals in a position such that if they rule in favor
[48:54.440 --> 49:03.160] of the judge's ruling, then they create law that other lawyers can then come and use and
[49:03.160 --> 49:06.480] dismantle the legal system with.
[49:06.480 --> 49:16.480] So I always want, when I'm looking at claims to make, I want to look at claims that if
[49:16.480 --> 49:20.560] they rule against me, they negatively affect the corpus juris.
[49:20.560 --> 49:21.560] Right.
[49:21.560 --> 49:27.600] Yeah, I know they want to screw me, but if they get me screwed, then they got all these
[49:27.600 --> 49:31.320] shots to lawyers who are going to run in here and grab this decision and use it to screw
[49:31.320 --> 49:32.320] everybody else with.
[49:32.320 --> 49:33.320] Does that make sense?
[49:33.320 --> 49:40.200] I haven't had a chance to look up this and that is the one that court held that violation
[49:40.200 --> 49:44.240] of TILA is not a counter claim and a mortgage foreclosure action.
[49:44.240 --> 49:46.240] I don't understand that one.
[49:46.240 --> 49:49.680] Yeah, that would be breach of contract.
[49:49.680 --> 49:50.680] Yeah.
[49:50.680 --> 49:51.680] Oh, okay.
[49:51.680 --> 49:55.120] I think I understand that.
[49:55.120 --> 50:04.920] TILA directly has its own remedy and that remedy is not in a counterclaim.
[50:04.920 --> 50:11.680] That's a direct remedy that you would file with the federal court.
[50:11.680 --> 50:23.120] So you claim the TILA violation as a breach of the applicable law covenant, severability
[50:23.120 --> 50:28.560] and applicable law covenant, where both parties agree to abide by all law and they breach
[50:28.560 --> 50:30.840] TILA.
[50:30.840 --> 50:36.040] You're not asking for the remedy contained in TILA.
[50:36.040 --> 50:41.160] You're merely referencing TILA as a law that was violated.
[50:41.160 --> 50:43.160] Now you have breach of contract claim.
[50:43.160 --> 50:50.800] I did that in my, what do you call it, my response to the complaint.
[50:50.800 --> 50:57.320] And what they did is the reason we're appealing is because he threw out every counterclaim
[50:57.320 --> 51:01.520] and response that we had to the complaint, like we have no defense.
[51:01.520 --> 51:04.640] That's why we're appealing.
[51:04.640 --> 51:10.120] Yeah, okay, well, that's what I'm looking for.
[51:10.120 --> 51:20.320] So you have a, you've made a breach of contract claim on the violation of law and how did
[51:20.320 --> 51:23.200] the court throw that out?
[51:23.200 --> 51:28.920] What was the, did they have a reasoning, did they have findings of fact and conclusions?
[51:28.920 --> 51:36.320] Well, this is what I just got today was the, TILA just put in that you didn't put in any
[51:36.320 --> 51:38.360] findings of facts and conclusions.
[51:38.360 --> 51:48.200] We just sent in for an opinion under 1925, which is required when you file for an appeal.
[51:48.200 --> 51:51.520] You have to have a 1925 opinion and-
[51:51.520 --> 51:52.520] Okay, hold on.
[51:52.520 --> 51:56.000] What is a 1925 opinion?
[51:56.000 --> 52:01.720] It means that you send a judge what you think, why he, what he did wrong.
[52:01.720 --> 52:08.320] Okay, so this is like you send the judge findings of fact and conclusions at law and after
[52:08.320 --> 52:12.040] that you ask him to accept yours or make up his own.
[52:12.040 --> 52:13.040] That's what we would do.
[52:13.040 --> 52:15.440] Like here in Texas, that's what we would do.
[52:15.440 --> 52:16.840] So this is kind of similar.
[52:16.840 --> 52:22.600] You're asking the judge for his, for the facts and the law that he applied to the facts to
[52:22.600 --> 52:23.600] come to the decision.
[52:23.600 --> 52:24.600] Is that correct?
[52:24.600 --> 52:25.600] Yeah.
[52:25.600 --> 52:26.600] Okay.
[52:26.600 --> 52:30.960] So otherwise you'd have no idea of what to appeal on.
[52:30.960 --> 52:31.960] Exactly.
[52:31.960 --> 52:32.960] Okay.
[52:32.960 --> 52:38.160] So he mentioned, he didn't mention anything about Fannie Mae, he didn't mention anything
[52:38.160 --> 52:43.960] about the original lender, who said they didn't have anything to do with the assignment of
[52:43.960 --> 52:46.960] mortgage in the first place.
[52:46.960 --> 52:56.920] He didn't, he didn't say anything at all about the estate, this rescission.
[52:56.920 --> 53:02.240] And he's saying that the TILLA rescission is, it says you can't have a violation if
[53:02.240 --> 53:05.600] TILLA is not a counterclaiming and foreclosure action.
[53:05.600 --> 53:12.760] Okay, that might, that might stand up because TILLA is a separate claim.
[53:12.760 --> 53:19.360] Yeah, but a rescission, it's not a claim of a violation of TILLA, it's a TILLA rescission.
[53:19.360 --> 53:22.160] Oh, okay.
[53:22.160 --> 53:30.840] Then absolutely rescission in this case, you're not claiming a remedy under TILLA, you're
[53:30.840 --> 53:38.720] claiming that based on the TILLA statute, the deed of trust is void as a matter of law.
[53:38.720 --> 53:40.160] Right.
[53:40.160 --> 53:46.080] That he's going to have a hard time getting around because the Supreme just ruled unanimously
[53:46.080 --> 53:48.120] on Jasinowski.
[53:48.120 --> 53:49.120] Exactly.
[53:49.120 --> 53:50.120] Yeah.
[53:50.120 --> 53:56.880] And so that one is not going to, very unlikely that'll make it past the court of appeals.
[53:56.880 --> 54:01.800] My attorney is going to have him wrapped around his little finger and he's getting his butt
[54:01.800 --> 54:04.800] kicked out the door.
[54:04.800 --> 54:08.440] That should get, you should be hammering that judge.
[54:08.440 --> 54:10.440] Oh, we will.
[54:10.440 --> 54:15.560] With, I mean, judicial conduct, is this a federal court?
[54:15.560 --> 54:16.560] No.
[54:16.560 --> 54:17.560] Okay.
[54:17.560 --> 54:23.640] Because in the federal court, a judicial conduct complaint is like a lawsuit against the judge
[54:23.640 --> 54:26.240] and it's a pretty big deal.
[54:26.240 --> 54:32.480] Do you have a good commission on judicial conduct in Pennsylvania?
[54:32.480 --> 54:33.840] Yes.
[54:33.840 --> 54:38.080] Oh, that's unfortunate.
[54:38.080 --> 54:42.080] So you might look at filing criminal charges against the judge.
[54:42.080 --> 54:46.440] Well, accessory to a forgery?
[54:46.440 --> 54:48.760] Yeah.
[54:48.760 --> 54:53.000] If you look in the US code, this is instructive.
[54:53.000 --> 54:54.000] Yeah.
[54:54.000 --> 54:57.640] 18 U.S. code four.
[54:57.640 --> 55:04.800] I mean, it's not 18 U.S. code 7692 or something way down there in the back.
[55:04.800 --> 55:08.560] It's four subordination of perjury.
[55:08.560 --> 55:09.560] Yeah.
[55:09.560 --> 55:15.120] They put it right up there in the front and three has been repealed.
[55:15.120 --> 55:19.360] So it's the third statute goes to subordination of perjury.
[55:19.360 --> 55:20.360] Right.
[55:20.360 --> 55:31.120] And if he accepted and ruled on a forged document that's a forgery as a matter of law and it's
[55:31.120 --> 55:35.000] obvious on its face, that's subordination of perjury.
[55:35.000 --> 55:36.000] Yeah.
[55:36.000 --> 55:43.800] If the judge is in trouble, and they may be looking for a way to get rid of it.
[55:43.800 --> 55:44.800] Yeah.
[55:44.800 --> 55:47.920] I was thinking about a judicial conduct complaint.
[55:47.920 --> 55:48.920] Okay.
[55:48.920 --> 55:54.640] And you've heard the story of me filing charges against all the highest judges in Texas and
[55:54.640 --> 55:56.920] getting it before grand jury.
[55:56.920 --> 55:57.920] Yeah.
[55:57.920 --> 56:01.320] Well, that had nothing to do with law.
[56:01.320 --> 56:05.080] It had nothing to do with me.
[56:05.080 --> 56:10.560] It had everything to do with a democratic prosecuting attorney who wasn't running for
[56:10.560 --> 56:17.480] office again and 15 Republican judges.
[56:17.480 --> 56:21.960] I simply gave the prosecutor cannon fodder.
[56:21.960 --> 56:28.760] If they're after this judge, they may look forward to some cannon fodder to help them
[56:28.760 --> 56:30.240] seal their deal.
[56:30.240 --> 56:31.240] Yeah.
[56:31.240 --> 56:36.720] Well, I'll talk to my attorney about that, see if anybody gets it.
[56:36.720 --> 56:42.600] But yeah, this is where we're looking at.
[56:42.600 --> 56:45.920] Your attorney is going to be real uncomfortable about that.
[56:45.920 --> 56:49.560] So what you need to do is give him plausible deniability.
[56:49.560 --> 56:50.560] Exactly.
[56:50.560 --> 56:56.600] I didn't know anything about that.
[56:56.600 --> 56:57.600] What are you talking about?
[56:57.600 --> 56:58.600] She filed criminal charges.
[56:58.600 --> 57:00.800] She didn't talk to me about it.
[57:00.800 --> 57:06.960] I'd have told her, oh, don't you dare do that.
[57:06.960 --> 57:17.120] Yeah, so I'm looking to kick this judge in the boot, in the butt.
[57:17.120 --> 57:23.120] Look, sooner is better than later because if he's already in trouble, now is a good
[57:23.120 --> 57:24.120] time.
[57:24.120 --> 57:27.480] Don't give him time to get out of the trouble that he's in.
[57:27.480 --> 57:31.880] See if you can add some more weight, a little more heat to his fire.
[57:31.880 --> 57:40.720] I've gotten to where I'm not the least bit bashful.
[57:40.720 --> 57:49.520] I'm waiting for a federal judge here in Fort Worth to dismiss a pleading that I filed because
[57:49.520 --> 57:50.520] it was a day late.
[57:50.520 --> 57:55.160] Well, that's another thing he says here that it was a day late.
[57:55.160 --> 58:00.120] Yeah, but I've got to challenge subject matter jurisdiction in his court.
[58:00.120 --> 58:04.760] And if he dismisses that pleading before hearing my subject matter jurisdiction challenge,
[58:04.760 --> 58:11.320] I'm going straight to a grand jury, a state grand jury, not a federal grand jury.
[58:11.320 --> 58:15.040] See what they think of his shenanigans.
[58:15.040 --> 58:16.960] Hang on, about to go to break.
[58:16.960 --> 58:21.080] Mark, I see you there and I'm sorry to keep you so long.
[58:21.080 --> 58:22.580] We'll get to you shortly.
[58:22.580 --> 58:25.600] This is Randy Kelton, Wheel of Law Radio.
[58:25.600 --> 58:30.040] I call it number 512-646-1984.
[58:30.040 --> 58:37.040] So give us a call and a good time to go to our sponsor page, go to Logos Radio Network,
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[58:42.800 --> 58:50.280] So if we need all the help we can get, we'll be right back.
[58:50.280 --> 58:54.440] Would you like to make more definite progress in your walk with God?
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[59:10.280 --> 59:13.400] to know God and to know the meaning of life.
[59:13.400 --> 59:18.640] The free books are a three volume set called Basic Elements of the Christian Life.
[59:18.640 --> 59:22.920] Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan
[59:22.920 --> 59:27.840] of salvation, growing in Christ and how to build up the Church.
[59:27.840 --> 59:32.840] To order your free New Testament Recovery Version and Basic Elements of the Christian
[59:32.840 --> 59:45.640] Life, call Bibles for America toll free at 888-551-0102, that's 888-551-0102 or visit
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[59:48.560 --> 59:55.760] You're listening to the Logos Radio Network.
[59:55.760 --> 01:00:05.800] The following news flash is brought to you by the Lone Star Lowdown, providing your daily
[01:00:05.800 --> 01:00:13.400] bulletins for the commodities market, today in history, news updates and the inside scoop
[01:00:13.400 --> 01:00:21.240] into the tides of the alternative.
[01:00:21.240 --> 01:00:27.160] Banks for Wednesday, March 30th, 2016 are currently treading with gold at $1,227.66
[01:00:27.160 --> 01:00:34.000] an ounce, silver $15.20 an ounce, Texas crude $38.28 a barrel, and Bitcoin is currently
[01:00:34.000 --> 01:00:43.120] sitting at about $412 U.S. currency.
[01:00:43.120 --> 01:00:48.800] Today in history, the year 1870, Texas becomes the last Confederate state remitted to the
[01:00:48.800 --> 01:00:54.280] Union, though the new state constitution wasn't approved until 1876, Texas formerly part of
[01:00:54.280 --> 01:01:02.000] the Confederacy was admitted into the Union, today in history.
[01:01:02.000 --> 01:01:05.240] In recent news, the Federal Trade Commission announced today its efforts to crack down
[01:01:05.240 --> 01:01:06.760] on fake cancer charities.
[01:01:06.760 --> 01:01:11.160] The Cancer Fund of America, Cancer Support Services, and their leader, James Reynolds,
[01:01:11.160 --> 01:01:15.760] including Reynolds Sr., will have to surrender an undisclosed amount of their personal assets
[01:01:15.760 --> 01:01:20.440] as part of a settlement with the FTC and states, these purported nonprofits agreed to be permanently
[01:01:20.440 --> 01:01:22.880] dissolved and their assets liquidated.
[01:01:22.880 --> 01:01:27.040] Reynolds is also prohibited for life from managing charitable assets or being part of
[01:01:27.040 --> 01:01:30.000] a charity's board or a trustee.
[01:01:30.000 --> 01:01:35.240] Apparently according to the FTC, of more than the $75 million the charities raised, a vast
[01:01:35.240 --> 01:01:39.240] majority of these funds were going to the charity's organizers and their friends, with
[01:01:39.240 --> 01:01:43.960] a measly percentage less than five, going to actual patients and research.
[01:01:43.960 --> 01:01:48.920] To make matters worse, an estimated 85% of the millions were spent on fundraising for
[01:01:48.920 --> 01:01:50.240] the scheme itself.
[01:01:50.240 --> 01:01:54.560] The charity's remaining assets will first go to pay the state's litigation fees, afterward
[01:01:54.560 --> 01:01:59.800] to actual legitimate charities the state selects, though an FTC spokesman did state in an email
[01:01:59.800 --> 01:02:08.400] that if there's any money left, it would probably be a very small amount.
[01:02:08.400 --> 01:02:12.520] After more than six years in development, IBM's TrueNorth brain-inspired processor
[01:02:12.520 --> 01:02:16.360] will be put to the test at the Lawrence Livermore National Lab.
[01:02:16.360 --> 01:02:21.320] They purchased IBM's Neuromorphic System, a brain-inspired program based on the TrueNorth
[01:02:21.320 --> 01:02:22.320] chip.
[01:02:22.320 --> 01:02:25.560] The California Research Lab is set to use it to help the National Nuclear Security
[01:02:25.560 --> 01:02:28.760] Administration battle cyber security issues.
[01:02:28.760 --> 01:02:34.240] Consuming just 2.5 watts of power, the same as a tablet computer, the neuromorphic system
[01:02:34.240 --> 01:02:40.200] can process the equivalent of 16 million neurons and 4 billion synapses, containing only 16
[01:02:40.200 --> 01:02:41.880] of these TrueNorth chips.
[01:02:41.880 --> 01:02:47.120] IBM Chief Scientist Dharmendra Modha stated that the delivery of this advanced computing
[01:02:47.120 --> 01:02:52.760] platform represents a major milestone as we enter the next era of cognitive computing.
[01:02:52.760 --> 01:03:05.760] This is Rick Rode with your Lowdown for March 30, 2016.
[01:03:05.760 --> 01:03:21.480] Okay.
[01:03:21.480 --> 01:03:22.480] We are back.
[01:03:22.480 --> 01:03:26.320] Randy Kelton, Rue La Radio, and we're talking to Leslie Bitsavenia.
[01:03:26.320 --> 01:03:27.320] Okay.
[01:03:27.320 --> 01:03:29.760] Where are we, Leslie?
[01:03:29.760 --> 01:03:38.760] Okay, well, we had gone over this appeal business and the alternatives to all of this other
[01:03:38.760 --> 01:03:41.000] stuff, so I think we're about done.
[01:03:41.000 --> 01:03:42.000] Wonderful.
[01:03:42.000 --> 01:03:44.120] It looks like you're in good shape.
[01:03:44.120 --> 01:03:49.000] I know we were hammering the judge when we left out, but you really ought to consider
[01:03:49.000 --> 01:03:52.320] filing a complaint against the judge.
[01:03:52.320 --> 01:03:54.960] Yes, I will.
[01:03:54.960 --> 01:04:01.600] I keep telling people that the courts hate pro se litigants, but they don't hate pro
[01:04:01.600 --> 01:04:03.840] se litigants because they write stupid pleadings.
[01:04:03.840 --> 01:04:07.960] They like that part because then they can screw them around easy.
[01:04:07.960 --> 01:04:11.840] They hate pro se litigants because every once in a while they come across the pro se from
[01:04:11.840 --> 01:04:17.600] hell, the one who knows how to take them to task for their shenanigans.
[01:04:17.600 --> 01:04:22.000] Yes, and that's what I intend to do.
[01:04:22.000 --> 01:04:23.000] Good.
[01:04:23.000 --> 01:04:27.920] Even if somebody goes to write my complaint.
[01:04:27.920 --> 01:04:30.080] I could help you with that.
[01:04:30.080 --> 01:04:32.120] I would enjoy it immensely.
[01:04:32.120 --> 01:04:40.400] Meanwhile, I'm going to have to look up these different cases that the judge mentions in
[01:04:40.400 --> 01:04:46.120] his alternate life.
[01:04:46.120 --> 01:04:49.800] I kind of have a way of thinking about it.
[01:04:49.800 --> 01:04:55.880] I've been through Pennsylvania law before and I have a strategy for really stirring
[01:04:55.880 --> 01:05:00.200] them up in Pennsylvania because in Pennsylvania on a criminal complaint, like if you file
[01:05:00.200 --> 01:05:08.480] criminally against the judge for official misconduct, you've got standing.
[01:05:08.480 --> 01:05:13.360] You can appeal this thing all the way to the Supreme.
[01:05:13.360 --> 01:05:19.920] The prosecuting attorney in Pennsylvania, unlike any other state has statutory prosecutorial
[01:05:19.920 --> 01:05:21.720] discretion.
[01:05:21.720 --> 01:05:30.000] He has first blush, but if he doesn't act on it, if he decides not to pursue prosecution,
[01:05:30.000 --> 01:05:37.600] then unlike every other state where we have no standing, all we do is give notice.
[01:05:37.600 --> 01:05:39.720] In Pennsylvania, you have standing.
[01:05:39.720 --> 01:05:41.760] You can take it to the court of common please.
[01:05:41.760 --> 01:05:47.360] If the court of common please decides not to act on it, you can appeal that decision
[01:05:47.360 --> 01:05:50.560] all the way up to the Supreme.
[01:05:50.560 --> 01:05:58.520] You can grind that judge's nose in the dirt all the way to the Supreme.
[01:05:58.520 --> 01:05:59.600] Great fun.
[01:05:59.600 --> 01:06:07.480] Then when the prosecutor refuses to prosecute, then you file with the attorney general who
[01:06:07.480 --> 01:06:14.760] has original jurisdiction and ask him to prosecute the prosecutor.
[01:06:14.760 --> 01:06:20.360] When he refuses, you file that with the court of common please and you take them both up.
[01:06:20.360 --> 01:06:27.920] So now you've got the attorney general being stung for protecting this judge that got everybody
[01:06:27.920 --> 01:06:28.920] in trouble.
[01:06:28.920 --> 01:06:32.400] Oh, and you just create havoc.
[01:06:32.400 --> 01:06:42.880] Yeah, okay, well, the thing is in Pennsylvania, the Supreme Court has original jurisdiction
[01:06:42.880 --> 01:06:45.800] of any claim against the judge.
[01:06:45.800 --> 01:06:49.000] They're in charge of policing the judges.
[01:06:49.000 --> 01:06:53.360] Oh, no, we're talking something different.
[01:06:53.360 --> 01:06:57.720] We're not talking, you're going to, you file a judicial conduct complaint against the judge
[01:06:57.720 --> 01:07:00.260] and that would go to the Supreme.
[01:07:00.260 --> 01:07:04.080] But he's a born perjury.
[01:07:04.080 --> 01:07:07.400] That's criminal.
[01:07:07.400 --> 01:07:08.900] That's not professional.
[01:07:08.900 --> 01:07:12.560] That's his whole separate deal.
[01:07:12.560 --> 01:07:14.520] Let him try to dance around that one.
[01:07:14.520 --> 01:07:19.960] Let him try to shield the judge from criminal responsibility.
[01:07:19.960 --> 01:07:25.340] Now he has immunity from civil litigation, he doesn't have any immunity from criminal
[01:07:25.340 --> 01:07:32.720] prosecution except that immunity granted by other corrupt public officials.
[01:07:32.720 --> 01:07:38.960] And if you set up the other public officials to protect the judge, then you get to sting
[01:07:38.960 --> 01:07:46.320] them and just smear dirt everywhere and everybody gets in trouble for trying to protect this
[01:07:46.320 --> 01:07:47.320] judge.
[01:07:47.320 --> 01:07:49.120] Everybody's going to be upset at him.
[01:07:49.120 --> 01:07:55.960] And the worse the position the judge has, the dumber stuff he's done, the worse it's
[01:07:55.960 --> 01:08:01.840] going to be for him because it makes all these other officials look more dirty and corrupt
[01:08:01.840 --> 01:08:04.400] for trying to protect the corrupt judge.
[01:08:04.400 --> 01:08:10.160] Oh, it's great fun.
[01:08:10.160 --> 01:08:12.800] You could become addicted to that, Leslie.
[01:08:12.800 --> 01:08:15.520] Oh, I know.
[01:08:15.520 --> 01:08:18.320] Okay, thank you very much.
[01:08:18.320 --> 01:08:23.000] Now we're going to go to Mark in Texas who has been very patient.
[01:08:23.000 --> 01:08:28.120] Hello, Mr. Mark.
[01:08:28.120 --> 01:08:32.200] I think we put him to sleep.
[01:08:32.200 --> 01:08:38.200] I have this effect on people, I have this remarkable voice that I have this capability
[01:08:38.200 --> 01:08:39.200] of putting people to sleep.
[01:08:39.200 --> 01:08:40.200] Oh, did you wake up?
[01:08:40.200 --> 01:08:41.200] Hello, Mark.
[01:08:41.200 --> 01:08:50.000] I do a show on Monday night with Pastor Masset and he is busy as I am.
[01:08:50.000 --> 01:08:56.320] He is always really busy and every once in a while I have to call him on the cell phone
[01:08:56.320 --> 01:09:03.400] to wake him up and I have great fun at his expense.
[01:09:03.400 --> 01:09:13.000] I call him Master Pastor because he has control issues and for a preacher he takes my abuse
[01:09:13.000 --> 01:09:14.000] really well.
[01:09:14.000 --> 01:09:15.000] Okay.
[01:09:15.000 --> 01:09:22.840] Well, first thing I want to say, thank you to Chris and Leslie.
[01:09:22.840 --> 01:09:27.000] Their discussion and I always find this to be the case when I'm listening to your show.
[01:09:27.000 --> 01:09:32.680] I'm listening to other people who have something similar to what's going on in my situation
[01:09:32.680 --> 01:09:37.160] and he was actually talking about the fact that he had heard discussions that I had with
[01:09:37.160 --> 01:09:38.160] you.
[01:09:38.160 --> 01:09:42.840] So it's a real honor to me to just think that spending a little time here is helping other
[01:09:42.840 --> 01:09:48.840] people and I hope it's helping you have some fun.
[01:09:48.840 --> 01:09:58.880] More or less to get right into it, as far as I know, everything that was just said is
[01:09:58.880 --> 01:10:00.800] absolutely relevant.
[01:10:00.800 --> 01:10:06.480] I have something where it's been suggested before by a very wise man who does a Friday
[01:10:06.480 --> 01:10:11.600] night show that I needed to probably do a quiet title action.
[01:10:11.600 --> 01:10:20.760] I have an assignment that was filed in 2013 prepared by a servicer, signed by an employee
[01:10:20.760 --> 01:10:22.640] of the servicer.
[01:10:22.640 --> 01:10:27.760] There's nothing there that suggests that this guy is a VP of MERS or anything and the assignor
[01:10:27.760 --> 01:10:35.960] is MERS's nominee for dead guy, it's successors and assigns, the dead guy is Fremont.
[01:10:35.960 --> 01:10:41.160] In the state where this is filed, MERS can't assign, that's ruled by the Supreme Court.
[01:10:41.160 --> 01:10:46.240] The dead guy can't do it and certainly that argument is clear.
[01:10:46.240 --> 01:10:53.560] And then the assignee, the pretender as trustee for Big Bank Asset Back Certificates 2006.
[01:10:53.560 --> 01:10:58.840] So that stuff is clear in many ways.
[01:10:58.840 --> 01:11:04.800] What I wanted to ask you, you guys were talking a little bit about it, as far as the quiet
[01:11:04.800 --> 01:11:07.440] title goes, who to name?
[01:11:07.440 --> 01:11:12.040] And Chris had mentioned you have to name all interested parties and I've seen that before
[01:11:12.040 --> 01:11:13.040] too.
[01:11:13.040 --> 01:11:16.840] And that gives me pause.
[01:11:16.840 --> 01:11:21.200] What constitutes an interested party?
[01:11:21.200 --> 01:11:23.680] Now Mark, I'm interested in your case.
[01:11:23.680 --> 01:11:24.680] Yeah.
[01:11:24.680 --> 01:11:27.160] Are you going to name me?
[01:11:27.160 --> 01:11:34.080] Well, in this case, I think, I don't think I could get outside of this and that because
[01:11:34.080 --> 01:11:38.000] of this assignment, within a week of it being made.
[01:11:38.000 --> 01:11:43.840] I was going to a very specific point there.
[01:11:43.840 --> 01:11:55.080] Who do you know as an interest, as opposed to who claims they have an interest?
[01:11:55.080 --> 01:12:00.200] Well, the original lender is out of business.
[01:12:00.200 --> 01:12:12.360] The question, did the original lender, while the original lender was still in existence,
[01:12:12.360 --> 01:12:20.960] create an assignment of its beneficial interest to some other party and record that assignment
[01:12:20.960 --> 01:12:23.960] in the public record?
[01:12:23.960 --> 01:12:29.000] They never recorded it, but they sent me a letter that named another party.
[01:12:29.000 --> 01:12:32.000] That party's not even been discussed in this case.
[01:12:32.000 --> 01:12:35.000] Okay, wait a minute.
[01:12:35.000 --> 01:12:36.000] Wait a minute.
[01:12:36.000 --> 01:12:37.000] Wait a minute.
[01:12:37.000 --> 01:12:38.000] Who sent you a letter?
[01:12:38.000 --> 01:12:39.000] Okay, loaded question.
[01:12:39.000 --> 01:12:40.000] Loaded question.
[01:12:40.000 --> 01:12:43.000] That guy, Fremont.
[01:12:43.000 --> 01:12:44.000] Yeah.
[01:12:44.000 --> 01:12:53.000] Did Fremont send you the letter or did some human being send you a letter on Fremont stationary?
[01:12:53.000 --> 01:12:54.000] Okay.
[01:12:54.000 --> 01:12:59.200] Yes, some legitimate person sent me a letter.
[01:12:59.200 --> 01:13:05.600] Do you have evidence of power of attorney for that person?
[01:13:05.600 --> 01:13:09.920] No, I have no evidence.
[01:13:09.920 --> 01:13:20.320] I'm being a bit pedantic here, but it's important that we be careful about our presumptions.
[01:13:20.320 --> 01:13:26.840] What do we know as opposed to what do we presume?
[01:13:26.840 --> 01:13:31.040] Because you do not want to stipulate to anything.
[01:13:31.040 --> 01:13:32.040] Sorry.
[01:13:32.040 --> 01:13:43.920] Who do you know actually has a claim against the property?
[01:13:43.920 --> 01:13:52.560] In this case, in terms of who has a claim against the property, it would be the assignee.
[01:13:52.560 --> 01:13:56.840] Who did the assignment to the assignee?
[01:13:56.840 --> 01:14:01.040] The assignment was done by completely invalid party.
[01:14:01.040 --> 01:14:03.920] It was done by the servicer.
[01:14:03.920 --> 01:14:10.520] Then as far as you're concerned, that's an invalid assignment.
[01:14:10.520 --> 01:14:12.880] I'm totally sure.
[01:14:12.880 --> 01:14:19.240] So the last thing I would do is stipulate to the validity of the assignment by noticing
[01:14:19.240 --> 01:14:23.520] the party named in the assignment.
[01:14:23.520 --> 01:14:25.560] Meaning the assignee?
[01:14:25.560 --> 01:14:26.880] Yeah.
[01:14:26.880 --> 01:14:31.760] I would say that's trash and that's garbage.
[01:14:31.760 --> 01:14:40.440] If you want me to, I'll come and put an assignment in the record and assign the mortgage to your
[01:14:40.440 --> 01:14:41.440] third cousin.
[01:14:41.440 --> 01:14:42.440] Okay.
[01:14:42.440 --> 01:14:49.320] So does that make me an interested party?
[01:14:49.320 --> 01:14:51.440] No.
[01:14:51.440 --> 01:14:55.880] Would you have to notice me if I did that?
[01:14:55.880 --> 01:15:00.760] I shouldn't notice you if you've done that.
[01:15:00.760 --> 01:15:03.240] How are these guys different?
[01:15:03.240 --> 01:15:07.160] There's no legitimate interested party at all.
[01:15:07.160 --> 01:15:14.000] As you guys were discussing Ivanova, and I had read this brief that someone sent to me,
[01:15:14.000 --> 01:15:18.760] which is pretty interesting, and I had it burning in my mind, and I'm glad you guys
[01:15:18.760 --> 01:15:19.760] mentioned it.
[01:15:19.760 --> 01:15:25.640] I think what you're really trying to say is so long as I have language which says this
[01:15:25.640 --> 01:15:34.400] assignment is void on its face and not merely voidable, and thus there are no interested
[01:15:34.400 --> 01:15:42.320] parties in this case, there can be no argument that this assignment is legitimate under any
[01:15:42.320 --> 01:15:43.320] circumstances.
[01:15:43.320 --> 01:15:44.320] Okay.
[01:15:44.320 --> 01:15:52.680] And the reason you do that is you say, I'll file a quiet title and this is the only interested
[01:15:52.680 --> 01:15:59.400] party, and then somebody else is going to come over and say, I'm here to intervene
[01:15:59.400 --> 01:16:06.120] because I am an interested party, and you say, oh, yeah, well, let's have ourselves
[01:16:06.120 --> 01:16:09.760] a prove-up hearing.
[01:16:09.760 --> 01:16:14.440] Come to this evidentiary hearing and prove up your standing.
[01:16:14.440 --> 01:16:20.480] Now you have them in exactly the position you want them in.
[01:16:20.480 --> 01:16:27.120] Now they're trying to exert a claim, and in order to intervene in the case, they have
[01:16:27.120 --> 01:16:34.040] to prove up their claim, and that's the one thing they want to avoid above all else, is
[01:16:34.040 --> 01:16:35.640] proving up that claim.
[01:16:35.640 --> 01:16:36.640] Hang on.
[01:16:36.640 --> 01:16:44.080] Randy Kelton, Root of Blow Radio, I'll call it number 512-646-1984, Rob, I see you there,
[01:16:44.080 --> 01:16:51.280] but I've been ignoring you all day, but then you're used to that.
[01:16:51.280 --> 01:17:00.240] We'll get to you, Rob, and we'll be right back.
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[01:19:30.000 --> 01:19:39.800] Okay, we are back, Randy Cattelton, the ruler of our radio, and we're talking to Mark in
[01:19:39.800 --> 01:19:40.800] Texas.
[01:19:40.800 --> 01:19:47.520] Okay, Mark, you only name one party, and if somebody else wants to be a part of this,
[01:19:47.520 --> 01:19:49.720] let them prove up their position.
[01:19:49.720 --> 01:19:52.000] Okay, now where are we?
[01:19:52.000 --> 01:19:59.000] So, well, on that, I'm just curious as to whom that party would be then.
[01:19:59.000 --> 01:20:04.080] Are we, would it be something where, I can't name the dead guy, or maybe I could.
[01:20:04.080 --> 01:20:06.280] That's the only one you can name.
[01:20:06.280 --> 01:20:11.680] They're the only one that had any kind of beneficial interest to transfer in the first
[01:20:11.680 --> 01:20:12.680] place.
[01:20:12.680 --> 01:20:20.400] Exactly, and you're going to claim, you know, you send a notice to their last known address
[01:20:20.400 --> 01:20:28.520] and it'll come back, and then you can petition the court to serve by publication.
[01:20:28.520 --> 01:20:35.800] And then you publish it in a newspaper, and once you publish it in a newspaper, anybody
[01:20:35.800 --> 01:20:45.640] who claims, who can make a claim of standing if they have an interest in the properties,
[01:20:45.640 --> 01:20:49.920] publish it in the newspaper, so if they don't read it, that's their problem, not your problem.
[01:20:49.920 --> 01:20:51.720] That is, yeah.
[01:20:51.720 --> 01:20:57.480] Yeah, and, you know, these other documents that are in the record, you know, the court
[01:20:57.480 --> 01:21:01.160] may say, well, what about these, and say, well, if they have a claim, let them prove
[01:21:01.160 --> 01:21:09.840] it, but I don't see a claim here, and even if the court requires that you name them,
[01:21:09.840 --> 01:21:15.280] then you name them as uninterested parties and demand a proof of hearing.
[01:21:15.280 --> 01:21:18.840] Got it, okay, that's definitely what I'll do.
[01:21:18.840 --> 01:21:25.080] I don't think there's any way that they can be a MERS member, I heard in some early discussion
[01:21:25.080 --> 01:21:27.400] that it might be good to check that.
[01:21:27.400 --> 01:21:33.280] There need to be other efforts that I make to simply prove they're no longer in business.
[01:21:33.280 --> 01:21:36.320] So I got another question real quick here.
[01:21:36.320 --> 01:21:42.200] This servicer sent me gunning letters, the servicer bought a debt that was already past
[01:21:42.200 --> 01:21:46.960] the statute of limitations and then created this bogus assignment so that another party
[01:21:46.960 --> 01:21:54.280] could file a suit, and I'm pretty sure of that, and as far as that goes, would it be,
[01:21:54.280 --> 01:22:00.560] I've never sent any kind of qualified written request or a debt validation letter or any
[01:22:00.560 --> 01:22:03.720] other kind of letter to these people.
[01:22:03.720 --> 01:22:10.000] Right now, the case has already evolved to the point where the foreclosure was filed,
[01:22:10.000 --> 01:22:18.480] I won in 2014, it was reopened through aggravated perjury and the judge being a accessory to
[01:22:18.480 --> 01:22:23.840] that, I like what you were just saying, and I got that already, violating my rights.
[01:22:23.840 --> 01:22:28.120] But then I ended up losing, and so here we are, it seems at this point, it's already
[01:22:28.120 --> 01:22:29.120] been decided.
[01:22:29.120 --> 01:22:34.320] As I talk to attorneys, they seem totally afraid of the idea of res judicata collateral
[01:22:34.320 --> 01:22:41.760] stoppable relative to filing a FDCPA action against the servicer, but I don't think these
[01:22:41.760 --> 01:22:46.320] guys know what they're doing and I'm better off without them, and we were talking about
[01:22:46.320 --> 01:22:47.320] that last week.
[01:22:47.320 --> 01:22:55.080] Anyway, question, should I send the servicer at this point a qualified written request
[01:22:55.080 --> 01:22:57.680] or a debt validation letter?
[01:22:57.680 --> 01:23:03.040] Do you think that would be smart and could help me in some way bushwhack them and then
[01:23:03.040 --> 01:23:08.240] show fraud upon the court in the future, which is what we're going to get at, hopefully?
[01:23:08.240 --> 01:23:09.600] Does that make sense?
[01:23:09.600 --> 01:23:13.640] It may be too late if they're already in foreclosure.
[01:23:13.640 --> 01:23:15.920] It's already done.
[01:23:15.920 --> 01:23:23.360] Yeah, generally you need a dunning letter and you need to file a qualified written request
[01:23:23.360 --> 01:23:25.960] within 30 days.
[01:23:25.960 --> 01:23:39.800] What you may do is, I have a set of letters where you make up a $1,000 check as an offer
[01:23:39.800 --> 01:23:48.640] to tender and the $1,000 check is earnest money and you send it to the lender as an
[01:23:48.640 --> 01:24:04.000] offer to cure on condition of them proving up their agency standing and capacity.
[01:24:04.000 --> 01:24:17.960] They've been doing this under a UCC, an offer to pay rejected is payment made, so there's
[01:24:17.960 --> 01:24:24.280] no way they're going to touch that $1,000 check because if they file it without proving
[01:24:24.280 --> 01:24:32.560] up standing, then that's fraud, but you've made an offer to pay and if they fail to prove
[01:24:32.560 --> 01:24:38.080] up standing, then you can go back and make a claim under UCC.
[01:24:38.080 --> 01:24:52.200] Don't we have one at this point under RESPA or FDCPA, I mean TEALER RESPA or FDCPA, Qualified
[01:24:52.200 --> 01:24:54.480] Written Request or Death Validation Lender?
[01:24:54.480 --> 01:24:55.480] Got it.
[01:24:55.480 --> 01:25:01.000] Well, I have dunning letters that are, I'm coming up on statute of limitations, I'm about
[01:25:01.000 --> 01:25:09.840] to have to do this myself I think, but more or less the dunning letters that they have
[01:25:09.840 --> 01:25:13.280] all note that it's well past the statute of limitations.
[01:25:13.280 --> 01:25:20.920] I was in litigation for a debt that was absolutely invalid, I mean it was unenforceable at that
[01:25:20.920 --> 01:25:29.440] point, so I think I'm doing okay on that and here's a question, sub-mortgager or second
[01:25:29.440 --> 01:25:35.520] mortgage, my mom actually held a second mortgage in this case, I would think that she might
[01:25:35.520 --> 01:25:42.240] possibly have an interest in a quiet title action herself.
[01:25:42.240 --> 01:25:44.640] She might exactly.
[01:25:44.640 --> 01:25:50.000] I think she might be the best party because no one's going to be able to come to her and
[01:25:50.000 --> 01:25:57.040] say we've already won a case against you and you lost, you know, I don't think that's going
[01:25:57.040 --> 01:26:04.120] to happen, although I guess they could, you know, she was named as a defendant as well
[01:26:04.120 --> 01:26:13.920] so that they could, you know, basically take first priority over her claim, that was just
[01:26:13.920 --> 01:26:16.440] something where, you know, in order to make that happen.
[01:26:16.440 --> 01:26:21.680] She was, okay, her claim wasn't adjudicated though, was it?
[01:26:21.680 --> 01:26:25.760] Adjudicated, meaning the court heard it and dismissed it?
[01:26:25.760 --> 01:26:32.280] Right, the court didn't rule that her claim, that her second lien was invalid, did it?
[01:26:32.280 --> 01:26:34.600] No, they did not.
[01:26:34.600 --> 01:26:43.440] She still has that claim and she might come back and since you made the claim that the
[01:26:43.440 --> 01:26:46.640] foreclosure was out of time and.
[01:26:46.640 --> 01:26:47.640] And won.
[01:26:47.640 --> 01:26:53.280] Yeah, well he won and then they reopened.
[01:26:53.280 --> 01:26:55.280] You're not done yet.
[01:26:55.280 --> 01:27:00.480] She probably shouldn't make her do anything yet until you've had this, oh, you missed
[01:27:00.480 --> 01:27:01.960] the appeal on it.
[01:27:01.960 --> 01:27:08.000] Well, yeah, I missed the appeal, I didn't have the money for it and I had an attorney
[01:27:08.000 --> 01:27:13.000] here in Austin just say if they didn't have subject matter jurisdiction, the appeals court
[01:27:13.000 --> 01:27:14.000] doesn't have it either.
[01:27:14.000 --> 01:27:18.800] You need a writ of mandamus and I haven't even found anybody to do what the hell that
[01:27:18.800 --> 01:27:19.800] was.
[01:27:19.800 --> 01:27:27.640] Okay, a writ of mandamus looks a lot like a habeas corpus, it's structured like a habeas
[01:27:27.640 --> 01:27:36.920] corpus, I mean the same format and stuff and you're simply asking the higher court to mandate
[01:27:36.920 --> 01:27:41.720] that a lower court do what the law requires it to do.
[01:27:41.720 --> 01:27:53.600] And here the action was out of time so you ask the higher court to order the lower court
[01:27:53.600 --> 01:28:00.960] to dismiss the case or you ask the higher court to rule that the court lacks subject
[01:28:00.960 --> 01:28:01.960] matter jurisdiction.
[01:28:01.960 --> 01:28:08.520] A writ of mandamus is you ask the higher court to mandate something to a lower court mandating
[01:28:08.520 --> 01:28:11.880] that they do what the law requires.
[01:28:11.880 --> 01:28:12.880] Sure.
[01:28:12.880 --> 01:28:21.600] Well, that may be one angle, there's a lot going on here but the facts are very simple.
[01:28:21.600 --> 01:28:22.600] I'm blown away.
[01:28:22.600 --> 01:28:30.320] I think I have FDCPA against the servicer, I've got actual damages there, hopefully 200k
[01:28:30.320 --> 01:28:34.280] plus judgment, maybe that works.
[01:28:34.280 --> 01:28:39.400] I've got fraud in that this is completely fraudulent, they didn't have standing, they
[01:28:39.400 --> 01:28:44.920] filed it past statute of limitations, I need to show there's been a fraud upon the court
[01:28:44.920 --> 01:28:49.400] to the corrupt judge that found in their favor in the first place.
[01:28:49.400 --> 01:28:55.560] That doesn't seem like it makes much sense and then of course there's the federal suit
[01:28:55.560 --> 01:29:03.360] here in Texas, that will be fun when we get around to that.
[01:29:03.360 --> 01:29:06.400] And beyond that, I suspect there may be some other options.
[01:29:06.400 --> 01:29:13.600] You maintain that the judge lacks subject matter jurisdiction, so sue him.
[01:29:13.600 --> 01:29:14.600] Yes.
[01:29:14.600 --> 01:29:15.600] Right.
[01:29:15.600 --> 01:29:18.600] That would be great fun.
[01:29:18.600 --> 01:29:23.240] Judge lacks subject matter jurisdiction, judge reopened the case without a valid prima facie
[01:29:23.240 --> 01:29:30.400] cause of action and that's required by the rules of civil procedure.
[01:29:30.400 --> 01:29:34.360] There's probably a little bit more fun there, I just don't know.
[01:29:34.360 --> 01:29:39.440] And then I can absolutely show the plaintiff's attorneys are in conflict with their own original
[01:29:39.440 --> 01:29:44.560] complaint by saying that the first end of acceleration may have been to...
[01:29:44.560 --> 01:29:47.240] Wait, wait, wait, hold on, hold on, we're about to go to break.
[01:29:47.240 --> 01:30:00.760] Randy Kelton, Radio, our call in number 512-646-1984, we'll be right back.
[01:30:00.760 --> 01:30:08.600] Honesty is the best policy, but for people who think otherwise, there's now software
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[01:31:31.560 --> 01:31:36.920] This is building seven, a 47 story skyscraper that fell on the afternoon of September 11th.
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[01:32:59.240 --> 01:33:28.880] Me and I are actually kidding about chemtrails.
[01:33:29.240 --> 01:33:51.120] Okay, we are back, Randy Kelton with the Radio, and we're talking to Mark in Texas.
[01:33:51.120 --> 01:33:53.440] Mark, really, do we have much more?
[01:33:53.440 --> 01:33:54.440] I really need to move along.
[01:33:54.440 --> 01:33:59.640] I've got two more callers, one of them is the first time, and I only got two segments.
[01:33:59.640 --> 01:34:03.360] Well, I don't know that we really do.
[01:34:03.360 --> 01:34:08.280] I'm just wondering if you have any ideas about any other kind of letters that I might be
[01:34:08.280 --> 01:34:16.080] able to send that would help in the discovery of the fraud here.
[01:34:16.080 --> 01:34:23.720] The only one I thought about is if you have any parties that sign documents, you might
[01:34:23.720 --> 01:34:31.240] send them a request for evidence of power of attorney.
[01:34:31.240 --> 01:34:41.680] And if you have any notary is on any documents, send them a request for evidence of authentication.
[01:34:41.680 --> 01:34:51.400] If you don't get a response, that's prima facie evidence that the signature is invalid.
[01:34:51.400 --> 01:34:57.720] When the signature is put on a document, if it's not challenged, then the court will accept
[01:34:57.720 --> 01:34:59.920] it as true.
[01:34:59.920 --> 01:35:07.760] Once challenged with evidence to give reason to support the challenge, that changes the
[01:35:07.760 --> 01:35:11.760] presumption.
[01:35:11.760 --> 01:35:15.600] And that's what these letters will give you, the presumption.
[01:35:15.600 --> 01:35:22.360] Under TWEEL VUS, if a party has a duty to respond and they fail to respond, that's equated
[01:35:22.360 --> 01:35:23.360] as fraud.
[01:35:23.360 --> 01:35:29.880] Well, they made a proactive statement of power of attorney by signing the document.
[01:35:29.880 --> 01:35:42.320] When you challenge the validity of the association or the agency, and they have a duty to prove
[01:35:42.320 --> 01:35:47.400] up the agency when they don't, then you can equate that with fraud, prima facie evidence
[01:35:47.400 --> 01:35:49.200] that it's an invalid signature.
[01:35:49.200 --> 01:35:55.720] That would make a quiet title action a little bit stronger.
[01:35:55.720 --> 01:35:57.760] Yes, yes.
[01:35:57.760 --> 01:36:02.200] This will just muddy up their waters a little more.
[01:36:02.200 --> 01:36:09.680] Yeah, well you guys actually covered a lot of other things I was thinking about in the
[01:36:09.680 --> 01:36:10.680] first place.
[01:36:10.680 --> 01:36:11.680] So here we are.
[01:36:11.680 --> 01:36:15.360] Thanks very much, and I appreciate you sending me the brief recently.
[01:36:15.360 --> 01:36:18.600] That's something that's kind of interesting.
[01:36:18.600 --> 01:36:23.480] And I've got a case that reflects it on and all over the place.
[01:36:23.480 --> 01:36:25.200] Okay, well, wonderful.
[01:36:25.200 --> 01:36:27.480] Okay, thank you, Mark.
[01:36:27.480 --> 01:36:30.480] Now I'm going to go to Rob in New Mexico.
[01:36:30.480 --> 01:36:32.120] Rob, I need to go quickly.
[01:36:32.120 --> 01:36:36.840] I have a first-time caller, but I didn't want to bounce over you since you've been hanging
[01:36:36.840 --> 01:36:37.840] on so long.
[01:36:37.840 --> 01:36:38.840] Go ahead.
[01:36:38.840 --> 01:36:42.480] I'll be as quick as I can.
[01:36:42.480 --> 01:36:45.280] I've got a ton of stuff, and I'll probably not get to it.
[01:36:45.280 --> 01:36:48.800] So I've got a motion hearing on Monday.
[01:36:48.800 --> 01:36:55.680] This is for the Unfair Practices Act suit I filed against the second Aspen servicer.
[01:36:55.680 --> 01:37:01.680] They filed a motion for summary judgment, responded to that.
[01:37:01.680 --> 01:37:03.560] We're going to be hearing that on Monday.
[01:37:03.560 --> 01:37:08.380] And we're also going to be hearing my challenge to subject matter jurisdiction motion to dismiss
[01:37:08.380 --> 01:37:11.040] their counterclaim.
[01:37:11.040 --> 01:37:16.960] They have no assignment in the record.
[01:37:16.960 --> 01:37:24.680] This letter that they produced supporting their claim of successorship says, to whom
[01:37:24.680 --> 01:37:29.600] it may concern, we have resigned as escrow agent on the above-referenced account.
[01:37:29.600 --> 01:37:33.480] Enclosed are the following documents for you two.
[01:37:33.480 --> 01:37:37.520] And then there's a list of documents that says the current principal balance is.
[01:37:37.520 --> 01:37:43.560] And then if you have any questions, please contact our office sincerely, Calliope McKinley
[01:37:43.560 --> 01:37:45.680] customer service representative.
[01:37:45.680 --> 01:37:51.760] That work is in assignment.
[01:37:51.760 --> 01:37:53.760] Randy?
[01:37:53.760 --> 01:38:00.000] Oh, I'm sorry.
[01:38:00.000 --> 01:38:05.720] I had muted my mic, so I didn't make any noise on the mic, and I was yakking away.
[01:38:05.720 --> 01:38:10.160] What did you say about that as an assignment?
[01:38:10.160 --> 01:38:11.160] Yeah.
[01:38:11.160 --> 01:38:15.000] It's a letter that says to whom it may concern.
[01:38:15.000 --> 01:38:16.000] Okay.
[01:38:16.000 --> 01:38:21.680] I got that part, but what about assignment?
[01:38:21.680 --> 01:38:26.560] That's their evidence that they have authority to act on this account.
[01:38:26.560 --> 01:38:30.160] Is that sufficient?
[01:38:30.160 --> 01:38:35.080] Once they stated that they resigned?
[01:38:35.080 --> 01:38:37.840] The former escrow servicer resigned.
[01:38:37.840 --> 01:38:38.840] Oh, okay.
[01:38:38.840 --> 01:38:42.920] So it just says the former one resigned.
[01:38:42.920 --> 01:38:49.680] It doesn't state that the lender assigned them as its agent.
[01:38:49.680 --> 01:38:56.120] Well, it says we have resigned and here's the documents we're sending to you.
[01:38:56.120 --> 01:38:57.120] Okay.
[01:38:57.120 --> 01:38:58.120] So?
[01:38:58.120 --> 01:38:59.120] Yeah.
[01:38:59.120 --> 01:39:05.400] It doesn't say anything about assignment as the agent just says, we resigned and we're
[01:39:05.400 --> 01:39:06.400] sending you this stuff.
[01:39:06.400 --> 01:39:10.120] This is a copy of the letter to the- Wait, this doesn't make sense.
[01:39:10.120 --> 01:39:15.600] They're saying they resigned and we're sending you this stuff, and somehow that gives someone
[01:39:15.600 --> 01:39:18.640] else authority to act.
[01:39:18.640 --> 01:39:25.560] No, this is the letter to the successor.
[01:39:25.560 --> 01:39:26.560] Not making sense.
[01:39:26.560 --> 01:39:27.560] I'm missing something.
[01:39:27.560 --> 01:39:35.160] This is the letter from the original servicer to the successor.
[01:39:35.160 --> 01:39:37.880] Okay.
[01:39:37.880 --> 01:39:42.600] Do you have anything appointing the successor?
[01:39:42.600 --> 01:39:43.600] Just this letter.
[01:39:43.600 --> 01:39:44.600] Okay.
[01:39:44.600 --> 01:39:47.600] That's not an appointment.
[01:39:47.600 --> 01:39:48.600] Right.
[01:39:48.600 --> 01:39:53.320] So that should be pretty easy to handle.
[01:39:53.320 --> 01:39:54.320] Okay.
[01:39:54.320 --> 01:39:55.320] Good.
[01:39:55.320 --> 01:40:00.920] So they're claiming that the escrow company act doesn't apply to them because they're
[01:40:00.920 --> 01:40:07.960] a trust company, but they're claiming to be a successor to an escrow company.
[01:40:07.960 --> 01:40:13.000] The escrow company act requires an application for exemption.
[01:40:13.000 --> 01:40:20.240] It does exempt trust companies, but they have to apply for an application for an exemption,
[01:40:20.240 --> 01:40:23.360] and the burden of proof is on them to prove that exemption.
[01:40:23.360 --> 01:40:27.880] Okay, have they filed that in the record?
[01:40:27.880 --> 01:40:28.880] Not yet.
[01:40:28.880 --> 01:40:29.880] I asked for it.
[01:40:29.880 --> 01:40:30.880] Okay.
[01:40:30.880 --> 01:40:31.880] Okay.
[01:40:31.880 --> 01:40:36.960] When you come to the hearing, if they try to produce it at the hearing, you object because
[01:40:36.960 --> 01:40:39.880] they didn't produce it earlier.
[01:40:39.880 --> 01:40:41.440] Okay.
[01:40:41.440 --> 01:40:51.520] And then their counterclaim is for attorney fees under the indemnification clause in the
[01:40:51.520 --> 01:40:54.120] real estate contract.
[01:40:54.120 --> 01:40:56.800] But they can't claim that, right?
[01:40:56.800 --> 01:40:57.800] I don't know.
[01:40:57.800 --> 01:40:58.800] Assignment?
[01:40:58.800 --> 01:40:59.800] There's no assignment.
[01:40:59.800 --> 01:41:04.320] The account was in default when they acquired it.
[01:41:04.320 --> 01:41:11.240] So I don't see how they can claim authority to claim the indemnification clause is going
[01:41:11.240 --> 01:41:16.120] to protect them when they're not actually assigned as an agent.
[01:41:16.120 --> 01:41:18.120] Well, yeah.
[01:41:18.120 --> 01:41:19.640] They don't have a proper assignment.
[01:41:19.640 --> 01:41:28.680] That's a little complex and would go specifically to the governing law, and you're in New Mexico,
[01:41:28.680 --> 01:41:32.280] so I wouldn't know how to respond to that.
[01:41:32.280 --> 01:41:34.800] It's a little bit too technical for me to speak to generally.
[01:41:34.800 --> 01:41:39.440] Well, and I'll follow the challenge of subject matter jurisdiction on their counterclaim
[01:41:39.440 --> 01:41:43.400] stating that there was no evidence of agency or standing, and they didn't produce any
[01:41:43.400 --> 01:41:45.600] evidence in response to that.
[01:41:45.600 --> 01:41:51.320] So okay, I'll tell you what, we're going to run out of time here.
[01:41:51.320 --> 01:41:53.840] Can you call me tomorrow in the morning?
[01:41:53.840 --> 01:41:55.400] Yes, I will.
[01:41:55.400 --> 01:41:56.400] I will.
[01:41:56.400 --> 01:41:57.400] And I'll go over it.
[01:41:57.400 --> 01:41:58.400] Earlier is better.
[01:41:58.400 --> 01:41:59.400] All right.
[01:41:59.400 --> 01:42:00.400] Thanks a lot.
[01:42:00.400 --> 01:42:01.400] Okay.
[01:42:01.400 --> 01:42:02.400] Okay.
[01:42:02.400 --> 01:42:03.400] Thank you, Rob.
[01:42:03.400 --> 01:42:04.400] Okay.
[01:42:04.400 --> 01:42:05.400] Now we're going to go to Gabriel in Oregon.
[01:42:05.400 --> 01:42:06.400] Hello, Gabriel.
[01:42:06.400 --> 01:42:07.400] Hello, sir.
[01:42:07.400 --> 01:42:11.360] How are you doing today?
[01:42:11.360 --> 01:42:12.360] I'm doing good.
[01:42:12.360 --> 01:42:13.360] Okay.
[01:42:13.360 --> 01:42:22.040] I see you have a thrown in jail for contempt for asking questions.
[01:42:22.040 --> 01:42:24.840] What type of case was this?
[01:42:24.840 --> 01:42:35.920] Well, I was accused of DUI, and I was asking him clarifications on the nature and cause
[01:42:35.920 --> 01:42:41.280] of the charges and proceedings against me, and I asked him questions like, do I have
[01:42:41.280 --> 01:42:45.160] the right to a fair and meaningful arraignment?
[01:42:45.160 --> 01:42:50.920] And he said, we're not going to go there today, or we're not doing that today.
[01:42:50.920 --> 01:42:59.760] And every question I asked, he would just cut me off and start talking really fast and
[01:42:59.760 --> 01:43:06.960] accuse me of not listening or accuse me of representing myself, which I don't think is
[01:43:06.960 --> 01:43:07.960] even possible.
[01:43:07.960 --> 01:43:16.040] But I had a few questions because I plan on filing a lawsuit.
[01:43:16.040 --> 01:43:21.040] And I was wondering what you thought about doing a federal lawsuit to move it up to a
[01:43:21.040 --> 01:43:27.200] higher court because it was at a circuit court in Oregon.
[01:43:27.200 --> 01:43:30.560] Okay.
[01:43:30.560 --> 01:43:36.720] Don't have anywhere near enough information to be able to answer anything at the moment.
[01:43:36.720 --> 01:43:38.240] We're about to go to break.
[01:43:38.240 --> 01:43:47.200] When I come back, I need a little more detail on the case, and I'll speak to due process.
[01:43:47.200 --> 01:43:49.240] This is Randy Kelton with our radio.
[01:43:49.240 --> 01:43:55.920] I won't give you our call number because we're going to our last segment, but go visit our
[01:43:55.920 --> 01:44:00.280] sponsors and help us support this network.
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[01:46:03.640 --> 01:46:25.760] Okay.
[01:46:25.760 --> 01:46:26.760] We are back.
[01:46:26.760 --> 01:46:32.200] Randy Kelton, Rule of Law Radio, and we're talking to Gabriel from Oregon.
[01:46:32.200 --> 01:46:41.920] You made a statement about arraignment, and that kind of set off some flags for me.
[01:46:41.920 --> 01:46:51.560] So I need to back up and ask, what was the nature of the hearing that was taking place?
[01:46:51.560 --> 01:46:57.760] Was this the first hearing after you were arrested, or was it a subsequent hearing?
[01:46:57.760 --> 01:47:00.760] The first one, correct.
[01:47:00.760 --> 01:47:02.880] Wait, I missed that.
[01:47:02.880 --> 01:47:03.880] Say that again.
[01:47:03.880 --> 01:47:07.880] Yeah, it was the first one, it was the arraignment.
[01:47:07.880 --> 01:47:08.880] Okay.
[01:47:08.880 --> 01:47:17.400] That was why I asked the question, because if Oregon law is similar to Texas law, that
[01:47:17.400 --> 01:47:18.400] was not an arraignment.
[01:47:18.400 --> 01:47:21.400] It could not be an arraignment.
[01:47:21.400 --> 01:47:23.080] Exactly.
[01:47:23.080 --> 01:47:27.880] What it had to be was an examining trial.
[01:47:27.880 --> 01:47:30.600] Every state requires an examining trial.
[01:47:30.600 --> 01:47:34.720] This is kind of how it works.
[01:47:34.720 --> 01:47:35.720] Jurisdiction.
[01:47:35.720 --> 01:47:42.480] Jurisdiction starts with a claimant, a complainant, and the complainant will take his complaint
[01:47:42.480 --> 01:47:50.120] to some magistrate and make it known to the magistrate that the complainant has reason
[01:47:50.120 --> 01:47:52.760] to believe that crime has been committed.
[01:47:52.760 --> 01:47:58.040] Then the magistrate will convene an examining trial.
[01:47:58.040 --> 01:48:08.400] Now, if the complainant is a police officer and has arrested the accused, then the police
[01:48:08.400 --> 01:48:14.640] officer who performs an arrest without a warrant first being issued is required to take the
[01:48:14.640 --> 01:48:20.080] person directly to the nearest magistrate, and this is kind of, it's a federal requirement
[01:48:20.080 --> 01:48:23.520] and it's pretty well universal across all the states.
[01:48:23.520 --> 01:48:28.680] They'll take him to the nearest magistrate and explain himself.
[01:48:28.680 --> 01:48:31.560] Have you ever seen the program Night Court?
[01:48:31.560 --> 01:48:34.240] No, I haven't.
[01:48:34.240 --> 01:48:35.240] Okay.
[01:48:35.240 --> 01:48:41.280] That was out of New York where you have, it was a comedy with Bob Larroquette and some
[01:48:41.280 --> 01:48:46.960] other folks, and it was a night court, so when someone was arrested, they were held
[01:48:46.960 --> 01:48:53.360] just long enough to have a lawyer appointed for the purpose of this hearing.
[01:48:53.360 --> 01:48:58.800] Then the person arrested was brought before the judge and the police officer brought before
[01:48:58.800 --> 01:49:01.160] the judge was prosecuted.
[01:49:01.160 --> 01:49:07.960] So the person was there with an attorney to represent them, the police officer is there
[01:49:07.960 --> 01:49:13.440] with the prosecutor, the police officer would make his case, the accused would make his
[01:49:13.440 --> 01:49:19.360] case, and the magistrate will determine whether or not the person has to stand and answer
[01:49:19.360 --> 01:49:20.360] for a crime.
[01:49:20.360 --> 01:49:24.400] He would make a determination of probable cause.
[01:49:24.400 --> 01:49:27.600] That's how it's supposed to work.
[01:49:27.600 --> 01:49:32.440] That was a comedy, but it was constitutionally dead on.
[01:49:32.440 --> 01:49:37.640] So when you were arrested, the arresting officer who arrested you apparently without a warrant
[01:49:37.640 --> 01:49:42.600] was required to take you directly before a magistrate, not a judge.
[01:49:42.600 --> 01:49:47.920] A judge holds arraignment hearings, an arraignment hearing is a hearing for the purpose of determining
[01:49:47.920 --> 01:49:52.220] the identity of the accused and taking a plea.
[01:49:52.220 --> 01:49:57.360] Only a judge of original jurisdiction can hold an arraignment hearing.
[01:49:57.360 --> 01:50:04.640] A magistrate can hear any complaint, felony or misdemeanor, state or federal.
[01:50:04.640 --> 01:50:10.160] Every judge is a magistrate, even from the lowest to the highest.
[01:50:10.160 --> 01:50:15.480] So if he's arrested you without a warrant, he's to take you to the nearest magistrate,
[01:50:15.480 --> 01:50:20.560] explain himself, you get an opportunity to explain it in your side, and the magistrate
[01:50:20.560 --> 01:50:24.080] determines whether or not you stand and answer.
[01:50:24.080 --> 01:50:27.280] That's an examining trial.
[01:50:27.280 --> 01:50:33.280] That's what you had a right to, but in every state I've looked at, they no longer hold
[01:50:33.280 --> 01:50:35.520] examining trials.
[01:50:35.520 --> 01:50:42.160] They call it a magistration in Texas, they call it an arraignment in some states.
[01:50:42.160 --> 01:50:51.600] The problem is the trial judge does not have jurisdiction until there's been an examining
[01:50:51.600 --> 01:50:55.360] trial in a determination of probable cause.
[01:50:55.360 --> 01:51:00.840] So they tried to mix these two hearings together and eliminate the determination of probable
[01:51:00.840 --> 01:51:01.840] cause.
[01:51:01.840 --> 01:51:08.600] And the reason is, is the average conviction rate in every state I've looked at is upwards
[01:51:08.600 --> 01:51:09.600] of 99%.
[01:51:09.600 --> 01:51:17.400] We live in the worst police state the world has ever seen, and nobody even knows it.
[01:51:17.400 --> 01:51:26.960] In Texas, average conviction rate, all crimes across the board, 99.6, you see, they know
[01:51:26.960 --> 01:51:30.120] they're going to force you to take a deal.
[01:51:30.120 --> 01:51:35.440] So all this examining trial and all this other due process nonsense, they don't care about
[01:51:35.440 --> 01:51:36.440] that.
[01:51:36.440 --> 01:51:39.560] They're going to force you to take a deal.
[01:51:39.560 --> 01:51:42.480] So they dispense with all that.
[01:51:42.480 --> 01:51:48.680] Their problem is, is you still have those rights and you can go back and begin to assert
[01:51:48.680 --> 01:51:50.680] them.
[01:51:50.680 --> 01:52:00.960] But for me to try to explain all of them here online on the show would take too much time.
[01:52:00.960 --> 01:52:08.200] So I'm going to make a suggestion and this will be more valuable to you than you can
[01:52:08.200 --> 01:52:10.200] imagine.
[01:52:10.200 --> 01:52:17.000] Get out the Oregon Penal Code and Code of Criminal Procedure and just sit down some
[01:52:17.000 --> 01:52:19.600] time and read through them.
[01:52:19.600 --> 01:52:20.600] Read through them quickly.
[01:52:20.600 --> 01:52:26.760] Don't try to understand them, don't try to remember everything, just read through them.
[01:52:26.760 --> 01:52:34.120] And what this will do is provide a referential index for the second time you read them.
[01:52:34.120 --> 01:52:40.160] When you read them the second time, what you will find, what everybody else has found is
[01:52:40.160 --> 01:52:47.240] it reads you like a comic book because you'll read it and be saying, holy crap, look what
[01:52:47.240 --> 01:52:49.040] I can do to them.
[01:52:49.040 --> 01:52:50.440] Look what they did wrong.
[01:52:50.440 --> 01:52:56.600] You will, if you read those things twice and they're not as big as they look because codes
[01:52:56.600 --> 01:52:59.600] and statutes are always in an outline form.
[01:52:59.600 --> 01:53:04.160] So you get this real big book but two thirds of it's white space.
[01:53:04.160 --> 01:53:06.360] It's not like reading a novel or something.
[01:53:06.360 --> 01:53:07.920] You got a whole lot of white space in there.
[01:53:07.920 --> 01:53:14.080] So it reads a lot faster than you'd think and you'll come across areas that you know
[01:53:14.080 --> 01:53:20.360] you don't have any interest in like family law or juvenile law, you won't bother with
[01:53:20.360 --> 01:53:21.360] that.
[01:53:21.360 --> 01:53:23.840] You can cruise right through these.
[01:53:23.840 --> 01:53:27.440] You cruise through them, don't even try to understand them, then go back and read it
[01:53:27.440 --> 01:53:34.240] a second time and your brain will begin to stitch all these codes together and when you
[01:53:34.240 --> 01:53:41.280] go into court, you'll know the codes better than they do because they never read them.
[01:53:41.280 --> 01:53:52.320] Now go to jurisimprudence.com, you have a pen?
[01:53:52.320 --> 01:54:03.160] Back down, j-u-r-i-s-imprudence, i-a-m-p-r-u-d-e-n-c-e.com.
[01:54:03.160 --> 01:54:06.760] You open that up and there'll be a bunch of frogs on there because I call all this the
[01:54:06.760 --> 01:54:08.560] frog farm conspiracy.
[01:54:08.560 --> 01:54:18.200] Well there's a box on the top on the left and that goes to a habeas corpus I wrote for
[01:54:18.200 --> 01:54:22.120] a kid in Conroe, Texas.
[01:54:22.120 --> 01:54:28.240] It's written in Texas law but it's based on federal law.
[01:54:28.240 --> 01:54:36.640] This is due process, this is federal due process, this is what they're required to do in every
[01:54:36.640 --> 01:54:37.640] arrest.
[01:54:37.640 --> 01:54:46.520] And you're in Oregon, most of the states including Oregon adopted the model penal code and code
[01:54:46.520 --> 01:54:50.280] of criminal procedure put out by the United States government.
[01:54:50.280 --> 01:54:57.400] They encouraged the states to adopt these so that the laws would be relatively uniform
[01:54:57.400 --> 01:54:59.960] across all the states.
[01:54:59.960 --> 01:55:03.320] So that will be appropriate to you.
[01:55:03.320 --> 01:55:08.480] You read through that and you will be surprised what you see.
[01:55:08.480 --> 01:55:14.200] I can almost guarantee you I could come to Oregon and walk through their codes and walk
[01:55:14.200 --> 01:55:21.040] through their procedure and I'll give you right at 20 misdemeanor and felony charges
[01:55:21.040 --> 01:55:28.360] against the arresting officer, the jailers, the magistrate, the prosecuting attorney and
[01:55:28.360 --> 01:55:32.240] the trial judge to do everything wrong.
[01:55:32.240 --> 01:55:37.360] Let me hear a couple of other big ones at you.
[01:55:37.360 --> 01:55:45.720] So they threw me in jail and after the strip search which was really enjoyable, they threw
[01:55:45.720 --> 01:55:51.240] me in a holding cell with a guy who had Tourette's in one of the foulest mouths I've ever heard
[01:55:51.240 --> 01:55:53.480] and would scream at the top of his lungs.
[01:55:53.480 --> 01:56:00.200] But the major legal issue is that I wrote out a habeas corpus in like 30 minutes and
[01:56:00.200 --> 01:56:03.000] every jailer I talked to refused to take it.
[01:56:03.000 --> 01:56:07.240] They would always say, oh no, that's for later, that's not for now.
[01:56:07.240 --> 01:56:08.240] Wonderful.
[01:56:08.240 --> 01:56:20.280] When I was asking the cops, do I have to take this breathalyzer test, he'd say, no.
[01:56:20.280 --> 01:56:23.360] And I said, okay, well, what are my options here if I do or don't?
[01:56:23.360 --> 01:56:28.880] And he said, okay, this is your last chance, either do it now or I'll count as a refusal
[01:56:28.880 --> 01:56:29.880] and it'll be an extra charge.
[01:56:29.880 --> 01:56:33.680] And I said, well, what are my three options, whether I do or don't, or I pass or fail?
[01:56:33.680 --> 01:56:39.680] He'd say, oh, that's it, that's a refusal and then, yeah, there was one more issue like
[01:56:39.680 --> 01:56:40.680] that.
[01:56:40.680 --> 01:56:48.680] But yeah, I wanted you to hear those before we hit the end of the show.
[01:56:48.680 --> 01:57:00.080] Okay, well, so have you filed a, okay, well, I don't have enough information yet and it
[01:57:00.080 --> 01:57:02.200] is late in the show.
[01:57:02.200 --> 01:57:06.280] Can you call back in earlier next week?
[01:57:06.280 --> 01:57:13.440] But first, before we get there, write me a timeline, just this happened and this happened,
[01:57:13.440 --> 01:57:21.120] no explanations, just a timeline so that when we talk about this, I can stay oriented in
[01:57:21.120 --> 01:57:27.000] time because when things like this happen to people, you're involved in it so you have
[01:57:27.000 --> 01:57:32.400] an emotional component and you tend to move from one emotional high point to the next,
[01:57:32.400 --> 01:57:34.080] to the next, to the next.
[01:57:34.080 --> 01:57:39.960] Well, that tends to leave out a lot of detail in the middle and I'm the due process guy.
[01:57:39.960 --> 01:57:45.840] So I'm looking at things that you may not know to even pay attention to.
[01:57:45.840 --> 01:57:52.040] So I need a timeline so I can go back in between these events and ask some really pertinent
[01:57:52.040 --> 01:57:54.800] questions.
[01:57:54.800 --> 01:58:00.920] If you will just write down a timeline, this will be extremely valuable for you because
[01:58:00.920 --> 01:58:07.840] this is emotional for you and there's something about memory that will cause you to have memory
[01:58:07.840 --> 01:58:13.360] loss when you emotionally reinvigorate these memories.
[01:58:13.360 --> 01:58:20.200] I'll explain that when we have more time, but you need to get this written down as soon
[01:58:20.200 --> 01:58:25.560] as possible because these details are beginning to fade real fast.
[01:58:25.560 --> 01:58:30.360] So just get a timeline, that's the best memory device you can develop and then call in next
[01:58:30.360 --> 01:58:35.720] Friday earlier in the day and we'll go through some of this routine.
[01:58:35.720 --> 01:58:36.720] This is what we do.
[01:58:36.720 --> 01:58:40.320] We show people how to take on these public officials.
[01:58:40.320 --> 01:58:41.320] Thank you for calling.
[01:58:41.320 --> 01:58:42.320] We are out of time.
[01:58:42.320 --> 01:58:47.960] Randy Kelton, We'll Be Back next Thursday, 8 o'clock Central, then Friday, 8 o'clock
[01:58:47.960 --> 01:58:50.560] Central.
[01:58:50.560 --> 01:58:56.640] Bibles for America is offering absolutely free a unique study Bible called the New Testament
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